MLC 2006 and its novel features

MARINE LABOUR CONVENTION:- MLC is an international labour convention adopted by ILO in its 94th session on 7th February 2006. It sets out seafarer rights to decent condition of work. It is now globally recognized as the fourth pillar of international regulatory regime along with SOLAS, MARPOL and STCW. It consolidates 68 ILO legal instruments relating seafarer accommodation, rest hours, medicals, repatriation, minimum age, condition of employment etc.
                      The convention is organized into 3 main parts:-
1) Articles – which set out the broad principles and obligations
2) Regulations and Codes – with two parts
    Part A :- Mandatory
    Part B:- Non- mandatory
                                  These are integrated and organized into five titles:-
1) TITLE 1:- Minimum requirement for seafarers to work on a ship
a) Age – Minimum age is 16 years
b) Medical certificate – Seafarer should be medically fit
c) Training and qualification – Seafarer should be duly trained and certified to work on board ship.
d) Recruitment and placement – License to agencies
2) TITLE 2:- Conditions of employment
a) Seafarer employment agreement
b) Wages
c) Hours of work and hours of rest
d) Entitlement to leave
e) Repatriation
f) Seafarer compensation for the ship’s loss or foundering
g) Manning levels
h) Career and skill development and opportunities for seafarer employment
3) TITLE 3:- Accommodation, recreation facilities, food and catering
a) Accommodation and  recreation facilities
b) Food and catering
4) TITLE 4 :- Health protection, medical care, welfare and social security protection
a) Medical care on board ship and ashore
b) Ship owner’s liability
c) Health and safety protection and accident protection
d) Access to shore based welfare facilities
e) Social security
5) TITLE 5 :- Compliance and enforcement
a) Flag state responsibilities – Flag state will issue two certificates after survey
i) Maritime labour certificate
ii) Maritime labour compliance
b) Port state responsibilities
On 20th august 2012 Russia and Philippines signed and ratified MLC 2006. This made 30 countries with 60% of world tonnage who had ratified the convention and thus it will come in force on 13th august 2013.
             Existing ILO convention will phase out as ILO members ratify the new convention. There will be a transition period when some parallel convention will be in place. Countries those do not ratify the MLC 2006 convention will be bound by the existing conventions.
NOVEL FEATURES OF MLC 2006:-
1) It is a single instrument covering all aspects – 68 key ILO conventions and recommendations consolidated.
2) A tripartite maritime committee in ILO
3) Accelerated amendment procedure enabling amendments to come into force within 3- 4 years of their proposals.
4) On board and on shore complaint procedures for rapid resolution of problems
5) Modernized management based on an approach to occupational safety and health
6) Any state ratifying this convention will be bound by it up to 10 years after coming into force. Within next year if member does not denounce it, it will be again bounded to next 10 years.
7) No more favourable treatment to non ratifying countries
8) Novel structure with code broken into two parts i.e. A—mandatory and B – non mandatory.