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10 Things About Mlc

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    Copyright 2012 Holland & Knight LLP. All Rights Reserved

    10 IMPORTANT THINGS TO KNOW

    ABOUT THE MARITIME LABOUR

    CONVENTION 2006:

    2012 CLIA Leadership ForumNovember 14, 2012

    Austin P. Olney, Partner

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    MARITIME LABOUR CONVENTION 2006

    Introduction

    EFFECTIVE ON 8.20.13

    5 TITLES

    Minimum requirements

    Employment conditions

    Living conditions

    Health & welfare

    Compliance & enforcement2

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    1. MLC 2006 HAS WIDE ACCEPTANCE

    Ratified by major flag registries,including:

    Bahamas

    Cyprus Liberia

    Panama

    Marshall Islands Singapore

    3

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    1. MLC 2006 HAS WIDE ACCEPTANCE (cont.)

    Ratified by major port states, including: Australia

    Canada

    Denmark Netherlands

    Norway

    Sweden OtherEU states to follow (CD

    2007/431/EC)

    4

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    2. MLC 2006 IS HISTORIC &

    COMPREHENSIVE

    Consolidates 37 ILO Conventions 4thPillar with SOLAS, MARPOL,

    STCW

    Direct obligations forship owners

    Level playing field

    A rights based regime

    5

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    2. MLC 2006 IS HISTORIC &

    COMPREHENSIVE (cont.)

    Seafarers Bill of Rights Right to collective bargaining

    Eliminates discrimination/victimization

    Right to safe & secure workplace

    Decent living & working conditions

    Health protection, medical care & welfare

    measures

    Fair employment

    6

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    2. MLC 2006 IS HISTORIC &

    COMPREHENSIVE (cont.)

    Broad definitions and scope Seafarer: Any person employed or working in

    any capacity on board

    Ship owner: Owner, operator, manager, agent,bareboat charterer

    Commercial ships 200 GT

    International voyages

    7

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    3. THE ENFORCEMENT REGIME IS UNIQUE

    Primary enforcement by flag states Tri-partite structure-social partners

    ML Certificates of Compliance (MLC)

    Inspections & enforcement by ROs

    Complaint procedures

    8

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    4. THE ML CERTIFICATE IS A KEY ELEMENT

    OF ENFORCEMENT

    Maritime Labor Certificate (MLC) 500 GRT Certifies compliance & measures for ongoing

    compliance

    5 year validity

    Declaration MLC Part I: Flag administration lists required measures

    Part II: Ship owner lists compliance measures Link to ISM Code: continuous improvement

    No MLC no sail

    9

    4 THE M CERTIFICATE IS A KEY E EMENT

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    4. THE ML CERTIFICATE IS A KEY ELEMENT

    OF ENFORCEMENT (cont.)

    MLC covers 14 areas that must be inspected(verified) by flag state or RO:

    Minimum age

    Medical certification

    Use of recruitment & placement services

    Qualifications of seafarers

    Employment agreements

    Hours of work or rest

    Manning levels

    10

    4 THE ML CERTIFICATE IS A KEY ELEMENT

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    MLC covers 14 areas that must be (verified)by flag state or RO:

    Accommodations

    On-board recreational facilities

    Food & catering

    Health & safety & accident prevention

    On-board medical care

    Payment of wages

    On-board complaint

    procedures

    11

    4. THE ML CERTIFICATE IS A KEY ELEMENT

    OF ENFORCEMENT (cont.)

    5 CLASS WILL ATTEND TO COMPLIANCE &

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    5. CLASS WILL ATTEND TO COMPLIANCE &

    ENFORCEMENT

    Flag states can delegate MLC inspections &

    investigations to ROs

    Class historically covers engineering & technical

    standards

    ROs will have authority to: Inspect in order to issue certificates

    Investigate complaints

    Compel correction of deficiencies

    Detain a vessel

    Pull the MLC

    12

    6 PORT STATES WILL SUPPLEMENT

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    6. PORT STATES WILL SUPPLEMENT

    COMPLIANCE & ENFORCEMENT Port State Members may inspect in normal

    course

    MLC & DMLC prima facie evidence of compliance

    Limited to review of MLC & DMLC except :

    Living & working condition violations

    Inspections in response to

    complaints

    Seafarers

    Trade unions

    Serious non-conformities

    Detention until non-conformities rectified

    13

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    7. ON-BOARD COMPLAINT PROCEDURES

    EMPOWER SEAFARERS

    Owners must: Notify seafarers of rights to file complaints

    Provide pertinent MLC documents

    Provide on-board impartial ombudsman Assure right for seafarer to be represented

    Prevent victimization

    Document procedures Report to social partners

    14

    7 ON BOARD COMPLAINT PROCEDURES

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    7. ON-BOARD COMPLAINT PROCEDURES

    EMPOWER SEAFARERS (cont.)

    Resolution at lowest level encouraged

    Immediate supervisor

    Up chain of command

    BUT, right to complain directly to:

    Master, or

    External Authorities

    Flag administration

    RO Inspector

    Port state

    Labor organization representative

    15

    8 SEAFARER COMP AINTS COU D DISRUPT

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    8. SEAFARER COMPLAINTS COULD DISRUPT

    OPERATIONS Flag state and PSC inspectors & ROs) are

    responsible for investigating seafarer complaints

    Inspect, examine, question, test or inquire

    Inspectors may require correction of deficiencies

    Inspectors may prohibit vessels from sailing if:

    Grounds to believe serious breach of MLC rights

    Significant danger to:

    Health

    Safety

    Security

    16

    CO C G G G S

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    9. COLLECTIVE BARGAINING AGREEMENTS

    ARE IN PLAY

    Member states must implement MLC through: National laws, regulations, or

    Other measures

    MLC can be met through standard:

    SEAs

    CBAs

    SEAs & CBAs may beaffected by national laws

    17

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    10. RISK MITIGATION SHOULD START NOW!

    Establish protocols for on-board complaintprocedures

    Record keeping practices

    Routine vs. serious complaints

    Involvement of social partners

    Special training for senior crew

    Conducting investigations

    Interviews

    Record keeping

    Confidentiality

    18

    10 RISK MITIGATION SHOULD START NOW!

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    10. RISK MITIGATION SHOULD START NOW!(cont.)

    Assess flag state adjudicatory relief Assess availability of remedies under U.S. law

    Establish rapid response plan:

    To mitigate risk of detentions To assist on-board investigations

    To anticipate collateral legal

    proceedings

    Appoint a response team

    Graduated response

    19

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    QUESTIONS?

    [email protected]

    www.hklaw.com

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