MLC 2006: Seafarers' Rights, SEA and Maritime Labour Certificate

Read first: how an international convention becomes law and the roles of flag State and port State. This topic then explains the convention that sets how seafarers live and work on board.

What the MLC Is and Why It Exists

In short: the MLC 2006 is the ILO convention that sets minimum working and living standards for seafarers on almost every commercial ship.

• Issued by the ILO (International Labour Organization), not the IMO. Adopted on 23 February 2006, in force on 20 August 2013 (ILO).
• Nicknamed the “Seafarers’ Bill of Rights”.
• Called the fourth pillar of international maritime regulation. The other three are the IMO conventions on safety, training and pollution: SOLAS, STCW and MARPOL.
• Purpose: set minimum working and living standards for seafarers.
• Two objectives:
  • give seafarers the right to decent working and living conditions;
  • create fair competition for shipowners (a level playing field: a cheap, bad ship cannot undercut a good one).
• No more favourable treatment: port States check ships of non-ratifying flags too, so staying outside the convention gives no advantage (ILO).
• Layout: Articles and Regulations, then the Code. Part A of the Code (Standards, e.g. Standard A2.1) is mandatory. Part B (Guidelines, e.g. Guideline B2.1) is guidance.
• Malta ratified on 18 January 2013 (ILO). UK ships apply it through MSNs and MGNs (see Resources).

The Five Titles

In short: the convention is split into five Titles. Mnemonic: “M C A Heal Complicated”.

• On the bridge: if someone asks “where is the rule about crew food?”, think Title 3. Rest hours or contracts? Title 2. Certificate and inspections? Title 5.

Young Seafarers (Under 18)

In short: a young seafarer is anyone under 18. The MLC protects them from night work and hazardous work.

• Nobody under 16 may work on board (MLC Standard A1.1.1).
• No night work for under-18s, unless it is part of their training (MLC Standard A1.1.2–3).
• “Night” = a period of at least 9 hours, starting no later than 0000 and ending no earlier than 0500 (MLC Standard A1.1.2; UK: MSN 1838 (M)).
• Exceptions allowed by the flag: effective training would otherwise suffer, or the duty or a recognised training programme needs night work (e.g. a deck cadet keeping a watch with the OOW).
• No hazardous work for under-18s where it is likely to harm their health or safety (MLC Standard A1.1.4).
• Ship’s cook: minimum age 18 (MLC Regulation 3.2).

The Seafarer Employment Agreement (SEA)

In short: the SEA is the seafarer’s contract of employment. It is signed by the seafarer and the shipowner (or the shipowner’s representative). The flag is not a party.

• Signed by both the seafarer and the shipowner or representative; each keeps a signed original (MLC Standard A2.1; MGN 477 (M)).
• The seafarer must have the chance to read it and take advice before signing, and signs it freely.
• Who is involved: the flag administration (it only supervises and sets the national rules), the employer/shipowner, and the seafarer (who may be represented by a union). Only the last two sign.
• Notice period for ending it early: at least 7 days, the same for both sides (MGN 477 (M)).
• Time on board: the right to go home comes after less than 12 months of service (MLC Standard A2.5.1). The UK sets 11 months of continuous service (MGN 477 (M)).
• When the job ends, the seafarer gets a record of employment: ship, dates and capacity, but no comment on conduct or wages.
• With the SEA the seafarer receives the ship’s on-board complaint procedure (next section).
• Exam trap: calling the SEA a “tripartite agreement between flag, employer and seafarer” is wrong. The flag supervises; it does not sign.

The On-Board Complaint Procedure

In short: a complaint is handled at the lowest level first, written down, and taken higher if it is not resolved (MLC Regulation 5.1.5).

1. Go first to the head of department (or your direct superior).
2. Investigate: speak with both parties and collect other witness statements.
3. Write everything down.
4. If not resolved, go to a higher level: the master, then the company ashore, then the authorities.

• The procedure gives contact details of whoever deals with the MLC at: the flag administration, the seafarer’s own country (of residence), and the shipowning company.
• The seafarer may complain directly to the master or to external authorities, and must not be victimised for complaining (MLC Standard A5.1.5).
• On the bridge: an AB tells you their overtime is not being paid. Note the facts, refer them to their head of department, and make sure the complaint is recorded and followed up.

Working Arrangements, Drills and What to Post on the Bridge

In short: the ship must post the schedule of the working day, and drills must disturb rest as little as possible.

• Post on the bridge (and in other easy-to-reach places) the table of shipboard working arrangements: the schedule of the working day at sea and in port for each position, and the maximum hours of work or minimum hours of rest (MLC Standard A2.3.10).
• Training and drills: mandatory musters, fire and lifeboat drills must be run so they minimise the disturbance of rest periods and do not cause fatigue (MLC Standard A2.3.7). See musters and drills.
• The rest limits themselves (at least 10 h in any 24 h and 77 h in any 7 days) are explained in hours of rest and safe manning (MLC Standard A2.3; STCW A-VIII/1).

The Maritime Labour Certificate and the DMLC

In short: ships of 500 GT and over trading internationally carry a Maritime Labour Certificate issued by the flag, together with the Declaration of Maritime Labour Compliance (DMLC) in two parts.

• Who needs it: ships of 500 GT and over operating internationally or in a foreign port (MLC Regulation 5.1.3; MSN 1848 (M)).
• Under 500 GT: voluntary. The owner may ask for a survey and a certificate. For UK ships under 500 GT, only the MCA can issue it (MSN 1848 (M)).
• Validity: 5 years, with an intermediate inspection between the 2nd and 3rd year; after it, the certificate is endorsed (MLC Standard A5.1.3; MSN 1848 (M)).
• Ships without a certificate are still inspected twice in every 5 years, where possible at the same time as ISM audits (MSN 1848 (M)).
• DMLC Part I – written by the flag: tells the ship how to apply the MLC under that flag’s national law. It is vessel specific.
• DMLC Part II – written by the shipowner: the owner’s declaration of how the ship will comply (procedures, records, on-board checks).
• The sequence: flag issues Part I → owner writes Part II → flag (or its recognised organisation) audits the ship and checks that it complies → flag issues the Maritime Labour Certificate. The certificate is carried with DMLC Part I and Part II attached.
• Interim certificate: for a new ship, a change of flag or a new owner; valid up to 6 months. A change of flag or owner makes the full certificate invalid (MSN 1848 (M)).
• Port State control takes the certificate and DMLC as first evidence that the ship complies, then checks conditions on board.

The 2022 Amendments (in Force December 2024)

In short: amendments adopted in 2022 came into force on 23 December 2024. Two changes show up in exams.

• Internet access on board at a reasonable cost (social connectivity for seafarers).
• The company must provide PPE in the right size for each seafarer, so it protects everyone, including the growing number of women at sea.
• After that date, flags issue revised DMLC Parts I and II at the next renewal or initial inspection.
• The Code was also amended in 2014, 2016, 2018 and 2025 (ILO). Check which amendments are in force before the exam.