O Convenio sobre o traballo marítimo 2006 (MLC 2006) da Organización Internacional do Traballo. Regra 4.3. Caso español

Abstract

The Maritime Labour Convention, 2006 (MLC 2006) was adopted on 23th February 2006 in Geneva by the International Labour Organization, and it came into force on 20th August 2013. Secondly, on 4th February 2010, Spain ratified this Convention, being the first country of the European Union in doing so. In fact, the Maritime Labour Convention means the establishment of standard working and living conditions for all workers on board. In addition, it constitutes an essential step to guarantee conditions of fair competition for quality owners that hoist flags from ratifying countries. Nevertheless, the convention has its limitations mainly due to the fact that its ratification should be as numerous as possible. The main objective of this article is to analyse the Rule 4.3-Health and safety protection and accident prevention, which responsibilities of control falls under the Inspection of Labour and Social Security. In this article, those aspects that might bring a lack of fulfilment with the standard conditions of the Convention are considered: legal gaps and their possible effect on occupational accidents (workplaces and information display units); inadequate regulation to guarantee decent working and living conditions on board (noise and vibrations); as well as former breaches with the International Labour Organization (C134, 1970). Furthermore, the establishment of a permanent group to give fulfilment to the numerous commitments that the ratification of this Convention represents for the Spanish Administration is proposed.