4712296

Port State Control
on Maritime Labour Convention, 2

006
Tokyo MOU
Ministry of Land, Infrastructure, Transport and Tourism
Index
(1) Overview
(2) Outline of MLC,2006
(3) PSC inspection regarding MLC,2006
(3-1) Initial inspection
(3-2) More detailed inspection
(3-3) Complaints
(3-4) Rectification Action Plan
(3-5) Reporting
(1) OVERVIEW
(1) Overview
ILO
International Labour Organization
on 1919. First specialized agency of the UN

ounded
in aim is to promote rights at work, encourage decent

opportunities, enhance social protection and
ployment
engthen dialogue in handling work-related issues
Member states:185 countries
189
conventions, 5 protocols and 201 recommendations
on 1st June 2012
on 1st June 2012
(IMO has 50 conventions and protocols)
Special tripartite committee

consist of following representatives. Government , Shipowner ,Seafarers )
4
(1) Overview
Problems in current ILO conventions
Many of the existing maritime labour Conventions were out of date and did not reflect
contemporary working and living conditions
Many of the conventions are very detailed and difficult for governments to ratify all
Many of the conventions had low levels of ratification
More than 68 international labour standards are consolidated and updated
ILO adopted MLC,2006 on 23rd Feb. 2006

The forth pillar of international regulatory regime
International Convention for the Safety of
SOLAS
Life at Sea
IMO
International Convention for the Prevention

MARPOL
of Pollution from Ships
International Convention on Standards of Training,
STCW and Watchkeeping for Seafarers
Certification
ILO
Maritime Labour Convention, 2006

MLC
(1) Overview
Current situation
Excellent ship
Po
r
cou t in
ntr
A y
Decent working condition

High level of safety
Substandard ship Bad working condition
e.g. long working hours P

or
cou t in
Low level of safety
n
B
Problems
There is unfair competition (substandard ships are low cost)
An increase of substandard ships may cause ships casualty
Modernization of shipping doesnt progress
6
tr y
(1) Overview
After entry into force of the convention
Flag state inspection
Inspection of
working condition
Port in
country
A
I want
decent
working
condition
.
Substandard ship
(country A)
PSC
Detention until rectification
non-members
ships are also
inspected
If we have an
appropriate
certificate, PSC
inspections
become easier
Substandard ship (country B)

Po
r
If certificates are
cou t in
ntr
appropriate,
C y
initial inspection only
Excellent ship (country A)

(Flag state inspection was already carried out)
Effect
(1)A level playing field in global standard
(2)Improvement of working condition and safe voyage
(3)Elimination of sub standard ship by Flag State inspections and PSC
(4)Improving efficiency of PSC with certificates issued in flag state
inspections
7
(1) Overview
Maritime Labor Convention (MLC,2006)

Thirty countries ratified on 20th August 2012
Entry into force on 20th August 2013 (for the 30 countries)
If another country ratifies MLC 2006, it will entry into f

orce 12 months after the countrys ratification
Entry into
force
(20.08.2013)
30 countries
ratified
(20.08.2012)
Ratified in a
country
(other than
the 30
countries)
12 months
Entry into
force for the
country
PSC inspections start
(2) OUTLINE OF MLC,2006
- structure
Structure of the convention
Article I - XVI
TITLE1. MINIMUM REQIREMENTS FOR SEAFARERS
TO WORK ON A SHIP
TITLE2. CONDITIONS OF EMPLOYMENT
TITLE3. ACCOMMODATION, RECRATIONAL
FACILITIES, FOOD AND CATERING
TITLE4. HEALTH PROTECTION, MEDICAL CARE,
WELFARE AND SOCIAL SECURITY
PROTECTION
TITLE5. COMPLIANCE AND ENFORCEMENT10
(2) Outline of MLC,2006 - structure

Structure of the convention
Articles
Regulations
Part A: Standard (Mandatory)
Part B: Guideline (Not mandatory)
MLC, 2006
Articles
Regulation 1.1
Part A 1.1
Part B 1.1
Regulation 1.2
Part A 1.2
Part B 1.2
Regulation 1.3
MLC 2006, applies:

