1. The MLC: background and
impact on seafarers’ working
conditions, living conditions
and health
By Dani Appave
Senior Maritime Specialist
International Labour Office

2. The MLC: background and impact on seafarers’ working conditions,
living conditions and health
• Origins and Objectives
• Structure and contents
• New Features
•Impact on seafarers’ working and living
conditions
• Impact on seafarers’ health
•Conclusions

3. Consolidated Convention:
The Objectives
• All-encompassing single instrument,
• Incorporating, as far as possible, all relevant
standards,
• Draft in easily understandable language
• Easy to update
• Attractive to ratify to secure widest possible
acceptability: wide-scale ratification,
• Easy to monitor and to enforce, in order to
establish a real level playing field.

4. Structure of new Convention
Articles • Articles
(mandatory) • Fundamental principles and rights
• Employment and social rights
• Procedural and final clauses
• New amendment procedure
Regulations • Tripartite Committee
(mandatory) • Regulations
• Substantive rights and obligations
• Articles and Regulations establish
Code A framework of basic obligations
(mandatory)
• Code A and B: details for the
implementation of the Regulations:
mandatory standards and non-
Code B mandatory guidelines
(non-mandatory)

5. Content of Draft Convention
• A clear set of fundamental rights and
principles and seafarers’ employment and
social rights pursuant to the ILO’s Decent
Work Agenda.
• Detailed provisions in the Code for the
implementation of the substantive rights.

6. The Titles
Title 1: Minimum requirements for seafarers to work on a
ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and
catering
Title 4: Health protection, medical care, welfare and social
protection
Title 5: Compliance and enforcement

7. New amendment procedures
•Express ratification •Simplified amendment
procedure procedure
•Follows closely current ILO •Introduces tacit acceptance
procedures as replacement for ratification
• Updates Convention, but • Applicable in respect of
does not create new revising Codes
instrument A and B
A new Tripartite Maritime Committee established to
consider amendment proposals

8. A new approach to enforcement
• Specific title on Enforcement
• Responsibilities and measures
• Chain of enforcement
• Integrating international and national level
• A certification system for labour standards: a
maritime labour certificate and a declaration
of labour compliance

9. Innovations
• Structure of the • Tripartite Maritime
Convention: A one- Committee
stop shop • A strong enforcement
• A clear set of
regime, backed by a
certification system for
principles and rights compliance with the
and employment and Convention
social rights for • No more favourable
seafarers treatment clause for
• Simplified amendment ships of non-ratifying
procedure Members

10. A changed Maritime landscape
for the future
• Addressing fair competition in the maritime
industry through:
• Decent employment and social conditions to
attract and retain seafarers, especially young
people to the industry: social
competitiveness,applicable also to domestic
shipping
• A level playing field through no more favorable
treatment to ensure a healthy development of
the industry based on fair terms

11. A changed Maritime landscape
for the future Contd.
• A simplification of regulation: global
standards applicable to the whole industry
that are simple, clear, consistent,
practicable, acceptable, adaptable and
enforceable
• Socially responsible shipping with a strong
compliance and enforcement regime
based on certification and quality control

12. Impact on conditions of work
• Wider application with increased ratification
• Better enforcement-flag and port state
• Certification after inspection
• Complaints procedure onboard and ashore
• Complaint in port states
• Expansion of issues covered by PSC

13. Impact on conditions of work
• Level playing field for seafarers conditions
• Minimum standards set by the Convention
• Improved social dialogue at national level
• No more favourable treatment
• Future revisions will improve protection
• Important role of the employment agreement
• Better enforcement by flag states and port
states

14. Medical issues in the Convention
• Seafarers’ employment and social rights
• Article IV
• 4. Every seafarer has a right to health protection
and welfare measures and other
• forms of social security protection.

