ILO MLC Frequently Asked Questions

The ILO Maritime Labour Convention (MLC) entered into force in August 2013. This page
contains questions about the MLC to help shipowners and operators ensure compliance.

For the full text of the ILO Maritime Labour Convention, 2006 (MLC) click here

For an up-to-date list of MLC ratifications click here

For information on ILO training courses on the ILO MLC click here

GENERAL QUESTIONS

 What is the Maritime Labour Convention, 2006 (MLC, 2006)?

The MLC is a comprehensive international employment Convention adopted by the

ILO International Labour Conference in February 2006.

It contains seafarers’ rights to decent conditions of work and creates conditions of fair
competition for shipowners. It will be globally applicable, easily understandable, and
up to date and uniformly enforced and become the global 4th pillar of the
international regulatory regime for quality shipping, alongside SOLAS, STCW and
MARPOL.

It provides a comprehensive set of global standards, based on previous ILO maritime

labour instruments (Conventions and Recommendations), adopted between 1920 and
1996. Combining all but four existing maritime labour instruments into a single
Convention with a new format, and updating them to reflect modern conditions and
language. It consolidates and revises previous existing international law on all
matters.

 Why was a new Convention needed?

Seafarers have not always worked under acceptable conditions, affecting their health
and safety, well-being, and safety of board ships. Since their working lives are spent
outside the home country and their employers are also often abroad, effective
international standards are necessary. Standards must be implemented nationally,
particularly by governments with a ship registry authorizing ships to fly their flag
(flag States). This is used to ensure safety and security of ships and protecting the
marine environment. Many flag States and shipowners actively provide their
seafarers with decent conditions of work but face unfair competition by being
undercut by shipowners operating substandard ships.

A joint resolution in 2001 by the international seafarers’ and shipowners’

organizations, later supported by government recognised shipping as the world’s first
genuinely global industry requiring an international regulatory set of
appropriate global standards for the industry. ILO was asked to develop an instrument
consolidating most of its existing instruments to make them more relevant to all
stakeholders needs. The plethora of existing maritime Conventions were very
detailed, difficult for governments to ratify and enforce, out dated and did not reflect
 contemporary working and living conditions on board ships. Many were poorly
ratified and there was a need for more effective enforcement and compliance to
eliminate substandard ships to work within the established IMO enforcement system
of international standards. The MLC specifically addresses these concerns and
protects seafarers through national level implementation.

 What are the basic aims of the MLC?

o To ensure comprehensive worldwide protection of the rights of seafarers
rights;
o To establish a level playing field for countries and shipowners committed to
providing decent working and living conditions for seafarers, protecting them
from unfair competition from substandard ships.
 Who is a seafarer?

The MLC covers all seafarers working on board ships including those from non-
ratifying countries. It covers everyone working at sea. . Previously it was unclear if all
personnel, particularly those not directly involved in navigating or operating a ship
such as those on board passenger ships were considered seafarers. In cases of doubt
as to whether personnel are considered as seafarers the ILO produced a resolution for
flag states to use to consider whether they would make any specific exclusions. It is
therefore appropriate to review flag state requirements to make such a determination.

The MLC encompasses continuous compliance awareness using national and

international systems of protection. It covers:

• individual seafarers being properly informed of their rights and remedies available
for alleged non-compliance with Convention requirements and recognises the right to
make complaints, both on board ship and ashore.

• shipowners that own or operate ships of 500 GT +, engaged in international voyages

or voyages between foreign ports required to develop and conduct plans to ensure
compliance with applicable national laws, regulations or other measures to
implement the Convention.

• ships masters who are responsible for conducting the shipowners’ stated plans, and
to keep records showing implementation of the requirements.

The flag State (or recognized organization) will review shipowners’ plans to verify
and certify they exist and are implemented. Ships must carry a maritime labour
certificate and declaration of maritime labour compliance on board as part of its
updated labour inspection responsibilities for ships of 500 GT + engaged in
international voyages or voyages between foreign ports.

Flag States must also respect national laws and regulations implementing standards
for smaller ships not covered by certification.

