Frequently Asked Questions (FAQ). Maritime Labour Convention, 2006/Часто задаваемые вопросы по конвенции 2006 года о труде в морском судоходстве

Книга на английском языке.
The Maritime Labour Convention, 2006, as amended, (MLC, 2006), was adopted by the 94th (Maritime) Session of the International Labour Conference (ILC) on 23 February 2006. The MLC, 2006 entered into force on 20 August 2013.Since 2006, both interest and experience with the MLC, 2006 has grown. In 2012, in order to help promote greater ownership of the MLC, 2006 among ILO constituents and also to facilitate the understanding of the Convention, the International Labour Office prepared an online electronic database of answers to “Frequently Asked Questions” (FAQ), which was also prepared in the form of an ILO paper publication. It was intended to be an easily accessible source of information that would be regularly updated. The FAQ is intended to help persons engaged in the study or application of the MLC, 2006 to find answers toquestions they have about this innovative ILO Convention.It must be noted that the answers provided in the FAQ cannot in themselves be cited as authoritative legal opinions. The answers in the FAQ are intended to provideinformation in the form of brief explanations referring to the Convention and other reference materials. They are not legal opinions or legal advice as to the meaning of a requirement in the Convention or its application to an individual situation. Such opinions can be provided by the ILO to governments and shipowners’ and seafarers’ organizations, in particular, upon request and on the understanding that only the International Court of Justice is competent to give authoritative interpretations of international labour Conventions.This FAQ is one of a series of publications and other resources, including Guidelines recommended by meetings of experts, that have been developed to assist ILO Members when implementing the MLC, 2006.

Contents
Preface
Acknowledgements
How to use this FAQ
Other useful sources of information
A. General questions about the MLC, 2006
A1. What is the MLC, 2006?
A2. What are the two basic aims of the MLC, 2006?
A3. How will the MLC, 2006 protect more of the world’s seafarers?
A4. What is meant by the concept of «no more favourable treatment»?
A5. What are the novel features in the MLC, 2006?
A6. What are the subjects of the «Titles»?
A7. Does the MLC, 2006 directly apply to shipowners, ships and seafarers?
A8. What measures must a country take to ensure that the MLC, 2006 is properly applied?
A9. What is the Code of the MLC, 2006?
A10. What is the difference between Articles, Regulations, Standards and Guidelines?
A11. What is a «substantially equivalent» provision?
A12. What is the status of the Guidelines in Part B of the Code?
A13. What was the reason for having the Part B Guidelines?
A14. What is the status of the 2008 ILO Guidelines for flag State inspections and the ILO Guidelines for port State control officers?
A15. Does the MLC, 2006 require countries to comply with the ILO’s «fundamental Conventions»?
A16. How does the MLC, 2006 make it easier for countries to ratify it and to implement its requirements?
A17. When did the MLC, 2006 become applicable?
A18. Why is the MLC, 2006 likely to achieve the aim of near universal ratification?
A19. What will happen to the maritime labour Conventions adopted before 2006?
A20. Which ILO Conventions are consolidated in the MLC, 2006?
A21. How can the MLC, 2006 be updated?
A22. What is the Special Tripartite Committee?
A23. What is the status of the Preamble and the Explanatory note in the MLC, 2006?
A24. What is meant by the term «Member»?
A25. Who is the competent authority?
A26. Where would I get a list of countries that have ratified the MLC, 2006?
A27. Why are some countries listed on the ILO MLC, 2006 website as ratifying but the Convention is not in force for them?
A28. Where can I get the contact information for the national competent authority responsible for the MLC, 2006?
A29. What is the role of the ILO in implementing the MLC, 2006?
A30. Is the MLC, 2006 relevant for owners or operators of ships registered in a country that has not ratified the MLC, 2006?
A31. Is the MLC, 2006 relevant to seafarers based in countries that have not ratified the MLC, 2006?
A32. Where can I get training on MLC, 2006 inspections?
A33. Can the ILO certify me to be an inspector for the MLC, 2006 for ports and/or flag States?
A34. Can the ILO help me to recover unpaid wages or deal with other problems I am experiencing on board a ship?
A35. Does the ILO have a database of national laws or regulations or other measures implementing the MLC, 2006?
A36. I believe that working and living conditions on board a ship are not good; can the ILO help me?
A37. Why does the ILO say that it supervises the implementation of Conventions? What does that mean? Does it inspect ships?
A38. What is the role of the Committee of Experts on the Application of Conventions and Recommendations (CEACR)?
A39. Does the MLC, 2006 address the problem of piracy?
A40. Does the MLC, 2006 help abandoned seafarers?
A41. Does a country have to adopt national laws in order to ratify the MLC, 2006?
A42. Where can I obtain a copy of the report form for the MLC, 2006 that each ratifying country has to make to the ILO?
A43. How can a country ratify the MLC, 2006? What documents need to be filed?
A44. Where can I find the amendments to the MLC, 2006 and what is their status? Do they already apply?
A45. The ILO website has an MLC, 2006 email address «MLC@ilo.org» Who answers this email? Can I rely on any answer as a legal opinion?
A46. What is the status of the answers in this FAQ? Can I rely on the answers as legal opinions?
B. Questions about the workers and the ships covered by the MLC, 2006
B1. Who is protected by the MLC, 2006?
B2. Does the MLC, 2006 apply to entertainers and hotel service staff?
B3. Does the MLC, 2006 apply to cadets?
B4. What ships does the MLC, 2006 apply to?
B5. When is a ship considered to be «ordinarily engaged in commercial activities»?
B6. What are «sheltered waters», etc.?
B7. Can a ratifying country make exemptions from certain provisions of the MLC, 2006?
B8. Is there a general tonnage limitation on the application of the MLC, 2006?
B9. Are ships that do not go on international voyages covered by the MLC, 2006?
B10. Are ships that exist at the time the MLC, 2006 is ratified by a country excluded?
B11. Does the MLC, 2006 apply to smaller ships, such as ships below 200 GT?
B12. Does the MLC, 2006 apply to offshore resource extraction or similar vessels?
B13. Does the MLC, 2006 apply to yachts?
B14. Who is the shipowner under the MLC, 2006?
B15. How can a national authority make a determination if there are no national organizations of shipowners or seafarers?
C. Questions relating to the Titles of the MLC, 2006
C1. Title 1. Minimum requirements for seafarers to work on a ship
C2. Title 2. Conditions of employment
C3. Title 3. Accommodation, recreational facilities, food and catering
C4. Title 4. Health protection, medical care, welfare and social security protection
C5. Title 5. Compliance and enforcement