1. MLC Shipowner Training

2. SESSION 2
THE ARTICLES

3. AIM To provide a general familiarity with the Articles of the MLC,2006RP 3

4. Structural overview of the Convention
1st level: Articles
2nd level: Regulations
3rd level: A two-part Code
- Part A: Mandatory Standards
- Part B: Non-mandatory Guidelines
Plus – The explanatory note RP 4

5. 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… RP 5

6. Who or what does the MLC,2006 apply to?
Article II
- Seafarers - all persons working on a ship (to which the Convention applies)
- Ships - all ships, ordinarily engaged in commercial activities except for:
ships exclusively in inland waters, etc;
ships engaged in fishing etc;
warships and ships of traditional build.
- Shipowner - the owner of the ship or another organization or person that has assumed the responsibility for the operation of the ship, e.g. manager, agent, bareboat charterer RP 6

7. Flexibilities under the MLC,2006
Part B of the code.
Substantial equivalence.
Exemptions.
In the event of doubt - seafarers or ships RP 7

8. Seafarers’ rights – fundamental rights and principles
Article III
- freedom of association and collective bargaining;
- elimination of forced labour;
- effective abolition of child labour;
- elimination of discrimination in respect of employment and occupation. RP 8

9. Seafarers’ rights – employment and social rights
Article IV
- a safe and secure
workplace
- fair terms of employment
- decent working and living
conditions on board health
protection, medical care social protection RP 9

10. Implementation and enforcement
Article V
- Three kinds of international responsibilities:
1. Flag State (Title 5, Regulation 5.1)
2. Port State (Title 5, Regulation 5.2)
3. Labour Supply (Title 5, Regulation ) RP 10

11. Entry into force Article VIII Initial entry into force;
Entry into force for each Member State. RP 11

12. Keeping the Convention up to date
Article XIII
Special Tripartite Committee
Accelerated amendment procedure
Filling a gap in tripartite consultation RP 12

13. Any questions???