The International Labour Organisation (ILO) and Maritime Labour Convention :

Founded - 1919 Treaty of Versailles and 1946 first Specialised Agency

The International Labour Organisation (ILO) is the UN agency that sets internationally recognised labour
standards to protect the rights of workers.The ILO is made up of a social partnership of governments,
employers and trade unions.
What is the ILO?
- labour is not a commodity;
- freedom of expression and of association are essential to sustained progress;
- poverty anywhere constitutes a danger to prosperity everywhere;
Declaration of Philadelphia
- all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being
and their spiritual development in conditions of freedom and dignity, economic security and equal
opportunity
ILO Ensures working and living standards through Conventions & Recommendations
for seafarers: health & welfare, ships articles, repatriation, food & catering, working hours, etc .
Principle Areas covered by the International Labour Convention are
conditions for admission to employment, for example, minimum age;
compulsory medical examination prior to employment;
repatriation of seafarers at the end of employment;
entitlement to social security benefits;
standards for vocational training and welfare facilities;
measures to prevent occupational accidents on board, and investigation procedures for such accidents;
minimum standards for food, catering and accommodation.
What does the ILO do?
The ILO sets international labour standards through key international agreements:
Declaration of Fundamental Rights at Work (1998) enshrines the right of workers to organise and bargain
effectively, as well as freedom from discrimination and other basic employment rights

Eight core ILO Conventions cover the fundamental rights expressed in the Declaration. These
Conventions cover:
- Forced labour
- Freedom of association and protection of the right to organise
- Right to organise and collective bargaining
- Equal remuneration
- Abolition of forced labour

- Discrimination (employment and occupation)

- Minimum age
- Elimination of the worst forms of child labour
Major achievements of the ILO over the past few years include the adoption of the Maritime Labour
Convention, 2006, and the Work in Fishing Convention.
The ILO is the international organization responsible for drawing up and overseeing international labour
standards. It is the only 'tripartite' United Nations agency that brings together representatives of
governments, employers and workers to jointly shape policies and programmes promoting Decent Work for
all. This unique arrangement gives the ILO an edge in incorporating 'real world' knowledge about
employment and work.
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 aims to achieve both decent work for seafarers
and secure economic interests in fair competition for quality shipowners. As an estimated 90% of world trade
is carried on ships seafarers are essential to international trade and the international economic and trade
system. The new labour standard consolidates and updates more than 68 international labour standards
related to the Maritime sector adopted over the last 80 years.
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 Organization (IMO).
The decision by the ILO to move forward to create this major new Maritime Labour Convention was the result
of a joint resolution in 2001 by the international seafarers and ship owners organizations, also supported by
governments. They pointed out that the shipping industry is the worlds first genuinely global industry
which requires an international regulatory response of an appropriate kind global standards applicable to
the entire industry.
Why did the ILO decide to develop a new Convention?
Greater awareness of the unacceptable impact of sub-standard shipping
Australias Ships of Shame report (1992)
Sinking ships and loss of human life
In 1990, 149 ships with 807 lost lives
In 1994, 118 ships with 1478 lost lives
Marine pollution
Ships are sub-standard when living conditions on board are hazardous to health and safety of the crew (even
if the vessel is otherwise seaworthy )

The Maritme Labour Convention 2006 (MLC 2006)

The International Labour Organisation (ILO) has adopted the Maritime Labour Convention 2006 (MLC 2006).
A Maritime Labour Certificate (MLC) and a Declaration of Maritime Labour Compliance (DMLC) will be
required to ensure compliance with the Convention for all ships above 500 tons in international trade.
The MLC 2006 will enter into force one year after 30 countries with a minimum of 33% of the world tonnage
have ratified it. It is expected that the MLC 2006 will enter into force in December 2011 based upon EU's
planned ratifications before 31 December 2010.