All seafarers
who are on board a ship
to which MLC 2006 applies
All ships engaged in commercial activities
MLC 2006, does NOT apply to:
Fishing vessels
Ships of Traditional
build
warships
Ships engaged in not

commercial activity

The definition of ship owner Article II
Ship owner either A or B
Ship operator, employer of seafarers
Ship owner
A
Responsibility
for the operation
of the ship
duties and
responsibilities
imposed in
accordance with
this Convention
Taking over
Another organization or
person B
Manager
Agent
Bareboat
charterer
who has assumed the responsibility

for the operation of the ship and
agreed to take over the duties and
responsibilities imposed in
accordance with this convention
An organization or a person who made DMLC13 Part II

Seafarers
Seafarer
s
Workers on
shore
(Not seafarer)
Captain
Pilot
Ship owner
C/O
Repairer
Operator
Service crew
Guest entertainer
Management company
In the event of doubt

In the event of doubt as to whether any categories of persons are to be regarded as
seafarers, the question shall be determined by the competent authority in each
member after consultation with the shipowners and seafarers organizations.
The determination shall be communicated to the ILO.
Ships
In the event of doubt as to whether this Convention applies to a ship or particular
category of ships, the question shall be determined by the competent authority in each
Member after consultation with the shipowners and seafarers organizations
concerned. The determination shall be communicated to the ILO.
(2) Outline of MLC,2006 Title 1 minimum requirements for seafarers

Minimum age Reg.1.1
No person below the minimum age shall be employed or engaged
or work on a ship
Under
Under the
the age
age of
of 16
16
Work
Work on
on board
board aa ship
ship
A period of at least 9 hours
including 0 AM - 5 AM
Under
Under the
the age
age of
of 18
18
Night
Night work
work
An exception of Night work

the effective training of the seafarers would be impaired
the specific nature of the duty or a recognized training
programme requires that the seafarers perform duties at night
and the authority determines, after consultation with the
shipowners and seafarers organizations
Dangerous
Dangerous work
work15

Medical Certificate Reg.1.2
Seafarers shall not work on a ship unless they are certified as
medically fit to perform their duties
Seafarers
able to work
taking medical examination
Medical
practitioner
Each medical certificate shall

Medical
Medical certificate
certificate
state
STCWs
STCWs certificate
certificate is
is OK
OK
the hearing and sight are

satisfactory
color vision (when affected) is
satisfactory
medical condition fit for
service at sea
certificate refused or
limitation imposed
Further examination
another independent
medical practitioner
or medical referee.
16
Medical Certificate Reg.1.2 (conti

nue)
the period of validity of medical certificate
maximum two years if under the age of 18,
one year
the period of validity of a certification of colour vision
maximum six years
In urgent cases
the competent authority may permit a seafarer to work without a
valid medical certificate until the next port of call where the seafarer
can obtain a medical certificate (maximum 3 months)
If the period of validity of a certificate expires in the course of a
voyage
the certificate shall continue in force until the next port of call
where the seafarer can obtain a medical certificate (maximum 3
months)

Training and qualifications Reg.1.3
seafarers shall be trained or qualified to carry out their duties on
board ship
Seafarers
Certification or
qualification to
perform duties
Permitted to
work
Training for
personal safety
on board ship
Training
Training and
and certification
certification in
in accordance
accordance with
with the
the mandatory
mandatory
18
instruments
instruments adopted
adopted by
by the
the IMO
IMO shall
shall be
be considered
considered as
as meeting
meeting
the
the requirements
requirements

Recruitment and placement Reg.1.4
Ship owners shall use seafarer recruitment and placement services
that conform to the requirements of the convention
services operating in a Members territory
The services comply with the
convention
recruitment
Seeking a job
Free of charge
employment
agreement
Shipowners
services operating in a nonmembers

territory
The service may not comply with
the convention
the service that comply with

the convention shall be used
Seafarers
Each Member require that the shipowners who use seafarer recruitment
19 that
and placement services based in nonmembers territory, ensure
those services meet the requirements of the convention.
(2) Outline of MLC,2006 Title 2. conditions of employment
Seafarers employment agreements Reg.2.1

Showing clear
Condition of
employment
Ship owner
Seafarer
agreement
Corrective
Bargaining
Agreement
(CBA)
Original
SEA signed by
both of them
Original
All or part
of a SEA
A co
ava py sh
ilab
a
le o ll be
n bo
ard
A copy shall
be available
onboard
seafarers shall be
given a record of their
employment onboard
the ship
20
Seafarers employment agreements Reg.2.1

