This topic discuss about the right of seafarers under International Labor Organization Convention include the minimum age requirement, right to have proper working condition, accommodation, medical care, and legal compliance.

1. SEAMANSHIP:
THE RIGHT OF SEAFARERS UNDER ILO CONVENTION
Submitted by
Muhammad Hakim Khadri, 56212115014
Muhammad Hifzhan bin Abd Halim Zaki 56212115060
Augustine Aling anak Nabi. 56212115078
under the guidelines
of
Mr. Parid Bin Abdul
Universiti Kuala Lumpur, Malaysian Institute of Marine Engineering Technology

2. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
TABLE OF CONTENTS
Introduction 2
1. Right to has minimum requirements for seafarers to work on a ship 2
1.1 Minimum Age 2
1.2 Medical certificate 2
1.3 Training and qualifications 3
1.4 Recruitment and placement 3
2. Right to have proper conditions of employment 3
2.1 Seafarer’s Employment Agreement 3
2.2 Wages 3
2.3 Hours of work and hours of rest 3
2.4 Entitlement to leave 4
2.5 Repartition 4
2.6 Seafarer compensation for the ship’s loss or foundering 4
2.7 Manning level 4
2.8 Career and skill development and opportunities for seafarers’ employment 4
3. Accommodation, Recreational Facilities, Food and Catering 4
3.1 Accommodation and recreational facilities 4
3.2 Food and catering 5
4. Health Protection, Medical Care, Welfare and Social Security Protection 6
4.1 Medical care onboard ship 6
4.2 Shipowner Liability 7
4.3 Health and safety protection and accident prevention 7
4.4 Access to shore-based welfare facilities 8
4.5 Social security 8
5. Compliance and Enforcement 9
5.1 Flag state responsibilities 9
5.2 Port State responsibilities 9
5.3 Labour Agencies 10
Conclusion 10
REFERENCES 11
1

3. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
Introduction
International Labour Standard (ILO) Convention is a set minimum standards that should be a
right for every worker, all over the world. The convention was established since 1919. The purpose of
this convention basically to promote the opportunities for women and men have right in conditions of
freedom, equity, security and dignity. Since 1920 onwards, the convention adopted a series standards
pertaining the seafarer condition. In 2006, there is one special convention was established called
Maritime Labour Convention that sets out seafarers' rights to decent conditions of work. The Maritime
Labour Convention (MLC) is an ILO ​convention​. It is sometimes called the seafarers' Bill of Rights.
The convention entered into force on 20 August 2013. The Convention sets the minimum requirements
for seafarers to work on a ship, conditions of employment, accommodation include recreational
facilities, food and catering, health protection include medical care, welfare, social security protection
and compliance and enforcement. The right of seafarer include the rights as a seafarer, human being
and worker. In this assignment, our group will discuss about the right of seafarer in detail.
1. Right to has minimum requirements for seafarers to work on a ship
1.1 Minimum Age
There are no person can be employed as a worker which lower than 16 years old. For working
in hazardous area, the minimum age for the worker is 18 years old. Night work of seafarers under the
age of 18 shall be prohibited.
1.2 Medical certificate
Workers should be medically fit for the duties they are performing. An examples, the seafarers
must have a valid medical certificate that prove they are medically fit to perform their duties. Each
medical certificate must have hearing and sight of the seafarer concerned, and the colour vision in the
case of a seafarer to be performed task that affected by defective colour vision.
For normal medical certificate, the validity shall be maximum two years. For seafarer under 18
years old, the maximum period of validity shall be one year. A certification of colour vision shall be
valid for a maximum period of six years.
For urgent case, the competent authority may permit a seafarer to work without a valid medical
certificate until the next port. Seafarer can obtain a medical certificate from a qualified medical
practitioner, provided that:
(a) The permission period does not exceed three months.
(b) The seafarer must concerned the recent date of the medical certificate.
2

4. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
1.3 Training and qualifications
The purpose of training is to ensure the seafarers are trained or qualified to carry out their
duties on board ship. Seafarers shall not work on a ship unless they are trained or certified as
competent. The seafarers did not have permit to work on a ship unless they have successfully
completed training.
In Maritime Labour Convention, the seafarer mandatory to have training and have certified
certificate.
1.4 Recruitment and placement
The purpose of recruitment and selection is to ensure that seafarers have access to an efficient
and well-regulated seafarer recruitment and placement system.
The member states or for ships flying the flag of member states should have (amongst others)
proper placement procedures, registration, complaint procedures and compensation if the recruitment
fails. An examples, the member states which privately recruit seafarer must ensure they provide a
standardized system of licensing or certification or other form of regulation.
Not only that, for public seafarer recruitment and placement services should address the
medical examinations, seafarers’ identity documents and such other items as may be required for the
seafarer to gain employment.
Complete records of the seafarers covered by their recruitment and placement system that
include the the seafarers’ qualifications, record of employment, personal data relevant to employment
and medical data relevant to employment.
2. Right to have proper conditions of employment
2.1 Seafarer’s Employment Agreement
Seafarers must have a fair employment agreement. The contract should be clear and legally
enforceable. An examples, seafarers must agree with the agreement that need to sign by both party (by
both the seafarer and the shipowner or a representative of the shipowner.
2.2 Wages
The seafarers has right to have their monthly wages payment. The shipowner should prepare a
measures whereby the seafarers able to transmit their earning to their families.
2.3 Hours of work and hours of rest
Maximum hours for work in any 24 hours is shall not exceed 14 hours. Minimum hours for rest
is 10 hours in any 24 hours. For young seafarer, the working hours shall not exceed 8 hours per day.
Adequate time for meal and a break at least for one hour for the main meal hour per day.
3

5. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
2.4 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, taking proper account of the special needs of seafarers
with respect to such leave.
2.5 Repartition
To ensure seafarer able to return home. Members of Maritime Labour Convention (MLC)
should ensure that 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.
2.6 Seafarer compensation for the ship’s loss or foundering
Seafarer has right to have compensation in case of injury during ship loss or unemployment
from such a loss. The shipowner need to pay to each seafarer on board an indemnity against
employment.
2.7 Manning level
The shipowner must ensure that the ship have adequate number of seafarer to operate safely
and efficiently. It is must equivalent to the minimum safe manning document.
2.8 Career and skill development and opportunities for seafarers’ employment
Each Member shall have national policies to promote employment in the maritime sector and
to encourage career and skill development and greater employment opportunities for seafarers. An
examples, Malaysia has The Ministry of Transport that provide maritime sector with competent
workforce.
3. Accommodation, Recreational Facilities, Food and Catering
3.1 Accommodation and recreational facilities
This regulation exist to ensure that seafarers has decent accommodation and recreational
facilities on board. The competent authority should focus on:
1. The size of rooms and other accommodation spaces
With respect to general requirement for accommodation and recreational facilities, there shall
be adequate headroom in all seafarer accommodation. According to SOLAS Convention,in ship other
than passenger ship, the location of sleeping rooms shall be situated above the load line amidships or
aft.
2. Heating and ventilation
In passenger ships, for the location of sleeping rooms below the load line should have proper
lighting and ventilation system. There will be no direct openings into sleeping rooms from cargo and
4

6. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
machinery spaces or from galleys, storerooms, drying rooms or communal sanitary areas. Not only
that, separate sleeping rooms shall be provided for men and for women. The system of ventilation for
sleeping rooms and mess rooms should be controlled so as to maintain the air in a satisfactory
condition and to ensure a sufficiency of air movement in all conditions of weather and climate
3. 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 and other noisy machinery and apparatus. Besides, the soundproof
centralized control rooms for engine-room personnel should be provided. The working space such as
the machine shop should be insulated and proper measures should be taken to reduce noise in the
operation.
4. Sanitary facilities
All sanitary spaces shall have ventilation to the open air, independently of any other part of the
accommodation. All toilets should be provided with an ample flush of water or with some other
suitable flushing means. Toilets should be situated separate from other room without direct access
from the sleeping rooms. Not only that, 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
5. Lighting
In all type of ships, the proper electric light should be provided as a seafarer accommodation.
In sleeping rooms an electric reading lamp should be installed at the head of each berth.
6. Hospital accommodation
For hospital accommodation, proper first aid must be provided to prevent the spread of
infectious diseases. Besides, the sanitary accommodation must be located in close proximity such as
bathroom and toilets.
3.2 Food and catering
The purpose of this regulation is to ensure that seafarers have access to good quality food and
drinking water.
The competent authority should collect up-to-date information on nutrition and on methods of
purchasing, storing, preserving, cooking and serving food, with special reference to the requirements
of catering on board a ship.
5

7. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
Shipowner should ensure that the seafarers who are engaged as ships’ cooks are trained,
qualified and found competent for the position. An examples, the ship’s cooks certificate must
certified and recognise by competent authority. Furthermore, ship’s cook must passed equivalent
examination at an approved training course for cooks.
Shipowner also should ensure there is no seafarer under age of 18 years old to work as ship’s
cook.
4. Health Protection, Medical Care, Welfare and Social Security Protection
Purpose of the health protection, medical care, welfare and social security protection to protect
health of seafarers and ensure their prompt access to medical care onboard ship.
4.1 Medical care onboard ship
a. Each member shall ensure that measure providing the health protection and medical
care, including essential dental care, for seafarer working on board ship that flies its
flag are:
i. Ensure the application of seafarer of any general provision on occupational
health protection and medical care relevant to their duties, as well as of special
provision specific to work on board ship.
ii. Ensure that seafarers are given health protection and medical care as
comparable as possible to that which is generally available worker on board,
including prompt access to the necessary medicines, medical equipment and
facilities for diagnosis and treatments and to medical information and expertise
iii. Give seafarers the right to visit a qualified medical doctor without delay in port
of call, where predictable.
b. The competent authority shall adopt a standard medical report form for use by the
ships’ masters and relevant onshore and onboard medical personnel. The form, when
completed, and its contents shall be kept confidential and shall only be used to facilitate
the treatment of seafarers.
c. Each Member shall adopt laws and regulations establishing requirements for on-board
hospital and medical care facilities and equipment and training on ships that fly its flag.
d. National laws and regulations shall as a minimum provide for the following
requirements:
i. all ships shall carry a medicine chest, medical equipment and a medical guide,
the specifics of which shall be prescribed and subject to regular inspection by
the competent authority; the national requirements shall take into account the
6

8. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
type of ship, the number of persons on board and the nature, destination and
duration of voyages and relevant national and international recommended
medical standards;
ii. Ships carrying 100 or more persons and ordinarily engaged on international
voyages of more than three days’ duration shall carry a qualified medical doctor
who is responsible for providing medical care; national laws or regulations shall
also specify which other ships shall be required to carry a medical doctor, taking
into account, inter alia, such factors as the duration, nature and conditions of the
voyage and the number of seafarers on board.
4.2 Shipowner Liability
Shipowner Liability is to ensure that seafarers are protected from the financial consequences
of sickness, injury or death occurring in connection with their employment.
Shipowner liable to pay full wages as long as the sick or injured seafarers remain on board or
until the seafarers have been repatriated. Not only that, shipowner liable to pay to wages in whole or in
part as prescribed by national laws or regulations or as provided for in collective agreements from the
time when the seafarers are repatriated.
The ship owner may exclude liable from shipowner liability when the injury is incurred
otherwise than in the service of the ship, injury or sickness due to the wilful misconduct of the sick,
injured or deceased, and sickness or infirmity intentionally concealed when the engagement is entered
into.
4.3 Health and safety protection and accident prevention
Health and safety protection and accident prevention is to promote the seafarers’ work
environment on board ships promotes occupational safety and health.
Each Member shall develop and promulgate national guidelines for the management of
occupational safety and health on board ships that fly its flag.
Not only that, the competent authorities must ensure that the national guidelines for the
management of occupational safety and health 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

9. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
7. HIV/AIDS protection and prevention
For the safety and health of young seafarer, if they are qualified for the job, a pertinent skill by
the competent authority, they must consider in particular work such as night watch duties, servicing of
electrical equipment and exposure to harmful noise and vibration levels.
4.4 Access to shore-based welfare facilities
Each Member shall require, where welfare facilities exist on its territory, that they are available
for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or
social origin and irrespective of the flag State of the ship on which they are employed or engaged or
work.
For financing of welfare facilities, adequate means of transport at moderate prices should be
available at any reasonable time in order to enable seafarers to reach urban areas from convenient
locations in the port.
Not only that, the Member states also consider the safety of the seafarers at the foreign port.
Seafarers who are detained in a foreign port should be dealt with promptly under due process of law,
the state of nationality should inform the seafarer’s next of kin.
4.5 Social security
For social security, it is important to ensure that measures are taken with a view to providing
seafarers with access to social security protection.
An examples, the each Member shall ensure that seafarers who are subject to its social security
legislation, and, to the extent provided for in its national law.
8

10. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
5. Compliance and Enforcement
The purpose of this regulation is to specify the Member’s responsibility during implement the
principles and rights set out in the Articles of this Convention.
5.1 Flag state responsibilities
The purpose of this article is to ensure that each Member implements its responsibilities under
this Convention with respect to ships that fly its flag. Each Member shall require all ships that fly its
flag to have a copy of this Convention available on board.
Flag states (the state under which flag the ship operates) are responsible for ensuring
implementation of the rules on the ships that fly its flag. Detailed inspections result in the issue of a
"Certificate of Maritime Compliance", which should always be present (and valid) on a ship. Ships are
required to have decent complaints procedures in place for its crew and should institute investigations
in case of casualties.
Beside that, the flag state also should be authorized and recognized by establish proper system
ensure the adequacy of work performed by recognized organizations, which includes information on
all applicable national laws and regulations and relevant international instrument.
The flag state also must maintain a maritime labour certificate certifying the working and
living conditions of seafarers on the ship, including measures for ongoing compliance to be included
in the declaration of maritime labour compliance.
Ship flag also ensure that the ship has current valid maritime labour certificate and declaration
of maritime labour compliance, accompanied by an English-language translation.
For inspection and enforcement of the ship, the competent authority shall appoint a sufficient
number of qualified inspectors to fulfil its responsibilities. The competent authority ensure that the
inspectors have the training, competence, terms of reference, powers, status and independence
necessary or desirable so as to enable them to carry out the verification.
For on-board complaint procedure, the seafarer has right to lodge complaints relating to any
matter that is alleged to constitute a breach of the requirements of this Convention. An examples, the
complaints can be addressed to the head of the department of the seafarer lodging the complaint.
5.2 Port State responsibilities
The purpose of this article is to enable each Member to implement its responsibilities under
this Convention regarding international cooperation in the implementation and enforcement of the
Convention standards on foreign ships.
9

11. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
An examples,the inspection in ports depends on whether a Certificate of Maritime Compliance
is present (and thus a flag is flown of a country which has ratified the convention). If the Certificate is
present, compliance is to be assumed in principle, and further investigations only take place if the
certificate is not in order or there are indications of non-compliance.
For ships that don't have the certificate, inspections are much more detailed and should ensure
-according to a "no more favorable treatment principle that the ship has complied with the provisions
of the convention.
5.3 Labour Agencies
Labour agencies is an agencies supplying on maritime workers to ships should also be
inspected to ensure that they apply the convention (amongst others the regulations regarding to social
security). An examples, each Member shall establish an effective inspection and monitoring system for
enforcing its labour-supplying responsibilities under this Convention.
Conclusion
As short conclusion, the Maritime Labour Convention is one of fourth pillar of international
maritime law. The other pillars are SOLAS, STCW and MARPOL. Even though the convention not
been ratified worldwide, it has widespread effect because vessels from non-signatory states that
attempt to enter ports of signatory states may face arrest and penalties for non-compliance with the
MLC. The aim of the MLC was to achieve standardisation of seafarers’ rights. The provisions of the
MLC automatically apply to all ships which normally carry out commercial activities, whether
publicly or privately owned. Therefore, it applies not only to large commercial vessels but also to
commercially registered yachts or yachts that are actively chartering. However, with the existence of
this convention, many seafarer believe that the convention can be amend again in term of seafarers
right in ships which navigate exclusively in inland waters or waters within, or closely adjacent to,
sheltered waters or areas where port regulations apply, ships engaged in fishing and ships of traditional
10

12. THE RIGHT OF SEAFARERS UNDER ILO CONVENTION.
build such as warships or naval auxiliaries. Last but not least, there are some areas where the MLC
might at some point be developed further.
REFERENCES
1. Maritime Labour Convention. Retrieved on 4th May 2017 from
file:///C:/Users/Augustine/Downloads/MLO%20Conv%202006.pdf.
2. Penberthy A. & Crockford D. (2016) Fair Treatment for Seafarers: Is the Maritime Labour
Convention working? Retrieved from
http://www.keystonelaw.co.uk/keynotes/fair-treatment-for-seafarers-is-the-maritime-labour-co
nvention-working​.
3. International Labour Organization. Retrieved on from 11th May 2017 from
http://ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm​.
4. What is the Maritime Labour Convention? Retrieved on 23th May 2017 from
http://seafarersrights.org/seafarers-subjects/maritime-labour-convention-mlc/​.
11