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Q. EXPLAIN MLC 2006
Maritime Labour Convention (MLC), according to the ILO or International Labour Organisation, provides a
broad perspective to the seafarer’s rights and fortification at work. The maritime regulation will finally enter
into force on August 20th, 2013. Nearly 1.2 million seafarers will be affected by the terms and conditions of
this human rights act, which will lay down a set of regulations for protection at work, living conditions,
employment, health, social security and similar related issues.
On the basis of Maritime Labour Convention (MLC), the Seafarer’s Employment Contracts will be
implemented and mandated against nullifying the present employment contracts. MLC will be similar to the
other statutory certifications such as ISM and ISPS onboard ships and the certificate will have 5 years of
validity with interim, initial and intermediate surveys. It is imperative for all seafarers to understand
the importance of Maritime Labour Convention (MLC), 2006.
Under MLC, 2006, the ship owners are required to submit a DMLC or Declaration of Maritime Labour
Compliance to their respective flag states which form a party to the convention. The flag states will
accordingly issue the MLC Certificate to the fleet flying their flag following, surveys, inspections, paperwork
and approvals. The certificate would be then required to be posted at a conspicuous position onboard.
Q. WHAT ARE THE TWO BASIC AIMS OF THE MLC, 2006?
The basic aims of the MLC, 2006 are:
●to ensure comprehensive worldwide protection of the rights of seafarers (the Convention is sometimes
called the seafarers ‘Bill of Rights);
●to establish a level playing field for countries and shipowners committed to providing decent working and
living conditions for seafarers, protecting them from unfair competition on the part of substandard ships.
Q. HOW MANY CHAPTERS? EXPLAIN ALL CHAPTER CHAPTERS?
5 chapter
Contents of MLC,2006
1. Minimum Requirements for seafarers to work on ships
• Minimum age
• Medical certificate
• Training and certifications
• Recruitment and placement
2. Conditions of Employment
• Seafarer’s Employment Agreement
• Wages
• Hours of rest and hours of work
• Entitlement to leave
• Repatriation
• Seafarer compensation for ship’s loss or foundering
• Manning levels
• Career and skill development and opportunities for seafarer’s employment
3. Accommodation, Recreation, Food and Catering
• Accommodation and recreational facilities
• Food and catering
4. Health Protection, Medical Care, Welfare and Social Security Protection
• Medical care on board and ashore
• Ship owner’s liability
• Health and safety protection and accident prevention
• Access to shore-based welfare facilities
• Social Security
5. Compliance and Enforcement
• Flag state responsibility
• Authorization of recognized organizations
• Maritime labour certificate and declaration of maritime labour compliance
• Inspection and enforcement
• On board compliance procedures

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• Port State Responsibilities
• Marine Casualties
• Labour Supplying responsibilities
Application of MLC,2006 to type of vessels
MLC applies to all the registered commercial vessels regardless of the flag state they belong to. This will also
include leisure and commercial yachts, which are engaged on international voyages besides a few exceptions
as stated in their circular discussing application of MLC on types of vessels. Vessels must be over 500 GRT to
carry the MLC certificate. For vessels under 500 GRT, guidelines recommend the vessels to be voluntarily
complying with the convention and as documented by the flag states.
Compliance requirements
The flag state administration is either doing the certifying process for the MLC certification or a Recognized
Organisation (RO) maybe entitled to carry out the process on their behalf. The authorization may include the
whole process of submission of the DMLC, inspection and ships operational verification to issuance of the
MLC Certificate or a part of it. Classification societies or other third parties which specialize as recognized
organisations are normally the service providers on behalf of the flag states.
Period of validity of the certificate
The MLC certificate may be issued for a period not exceeding five (5) years, following thorough inspection
and verifying the vessels meet the minimum requirements of the MLC. To ascertain that the vessels which fly
the flag of the member states continue complying with the requirements and standards of the convention,
the competent authority of the flag may renew the certificate and maintain a public record for the same.