(continue)
Particulars in SEA
Where the language of the SEA and any

applicable CBA are not in English,
a standard form of the SEA and
the portion of the CBA that are subject
to a PSC inspection
shall also be available in English.
minimum notice periods for the early ter
mination of a SEA at least 7 days
(a member determines after consultation
with the shipowners and seafarers orga
nizations)
the seafarers full name, date

of birth, birthplace
the shipowners name and
address
the place where and date when
the SEA is entered into;
Capacity, Wages, Paid leave
Condition of Termination
agreement for an indefinite
period
agreement for a definite
period
agreement for a voyage
the health and social security
protection
entitlement to repatriation
reference to the CBA
any other particulars which
national law may require

Wages Reg.2.2
Including the rate of exchange used where
payment has been made in a currency different
from the one agreed to
Ship owner
Wages
Giving an account
(a pay slip)
paid in full
paid in currency
no greater than
monthly intervals
Seafarer
Family
able to transmit all or part of

their earnings to their families
remittance at regular intervals to their families by
bank transfers or similar means
remitted in due time and directly to the person or
persons nominated by the seafarers.
Any charge for the remittance to their families shall be reasonable in amount
rate of currency exchange shall, in accordance with national laws or regulations, be at
22
the prevailing market rate or the official published rate and not unfavourable to the
seafarer
s of work and hours of rest Reg.2.3

Maximum hours of work
14 hours in any 24-hour period
72 hours in any 7-day period
establishes
either
Member
normal working hours standard
Minimum hours of rest

10 hours in any 24-hour period
77 hours in any 7-day period.
CBA may
permit
exceptions
for seafarers
an eight-hour day
one day of rest per week
base
Hours of rest may be divided into two periods
one of which shall be at least six hours

interval between consecutive periods of rest shall not exceed 14 hours
Hours of rest
6h or more
Hours of work
within 14h
24h
Hours of rest
Hours of work and hours of rest Reg.

2.3 (continue)
Drills shall be conducted in a manner that minimizes the disturbance of
rest periods and does not induce fatigue
When a seafarer is on call, such as when a machinery space is unattended,
the seafarer shall have an adequate compensatory rest period if the normal
period of rest is disturbed by call-outs
a table with
the shipboard working arrangements
schedule of service at sea and service in port

maximum hours of work or minimum hours of
rest
Posting in a ship
records of hours of
work or hours of rest
seafarers shall receive
a copy of the records
24

Entitlement to leave Reg.2.4
adopt laws and
regulations
Member
Prohibited
minimum standards
for annual leave
on the basis of a
minimum of 2.5 calendar days per
month
Prohibited
Considering
justified absences
from work as the
annual leave
Any agreement
to forgo the
minimum annual
leave with pay
25

Manning levels Reg.2.7
To ensure that seafarers work on board ships with sufficient
personnel
determining
approving
revising
competent
authority
Manning levels
Principles on Safe
Manning
following shall be taken into account
IMO Res. A1047
the principles in international instruments
(especially IMO)
the need to minimize excessive hours of
work
sufficient rest and to limit fatigue
the requirement concerning food and
catering(Reg. 3.2)
issuing a Minimum safe manning

document or an equivalent
Shipowner
Employing sufficient personnel
to ensure that ships are operated safely, efficiently and

with due regard to security
to comply with the standards of this Convention.
26
(2) Outline of MLC,2006 Title 3. accommodation, recreational facilities, food and catering
Accommodation and recreational
facilities Reg.3.1
applied only to ships constructed on or

after the date when this Convention comes
into force for the Member
General requirements for accommodation

head room in accommodation shall be not less than 203 cm, adequately insulated
lighting and drainage shall be provided preventing the risk of exposure to noise and
vibration, other ambient factors and chemicals
Sleeping rooms
(there is a requirement of floor area)
Passenger ship,
Special Purpose Ship
Master, C/E, C/O shall have

sleeping rooms, an adjoining
sitting room and day room
Other than passenger ships
Other than officers

a room can be shared
(More than 4 persons are
permitted in a SPS)
A single room
separate sleeping rooms for men and

