1. Guidance and Application
Introduction to Maritime Labour Convention
General Introduction
Guidance and Application
Introduction
Objectives of the session
Demonstrate knowledge of the reasons for the development and adoption of the MLC, 2006.
Demonstrate a basic understanding of the key principles of the MLC, 2006.
Explain the advantages of the MLC, 2006 for seafarers and their unions.
Understand the new structure of the MLC, 2006 and how to use it.
Demonstrate an awareness of the situation of seafarers, their employment and social rights
Format of the session (presentation and then Q&A session and if time activities)
Housekeeping
Outline of the MLC, 2006 ITF Guide
Practical tool that is easily understood, to be used by the affiliates in the implementation of requirements of MLC, 2006 in national legislation;
To provide relatively simple advice to national affiliates/seafarers on recommended interpretation of guidelines of the MLC, 2006.
To support practical implementation of the provisions in the MLC, 2006 on board;
To assist ITF inspectors and seafarers in effective use of the port State control to defend and secure decent working and living conditions.

2. Session Structure Outline and purpose of the MLC, 2006, ITF Guide.
General explanation of the MLC, 2006
Reasons why the MLC, 2006 was adopted.
The advantages of the MLC, 2006 for seafarers and discuss the advantages of the MLC, 2006 for ITF affiliates.
Reasons why the MLC, 2006 is different to previous Conventions.
The important definitions of the MLC, 2006.
Overview of whom the MLC, 2006 applies and whom it doesn’t apply.
The structure of the text of the MLC, 2006 and how to use it (articles, five titles, Regulations and Code (Part A and B), Regulation, Standards and Guidelines).
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

3. Session Structure The Fundamental Rights and Principles.
Seafarers’ Employment and Social Rights.
Definition of Substantial Equivalence with reference to the MLC, 2006.
The concept of ‘No More Favourable Treatment’ in the framework of the MLC, 2006.
The principle of Flag Nation Standards – No Reduction in the framework of the MLC, 2006.
When will the Convention come into force.
Amendments of the MLC, 2006 to this Convention as per Article XIV and to the Code as per Article XV.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

4. General Explanation of the MLC, 2006
Consolidate and update more than 60 earlier ILO Conventions and Recommendations;
Set minimum requirements for seafarers to work on a ship;
Address conditions of employment, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection;
Promote compliance by shipowners and give governments sufficient flexibility to implement its requirements; and
Strengthen enforcement mechanisms, including complaint procedures available to seafarers, the shipowners’ and shipmasters’ supervision on their ships, the flag States’ control, and PSC of foreign ships.
General Explanation of the MLC, 2006
The ILO's Maritime Labour Convention (MLC), 2006 provides comprehensive rights and protection at work for the world's more than 1.2 million seafarers. The Convention sets out seafarers' rights to decent conditions of work on a wide range of subjects, and aims to be globally applicable, easily understandable, readily updatable and uniformly enforced. It has been designed to become a global instrument known as the "fourth pillar" of the international regulatory regime for quality shipping, complementing the key Conventions of the International Maritime Organisation (IMO).
Until recently, the labour standards that affected this sector had been fragmented. The International Maritime Organisation (IMO) had taken important steps to build protections in the areas of safety, certification and pollution, but the sector was awash in a wide range of international labour standards going back over eight decades.
The new ILO Convention modernises these standards to:
Consolidate and update more than 60 earlier ILO Conventions and Recommendations;
Set minimum requirements for seafarers to work on a ship;
Address conditions of employment, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection;
Promote compliance by operators and owners of ships by giving governments sufficient flexibility to implement its requirements in a manner best adapted to their individual laws and practices; and
Strengthen enforcement mechanisms at all levels, including provisions for complaint procedures available to seafarers, the shipowners’ and shipmasters’ supervision of conditions on their ships, the flag States’ jurisdiction and control over their ships, and port state inspections of foreign ships.
All this is new. What is more, this standard also recognises that in today’s maritime sector, quality work and quality shipping go hand in hand.
How does it achieve this? First by providing a necessary balance between labour standards and regulations needed in the sector with the promotion of productivity and competitiveness. Such balance is essential today across the globalised world.
Second, it is the first major comprehensive set of global labour standards to be adopted without the opposition of any of its tripartite stakeholders – in this case, representatives of seafarers, shipowners and governments. Of the more than 300 delegates attending the ILO Maritime Conference, not one voted against the Convention.
Third, the Convention contains common sense and viable provisions for its own enforcement. No longer will seafarers or shipowners face a bewildering array of national laws subject to differing international labour standards. Under its provisions, for the first time in history, there will be a truly global foundation available for the various national laws in the maritime labour sector.
Fourth and finally, this Convention shows that the human capacity, intelligence and political will, exists to find balanced solutions to help make globalisation fair. Other globalised sectors face similar challenges.
In the search for a way forward it has become more and more evident that there can be no lasting success with purely national solutions to global problems. Nor will we find the right solutions without dialogue among the key parties.
It is incumbent upon policymakers to rapidly move forward with the ratification of this new standard. A call needs to be made to all of them to place the ratification of the Maritime Labour Convention on their priority list.
The sooner we have the necessary ratifications (30 countries representing 33 per cent of world tonnage), the sooner it will come into force and the sooner we can confirm the Maritime Labour Convention’s role as a harbinger of a new era in our globalised world – one in which workers, employers and government came together to produce an international instrument that benefits us all.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

