The MLC covers all seafarers working on board ships including those from non- ratifying countries. It covers everyone working at sea. . Previously it was unclear if all personnel, particularly those not directly involved in navigating or operating a ship such as those on board passenger ships were considered seafarers. In cases of doubt as to whether personnel are considered as seafarers, the ILO produced a resolution for flag states to use to consider whether they would make any specific exclusions. It is, therefore, appropriate to review flag state requirements to make such a determination.
The MLC encompasses continuous compliance awareness using national and international systems of protection. It covers:
• individual seafarers being properly informed of their rights and remedies available for alleged non-compliance with Convention requirements and recognises the right to make complaints, both on board ship and ashore.
• shipowners that own or operate ships of 500 GT +, engaged in international voyages or voyages between foreign ports are required to develop and conduct plans to ensure compliance with applicable national laws, regulations or other measures to implement the Convention.
• ships masters who are responsible for conducting the shipowners’ stated plans, and to keep records showing implementation of the requirements.
The flag State (or recognized organization) will review shipowners’ plans to verify and certify they exist and are implemented. Ships must carry a maritime labour certificate and declaration of maritime labour compliance on board as part of its updated labour inspection responsibilities for ships of 500 GT + engaged in international voyages or voyages between foreign ports.
Flag States must also respect national laws and regulations implementing standards for smaller ships not covered by the certification.
They will periodically assess the effectiveness of national compliance systems, and report to ILO under Article 22 of its Constitution providing information on inspection and certification systems, including quality assessment methods. The general inspection system (based on ILO Convention No. 178 ) has procedures for labour supply countries, which also report under Article 22. This is further reinforced by voluntary measures for inspections in foreign ports (port State control).