Speaker 1 - Responsibility of Stake Holders under MLC
1. Responsibility of Stake Holders
under MLC
Rules & Amendments
(Indian Maritime Administration)
2. Maritime Labour Convention 2006 - A brief
introduction
Philosophy of the convention:
• To promote decent conditions of work;
• Declaration on fundamental principles and rights at work;
• Special protection to seafarers;
Effective implementation of the convention.
ILO adopted MLC, 2006 on 23rd February, 2006.
Has come into force in 2013
4. Title Provision Code Concerned Rules
1 Minimum age Regulation 1.1– Standard
A1.1 – Guideline B1.1
Rule 4 of Maritime Labour
Rules, 2016
Medical certificate Regulation 1.2– Standard
A1.2 – Guideline B1.2
Rule 5 of Maritime Labour
Rules and Medical Rules
Training and qualification Regulation 1.3– Standard
A1.3 – Guideline B1.3
Rule 6 of Maritime Labour
Rules
Recruitment and placement Regulation 1.4– Standard
A1.4 – Guideline B1.4
Rule 7 of Maritime Labour
Rules and RPS Rules 2016
2 Seafarers employment agreement [Regulation 2.1– Standard
A2.1 – Guideline B2.1
Rule 8 of Maritime Labour
Rules
Hours of work and hours of rest Regulation 2.3– Standard
A2.3 – Guideline B2.3
Rule 10 of Maritime Labour
Rules
Entitlement to leave Regulation 2.4– Standard
A2.4 – Guideline B2.4
Rule 11 of Maritime Labour
Rules
Repatriation Regulation 2.5– Standard
A2.5 – Guideline B2.5
Rule 12 of Maritime Labour
Rules
Seafarers compensation for the ship’s
loss or foundering
Regulation 2.6– Standard
A2.6 – Guideline B2.6
Rule 13 of Maritime Labour
Rules
Manning levels Regulation 2.7– Standard
A2.7 – Guideline B2.7
Rule 14 of Maritime Labour
Rules
Career and skill development and
opportunities for seafarers’
employment
Regulation 2.8– Standard
A2.8 – Guideline B2.8
Rule 15 of Maritime Labour
Rules
5. Title Provision Code Concerned Rules
3 Accommodation and
recreational facilities
Regulation 3.1– Standard
A3.1 – Guideline B3.1
Rule 16 of Maritime Labour
Rules and MS
Accommodation Rules
Food and catering Regulation 3.2– Standard
A3.2 – Guideline B3.2
Rule 17 of Maritime Labour
Rules
4 Medical care on board ship and
ashore
Regulation 4.1– Standard
A4.1 – Guideline B4.1
Rule 18 of Maritime Labour
Rules
Shipowners’ liability Regulation 4.2– Standard
A4.2 – Guideline B4.2
Rule 19 of Maritime Labour
Rules
Health and safety protection and
accedent prevention
Regulation 4.3– Standard
A4.3 – Guideline B4.3
Rule 20 of Maritime Labour
Rules
Access to shore-based welfare
facilities
Regulation 4.4– Standard
A4.4 – Guideline B4.4
Rule 21 of Maritime Labour
Rules
Social security Regulation 4.5– Standard
A4.5 – Guideline B4.5
Rule 22 of Maritime Labour
Rules
6. Title Provision Code Concerned Rules
5 Flag state responsibilities Regulation 5.1– Standard
A5.1 – Guideline B5.1
Rule 22-27 of the MLC Rules
General principles Regulation 5.1.1– Standard
A5.1.1 – Guideline B5.1.1
Rule 22-27 of the MLC Rules
Authorisation of recegnised
organisations
Regulation 5.1.2– Standard
A5.1.2 – Guideline B5.1.2
Rule 22-27 of the MLC Rules
Maritime labour certificate and
declaration of maritime labour
certificate
Regulation 5.1.3– Standard
A5.1.3 – Guideline B5.1.3
Rule 22-27 of the MLC Rules
Inspection and enforcement Regulation 5.1.4– Standard
A5.1.4 – Guideline B5.1.4
Rule 22-27 of the MLC Rules
On-board complaint procedures Regulation 5.1.5– Standard
A5.1.5 – Guideline B5.1.5
Rule 22-27 of the MLC Rules
Marine casualities Regulation 5.1.6– Standard
A5.1.6 – Guideline B5.1.6
Rule 22-27 of the MLC Rules
Port state responsibilities Regulation 5.2 Rule 22-27 of the MLC Rules
Inspection in port Regulation 5.2.1– Standard
A5.2.1– Guideline B5.2.1
Rule 22-27 of the MLC Rules
Onshore seafarerts complaint-
handling procedures
Regulation 5.2.2– Standard
A5.2.2 – Guideline B5.2.2
Rule 22-27 of the MLC Rules
Labour supplying responsibilities Regulation 5.3– Standard
A5.3– Guideline B5.3
Rule 22-27 of the MLC Rules
7. Implementation of Maritime Labour Convention
by India
• The Convention formally entered into force globally on 20th
August 2013.
• India was in the process of ratification of MLC.
• Suitable administrative mechanism put in place in advance
for the compliance of MLC.
