The Maritime Labour Convention (MLC) is an international convention from the ILO (International Labour Organisation).
It came into force in August 2013, will full implementation by UK ships by August 2014 under the Merchant Shipping (Maritime Labour Convention) act 2014.
Relevant documents and M-notices: MGN 470 acts as an index for all m-notices relating to the MLC.
Who does it apply to?
All seafarers internationally on vessels over 500GT
UK seafarers regardless of tonnage of vessel
The Maritime Labour Certificate (MLC) is subject to port state inspection, requires compulsory declarations by flag and the owner and requires a MLC to be issued by the flag state.
While no MLC is needed for vessels <500GT, the MCA have laid out substantial equivalent standards that these vessels must follow.
What are the latest changes to the MLC? (Updated 2nd November 2024)
The 2022 amendments are the latest changes to the MLC. MIN 714 and its annex A lay out the changes to UK legislation. These will be in effect from 23rd December 2024:
Recruitment and placement services must provide seafarers with adequate information about the system of protection to cover monetary loss if employer or RPS does not meet their obligations (repatriation etc.)
Accommodation and recreational facilities to include ‘social connectivity’. This would mandate access to social communications for seafarers; email, messaging apps etc.
Food and catering requirements will be amended to include the word ‘balanced’ with regards to diet. In the UK this is interpreted as a mixed diet of carbohydrates, protein, fat, fibre, vitamins and minerals.
The certificate of financial security must now list either the name of the shipowner, or of the registered owner if different from the shipowner.
The MCA make and enforce legislation on behalf of the UK government. They have three primary obligations as the controlling agency:
Create legislation under the MLC for ships and seafarers, and for recruitment agencies.
Survey UK flagged vessels and issue MLCs for vessels 500GT+, as well as acting as port state control for foreign flagged vessels and upholding UK legislation on vessels in UK waters.
Make and receive compulsory declarations on implementation
What does the MLC mean for seafarers?
The basic rights of the seafarer:
A safe working environment (The MS (Health and Safety) regs 1997 as amended are now, in part, enacting this part of the MLC)
Fair terms of employment
Good working and living conditions
Basic health and social security (this gives rise to the two insurance policies that owners/operators must have in place)
A ‘seafarer’ is defined in UK legislation as any person, including a master, who is employed or engaged in works in any capacity onboard a ship and whos normal place of work is on a ship (MGN 471).
So, who is not a seafarer?
Surveyors
Pilots
Superintendents
Visiting technical consultants a
A passenger who answers some business e-mails while on holiday on board
A singer performing for two nights on a cruise ship
The five titles of the MLC. Know these by heart, this is a common question.
Minimum requirements for a seafarer to work on ship
Conditions of employment
Accommodation, recreational facilities, food and catering
Health protection, medical care, welfare and social security protection
Compliance and enforcement - on board complaint procedures
What is inspected by the flag state prior to issuing a MLC?
For the process of applying for/issuing a MLC, see below.
There are 14 items that must be inspected prior to ths issue of a MLC by the flag state; these are specified in appendix A5-1 to the MLC 2006:
Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of any licensed or certified or regulated private recruitment and placement service
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages
Young seafarers
For young seafarers (16-18) there are certain additional rules:
ENG1 valid for only one year
Different hours of work and rest (see below article)
Additional risk assessments required
No exposure to high noise, vibration, certain chemicals, extremes of heat/cold, enclosed space work etc.
A seperate crew list kept
Master considered to be in loco parentis
Medical certification
On UK flagged vessels this means the ENG1. These are normally valid for 2 years, or 1 year for young seafarers. They can be valid for 6 months, or even less, if a doctor feels this is appropriate. Occasionally ENG1s will have provisions attached to them, for example no lookout duties.
Qualifications of seafarers
There is overlap here with the STCW convention. In general, know that all seafarers must have the following certificates:
Personal Survival Training*
Fire Fighting And Prevention*
Personal Safety and Social Responsibility
Emergency First Aid
Fast Rescue Boat* (if there is a fast rescue boat onboard and if the crewmember is a designated member of the FRB crew)
In addition, officers must hold:
Advanced Fire Fighting*
Proficiency in Survival Craft and Rescue Boats*
Certificates marked with a * are subject to 5-yearly refresher training. When asked a question about checking a new crewmembers certificates,m these are the certificates that the examiner wants to hear about, along with…
The Seafarers Employment Agreement
Formerly this was known as the crew agreement. The crewmember must have a signed copy; this may be in digital form provided it is readily accessible. These must include certain conditions to be deemed valid under the MLC; for example, the minimum notice period is always 7 days and the notice required from a seafarer cannot be less than that required from the employer. For more information, consult MGN 477. Seafarers Employment Agreements are subject to the laws of the port state and of the place where they were entered into.
Recruitment and placement agencies
MGN 475 covers manning agencies, recruiters etc. and lays out the measures taken to stamp out unsavoury and predatory practices in this industry, including charging for placements. Recruitment agencies must hold a MLC 2006 Certificate of Conformity.
Manning levels
Manning levels are the responsibility of the owner/operator and are applied for at the construction phase. Vessels over 500GT must hold a Safe Manning Document. The process of applying for this is laid out in this article.
Accommodation
The rules for accommodation centre around sleeping areas, and contain stipulations regarding:
Natural light (note that this is waived for crew accommodation on cruise ships)
Minimum bunk size
Noise and vibration levels
Clean bedding
Personal storage
Minimum area
Above the summer loadline mark and aft of the collision bulkhead
There are additional requirements for shared cabins, especially if crew are on different shifts
Recreational facilities
‘A properly furnished space’ is to be provided, with activities available including games and audio/visual equipment. Note that in December 2024 regulations will come in regarding provision of internet.
Food and catering
MSN 1845 lays out the general requirements (including for fresh water):
Adequate, varied and nutritious meals prepared and served in hygienic conditions
Account to be taken of religious requirements, allergies and cultural practices
Training requirements for galley staff
Inspections (weekly, recorded in the Official Log Book) required of food and catering facilities
Health and Safety and Accident Prevention
This is covered in a seperate article, liked here once published.
On-board medical care
Each seafarer has a right to medical care and health surveillance.
Onboard hospital facilities
If 100 persons onboard, a doctor
If Dangerous Goods are carried, a copy of the Medical First Aid Guide
Care continues ashore at cost to the owner
Proof of shipowners liability insurance for medical costs is checked by flag
Proof of shipowners liability insurance for death in service is checked by flag
The other insurance that is checked prior to issue of a Maritime Labour Certificate by flag is for civil liability to cover repatriation of seafarers if the shipowner goes bankrupt or the vessel is lost.
Onboard complaints procedure
There must be a procedure in place, with details made available to the crew
This must be referred to in the Seafarer Employment Agreement
All complaints must be recorded, and resolved in a timely fashion
Payment of wages
The MLC requires payment of wages to be legislated for by individual flag states.
No unauthorised deductions
Paid within 31 days of the SEA being agreed
Seafarers may allot money to be sent home
Seafarers given regular statements of amounts paid
All complaints regarding wages are investigated by the flag state
MCAQs
Who does the MLC apply to?
What is the process for applying for a Maritime Labour Certificate? (see linked article)
What are the 14 items that the flag state must check prior to the issue of a MLC?
What proof of insurance must the flag state see prior to issuing a MLC?
Explain the provisions for young persons under the MLC?
What qualifications fo seafarers need prior to working on ship?
How is a seafarer? Give three examples of people who work on ships but are not considered seafarers under the MLC.