Q7 (10 Marks) International Conventions 🔥 Repeated 12x in exams
SSEP • Written Exam

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

(a) Minimum age to work onboard vessels

(b) Seafarers' Employment Agreements

(c) Hours of work and hours of rest

Appeared In: Jul 2025Apr 2024Apr 2023Dec 2019Sep 2019Aug 2019Jul 2019Apr 2019Jan 2019Nov 2018Oct 2018Aug 2018

Verified Model Answer (Text Solution)

Structured for DG Shipping MEO Class II examination scoring criteria.

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The Maritime Labour Convention (MLC) 2006, often referred to as the "seafarers' bill of rights," sets out minimum requirements for working and living conditions for seafarers.

(a) Minimum Age to Work on a Ship

(Title 1, Regulation 1.1 of MLC 2006)

Purpose: To ensure that no underage person is employed or engaged to work on a ship.

  • Employment, engagement, or work on board a ship of any person under the age of 16 is strictly prohibited.
  • Night work for seafarers under the age of 18 is also prohibited.
    • Night is defined as a period of at least 9 hours, starting no later than midnight and ending no earlier than 5:00 A.M.
  • Employment or engagement of seafarers under 18 years of age is prohibited if the work is likely to jeopardize their health or safety.
  • Member States must give special attention to the needs of young persons under the age of 18 when regulating their working and living conditions on board.
Part (b)

Seafarer Employment Agreements (SEAs)

The MLC 2006 mandates clear, fair, and enforceable SEAs to protect seafarers' employment rights.

  • Written Agreement: Every seafarer must have a written SEA, signed by both the seafarer and the shipowner (or representative). Oral agreements are not valid.
  • Clear and Understandable Terms: SEA must be in a language understood by the seafarer. A copy must be provided.

Minimum Information to be Included:

  • Seafarer’s full name, date of birth/age, and place of birth.
  • Shipowner's name and address.
  • Date and place of SEA signing.
  • Capacity and duties of the seafarer.
  • Wages or formula for calculating them.
  • Paid annual leave or formula for its calculation.
  • Termination conditions, including notice period.
  • Health and social security protection, including medical care, sickness/injury benefits, and compensation for death or disability.
  • Repatriation entitlements.
  • Reference to collective bargaining agreement, if applicable.
  • Access to Agreement: Seafarers must be able to review the SEA before signing and be given a signed copy. The CBA must be available onboard if relevant.
  • Dispute Resolution: The SEA must include a fair and effective dispute resolution mechanism.
  • Legal Force: Any SEA term less favourable than MLC provisions is null and void.

Part (c)

Hours of Work and Hours of Rest

The MLC 2006 defines strict limits on work hours and mandates minimum rest to reduce fatigue and promote safety.

Two Compliance Options:

  • Maximum Hours of Work:
    • Not more than 14 hours in any 24-hour period
    • Not more than 72 hours in any 7-day period
  • Minimum Hours of Rest:
    • At least 10 hours in any 24-hour period
    • At least 77 hours in any 7-day period

    Rest Period Breakdown:

    • Rest may be divided into no more than 2 periods, with one period of at least 6 hours.
    • The interval between rest periods must not exceed 14 hours.

    Posting of Schedules:

    • A table of working arrangements must be posted in an accessible location onboard.
      • Must include work/rest hours required by law or agreements
      • Must be in working language of the ship and English

      Records of Hours:

      • Daily records of work/rest must be maintained and signed by both master (or delegate) and seafarer.
      • These serve as evidence of compliance and help resolve disputes.

      Exceptions:

      • Manning Levels: Ships must be adequately manned to ensure compliance with hours and safe operation.
      • Emergencies: The master may suspend schedules during emergencies or unforeseen situations.
        • Afterward, the master must ensure adequate compensatory rest is provided.
      • Exemptions: May apply to specific roles (e.g., on-call workers) as long as health and safety are not compromised.
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