MLC, 2006: What it is and what it does

The MLC, 2006 was adopted by government, employer and worker representatives at a special ILO International Labour Conference, in February 2006, to provide international standards for the world’s first genuinely global industry. Widely known as the "seafarers’ bill of rights," it is unique in its effect on both seafarers and quality shipowners.

The comprehensive Convention sets out in one place seafarers' rights to decent conditions of work on almost every aspect of their working and living conditions including, among others, minimum age, employment agreements, hours of work or rest, payment of wages, paid annual leave, repatriation at the end of contract, onboard medical care, the use of licensed private recruitment and placement services, accommodation, food and catering, health and safety protection and accident prevention and seafarers’ complaint handling.

It was designed to be applicable globally, easy to understand, readily updatable and uniformly enforced and has become the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organization (IMO) dealing with safety and security of ships and protection of the marine environment.

The Convention was adopted with demanding entry into force requirements, to ensure that it would result in real change for seafarers and shipowners and avoid being seen as a "paper tiger." The concern was to ensure that it had the strong backing of the maritime sector – especially flag States – before it came into force.

Under ILO practice, Conventions usually become binding under international law 12 months after countries register ratifications. To enter into force, the MLC, 2006 needed to register at least 30 ratifications by countries representing at least 33 per cent of the world’s gross shipping tonnage.

The Convention mandates that commercially operated ships of 500 gross tonnage or over and governed by its provisions will, if they operate on international voyages, be required to carry, among other things, two specific documents: a Maritime Labour Certificate (MLC) and a Declaration of Maritime Labour Compliance (DMLC) providing prima facie evidence that the ships are in compliance with the requirements of the Convention.

These two documents are subject to inspection when ships enter the ports of other countries that have ratified the Convention. In addition, ships flying the flag of countries that have not ratified the Convention are also subject to inspection with respect to working and living conditions for seafarers when they enter ports of countries where it is in force. This "no more favourable treatment" approach, is an important aspect to help ensure fair competition for shipowners that comply with the Convention.

The MLC, 2006 applies to a wide range of ships operating on international and national or domestic voyages. Exceptions include those navigating exclusively in inland waters or waters within, closely adjacent to sheltered waters or areas where port regulations apply; those engaged in fishing or similar pursuits; and ships of traditional build such as dhows and junks and warships or naval auxiliaries.

It also contains important innovative compliance and enforcement components based on flag State inspection and for port State control. The ILO has developed a number of resources such as Guidelines for flag State inspections and for port State control as well as workshops to help train inspectors and to assist national legal counsel and officials involved with ratification and national legal implementation.