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Maritime Labour Convention Seafarers Bill of Rights What does it mean for us? www.itfglobal.org.

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Presentation on theme: "Maritime Labour Convention Seafarers Bill of Rights What does it mean for us? www.itfglobal.org."— Presentation transcript:

1 Maritime Labour Convention Seafarers Bill of Rights What does it mean for us?

2 Why was the MLC adopted? Seafarers need special protection Seafarers need special protection MLC provides comprehensive rights and protection MLC provides comprehensive rights and protection Tool to balance the maritime industry Tool to balance the maritime industry Long term benefits for Employers and Seafarers Long term benefits for Employers and Seafarers Fourth pillar of international maritime regulatory regime, beside the key IMO SOLAS, MARPOL & STCWFourth pillar of international maritime regulatory regime, beside the key IMO SOLAS, MARPOL & STCW Set minimum requirements to work on a ship Set minimum requirements to work on a ship Strengthen enforcement mechanisms at all levels Strengthen enforcement mechanisms at all levels SEAFARERS BILL OF RIGHTS

3 Key issues for the ITF affiliates Protect fundamental and seafarers rights Protect fundamental and seafarers rights Maintain principles in existing ILO Conventions Maintain principles in existing ILO Conventions Enforceable minimum labour standards Enforceable minimum labour standards Definition of seafarers/Shipowner Definition of seafarers/Shipowner Social security protection Social security protection Real enforcement and control Real enforcement and control SEAFARERS BILL OF RIGHTS

4 SEAFARERS BILL OF RIGHTS Fundamental Rights and Principles a) Freedom of association and the effective recognition of the right to collective bargaining b) Elimination of all forms of forced or compulsory labour c) Effective abolition of child labour d) Elimination of discrimination in respect of employment and occupation

5 SEAFARERS BILL OF RIGHTS Seafarers Employment and Social Rights As a bare minimum every seafarer has the right to: a) Safe and secure workplace that complies with safety standards b) Fair terms of employment c) Decent working and living conditions d) Health protection, medical care, welfare measures and other forms of social protection

6 Structure of the MLC Articles- set out the principles and obligations. Articles- set out the principles and obligations. Regulations, Standards (Part A) and Guidelines (Part B) in the Code integrated/organized under five Titles: Regulations, Standards (Part A) and Guidelines (Part B) in the Code integrated/organized under five Titles: 1. Minimum requirements for seafarers to work on a ship 2. Conditions of employment 3. Accommodation,recreational facilities, food and catering 4. Health protection, medical care, welfare and social security protection 5. Compliance and enforcement SEAFARERS BILL OF RIGHTS

7 To whom MLC applies/ does not apply Seafarer - any person who is employed/engaged works in any capacity on a ship covered by the MLC Seafarer - any person who is employed/engaged works in any capacity on a ship covered by the MLC The MLC applies to all ships [and seafarers] publicly or privately owned engaged in commercial activities The MLC applies to all ships [and seafarers] publicly or privately owned engaged in commercial activities Smaller ships (below 200 gt ) may be exempted Smaller ships (below 200 gt ) may be exempted The Convention does not apply to inland waters; fishing vessels, traditional builds and warships The Convention does not apply to inland waters; fishing vessels, traditional builds and warships SEAFARERS BILL OF RIGHTS

8 MLC requirements Minimum age Medical certification Qualifications of seafarers Recruitment and placement Seafarers employment agreements Wages Hours of work and hours of rest SEAFARERS BILL OF RIGHTS

9 What must be in your employment agreement? Your full name, date of birth/age; place of birth Your full name, date of birth/age; place of birth Shipowners name and address Shipowners name and address Where and when the agreement was signed Where and when the agreement was signed Position on board Position on board Your wages and how they are calculated Your wages and how they are calculated Amount of paid annual leave Amount of paid annual leave SEAFARERS BILL OF RIGHTS

10 SEAFARERS BILL OF RIGHTS What must be in your employment agreement? Conditions for terminating the contract Conditions for terminating the contract Expiry date/duration of contract Expiry date/duration of contract Health/ social security benefits provided Health/ social security benefits provided Entitlement and details to repatriation Entitlement and details to repatriation Reference to the CBA, if applicable Reference to the CBA, if applicable Any other details required by national law Any other details required by national law

11 Wages SEAFARERS BILL OF RIGHTS You have the right to be paid regularly and in full You have the right to be paid regularly and in full Basic pay or wages - pay for normal hours of work Basic pay or wages - pay for normal hours of work The ILO minimum wage for ABs The ILO minimum wage for ABs Overtime Overtime Keep your own copy of overtime Keep your own copy of overtime Sending money home Sending money home Your entitlements Your entitlements

12 Hours of work and hours of rest Normal working hours - 8-hour day/one day of rest Normal working hours - 8-hour day/one day of rest Maximum hours of work Maximum hours of work No more than 14 hours in any 24-hour period – No more than 14 hours in any 24-hour period – No more than 72 hours in any seven-day period Minimum hours of rest Minimum hours of rest at least 10 hours of rest in any 24-hour period – at least 10 hours of rest in any 24-hour period – at least 77 hours rest in any seven-day period Table with shipboard working arrangements Table with shipboard working arrangements SEAFARERS BILL OF RIGHTS

13 MLC requirements cont/… Entitlement to leave Repatriation Seafarer compensation (ships loss or foundering) Manning levels of the ship Accommodation On-board recreational facilities Food and catering SEAFARERS BILL OF RIGHTS

14 MLC requirements cont/… SEAFARERS BILL OF RIGHTSwww.itfglobal.org Health and safety and accident prevention Health and safety and accident prevention On-board medical care On-board medical care Shipowners liability Shipowners liability Health and safety protection/ accident prevention Health and safety protection/ accident prevention Access to shore-based welfare facilities Access to shore-based welfare facilities Consulates Consulates Social security Social security

15 Safeguarding your rights SEAFARERS BILL OF RIGHTSwww.itfglobal.org TITLE 5: Compliance and Enforcement Flag State responsibilities – Flag State responsibilities – Port State responsibilities – Labour-supplying responsibilities Maritime labour Certificate/ DMLC Maritime labour Certificate/ DMLC Inspection and enforcement Inspection and enforcement On-board complaint procedures On-board complaint procedures

16 Inspections in port/ Port State Control SEAFARERS BILL OF RIGHTSwww.itfglobal.org Inspections in port Inspections in port More detailed inspection can be carried out when: More detailed inspection can be carried out when: the documents are not produced/ invalid/ falsified – the documents are not produced/ invalid/ falsified – grounds for believing that the working and living conditions are substandard – the ship has attempted to avoid compliance – a complaint by a seafarer, trade union, person interested in safety and health of seafarers/ their ship Examples of circumstances that may require detention Examples of circumstances that may require detention

17 ITF/Affiliates/ Seafarers Prospective SEAFARERS BILL OF RIGHTSwww.itfglobal.org We all need the MLC ratified and implemented We all need the MLC ratified and implemented MLC will help to improve your living and working conditions on board MLC will help to improve your living and working conditions on board MLC is giving the minimum standards only MLC is giving the minimum standards only For further information For further information Questions please? Questions please?


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