women
a separate berth L198W180cm
no direct openings into sleeping rooms
from cargo and machinery spaces, etc.
each room shall have a locker, desk ,
etc.
Mess room
sleeping rooms
apart from the sleeping rooms and mess rooms
as close as practicable to the shall be lit by
galley
natural light and
artificial light
above the
load line
amidships
or aft
A washbasin in
each sleeping
room except
passenger ship
Accommodation and recreational
facilities Reg.3.1 (continue)
sanitary facilities
One facility for every six persons
Other facilities
Hospital accommodation
(15 or more seafarers
a voyage of more than 3 days)
Air-conditioner
A space on open deck to
which the seafarers can have
access when off duty
Heater
Ventilator
common
ships office
28
Food and catering Reg.3.2
shall be
suitable in respect
of quantity, nutritional value, quality and
203cm
variety
having regard to

number of seafarers religious requirements and cultural practices
duration and nature of the voyage
catering department
trained and qualified

(18 years old or more)
ships cooks
free of charge
during the
period of
engagement.
Seafarers
varied and nutritious

meals
prepared and served in hygienic conditions
ships not required to have ships cook
anyone processing food in the galley shall

be trained or instructed
food and personal hygiene as well as handling
and storage of food
frequent documented inspections be carried out on board ships, by or under the authority of
the master
supplies of food and drinking water
all spaces and equipment used for the storage and handling of food and 29
drinking water
galley and other equipment for the preparation and service of meals
(2) Outline of MLC,2006 Title 4 Health protection, medical care, welfare and social security
al care on board ship and ashore Reg.4.1
a standard medical
report form for
medical advice
(available 24 hours)
use by the ships

masters and relevant
onshore and on-board
medical personnel
all ships
shall carry
the right to visit a qualified

medical doctor in ports of call
Health protection and medical care
Medical care
comparable
generally available
to workers ashore
Free
including
measures of a
preventive
character (health
promotion , etc.)
a medicine
chest
a medical
equipment
A medical
guide
Medical doctor
100 or more persons, ships

engaged on international voyages of
more than three days duration
seafarer in charge of
medical care or
administering medicine or
medical first aid
Either 1
seafarer
30 a medical doctor
(ships which do not carry
(2) Outline of MLC,2006 Title 4 Health protection, medical care, welfare and social security
Health and safety protection and accident prevention (Reg.4.3)
Each Member develop national guidelines after consultation with representative shipowners
and seafarers organizations

Each Member shall adopt laws and regulations regarding safety and health protection
Ke
pu ep, a
blis na
lys
h
e
National laws and regulations

adoption and effective implementation and
promotion of occupational safety and
health policies and programmes
precautions to prevent occupational
accidents (harmful levels of ambient factors
and chemicals)
on-board programmes
prevention of occupational accidents
continuous improvement in occupational
safety and health protection
inspecting, reporting and correcting
unsafe conditions
Reporting
accidents
and
diseases
comply
information
concerning
particular
hazards
,a
nd
er
f
re
Ship owner, Seafarers, and others

concerned
investigating and reporting on-board

occupational accidents
establishing a ships safety committee
comprehensiv
e statistics of
accidents and
diseases
31
Title
5 Compliance and enforcement
On-board complaint procedures

Competent authority
Ship owner
No victimization of seafarers
for lodging complaints
a copy of the on-board
complaint procedures
Developing an on-board
complaint procedures
Master
complaint
Breach of the
requirement!
Complaint
Seafarers
32

List of maters
inspected and
approved to issue
MLC
1. Minimum age
2. Medical certification
3. Qualifications of
seafarers
4. SEA
5. Use of recruitment and
placement service
6. Hours of work or rest
7. Manning levels
8. Accommodation
9. On-board recreational
facilities
10. Food and catering
11. Health and safety and
accident prevention
12. On-board medical care
13. On-board complaint
procedures
14. Payment of wages
Title
Flag state
intermediate inspection
inspection
14 areas meet requirement

certificates are issued
(between 2nd and rd

anniversary)
Regular
Inspections
(every 5 years)
Reg. 5.1.4
empower to carry
out inspections
Reg. 5.1.4
empowerin
g
MLC
Ships which MLC,2006

