MARITIME LABOUR CONVENTION, 2006

1 INTERNATIONAL LABOUR CONFERENCE MARITIMELABOUR convention , 2006 16x24cmE Page -3 Monday, April 10, 2006 1:51 PM 16x24cmE Page -2 Monday, April 10, 2006 1:51 PM INTERNATIONAL LABOUR CONFERENCE MARITIMELABOUR convention , 2006 16x24cmE Page -3 Monday, April 10, 2006 1:51 PM INTERNATIONAL LABOUR CONFERENCE Contents Page MARITIME LABOUR convention , 2006 .. 1 Preamble .. 1 General obligations .. 2 Article I .. 2 Definitions and scope of application .. 2 Article II .. 2 Fundamental rights and principles .. 4 Article III .. 4 Seafarers employment and social rights .. 4 Article IV .. 4 Implementation and enforcement responsibilities .. 4 Article V .. 4 Regulations and Parts A and B of the Code.

2 5 Article VI .. 5 Consultation with shipowners and seafarers organizations .. 6 Article VII .. 6 Entry into force .. 6 Article VIII .. 6 Denunciation .. 6 Article IX .. 6 Effect of entry into force .. 6 Article X .. 6 Depositary functions .. 8 Article XI .. 8 Article XII .. 8 Special Tripartite Committee .. 8 Article XIII .. 8 Amendment of this convention .. 8 Article XIV .. 8 Amendments to the Code .. 9 Article XV .. 9 Authoritative languages .. 11 Article XVI .. 11 Explanatory note to the Regulations and Code of the MARITIME LABOUR convention .. 12 iii 16x24cmE Page 3 Tuesday, April 11, 2006 4:01 PM MARITIME LABOUR convention , 2006 Title 1.

3 Minimum requirements for seafarers to work on a ship .. 17 Regulation Minimum age .. 17 Regulation Medical certificate .. 18 Regulation Training and qualifications .. 19 Regulation Recruitment and placement .. 20 Title 2. Conditions of employment .. 25 Regulation Seafarers employment agreements .. 25 Regulation Wages .. 27 Regulation Hours of work and hours of rest .. 30 Regulation Entitlement to leave .. 33 Regulation Repatriation .. 35 Regulation Seafarer compensation for the ship s loss or foundering .. 38 Regulation Manning levels .. 38 Regulation Career and skill development and opportunities for seafarers employment.

4 39 Title 3. Accommodation, recreational facilities, food and catering .. 41 Regulation Accommodation and recreational facilities .. 41 Regulation Food and catering .. 51 Title 4. Health protection, medical care, welfare and social security protection .. 54 Regulation Medical care on board ship and ashore .. 54 Regulation Shipowners liability .. 58 Regulation Health and safety protection and accident prevention .. 60 Regulation Access to shore-based welfare facilities .. 67 Regulation Social security .. 70 Title 5. Compliance and enforcement .. 73 Regulation Flag State responsibilities .. 73 Regulation General principles.

5 73 Regulation Authorization of recognized organizations .. 74 Regulation MARITIME LABOUR certificate and declaration of maritimelabour compliance .. 76 Regulation Inspection and enforcement .. 80 Regulation On-board complaint procedures .. 84 Regulation Marine casualties .. 85 Regulation Port State responsibilities .. 86 Regulation Inspections in port .. 86 Regulation Onshore seafarer complaint-handling procedures .. 88 Regulation LABOUR -supplying responsibilities .. 90 Appendix A5-I .. 91 Appendix A5-II .. 92 Appendix A5-II I .. 102 Appendix B5-I EXAMPLE of a national Declaration .. 103 iv 16x24cmE Page 0 Monday, April 10, 2006 1:51 PM 1 MARITIME LABOUR convention , 2006 P REAMBLE MARITIME LABOUR convention , 2006 The General Conference of the International LABOUR Organization,Having been convened at Geneva by the Governing Body of the Inter-national LABOUR Office, and having met in its Ninety-fourth Session on 7 Feb-ruary 2006, andDesiring to create a single, coherent instrument embodying as far as poss-ible all up-to-date standards of existing international MARITIME LABOUR Conven-tions and Recommendations, as well as the fundamental principles to be found inother international LABOUR Conventions, in particular.

