A31. Is the MLC, 2006 relevant to seafarers based in countries that have not ratified the MLC, 2006?
With the global nature of the maritime industry and seafaring, many seafarers work on board ships flying the flag of a country other than country in which they ordinarily reside. The MLC, 2006 standards on board ships as implemented nationally would also apply to protect them. If seafarers are working on a ship that is flying the flag of a country that has not ratified the MLC, 2006 then under Article V, paragraph 7 of the MLC, 2006 the “no more favourable treatment clause” [see A4.] would apply. It seeks to ensure a “level playing field” under which the ships flying the flag of countries that have ratified the Convention will not be placed at a competitive disadvantage as compared with ships flying the flag of countries that have not ratified the MLC, 2006. Although it appears that Article V, paragraph 7, could conceivably apply in various situations, in practice it relates essentially to the context of port State control under Regulation 5.2.1, with respect to ships flying a foreign flag and calling at a port of a ratifying country [see C5.3]. This means that working and living conditions on these ships may be subject to inspection by port States.
Under Regulation 1.4, paragraph 3, and Standard A1.4, paragraph 9 of the MLC, 2006 shipowners who use seafarer recruitment and placement services that are based in countries or territories in which the Convention does not apply must ensure, as far as practicable, that those services meet the requirements of Standard A1.4 [see C1.4.f.] Useful guidance is provided in the section on Regulation 1.4 in Chapter 3 of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006 30 .
General questions about the MLC, 2006