The Maritime Labour Convention, 2006 1 was adopted at the 94th (Maritime) Session of the International Labour Conference (ILC) on 23 February 2006. It entered into force on 20 August 2013 and was amended in 2014, 2016 and 2018. Its current title is The Maritime Labour Convention, 2006, as amended (MLC, 2006). As of May 2022, it has been ratified by 101 countries representing more than 96 per cent of the world gross tonnage of ships.
Since 2006, both interest and experience with the MLC, 2006 has grown. In 2012, in order to help promote greater ownership of the MLC, 2006 among constituents and also to facilitate the understanding of the Convention, the International Labour Office developed an online electronic database of answers to “Frequently Asked Questions” (FAQ), which was also made available in the form of an ILO paper printed publication. It has been prepared in three languages (English, French, Spanish) in a form that is quickly searchable for readers viewing it in electronic format (either online or downloading it as a pdf document) on the ILO dedicated website for the MLC, 2006. 2 The current FAQ, updated in 2019, is the fifth (revised) edition.
It is intended to be an easily accessible source of information to help persons engaged in the study or application of the MLC, 2006 to find answers to questions they have about this innovative ILO Convention. When relevant, references to the comments of the ILO Committee of Experts on the Application of Conventions and Recommendations have been added [see A38.].
It must be noted that the answers provided in the FAQ cannot in themselves be cited as authoritative legal opinions. This is because, firstly, the precise requirements of the Convention are those contained in the national laws or regulations or other measures adopted by each country to implement the MLC, 2006. No authoritative answer can, therefore, be given to any question without reference to the applicable national legal system. Secondly, the answers in the FAQ are intended to provide information in the form of brief explanations referring to the Convention and other reference materials rather than legal opinions as to the meaning of a requirement in the Convention or its application to an individual situation. Such opinions can be provided by the ILO to governments and shipowners’ and seafarers’ organizations, in particular, upon request and on the understanding that only the International Court of Justice is competent to give authoritative interpretations of international Labour Conventions.
The FAQ are organized under three main section headings.
- Section “A. General questions about the MLC, 2006” provides general information on the Convention, including on the role of the ILO in the implementation of the MLC, the history of the Convention, its structure and aims, as well as its current status.
- Section “B. Questions about the workers and ships covered by the MLC, 2006” deals with questions of application and provisions, mainly in the Articles of the Convention, regarding definition and application, notably to what ships does the MLC. 2006 apply and who is considered a seafarer protected by the MLC, 2006.
- Section “C. Questions relating to the Titles of the MLC, 2006” sets out questions and answers relating to specific or more technical matters. It follows the order of the five Titles (Titles 1–5) of the MLC, 2006:
Title 1. Minimum requirements for seafarers to work on a ship
Title 2. Conditions of employment
Title 3. Accommodation, recreational facilities, food and catering
Title 4. Health protection, medical care, welfare and social security protection
Title 5. Compliance and enforcement
There are references in many of the questions and answers to other related questions and answers in the FAQ. For those reading the FAQ in electronic or online format these references are also electronically linked (hypertext) to the other questions in the FAQ or referenced documents on the ILO website.