Ships that are newly built and ships undergoing change of flag would also be issued with the certificate on
interim or provisional basis for periods not exceeding six (6) months.
Survey requirements and port state control (PSC)
Initial survey and inspection will be followed diligently with other inspections such as the intermediate
inspection. Port State Control has the right to board any vessel at any given point of time for verifying the
compliance for MLC. The Port State Control Inspectors are however entitled to detain the vessel not in
compliance with the MLC requirements. With regard to PSC, the compliance for MLC is mainly subject to
availability of the Declaration of Maritime Labour Compliance (DMLC), the MLC certificate issued to the fleet
and a plan implementing the MLC content
Time taken to get certified
One of the main requirements of complying with MLC is that every crew member is to be in possession of an
approved Seafarer Employment Agreement or SEA. The approval has to necessarily be in conjunction with
the flag state and must include certain provisions that are required under MLC. The older seafarer’s
contracts will be replaced or used in concurrence with the SEA and be inspected upon by the PSC. In lieu of
this, time required for the certification will depend on the gap analysis, issuance of newer Agreements and
also the development of plans and manuals. Moreover, Crew compensation and other benefits may be
different for every ship owner apart from those required by the MLC. The length of reviewing, revising and
approving of the requirements and therefore the certification time may take weeks or months together.
Fixing up or scheduling inspections
Every Flag State is wholly responsible for ensuring that the obligations under the MLC convention are
implemented correctly onboard ships flying their flags. This also means that the flag state is responsible for
correlating the subsequent measures related to work and living conditions and forming an efficient system
for the inspections and MLC related certifications, Flag State is also entailed to appoint sufficient qualified
inspectors for executing the certification processes.
The interval between the inspections should not exceed a period of 36 months. Similar to the ISM and ISPS
certifications, MLC also requires the inspectors to conduct examinations, tests or enquiries to verify strict
compliance to the regulations of the convention and ascertain that the deficiencies, if any, are remedied
avoiding serious breach to standards of the convention or correspond to considerable danger to the health,
safety and security of the seafarers. The inspectors also have the power to restrain the ship to leave port
until the deficiencies are corrected.
Dealing with inspections
As stated earlier, the flag state has all the rights to withdraw the MLC Certificate if the vessel fails to pass the
mandatory inspections and its obligations. The Inspector in his entire prowess is empowered to detain the

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vessel in port if it is evident that the concerned vessel failed to implement the requirements of the MLC
onboard. With the number of inspections to increase exponentially, the number of detentions is also
believed to increase. Failed Inspections could mean heavy commercial and financial losses for the vessel,
charterers and the owners. Therefore, the best way to avoid such grave situations is to ensure that the
vessels strictly adhere with the guidelines as laid out in the MLC Convention
Documentation required
In short, the member states require each vessel to maintain a hard copy of the convention at all times along
with the MLC certificate, a Declaration of Maritime Labour Compliance stating the obligations of the
convention that involve working and living conditions for the seafarers and measures to put in place for the
MLC compliance.
Documents required to be maintained onboard for Maritime Labour Certificate (MLC 2006)
●Declaration of Maritime Labour Compliance, Parts I and II
●Maritime Labour Certificate
●Recent Inspection report
●Evidence proving that all seafarers onboard are above sixteen (16) years of age
●Evidence showing the crewing agencies comply with the MLC requirements
●A Medical Certificate of maximum one year validity for seafarers under 18 years of age
●A Medical Certificate of maximum two years validity for seafarers above 18 years of age
●Evidence proving no dangerous work or night time work being undertaken for seafarers under 18 years of
age
●A Seafarer’s Employment Agreement (SEA), signed by the seafarer and ship owner or an authorized
representative
●A copy of CBA or Collective Bargaining Act and its English version
●A valid COC or Certificate of Competency and valid training certificates for all seafarers onboard
●Records of training in personal safety and safety meetings held onboard
●Records of all accidents, incidents, investigations and consequent analysis onboard
●Records of seafarer’s familiarisation and the records for seafarer’s rest / work hours
The Maritime Labour Convention (MLC), 2006 is a milestone for the global maritime industry. Once
implemented, MLC is expected to enhance the life of seafarers working offshore, along with increasing the
safety and security of sea-going vessels.
