Maritime labour convention (MLC-2006)
Maritime labour convention (MLC-2006), which came in to force on the 20th august 2013, is a
mandatory certificate for almost all types of vessels now. Every ship of 500 GT or above and operating
internationally needs to have the Maritime Labour Certificate and Declaration of Maritime Labour
Compliance.
For ship’s staff facing MLC, 2006 survey for the first time, this article will help to prepare for and face the
survey successfully.
However, it is to note that MLC-2006 is for the protection and better safety and welfare of seafarers,
and therefore the preparation and inspection of the survey should be ethical to point out sub-standard
vessels and companies.
Mentioned below are few important points to consider before requesting a surveyor onboard for
inspection
1. Ensure DMLC-part-1 and DMLC-part-2 Are Always Present On Board: Make sure the Declaration of
Maritime labour convention-2006, DMLC-part-1 and DMLC-part-2 are signed by the company’s
Designated Person Ashore (DPA) or manager and are retained onboard. These two documents are
extremely important for the inspection. DMLC certificates must be present on board all the time.
DMLC-Part 1 is to be completed by the attending surveyor and will identify the topics for inspection, and
list the relevant pieces of legislation implementing the MLC, 2006 together with any substantial
equivalents and exceptions that have been granted.
DMLC-Part 2 has to be completed by the ship owner and verified by the attending surveyor when the
first inspection is completed. It details the measures adopted by the shipowner to ensure ongoing
compliance with the national requirements.
An MLC survey covers 16 items
Minimum age
Medical certification
Qualifications of seafarers
Seafarers' employment agreements
[Link]
Use of any licensed or certified or regulated private recruitment and placement services
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages
Financial security for repatriation
Financial security relating to ship owners’ liability
A copy of DMLC must be posted at a place on board which is accessible to all seafarers.
2. Ensure Crew is provided with Onboard Complaint Procedure: Crew complaint procedure, which
includes record of crew complaints, to be maintained on board. Complaint procedure guide, with port
state and flag state address, also to be displayed where applicable and should be available for crew.
Seafarers should have the right to lodge a complaint directly with the master and also with appropriate
external authorities when necessary.
3. Ensure Signed Copy of Seafarer Employment Certificate is provided to All Seafarers: Seafarer
employment agreement (SEA), SEA should be in accordance with MLC 2006. Break down of wages,
deductions in wages, extension clause in case of a crew extending his/her contract, collective bargaining
agreement (CBA), crew complaint procedure etc. are to be mentioned properly as these are main areas
where SEA can be asked to be revised.
4. Collective Bargain Agreement Must Be Available On board: Collective Bargain Agreement (Usually
exists between shipowner and national seafarers’ union/ITF) is one of the most important documents
which has to be retained onboard and should be available to all crew mentioned on SEA.
This is the document which details all the terms and conditions of the crew employed on the ship. It
specifies entitlements such as pay (in the form of a wage scale), working hours, etc.
[Link]
5. Rest Hours Record Should Be Properly Maintained: Rest Hours, record of rest hour period should be
properly maintained onboard as recommended by the flag state. Care should be taken while filling the
rest hour period form and all personnel should have minimum of 10 hrs rest period in a day and 77 hrs
rest period on a week. The 10 hours rest period per day can be divided in to two periods – one of which
should be at least 6 hours continuous period of rest. For a person less than 18 years of age, night watch
or other duties at night is not allowed.
The rest hour form should be as per flag state format. Work Schedule and watch-keeping schedule
should be maintained and displayed on notice boards. This document should have information of watch
keeping while at sea and port and should also state non-watch keeping duties carried out, and hours of
rest period.
6. Maintain Record of Wage Bills Properly: Record of Wage Bill for every month should be maintained
and Wage Slips should be readily available with all crew in time of inspection. Both wage bill and wage
slip should quote salary breakdown, tax and other deductions if applicable.
7. Mess Committee Records- As per MLC-2006 every vessel should have a mess committee on-board
and meetings are to be conducted on regular intervals for crew suggestions and improvement of food
prepared. Record should be maintained of such meetings. Records of safety committee, although this is
a common document on every company’s ISM plan, should be available for the inspection of surveyor.
8. Ensure Certificates of qualification and training of cooks and catering staff is ready: Cook qualification,
MLC suggests that person who is designated as cook onboard, should be a person who is qualified as
cook from a recognized institute and should hold a Certificate of competency as cook and flag state
endorsement should be available for the same. The inspector often checks the qualification certificates
of the cook.
9. All Crew Qualification and Documents Must Be Available for Inspection – According to MLC, all crew
members working onboard should be qualified and have all official documents as per STCW, flag state
endorsements and equivalents. The minimum age limit for a person to work on board as per MLC-2006
is Sixteen years. Ensure all the certificates are available along with the originals for inspection if asked.