They will periodically assess effectiveness of national compliance systems, and report
to ILO under Article 22 of its Constitution providing information on inspection and
certification systems, including quality assessment methods. The general inspection
system (based on ILO Convention No. 178 ) has procedures for labour supply
 countries, which also report under Article 22. This is further reinforced by voluntary
measures for inspections in foreign ports (port State control).

 What is the “no more favourable treatment” clause

This tries to ensure a level playing field for ships of ratifying countries not to be
competitively disadvantaged by ships from non- ratifying countries. Although it could
apply in various situations, it primarily relates to port State control, for ships flying a
foreign flag and calling at a port of a ratifying country.

 What is new?

The MLC differs from traditional ILO Conventions and comprises: Articles
establishing broad principles and obligations; more detailed Regulations and Code
(Parts A and B) provisions. Regulations and Standards (Part A) and Guidelines (Part
B) are within five Titles, which cover areas within 37 maritime labour Conventions
and associated Recommendations, updating them where necessary. A few new topics
are included to meet contemporary occupational safety and health concerns, such as
effects of noise and vibration or other workplace risks, but it mostly maintains
existing standards, whilst leaving countries greater discretion to formulate national
laws to establish the level of protection.

Flag State inspection provisions, including use of recognized organizations expand

upon the ILO maritime labour inspection Convention (No. 178). Potential for
inspections in foreign ports (port State control) relies on existing maritime
Conventions, particularly Convention No. 147 – the Merchant Shipping (Minimum
Standards) Convention, IMO Conventions and regional port State control agreements.
These give a clear approach for important issues, mirroring other international
maritime Conventions establishing standards for ship safety, security and protecting
the marine environment. A new aspect is certification of seafarers on board living and
working conditions.

 Is an armed guard a seafarer?

This will depend on flag state rules and regulations. Various flag states have
following consultations with their social partners decided to exclude armed guards.

 Are personnel primarily employed to work on offshore drilling rigs and

platforms seafarers?

This will depend on flag state rules and regulations. A number of flag states have
following consultations with their social partners decided to exclude them.

 Are entertainment staff on board a vessel seafarers?

If the entertainers perform other duties on board the vessel including drills they are
considered to be seafarers. Flag States may make exemptions where an entertainer is
being employed to perform a specific cabaret act for a very short limited time e.g.
Celine Dion.
 What do the titles cover?

The Regulations, Standards (Part A) and Guidelines (Part B) are contained in five
Titles:

1: Minimum requirements for seafarers to work on a ship

2: Conditions of employment
3: Accommodation, recreational facilities, food and catering
4: Health protection, medical care, welfare and social security protection
5: Compliance and enforcement

 Does the MLC directly apply to shipowners, ships and seafarers?

It relies on implementation by countries through national laws or other measures

applied to shipowners, seafarers and ships. It contains minimum standards for all
ratifying countries to implement through national standards or requirements and
overseen by the ILO supervisory system committee of Experts.

 What measures must each country take to ensure proper application of the
MLC?

Implementation of a seafarer’s employment and social rights may be achieved by

national laws or regulations, applicable collective bargaining agreements, other
measures or practice, unless specified otherwise by requiring countries to adopt
national laws and regulations to implement the provisions. Countries can determine if
a particular provision should be in a law, regulation or subsidiary legislation
(administrative orders / official marine notices).

A country may decide certain matters are handled better through other legal measures
or collective bargaining agreements or through internal administrative instructions.
Countries may determine no further legal measures are required if rights already exist
in laws applied by national courts.

 What is the Code?

The MLC comprises three sections: Articles, setting out broad principles and
obligations followed by Regulations and a Code, relating to areas of seafarers
working and living conditions, inspection and compliance. The Regulations, are
complemented by a more detailed Code: Part A Standards and Part B Guidelines. The
provisions are all arranged by subject thus a title comprises Regulations, then the
Standard and finally the Guidelines.

 What is the difference between Articles, Regulations, Standards and Guidelines?

Ratifying countries must comply with all MLC provisions or consider the Guidelines.
The Articles contain :

• general statements of principles, obligations and rights with specific details within
the Regulations and Code;
 • provisions relating to legal aspects of operation and application such as definitions,
amendments and entry into force and establishment of the Special Tripartite
Committee.

