The ILO Constitution and many conventions recognise national circumstances providing flexibility in application, to gradually improve protection, by considering specific sectors and diverse national circumstances. Flexibility requires exercise of transparency and accountability by a government to consult the social partners, and report determinations to ILO. This ensures all countries, whatever the national circumstances, engage with international law to respect and implement international obligations as possible, whilst trying to improve conditions which is particularly important for shipping.
The MLC provides additional sectoral national flexibility. It is strong on rights and flexible on implementation and sets out seafarers basic rights, but leaves ratifying countries flexibility to implement the standards in national laws. Unless specified otherwise, national implementation may be through various ways, not necessarily legislation; many details in Conventions which were difficult for some governments wishing to ratify were placed in Part B; in certain circumstances, implementation of Part A mandatory standards except Title 5 may be achieved through substantially equivalent measures; Code detail application may be relaxed for smaller ships under 200 gross tonnage (GT) not on international voyages; while all ships covered must be inspected to comply with flag State requirements administrations are not required to certify ships under 500 GT unless the shipowner requests certification the MLC expressly recognizes some flag States may use recognized organizations (classification societies) to conduct aspects of ship inspection and certification; provisions for ship construction and equipment will not apply to ships constructed before the MLC comes into force for a particular country. Smaller ships (under 200 GT) may be exempt from specific accommodation requirements. Article VII handles countries without national social partners to consult; provision is made for national circumstances and bilateral, multilateral and other arrangements for social security.