5. Why was the MLC, 2006 adopted?
Many of the existing ILO instruments needed to be updated to reflect the working conditions in the industry.
Increased internationalisation of ship registries and “Flags of Convenience”.
Changes in ownership, financing and the rise of ship management companies resulting in significant shifts in the labor market for seafarers.
Development of mixed nationality crews in highly organised global network linking shipowners, ship managers and crew managers.
A need to provide a “level playing field” and avoid exploitation of workers.
Increased stress and complexity in the maritime work place that has an impact on the health and social security.
It is widely agreed that, given the global nature of the shipping industry, seafarers need special protection, especially since they are quite often exempted from national labour laws.
The International Labour Organization (ILO) has described the way in which the vicious circle of low freight rates, extremely poor conditions and standards, weak national regulatory mechanisms and the general reluctance to enforce internationally applicable labour standards drives a race to the bottom in maritime employment standards.
These considerations were amongst the reasons why, in February 2006, governments, unions and shipowners reached a historic agreement on what has been termed the “bill of rights” for the world’s 1.2 million seafarers.
Why was the MLC adopted?
Many of the existing ILO instruments needed to be updated to reflect the working conditions in the industry.
Increased internationalisation of ship registries and “Flags of Convenience”.
Changes in ownership, financing and the rise of ship management companies resulting in significant shifts in the labor market for seafarers.
Development of mixed nationality crews in highly organised global network linking shipowners, ship managers and crew managers.
A need to provide a “level playing field” and avoid exploitation of workers.
Increased stress and complexity in the maritime work place that has an impact on the health and social security
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

6. Advantages of the MLC, 2006 For Seafarers
A comprehensive set of basic maritime labour principles and rights as well as ILO fundamental rights.
Convention spells out in one place and clear language seafarers’ basic employment rights.
Seafarers better informed of their rights and remedies available.
Improved enforcement of minimum working and living conditions.
Right to make complaints both on board and ashore.
Clear identification of who is the shipowner with overall responsibility.
Advantages of the MLC, 2006
A global reference on maritime labour issues:
4th pillar of quality shipping (with SOLAS, STCW, MARPOL)
A comprehensive set of basic maritime labour principles and rights
Simplification of international requirements
A strong enforcement regime, backed by a certification system
Verifiable compliance with basic minimum employment and social requirements
Application to all ships including those of non-ratifying Members
Improved working and living conditions for seafarers
A more secure and responsible maritime workforce
A more socially responsible shipping industry
Improved social dialogue at all levels
Seafarers better informed of their rights and remedies
Improved supervision at all levels: the ship, the company, the flag state, the port state, and the ILO
Global and uniform compliance and verification
Improved possibilities of keeping labour conditions up to date
Permanent review of maritime labour situation
Positive impact on safety at sea
Positive impact on the protection of the environment
Question to ask in plenary either during the presentation (if time) or during the Q&A Session after the presentation
What are the advantages of the MLC, 2006 for ITF inspectors?
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

7. Transition from Previous Conventions
The new Convention is combining the “best of the old with the new”.
It combines the core standards found in the existing maritime Labour Conventions with an innovative format aimed at achieving universal acceptance.
It builds upon and incorporates many of the well- established approaches developed in other major conventions such as STCW and SOLAS.
Unlike other ILO Conventions it does not have a Convention number assigned to it because its text will be amended in the future (rather than being revised by another Convention).
It combines the core standards found in the existing maritime Labour Conventions with an innovative format aimed at achieving universal acceptance and a new approach to securing ongoing compliance and allowing for more rapid updating the technical provisions.
The new Convention is combining the “best of the old with the new”.
It builds upon and incorporates many of the well-established approaches developed in other major conventions such as STCW and SOLAS.
Unlike other ILO Conventions it does not have a Convention number assigned to it because its text will be amended in the future (rather than being revised by another subsequent Convention).
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