 What is a substantially equivalent provision?

A national provision implementing MLC rights and principles differently from within
Part A may be considered substantially equivalent if a Member is satisfied that
relevant legislation or other implementing measures fully achieve the general object
and purpose and give it effect. A Member must be satisfied that the objective of
implementing principles and rights within the Regulations is adequately achieved
other than as shown in Part A. Substantial equivalents adopted must be stated in Part I
of the declaration of maritime labour compliance carried on board.

 Why are there Part B Guidelines and what is their status?

Ratifying Countries must adopt national laws or take measures to ensure the
Regulations’ principles and rights are implemented in the Standards or in a
substantially equivalent way. In determining details of laws or other implementing
measures they must also duly consider Part B Guidelines. Once duly considered,
ratifying countries may implement mandatory provisions differently to suit national
circumstances but may need to explain to the ILO supervisory bodies why they did
not follow Part B guidance.

Implementation of Part B is not verified by port State inspectors. Part B recognises

firmness on principles and rights combined with flexibility in implementing principles
and rights to assist achieve wide-scale ratification. Many existing MLC provisions, to
implement basic seafarers’ rights were transferred to the Guidelines for states which
did not previously ratify the conventions.

 What are the 2008 ILO Guidelines, for flag State inspections and port State
control officers?

Guidelines, adopted in 2008, for flag State inspections under the Maritime Labour
Convention, 2006 and port State control officers carrying out inspections under the
Maritime Labour Convention provide authoritative guidance to assist countries
implement Title 5 . They have no special legal status and should not be confused with
Part B Guidelines, that ratifying countries must duly consider.

International guidelines, related national flag State inspection and certification

systems and national guidelines for flag State inspectors, will ensure harmonized
implementation. These can be found by clicking here.

International guidelines for port State inspection and national guidelines for port State
inspectors, will help ensure harmonized implementation. These can be found by
clicking here.

 Does the MLC require countries to honour the ILO fundamental Conventions?
 The ILO Governing Body has identified eight fundamental international labour
Conventions, covering subjects considered as fundamental principles and rights at
work:

o freedom of association
o effective recognition of the right to collective bargaining;
o elimination of all forms of forced or compulsory labour;
o effective abolition of child labour;
o elimination of discrimination in respect of employment and occupation.

These are within the Preamble. Article III requires ratifying Countries to ensure
national legislation provisions respect these fundamental rights. They are not required
to observe provisions of the fundamental Conventions themselves or report to ILO on
measures to give them effect. Countries that ratify the fundamental Conventions must
report to ILO on measures giving effect to obligations in all sectors of work, including
the maritime sector.

 Is the MLC easier for countries to ratify and to implement?

The ILO Constitution and many conventions recognise national circumstances

providing flexibility in application, to gradually improve protection, by considering
specific sectors and diverse national circumstances. Flexibility requires exercise
of transparency and accountability by a government to consult the social partners, and
report determinations to ILO. This ensures all countries, whatever the national
circumstances, engage with international law to respect and implement
international obligations as possible, whilst trying to improve conditions which is
particularly important for shipping.

The MLC provides additional sectoral national flexibility. It is strong on rights and
flexible on implementation and sets out seafarers basic rights, but leaves ratifying
countries flexibility to implement the standards in national laws. Unless specified
otherwise, national implementation may be through various ways, not necessarily
legislation; many details in Conventions which were difficult for some governments
wishing to ratify were placed in Part B; in certain circumstances, implementation of
Part A mandatory standards except Title 5 may be achieved through substantially
equivalent measures; Code detail application may be relaxed for smaller ships under
200 gross tonnage (GT) not on international voyages; while all ships covered must be
inspected to comply with flag State requirements administrations are not required to
certify ships under 500 GT unless the shipowner requests certification the MLC
expressly recognizes some flag States may use recognized organizations
(classification societies) to conduct aspects of ship inspection and certification;
provisions for ship construction and equipment will not apply to ships constructed
before the MLC comes into force for a particular country. Smaller ships (under 200
GT) may be exempt from specific accommodation requirements. Article VII handles
countries without national social partners to consult; provision is made for national
circumstances and bilateral, multilateral and other arrangements for social security.