15. Protection of Young seafarers
• Standard A1.1 – Minimum age
• Minimum age at the time of the initial entry into
force of this Convention is16 years.
• No night work before 18 with exceptions
• Night work not permitted if detrimental impact
on health or well-being
• Work likely to jeopardize health or safety
prohibited for under 18’s

16. Medical certificate
• Purpose: To ensure that all seafarers are medically fit
• 1. Certification that seafarer is medically fit to perform
his duties
• 2. To be required by the competent authority
• 3. To be issued by a duly qualified and independent
medical practitioner
• 4. valid for 2 years (1 year for under 18)
• 5. colour vision valid for 6 years

17. Medical certificate
• 2. In order to ensure that medical certificates genuinely
reflect seafarers’ state of health, in light of the duties
they are to perform, the competent authority shall, after
• consultation with the organizations of the shipowners
and of the seafarers concerned, and giving due
consideration to applicable international guidelines
referred to in Part B of this Code, prescribe the nature
of the medical examination and certificate. (modified
C.73A4/1)

18. Repatriation
• Standard A2.5: Seafarers entitled to repatriation ……
• 1(c) when the seafarers are no longer able to carry out
their duties under their employment agreement or
cannot be expected to carry them out in the specific
circumstances.
• Guideline B2.5.1 – Entitlement
• (b) in the cases covered by paragraph 1(c) of Standard
A2.5: (i) in the event of illness or injury or other
medical condition which requires their repatriation
when found medically fit to travel;

19. Repatriation
• Guideline B2.5.1 – Entitlement
• The costs to be borne by the shipowner for
repatriation under Standard A2.5 should include
at least the following:
• (e) medical treatment when necessary until the
seafarers are medically fit to travel to the
• repatriation destination.

20. Repatriation
• Guideline B2.5.2 – Obligations of Members for
repatriation
• Each Member should have regard to whether proper
provision is made:………
• (b) for medical care and maintenance of seafarers
employed on a ship that flies the flag of a foreign
country who are put ashore in a foreign port in
consequence of sickness or injury incurred in the
service of the ship and not due to their own wilful
misconduct

21. Accommodation, recreational
facilities, food and catering
• Regulation 3.1 – Accommodation and recreational
facilities
• Purpose: To ensure that seafarers have decent
accommodation and recreational facilities
• on board
• 1. Members shall ensure that ships that fly their flag
provide and maintain decent living accommodations
and recreational facilities to seafarers living on board
consistent with promoting the seafarers’ health and
well-being.

22. Accommodation, recreational
facilities, food and catering
• Regulation 3.2 – Food and catering
• Purpose: To ensure that seafarers have access to good
quality food and drinking water provided under
regulated hygienic conditions
• 1. Members shall ensure that ships that fly their flag
have a supply of sufficient food of good quality,
drinking water and catering arrangements that secure
the health and well-being of seafarers living on board
and take account of differing cultural, religious and
• gastronomic backgrounds.

23. Title 4. Health protection, medical
care, welfare and social protection
• Regulation 4.1 – Medical care on board ship and
ashore
• Purpose: To protect the health of seafarers and ensure
their prompt access to medical care on board ship and
ashore
• 1. Each Member shall ensure that all seafarers on ships
that fly its flag are covered by adequate measures for
the protection of their health and that they have access
to prompt and adequate medical care whilst working on
board.
• 2. The protection and care under paragraph 1 shall, in
principle, be provided at no cost to the seafarers.

24. Title 4. Health protection, medical
care, welfare and social protection
• Reg 4.1 (Cont)
• 3. Each Member shall ensure that seafarers on board
ships in its territory who are in need of immediate
medical care are given access to the Member’s medical
facilities on shore.
• 4. The requirements for on-board health protection and
medical care set out in the Code include standards for
measures aimed at providing seafarers with health
protection and medical care as comparable as possible
to that which is generally available to workers
• ashore. (modified C.164 A4/b)

25. Title 4. Health protection, medical
care, welfare and social protection
• Standard A4.1 – Medical care on board ship and
ashore
• 1. Members shall ensure that measures providing
for health protection and medical care (including
essential dental care) for seafarers working on
board a ship that flies their flag are adopted
which:

26. Title 4. Health protection, medical
care, welfare and social protection
• (a) ensure the application to seafarers of any general
provisions on occupational health protection and
medical care relevant to their duties, as well as of
special provisions peculiar to work on board ship;
(modified C.164A4/a)
• (b) ensure that seafarers are given health protection and
medical care as comparable as possible to that which is
generally available to workers ashore, including prompt
• access to the necessary medicines, medical equipment
and facilities for diagnosis and treatment and to medical
information and expertise; (modified C.164A4/b)