applies
International voyage
500GT or over
DMLC
Inspection(no case exceed 3

years)
to board a ship
examination, test or inquiry
require that a deficiency is remedied
prohibit a ship from leaving port
PSC inspection
A foreign ship in the port of a Member
Checking documents
MLC
DMLC
No deficiency
Deficiency is
found
Documents are not produced
serious breach of requirement
hazard to seafarers
complaint
More
detailed
inspection
Other than
following
a)Clearly hazardous
b)Serious or repeated
breach
Ship
can sail
detain
Title
of Declaration of Maritime Labor Compliance part II

rt
Draw up measures
to ensure ongoing
compliance
Regular
Inspections
Continuous improvement
Improve the measures to

rectify non-compliance
the procedures to
be followed where
non-compliance is
noted
(Guideline B)
Carry out the

measures
drawn up
Verify the
ongoing
compliance
the records to
be taken should
be indicated
(Guideline B)
Regular
Inspections
the persons
responsible for
verification
should be
indicated
(Guideline B)
34
These are written on DMLC part II and submitted
to competent authority before inspection
(3) PSC INSPECTION RE

GARDING MLC,2006
(Characteristic of PSC inspection of MLC,2006)
Certificates
Posted
documents
Facilities
Certificates(Maritime Labor Certificates, etc.)

Posted documents
(Shipboard working arrangements table)
Facilities (Accommodation, Sanitary)
(Initial inspection and more detailed inspection)

Initial inspection
A PSCO checks Certificates
If the PSCO finds clear grounds
during an inspection tour
The PSCO may carry out more detailed

inspection
Similar manner to SOLAS, STCW, etc.
14 areas checked in more detailed inspection

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Minimum age of seafarers

Medical certification of seafarers
Qualifications of seafarers
Seafarers employment agreements (SEA)
Use of any licensed or certified or regulated private recruitment and pl
acement service for seafarers
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages
(3-1) INITIAL INSPECTION
Certificates (Ships 500GT or more)

MLC
MLC
DMLC
Part I
DMLC
Part II
DMLC
DMLC part I (issued by a flag state)
DMLC part II (written by a ship owner)
or
Interim MLC
DMLC need not be issued
Interim
MLC
No DMLC

Resolution XVII (International Labour Conference 94th session)
Resolution concerning the practical implementation
of the issue of certificates on entry into force
Flag states and RO have insufficient number of inspectors
It will not be possible to certify all ships before entry into force
Requests further that, during a period of one year following the i
nitial entry into force of the Convention, Members (both flag and
port States) give due consideration to allowing ships to continue
to operate without the certificate and declaration
30 countries
ratified
MLC,2006
20.08.2012
MLC,2006
Entry into
force
20.08.2013
Certification for bulk carriers

and passenger ships
20.08.2014
Requested to give due consideration to

allowing ships to operate without certificate
MLC (Maritime Labour cetificate)

MLC
valid for 5 years
Date of issue
Signature
Date of expiry
Endorsement of intermediate survey

DMLC (Declaration of Maritime Labor Compliance)
Country A
Country A
DMLC part I
(issued by a flag state)
DMLC part I includes
Flags national requirement
s
Substantial equivalencies
Exemptions
(MLC certifies the ships comp
liance and DMLC is attached
document of MLC)

DMLC
DMLC part I
Flags national requ
irements in the 14
areas
Signature and stam

p of a flag state
DMLC part II
(written by a ship owner)
Shipowners measures in
the 14 areas for ensuring
ongoing compliance
Check points on the certificates

Certificates are issued by Flag state
or RO?
MLC is not expired?
MLC
valid until
xx.xx.2013
Original certificates are onboard?

Is there a signature or stamp of flag
state or RO?
A copy is posted in a conspicuous p
lace on board?