 What is the entry into force date?

 The MLC entered into force on 20 August 2013 for the first 30 registered ratifications
on 20 August 2012 of ILO Members exceeding 33 per cent of the world gross tonnage
of ships. Since many Convention obligations are directed to shipowners and flag
States it is important for ILO Members with a strong maritime interest to ratify. The
current list of ratifying countries can be found by clicking here.

Will the MLC, 2006 be well ratified?

Various indicators suggest near universal ratification will ultimately be achieved:

• The vote to adopt the Convention by a record vote of 314 in favour and just two
abstentions;

• 1,000 participants from 106 countries contributed to a detailed review and fully
supported the MLC following lengthy international consultations between
governments, and the social partners to jointly produce a draft text prior to 2006;

• It blends firmness on rights and flexibility to implement technical requirements and

favours ships from ratifying countries;

• Ships of ratifying countries providing seafarers decent working conditions are

protected against unfair competition from substandard ships as certification should
minimise lengthy delays during inspections in foreign ports.

 Where would I get a list of countries that have ratified the MLC?

A list of countries that have ratified, and the date of entry into force for each country,
and other national information (click on the country name) is available on the ILO
MLC, 2006, website under the heading “Ratification and information on
implementation” under the link “MLC database” at: www.ilo.org/mlc.

 Why are some countries listed on the ILO MLC, 2006 website as ratifying when
the Convention is not yet in force?

The MLC, 2006, entered into force on 20 August 2013, 12 months after the date of
receipt of registered ratifications by at least 30 ILO Members with a total share in the
world gross tonnage of ships of at least 33 per cent. This requirement for initial entry
into force is within Article VIII, paragraph 3 of the MLC, 2006. It means that as of 20
August 2013 (when the requirements were met) the MLC, 2006, has entered into
force and is binding as a matter of international law for those 30 countries. . For
countries that ratified after 20 August 2012, as set out in Article VII, paragraph 4, the
Convention will enter into force 12 months after the date of the country’s ratification
is registered. Once this 12-month period after its registered ratification has passed, the
Convention will enter into force for the country. This is the usual practice for ILO
Conventions.

 What will happen to maritime labour Conventions adopted before 2006 and
which are replaced by the MLC?
 Existing ILO maritime labour Conventions will gradually be eliminated once
countries ratify the MLC. A transitional period will operate for some Conventions
alongside the MLC. Countries that ratify the MLC are not bound by existing
Conventions upon entry into force. Non ratifying countries remain bound by
Conventions they ratified. Previous Conventions will be closed to further ratification.
MLC Entry into force will not affect the four excluded maritime Conventions below
which are binding on ratifying States. Fishing and dock workers are also unaffected.
All maritime Conventions, adopted since 1920, are included except:

• the seafarers’ identity documents of 2003 (No. 185)

• the 1958 seafarers’ identity documents Convention (No. 108),

• the Seafarers’ Pension Convention, 1946 (No. 71) and

• the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15).

 How can the MLC be updated?

There are two amendment procedures, Article XIV for the whole MLC, and Article
XV to amend the Code. The Article XIV express ratification procedure mirrors
present procedures to revise Conventions. The section to be updated on a timely basis
– the Code on technical and detailed implementation of the basic obligations, can be
amended through an accelerated procedure (tacit acceptance) within Article XV. This
uses a well established IMO procedure and enables changes to come into effect for
all or almost all ratifying countries three to four years post proposal. It will provide a
more current Convention than existing ones. A ratifying Member is not bound by a
Code amendment entering into effect under Article XV, if it expresses formal
disagreement within two years.

 What is the Special Tripartite Committee?