Q. DMLC PART 1 DMLC PART 2?
DMLC-Part 1 is to be completed by the attending surveyor and will identify the topics for inspection and list
the relevant pieces of legislation implementing the MLC, 2006 together with any substantial equivalents and
exceptions that have been granted.
DMLC-Part 2 has to be completed by the ship owner and verified by the attending surveyor when the first
inspection is completed. It details the measures adopted by the shipowner to ensure ongoing compliance
with the national requirements.
Make sure the Declaration of Maritime labour convention-2006, DMLC-part-1 and DMLC-part-2 are signed
by the company’s Designated Person Ashore (DPA) or manager and are retained onboard. These two
documents are extremely important for the inspection. DMLC certificates must be present on board all the
time.
A copy of DMLC must be posted at a place on board which is accessible to all seafarers.
Q. WHAT NEW AMENDMENTS TO DMLC 1 & 2?
New amendments to the DMLC part I from 15 march 2018
The Declaration of Maritime Labor Compliance (DMLC) Part I has been amended from 15 March 2018.
The DMLC Part I was last amended on 18 January 2017 in connection with the 2014 amendments to the
MLC, 2006 (new items 15 and 16).
The DMLC Part I has now been updated again due to new and amended national regulations.
The amendments are:
New Regulations of 21 April 2017 No. 515 on accommodation, recreational facilities, food and catering on
ships
These Regulations repeal the old Accommodation Regulations of 15 September 1992 No. 707. The following
items of the DMLC Part I have been updated with the new Regulations:

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● 8. Accommodation (Regulation 3.1)
● 9. On-board recreational facilities (Regulation 3.1)
● 10. Food and catering (Regulation 3.2)
● Substantial equivalencies for item 8.
The amendment of 19 December 2017 was carried out in order to implement the 2014 amendments to the
MLC, 2006. The following item of the DMLC Part I has been updated with the amended Regulations:
● 15. Financial security for repatriation (Regulation 2.5)
● 16. Financial security relating to shipowners' liability (Regulation 4.2)
Issue of new and updated DMLC part I
1. Ships with DMLC Part I issued before 18 January 2017 (without items 15 and 16)
An application for a new DMLC Part I must be submitted in due time before the Maritime Labor Certificate
expires.
2. Ships with new DMLC Part I issued after 18 January 2017 (including items 15 and 16)
In March and April, the Norwegian Maritime Authority (NMA) will send out a new DMLC Part I that includes
the amendments to national regulations. It is not necessary to submit a separate application regarding this.
Issue of new DMLC part II
1.The DMLC Part II must be updated with regard to the 2014 amendments (with items 15 and 16) and signed
by the company and the surveyor at the latest by the first renewal of the Maritime Labor Certificate after 18
January 2017.
2.The date of the surveyor's signature shall be included in a new Maritime Labor Certificate.
3.The latest regulatory amendments to the DMLC Part I do not in themselves warrant further updating of the
DMLC Part II and do not affect the validity of existing Maritime Labor Certificates.
4.Any changes to the DMLC Part II carried out during the validity period of the Maritime Labor Certificate
shall be handled in accordance with RSV 6-2015.
Different dates on part I and PART II of the DMLC
Norway accepts that a vessel has on board a DMLC Part I with a newer date than that of the DMLC Part II as
long as both documents are correct versions according to the MLC, 2006, as amended, and that any changes
in the DMLC Part II during the validity period of the Maritime Labor Certificate are noted in a revision sheet,
in accordance with RSV 6-2015.
Q. HOW DO YOU ENFORCE MLC ONBOARD SHIP?
I will comply the 16 standard topics that has been mention in DMLC part1 on board to enforce MLC onboard
my ship.
