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Maritime-Labor-Convention

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[MUSIC PLAYING] So you want to be a seafarer. I think so. Not sure though? I've always heard that the life of a seafarer is really tough. The secret is working with a company that complies with the Maritime Labor Convention. The Maritime Labor Convention? The Maritime Labor Convention, or MLC, establishes a standard of working and living conditions for seafarers, while creating fair competition for ship owners. It was adopted by the International Labor Organization due to the growing need for the fair treatment of seafarers. The International Maritime Organization calls the MLC the fourth pillar of quality shipping, on par with SOLAS, STCW, and MARPOL. I'm surprised you haven't heard of it. How does it work? Well, let me break it down for you. The MLC is divided into five titles. Title I is Minimum Requirements for seafarers to work on a ship. Title II is Conditions of Employment. Title III is Accommodation, Recreation Facilities, Food and Catering. Title IV is Health Protection, Medical Care, Welfare, and Social Security Protection. Title V is Compliance and Enforcement. The MLC embodies over 65 existing maritime labor instructions, including the Minimum Age Convention of 1920 and the Labor Inspection Convention of 1996. That's a lot to swallow. Well, let's start with Title I. Mark is starting the process of becoming a seafarer by meeting the requirements to work on a ship. In earlier times, no regulations protected seafarers from abuse and mistreatment. Title I has four regulations, minimum wage, medical certification, training and qualifications, and recruitment and placement. The MLC has set 16 as the youngest age for qualified seafarers. I'm over 18. That's good to know, because special restrictions apply to seafarers under the age of 18. No matter their age, seafarers must be medically fit and have no condition likely to worsen due to working on a ship. In addition to medical screening, potential seafarers must receive training on ship duties and personal safety. If recruiters are part of the hiring process, seafarers are not to be charged for these services in any way. There are a number of provisions in the MLC to insure seafarers are treated fairly while on the job. They're addressed in Title II, Employment Conditions. Title II addresses employment conditions. It's broken down into several regulations, employment agreement, wages, work rest hours, leave entitlement, repatriation, compensation, manning levels, and career and skill development and opportunity. Basically, an employment agreement is a contract. The MLC requires that a seafarer be given time to review before signing. See any dollar signs in there? Uh, the MLC requires ship owners to use the flag state's wage policies as standard for determining pay. When calculating wages, workdays should not exceed eight hours. Past eight hours, overtime pay should be no less than time and a quarter. [WRENCH RATCHETING] Officially published exchange rates favorable to the seafarer should always be used. And shipping companies must make allotments available to seamen at regular intervals and reasonable charges. We all know that, in order to work a full day, we need a good night of rest. The Maritime Labor Convention has guidelines for that as well. A seafarer cannot work for more than 14 hours in any 24-hour period, or for more than 72 hours in any week. Daily rest periods cannot be divided up into more than two periods. And the time between two rest periods cannot exceed 14 hours. The MLC also contains special rest rules for seafarers under 18. So if that's you, be sure to review the MLC to ensure your company is compliant. Also, seafarers earn 2.5 leave days for every calendar month of employment. In most cases, when a seafarer's employment ends while abroad, the shipping company must pay to return the seafarer home. Everything look OK? It does. Now, How about we have a little fun? We all want good living conditions, running water, a warm bed, nutritious food. And some time and space to enjoy life, be it with a good book, or a football. Title III includes accommodation and recreational facilities, and food and catering. The MLC has many rules covering accommodations, noise and vibration levels, sanitation, and lighting are all addressed. For ships without personal bathrooms, seafarers must have at least one toilet for every six people. Washrooms must have hot and cold water. Ship owners should provide nutritious, quality food for every seafarer. Cooks should have appropriate certifications, not be under 18 years of age, and be experienced seafarers as well. Anyone who believes medical care on a ship isn't important has never seen the aftermath of an accident. Title IV has five regulations, medical care, ship owner's liability, health and safety protection and accident prevention, shore-based welfare facilities, and Social Security. Let's say you're working in the engine room and a wrench falls on your head. Oh! The MLC ensures that you receive prompt medical care