Ships under 500GT
Checking
Inspection report issued by Flag
state
If a PSCO finds the ship clearl

y do not conform to the requir
ements or a complaint is alleg
ed, the PSCO may carry out a
n inspection regarding the ma
tter.
Country A
Inspection report
Ships of non-party
No more favourable tre
atment
Checking
Inspection report or
Statement of compliance is
sued by RO
If both of certificates are not pr
oduced, PSCO may carry out
more detailed inspection regar
ding 14 areas
(3-2)MORE DETAILED
INSPECTION
A more detailed inspection may be carried out

when
documents do not comply
with MLC,2006
working and living conditions
do not conform
the ship has changed flag
for avoiding compliance
there is complaint alleging
that working and living conditions
do not conform
Country
A
Country
B
Breach of the
requirement!
A more detailed inspection may be carried out

when
on shore complaint, which falls within the PSC act
ivities, and a more detailed inspection is judged a
s necessary. or
previously reported deficiencies have
not been rectified or completed or
the ship flies the flag of a State that has
not ratified the MLC, 2006.
Form B
SEA
17
-missing
Lighting
17
-damaged
Non
member
A more detailed inspection shall in any cas

e be carried out, where
the working and living conditions
believed or alleged to be defective
could constitute a clear hazard to the
safety, health or security of seafarers,
or
the PSCO has grounds to believe that any defi
ciencies constitute a serious breach of the requ
irements of the MLC, 2006 (including seafarers
rights)
However,
More detailed inspection need not be carried
out due to absence of MLC and DMLC
until 20.08.2014. (ref. Resolution XVII)
30 countries
ratified
MLC,2006
20.08.2012
MLC,2006
Entry into
force
20.08.2013
20.08.2014
One year
Opportunity to check 14 areas

(1) during PSCO checks certificates
Minimum age (from crew list)
Medical certificates, etc.
STCW requirement, Manning levels(from MSMD)
(2) during inspection tour

Working hours: shipboard working arrangements table
Foods and catering (with inspection of the fire insulation
on galley)
Visual inspection of Accommodation area, galley, and m
ess room regarding hygiene condition

Check Points in 14 areas
What is the basic requirements
Refer as well
List of example deficiencies in the 14 areas
(Annex 3 of the guideline)

Check Points in 14 areas No.1
(1) Minimum age: No under-age persons work

Seafarers below 16 years old
(MLC,2006 Reg.1.1.2)
(2) Medical certificates: validity

Maximum two years for seafarers18 years or older
Maximum one year for seafarers below18 years ol
d

(3)Training and qualifications:

as before
(4)Seafarers Employment Agreement

Is there the copy of SEA signed by
the seafarer and the ship owner
onboard?
An original SEA is not required onboard.
Seafarer is given the record of employment?

(5) Recruitment and placement

Check documents onboard.
(e.g. license or certificate that the service me
ets the requirement of MLC,2006 issued by R
O)
Its not mandatory to have the license onboard but
It can be documentary evidence to show complian
ce of MLC,2006,

(6) Hours of work

Is there a table with the shipboard working arr
angements?
Maximum hours and minimum hours of rest ar
e satisfied?
Shipboard working arrangements table,
record of working hours and
watch keeping table can be compared each other
(These matters are possible to be the theme of CI
C 2014)

(7)Manning levels
as before
(8) Accommodation and

(9) recreational facilities
applied to ships keel laid on or after the date o
f entry into force
Separate sleeping rooms and toilets for men and w
omen
Presence or absence of Ventilation, Heating, laund
ry facilities
Inspection record of accommodation

(10) Food and catering

Sufficient amount and nutrients vary.
Is there extreme shortage or rottenness of foo
ds?
Ships cook is 18 years or older?

(11) Health and safety protection and acci

dent prevention
e.g. whether Safety Management Manual inc
ludes the procedure of health protection , acci
dent prevention

(12)On-board medical care

Is there a medical chest, medical e
quipment, and medical guide?
Seafarer in charge of first-aid was
designated?
Is there a medical report form?

(13)On-board complaint procedures

Is there a copy of on-board complaint procedu
re applicable on the ship?
(14)Payment of wages
Wages are paid monthly?
checking the copy of a pay slip
(However, its not mandatory to keep it onboard)
When you find a matter that seems to be deficie

ncy,
1) Take photos and notes
Interview a crew (in a cabin, etc.)
2) Check a DMLC when writing Form A and B
(Verify National requirement)
3) Interview captain and confirm
If there is a clear evidence, PSCO may consider d
etention
Require a RAP
List of example deficiencies warranting det

ention (Annex 4 of the guideline)
(3-3) COMPLAINTS
(3-3)Complaints
Flow chart
On-shore complaint
(Annex 8)
(3-3)Complaints
The regulation of complaints in MLC, 2006