This are –
1. Minimum age
2.medical certification
3.qualifications of seafarer
4.sefarer’s employment agreements
5.use of any licensed or certified or regulated private recruitment and placement service
6.hours of work and
7.manning level for the ship
8.accommodation
9.onboard recreation facilities
10.food and catering
11.health and safety and accident prevention
12.onboard medical care
13.onboard complaint procedures
14payment of wages
15.finencial security for repatriation
16.finencial security relating to shipowner’s liability
Q. WORK HOUR REST HOUR?
Hours of work and rest – MLC 2006
Regulation 2.3 – Hours of work and rest (Conditions of employment)
Purpose: To ensure that seafarers have regulated hours of work or hours of rest

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1. Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated.
2. Each Member shall establish maximum hours of work or minimum hours of rest over given periods that
are consistent with the provisions of the Code.
Standard – hours of work and hours of rest
1. For the purpose of this Standard, the term:
(a) hours of work mean the time during which seafarers are required to do work on account of the ship;
(b) hours of rest means time outside hours of work; this term does not include short breaks.
2. Each Member shall within the limits set out in below points 5 to 8 of this Standard fix either a maximum
number of hours of work which shall not be exceeded in a given period of time or a minimum number of
hours of rest which shall be provided in a given period of time.
3. Each Member acknowledges that the normal working hours’ standard for seafarers, like that for other
workers, shall be based on an eight-hour day with one day
of rest per week and rest on public holidays. However, this shall not prevent the Member from having
procedures to authorize or register a collective agreement which determines seafarers’ normal working
hours on a basis no less favorable than this standard.
4. In determining the national standards, each Member shall take account of the danger posed by the fatigue
of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of
the ship.
5. The limits on hours of work or rest shall be as follows:
(a) maximum hours of work shall not exceed:
• 14 hours in any 24-hour period; and
• 72 hours in any seven-day period
(b) minimum hours of rest shall not be less than:
• Ten hours in any 24-hour period
• 77 hours in any seven-day period.
6. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in
length, and the interval between consecutive periods of rest
shall not exceed 14 hours.
7. Musters, firefighting and lifeboat drills, and drills prescribed by national laws and regulations and by
international instruments shall be conducted in a manner
that minimizes the disturbance of rest periods and does not induce fatigue.
8. When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an
adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.
9. If no collective agreement or arbitration award exists or if the competent authority determines that the
provisions of the agreement or award in respect of above points 7 or 8 of this Standard are inadequate, the
competent authority shall determine such provisions to ensure the seafarers concerned have sufficient rest.
10. Each Member shall require the posting, in an easily accessible place, of a table with the shipboard
working arrangements, which shall contain for every position
at least:
• The schedule of service at sea and service in port; and
• The maximum hours of work or the minimum hours of rest required by national laws or regulations
or applicable collective agreements.
11. The table referred to in above point 10 of this Standard shall be established in a standardized format in
the working language or languages of the ship and in English.
12. Each Member shall require that records of seafarers’ daily hours of work or of their daily hours of rest be
maintained to allow monitoring of compliance with above points 5 to 11 inclusive of this Standard. The
records shall be in a standardized format established by the competent authority taking into account any
available guidelines of the International Labor Organization or shall be in any standard format prepared by
the Organization. They shall be in the languages required by above point 11 of this Standard. The seafarers
shall receive a copy of the records pertaining to them which shall be endorsed by the master, or a person
authorized by the master, and by the seafarers.
13. Nothing in above points 5 and 6 of this Standard shall prevent a Member from having national laws or
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permitting exceptions to the limits set out. Such exceptions shall, as far as possible, follow the provisions of
this Standard but may take account of more frequent or longer leave periods or the granting of
compensatory leave for watch keeping seafarers or seafarers working on board ships on short voyages.
14. Nothing in this Standard shall be deemed to impair the right of the master of a ship to require a seafarer
to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or
for the purpose of giving assistance to other ships or persons in distress at sea.
