A12. What is the status of the Guidelines in Part B of the Code?

Countries that ratify the MLC, 2006 must adopt national laws or take other measures to ensure that the principles and rights contained in the Regulations are implemented in the manner set out by the Standards set out in Part A of the Code (or in a substantially equivalent manner) [see A11.]. When deciding on the details of their laws or other implementing measures [see A8.], the ratifying countries must give due consideration to following the Guidelines set out in Part B of the Code. Provided that they have given this due consideration, ratifying countries may implement the mandatory provisions in a different way, more suited to their national circumstances. In this case, the government concerned may be asked to explain to the ILO supervisory bodies why it has decided not to follow the guidance in Part B of the Code ¹⁶ . Implementation of Part B of the Code is not verified by authorized officers during PSC inspection; however, it may be reviewed by the ILO’s supervisory system ¹⁷ [see A38.].

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¹⁶ Information about the ILO’s supervisory system is available on the ILO website at www.ilo.org/normes under the heading “Labour standards”, and the links under the subheading “Supervisory bodies and procedures”. See also the direct requests adopted in relation to Fiji (2017), Marshall Islands (2017) and Italy (2016).

¹⁷ See for example the direct requests adopted by the Committee of Experts regarding Croatia (2017), Japan (2016) and Liberia (2016).

General questions about the MLC, 2006