MLC

Which yachts it applies to

Article II of the convention covers, except where expressly provided otherwise, all ships “ordinarily engaged in commercial activities”, whether publicly or privately owned. Ships engaged in fishing or similar pursuits, ships of traditional build, warships and naval auxiliaries are excluded. The definition of “ship” also excludes vessels navigating exclusively in inland waters, waters within or closely adjacent to sheltered waters, or areas where port regulations apply. A “seafarer” is anyone employed, engaged or working in any capacity on board a covered ship, so on a yacht this includes interior and galley crew as well as deck and engineering staff.

A yacht in commercial use, such as charter, is the typical case in scope. A yacht used only privately by her owner does not match the “commercial activities” wording, but the convention does not name yachts, and where there is doubt, Article II.5 leaves the decision to the competent authority of the flag State, after consulting shipowners’ and seafarers’ organisations. For a specific yacht, the flag Administration’s position is what counts.

Two further points affect smaller yachts and yachts visiting foreign ports:

• For ships under 200 gross tonnage that do not make international voyages, the competent authority may, after consultation, disapply certain Code details only if it finds their application unreasonable or impracticable at that time and the subject is addressed differently through national laws, regulations, collective bargaining agreements or other measures.
• A ratifying State may inspect a covered ship in its ports, and it must not give ships flying the flag of a non-ratifying State more favourable treatment.

What the convention covers

The requirements sit in five titles:

1. Minimum requirements for seafarers to work on a ship: minimum age, medical certificates, training and qualifications, recruitment and placement.
2. Conditions of employment: employment agreements, wages, hours of work and rest, leave, repatriation and manning levels.
3. Accommodation, recreational facilities, food and catering.
4. Health protection, medical care, welfare and social security protection.
5. Compliance and enforcement.

Each title has Regulations and a Code. The Regulations and Part A of the Code are mandatory; Part B contains guidelines that are not mandatory, though States must give it due consideration. Hours of rest show how Part A works: each State fixes either maximum hours of work (no more than 14 hours in any 24 hours and 72 hours in any seven days) or minimum hours of rest (at least 10 hours in any 24 hours and 77 hours in any seven days). These are alternative limits, not cumulative ones, and the Code allows limited exceptions, for example for the immediate safety of the ship. After normal conditions return, the master must ensure adequate rest as soon as practicable for seafarers who worked during scheduled rest.

Maritime labour certificate and DMLC

Under Regulation 5.1.3, a ratifying flag State must require a maritime labour certificate for covered ships of 500 gross tonnage or over that either make international voyages or operate from a port, or between ports, in another country. Here, an international voyage means a voyage from a country to a port outside that country. A shipowner may also request certification of another covered ship flying a ratifying State’s flag.

A declaration of maritime labour compliance (DMLC) is attached to the certificate. Part I, drawn up by the flag’s competent authority, sets out the national requirements and records Title 3 exemptions and any substantially equivalent provisions. Part II, drawn up by the shipowner and certified by the flag or its recognised organisation, sets out how the yacht keeps complying between inspections. The initial full-term certificate is issued after inspection for no more than five years, and its validity is subject to an intermediate inspection. Where only one is carried out in a five-year period, it takes place between the second and third anniversary dates. Subject to the required verification, an interim certificate of up to six months can be issued for a new ship on delivery, after a change of flag, or when a new shipowner takes over operation. A DMLC need not be issued during this interim period.

Not needing a certificate does not take a covered yacht out of the convention. A ratifying flag State must still verify, through its inspection system, that covered ships flying its flag comply.

Refit and crew accommodation

The construction and equipment requirements implementing Regulation 3.1 apply to ships whose keel was laid, or which reached a similar stage of construction, on or after the date the convention came into force for the flag State. For older ships, the corresponding construction and equipment requirements of ILO Conventions Nos 92 and 133 continue to apply to the extent previously applicable under the flag State’s law or practice. Unless expressly provided otherwise, later Code amendments concerning accommodation and recreational facilities apply only to ships constructed on or after those amendments take effect for that State. Separately, the Code requires the flag State’s accommodation inspection when a ship is registered or re-registered, or when her seafarer accommodation has been substantially altered. Substantial changes to the structure or equipment covered by Title 3 also cause an existing maritime labour certificate to cease to be valid; a new one requires the issuing authority or authorised recognised organisation to be satisfied that the ship complies. Before rebuilding crew spaces, confirm the applicable standards, inspections and certification with the flag Administration or its authorised recognised organisation.

The Code has been amended several times since 2006; the ILO lists amendments in 2014, 2016, 2018, 2022 and 2025. The 2025 amendments are expected to enter into force on 23 December 2027. The text in force for a given yacht depends on her flag State and on when each amendment takes effect. The ILO’s Maritime Labour Convention page gives the official text, amendment history and ratification figures.

FAQs

What crew documents and records does the MLC require?

Each seafarer on a covered ship must have a seafarers’ employment agreement signed by the seafarer and the shipowner or the shipowner’s representative, and both keep a signed original. Seafarers may not work on board unless they are certified as medically fit for their duties, subject only to the exceptions in the Code. Records of daily hours of work or rest must be kept in a format set by the flag’s competent authority, and the ship must have on-board procedures for handling crew complaints; victimisation of a seafarer for filing a complaint is prohibited. Ships within the certification scope of Regulation 5.1.3, including those certified at the shipowner’s request, must also carry evidence of financial security for repatriation.

What happens if a yacht fails an MLC inspection in port?

An inspector in a ratifying port State may carry out a more detailed inspection where the documents are missing or invalid, there are clear grounds to doubt the working and living conditions, or a complaint has been made. Deficiencies are brought to the master’s attention with deadlines for rectification. If the conditions are clearly hazardous to seafarers’ safety, health or security, or the non-conformity is a serious or repeated breach, the inspector must take steps so that the ship does not proceed to sea until it is rectified or an acceptable plan of action is in place. Separately, the flag’s competent authority or recognised organisation must withdraw a maritime labour certificate where there is evidence of non-compliance and required corrective action has not been taken.

Source: Maritime Labour Convention, 2006, as amended (ILO consolidated text including the 2022 amendments).