Accordingly, the master may suspend the schedule of hours of work or hours of rest and require a seafarer
to perform any hours of work necessary until the normal situation has been restored. As soon as practicable
after the normal situation has been restored, the master shall ensure that any seafarers who have
performed work in a scheduled rest period are provided with an adequate period of rest.
Young seafarers
1. At sea and in port the following provisions should apply to all young seafarers under the age of 18:
• Working hours should not exceed eight hours per day and 40 hours per week and overtime should
be worked only where unavoidable for safety reasons;
• Sufficient time should be allowed for all meals, and a break of at least one hour for the main meal of
the day should be assured, and
• A 15-minute rest period as soon as possible following each two hours of continuous work should be
allowed.
2. Exceptionally, the provisions of paragraph 1 of this Guideline need not be applied if:
• They are impracticable for young seafarers in the deck, engine room and catering departments
assigned to watchkeeping duties or working on a rostered shift-work system; or
• The effective training of young seafarers in accordance with established programs and schedules
would be impaired.
3. Such exceptional situations should be recorded, with reasons, and signed by the master.
Q. MINIMUM REQUIREMENT FOR FOOD AND DRINKING WATER?
Provision of food and drinking water (regulation 34)
The shipowner and master must ensure that food and drinking water are provided on the ship which:
1.are suitable in respect of quantity, nutritional value, quality and variety
taking account of –
(i) the number of seafarers on board and the character, nature and
duration of the voyage and
(ii) the different religious requirements and cultural practices in
relation to food of the seafarers on board,
2.do not contain anything which is likely to cause sickness or injury to health
or which renders any food or drinking water unpalatable, and
are otherwise fit for consumption.
3.The shipowner and master of a ship must ensure that food and drinking water provided are free of charge
to all seafarers while they are on board.
Standard
Each Member shall ensure that ships that fly its flag meet the following minimum standards:
(a) food and drinking water supplies, having regard to the number of seafarers on board, their religious
requirements and cultural practices as they pertain to food, and the duration and nature of the voyage, shall
be suitable in respect of quantity, nutritional value, quality and variety;
(b) the organization and equipment of the catering department shall be such as to permit the provision to
the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions; and
(c) catering staff shall be properly trained or instructed for their positions.
Q. HOW TO ENSURE QUAALITY OF FOOD AND DRINKING WATER ONBOARD?
Inspection of food and catering facilities (regulation 36)
1.The master of a ship must ensure that, not less than once a week –
(a) the supplies of food and drinking water on board are inspected
(b) the catering department and its equipment are inspected
2.An inspection must be carried out by
(a) the master, or

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(b) a person authorized by the master,
together with a member of the catering staff.
3.The master must ensure that the results of any inspection are recorded in the official logbook of the ship.
Food and drinking water safety - information for crew
1. Information on food and drinking water safety reports should be readily available to
members of the crew.
2.The report should be written in a language that can be clearly
understood by the crew and in English.
Food and catering
To ensure that seafarers have access to good quality food and drinking water provided under regulated
hygienic conditions:
1.Each Member shall ensure that ships that fly its flag carry on board and serve food and drinking water of
appropriate quality, nutritional value and quantity that adequately covers the requirements of the ship and
takes into account the differing cultural and religious backgrounds.
2.Seafarers on board a ship shall be provided with food free of charge during the period of engagement.
3.Seafarers employed as ships’ cooks with responsibility for food preparation must be trained and qualified
for their position on board ship.
Q. IS THERE A GENERAL TONNAGE LIMITATION ON THE APPLICATION OF THE MARITIME LABOUR
CONVENTION, 2006 (MLC, 2006)?
There is no general tonnage limitation to the MLC, 2006. However, there is some flexibility which can be
applied by a flag State regarding the application of particular requirements based on the gross tonnage (GT)
of ships. For example, the requirement for certification (in addition to inspection) of working and living
conditions on a ship is not mandatory for ships less than 500 GT that do not go on international voyages or
voyage between foreign ports. In connection with on board accommodation requirements there is some
flexibility based on the gross tonnage of the ships concerned.
