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Maritime Labour Convention: Compliance Essentials for Flag States

Explore the implications of the Maritime Labour Convention for administrations as flag states, port state control, shipowner obligations, and more. Learn about labor law, ILO structure, and MLC instruments.

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Maritime Labour Convention: Compliance Essentials for Flag States

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  1. ILS CONFERENCE – MARITIME LABOUR CONVENTION Introduction

  2. Thursday, 09 May 20130900-1030 Introduction1030-1100 Coffee1100-1230    Implications for Maritime Administrations as a Flag State 1230-1330 Lunch1330-1500 Port State Jurisdiction and Port State Control 1500-1530 Coffee1530-1700 ShipownerObligations under the MLC

  3. Friday, 10 May 20130900-1000 Documents and Certificates under the MLC 1000-1130 Contractual Issues for Shipowners1130-1200 Coffee1200-1330 Safety Regulatory Issues: The Role of RecognisedOrganisations under the MLC 

  4. BACKGROUND • Labour law is of a hybrid nature, consisting of a regulatory law element, being an important matter of public socioeconomic policy and a private law element because it is contractual in nature. • The legal process involves an administrative law element containing appropriate administrative law remedies

  5. International Labour Organization (ILO) • ILO as the oldest UN specialized agency (founded 1919), with its own charter • Tripartite structure (representations from government, employers, labour)

  6. ILO structure • Governing Body • JMC – bipartite body consisting of representatives of shipowners and seafarers; chaired by GBody chairman • International Labour Conference (maritime session) at 8-12 year intervals • Scheme of ILO instruments: conventions and recommendations • Forum for development of international labour law, including maritime labour law

  7. ILO instruments • 40 conventions relating to seafarers and numerous recommendations (over 30 pertain directly to seafarers) • ILO instruments are implemented through national legislation and in appropriate cases, through collective agreements

  8. Structure of MLC • Consists of • Preamble • 16 Articles identified by Roman numerals • 5 Titles identified under Arabic numerals, under which there are regulations ranging from 1.1 to 5.3 • Under the Regulations, there is a Code consisting of “Standard” and “Guideline” • Standard = mandatory • Guideline = recommendatory

  9. Structure of MLC • Convention practices not fully in alignment with the Vienna Convention on the Law of Treaties, 1969 • Implications of the terms “Member”, “Ratification” and “Acceptance” (see, for example, Arts. XII and XIV)

  10. Structure of MLC • Definitions in Article 2 • Competent Authority • Seafarer • Ship • Shipowner

  11. MLC • The MLC consolidates 36 Conventions and one Protocol, adopted since 1920, which are listed in Article X • Three other maritime Conventions are not included. These are • seafarers' ID, 1958 (C108) & 2003 (C185) • seafarers' pension, 1946 (C71) • Minimum Age (Trimmers and Stokers), 1921 (C15).

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