3. Table of
Content
Introduction
1.Right to has minimum requirements
for seafarers to work on a ship
2.Right to have proper conditions of
employment
3.Accommodation, Recreational
Facilities, Food and Catering
4.Health Protection, Medical Care,
Welfare and Social Security
Protection
5.Compliance and Enforcement
Conclusion
4. INTRODUCTION
International Labour Organization
- Set minimum standards that should be a right
for every worker, all over the world.
- Established since 1919 onward
- In 2006, there is one special convention was
established called Maritime Labour
Convention that sets out seafarers' rights.
6. 1. Minimum Age
- Can't employed >16 years old
- Night work is prohibited for worker >18 years
old
1. Medical Certificate
- Should be medically fit for the duties.
- Must have a valid medical certificate that
prove they are medically fit
- Normal medical certificate valid for 2 years. For
worker >18 years old, valid for 1 year.
- Each medical certificate must have hearing &
sight concern.
- Certificate for colour vision shall valid for a max
period of 6 years.
7. 3. Training and qualifications
- Ensure the seafarers are trained or qualified to
carry out their duties on board ship.
- In MLC, the seafarer mandatory to have
training and have certified certificate.
- Seafarers don't have permit to work on a ship
unless they successfully completed training.
4. Recruitment and placement
- To ensure that seafarers have well-regulated
seafarer recruitment and placement system.
- Members should have proper placement
procedures, registration, complaint procedures
and compensation if the recruitment fails.
8. 2. Right to have
proper conditions
of employment
9. 1. Seafarer’s Employment Agreement
- must have fair employment agreement.
- contract should be clear and legally
enforceable.
- seafarers must agree with the agreement-
need to sign by both the seafarer and the
shipowner.
1. Wages
- Seafarer has right to have their monthly wages
payment.
- Able to transmit their earning to their families.
3. Hours of work and hours of rest
- Max hours work per day is >14 hours and 10
hours rest.
- Young seafarer,max working hours >8 hours
per day.
- Adequate time for meal.
10. 4. Entitlement to leave
- Member shall adopt laws and regulations
determining the minimum standards for annual
leave for seafarers serving on ships that fly its
flag.
5. Repartrition
- To ensure seafarer able to return home.
- Seafarer eligible to repatriate if employee’s
agreement expires while they abroad and
when they no longer able to carry their duties
in employment agreement.
6. Seafarer compensation for the ship’s loss or
foundering
- Has right to have compensation in case of
injury during ship loss and unemployment from
such a loss.
11. 7. Manning level
- Shipowner must ensure that the ship have
adequate number of seafarer to operate
safely and efficiently
8. Career and skill development and
opportunities for seafarers’ employment
- Each Member shall have national policies
to promote employment in the maritime
sector.
- To encourage career and skill development
and greater employment opportunities for
seafarers
13. 3.1 Accommodation and recreational
facilities
- Ensure that seafarers has decent
accommodation and recreational facilities
on board such as:
3.2 The size of rooms and other
accommodation spaces
- According to SOLAS Convention, location of
sleeping rooms shall be situated above the
load line amidships or aft.
3.3 Heating and ventilation
- The system of ventilation for sleeping rooms
should be controlled.
14. 3.4 Noise and vibration and other ambient
factors
- The location of the accommodation and
recreational and catering facilities should be
located as far as practicable from the engines,
steering gear rooms, deck winches, ventilation,
heating and air-conditioning equipment
3.5 Sanitary facilities
- All toilets should be provided with an
ample flush of water.
- Laundry facilities provided for seafarers
such as:
(a) washing machines
(b) drying machines or adequately heated and
ventilated drying rooms
(c) irons and ironing boards
15. 3.6 Lighting
- Proper electric light should be provided.
- Electric reading lamp should be installed
at the head of each berth
3.7 Hospital accommodation
- Proper first aid must be provided to
prevent the spread of infectious diseases.
16. 3.8 Food and catering
- Ensure that seafarers have access to good
quality food and drinking water.
- Competent authority should collect up-to-
date information on nutrition.
- The seafarers who are engaged as ships’
cooks are trained, qualified and found
competent for the position.
- No seafarer under age of 18 years old to
work as ship’s cook.
18. 4.1 Medical care onboard ship
- To protect health of seafarers and ensure their
prompt access to medical care onboard ship.
- Each member shall ensure that measure providing
the health protection and medical care.
- Each Member shall adopt laws and regulations
establishing requirements for on-board hospital.
4.2 Shipowner Liability
- To ensure that seafarers are protected from the
financial consequences of sickness, injury or
death with their employment.
- Shipowner liable to pay full wages as long as the
sick or injured seafarers remain on board.
Shipowner exclude liable from shipowner liability
when the injury is incurred not in the service of the
ship.
19. 4.3 Health and safety protection and accident
prevention
- To promote the seafarers’ work environment
on board ships promotes occupational safety
and health.
- Competent authorities must ensure that the
national guidelines for OSHA address the
following matters.
1. fire prevention and fire-fighting
2. dangerous cargo and ballast
3. personal protective equipment for seafarers
4. work in enclosed spaces
5. physical and mental effects of fatigue
6. the effects of drug and alcohol dependency
7. HIV/AIDS protection and prevention
20. 4.4 Access to shore-based welfare
facilities
- Each Member shall require where welfare
facilities exist on its territory.
- Member states also consider the safety of
the seafarers at the foreign port.
- Seafarers who are detained in a foreign port
should be dealt promptly due to process of
law.
4.5 Social security
- To ensure that measures are taken with a
view to providing seafarers with access to
social security protection.
- Member shall ensure that seafarers are
subject to its social security legislation,
22. Compliance and argument.
To specify the Member’s responsibility during
implement the principles and rights set out in
the Articles of this Convention.
1. Flag state responsibilities
- Implementation of the rules on the ships
that fly its flag
- Establish proper system ensure the
adequacy of work performed
- Must maintain a maritime labour
certificate certifying the working and living
conditions of seafarers on the ship
23. 2. Port state responsibilities
- The inspection in ports depends on whether a
Certificate of Maritime Compliance is present.
- If the Certificate is present, compliance is to be
assumed in principle.
3. Labour Agencies
- Agencies supplying on maritime workers to
ships should also be inspected to ensure that
they apply the convention.
- Each Member shall establish an effective
inspection and monitoring system for
enforcing its labour-supplying responsibilities
24. CONCLUSION
MLO is the fourth pillar of international maritime law include SOLAS,
MARPOL and STCW
The aim of the MLC was to achieve standardisation of seafarers’ rights.
Many seafarer believe that the convention can be amend again in term of :
1. seafarers right in ships which navigate exclusively in inland/sheltered
waters.
2. Ships engaged in fishing.
3. Ship that traditionally build.