(1) On-board complaint procedure(A5.1.5)
Complaints are firstly handled in the onboard complaint pr
ocedure
(2) Complaints that are made as part of the PSC ins

pection procedure(A5.2.1 para. 1(d))
Seafarers, professional organizations, association, trade
union, and any person with an interest in the safety of the
ship can submit the complaints
(3) Onshore complaint (A5.2.2)

Complaints from seafarers in a port state
(3-3)Complaints
Outline of
Flow chart
Step 1
Step 2
Onshore complaint
procedure
A5.2.2
Complaints as
part of the PSC
inspection
A5.2.1
Step 3
(3-3)Complaints
Step 1
Determining whether the complaint should be ha
ndled under PSC procedure
complaints fall outside the14 areas should not be han
dled under PSC procedure under this Guidelines
PSCO decide whether or not to carry out a more detai
led inspection
Step 1
(3-3)Complaints
1. Interview carefully
(Who, What, When, Where, Why, How,
+How many, How much, How long)
2. Is it non compliance of MLC, 2006?

Wages stated in SEA was not paid
should be handled
Wages stated in SEA is too cheap
should not be handled
The complaint falls inside the 14 areas?
(3-3)Complaints
Step 2 Inspection process

Complaint as a part of
PSC inspection A5.2.1
Step 2
Ascertain whether on-board

complaint procedure has b
een used.
PSCO should seek to prom
ote a resolution of the comp
laint at the ship board level.
The master, the shipowner
and any person involved sh
all be permitted to express t
heir view
If the complaint cannot be r
esolved at shipboard level,
the flag state should be noti
fied and requested within a
prescribed deadline to provi
de advice and a corrective
plan of action
(3-3)Complaints
PSC
3. Did you use on-board complaint proced

ure?
No, I didnt. Ill try to use the procedure.
or
End
4. The complaint was not solved through o

nboard complaint procedure. Captain doe
s not listen to me.
(3-3)Complaints
PSC
5. Is there a documentary evidence for nonco

mpliance with MLC, 2006?
Is it all right to ask other crew regarding
this matter?
Ill ask captain and confirm your complaint bu
t Ill not tell who made the complaint.
6. Record these information (1. 5.)
(If the crew agrees, the copy of documentary
evidence should be taken.)
(3-3)Complaints
7. Check the DMLC

(flags national requirement)
PSC
8. Captain, I got information that the a

ctual work hours are different from th
e record and exceed the limitation.
Check the watch schedule, record, a
nd difference from complaints
(3-3)Complaints
9. We actually couldnt increase the pers

onnel because of our companys order. W
atch schedule is sometime not
0-4, 4-8, 8-0 but 0-6,6-0
ATC 17 or 30 (DETAIN)
(If its repeated breach, ATC may be 30)
RAP should be required
(to revise the watch table or records of hours of work)
(3-3)Complaints
10. We comply with the convention.

Is there an evidence of non conformity?
If PSCO carried out more detailed inspection
and didnt find the evidence, the inspection is f
inished.
PSC
Well inform this complaint to the flag state.
(3-3)Complaints
Step 3 Dealing with an unresolved

complaint
Step 3
If the flag State advises that it will resolve the

matter and will provide a corrective plan of acti
on within a prescribed deadline decided by PS
CO, the PSCO will not have any further involv
ement.
If the complaint is not resolved by the flag Stat
e within the prescribed deadline, then the port
State shall transmit the inspection result to th
e ILO with a format of annex 5 and inform the
appropriate ship-owners and seafarers organi
zations in the port State (Standard A.5.2.2 par
agraph 6).
(3-4)RECTIFICATION
ACTION PLAN (RAP)
(3-4) Rectification action plan(RAP)

Rectification Action Plan: RAP
RAP is an action plan to rectify a detainable deficiency
If PSCO accept the RAP, the ship may be released.
It is the joint responsibility of the shipowner and the m
aster to propose and implement a RAP
The RAP should specify
the action required

