Maritime Labor Convention

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The Maritime Labor Convention (2006) of the International Labor Organization ( 2006 Consolidated Maritime Labor Convention of the International Labor Organization , MLC 2006 for short) contains basic (employment and social) rights of seafarers. It brings together more than 60 current legal instruments - recommendations and conventions - that have been adopted by the International Labor Organization (ILO) since 1920. The Maritime Labor Convention is the first international treaty that defines labor standards worldwide. The aim of the convention is to improve the working and living conditions for seafarers through global minimum standards, to strengthen the safety of ships and to prevent social dumping with the resulting distortions of competition.

It was adopted unanimously by the ILO General Conference in Geneva on February 23, 2006 and entered into force on August 20, 2013.

In 2014, 2016 and 2018, extensions to the Maritime Labor Convention were agreed, which are in various phases of ratification.

application

The Maritime Labor Convention was ratified (as of April 2019) by 93 states, which represent 91% of world ship tonnage. It is enforced through flag and port state controls as well as a non-favoring clause. When it came into force, it became the fourth pillar of international maritime standards to ensure high quality and safety standards in maritime transport.

It has a status comparable to the three previously existing, globally recognized and implemented core conventions of the International Maritime Organization (IMO):

Structure of the Agreement

The agreement sets standards for working and living conditions on board in five titles:

  • Title 1: Minimum requirements for seafarers to work on ships
  • Title 2: Conditions of Employment
  • Title 3: Accommodation, leisure facilities, meals including service
  • Title 4: Health protection, medical care, social care and ensuring social security
  • Title 5: Compliance and Enforcement

enforcement

Enforcement of the Convention is made possible through three mechanisms:

Flag state control

Flag state controls are regular controls by representatives of the state whose flag a ship is flying. With the ratification of the Maritime Labor Convention, the flag states undertake to set up a corresponding control system.

Port State Control

The convention is particularly important in that the port states, i.e. H. the countries in which the ships call at ports carry out controls. Here, the states that ratify the agreement also undertake to implement a corresponding control system

Non-favoring clause

The non-favoring clause states that all ships calling at a port of a signatory state are subject to the rules, regardless of whether the flag state has ratified the agreement.

In Germany, the monitoring tasks are carried out by BG Verkehr .

Come into effect

For the entry into force of the Maritime Labor Convention, the ratifications of 30 ILO member states were required, which together have a gross tonnage (GT) of at least 33% of world trade tonnage . The requirement for 33% of world trade tonnage was already met in 2009. Ratification by the required 30 ILO member states took place in 2012, ultimately by the Russian Federation and the Philippines. The Maritime Labor Convention came into force on August 20, 2013.

The first ten ratifications were:

Within the European Union , parts of the maritime labor convention have been incorporated into a social partner agreement. The social partner agreement is implemented through an EU directive.

In Germany, the Bundestag unanimously approved the Federal Government's draft law on the Maritime Labor Convention 2006 of the International Labor Organization of 23 February 2006 (BT-Drs. 17/13059) on the recommendation of the Committee on Labor and Social Affairs (BT-Drs . 17/13302) adopted.

Individual evidence

  1. ↑ Christiane Schiffer: No ship will come , In: JUVE Rechtsmarkt , 5/2017, p. 70ff.
  2. ↑ a b Germany ratifies the Maritime Labor Convention (MLC) , press release of the International Labor Organization, August 16, 2013. Retrieved on August 20, 2013.
  3. ^ Maritime Labor Convention, 2006. Accessed April 27, 2019 .
  4. ↑ Milestone ratifications of seafarers' labor rights charter , press release, International Labor Organization, August 20, 2012. Retrieved August 20, 2013.
  5. ^ Draft of a law on the Maritime Labor Convention 2006 of the International Labor Organization of February 23, 2006 (PDF; 65 kB) , recommendation for a resolution and report by the Committee on Labor and Social Affairs (11th Committee), printed matter 17/13302, German Bundestag, April 25, 2013 Retrieved August 20, 2013.

literature

  • Heiko Schäffer: The Maritime Labor Convention of the International Labor Organization (2006) , Transportrecht 2008 issue 7/8, pp. 290-296
  • Heiko Schäffer / Mirjana Kapljic: Guideline for the Implementation of the Social Partner Agreement on the Maritime Labor Convention - New Development in Labor and Social Law for Seafarers , Journal for European Social and Labor Law 2009, pp. 170–175
  • Heiko Schäffer: New regulations for living and working conditions in shipping. The new ILO Maritime Labor Convention - implementation in national law , German Traffic Court Day, 47th VGT 2009, pp. 388–395.
  • Heiko Schäffer: Current developments in seafaring law , Deutsche Seeschifffahrt June 2010, pp. 20–25.
  • Petra Milde: "The Maritime Labor Convention 2006: An instrument to improve social responsibility in the cruise industry", in: P. Gibson, A.Papathanassis, P. Milde (Eds.): Cruise sector Challenges. Making Progress in an Uncertain World, Gabler Verlag 2011, pp 207-223

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