Working of the Convention is continuously reviewed by The Special Tripartite

Committee. It will comprise two government representatives for each ratifying
country and representatives for the social partners . This Committee is important in
amending the Code. If faults are identified, or if the convention needs updating, the
Committee under Article XV can adopt amendments. Article VII also assists countries
without social partners to consult in implementing the Convention. The first meeting
of this committee took place in April 2014 and discussed amendments related to crew
claims and abandonment. These have now been prepared as texts for approval of the
International Labour Conference 2014.

 What is the status of the Preamble and the Explanatory Note in the MLC, 2006?

The Preamble, as in other international instruments provides information on the

aspiration and intentions, but does not contain binding legal obligations. The
Explanatory Note to the Regulations and Code, placed after the Articles, is also not
binding but provides an explanation for countries to comprehend the relationship
between differing sections and the nature of the various obligations.
 What does the Convention mean by the term Member?

“Member” or “each member” covers countries that are ILO members. In the MLC
context reference to Member/ Each Member refers to countries ratifying the
Convention, unless the MLC clearly refers to any Member of the Organization (e.g.:-
paragraph 2 Article XV).

 Who is the competent authority?

The competent authority is the minister, government department or other authority

that issues and enforces regulations, orders or other instructions and the force of law
for the provision concerned. It indicates government department(s) responsible for
implementation. Practices can vary between countries and multiple departments or
agencies can implement different aspects and be the competent authority for a
particular issue.

 Who is covered by the MLC, 2006?

It applies to all seafarers that is all persons employed or engaged or working in any
capacity on board a ship to which the Convention applies. This includes not just crew
navigating or operating the ship but also hotel personnel. In cases where it is unclear
if a group of workers are considered seafarers the national competent authority must
decide after consult in the social partners concerned. Resolution VII of the
International Labour Conference 2006 concerns information on occupational groups
to provide guidance on factors to consider making such determinations.

 Does the MLC, 2006 apply to cadets?

If cadets perform work onboard, although under training, they are considered
seafarers under the MLC provisions and principles.

 What ships does the MLC, 2006 apply to?

A ship is a ship other than one navigating exclusively in inland waters or waters
within or closely adjacent to sheltered waters or where port regulations apply except:

• ships engaged in fishing or in similar pursuits;

• ships of traditional build such as dhows and junks;

• warships or naval auxiliaries.

If doubts exist the national competent authority must make a determination after
consulting the social partners.

 When is a ship considered ordinarily engaged in commercial activities?

This is not defined but to be determined by the flag state, and subject to the oversight
of ILO Committee of Experts.
 What are sheltered waters?

This is not defined and is impossible to determine internationally as it considers each

State’s geographical or geological situation. The competent authority of a Member
ratifying the MLC through tripartite discussions must determine in good faith and take
into account the MLC objectives and the country’s physical features as to areas
covered and the distance closely adjacent to sheltered waters.

 Can a ratifying country exempt certain provisions of the MLC?

A few exemptions are possible but only if expressly permitted by the MLC (most
permitted exemptions are in Title 3, on accommodation). For ships under 200 gross
tonnage (GT) not on international voyages, a country may determine it is not
reasonable or practicable to apply certain details of the Code .

 Is there a general tonnage limitation?

There is no general tonnage limitation. A flag State can though apply some flexibility
in applying particular gross tonnage (GT) requirements. E.g.:- certification as well as
inspection of onboard working and living conditions is not mandatory for ships under
500 GT not on international voyages or voyages between foreign ports. Some
flexibility is based on gross tonnage for accommodation and also under Article II
paragraph 6.

 Does the MLC cover ships that do not go on international voyages?

It applies to all ships irrespective of tonnage or voyage other than ships navigating
exclusively in inland waters or waters within, or closely adjacent to, sheltered waters
or areas where port regulations apply. A flag State can apply some flexibility in
applying particular requirements based on the gross tonnage (GT) of ships and
voyages. E.g.:- the requirement for certification and inspection of working and living
conditions on a ship is not mandatory for ships under 500GT not taking international
voyages or voyages between foreign ports. A determination can also be made under
Article II paragraph 6. Ships or seafarers not on international voyages need not
comply with some requirements for English language documents such as medical
certificates.

 Are ships that already exist when the Convention is ratified by a country
excluded?