The objective in accordance with the Maritime Labour Convention 2006 (not entered into force yet), to certify
the working and living condition of all ships over 500 GT in international trade.
The Flag State will remain fully responsible implementing and enforcing the Convention through national
measures, but may delegate inspection and certification to recognised organisations (RO).
The MLC certification process will be similar to ISM and ISPS for ships, and the certificate will have 5 years
validity and the process will include interim, initial and intermediate inspections.

Applicability and Inspections

MLC 2006 certificates are required for all ships of:

500 gross tonnage or over, engaged in international voyages; and
500 gross tonnage or over, flying the flag of a Member (ratifying country) and operating from a port, or
between ports, in another country.

Ships from non -ratifying states shall be met by the No more favourable treatment ensuring inspections for
compliance on such ships.

Inspection will be carried out for:

1. Ships where Maritime Labour Certificate (MLC) are required, i.e. above 500 gross tonnage engaged in
international voyages or flying the flag of a Member and operating from a port, or between ports, in another
country.

2. Ships where inspection are required, but not MLC, i.e. ships below 500 gross tonnage that flying the flag of a
Member.
3. Ships from non ratifying states and where the ship owner wants inspection/MLC.

The matters that must be inspected and found to meet national laws and regulations or other measures
implementing the requirements of the Convention before a MLC can be issued are:

1. Minimum age
2. Medical certification
3. Qualifications of seafarers
4. Seafarers employment agreements
5. Use of any licensed or certified or regulated private recruitment and placement service
6. Hours of work or rest
7. Manning levels for the ship
8. Accommodation
9. On-board recreational facilities
10. Food and catering
11. Health and safety and accident prevention
12. On-board medical care
13. On-board complaint procedures
14. Payment of wages

The Maritime Labour Certification is the responsibility of the flag state administration and the Classification
societies will most probably be authorized by most major flag State Administrations for MLC.

Advantages of the Maritime Labour Convention, 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

For Governments

Simplification of reporting obligations (One Convention rather than many)

Wider powers of enforcement on all ships
Improved quality of shipping services
Improved protection of the environment
Additional flexibility with firmness of rights and flexible as how to implement, making the Convention
easier to ratify and implement
Certification system mandatory only for ships over 500 GT
Protection against unfair competition from substandard ships through No more favourable
treatment for ships of non-ratifying countries
Implementation of mandatory requirements through measures that are substantially equivalent,
except for Part V
Advantages given to ships of ratifying countries

For Ship owners

A more level playing field to help ensure fair competition and to marginalize substandard operations
Will benefit from a system of certification, including a certification system possible for ships less than
500 GT, if the Ship owner so requests
A more socially responsible shipping industry
A better protected and more efficient workforce
Help ensure that ships are operated safely and securely with few problems and few delays in ports
New Convention contains minimum standards that are well within the current industry practice and
should easily be met by most ship owners

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 of 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 ship owner with overall responsibility, for the purposes of this
Convention

The last interesting issue is on the STCW vs ILO MLC hours of rest and Hours of work issue. Many think that by
keeping records for both makes things easier, especially on a PSC Examination. Lets see if this makes sense :
ILO MLC rules on record keeping that every seafarer hous of rest /work should comply with the rule:
(a)

maximum hours of work shall not exceed:

(i)

14 hours in any 24-hour period; and

(ii)

72 hours in any seven-day period; or

(b)

minimum hours of rest shall not be less than:

(i)

ten hours in any 24-hour period; and

(ii)

77 hours in any seven-day period.

