Maritime Labour Convention Seafarers Bill of Rights What

Maritime Labour Convention Seafarers’ Bill of Rights What does it mean for us? www. itfglobal. org

Why was the MLC adopted? • Seafarers need special protection • MLC provides comprehensive rights and protection • Tool to balance the maritime industry • Long term benefits for Employers and Seafarers • ‘Fourth pillar’ of international maritime regulatory regime, beside the key IMO SOLAS, MARPOL & STCW • Set minimum requirements to work on a ship • Strengthen enforcement mechanisms at all levels SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Key issues for the ITF affiliates • Protect fundamental and seafarers’ rights • Maintain principles in existing ILO Conventions • Enforceable minimum labour standards • Definition of seafarers/Shipowner • Social security protection • Real enforcement and control SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Fundamental Rights and Principles a) Freedom of association and the effective recognition of the right to collective bargaining b) Elimination of all forms of forced or compulsory labour c) Effective abolition of child labour d) Elimination of discrimination in respect of employment and occupation SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Seafarers’ Employment and Social Rights As a bare minimum every seafarer has the right to: a) Safe and secure workplace that complies with safety standards b) Fair terms of employment c) Decent working and living conditions d) Health protection, medical care, welfare measures and other forms of social protection SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Structure of the MLC • • 1. 2. 3. 4. 5. Articles- set out the principles and obligations. Regulations, Standards (Part A) and Guidelines (Part B) in the Code integrated/organized under five Titles: Minimum requirements for seafarers to work on a ship Conditions of employment Accommodation, recreational facilities, food and catering Health protection, medical care, welfare and social security protection Compliance and enforcement SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

To whom MLC applies/ does not apply • Seafarer - any person who is employed/engaged works in any capacity on a ship covered by the MLC • The MLC applies to all ships [and seafarers] publicly or privately owned engaged in commercial activities • Smaller ships (below 200 gt ) may be exempted • The Convention does not apply to inland waters; fishing vessels, traditional builds and warships SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

MLC requirements • Minimum age • Medical certification • Qualifications of seafarers • Recruitment and placement • Seafarers’ employment agreements • Wages • Hours of work and hours of rest SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

What must be in your employment agreement? • • • Your full name, date of birth/age; place of birth Shipowner’s name and address Where and when the agreement was signed Position on board Your wages and how they are calculated Amount of paid annual leave SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

What must be in your employment agreement? • • • Conditions for terminating the contract Expiry date/duration of contract Health/ social security benefits provided Entitlement and details to repatriation Reference to the CBA, if applicable Any other details required by national law SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Wages • You have the right to be paid regularly and in full • Basic pay or wages - pay for normal hours of work • The ILO minimum wage for ABs • Overtime • Keep your own copy of overtime • Sending money home • Your entitlements SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Hours of work and hours of rest • Normal working hours - 8 -hour day/one day of rest • Maximum hours of work – No more than 14 hours in any 24 -hour period – No more than 72 hours in any seven-day period • Minimum hours of rest – at least 10 hours of rest in any 24 -hour period – at least 77 hours rest in any seven-day period • Table with shipboard working arrangements SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

MLC requirements cont/… • • Entitlement to leave Repatriation Seafarer compensation (ship’s loss or foundering) Manning levels of the ship Accommodation On-board recreational facilities Food and catering SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

MLC requirements cont/… • • Health and safety and accident prevention On-board medical care Shipowners’ liability Health and safety protection/ accident prevention Access to shore-based welfare facilities Consulates Social security SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Safeguarding your rights • • TITLE 5: Compliance and Enforcement – Flag State responsibilities – Port State responsibilities – Labour-supplying responsibilities Maritime labour Certificate/ DMLC Inspection and enforcement On-board complaint procedures SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

Inspections in port/ Port State Control • • • Inspections in port More detailed inspection can be carried out when: – the documents are not produced/ invalid/ falsified – grounds for believing that the working and living conditions are substandard – the ship has attempted to avoid compliance – a complaint by a seafarer, trade union, person interested in safety and health of seafarers/ their ship Examples of circumstances that may require detention SEAFARERS’ BILL OF RIGHTS www. itfglobal. org

ITF/Affiliates/ Seafarers Prospective • We all need the MLC ratified and implemented • MLC will help to improve your living and working conditions on board • MLC is giving the minimum standards only • For further information www. itfseafarers. org • Questions please? SEAFARERS’ BILL OF RIGHTS www. itfglobal. org