MLC Shipowner Training. SESSION 2 THE ARTICLES AIM To provide a general familiarity with the Articles of the MLC,2006.
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MLC Shipowner Training
SESSION 2
THE ARTICLES
AIM
• To provide a general familiarity with the Articles of the MLC,2006
Structural overview of the Convention
1st level: Articles
2nd level: Regulations
3rd level: A two-part Code
- Part A: Mandatory Standards
- Part B: Non-mandatory Guidelines
Plus – The explanatory note
Example of vertical integration (extracts)
• Regulation 1.2 – Medical certificatePurpose: To ensure that all seafarers are medically fit to perform their duties at sea1. Seafarers shall not work on a ship unless they arecertified as medically fit to perform their duties.
• Standard A1.2 – Medical certificate1. The competent authority shall require that, prior to beginning work on a ship, seafarers hold a valid medical certificate attesting ...
• Guideline B1.2 – Medical certificate• Guideline B1.2.1 – International Guidelines
1. The competent authority ... should follow…
Who or what does the MLC,2006 apply to?
• Who or what does the MLC, 2006 apply to?
• Article II - Seafarers - all persons working on a ship (to which the Convention
applies) - Ships - all ships, ordinarily engaged in commercial activities except
for:– ships exclusively in inland waters, etc;– ships engaged in fishing etc;– warships and ships of traditional build.
- Shipowner - the owner of the ship or another organization or person that has assumed the responsibility for the operation of the ship, e.g. manager, agent, bareboat charterer
Flexibilities under the MLC,2006
• Part B of the code.• Substantial equivalence.• Exemptions.• In the event of doubt - seafarers or ships
Seafarers’ rights – fundamental rights and principles
• Article III - freedom of association and collective
bargaining; - elimination of forced labour; - effective abolition of child labour; - elimination of discrimination in respect of
employment and occupation.
Seafarers’ rights – employment and social rights
• Article IV - a safe and secure workplace - fair terms of employment - decent working and living conditions on board health protection, medical care
social protection
Implementation and enforcement
Article V
- Three kinds of international responsibilities:
1. Flag State (Title 5, Regulation 5.1)
2. Port State (Title 5, Regulation 5.2)
3. Labour Supply (Title 5, Regulation 5.3)
Entry into force
Article VIII• Initial entry into force;• Entry into force for each
Member State.
Keeping the Convention up to date
Article XIII– Special Tripartite Committee
– Accelerated amendment procedure
– Filling a gap in tripartite consultation
Any questions???
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