at no charge. And ship owners must provide financial support for any sickness, injury, or death resulting from employment under contract. Governing bodies are required to set standards for occupational safety, health and accident prevention, inspections, and correcting unsafe conditions. Ships carrying more than 100 persons and frequently engaged in international voyages of longer than 72 hours are required to carry a medical doctor on board. Smaller ships, where a doctor isn't required, need a seafarer in charge of medical care as part of his regular duties, and he must have STCW medical person-in-charge training. I feel much better. What do you say we have some R&R? Let's go see a movie. Sounds great. What's playing? Oh, this is one of my favorites. [MUSIC PLAYING] Hi. Hi. Did you know that all ports are required to have meeting, sports, and educational facilities, and, where appropriate, facilities for religious observances and personal counseling? Mm, I love a man who knows his MLC. Did you know that seafarers entering a port should be briefed in special laws and customs by local governing bodies? You know, I'm sailing back into port next week. And the MLC says all ports are supposed to maintain moderately-priced transportation for seafarers to urban areas. I would love to come back and talk Title V. Hey. What's going on? You know, the MLC also says that it's supposed to help seafarers gain access to Social Security protection. Ah, this is getting good. Social Security protection for seafarers should be comparable to protection provided to shore workers in a ship's flag state. This protection should include medical care, sickness, unemployment, and old age benefits, as well as employment injury benefits, family and maternity benefits, invalidity benefits, and survivorss' benefits. I think I love you. There's no MLC regulation for that. I love a happy ending. Now I'm definitely ready to get back on a ship. Not just yet. We haven't addressed Title V, and for that, here's a story about a seafarer named Marco. Marco worked on a fantasy Landia-flagged ship. This was one bad ship. No warm water for showers or tea, six people stacked in each room, spoiled food, no recreational facilities, the list goes on. Marco thought that's just how things went, until he read the MLC, and realized a lot of the things going on were not compliant. Marco tried to inform the master, but he couldn't be found. Marco looked for a form to report the violations, but that form was nowhere to be seen. However, when the ship entered the port of Goodlandia, a port Marco knew was compliant with the MLC, Marco filed a complaint with the port inspector, which led to an inspection of the ship. The inspector logged the violations and notified the flag state and the master that there would have to be some major changes. The master made immediate changes. He also followed the complaint-handling procedure, which prohibits and penalizes any retribution taken against the seafarer who filed the complaint. A hard copy of this procedure accompanies every employment agreement. And from this day forward, Marco and his shipmates always had hot tea. Marco sounds like a savvy seafarer. He just knew his rights under the MLC. Listening to all these regulations, I'm having a hard time figuring out what anyone besides a seafarer gets out of the MLC. That's a pretty smart question, Mark. A committee of seafarers, ship owners, and flag state officials created the MLC. Ship owners liked that it discouraged favorable treatment. Ships entering ports of ratified states must show compliance or face possible detention. Compliant ships have a quicker inspection process, boosting efficiency and profit. Wow. Now I understand how the whole maritime industry benefits from the MLC. And you'll remember all of this? How about a quick recap? No problem. [TAPE WINDING SOUND] The Maritime Labor Convention, or MLC, establishes a standard of working and living conditions for seafarers, while creating fair competition for ship owners. It was adopted by the International Labor Organization due to the growing need for the fair treatment of seafarers. The International Maritime Organization calls the MLC the fourth pillar of quality shipping, on par with SOLAS, STCW, and MARPOL. [TAPE WINDING SOUND] The MLC is divided into five titles. Title I is Minimum Requirements for seafarers to work on a ship. Title II is Conditions of Employment Title III is Accommodation, Recreation Facilities, Food and Catering. Title IV is Health Protection, Medical Care, Welfare, and Social Security Protection. Title V is Compliance and Enforcement. [TAPE WINDING SOUND] Continue. The Maritime Labor Convention benefits everyone involved in the industry. Well, I'm on board for complying with the MLC. [MUSIC PLAYING]

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Duration: 14 minutes and 40 seconds
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Language: English
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Posted by: maritimetraining on Feb 8, 2017

Maritime-Labor-Convention

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