B1. Who is protected by the MLC, 2006?

The MLC, 2006 applies to “seafarers” as defined in its Article II, paragraph 1(f), that is, all persons who are employed or are engaged or work in any capacity on board a ship to which the Convention applies [see B4.]. This definition includes not just the crew involved in navigating or operating the ship but also, for example, hotel personnel working on the ship. There could be cases where it is not clear whether a category of workers are to be regarded as “seafarers” covered by the Convention. Article II, paragraph 3, addresses this situation. In the event of doubt, the national competent authority [see A25.] must make a determination on the question after consultation with the shipowners’ and seafarers’ organizations concerned [see B15.]. In 2006 when it adopted the MLC, 2006, the International Labour Conference also adopted a Resolution concerning information on occupational groups (see resolution VII of the 94th ILC MLC, 2006 resolutions) ³⁷ , which provides international tripartite guidance on factors to consider in making determinations in these cases. Information about any national determinations that have been made must be communicated to the Director-General of the ILO. National information that has been communicated by ratifying countries is available in the “MLC, database” on the ILO MLC, 2006 website ³⁸ .