8. Important Definitions
Seafarer
Ship
Shipowner
Competent authority
Seafarers’ employment agreement
Seafarer recruitment and placement service
Important Definitions
Seafarer – means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. ”. I.e., a very broad definition no longer limited to persons directly involved in navigating or operating a ship but covers all personnel working onboard the ship.
Question: Under the MLC, 2006 are the following persons “seafarers”:
persons employed on a ship (as defined in the MLC, 2006) to entertain the passengers throughout the voyage? Answer: Yes
the persons just referred to, but who are self-employed and working on the ship for charitable purposes only? Answer: Yes.
persons working on a ship that is less than 200 GT in size (that does not operate exclusively in sheltered or adjacent to sheltered waters etc.)? Answer: Yes
scientists or researchers whose work is not part of the routine business of the ship?
entertainers on an “historical voyage” ships such as a famous wooden mast tall ships?
In answer to the last two questions, these are borderline cases “of doubt” on which the flag State authorities may have to make a determination after consulting the shipowners’ and seafarers’ organizations concerned.
Ship - means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.
Shipowner - means the owner of the ship or another organisation or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organisation or persons fulfill certain duties or responsibilities on behalf of the shipowner.
shipowners have the overall responsibility as employers with respect to all seafarers working on their ships and inspectors and seafarers can easily find out who is responsible by looking at the ship’s documents (as well as checking seafarers’ employment agreements). This means shipowners have responsibility for making arrangements with any employers that have people working on board the ship (for example, shops). This is a matter for the shipowner to address.
Question: is it reasonable that shipowners should have to take responsibility for the failings of the employers of, for example, hotel staff on the ship who are outside the shipowners’ control?
Answer: Yes. Shipowners in their agreements with the other employers can ensure that these employers reimburse them for all costs involved in the employment of the staff concerned. Reference can also be made to Standard A2.5, para. 4 concerning repatriation costs.
Competent authority – means the minister, government department or other authority having power to issue and enforce regulations, orders or other instructions having the force of law in respect of the subject matter of the provision concerned.
Seafarers’ employment agreement - includes both a contract of employment and articles of agreement.
Seafarer recruitment and placement service - means any person, company, institution, agency or other organisation, in the public or the private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

9. Scope of MLC, 2006 Application
Except as expressly provided otherwise, this Convention applies:
To all seafarers or any person who is employed or engaged on works in any capacity on board a ship to which the Convention applies.
To all ships, whether publicly or privately owned, ordinarily engaged in commercial activities except:
– Ships navigating exclusively in inland waters, close to the coast, in sheltered waters or areas where port regulations apply.
– Fishing vessels.
– Ships of traditional build, such as dhows and junks.
– Warships and naval auxiliaries.
Smaller ships (below 200 GT) may be exempted.
Scope of MLC, 2006 Application
Except as expressly provided otherwise, this Convention applies:
To all seafarers or any person who is employed or engaged on works in any capacity on board a ship to which the Convention applies.
In the event of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organisations concerned with this question.
The workers in the catering and hotel departments of cruise ships for example are seafarers as per the MLC
To all ships, whether publicly or privately owned, ordinarily engaged in commercial activities except:
Ships navigating exclusively in inland waters, close to the coast, in sheltered waters or areas where port regulations apply.
Fishing vessels.
Ships of traditional build, such as dhows and junks.
Warships and naval auxiliaries.
In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organisations concerned.
Smaller ships (below 200 GT) may be exempted.
Ships below 200 gross tonnage (GT) that are not carrying out international voyages, can be excluded by the flag State from some of the requirements if they are already covered by national laws.
Ships between 200 And 500 GT are covered by MLC but might not have Maritime Labour Certificate
Question to ask in plenary either during the presentation (if time) or during the Q&A Session after the presentation
What are the exceptions in relation to certain ships where the MLC, 2006 does not apply?
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

