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Mlc gen

null
by

alfa ria lopez

on 25 March 2014

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Transcript of Mlc gen

Dr. Atty. Capt. Alvin A. Tormon
ATLAS Corp
Admiralty & Maritime Consultants
Deck & Engine Review Consultants

Philippines as a Maritime Power
In his prophetic essay,
“The Philippines a Century Hence,”

Jose Rizal,

Philippine National Hero, envisioned a promising future of a new breed of Filipinos springing from the soil and a dynamic nation capable of becoming

a maritime power…
What is the Maritime Labor Convention?
The Maritime Labor Convention (MLC) is an International Labor Organization Convention adopted in Geneva in February 2006
The "fourth pillar" of the international regulatory regime for quality shipping (SOLAS, STCW, MARPOL, MLC)
Requirements for Entry into Force
August 20, 2012, Philippines
was the 30th member state to ratify
August 20, 2013
, MLC will come into FULL FORCE AND EFFECT worldwide
Structure of the
MLC 2006
The MLC starts with a
Preamble

setting out the context in which the Convention was adopted.
Then come the

Articles
, covering general obligations for the States ratifying the Convention, the fundamental rights and principles and how the Convention works.
After that, come the

Regulations

and


the Code

(Part A –

Standards
;

Part B –
Guidelines)
Titles of the Convention
Title 1:
Minimum requirements for seafarers to work on a ship
Title 2:
Conditions of employment
Title 3: Accommodation, recreational facilities, food and catering
Title 3:

Accommodation, recreational facilities, food and catering
Title 4:
Health protection, medical care, welfare and social security protection
Title 5:
Compliance and enforcement
Minimum age requirements
Recruitment/placement services 
Medical fitness
2.1 Contract
Contracts
Payments
Rest hours
Leave
Repatriation
Manning
Standard form of Agreement
Collective Bargaining
Early termination
2.2 Wages
Monthly intervals
Exchange rate
48 hours per week
Equal Remuneration Principle
Deductions
Minimum wage
2.3 Hours of Work / Rest
14 hours in any 24-hour period
Max Hours of Work:
72 hours in any 7-day period
Min Hours of REST:
10 hours in any 24-hour period
77 hours in any 7-day period
Drills:
Minimize disturbance of rest periods + does not induce fatigue
2.3 ….continued….
Right of the Master to require a seafarer to perform any hours of work necessary for:
IMMEDIATE SAFETY OF THE SHIP, PERSONS ON BOARD, OR CARGO,
GIVING ASSISTANCE TO OTHER SHIPS & PERSONS IN DISTRESS AT SEA
or
2.4 Entitlement to Leave
Minimum 2.5 days per month of service
Service off-articles
2.5 Repatriation
At no cost to the seafarer
Contract expires
Agreement is terminated for justified reasons
Seafarer no longer capable of performing his duties
Illness or injury
2.5 …..continued…
Insolvency of the owner
Sale of ship
Ship bound for
war zone
ONLY IF SEAFARER DID NOT CONSENT TO GO
Accommodation
Recreation
Food and Catering
Medical care on board ship and ashore
Shipowners' liability
Health and safety protection and accident prevention
Access to shore-based welfare facilities
Social security
Compliance and enforcement are secured through onboard and onshore complaint procedures for seafarers
Shipowners' and shipmasters' supervision of conditions on their ships, flag States' jurisdiction and control over their ships, and port state inspection of foreign ships
Maritime Labor Certificate + Declaration of Maritme Labor Compliance
Who is covered under MLC?
Who is covered under MLC?
2. Which seafarers?
Any person who is employed, engaged or working in any capacity on board a ship to which the Convention applies.
This includes riding gangs and hotel staff on cruise ships
– anyone working on board
Effect on other conventions
MLC changes 37 ILO conventions
These conventions upon entry into force of MLC will close for ratification (if not already) and that entry into force for a specific country means automatic denouncement its ratification to other conventions
The new Convention consolidates and updates 68 existing ILO Maritime Conventions and Recommendations adopted since 1920.
Countries that do not ratify the new Convention will remain bound by the previous Conventions that they have ratified, although those instruments will be closed to further ratification.
Conventions incorporated in the MLC
Certification of Able Seamen Convention, 1946
Food and Catering (Ships' Crews) Convention, 1946
Minimum Age (Sea) Convention, 1920
Unemployment Indemnity (Shipwreck) Convention, 1920
Placing of Seamen Convention, 1920
Medical Examination of Young Persons (Sea) Convention, 1921
Seamen's Articles of Agreement Convention, 1926
Seamen's Articles of Agreement Convention, 1926
Repatriation of Seamen Convention, 1926
Repatriation of Seamen Convention, 1926
Officers' Competency Certificates Convention, 1936
Holidays with Pay (Sea) Convention, 1936
Holidays with Pay (Sea) Convention, 1936
Shipowners' Liability (Sick and Injured Seamen) Convention, 1936
Sickness Insurance (Sea) Convention, 1936
Sickness Insurance (Sea) Convention, 1936
Hours of Work and Manning (Sea) Convention, 1936
Minimum Age (Sea) Convention (Revised), 1936
Certification of Ships' Cooks Convention, 1946
Social Security (Seafarers) Convention, 1946
Social Security
(Seafarers)
Convention,
1946
Paid Vacations (Seafarers) Convention, 1946
Medical Examination (Seafarers) Convention, 1946
Medical Examination (Seafarers) Convention, 1946
Accommodation of Crews Convention, 1946
Wages, Hours of Work and Manning (Sea) Convention, 1946
Paid Vacations (Seafarers) Convention (Revised), 1949
Accommodation of Crews Convention (Revised), 1949
Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949
Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958
Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958
Accommodation of Crews (Supplementary Provisions) Convention, 1970
MLC provides you the
right to a safe and secure workplace
, where
safety standards
are complied with, where you have
fair terms of employment,