As you are well aware of IMO has amended the "fitness for duty - hours of rest" requirements to provide
watchkeeping officers aboard ships with sufficient rest periods at the Diplomatic Conference to adopt
amendments to the STCW Convention, (successfully completed in Manila on 25 June 2010 ).
Under the Manila Amendments to the STCW Convention, in full implementations since 1.1.2012 all persons
who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose
duties involve designated safety, prevention of pollution and security duties (including Masters and catering
staff NOT affected by previous regulation referring ONLY to those with watch duties) shall be provided with a
rest period of not less than:
1.a minimum of 10 hours of rest in any 24-hour period; and
2.77 hours in any 7-day period.
Minimum restrictions include that the Hours of rest:
May be divided into no more than two periods, one of which shall be at least 6 hours in length, and the
intervals between consecutive periods of rest shall not exceed 14 hours.
Schedule need not be maintained in the case of an emergency or in other overriding operational conditions.
Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by
international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and
does not induce fatigue.
An interesting and most useful bit in the new regulation is that it provides for the MASTER'S OVERRIDING
AUTHORITY (A-VIII/1, para 8) stating that " Nothing shall be deemed to impair the right of the master of a ship
to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on
board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Accordingly,
the master may suspend the schedule of hours of rest and require a seafarer to perform any hours of work
necessary until the normal situation has been restored. As soon as practicable after the normal situation has
been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest
period are provided with an adequate period of rest."

Obviously when a Master is exercising such an authority a relevant entry should be made in the ship's log book
to avoid future implications on a possible inspection of rest hours.
The most controversial issue however in the new regulation is the exemptions provision (A-VIII/1, para 9),
stating "Parties may allow exceptions" in two cases :
Case 1
Hours of rest may be minimised to 70 hours in any 7-day period, provided that exceptions from the weekly
rest period shall not be allowed for more than two consecutive weeks. The intervals between two periods of
exceptions on board shall not be less than twice the duration of the exception.
Case 2
Hours of rest may be split into no more than three periods, one of which shall be at least 6 hours in length
and neither of the other two periods shall be less than one hour in length, provided that the intervals between
consecutive periods of rest shall not exceed 14 hours and that the exceptions shall not extend beyond two 24hour periods in any 7-day period.

Here some additional clarifications may be required by the IMO to be honest.

What does the "Parties may allow exceptions" means in real life ? In case IMO would like to provide an
exception the text for the regulation should read "Exceptions may be allowed ...". Here the "parties may
allow" shoud read "Flags may allow .." indicating some form of written allowance through some sort of
national legislation, a circular or something similar as indicated by STCW Part B-VIII/1 . The case may be more
complicated in the CASE OF A Flag strictly requiring 77 hours of rest in any 7-day period allowing NO
exemptions (e.g. Marshall Islands).
How is a vessel eligible to these exemptions? Normally an entry into official ship's log should be enough to
cover any sort of problem against a Port State Control examination.
How exactly is this going to work especially on the 77 or 70 hours in any 7-day period? Lets assume that a
seafarer has a 10 hours of rest per day (this is an absolute minimum, it cannot be minimised further) for the
last 7 days in the preceding 15 days . The Master makes an entry into log book for an exemption (70 days rest
on any 7 day period) from day 8 to day 14 (a total of 7 days). The exemption will work fine up to the end
period (on day 14). During this period a 70 hours rest on any 7 day period are being provided and this may be
OK up to day 14. On day 15 however the rule fails and at that day the Seafarer has to comply with the 77 day
on any 7 day period (days 7 to and including day 15) so on day 15 the seafarer has to take rest for 10+7 = 17
hours. Does this makes sense ? Not sure, unless you apply some sort of math trick!

Lets see the arithmetic's on a daily basis : Daily 24 hours minus MIN 10 hours of rest minus MAX 14 hours of
work leaves a balance of ZERO (0) hours. This is OK
Now lets see the weekly figures : Weekly 7x24= 168 hours minus MIN 77 hours of rest minus MAX 72 hours of
work leaves a balance of NINETEEN (19) hours. This is AMAZING !!!!

It may mean in the case that you are recording hours of work ONLY that you are providing the crew with a
period of rest of 96 hours (7x24= 168 - 72 = 96 hours !) Do you think this is true in many cases on an ocean
going vessel which is for sure undermanned even in the case of 20-25 persons crew?
The obvious result from the above is that in case you need to fully comply with BOTH STCW and MLC plus
minimising the liability of false record keeping you need to keep records of hours of rest ONLY !
STCW Regulation needs advance maths especially with the new rules plus a background check that any crew
rest hours software used is tuned with the above requirements.
So what you need to ask is : Have you done your math lesson ?