Agreed time frame acceptable to all parties, within which peri
od the prescribed items will be rectified
The RAP should be submitted to the flag state or RO b

efore the RAP is proposed to the PSCO.
Rectification Action Plan: RAP

(1) Clear evidence of deficiency was found
(2) Write Form A and B
(3) Require a RAP
When deciding whether or not to accept a RAP

the following elements should be considered:
the length and nature of the intended voyage or service;
the nature of the hazard to seafarers safety, health or security;
the seriousness of the breach of the requirements of the MLC, 2006 (incl
uding seafarers rights);
any previous history of deficiencies or repeated deficiencies;
whether or not the appropriate work or rest periods for seafarers are bein
g observed;
the safe manning requirements of the flag State;
the number and nature of deficiencies found during the particular inspect
ion.
(3-5) REPORTING
(3-5) Reporting
Reporting matrix in the guideline

Appropriate
Shipowners and
Seafarers
organization in
the port State.
Director
General of the
ILO
Flag State
PSC authority of Report forms

next port
Significant
deficiency* or
deficiency in
connection with
Complaint
Must be
informed
May be
informed if any
reply from flag
State
May be
informed
May be
Using report
informed
annex 5
according port
State Procedure
On shore
complaint not
resolved
Must be
informed
Must be
informed
Must be
informed
May be
Using report
informed
annex 5
according port
State Procedure
Ship detained
due to MLC,
2006 deficiency
Must be
informed
May be
informed
Must be
informed
May be
informed
Must be
Informed
Informed by
APCIS
May be
informed
RAP has been

agreed.
May be informed May be

informed if any
reply from flag
State
Using notice
of detention
(See Section
2-4 of Tokyo
MOU Manual)
Using notice
of release
(See section
2-5 of Tokyo
MOU Manual)
AT THE END,
At the end,
PSC is a right in the MLC ,2006

same as the other conventions
may be the subject of inspection
more detailed inspection may be carried out
As part of a PSC inspection, we can start i

nspections of MLC, 2006 regarding the m
atters that standard is clear and/or the mat
ters that can be inspected in a short time

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Port State Control

on Maritime Labour Convention, 2

Ministry of Land, Infrastructure, Transport and Tourism

on 1919. First specialized agency of the UN

in aim is to promote rights at work, encourage decent

Member states:185 countries

conventions, 5 protocols and 201 recommendations

on 1st June 2012

on 1st June 2012

(IMO has 50 conventions and protocols)

Special tripartite committee

ILO adopted MLC,2006 on 23rd Feb. 2006

International Convention for the Prevention

Maritime Labour Convention, 2006

Decent working condition

Substandard ship Bad working condition

e.g. long working hours P

Detention until rectification

Substandard ship (country B)

Excellent ship (country A)

Maritime Labor Convention (MLC,2006)

If another country ratifies MLC 2006, it will entry into f

(2) OUTLINE OF MLC,2006

(2) Outline of MLC,2006

Structure of the convention

(2) Outline of MLC,2006 - structure

(2) Outline of MLC,2006

MLC 2006, applies:

Ships engaged in not

(2) Outline of MLC,2006

who has assumed the responsibility

An organization or a person who made DMLC13 Part II

(2) Outline of MLC,2006

In the event of doubt

(2) Outline of MLC,2006 Title 1 minimum requirements for seafarers

An exception of Night work

(2) Outline of MLC,2006 Title 1 minimum requirements for seafarers

taking medical examination

Each medical certificate shall

the hearing and sight are

(2) Outline of MLC,2006 Title 1 minimum requirements for seafarers

Medical Certificate Reg.1.2 (conti

(2) Outline of MLC,2006 Title 1 minimum requirements for seafarers

(2) Outline of MLC,2006 Title 1 minimum requirements for seafarers

services operating in a nonmembers

the service that comply with

(2) Outline of MLC,2006 Title 2. conditions of employment

Seafarers employment agreements Reg.2.1

(2) Outline of MLC,2006 Title 2. conditions of employment

Seafarers employment agreements Reg.2.1

Where the language of the SEA and any

the seafarers full name, date

(2) Outline of MLC,2006 Title 2. conditions of employment

able to transmit all or part of

(2) Outline of MLC,2006 Title 2. conditions of employment

s of work and hours of rest Reg.2.3

normal working hours standard

Minimum hours of rest

Hours of rest may be divided into two periods

one of which shall be at least six hours

(2) Outline of MLC,2006 Title 2. conditions of employment

Hours of work and hours of rest Reg.

schedule of service at sea and service in port