10. Structure and How to Use
The Convention is organised into three main parts: the Articles coming first set out the broad principles and obligations;
Followed by detailed Regulations and Code (with two parts: Parts A and B) provisions; and
Regulations, Standards (Part A) and Guidelines (Part B) in the Code are integrated and organised into general areas under five Titles:
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 4: Health protection, medical care, welfare and social security protection.
Title 5: Compliance and enforcement.
Structure and How to Use
The MLC, 2006 starts with a ‘Preamble’ setting out the context in which the Convention was adopted.
The Convention is organised into three main parts:
the Articles coming first set out the broad principles and obligations covering general obligations for the States ratifying the Convention, some fundamental rights and principles and how the Convention works
Followed by detailed Regulations and Code (with two parts: Parts A and B) provisions:
A t t h e 2 n d l e v e l , t h e R e g u l a t i o n s s e t o u t t h e b a s i c r e q u i r e m e n t s c o n c e r n i n g t h e s p e c i f i c c o n d i t i o n s o f w o r k o f s e a f a r e r s a n d h o w t h e s e r e q u i r e m e n t s a r e t o b e e n f o r c e d . T h e r e a r e R e g u l a t i o n s o r g a n i z e d u n d e r 5 T i t l e s .
E a c h R e g u l a t i o n a l s o h a s a “ P u r p o s e ” s e t o u t b e l o w i t s h e a d i n g t o e x p l a i n i n a c l e a r w a y t h e i n t e n t i o n o f t h e R e g u l a t i o n .
T h e b a s i c r e q u i r e m e n t s i n t h e R e g u l a t i o n a r e d e v e l o p e d i n t h e t w o - p a r t C o d e , w h i c h c o n s i s t s o f m a n d a t o r y S t a n d a r d s ( P a r t A ) w h i c h t e l l g o v e r n m e n t s h o w t h e s e r e q u i r e m e n t s i n t h e R e g u l a t i o n s m u s t ( “ s h a l l ” ) b e i m p l e m e n t e d a n d n o n - m a n d a t o r y G u i d e l i n e s ( P a r t   B ) , w h i c h p r o v i d e f u r t h e r g u i d a n c e t o w h i c h g o v e r n m e n t s m u s t g i v e d u e c o n s i d e r a t i o n a s t h e r e c o m m e n d e d w a y o f i m p l e m e n t i n g t h e i r o b l i g a t i o n s .
Regulations, Standards (Part A) and Guidelines (Part B) in the Code are integrated and organised into general areas under five Titles:
Title 1: Minimum requirements for seafarers to work on a ship.
Contains requirements with respect to minimum age, medical certificate, training and qualifications, recruitment and placement
Title 2: Conditions of employment.
Contains requirements with respect to seafarers’ employment agreements, wages, hours of work and hours of rest, entitlement to leave, repatriation, seafarer compensation for the ship’s loss or foundering, manning levels, career and skill development and opportunities for seafarers’ employment
Title 3: Accommodation, recreational facilities, food and catering.
Contains requirements with respect to accommodation and recreational facilities, food and catering.
Title 4: Health protection, medical care, welfare and social security protection.
Contains requirements with respect to medical care on board ship and ashore, shipowners’ liability, health and safety protection and accident prevention, access to shore-based welfare facilities and social security
Title 5: Compliance and enforcement.
Contains requirements with respect to flag state responsibilities, general principles, authorisation of recognised organisations, maritime labour certificate and declaration of maritime labour compliance, inspection and enforcement, on-board complaint procedures, marine casualties, port state responsibilities, inspections in port, on-shore seafarer complaint-handling procedures, labour-supplying responsibilities.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

11. Structure and How to Use/cont…
Example of vertical integration (extracts)
– Regulation 1.2 – Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea. 1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties. …
– Standard A1.2 – Medical certificate 1. The competent authority shall require that, prior to beginning work on a ship, seafarers hold a valid medical certificate attesting ...
– Guideline B1.2 – Medical certificate
Guideline B1.2.1 – International Guidelines 1. The competent authority ... should follow…
Structure and How to Use
In each part there are ‘Regulations’, ‘Standards’ and ‘Guidelines’. The Regulations are general, non-negotiable points of principle. The Standards are referred to as ‘Part A’ and the Guidelines are called ‘Part B’. Part A is mandatory, Part B proposes more detail of how Part A can be put into practice and has to be given due consideration. Together Part A (the standards) and Part B (the guidelines) are called ‘The Code’.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

