Yes, with the global nature of maritime and seafaring with many seafarers work on board ships flying the flag of a country other than country in which they ordinarily reside. The MLC, 2006 standards on board ships as implemented nationally would also apply to protect them. If seafarers work on a ship that is flying the flag of a country that has not ratified the MLC, 2006, then under Article V, paragraph 7, of the MLC, 2006, the “no more favourable treatment clause” would apply. It seeks to ensure a “level playing field” under which ships flying the flag of countries that have ratified the Convention will not be placed at a competitive disadvantage compared to ships flying the flag of countries that have not ratified the MLC, 2006. Although it appears that Article V, paragraph 7, could conceivably apply in various situations, in practice it relates essentially to port State control under Regulation 5.2.1, with respect to ships flying a foreign flag and calling at a port of a ratifying country This means that working and living conditions on these ships may be subject to inspection.
Under Regulation 1.4, paragraph 3, and Standard A1.4, paragraph 9, shipowners who use seafarer recruitment and placement services based in countries or territories in which the MLC does not apply must ensure, as far as practicable, that those services meet Standard A1.4 requirements. Useful guidance is provided in Regulation 1.4 and in Chapter 3 of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006.