Q. DOES THE STCW CERTIFICATION MEET THE TRAINING REQUIREMENTS OF THE MLC, 2006?
Under Regulation 1.3, paragraph 3 of the MLC, 2006, Training and certification in accordance with the
mandatory instruments adopted by the International Maritime Organization must be considered as meeting
the requirements of the MLC, 2006.
Q. WHO MUST SIGN A SEAFARERS’ EMPLOYMENT AGREEMENT (SEA)?
In accordance with Standard A2.1, paragraph 1(a) of the MLC, 2006, the seafarer’s employment agreement
(SEA) must be signed by both the seafarer and the shipowner or a representative of the shipowner. Except in
cases where the applicable national law considers that a particular person, such as the ship‘s master, has
apparent authority to act on behalf of the shipowner, any signatory other than a shipowner should produce
a signed ―power of attorney‖ or other document showing that he/she is authorized to represent the
shipowner.
Q. WHAT IS MEANT BY “ANY 24-HOUR PERIOD”?
Standard A2.3, paragraph (b), for example, provides that hours of rest must not be less than 10 hours ―in
any 24-hour period‖. Thus, any 24-hour period – starting at any moment during a day – must comprise at
least ten hours of rest.
Q. DOES THE CHOICE BETWEEN HOURS OF WORK AND HOURS OF REST LEAD TO ANY DIFFERENT RESULT IN
PRACTICE?
Paragraph 5(a)(i) of Standard A2.3, sets a maximum limit on work of 14 hours in any 24-hour period, which
results in 10 hours of rest (24-14=10), corresponds to the minimum 10 hours of rest required by paragraph
5(b)(i) of the Standard. However, paragraph 5(a)(ii), which sets a maximum limit on work of 72 hours in any
7-day period, results in 96 (7x24-72=96) hours of rest, whereas the minimum hours of rest in any 7-day
period required by paragraph 5(b)(ii) of the Standard is set at only 77. The provisions in paragraphs 5(a) and
5(b) of Standard A2.3 are not new but reproduce the text of the Seafarers' Hours of Work and the Manning
of Ships Convention, 1996 (No. 180). During the preparation of the MLC, 2006, it was recalled that
agreement on the various requirements in Convention No. 180 had been achieved only after protracted
discussions, and it was decided that it would not be in the interest of the constituents to reopen the
negotiations on any provisions agreed in 1996.

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Q. ARE THERE ANY EXCEPTIONS TO THE HOURS OF REST OR WORK STANDARDS?
Standard A2.3, paragraph 13 of the MLC, 2006 allows flag States to have national laws or regulations or a
procedure for the competent authority to authorize or register collective agreements permitting exceptions
to the limits on maximum hours of work or minimum hours of rest referred to in paragraphs 5 and 6 of the
Standard
Q. WHAT ARE THE STANDARDS FOR MINIMUM HOURS OF REST AND MAXIMUM HOURS OF WORK?].
These exceptions must therefore be provided for in a registered or authorized collective agreement. They
must also follow the limits set out in Standard A2.3 ―as far as possible.
Q. HOW DOES REGULATION 2.3(THE STANDARDS FOR MINIMUM HOURS OF REST AND MAXIMUM HOURS
OF WORK) RELATE TO THE STCW REQUIREMENTS?
With the adoption by the International Maritime Organization of the 2010 ―Manila amendments to the
STCW, the wording in both the MLC, 2006 and the STCW on minimum hours of rest is very similar, other
than the provisions in each regarding possible exceptions. Flag States that ratify the MLC, 2006 and are also
bound by the 2010 STCW amendments could approve arrangements in this connection which would be
consistent with the requirements of both Conventions.
