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Y4 Oral Prep > MLC 2006 > Flashcards

MLC 2006 Flashcards

1
Q

When was MLC 2006 written?
When was it implemented ?
What organisation came up with it?

A
  • MLC 2006 was written in 2013 august the 20th
  • Implemented on August the 20th 2014.
  • ILO ( International Labour Organisation )
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2
Q

What is another name given to the MLC 2006

A

The “Super Convention”

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3
Q

Who does the MLC 2006 apply to?

A
  • To all seafarers, meaning any person that is employed or engage onboard in any capacity onboard a vessel.
  • The MLC is mandatory for vessels >500 GT.
  • The MLC Certificate is Valid for 5 years.
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4
Q

Why has the MLC 2006 been created or what is its purpose?

A

It is an international agreement of the International Labour Convention that sets out a “Global Standard” for seafarer rights to decent living and working onboard ships.

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5
Q

MLC is one of the 4 “pillars” of the key regulatory regime of the Maritime Law ( IMO ), what are the other 3

A

SOLAS ( Safety of Life At Sea ),
MARPOL ( MARitime POLution ),
STCW ( Standards of Training, Certification and Watchkeeping )

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6
Q

As of September 2019 how many countries have raitifed the convention?

A

Ratified by 97 states wich represent 91 % of the worlds gross tonnage.

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7
Q

For how many years is a MLC certification valid?

A

Valid for 5 years and subject to intermediate survey.

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8
Q

What type of vessel does the MLC not apply to?

A

-Fishing vessels,
-Pleasure vessels (Pleasure vessels are vessels used for
sport or recreational purposes and do not operate
for financial gain.
-Army vessels

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9
Q

Does MLC apply to vessels engage in domestic voyages less than 60 miles from safe harbour?

A

No but it will have to comply with some legislation wich will be based of the MLC convention.

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10
Q

How many articles does the convention contain?

A

16 of them as well as “ The Code “ wich contains 5 Titles

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11
Q

What are the 5 titles contained in the code?

A

-Title 1 : Minimum requirements for seafarers to work on
ships

-Title 2 : Conditions of employment

-Title 3 : Accommodation, recreational facilities, food and
catering.

-Title 4 : Health Protection, medical care, welfare and
social security protection.

-Title 5 : Compliance and enforcement

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12
Q

Describe Title 1 of “ The Code”

A

It s the MINIMUM REQUIREMENTS for seafarers to be employed on ships, this means

  • Minimum age 16 expect for night or hazardous work 18
  • Medical fitness states should provide medical fitness certificates.
  • Training : seafarers should be trained for their duties and have a Personal Safety Training
  • Recruitment/placement : Proper placement procedures, Registration of complaints procedure and compensations if recruitment fails.
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13
Q

Describe Title 2 of “ The Code”

A

CONDITION OF EMPLOYMENT this means,

  • Contract should be clear and legally enforceable.
  • Payment of wages should be at least once a month and transferable to family if desired.

-HORS (Hours Of Rest),

Working hours: They should never exceed 14 hours a day and 72 hours in every 7 day.

Resting hours : Should be at least of 10 hours in a day or 77 hours in every 7 days, may not be split in more than 2 periods where one of them should at least be of 6 hours.

  • Leave : Seafarers have the right to annual leave as well as shore leave.
  • Repatriation : Returning home should be free.
  • Loss : If the ship is lost or foundered the seafarer have the right to unemployment wages.
  • Manning : Every boat should have sufficient level of manning.
  • Development & Opportunities: Have the right to be promote unless violation of a statute or code of conduct. Also skill development and employment opportunities made available.

.

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14
Q

Describe Title 3 of “The Code”

A

ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING this means:

-Accommodation : Accommodation and/or working should promote health and well being.

-Food and Catering : Should be of quality and quantity and water should be regulated in the flag state.
Cooks to be properly trained.

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15
Q

Describe Title 4 of “The Code”

A

HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION this means:

  • Medical care onboard and ashore: Should be covered have access to medical while onboard at no cost and siimilar quality as ashore.
    Countries “visited” should be able to provide care in invent of emergency

-Shipowners liability : Seafarer should be protected from sickness, injury or death related to his work. 16 weeks from start of sickness

-Health and Safety Protection and Accident prevention: A safe and hygienic enviroment durint both work and rest .
Safety measure are to be put in place.

  • Access to shore based welfare facilities: Port State should provide easy access to welfare, recreational and cultural activitiies irrespective or age, race, sex, religion.
  • Social Security: Coverage should be provided to seafarer
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16
Q

Decribe Title 5 of “ The Code”

A

COMPLIANCE AND INFORCEMENT, this means:

-Flag State : Enuring implementations of the rules of its state.
Detailed insptection result in issuing of CERTIFICATE OF MARITIME COMPLIANCE ( always present and valid onboard ).
Complaint procedure should be decent and investigations in the event of casualties.

-Port State : If presence of Certificate of Maritime Compliance, (assumed) boat complices with ratified State Rules.
If certificate not present the thorough inspection according to a “ No more favourable treatment policy”

Indirectly ships of non members countries are then also submited to the courtry that have retified the convention if they plan on visiting.

