Published: May 2023
Published by International Chamber of Shipping
More than ten years have passed since the entry into force of the ILO Maritime Labour Convention (MLC), which is now strictly enforced on a global basis and subject to Port State Control inspection. This ICS publication is the comprehensive and definitive guide to the MLC. The revised fourth edition addresses the wide range of MLC provisions including the 2022 updates, which will enter into force in December 2024, covering:
• Appropriately-sized personal protective equipment;
• Drinking water quality;
• Repatriation of abandoned seafarers;
• Repatriation of deceased seafarers;
• Medical care;
• Social connectivity;
• Information on rights concerning compensation; and
• Recording and reporting of deaths.
Table of Contents
1 Key issues, certification and enforcement and seafarers’ rights
1.1 Purpose and origins of the MLC
1.2 Convention structure
1.3 Labour standards overview
1.4 Entry into force, implementation and enforcement
1.5 Application
1.5.1 Application to ships
1.5.2 Application to seafarers
1.6 Links between the MLC, the STCW Convention and the ISM Code
1.7 MLC explanatory note
2 Fundamental seafarer rights
2.1 Freedom of association
2.2 Collective bargaining
2.3 Protection from discrimination, harassment and bullying
2.4 Promoting diversity and inclusion in shipping
3 Flag state inspection and certification
3.1 Flag state inspections
3.2 Areas to be inspected
3.3 Inspectors’ powers
3.4 MLC certification
3.4.1 Maritime labour certificate
3.4.2 Declaration of maritime labour compliance
3.4.3 Interim certificates
4 Port state control
4.1 Normal inspections
4.2 Grounds for a more detailed inspection
4.3 Detention of a ship
4.4 Common MLC deficiencies
5 Minimum requirements for seafarers to work on a ship
5.1 Minimum age
5.2 Medical certificate
5.3 Training and qualifications
5.4 Recruitment and placement
5.4.1 General principles
5.4.2 Government obligations
5.4.3 Shipowner obligations
5.4.4 Oversight of third party recruitment services
6 Young seafarers and the MLC
6.1 Minimum age of seafarers
6.2 Working hours of young seafarers
6.3 Medical certification for young seafarers
6.4 Young seafarers and food and catering
6.5 Repatriation of young seafarers
6.6 Safety and health education of young seafarers
7 Conditions of employment
7.1 Shipowner obligations
7.2 Seafarers’ employment agreements
7.3.1 ILO minimum wage
7.3.2 Definitions for the calculation of wages
7.3.3 Overtime
7.3.4 Consolidated wages
7.3.5 General principles for payment of wage deductions
7.4 Hours of work and rest
7.4.1 MLC and STCW rest requirements
7.4.2 The hours of work and rest regimes
7.4.3 Schedule of working
7.4.4 Record keeping
7.4.5 Permitted exceptions
7.4.6 Hours of work for young seafarers
7.5 Entitlement to shore leave
7.5.1 Calculation of entitlement for paid leave
7.5.2 Other considerations
7.6 In the event of loss or foundering
7.6.1 In the event of a hostage situation
7.7 Crewing levels
7.8 Career development
8 Accommodation and recreational facilities
8.1 Application to new and existing ships
8.2 Ongoing compliance
8.3 Design and construction
8.4 Prevention of noise and vibration
8.5 Heating, air conditioning and ventilation
8.6 Lighting
8.7 Living accommodation
8.7.1 Sleeping rooms
8.7.2 Mess rooms
8.7.3 Hospital
8.7.4 Laundry
8.7.5 Facilities for engine personnel
8.7.6 Ship’s office
8.7.7 Sanitary facilities
8.8 Recreational facilities
8.8.1 Social connectivity
8.8.2 Open decks
8.8.3 Mail and ship visits
8.8.4 Shore leave
8.9 Guidance for ships constructed before the MLC entered into force
8.9.1 Maintenance of accommodation for ships constructed before the MLC entered into force
8.9.2 Ventilation for ships constructed before the MLC entered into force
8.9.3 Sanitary accommodation for ships constructed before the MLC entered into force
9 Food and catering
9.1 Shipowners’ obligations
9.1.1 Food storage and sufficient food
9.1.2 Condition of galley
9.1.3 Vermin control
9.1.4 Drinking water
9.2 Ships’ cooks
9.2.1 Ship’s cook’s training
9.3 Inspection by the master
10 Health protection and medical care
10.1 The provisions for health, safety and medical care
10.2 Limitations permitted by national law for payment in the event of illness or injury
10.3 Medical care on board ship
10.4 Medical qualifications of seafarers
10.5 Carriage requirements for medical equipment
10.6 Diseases
11 Health and safety protection
11.1 Personal protective equipment
11.2 Prevention of noise and vibration
11.3 Young seafarers’ health and safety
11.4 Other issues
11.5 Shipowner obligations on accident prevention
11.6 National health and safety protection and prevention programmes
11.6.1 Instruction in occupational safety and health protection and the prevention of
occupational accidents
11.7 Reporting and collection of statistics
11.7.1 Investigations
11.8 Investigation into the deaths of seafarers
12 Shipowners’ liability to protect seafarers from the consequences of sickness, injury and death
13 Seafarers’ welfare
13.1 Access to shore based welfare facilities
14 Social security
14.1 Social security
14.2 Seafarers’ Pension Convention
15 Repatriation
15.1 Shipowner obligations
15.2 Circumstances where repatriation is required
15.3 Costs to be met by the shipowner
15.4 Repatriation in the event of abandonment
15.5 Reimbursement of expenses in the event of abandonment
16 Death in service of a seafarer
16.1 Repatriation of a body in the event of a fatality
16.2 The seafarer’s effects
16.3 Seafarer compensation in the event of a fatality
17 Complaint procedures
17.1 On board complaints
17.2 Complaints to other parties
17.3 Contractual redress for seafarers
Appendix Checklist to help masters and shipowners ensure compliance with MLC