12. Fundamental Rights and Principles
Each member shall satisfy that the provisions of its law and
regulations respect, in the context of this Convention, the
fundamental rights to:
Freedom of association.
Effective recognition of the right to collective bargaining.
The elimination of all forms of forced or compulsory labour.
The effective abolition of child labour.
Elimination of discrimination in respect of employment and occupation.
Fundamental Rights and Principles
The MLC, 2006 requires all governments to be sure that they have laws and regulations in place that safeguard certain fundamental rights. Each Member shall satisfy itself that the provisions of its law and regulations respect, in the context of this Convention, the fundamental rights to:
The right to freedom of association (the right of seafarers’ to join a trade union of their choice)
Effective recognition of the right to collective bargaining (the right of a union to negotiate a CBA on seafarers’ behalf)
The elimination of all forms of forced or compulsory labour (seafarers’ right to work of their own free will and to be paid for that work)
The effective abolition of child labour.
Elimination of discrimination in respect of employment and occupation (seafarers’ right to be treated in the same way as your fellow seafarers doing the same work regardless of race, religion, nationality, gender, sexual orientation or political views).
In brief, the seafarers have a 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 and social protection such as access to medical care, health protection and welfare.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

13. Seafarers’ Employment and Social Rights
As a bare minimum every seafarer has:
The right to a safe and secure workplace that complies with safety standards.
A right to fair terms of employment.
A right to decent working and living conditions on board ship.
A right to health protection, medical care, welfare measures and other forms of social protection.
Seafarers’ Employment and Social Rights
As a bare minimum every seafarer has:
The right to a safe and secure workplace that complies with safety standards.
A right to fair terms of employment.
A right to decent working and living conditions on board ship.
A right to health protection, medical care, welfare measures and other forms of social protection.
The minimum rights that seafarers have under this Convention are put into place either through national laws, regulations, and collective bargaining agreements or simply through good practice. To make sure they are actually carried out, there is a strong enforcement regime backed by a system of certification.
The rights referred to above are expanded in the requirements of the MLC under four headings:
● Minimum requirements for seafarers to work on a ship
● Conditions of employment
● Accommodation, recreational facilities, food and catering
● Health protection, medical care, welfare and social security protection
Under these headings there are more details of the obligations of States and shipowners to ensure that the seafarers have the same sort of protections afforded to people working ashore, bearing in mind the particular circumstances of life working at sea. This is broadly referred to as seafarers’ rights. If the seafarers rights are not respected there are processes to follow for making complaints. If the problems are serious and repeated or a hazard to your health, safety or security, this can result in the detention of the ship.
Question to ask in plenary either during the presentation (if time) or during the Q&A Session after the presentation
What can you do as union represenatives under the MLC, 2006 to ensure that seafarers’ employment rights are being met?
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

14. Substantial Equivalence
Definition: Any law, regulation, collective agreement or
other measure used by a State to implement the
requirements of the MLC, 2006 that is conducive to the full
achievement of its goals and purpose.
The MLC, 2006 allows for a certain amount of flexibility as to how it is put into practice. If a flag State can prove that its approach is ‘substantially equivalent’ to the MLC’s, 2006 requirement, i.e. it covers the basic principles but in a different way from that set out in the MLC, 2006, this can be acceptable for the Part A requirements in Titles
For Title 5 there can be no substantial equivalence, the measures for compliance and enforcement must be followed according to the MLC.
Substantial Equivalence
Definition: Any law, regulation, collective agreement or other measure used by a State to implement the requirements of the MLC, 2006 that is conducive to the full achievement of its goals and purpose.
The MLC, 2006 allows for a certain amount of flexibility as to how it is put into practice. If a flag State can prove that its approach is ‘substantially equivalent’ to the MLC’s, 2006 requirement, i.e. it covers the basic principles but in a different way from that set out in the MLC, 2006, this can be acceptable for the Part A requirements in Titles
For Title 5 there can be no substantial equivalence, the measures for compliance and enforcement must be followed according to the MLC.
Therefore any law, regulation, collective agreement or other implementing measure shall be considered to be substantially equivalent, in the context of this convention, if the Member state satisfies itself that:
It is conclusive to the full achievement of the general object and purpose of the provision or provisions of Part A of the Code concerned and
It gives effect to the provision or provisions of Part A of the Code concerned.
This concept is partly based on the ILO’s Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). It is also found in IMO Conventions. However it has a specific meaning in the MLC, 2006:
All “substantially equivalent” provisions as well as any exemptions provided for in Title 3 (Accommodation, etc.) must be recorded in Part I of the country’s DMLC.
Task Sheet 1.0: Identify the Special Features of the MLC, 2006
What are the special features of the MLC, 2006 that are relevant to the function of the role of the union representatives including:
The seafarers covered by the MLC, 2006.
The various means by which flexibility is provided for with respect to the implementation of the MLC, 2006.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