27. Title 4. Health protection, medical
care, welfare and social protection
• (c) give seafarers the right to visit a qualified medical
doctor or dentist without delay in ports of call , where
practicable;
• (d) ensure that, to the extent consistent with the
Member’s national law and practice, medical care and
health protection services while a seafarer is on board
ship or landed in a foreign port are provided free of
charge to seafarers; and
• (e) are not limited to treatment of sick or injured
seafarers but include measures of a preventive character
including health promotion and health education
programmes.

28. Title 4. Health protection, medical
care, welfare and social protection
• 2. The competent authority shall adopt a standard
medical report form for use by the ships’ masters and
relevant onshore and on-board medical personnel. The
form and its contents shall be kept confidential and
shall be used for no other purpose than to facilitate
• the treatment of seafarers.
• 3. Members shall adopt laws and regulations
establishing requirements for on-board hospital and
medical care facilities and equipment and training on
ships that fly their flags.

29. Title 4. Health protection, medical
care, welfare and social protection
• 4. National laws and regulations shall at minimum
provide for the following requirements:
• (a) ships carrying 15 or more seafarers and engaged in a
voyage of more than three days to have separate
hospital accommodation to be used exclusively for
medical purposes. The competent authority may relax
this requirement in respect of ships engaged in coastal
trade.

30. Title 4. Health protection, medical
care, welfare and social protection
• (b) 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 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;

31. Title 4. Health protection, medical
care, welfare and social protection
• (c) 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.
(C.164A8/1) 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;
(C.164A8/2)

32. Title 4. Health protection, medical
care, welfare and social protection
• (d) ships, which do not carry a medical doctor shall be
required to have either at least one seafarer on board
who is in charge of medical care and administering
medicine as part of their regular duties or least one
seafarer on board competent to provide medical
• first aid. (modified C.164A9/1) Persons in charge of
medical care on board who are not medical doctors
shall have satisfactorily completed training in medical
care that meets the requirements of the Seafarers’
Training, Certification and Watchkeeping
• Code (STCW Code).

33. Title 4. Health protection, medical
care, welfare and social protection
• Seafarers designated to provide medical first aid shall
have satisfactorily completed training in medical first
aid that meets the requirements of the STCW Code.
National laws or regulations shall specify the level of
approved training required taking into account, inter
alia, such factors as the duration, nature and conditions
of the voyage and the number of seafarers on board;
• (e) the competent authority shall ensure by a rearranged
system that medical advice by radio or satellite
communication to ships at sea, including specialist
advice, is available at any hour of the day or night.

34. Title 4. Health protection, medical
care, welfare and social protection
• Medical advice, including the onward
transmission of medical messages by radio or
satellite communication between a ship and
shore available free of charge to all ships
irrespective of flag.

35. Title 4. Health protection, medical
care, welfare and social protection
• Guidelines B4.1 :
• Provision of medical care
• Medical report form
• Medical care ashore
• Medical assistance to other ships
• Dependents of seafarers

36. Shipowners’ Liability
• Regulation, Standard and Guideline 4.2
• Shipowners to pay for sickness, injury or death
while seafarer is serving under employment
agreement or arising from such employment
• Includes health protection and medical care,
medical treatment and the supply of medicines,
therapeutic appliances, board and lodging until the
seafarer has recovered or incapacity declared of a
permanent character.

37. Health and safety protection
Accident prevention
• Regulation, Standard,Guideline 4.3
• Protection, training, based on codes,
guidelines and standards adopted for the
industry.
• Laws to be adopted on specified subjects
• Reporting and recording of accidents,
injuries and diseases.
• Investigation of accidents.

38. Conclusions
• New Convention provides wide protection
on conditions of work and health matters
• It will cover all seafarers
• It should be more effective with improved
enforcement by flag states and by port
states
• Entry into force 12 months after 30
ratifications registered by the ILO

39. Thank You
ILO website: www.ilo.org
ILO maritime webpages:
www.ilo.org/public/english/dialogue/
sector/sectors/mariti.htm