C4.5.b. What does the MLC, 2006 require for social security?

The MLC, 2006 requires that all seafarers be provided with social protection. This covers a number of complementary requirements including prevention-based approaches in connection with occupational safety and health, medical examinations, hours of work and rest and catering. Social protection is mainly addressed in Title 4 with respect to Medical care (Regulation 4.1); Shipowners’ liability (Regulation 4.2) and Social security (Regulation 4.5). Regulation 4.5 and the related Standard A4.5 reflect an approach that recognizes the wide range of national systems and schemes and differing areas of coverage with respect to the provision of social security. Under Standard A4.5, paragraphs 1, 2 and 3, a ratifying country is required to “take steps according to its national circumstances” to provide the complementary social security protection, in at least three branches [see C4.5.c.] to all seafarers ordinarily resident in its territory. The resulting protection must be no less favourable than that enjoyed by shoreworkers resident in its territory. If a country’s social security system for seafarers at least meets these two basic conditions, the country is in a position to ratify the MLC, 2006 as far as its obligation to provide social security to seafarers is concerned. Flexibility is provided to facilitate the fulfilment of this obligation [see C4.5.f.].

Although the aim of Regulation 4.5 is that all seafarers, whatever their nationality or residence and whatever the flags of the ships they work on, should be protected by comprehensive social security protection, the undertaking under the MLC, 2006 of each ratifying country is not to provide such comprehensive coverage outright, but rather to progress towards it: “to take steps, according to its national circumstances … to achieve progressively comprehensive social security protection for seafarers”.

Social security