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Q5 (20 Marks) International Conventions
SSEP • Written Exam

With Reference to the Maritime Labour Convention (MLC) 2006, discuss the requirements for seafarers regarding:

(a) Entitlement to leave (7)

(b) On-board and on-shore complaint procedures (7)

(c) Safety and health education of young seafarers (6)

Appeared In: Jun 2024

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Structured for DG Shipping MEO Class II examination scoring criteria.

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With reference to the Maritime Labour Convention (MLC) 2006, discuss the requirements for seafarers regarding:

Part (a)

Entitlement to leave

Part (b)

On-board and on-shore complaint procedures

Part (c)

Safety and health education of young seafarers

Part (a)

Entitlement to leave: Under MLC Regulation 2.4 seafarers are entitled to adequate annual leave with paid annual leave - the Convention requires at least 2.5 calendar days of paid leave per month of employment (or an equivalent formula, Standard A2.4); seafarers are also entitled to "shore leave" to spend time ashore when the ship is in port; the annual leave must be granted and cannot be offset against shore leave; for young seafarers (under 18) the entitlement to leave and rest periods is to be protected, and they must not be employed on night work. Additionally, seafarers' working hours/rest periods are limited (Regulation 2.3) - a limit of 14 hours in any 24-hour period and a minimum 10 hours of rest in any 24-hour period, and at least 77 hours rest in any 7-day period, to safeguard health. The leave, rest and hours are to be in the SEA/CBA and enforced.

Part (b)

On-board and on-shore complaint procedures (Regulation 5.2): Every ship is to have an on-board complaint procedure through which a seafarer can formally raise a complaint (e.g. about conditions, wages, accommodation, harassment) without fear of victimisation; the procedure is to be documented (e.g. in the accommodation/ handbook) and its steps are defined (a seafarer presents a written complaint to the master, who investigates and responds within a set time; the complaint may be escalated to the owner/DPA and flag State). An on-shore complaint procedure is also required: port States must have a mechanism (usually through the MLC authority/flag State consulate, and the seafarer and shore welfare) by which a seafarer on an international ship can report; the port State can then investigate and take action, including detention if the ship is seriously non-compliant. The DMLC Part II and the complaint procedure are verified during inspections.

Part (c)

Safety and health education of young seafarers (Regulation 2.9/Guideline and MLC): The Convention requires that young seafarers (those under 18) receive appropriate induction, instruction and safety and health education before beginning their work on board, including education on the hazards of their work, the safety and health protection measures, and their rights. National laws under the MLC prohibit the employment of persons under 16, restrict night work for those under 18, and prohibit work that exposes them to particular hazards (e.g. heavy/confined/dangerous work); the shipowner must ensure young seafarers are medically fit and that they are not assigned to tasks beyond their capability, and they are trained and supervised for their safety and health protection. This education and the special provisions protect young persons who may be more vulnerable to injury and exploitation.

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