Q. DO THE HOUR OF REST AND HOUR OR WORK STANDARDS STILL APPLY IN AN EMERGENCY?
Standard A2.3 paragraph 14 of the MLC, 2006 safeguards the right of the master of a ship to require a
seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or
cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. It allows the master
to suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of
work necessary until the normal situation has been restored. As soon as practicable after the normal
situation has been restored, the master must ensure that any seafarers who have performed work in a
scheduled rest period are provided with an adequate period of rest.
Q. WHO IS TO PAY COMPENSATION TO SEAFARERS ON A SHIP’S LOSS OR FOUNDERING?
under regulation 2.6, paragraph 1, seafarers are entitled to adequate compensation in the case of injury, loss
or unemployment arising from the ship ‘s loss or foundering
Q. WHAT IS SHIPOWNERS’ LIABILITY?
In addition to providing for health protection and medical care on board and ashore, the MLC, 2006 also,
under Regulation 4.2, requires flag States to ensure that all seafarers employed on their ships have material
assistance and support from the shipowner with respect to the financial consequences of sickness, injury or
death occurring while they are serving under a seafarers‘ employment agreement or arising from the
employment under such agreement. These financial consequences include loss of wages and also medical
and other costs. These provisions complement the protection set out in Regulation 4.1 regarding medical
care on board ship and ashore and the long-term protection under Regulation 4.5 regarding social security.
Q. WHEN DOES SHIPOWNERS’ LIABILITY BEGIN AND END?
The liability of shipowners, under Regulation 4.2, to bear the costs for seafarers working on their ships in
respect of sickness and injury begins of the date when the seafarers commence their duty and ends on the
date upon which they are deemed duly repatriated, except that shipowners are also liable with respect to
sickness and injury that arises from the seafarer‘s employment between the dates of commencement of
duty and repatriation.
Q. WHAT COSTS ARE INCLUDED UNDER SHIPOWNERS’ LIABILITY?
Regulation 4.2. Paragraph 1 of the MLC,2006 sets out the general principle that seafarers have a right to
material assistance and support from the shipowner with respect to the financial consequences of sickness,
injury or death occurring while they are serving under a seafarer’s employment agreement or arising from
their employment under such agreement. The question of what are considered financial consequences is a
matter for national laws and regulations. Standard A4.2, paragraphs 1 to 4 and 7 of the MLC, 2006 requires
the following costs to be covered as a minimum:
●The expense of medical care, including medical treatment and the supply of medicines and therapeutic
appliances, and board and lodging away from home until the sick or injured seafarer has recovered or until
the sickness or incapacity has been declared of a permanent character , where sickness or injury results in
incapacity for work, full wages as long as the sick or injured seafarers remain on board or until the seafarers
have been repatriated; and wages in whole or in part, as prescribed by national laws or regulations or as
provided for in collective agreements, from the time when the seafarers are repatriated or landed until their

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recovery or, if earlier, until they are entitled to cash benefits under the legislation of the country concerned;
●Financial security to assure compensation in the event of the death or long-term disability of seafarers due
to an occupational injury, illness or hazard, as set out in national law, the seafarer’s employment agreement
or a collective agreement;
●The cost of burial services in the case of death on board or ashore during the period of engagement;
Q. ARE THERE ANY LIMITS ON SHIPOWNERS’ LIABILITY?
Under Standard A4.2, national laws or regulations may limit the liability of the shipowner to defray the
expense of medical care and board and lodging, as well as the liability to pay wages in full or in part to a
period which must not be less than 16 weeks from the day of the injury or the commencement of the
sickness
Q. DOES THE MLC, 2006 SPECIFY A PARTICULAR FORM FOR THE FINANCIAL SECURITY THAT SHIPOWNERS
ARE TO PROVIDE?
No particular form is prescribed for the financial security to assure compensation in the event of the death
or long-term disability of seafarers due to an occupational injury, illness or hazard. It could take various
forms (e.g., insurance or a bond).
