Brief Overview of the Maritime Labour Convention. Ed Mills-Webb, Clyde & Co LLP. MareForum Rome, 8 May 2013

Transcription

1 Brief Overview of the Maritime Labour Convention Ed Mills-Webb, Clyde & Co LLP MareForum Rome, 8 May

2 At glance An objective benchmark for decent working and living conditions and fair competition for shipowners The fourth pillar of international maritime law IMO ILO MLC STCW MARPOL SOLAS 1

3 The statistics Signed in February 2006 Minimum 33% world gross tonnage requirement met in th signatory (the Philippines) in August 2012 Effective on 20 August 2013 Currently 35 ratifications 67% of the world tonnage Replaces 37 ILO conventions UK expected to ratify it in June 13 2

4 The structure: vertically integrated Articles Regulations Code Part A: Mandatory Standards Part B: Guidelines Five titles Title 1: Minimum requirements (age, certificate, training, recruitment) Title 2: Conditions of employment Title 3: Accommodation, recreational facilities, food and catering Title 4: Health protection, medical care, welfare and social security Title 5: Compliance and enforcement 3

5 Implementation Aims at universal ratification Requires national implementation Flexibility in implementation: legislation or substantially equivalent measures (CBA s; in practice) No more favourable treatment 4

6 Application CERTIFICATION REQUIRED FOR A ship engaged in international voyages and commercial activities (not a defined term) except fishing and warship Flying the flag of a ratifying country No tonnage limitation on its application but certification of ships less than 500 GT is not mandatory and some flexibility on accommodation requirements based on tonnage Wide definition of seafarers and shipowners INSPECTION ON ALL SHIPS (even from non ratifying states); non more favourable treatment 5

7 The Protection: 14 areas Fundamental Rights Association (Collective Bargaining) Elimination of forced labour Abolition of child labour Elimination of discrimination Payment of wages Licensed/certified recruitment Decent Employment Minimum requirements Minimum Age Pay Hours of work/rest Manning Leave Accommodation Recreation, food Repatriation / termination Sickness, injury, death Complaints Visible procedures onboard Record kept Fair process Whistle-blowing Escalation ashore Training Cultural change 6

8 Compliance: Flag State: Certification Maritime Labour Certificate Issued by Flag State Valid for 5 years Subject to periodic inspections by Flag state Declaration of Maritime Labour Compliance Issued by shipowners Approved by classification society or other Recognised Organisation ( RO ) Attached to the Maritime Labour Certificate See the 14 areas 7

9 Recognised Organizations Delegated inspections and certifications from flag states Voluntary certification for e.g. manning agencies Training for shipowners 8

10 Enforcement: Port States: Inspections and Detentions Inspection by signatory port states on all vessels Port State Control inspectors unlikely to look beyond the Maritime Labour Certificate for evidence of compliance Ships from non-member nations more likely to be subjected to detailed inspections Detentions Escalation onshore if case of non compliance / next port of call 9

11 Preparation Understand the requirements Consult with flag Gap analysis Review onboard complaints procedures Review of Crew contracts Review of Charterparty contracts Develop procedures for ongoing compliance Training 10

12 Outside the MLC? Abandoned seafarers not in the ILO agenda until first half of 2014 although a joint working group exists (unpaid wages, repatriation, insurance) Voluntary compliance to avoid delays in ports 11

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