10 IMPORTANT THINGS TO KNOW ABOUT THE MARITIME LABOUR CONVENTION 2006:

2012 CLIA Leadership Forum November 14, 2012

Austin P. Olney, Partner

Copyright 2012 Holland & Knight LLP. All Rights Reserved

MARITIME LABOUR CONVENTION 2006

Introduction
EFFECTIVE ON 8.20.13 5 TITLES
Minimum requirements Employment conditions Living conditions Health & welfare Compliance & enforcement
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1. MLC 2006 HAS WIDE ACCEPTANCE

Ratified by major flag registries, including:
Bahamas Cyprus Liberia Panama Marshall Islands Singapore
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1. MLC 2006 HAS WIDE ACCEPTANCE (cont.)

Ratified by major port states, including:
Australia Canada Denmark Netherlands Norway Sweden Other EU states to follow (CD 2007/431/EC)
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2. MLC 2006 IS HISTORIC & COMPREHENSIVE

Consolidates 37 ILO Conventions 4th Pillar with SOLAS, MARPOL, STCW Direct obligations for ship owners Level playing field A rights based regime

2. MLC 2006 IS HISTORIC & COMPREHENSIVE (cont.)

Seafarers Bill of Rights
Right to collective bargaining Eliminates discrimination/victimization Right to safe & secure workplace Decent living & working conditions Health protection, medical care & welfare measures Fair employment

2. MLC 2006 IS HISTORIC & COMPREHENSIVE (cont.)

Broad definitions and scope
Seafarer: Any person employed or working in any capacity on board

Ship owner: Owner, operator, manager, agent, bareboat charterer

Commercial ships 200 GT International voyages

3. THE ENFORCEMENT REGIME IS UNIQUE

Primary enforcement by flag states Tri-partite structure-social partners ML Certificates of Compliance (MLC) Inspections & enforcement by ROs

Complaint procedures

4. THE ML CERTIFICATE IS A KEY ELEMENT OF ENFORCEMENT

Maritime Labor Certificate (MLC)
500 GRT Certifies compliance & measures for ongoing compliance 5 year validity

Declaration MLC
Part I: Flag administration lists required measures Part II: Ship owner lists compliance measures Link to ISM Code: continuous improvement

No MLC no sail
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4. THE ML CERTIFICATE IS A KEY ELEMENT OF ENFORCEMENT (cont.)

MLC covers 14 areas that must be inspected (verified) by flag state or RO:
Minimum age Medical certification Use of recruitment & placement services Qualifications of seafarers Employment agreements Hours of work or rest Manning levels
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4. THE ML CERTIFICATE IS A KEY ELEMENT OF ENFORCEMENT (cont.)

MLC covers 14 areas that must be (verified) by flag state or RO:
Accommodations On-board recreational facilities Food & catering Health & safety & accident prevention On-board medical care Payment of wages On-board complaint procedures
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5. CLASS WILL ATTEND TO COMPLIANCE & ENFORCEMENT

Flag states can delegate MLC inspections & investigations to ROs Class historically covers engineering & technical standards ROs will have authority to:
Inspect in order to issue certificates Investigate complaints Compel correction of deficiencies Detain a vessel Pull the MLC

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6. PORT STATES WILL SUPPLEMENT COMPLIANCE & ENFORCEMENT

Port State Members may inspect in normal course
MLC & DMLC prima facie evidence of compliance Limited to review of MLC & DMLC except :
Living & working condition violations

Inspections in response to complaints

Seafarers Trade unions Serious non-conformities

Detention until non-conformities rectified

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7. ON-BOARD COMPLAINT PROCEDURES EMPOWER SEAFARERS

Owners must:
Notify seafarers of rights to file complaints
Provide pertinent MLC documents

Provide on-board impartial ombudsman

Assure right for seafarer to be represented Prevent victimization Document procedures Report to social partners

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7. ON-BOARD COMPLAINT PROCEDURES EMPOWER SEAFARERS (cont.)

Resolution at lowest level encouraged
Immediate supervisor
Up chain of command

BUT, right to complain directly to:

Master, or External Authorities
Flag administration
RO Inspector Port state Labor organization representative
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8. SEAFARER COMPLAINTS COULD DISRUPT OPERATIONS

Flag state and PSC inspectors & ROs) are responsible for investigating seafarer complaints
Inspect, examine, question, test or inquire

Inspectors may require correction of deficiencies Inspectors may prohibit vessels from sailing if:
Grounds to believe serious breach of MLC rights

Significant danger to:

Health Safety Security
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9. COLLECTIVE BARGAINING AGREEMENTS ARE IN PLAY

Member states must implement MLC through:
National laws, regulations, or
Other measures

MLC can be met through standard:

SEAs

CBAs

SEAs & CBAs may be affected by national laws

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10. RISK MITIGATION SHOULD START NOW!

Establish protocols for on-board complaint procedures
Record keeping practices Routine vs. serious complaints
Involvement of social partners

Special training for senior crew

Conducting investigations
Interviews Record keeping Confidentiality
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10. RISK MITIGATION SHOULD START NOW!

(cont.)
Assess flag state adjudicatory relief Assess availability of remedies under U.S. law

Establish rapid response plan:

To mitigate risk of detentions To assist on-board investigations To anticipate collateral legal proceedings

Appoint a response team

Graduated response
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QUESTIONS?
austin.olney@hklaw.com www.hklaw.com