• End-to-end composite process of inspection and certification
of indian flag ships.
• Voluntary inspection and certificate of compliance.
8. Implementation of Maritime Labour
Convention by India
• Merchant Shipping (Seafarer Accommodation)
Rules, 2016
• Merchant Shipping (Recruitment and
Placement of Seafarers) Rules, 2016
• Merchant Shipping (Medical Examination)
Amendment Rules, 2016
• Merchant Shipping (Maritime Labour) Rules,
2016
9. 0
50000
100000
150000
200000
250000
2013 2014 2015 2016 2017 2018 2019
103835
117090
126945
143940
154349
208799
223082
Engagement of Indian Seafarer ( Deck ) of Indian Flag / Foreign Flag Ship During 2013-2019
Count
11. Detained vessels in 2016: Statistics Indian Vessels Inspection in PSC
abroad
6 5
0
3 2 1
6 6
2
35
5 6
0 0 0 0 0 1 0 0 0 0
2
0
0
5
10
15
20
25
30
35
40
1 2 3 4 5 6 7 8 9 10 11 12
Code 17 deficiencies on detained vessels:
2016
Total number of Code 17 def MLC related Code 17 def.
1 1
3
2
1
4
6
3
1
4
1
3
0 0
3
0 0
3
0 0 0
1
0 0
0
1
2
3
4
5
6
7
1 2 3 4 5 6 7 8 9 10 11 12
MLC related detainable deficiencies
and toat number of detainable def:
Detained vessels 2016
Total number of detainable def MLC related det def
Out of 12 vessels detained in 2016, 3 vessels, that is, 25% of detained vessels had MLC 2006 related
detainable deficiencies.
One vessel had only MLC 2006 related detainable deficiencies.
Only 1 vessel which was not detained due to MLC had MLC related Code 17 deficiency.
12. Flag State Inspection: 2016
59
82
6 8
132
281
4 4
0
50
100
150
200
250
300
Number of ships
with def
Number of
deficiencies
No. of ships with
det. Def
No. of det. Def
Flag State Inspection: 2016
Living Condition Working Condition
13 13 13
9
0
2
4
6
8
10
12
14
Major Living Condition deficiencies
head: FSI 2016
13. Detained vessels in 2017: Statistics Indian Vessels Inspection in PSC
abroad
Out of 7 vessels detained till August 2017, 2 vessels, that is, 28.5% of detained vessels had MLC 2006
related detainable deficiencies.
None of the detained vessel had only MLC 2006 related detainable deficiencies.
Only 1 vessel which was not detained due to MLC had MLC related Code 17 deficiency.
4
2
12
4
1
4
2
1
0 0 0 0
1
0
0
5
10
15
1 2 3 4 5 6 7
Statistics: Detained vessel 2017:
Detainable deficiencies
Total number of detainable def MLC related det def
9 8 8
1
7
18
3
0 0 1 0 0
7
0
0
5
10
15
20
1 2 3 4 5 6 7
Code 17 deficiencies on detained ships:
2017
Total number of Code 17 def MLC related Code 17 def.
14. PSC Inspection of Indian Vessel abroad: MLC 2006 related deficiencies: 2017
Provision: Quality, quantity, inspection, segregation
SEA/Medical Certificate: Expired/Unavailable
Sanitary and Wash Water facility: Dirty, water not available
1
0
1
00
4
2 2
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
Distribution of MLC 2006 deficiencies on Indian
Flag vessels detained in PSC in 2017
Deatinable deficiencies Code 17 deficiencies
15. PSC Inspection of Indian Vessel abroad: MLC 2006 related deficiencies: 2018
Provision: Quality, quantity, inspection, segregation
SEA/Medical Certificate: Expired/Unavailable
Sanitary and Wash Water facility: Dirty, water not available
0 0 0 00 0 0
5
0
1
2
3
4
5
6
Distribution of MLC 2006 deficiencies on Indian
Flag vessels detained in PSC in 2018
Deatinable deficiencies Code 17 deficiencies
16. Flag State Inspection: 2018
66
72
0 0
46
58
1 1
0
10
20
30
40
50
60
70
80
Number of ships
with def
Number of
deficiencies
No. of ships with
det. Def
No. of det. Def
Flag State Inspection: 2018
Living Condition Working Condition
14
26
17 15
0
5
10
15
20
25
30
Major Living Condition deficiencies
head: FSI 2018
17. Amendments in MLC, 2006
2014 amendments
• Amendments to the Code implementing Regulation 2.5 –
Repatriation of the MLC, 2006 (and appendices
• Standard A2.5.2 – Financial security
• Amendments relating to Standard A4.2
2016 amendments
• Amendments to the Code implementing Regulation 4.3 - health and
safety protection and accident prevention
2018 amendments
• According to the 2018 MLC amendments, as agreed by the Special
Tripartite Committee (STC) on 27 April 2018, a SEA shall continue to
have effect while a seafarer is held captive on or off the ship as a
result of acts of piracy or armed robbery against ships
18. Challenges
Non-payment of wages.
• Shipping companies going for liquidation.
Repatriation when ship is abandoned.
• Limitation of financial security due to non-
availability of replacement crew.