Frequently Asked Questions of MLC, 2006

MLC, 2006 – Frequently Asked Questions (FAQ) – Online Revised Edition, 2012

A. General Questions

A1. What is the Maritime Labour Convention, 2006 (MLC, 2006)?
A2. What are the two basic aims of the MLC, 2006?
A3. How will the MLC, 2006 protect more of the world’s seafarers?
A4. What is meant by the ―no more favorable treatment clause?
A5. What is new in the Maritime Labour Convention, 2006 (MLC, 2006)?
A6. What are the subjects of the ―Titles?
A7. Does the MLC, 2006 directly apply to shipowners, ships and seafarers?
A8. What measures must a country take to ensure that the MLC, 2006 is properly applied?
A9. What is the Code of the MLC, 2006?
A10. What is the difference between Articles, Regulations, Standards and Guidelines?
A11. What is a ―substantially equivalent provision?
A12. What is the status of the Guidelines in Part B of the Code?
A13. What was the reason for having the Part B Guidelines?
A14. What is the status of the 2008 ILO Guidelines, for flag State inspections and port State control officers?
A15. Does the MLC, 2006 require countries to comply with the ILO‘s ―fundamental Conventions?
A16. How does the MLC, 2006 make it easier for countries to ratify it and to implement its requirements?
A17. Is the MLC, 2006 already applicable?
A18. Why is the MLC, 2006 likely to achieve the aim of near universal ratification?
A19. What will happen to the maritime labour Conventions adopted before 2006?
A20. Which ILO Conventions are consolidated in the MLC, 2006?
A21. How can the MLC, 2006 be updated?
A22. What is the Special Tripartite Committee?
A23. What is the status of the Preamble and the Explanatory Note in the MLC, 2006?
A24. What is meant by the term ―Member?
A25. Who is the competent authority?

B. Questions about the workers and the ships covered by the MLC, 2006

B1. Who is protected by the MLC, 2006?
B2. Does the MLC, 2006 apply to entertainers and hotel service staff?
B3. Does the MLC, 2006 apply to cadets?
B4. What ships does the MLC, 2006 apply to?
B5. When is a ship considered to be ―ordinarily engaged in commercial activities?
B6. What are ―sheltered waters etc?
B7. Can a ratifying country make exemptions from certain provisions of the MLC, 2006?
B8. Is there a general tonnage limitation on the application of the Maritime Labour Convention, 2006 (MLC, 2006)?
B9. Are ships that do not go on international voyages covered by the MLC, 2006?
B10. Are ships that exist at the time the MLC, 2006 is ratified by a country excluded?
B11. Does the MLC, 2006 apply to smaller ships such as ships below 200 GT?
B12. Does the MLC, 2006 apply to offshore resource extraction or similar vessels?
B13. Does the MLC, 2006 apply to yachts?
B14. Who is the shipowner under the MLC, 2006?

C. Questions relating to the Titles of the MLC, 2006

C1. Title 1 Minimum requirements for seafarers to work on a ship
   C1.1. Minimum age
   C1.2. Medical certificate
   C1.3. Training and qualifications
   C1.4. Recruitment & placement
C2. Title 2 Conditions of employment
   C2.1. Seafarers’ employment agreements
   C2.2. Wages
   C2.3. Hour of work and hours of rest
   C2.4. Entitlement to leave
   C2.5. Repatriation
   C2.6. Seafarer compensation for the ship‘s loss or foundering
   C2.7. Manning levels
   C.2.8. Career and skill development and opportunities for seafarers’ employment
C3. Title 3 Accommodation, recreational facilities, food and catering
   C3.1. Accommodation and recreational facilities
   C3.2. Food and catering
C4. Title 4 Health protection, medical care, welfare and social security protection
   C4.1. Medical care on board ship and ashore
   C4.2. Shipowners‘liability
   C4.3. Health and safety protection and accident prevention
   C4.4. Access to shore-based welfare facilities
   C4.5. Social security
C5. Title 5 Compliance and enforcement
What is the relationship between Title 5 and the other provisions in the MLC, 2006?
Does the concept of substantial equivalence apply to Title 5?
   C5.1. Flag State responsibilities
   C5.2. Port State responsibilities
   C5.3. Labour-supplying responsibilities

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