The International Labor Organizations (ILO) adopted the Maritime Labor Convention (MLC) 2006 which provides comprehensive rights and protection at work for seafarers during the 94th International Conference last February 23, 2006 at Geneva, Switzerland.

Although it only reiterates seafarer’s rights and protection already embodied in earlier international protocols, the Maritime Labor Convention introduces a single global framework for enforcing those rights. Because of this, the MLC 2006 is fast being recognized as the new Bill of Rights for seafarers.

The three IMO Convention, SOLAS, STCW and MARPOL, will be complemented by the addition of MLC 2006, if and when this treaty is ratified bt at least 30 ILO members and total share of at least 33% of the world’s gross tonnage. So far only 12 countries have ratified the treaty and these are Bahamas, Bosania, and Herzegovina, Bulgaria, Canada, Croatia, Liberia, Marshall Island, Norway, Panama, Saint Vincent and the Grenadines, Spain, and Switzerland. With the exception of Croatia and Norway, one may say that other countries are not major crew suppliers.

Labor Secretary Rosalinda Dimapilis Baldoz said that the government under its Labor and Employment Plan for 2011-2016 is considering the ratification of Maritime Labor Convention (MLC) 2006. Under Title 5 of MLC 2006, Ships of all countries regardless of whether they have ratified the treaty or not will be subject to inspection in any country that has signed the treaty. Any ship that does not meet the minimum standard set forth in MLC 2006 Faces possible detention.

Two documents will be required to ensure compliance with the convention for all ships of more the 500 tons trading worldwide . One, a maritime Labor Certificate (MLC) and two, a Declaration of Maritime labor Compliance (DMLC). These two documents will ensure compliance with the convention for all ships above 500 tons in international trade.

If a ship flies the flag of a country that has ratified the MLC 2006 and produces the required certification issued by the flag state, the port state official must accept those documents as evidence of compliance except in specified circumstances, such as where an inspector has clear grounds of believing that ship is non-compliant or a compliant from a seafarer has been received .

Ship detentions can cost shipowners a lot of money and the mere possibility of a ship being detained is enough reason to scare them which raises the prospect of shipowners preferring to hire seafarers from those countries that have ratified MLC 2006.

What else in new in the convention? The required minimum age for a seafarer is 16 years old and seafarers under the age 18 are prohibited to work at night. Seafarers cannot work on board a ship unless they are trained or certified as competent and qualified to perform their duties. The convention also specifies the required hours of work onboard to be not more than 14 hours in any 24-hours period and 72 hours in any seven-day period while the hours of rest shall not be less than 10 hours in 24-hours period and 77 hours in any seven-day period

The convention further requires onboard procedures for the fair effective and expeditious handling of seafarers’ complaints alleging breaches of the requirements of the convention (including seafarers’ rights). Each member state  shall prohibit and penalize any kind of victimization of seafarer for filing a complaint.

Non-compliance with the requirements of MLC 2006 will just be as bad as non-compliance with STCW.