15. No More Favourable Treatment
Definition: The concept which prevents ships flying flags of
States that haven’t signed the Convention from having an
unfair advantage over ships flying the flag of States that
have.
Article V establishes the principle of “no more favourable
treatment”, a principle that is also found in the key IMO
conventions:
Essentially it requires a ratifying Member to apply Convention standards to a foreign ship in its ports (if it chooses to inspect the ship), even if the flag State of the ship has not ratified the Convention.
This may provide an incentive for ratification of the Convention and help to secure a level playing field with respect to employment rights.
No More Favourable Treatment
Definition: The concept which prevents ships flying flags of States that haven’t signed the Convention from having an unfair advantage over ships flying the flag of States that have.
Article V establishes the principle of “no more favourable treatment”, a principle that is also found in the key IMO conventions:
Essentially it requires a ratifying Member to apply Convention standards to a foreign ship in its ports (if it chooses to inspect the ship), even if the flag State of the ship has not ratified the Convention.
This may provide an incentive for ratification of the Convention and help to secure a level playing field with respect to employment rights.
Each member shall implement its responsibilities under this Convention in such a way as to ensure that the ships that fly the flag of any State that has not ratified this Convention do not receive more favourable treatment than the ships that fly the flag of any State that has ratified it.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

16. Flag Nation Standards – No Reduction
Recalling article 19 of the Constitution of the International
Labour Organization:
In no case shall the adoption of any Convention or
Recommendation by the Conference or the ratification of
any Convention by any Member be deemed to affect any
law, award, custom or agreement which ensures more
favourable conditions to the workers concerned than those
provided for in the Convention or Recommendation.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

17. Entry into Force
Ratification requirement of a minimum of 30 countries representing at least one third of the world fleet in gross tonnage.
Twelve months after meeting this requirement, the MLC comes into force.
The MLC has been ratified by Liberia, the Marshall Islands, Bahamas, Panama and Norway and many others.
Entry into force can be expected by 2012.
. Ratification requirement of a minimum of 30 countries representing at least one third of the world fleet in gross tonnage.
Twelve months after meeting this requirement, the MLC comes into force.
The MLC has been ratified by Liberia, the Marshall Islands, Bahamas, Panama and Norway and many others.
Entry into force can be expected by 2012 or 2013
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

18. Amendments of the MLC, 2006
Amendment of the Convention (all parts - Articles, Regulations or Code)
– Express ratification procedure.
– New concept called “deemed acceptance” (paragraph 4) for entry into force.
Amendments to the Code
– One of the most important innovations of the MLC allows for the amendment of certain provisions (the Code) through an accelerated amendment or tacit acceptance procedure rather than express ratification.
Amendments of the MLC, 2006
Amendment of the Convention (Article XIV) (all parts - Articles, Regulations or Code)
Sets out the procedures, in the framework of article 19 of the Constitution, for amendment of the Convention as a whole, involving an express ratification procedure
Procedure would build upon existing practice but also be an innovation for the ILO as it adopts a new concept called “deemed acceptance” for entry into force.
The legal effect of amendment procedure will be the same as that of the procedures used in the ILO for the revision or modification of instruments.
There is one important exception: there will be no separate revising Convention or Protocol; there will be a single amended Convention.
The timing of entry into force for the amended Convention for particular Members is complex. It is addressed in paragraphs 4 – 9
Amendments to the Code ( article XV of MLC)
One of the most important innovations of the MLC allows for the amendment of certain provisions (the Code) through an accelerated amendment or tacit acceptance procedure rather than express ratification.
Article XV introduces one of the most important innovations of the new Convention.
Allows for the amendment of certain provisions (the Code) through an accelerated amendment or tacit acceptance procedure rather than express ratification.
Developed to enable easier updating of the more technical details in maritime labour standards, one of the original objectives of the consolidation exercise.
A similar approach to more rapid amendment of the technical parts of a Convention was adopted by the Conference for the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185) and is also found in IMO Conventions, such as SOLAS.
The procedure has been adapted to the special features of the International Labour Organization, in particular, the idea that revision of a Convention is a matter for the Organization as a whole rather than only for the Members that have ratified it.
GENERAL INTRODUCTION – GUIDANCE AND APPLICATION

19. Summary Any Questions? GENERAL INTRODUCTION – GUIDANCE AND APPLICATION