- The Maritime Labor Convention (MLC) 2006 is an international treaty of the International Labour Organization (ILO) that establishes seafarers' rights to decent working conditions. It is sometimes referred to as the Seafarers' Bill of Rights.
- The MLC 2006 was adopted in February 2006 and entered into force on August 20, 2013.
- The MLC 2006 consolidates and updates 68 ILO conventions and recommendations on maritime labor adopted between 1920 and 1996, as well as general principles.
- The MLC 2006 does not deal with seafarers' personal documents (ILO C108 and C185) or pensions (ILO C71).
- The MLC 2006 sets minimum standards, and seafarers may have better standards under relevant national laws or their employment contracts or collective bargaining agreements.
- The MLC 2006 is an international legal instrument and therefore does not apply directly to ships, shipowners, or seafarers. Countries choose whether to sign the MLC 2006 or not (ratify).
- If a country ratifies the MLC 2006, it must apply the requirements of the MLC through its national laws, applicable collective bargaining agreements, or other measures in practice.
- Owners of ships registered in a country that ratifies the MLC must comply with those national laws or other measures.
- Countries that have ratified the convention then review ships registered under their flag and issue a certificate if the ship complies with the MLC.
- Countries that have ratified the MLC 2006 may also choose to inspect any ship entering one of their ports to ensure that it complies with the MLC. If it does not comply, the ship may be detained.
- The MLC 2006 also applies to the recruitment of seafarers in a country that ratifies it.
- The MLC 2006 is designed to align with international standards on ship safety, seafarer training and certification, and prevention of pollution from ships (SOLAS, STCW, MARPOL), and is widely regarded as the fourth pillar of quality industry regulations.
- The International Labour Organization (ILO) oversees the implementation of the MLC 2006.
When is the MLC 2006 applied?
- The Convention on Maritime Labor from 2006 applies to seafarers working on a ship of a state that has ratified the MLC 2006.
- The MLC entered into force on August 20, 2013, in the following 30 countries: Liberia, Marshall Islands, Bahamas, Panama, Norway, Bosnia and Herzegovina, Spain, Croatia, Bulgaria, Canada, Saint Vincent and the Grenadines, Switzerland, Benin, Singapore, Denmark, Antigua and Barbuda, Latvia, Luxembourg, Kiribati, Netherlands, Australia, Saint Kitts and Nevis, Tuvalu, Togo, Poland, Palau, Sweden, Cyprus, Russian Federation, Philippines.
- For any country that ratifies the MLC 2006 after August 20, 2012, the MLC 2006 will enter into force 12 months after the date of registration of the country's ratification. A list of countries that have ratified and the date of entry into force for each country, as well as other national information (click on the country name) are available at the following link:
- A seafarer is defined as any person who is employed, engaged, or works in any capacity on a ship to which the MLC 2006 applies. This includes anyone working on the ship: not only the crew involved in navigation or ship management, but also, for example, individuals working in hospitality areas providing a range of services to passengers on cruise ships or yachts.
- The MLC 2006 also aims to protect seafarers working under the flag of a country that has not ratified the MLC 2006. This is the concept of the "non-discrimination clause," which means that ships under the flag of a country that has not ratified the MLC 2006 will be inspected in the port of the state that ratifies the convention. - The MLC 2006 applies to all ships, whether publicly or privately owned, that are usually engaged in commercial activities.
-The MLC 2006 does not apply to ships that only sail in inland or protected waters or areas where port regulations apply.
- The MLC 2006 does not apply to: fishing vessels; sailboats or sailing ships; warships.
- If there is any doubt as to whether a category of persons or ships is covered by the MLC 2006, the situation must be clarified through consultations between the relevant state authorities and organizations of shipowners and seafarers.
How is the MLC 2006 implemented?
The 2006 Maritime Labour Convention is implemented in several ways:
- Flag states must have a system for inspecting and certifying the working and living conditions on their ships that ensures compliance with the MLC requirements (see flag state responsibilities).
- Anyone, including seafarers, can complain to the inspection authority or report a violation of the MLC.
- Seafarers have the right to appeal procedures on board if MLC requirements are not met (see right to appeal on board).
- Port states may decide to inspect foreign ships entering their ports to check whether they meet the MLC requirements. This includes ships flying the flags of countries that have not signed the MLC 2006 (see port state responsibilities).
- Seafarers also have the right to appeal procedures on land if MLC requirements are not met (see right to appeal on land).
- The International Labour Organization has its own system for verifying compliance with the MLC.
- Countries that have ratified the MLC 2006 must report to the International Labour Organization on how they have applied the MLC requirements. These reports are considered by the Committee of Experts of the International Labour Organization.
Serbia ratified the MLC 2006 on March 15, 2013.
The Ministry of Construction, Transport, and Infrastructure - Water Traffic and Navigation Safety Sector is responsible for answering questions from the Committee of Experts of the International Labour Organization.
A large number of unresolved questions from the report are waiting for a response from the ministry.
UPRS, as a non-governmental, professional, voluntary, and non-profit association, wishes to point out the shortcomings of the competent authorities in regulating the field of maritime affairs.
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