Nr. 1 2010 - Handelsflådens Velfærdsråd

the convention will improve the competitiveness of danish shipping and danish seafarers, because the ”cheaper are
becoming more expensive”, says secretary Michael Wengel-nielsen, one of the danes behind the convention
The MLC – Maritime Labour Convention
2006, is a major social step
forward for global shipping, but
Danish shipping will not see any major or
direct impacts from the convention
immediately. But in the future, the convention
will make the ”cheap seafarers
and shipping companies more expensive”,
and will thus strengthen the competitiveness
of Danish ship owners and seafarers.
And why will they become more
expensive?
”Because the MLC convention will
raise the social level of all seafarers
from nations that ratify the convention,
and the majority, presumably all, of
038° HOriSOnt
tHe Mlc cOnVentiOn:
a Great SOcial Step FOrward
FOr GlObal SHippinG
Mlc, 2006
by Peter Larsen, HFV
the nations will do so over the next few
years”, assesses head of the secretariat
Michael Wengel-Nielsen at the Ship
Owners’ Association for smaller ships.
And what does Michael Wengel-
Nielsen know?
Quite a lot in fact. He is perhaps among
those in Denmark who know most about
the convention, the ideas behind it, the
negotiations and the final result. As the
Danish Shipowners’ Association’s representative
at the ILO - International Labour
Organisation - he has been involved in the
preparations for the convention since 2001,
when the first ideas about creating shared
global standards for seafarers were aired.
Maritime Labour Convention, 2006, is a compilation of 42 existing conventions
and 29 recommendations. there is nothing new in the convention in
relation to conventions and recommendations, but eight of these conventions
have never come into force. there are big differences in how many conventions
individual countries have ratified. of the 42 conventions, Denmark has
only ratified 15.
With MLC 2006, one convention has been created that can be incorporated
into national laws and thus create a common basis for the social conditions in
international shipping.
the convention is divided into five main sections which deal with:
• recruitment terms.
• terms of employment.
• Accomodation, housing, nutrition and welfare.
• Work safety, health and social protection.
• Compliance with and implementation and enforcement of the convention.
”MLC is the fourth maritime cornerstone.
We have SOLAS which regulates
maritime safety, MARPOL on the environment,
STCW on maritime education and
skills; and now the MLC, which explains
how we should treat seafarers during
their employment and during their time
on board”, he explains.
miNimum regulatioNs
”The convention sets out minimum
standards for rest periods, the length of
periods on-board, the right to freedom of
repatriation, medical care, welfare and
safety, and to be paid wages at least
once a month. In addition, seafarers
must be covered by a range of social
arrangements, which may include work
injury insurance, nursing, sick pay,
unemployment insurance, maternity/
paternity leave, retirement etc. All
schemes which we take for granted, but
may be innovations in many countries
outside the EU”.
”This means that states which ratify
the convention have an obligation to
ensure that rules are observed on each
ship, before the local marine authorities
can issue an MLC certificate to the ship.
And after receiving the certificate, each
operator must comply with the convention.
The certificate must be renewed every
5 years, with an interim inspection after
2.5 years”, explains Michael Wengel-
Nielsen.
It should be stressed that the convention
does not interfere in salary levels or the
length of leave periods above statutory
holidays. This must be negotiated by the
organisations representing seafarers, but