C2.3.a. Must both hours of work and rest be regulated?
No. Regulation 2.3, paragraph 2, and Standard A2.3, paragraph 2 of the MLC, 2006 require each country to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time [see C2.3.b.]. It is up to the country to decide which of the two arrangements to choose [see C2.3.d.]. Also, although not required to do so by the MLC, 2006, some countries, as a matter of national law, have chosen to apply both requirements. In this case, it has been noted that Standard A2.3, paragraph 2, should not be understood as giving shipowners or masters an option to choose between one or the other systems (hours of work or hours of rest) 50 . It is also important to understand that these standards are a minimum and maximum only and that it is essential that the danger posed by fatigue be taken into account (see Standard A.2.3, paragraph 4).
Hours of work and hours of rest