Maritime Labour Convention (MLC) 2006 – Seafarers’ Requirements

The Maritime Labour Convention (MLC), 2006, often referred to as the “Seafarers’ Bill of Rights”, establishes minimum standards for the working and living conditions of seafarers worldwide.

(a) Young Seafarers

(Title 1, Regulation 1.1 – Minimum Age)

To ensure that no underage person is employed or engaged to work on board ships and that young seafarers are adequately protected.

Requirements

• Minimum age for employment:
  • Employment or engagement of any person under 16 years of age on board a ship is strictly prohibited.
• Night work restriction:
  • Seafarers under 18 years of age shall not be employed at night.
  • Night is defined as a period of at least 9 consecutive hours, starting no later than midnight and ending no earlier than 05:00 hours.
• Hazardous work prohibition:
  • Seafarers under 18 must not be employed in work that is likely to jeopardize their health or safety.
• Special protection:
  • Member States must give special attention to the working and living conditions of seafarers under 18 years of age.

  (b) Seafarers’ Employment Agreements (SEAs)

  The MLC 2006 requires that seafarers’ employment conditions are clear, fair, transparent, and legally enforceable.

  Key Requirements

  • Written agreement:
    • Every seafarer must have a written SEA, signed by both the seafarer and the shipowner or representative.
    • Oral agreements are not permitted.
  • Language and accessibility:
    • The SEA must be written in a language understood by the seafarer.
    • The seafarer must be given a signed copy and allowed to review it before signing.

    Mandatory Contents of an SEA

    • Seafarer’s full name, date of birth/age, and place of birth
    • Shipowner’s name and address
    • Date and place of signing the agreement
    • Capacity and duties of the seafarer
    • Wages or method of calculating wages
    • Paid annual leave or method of calculation
    • Termination conditions, including notice period
    • Health and social security protection, including:
      • Medical care
      • Sickness and injury benefits
      • Compensation for death or disability
    • Repatriation entitlements
    • Reference to Collective Bargaining Agreement (CBA), if applicable

    Additional Provisions

    • The applicable CBA must be available onboard, where relevant.
    • The SEA must contain a fair and effective dispute resolution mechanism.
    • Any SEA term less favourable than MLC provisions is null and void.

    (c) Hours of Work and Hours of Rest

    (Title 2 – Conditions of Employment)

    The MLC establishes limits on working hours and minimum rest periods to prevent fatigue and ensure safety.

    Compliance Options

    Ships must comply with either of the following:

    1. Maximum Hours of Work

    • Not more than 14 hours in any 24-hour period
    • Not more than 72 hours in any 7-day period

    2. Minimum Hours of Rest

    • At least 10 hours of rest in any 24-hour period
    • At least 77 hours of rest in any 7-day period

    Rest Period Arrangement

    • Rest may be divided into no more than two periods
    • One rest period must be at least 6 hours
    • The interval between consecutive rest periods must not exceed 14 hours

    Posting and Record-Keeping

    • A table of working arrangements must be posted in an accessible place onboard.
      • Must show required work/rest hours
      • Must be in the working language of the ship and English
    • Daily records of hours of work or rest must be maintained.
      • Records must be signed by the master (or delegate) and the seafarer
      • These records serve as evidence of compliance

      Exceptions

      • Ships must be adequately manned to allow compliance.
      • In emergencies or unforeseen situations, the master may suspend schedules.
        • Compensatory rest must be provided afterward.
      • Limited exemptions may apply to certain roles, provided health and safety are not compromised.

      (d) Social Security Requirements

      (Title 4 – Health Protection, Medical Care, Welfare and Social Security Protection)

      Purpose

      To ensure seafarers and, where applicable, their dependants are protected against social and economic risks.

      Requirements

      • Member States must ensure seafarers have access to social security protection, in accordance with national laws.
      • Coverage should include, as far as practicable, the following nine branches of social security:
        1. Medical care
        2. Sickness benefit
        3. Unemployment benefit
        4. Old-age benefit
        5. Employment injury benefit
        6. Family benefit
        7. Maternity benefit
        8. Invalidity benefit
        9. Survivors’ benefit
      • At a minimum, States must provide protection in at least three branches, one of which must be:
        • Medical care, or
        • Sickness benefit, or
        • Employment injury benefit
      • Shipowners are responsible for ensuring seafarers are covered or compensated in accordance with national requirements.
      • Seafarers should not lose social security entitlements due to the international nature of their employment.
      • Cooperation between States is encouraged to maintain continuity of coverage when seafarers work under different flags.