It applies to all ships covered by the MLC. However, structural technical requirements
for accommodation in Title 3 may not apply to ships constructed before entry into
force of the MLC for the country concerned.It applies to all ships covered by the
MLC. However, structural technical requirements for accommodation in Title 3 may
not apply to ships constructed before entry into force of the MLC for the country
concerned.

 Which Yachts are covered by the MLC?

 Yachts with defined ship operations unless of traditional build, expressly excluded or
not ordinarily engaged in commercial activities. Traditionally built yachts or those
built prior to the entry into force of the Convention would not be required to meet the
Accommodation requirements of Title 3.

 Does the Convention apply to offshore resource extraction or similar vessels?

Two factors determine if the MLC applies to offshore resource extraction or similar
vessels (e.g., MODUs and dredgers) or vessels that are not self-propelled:

• is the vessel considered a ship under relevant national law / location of its activities.
The MLC leaves this decision to states to refer to relevant national law or practice and
court decisions to determine;

• whether it should be a ship covered by the MLC, 2006 depends if it navigates

exclusively in inland waters or waters within or closely adjacent to sheltered waters or
areas where port regulations apply.

 Who is the shipowner?

A shipowner is the owner of the ship or another organization or person, E.g.:- the
manager, agent or bareboat charterer, assuming responsibility for ship operation from
the owner and who, on assuming such responsibility agrees to take over duties and
responsibilities imposed on shipowners under the MLC. This applies even if any other
organizations or persons fulfill certain duties or responsibilities for the shipowner.
Irrespective of the particular commercial or other arrangements regarding ship
operations a single entity, the shipowner, is responsible for seafarers living and
working conditions and it is also a requirement for the shipowner or their
representative to sign all seafarers’ employment agreements.

 How can a country ratify the MLC, 2006? What documents need to be filed?

Each country will have its internal procedures for the official transmission of
ratifications of international Conventions. Some countries choose to deposit the
instrument of ratification in person, others submit by mail or electronic mail. ILO
require an official instrument or communication of the ratification to be sent the
International Labour Office.

This instrument should contain or enclose the information required under the Standard
A4.5, paragraph 10, of the MLC, 2006, with respect to the social security obligations
under the Convention. A standard form for the instrument is available on the ILO
MLC, 2006, website at: www.ilo.org/mlc.

 Does the MLC, 2006, address the problem of piracy?

The MLC does not directly address piracy. However some provisions such as those
for occupational health and safety and repatriation, would apply to help protect
seafarers from some of the consequences.
 Does a country have to adopt national laws to ratify the MLC, 2006?

The answer depends on the country’s national legal system. The legal system in some
countries requires that all legislation be in place before ratification, while other legal
systems do not. The 12-month period between registered ratification and entry into
force is intended to allow countries to complete their measures for national
implementation before the Convention enters into force.

 Where can I get the contact information for the national competent authority
responsible for the MLC, 2006?

Information on the national competent authority for countries that have ratified the
MLC, along with other national information can be found on the ILO MLC, 2006,
website (www.ilo.org/mlc) under the heading “MLC database”

 What is the role of the ILO in implementing the MLC, 2006?

The ILO is an international organization created in 1919 and was the first specialized
agency to be designated by the United Nations. Its Members are countries that have
joined the Organization and its work is conducted through the International Labour
Office. As an international organization, the ILO does not implement international
law or directly regulate workers or employers (or shipowners, ships or seafarers) but
facilitates the development of international standards to promote and assist with
implementation by its Members at the national level. Under the MLC, 2006, the ILO
Director-General has some specific responsibilities regarding the receipt and
communication of information required by the Convention to be provided to ILO
Members. The ILO also reviews Members’ national implementation of ratified
Conventions through the oversight role taken by the Committee of Experts under the
ILO supervisory system established under the ILO Constitution.

 Is the MLC, 2006, relevant for shipowners registered in a country that has not
ratified the MLC, 2006?