decent living and working conditions,
including social protection such as access to medical care, health protection and welfare.
This part is divided into five parts: the Titles
Loss
Under the MLC 2006, what is the minimum notice period to be given by the seafarers and the shipowners for early termination of a seafarer's employment agreement?
ATLAS LEARNING CHECKPOINT #1
a. 3 days
b. 7 days
c. 15 days
d. 30 days
Under the MLC 2006, in which of the following instances may national laws or regulations excluded the shipowoner from liability
ATLAS CHECKPOINT #2
a. Injury incurred other than while in service
b. injury or illness arising from willful misconduct
c. Sickness or infirmity concealed by seafarer
d. All of the above
After a meeting with the
Pope, Bill Clinton held a
press conference and announced that they had a very successful conference and had agreed on about 60% of what they discussed.When asked what they discussed, Clinton replied: "The Ten Commandments."
ATLAS JOKE
Shipwreck
1. What Vessel?
All ships covered except:
All ships navigating exclusively in inland waters,
close to the coast,
in sheltered waters or areas where port regulations apply
Fishing vessels
warships and naval auxiliaries
Provides comprehensive rights and protection at work for seafarers
Aims to achieve both decent work for seafarers and secure economic interests in fair competition for quality shipowners
Consolidates and updates more than 68 international labor standards related to the Maritime sector adopted over the last 80 years
It should be ratified by at least 30 member states
Member states should represent at least 33% of the world’s gross tonnage
Already after five ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands and Panama) represented over 43% of the gross world tonnage
ships of traditional build, such as dhows or junks
CHALLENGES TO
NO MORE FAVORABLE TREATMENT
Ship must not be placed at a disadvantage because their country has ratified the convention
All ship flags ( irrespective of ratification)will be subjected to PSC inspection.
UNIVERSAL ENFORCEMENT
Unfair competition of ship owners will be eliminated
Elimination of substandard ships
A Functional Guide to the
Ships below 200 GT, that are not carrying out international voyages, can be excluded by the flag State from some of the requirements if the seafarers rights concerned are already covered by national laws, collective agreements, or other measures.
Training
Full transcript