The Maritime Labour Convention, 2006—usually called MLC 2006—sets international minimum standards for many people working at sea. It is often described as a seafarers’ bill of rights because it consolidates a wide range of labour, welfare, medical, and living-condition standards in one instrument.
The Convention is widely ratified, but it does not apply identically to every vessel, role, or dispute. Coverage, exclusions, national implementation, collective agreements, and available remedies must be examined.
Who Is Covered?
MLC 2006 generally applies to seafarers working on ships covered by the Convention and flying the flag of a ratifying state. “Seafarer” is defined broadly as a person employed, engaged, or working in any capacity onboard, but national authorities may determine questions concerning certain categories.
Some ships, including certain fishing vessels, warships, traditional ships, and vessels operating only in specified domestic waters, may be outside the Convention or subject to different regimes.
The Five Main Areas of MLC 2006
- Minimum requirements for seafarers to work on a ship.
- Conditions of employment.
- Accommodation, recreational facilities, food, and catering.
- Health protection, medical care, welfare, and social security protection.
- Compliance and enforcement.
Minimum Age, Medical Fitness, and Qualifications
The Convention regulates minimum age, medical certification, training, and qualifications. Seafarers should receive valid medical assessment and be properly qualified for assigned duties.
Recruitment and Placement
Recruitment services are regulated, and seafarers should not bear prohibited placement fees. Passport, medical-certificate, and seafarer-book costs can involve specific rules, so retain receipts and recruitment documents.
Seafarers’ Employment Agreements
A seafarer should receive a written employment agreement with an opportunity to examine and seek advice on its terms before signing. The agreement should identify matters such as employer, wages, leave, termination, benefits, and repatriation.
Keep the signed agreement and any applicable collective bargaining agreement. Do not surrender the only copy.
Wages
Seafarers should be paid regularly and receive a monthly account showing payments and amounts due. Exchange-rate and remittance arrangements should be transparent. Keep payslips, wage accounts, bank records, and evidence of hours worked.
Hours of Work and Rest
Ratifying states must establish either maximum work limits or minimum rest limits. Under the rest-based system, the minimum is generally 10 hours of rest in 24 hours and 77 hours in seven days. Under the work-based system, maximum work is generally 14 hours in 24 hours and 72 hours in seven days.
These are alternative regulatory approaches, not four separate entitlements that must always be applied together. Exceptions and emergency work can apply.
Read the detailed article on working hours, records, and fatigue.
Leave and Repatriation
Seafarers should receive annual leave under applicable rules and have rights to repatriation in circumstances such as expiry or termination of the agreement, illness, injury, shipwreck, or other situations in which they can no longer perform duties or cannot reasonably be expected to do so.
Repatriation should not normally be charged to the seafarer except in limited circumstances permitted by the Convention and national law.
Accommodation, Food, and Living Conditions
MLC standards address accommodation, ventilation, heating, lighting, sanitary facilities, hospital accommodation, recreational facilities, food quality, drinking water, and catering.
Photographs, complaint records, inspection reports, and witness statements can be important when living conditions fall below required standards.
Medical Care and Shipowners’ Liability
Seafarers should have access to prompt and adequate medical care onboard and ashore, comparable as far as practicable to care available to workers ashore. The Convention also addresses shipowners’ liability for sickness, injury, and death occurring in connection with employment.
The exact duration, cost allocation, and benefits depend on national implementation, contract, and collective agreement. MLC rights should not be confused with the U.S. doctrine of maintenance and cure.
Occupational Safety and Health
Ships should have occupational safety and health policies, programmes, risk evaluation, training, accident reporting, and preventive measures. Fatigue, hazardous substances, machinery, noise, vibration, personal protective equipment, and harassment or bullying can all be relevant to a safe working environment.
Onboard Complaint Procedures
Covered ships should have procedures allowing seafarers to make complaints concerning alleged breaches. The process should include safeguards against victimisation and permit the seafarer to seek advice or representation.
Keep a copy of the complaint, the date submitted, the person receiving it, and the response. If the complaint concerns the normal reporting person, use an alternative channel identified in the procedure.
Flag-State and Port-State Enforcement
The flag state certifies and inspects covered ships. Port-state control can inspect foreign vessels and may act when serious deficiencies are found. Seafarers may also contact flag-state authorities, port-state control, unions, ITF inspectors, or other authorised bodies.
Does an MLC Violation Automatically Create a Lawsuit?
No. The Convention sets standards and enforcement duties, but a private claim for compensation depends on national law, contract, jurisdiction, and the nature of the violation. An MLC deficiency can still be important evidence even when the legal remedy arises elsewhere.
MLC Rights and Collective Agreements
A collective agreement may improve on minimum standards and provide more specific wages, overtime, leave, disability compensation, or grievance support. See Crew Member Rights Under ITF Agreements and Collective Bargaining.
What to Preserve
- employment agreement and CBA;
- vessel name, IMO number, and flag;
- wage accounts and payslips;
- actual and recorded work/rest hours;
- medical and repatriation records;
- photos of living or working conditions;
- complaints and responses;
- inspection or deficiency information.
Frequently Asked Questions
Does MLC 2006 apply because the ship visits a ratifying country?
Port-state inspection may be possible, but full coverage and individual rights require a more detailed review.
Can my contract provide better rights than the MLC?
Yes. National law or a CBA may provide more favourable terms.
Can I complain without retaliation?
The Convention requires safeguards against victimisation in complaint procedures, but practical risk varies. Preserve evidence and seek support when retaliation is threatened.
This article provides general information. Consult the current Convention, national implementation, vessel certification, and applicable agreements.