6 The Forced LABOUR convention , 1930 (No. 29); the Freedom of Association and Protection of the Right to OrganiseConvention, 1948 (No. 87); the Right to Organise and Collective Bargaining convention , 1949(No. 98); the Equal Remuneration convention , 1951 (No. 100); the Abolition of Forced LABOUR convention , 1957 (No. 105); the Discrimination (Employment and Occupation) convention , 1958(No. 111); the Minimum Age convention , 1973 (No. 138); the Worst Forms of Child LABOUR convention , 1999 (No. 182); andMindful of the core mandate of the Organization, which is to promote decentconditions of work, andRecalling the ILO Declaration on Fundamental Principles and Rights atWork, 1998, andMindful also that seafarers are covered by the provisions of other ILOinstruments and have other rights which are established as fundamental rightsand freedoms applicable to all persons, andConsidering that, given the global nature of the shipping industry, seafarersneed special protection, andMindful also of the international standards on ship safety, human securityand quality ship management in the International convention for the Safety ofLife at Sea, 1974.

7 As amended, the convention on the International Regulationsfor Preventing Collisions at Sea, 1972, as amended, and the seafarer training andcompetency requirements in the International convention on Standards ofTraining, Certification and Watchkeeping for Seafarers, 1978, as amended, and 16x24cmE Page 1 Monday, April 10, 2006 1:51 PM 2 MARITIME LABOUR convention , 2006 Recalling that the United Nations convention on the Law of the Sea, 1982,sets out a general legal framework within which all activities in the oceans andseas must be carried out and is of strategic importance as the basis for national,regional and global action and cooperation in the marine sector, and that itsintegrity needs to be maintained, andRecalling that Article 94 of the United Nations convention on the Law ofthe Sea, 1982, establishes the duties and obligations of a flag State with regard to,inter alia, LABOUR conditions, crewing and social matters on ships that fly its flag.

8 AndRecalling paragraph 8 of article 19 of the Constitution of the InternationalLabour Organisation which provides that in no case shall the adoption of any Con-vention or Recommendation by the Conference or the ratification of any Conven-tion by any Member be deemed to affect any law, award, custom or agreementwhich ensures more favourable conditions to the workers concerned than thoseprovided for in the convention or Recommendation, andDetermined that this new instrument should be designed to secure the widestpossible acceptability among governments, shipowners and seafarers committed tothe principles of decent work, that it should be readily updateable and that itshould lend itself to effective implementation and enforcement, andHaving decided upon the adoption of certain proposals for the realizationof such an instrument, which is the only item on the agenda of the session, andHaving determined that these proposals shall take the form of an inter-national convention ;adopts this twenty-third day of February of the year two thousand and six the followingConvention, which may be cited as the MARITIME LABOUR convention , 2006.

9 G ENERAL OBLIGATIONS Article I 1. Each Member which ratifies this convention undertakes to give completeeffect to its provisions in the manner set out in Article VI in order to secure the rightof all seafarers to decent Members shall cooperate with each other for the purpose of ensuring theeffective implementation and enforcement of this convention . D EFINITIONS AND SCOPE OF APPLICATION Article II 1. For the purpose of this convention and unless provided otherwise in par-ticular provisions, the term:(a) competent authority means the minister, government department or other author-ity having power to issue and enforce regulations, orders or other instructions hav-ing the force of law in respect of the subject matter of the provision concerned; 16x24cmE Page 2 Monday, April 10, 2006 1:51 PM 3 MARITIME LABOUR convention , 2006 (b) declaration of MARITIME LABOUR compliance means the declaration referred to inRegulation.

10 (c) gross tonnage means the gross tonnage calculated in accordance with the tonnagemeasurement regulations contained in Annex I to the International Conventionon Tonnage Measurement of Ships, 1969, or any successor convention ; forships covered by the tonnage measurement interim scheme adopted by the Inter-national MARITIME Organization, the gross tonnage is that which is included inthe REMARKS column of the International Tonnage Certificate (1969);(d) MARITIME LABOUR certificate means the certificate referred to in Regulation ;(e) requirements of this convention refers to the requirements in these Articles andin the Regulations and Part A of the Code of this convention ;(f) seafarer means any person who is employed or engaged or works in any capacityon board a ship to which this convention applies;(g) seafarers employment agreement includes both a contract of employment andarticles of agreement;(h) seafarer recruitment and placement service means any person, company, institu-tion, agency or other organization, in the public or the private sector, which is en-gaged in recruiting seafarers on behalf of shipowners or placing seafarers withshipowners.