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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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