Maritime Labour Convention, 2006

Maritime Labour Convention, 2006 (MLC, 2006)

The MLC, 2006 governs maritime labor conditions and sets minimum standards for the working and living conditions of seafarers aboard ships as applicable.

The RMI ratified MLC, 2006 on 25 September 2007. Vessel owners/operators are encouraged to check the ILO’s list of countries that have ratified the convention and to understand in which countries it is enforceable.

Since it entered into force on 20 August 2013, the MLC, 2006 has been amended three times: in 2014, 2016, and 2018. The 2014 amendments covered financial security requirements for seafarer abandonment and death and long-term disability. They have been fully implemented by the RMI Maritime Administrator (the “Administrator”). The amendments that have not entered into force yet are provided below:

2016 Amendments to MLC, 2006

The following amendments were adopted by Member States, including the RMI, at the second MLC, 2006 Special Tripartite Committee (STC) meeting. That meeting took place 8-10 February 2016 at the ILO in Geneva. The amendments were subsequently approved at the International Labour Conference’s (ILC’s) 105th Session and will enter into force on 8 January 2019.

• Harassment and Bullying: Guideline B4.3.1 was amended to ensure that harassment and bullying are covered by onboard occupational health and safety policies. 

• Validity of the Maritime Labour Certificate: Standard A5.1.3 was amended to allow an extension on the validity of the Maritime Labour Certificate for not more than five months. This is only for cases where the renewal inspection required by Standard A5.1.3, paragraph 2 has been successfully completed, and a new certificate cannot be issued to the ship immediately due to administrative delays. The new certificate will remain valid for a period not exceeding five years from the date of the existing certificate.

2018 Amendments to MLC, 2006

The following amendments were adopted by Member States, including the RMI, at the third MLC, 2006 STC meeting. That meeting took place 23-27 April 2018 at the ILO in Geneva. The amendments were approved at the ILC’s 107th Session. They will enter into force on 26 December 2020.

• Seafarers Employment Agreements (SEAs): Standard A2.1 was amended to establish that an SEA will continue to have effect while seafarer is held captive on or off the ship as a result of piracy or armed robbery against ships, regardless of the dates in their contract.
• Wages: Standard 2.2 has been amended to ensure that SEAs of seafarers held captive as a result of piracy or armed robbery will continue to have effect, including for the payment of wages and other entitlements until the seafarer is released and duly repatriated or date of death is determined.
• Repatriation: Guideline B2.5.1 was amended to ensure that entitlement of seafarers to repatriation does not lapse if they are held captive as result of piracy or armed robbery.

Inspection and Certification

The Administrator’s inspection and certification program to implement MLC, 2006, is contained in MN-2-011-33, RMI Maritime Labour Convention, 2006 Inspection and Certification Program. All RMI flagged vessels covered by MLC, 2006 are required to be inspected and certified in accordance with RMI laws and regulations. Newbuild vessels and those transferring to the RMI must undergo inspection and certification as applicable. Click here for the procedure for obtaining MLC, 2006 certification.

RMI Documents

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

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, Shipboard Occupational Health and Safety, including Hazardous Work Issues for Seafarers Under 18 years old
• 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

Marine Guidelines

• MG 7-44-1, Food Handling, Storage and Preparation
• MG 7-45-1, Guidance on Seafarer Employment Agreements
• MG 7-47-1, Guidance on Medical Exams and Certificates for Seafarers

Technical Circulars

• RMI Technical Circular 2, Rev. 2, International Labour Organization Conventions C. 92 and C. 133 Compliance

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 Arrangements
• SICD-101, Records of Hours of Rest 

Publications

RMI Annual Statistical Report

The RMI Annual Statistical Report, produced in compliance with MLC, 2006 Standard A5.1.4.13 is available upon request from the Administrator. Please submit requests to [email protected].

ILO Publications

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

• Maritime Labour Convention, 2006
• Guidelines for flag State inspections under the Maritime Labour Convention, 2006
• Guidelines for port State control officers carrying out inspections under the Maritime Labour Convention, 2006*

*These guidelines are to be amended by a correspondence group as detailed in the adopted resolution concerning ILO flag and PSC guidelines (STCMLC-2018).

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 additional information on or questions about MLC, 2006 compliance, contact: [email protected].