Q. ARE THERE ANY EXCEPTIONS TO SHIPOWNER LIABILITY?
Under Standard A4.2, paragraph 5, national laws or regulations may exclude the shipowner from liability in
respect of:
(a) injury incurred otherwise than in the service of the ship;
(b) injury or sickness due to the willful misconduct of the sick, injured or deceased seafarer; and
(c) sickness or infirmity intentionally concealed when the engagement is entered into.
Standard A4.2, paragraph 6 allows national laws or regulations to also exempt the shipowner from liability to
defray the expense of medical care and board and lodging and burial expenses in so far as such liability is
assumed by the public authorities. Guideline B4.2, paragraph 2 recognizes that national laws or regulations
may provide that a shipowner ceases to be liable to bear the costs of a sick or injured seafarer from the time
at which that seafarer can claim medical benefits under a scheme of compulsory sickness insurance,
compulsory accident insurance or workers‘ compensation for accidents.
Q. WHAT HAPPENS IF THE COUNTRY HAS PUBLIC SYSTEM OF COVERAGE FOR THESE INCIDENTS?
[See Are there any exceptions to shipowner liability?].
Q. WHAT IS SOCIAL SECURITY AND SOCIAL PROTECTION?
Social security
The notion of social security as it is commonly used within the ILO covers all measures providing benefits,
whether in cash or in kind, to secure protection, inter alia, from lack of or insufficient work-related income
caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family
member; lack of access or unaffordable access to health care; insufficient family support, particularly for
children and adult dependents; general poverty and social exclusion. Social security schemes can be of a
contributory (social insurance) or non-contributory nature.
Social protection
Social protection is referred to as the set of public measures that a society provides for its members to
protect them against economic and social distress that would be caused by the absence or a substantial
reduction of income from work as a result of various contingencies (sickness, maternity, employment injury,
unemployment, invalidity, old age, and death of the breadwinner); the provision of health care; and, the
provision of benefits for families with children. This concept of social protection is also reflected in the
various ILO standards. By definition, social protection is broader and more inclusive than social security since
it incorporates non-statutory or private measures for providing social security, but still encompasses
traditional social security measures such as social assistance, social insurance and universal social security
benefits. It may be noted that there are significant differences among societies and institutions around the
world of how they define and approach social protection.
Q. WHERE WOULD SEAFARERS GET A COPY OF A SHIP’S ON-BOARD COMPLAINTS PROCEDURE?
Seafarers must be provided with a copy of the on-board complaint procedures applicable on their ship in
addition to a copy of their seafarer’s employment agreement (Standard A5.1.5, paragraph 4).
Q. MUST SEAFARERS ALWAYS USE THE SHIP’S ON-BOARD COMPLAINT PROCEDURE?
Although on-board complaint procedures must seek to resolve complaints at the lowest level possible,

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seafarers have a right to complain directly to the master and, where they consider it necessary, to
appropriate external authorities (Standard A5.1.5, paragraph 2).
Q. CAN SEAFARERS COMPLAIN DIRECTLY TO THE FLAG STATE COMPETENT AUTHORITY OR AN INSPECTOR
INSTEAD OF USING THE ON-BOARD COMPLAINT PROCEDURE?
[See Must seafarers always use the ship’s on-board complaint procedure?].
Q. IN THE CASE OF A MARINE CASUALTY, MUST AN OFFICIAL INQUIRY BE HELD?
Regulation 5.1.6, paragraph 1 of the MLC, 2006 provides that each Member must hold an official inquiry into
any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag
Q. REPRATIATION N SHIPS WONER LIABILITY-WHO WILL PAY CREW MEMBER IF WAGES NOT PAID AND
COMPANY BANKRUPT?
The bank will pay after the vessel being sold, until the day of bankrupt on-behalf of owner if the value cover
80% of bank loan, other wise P&I will recover the crew dew salary.
From the date of bankrupt the salary of crew until the date of the vessel being sold is the responsibility of
the bank.
Q. HOW YOU WILL KNOW THAT VESSEL COMPLY WITH MLC-2006?
By MLC certificate

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