MLC requirements do not directly apply to shipowners or ships flying the flag of
countries that have not ratified the Convention. However, Article V, paragraph 7, of
the MLC, 2006, contains what is often called the “no more favourable treatment
clause” It seeks to ensure a “level playing field” under which the ships flying the flag
of countries that have ratified the Convention will not be placed at a competitive
disadvantage as compared with ships flying the flag of countries that have not ratified
the MLC, 2006. Although it appears that Article V, paragraph 7, could conceivably
apply in various situations, in practice it relates essentially to the context of port State
control under Regulation 5.2.1, with respect to ships flying a foreign flag and calling
at a port of a ratifying country

 Is the MLC, 2006, relevant to seafarers based from non-ratifying countries?

Yes, with the global nature of maritime and seafaring with many seafarers work on
board ships flying the flag of a country other than country in which they ordinarily
reside. The MLC, 2006 standards on board ships as implemented nationally would
also apply to protect them. If seafarers work on a ship that is flying the flag of a
 country that has not ratified the MLC, 2006, then under Article V, paragraph 7, of the
MLC, 2006, the “no more favourable treatment clause” would apply. It seeks to
ensure a “level playing field” under which ships flying the flag of countries that have
ratified the Convention will not be placed at a competitive disadvantage compared to
ships flying the flag of countries that have not ratified the MLC, 2006. Although it
appears that Article V, paragraph 7, could conceivably apply in various situations, in
practice it relates essentially to port State control under Regulation 5.2.1, with respect
to ships flying a foreign flag and calling at a port of a ratifying country This means
that working and living conditions on these ships may be subject to inspection.

Under Regulation 1.4, paragraph 3, and Standard A1.4, paragraph 9, shipowners who
use seafarer recruitment and placement services based in countries or territories in
which the MLC does not apply must ensure, as far as practicable, that those services
meet Standard A1.4 requirements. Useful guidance is provided in Regulation 1.4 and
in Chapter 3 of the Guidelines for flag State inspections under the Maritime Labour
Convention, 2006.

 Where can I obtain a copy of the report form for the MLC, 2006, that each
ratifying country has to make to the ILO?

A national report form setting out national implementation is required under article 22
of the ILO Constitution. Each country that that has ratified the MLC, 2006 must
report to the International Labour Office 12 months after entry into force date for the
country concerned. The report form is available in PDF from the ILO MLC, 2006,
website headed “Monitoring and implementation tools” under “Reporting obligation –
Article 22 report form” at: www.ilo.org/mlc.

 Does the ILO have a database of national laws, regulations or implementing

measures?

A list of countries that have ratified and the date of entry into force for each one and
other national information including, when notified to ILO, the relevant national
legislation or other measures is available on the ILO MLC website under “MLC
database” at www.ilo.org/mlc.

 Does the MLC, 2006, apply to entertainers and hotel service staff?

Since the MLC, 2006, applies to “any person who is employed or engaged or works in
any capacity on board a ship to which this Convention applies” it covers all workers
including cabin and cleaning personnel, bar staff, waiters, entertainers, singers,
kitchen staff, casino personnel and aestheticians. This conclusion is applicable
irrespective of whether the seafarers concerned have been recruited directly by a
shipowner or are employed under a subcontracting arrangement. Nevertheless, there
are certain categories of workers, who only board the ship briefly and who normally
work on land, for example flag State or port State control inspectors, who clearly
could not be considered as working on the ship concerned. In other cases, the situation
may not be clear, for example when a performer has been engaged to work on a cruise
ship for the whole of the cruise or to carry out ongoing ship maintenance or repair or
other duties on a voyage. In such cases, a determination will be necessary under
Article II, paragraph 3.
 Does the MLC, 2006, mean that seafarers based in countries that have not
ratified the MLC, 2006, cannot be employed on board ships flying the flag of a
country that has ratified?

No. The MLC, 2006, does not prevent employment of seafarers from countries that
have not ratified the Convention. However, if seafarers are recruited, to work on
board a ship that flies the flag of a country that has ratified the MLC, 2006, through a
seafarer recruitment and placement service located in a country that has not ratified
the MLC, 2006, then the shipowner using that service must ensure, as far as
practicable, that it meets the requirements of Standard A1.4. Must seafarer
recruitment and services be certified for compliance with MLC, 2006.