International Registries, Inc. providing support to the Marshall Islands Maritime & Corporate Administrators
 

MARITIME LABOUR CONVENTION, 2006 (MLC, 2006)

The Republic of the Marshall Islands (RMI) ratified the MLC, 2006 on 25 September 2007. A current list of countries that have ratified MLC, 2006 can be found on the International Labour Organization (ILO) website. Vessel owners/operators are encouraged to check this list in order to understand in which countries MLC, 2006 is enforceable.

Since entry into force of MLC, 2006 on 20 August 2013, it has been amended twice as detailed below.

2014 Amendments to MLC, 2006

The first meeting of the Special Tripartite Committee (STC) on MLC, 2006 took place at the ILO in Geneva from 7-11 April 2014. The following amendments were adopted by Member States, including the RMI, at that meeting and approved at the 103rd Session of the International Labour Conference (ILC). They will enter into force 18 January 2017. 

The STC also adopted a resolution entitled, “Resolution on the transitional measures relating to the entry into force of the amendments to the Maritime Labour Convention, 2006, concerning financial security requirements in respect of abandonment of seafarers and for shipowners’ liability.” What the Resolution does, among other things, is to request Members, including in the exercise of port State control, to recognize Maritime Labour (ML) Certificates and Declarations of Maritime Labour Compliance (DMLCs), while they are still valid in accordance with MLC, 2006, until the first renewal inspection following entry into force of the amendments.

2016 Amendments to MLC, 2006

The second meeting of the STC on MLC, 2006 took place at the ILO in Geneva from to 8-10 February 2016. The following amendments were adopted by Member States, including the RMI, at that meeting and approved at the 105th Session of the ILC. They are expected to enter into force in late 2018.

  • Harassment and Bullying: The guidelines to Regulation 4.3 were amended to ensure that harassment and bullying issues are covered by occupational health and safety policies on board the vessel.
  • Validity of the Maritime Labour Certificate: Standard 5.1 was amended to allow an extension of not more than five (5) months of the validity of the Maritime Labour Certificate issued for ships in cases where the renewal inspection required by paragraph 2 of Standard A5.1.3 has been successfully completed, but a new certificate cannot immediately be issued to that ship. The new certificate remains valid for a period not exceeding five (5) years starting from the date of the existing certificate.

 RMI Requirements for MLC, 2006 Compliance

The RMI Maritime Administrator’s (the “Administrator’s”) Inspection and Certification Program to implement MLC, 2006, which governs maritime labor conditions and sets minimum standards for the working and living conditions of seafarers aboard ships, as applicable, is contained in RMI Marine Notice 2-011-33.

All RMI flagged vessels covered by MLC, 2006 are required to be inspected and certified in accordance with national laws and regulations. Newbuild vessels and those transferring into the RMI must undergo inspection and certification as applicable. Click here for the procedure for obtaining MLC, 2006 certification.

The Administrator has published a series of Marine Notices, Marine Guidelines, and forms related to MLC, 2006 as listed below. These publications must be utilized to comply with the RMI Maritime Act of 1990 (MI-107), as amended, and RMI Maritime Regulations (MI-108), as amended, that implement MLC, 2006.

RMI Marine Notices

  • MN-2-011-33, Maritime Labour Convention, 2006 Inspection and Certification Program
  • MN-2-023-1, Proof of Liability Insurance
  • MN-7-042-1, Medical Care On Board Ship and Ashore: Medical Chest, Recordkeeping and Responsibilities and Training for Medical Care
  • MN-7-044-1, Accommodations, Recreational Facilities, Food, Catering and Water*
  • MN-7-045-1, Demonstrating Compliance of Seafarer Recruitment and Placement Services
  • MN 7-046-1, Articles of Agreement between the Master and Seafarers in the Merchant Service of the Republic of the Marshall Islands (Shipping Articles)
  • MN-7-049-1, Hazardous Work and Consideration of Health and Safety Issues for Seafarers Under the Age of 18
  • MN-7-051-1, Payment of Wages - Account
  • MN-7-051-2, Minimum Hours of Rest
  • MN-7-052-1, Repatriation
  • MN-7-052-2, Maximum Period of Shipboard Service for Seafarers Under the Maritime Labour Convention, 2006 (MLC, 2006)
  • MN-7-052-3, Liability Insurance for Seafarer Abandonment, Death, and Long-Term Disability
  • MN-7-053-1, On Board Complaint Procedures

* Note that ILO Conventions No. 92 and No. 133, dealing with crew accommodations, are recognized by the RMI and should be complied with by existing vessels to the extent reasonable and practicable (See RMI Technical Circular 2, Rev. 1).

RMI Marine Guidelines

  • MG 2-11-3, Guidelines on the Basic Elements of a Shipboard Occupational Health and Safety Program
  • MG 7-44-1, Food Handling, Storage and Preparation
  • MG 7-45-1, Guidance on Seafarer Employment Agreements (SEAs)
  • MG 7-47-1, Guidance on Medical Exams and Certificates for Seafarers

RMI Forms

  • MSD 400A, Declaration of Maritime Labour Compliance (DMLC) – Part I
  • MSD 400B, Declaration of Maritime Labour Compliance (DMLC) – Part II
  • SICD-100, Table of Shipboard Working Arrangement
  • SICD-101, Records of Hours of Rest

Publications

RMI Annual Statistical Report

The RMI Annual Statistical Report in compliance with MLC, 2006 Standard A5.1.4.13 is available from the Administrator. Please contact publications@register-iri.com to request a copy.

ILO Publications

The following have been published by the ILO and are useful reference documents:

Questions?

The Administrator recognizes that MLC, 2006 is a learning curve for all and works closely with its owners/ operators and Recognized Organizations (ROs) who are delegated MLC, 2006 inspection and certification functions, to work through any unanticipated issues and make certain that MLC, 2006 is fully and practically implemented.

For more information or if you have questions concerning MLC, 2006 compliance, please contact:

International Registries, Inc.
Attn: Regulatory Affairs
Tel: +1 703 620 4880
Fax: +1 703 476 8522
Email: regulatoryaffairs@register-iri.com



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