10. Valid Medical Certificate Should Be With Every Seafarer: Medical Certificates of crew on board
should be valid and meet the international standards required by ILO/ WHO guidelines and cover
hearing, sight, color vision etc. Every seafarer has to submit medical certificate to the master. Ensure
that the certificate is not expiring during the period of voyage.
[Link]
11. Safe Manning Certificate Must Be Available for Inspection: Master should make sure the vessel is
manned as per safe manning certificate issued by the flag state and a copy of safe manning certificate
must be available to the MLC surveyor inspection. The certificate is made by the company and approved
by the Flag State.
12. A Copy of Recruitment and Placement Service Certificate Should Be Available Onboard : As per MLC
a copy of agreement between the owner and RPS Company should be available on board and the
manning agency should follow the guidelines of MLC-2006 and national labour laws for recruitment. In
case of ownership employment a licensed manning agency is not required, provided that owner has to
recruit as per MLC – 2006 and national labour laws recommendations.
13. Prepare For Crew Interview: It is the most important and critical aspect of MLC inspection. All crew
from top to bottom will be interviewed. The inspector will ask the crew (rating) regarding working
condition, food, treatment, facility on board and the surveyor will probe the crew if he/she is satisfied
and happy with wages paid. Apart from this, crew should be aware of their SEA, CBA etc. He will also
emphasize on knowledge of crew regarding safe work practices, pollution regulations or anything
related and applicable. For successful crew interview the master can arrange a meeting prior inspection
and can give his advice and prepare the crew for inspection, (personal opinion) but not a necessity.
14. Ensure proper Housekeeping and Cleanliness of Accommodation, Galley and Mess room: Inspection
of House Keeping and hygiene, galley, mess room, dry and perishable provision stores, reefers, cabins
and common toilets will be made by the MLC auditor. All these places should be neat, tidy and hygienic.
It is always better to double check the toilet flushes and lights on cabins and in accommodation area,
because this might result in huge Non-conformity if these items are faulty.
The inspector might also ask regrading recreation facilities available onboard ships. He would also check
medical supplies for on board medical care of seafarers and if the person responsible for medical care is
trained properly or not.
15. All Important Certificates Must Be Available for Inspection: Copies of medical chest certificate,
derating certificate, safety construction, crew accommodation certificate, ship’s registry, continuous
synopsis record etc. have to be available for MLC auditor’s reference. Also make sure the IMO
publications and other required documents are present onboard at the time of survey.
Mentioned above is not an exhaustive list, but some of the most important points that must not be
forgotten at the time of MLC 2006 Survey.
Documents required to be maintained onboard for Maritime Labour Certificate (MLC 2006)
[Link]
– Declaration of Maritime Labour Compliance, Parts I and II
– Maritime Labour Certificate
– Recent Inspection report
– Evidence proving that all seafarers onboard are above sixteen (16) years of age
– Evidence showing the crewing agencies comply with the MLC requirements
– A Medical Certificate of maximum one year validity for seafarers under 18 years of age
– A Medical Certificate of maximum two years validity for seafarers above 18 years of age
– Evidence proving no dangerous work or night time work being undertaken for seafarers under 18
years of age
– A Seafarer’s Employment Agreement (SEA), signed by the seafarer and ship owner or an authorized
representative
– A copy of CBA or Collective Bargaining Act and its English version
– A valid COC or Certificate of Competency and valid training certificates for all seafarers onboard
– Records of training in personal safety and safety meetings held onboard
– Records of all accidents, incidents, investigations and consequent analysis onboard
– Records of seafarer’s familiarisation and the records for seafarer’s rest / work hours
2014 MLC Amendments will enter into force on 18 January 2017
The 2014 amendments to the Maritime Labour Convention (MLC), 2006 which relate to financial
security of seafarers in cases of abandonment (Reg 2.5), and contractual claims for compensation in the
event of a seafarer’s death or long term disability due to an operational injury, illness or hazard (Reg 4.2)
will enter into force on 18 January 2017. A copy of 2014 MLC amendments is available at [Link].
As of 18 January 2017, each ship must carry on board a certificate or other documentary evidence of
financial security to comply with these new provisions. Information regarding contents of the certificate
or other documentary evidence is provided in the new Appendix A2-1 and A4-1.
Ship owners should amend the DMLC Part II once the relevant flag State has re-issued the DMLC part I to
address these new MLC provisions. This should be done at the earliest opportunity, but no later than
the first MLC Renewal Inspection due after 18 January 2017 at which time these new provisions will be
verified.
[Link]