Labour agencies: Should be checked to ensure that they apply the convention.

17
Q

What is the rule for vessels < 500 gt?

A

Do not have to comply with MLC but will have some sort of certification and inspection by the MCA wich complies in some ways or is derived from the MLC and UK National Legislation.

18
Q

What does MLC 2006 do?

A

It sets minimum requirement for nearly every aspects of working and living conditions for seafarers:

  • Including recruitment and placement practices
  • Conditions of employment
  • Hours of work and rest
  • Repatriation
  • Annual leave
  • Payment of wages
  • Accommodation
  • Recreational facilities
  • Food and Catering
  • Health protection
  • Occupational safety and health
  • Medicare
  • Onshore welfare service and Social protection
19
Q

For MLC to give a certificate what does the vessel need to comply with?

A
  1. Minimum wages
  2. Medical Certification
  3. Qualification of seafarer
  4. SEA’s ( Seafarer’s employment agreement )
  5. Recruitment or placement services
  6. Hours of work and rest
  7. Manning level
  8. Accommodation & Recreational Facilities
  9. Food & Catering
  10. Health and Safety
  11. Onboard medical care
  12. Onboard complaint procedure
  13. Payment of wages
  14. Injured seafarer and repatriation and care of the family
                  Details on the MSN 1848
20
Q

What is the minimum age to be legally allowed to work according to the MLC?
What are the requirements?

A
  • Have a minimum age of 16
  • 30 minutes break every 4 and a half hour of work
  • 12 Consecutive hours of rest per day as per MSN 1838 allowing for exeptions but needs some compensatory time.
  • 2 Days rest per week
  • ENG 1 Valid for only 1 year
  • Should not be working at night unless medically certified to.
  • Risk assessment should be done because of the lack of experience, knowledge, maturity and if dangerous should be monitored by officer.
  • Risky tasks only in for the purpose of their learning

MSF 4158 ( MGN 477 ) and MSF 4157 ( sign on sheet )

21
Q

What rights does the MLC uphold?

A
  • Right to safe Working Environment
  • Right to Decent Working and Living Conditions
  • Right to Basic Health and Social Security
  • Right to fair Terms Of Employment - SEA, Complaints Procedures etc.
22
Q

Outline the content of an SEA and the minimum requirement for Shipowner and Seafarer.

MGN 477

A

1) Suggested but not mandatory format of SEA containing all required information.
2) Every seafarer “employed” should have a legally enforceable SEA, if not employed or self employed there should be a “Contract of Employment” or “Training Agreement”.

3) Notice Periods are not shorter than 7 days or must not be unduly restrictive ( several months ) and must be identical for seafarer than employer.
Possibility of termination on “Compassionate grounds” or “Gross Misconduct”

4) There has to be an available English copy for Flag State and Port State to be able to verify compliance.
5) When seafarer’s employment ends, he should be provided with a record of his service onboard.
6) Regulations apply to all UK Registered vessel wherever they may be and to non-UK vessels in UK water.
7) All concerned parties must have an signed copy by all involved parties ( Shipowner, Third Party and Seafarer ).
8) At any time, every seaferer’s SEA should be available onboard as hard or digital copy.
9) There should at all time be an updated and accurate “List of Crew” onboard. Section for young person should be present and if non, the should be “NIL”
10) SEA must Comply with UK Laws
11) Every 12 month’s the official Log Book together with the crew list and all changes should be sent to the RSS ( Registrar-General of Shipping and Seamen ).
12) SEA’s will be inspected by MCA surveyor at time of the survey for delivery of the Maritime Labour Certificate.
13) Suggested text against harassment and bullying.

23
Q

What are the criterias for an ENG 1 to be valid?

A
  • Certificate issued by a qualified and MCA approved medical practitioner.
  • Valid for no more than 2 years.
  • Provide details of Hearing, Sight and Color Vision ( Color vision tested min every 6 years )
  • Include a statement that seafarer is fit for duties.
  • Foreign Medical legal Certification carts - Check MSN 1815
  • In the event of an emergency a seafarer may join a vessel with an expired ENG1 of 1 month if previous certificate was full term.
24
Q

As per MLC what is the hours of rest requirement.

MSN 1868 and MGN 566.

A
  • 77 hours total per week
  • Minimum 10 hours rest in a 24 hour period with no more than 2 periods which one of them must be of a minimum of 6 hours consecutively.
  • Records of those hours must be kept to an appropriate format and signed / approved by master
  • Exceptions can be made according certain circumstances and by exceptions. ( MGN 566 )
  • Drills, LSA ( Life Saving Appliances ), Musters must be held as to minimise disturbance.
  • Compensatory rest periods for “ Call Outs”
25
Q

What is the “DMLC” ?

A

“Declaration of Maritime Labour Compliance”

  • It is a declaration summerising the national laws or regulations implementing an agreed upon list of 14 areas of the maritime standards. The Flag State of the vessel will falling under the MLC will draw up a Ship Specific DMLC list.

Y4 Oral Prep (6 decks)

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