ANNEX 3
Report on Gap Analysis – between requirements in the
Maritime Labour Convention 2006 and company procedures ensuring compliance with the requirements
Contents:
1. Minimum age .................................................................................................................................................................... Error! Bookmark not defined.
2. Medical certification ........................................................................................................................................................................................................... 2
3. Qualifications of seafarers .................................................................................................................................................................................................. 4
4. Seafarers’ employment agreements .................................................................................................................................................................................... 4
5. Use of any licensed or certified or regulated private recruitment and placement service .................................................................................................. 5
6. Hours of work or rest .......................................................................................................................................................................................................... 6
7. Manning levels for the ship ................................................................................................................................................................................................ 7
8. Accommodation (Relevant for inspection, but not complete on requirements regarding new building/substantially alteration) ..................................... 7
9. On-board recreational facilities .......................................................................................................................................................................................... 7
10. Food and catering [and cooks] .......................................................................................................................................................................................... 8
11. Health and safety and accident prevention ..................................................................................................................................................................... 10
12. On-board medical care .................................................................................................................................................................................................... 10
13. On-board complaint procedures ..................................................................................................................................................................................... 13
14. Payment of wages ........................................................................................................................................................................................................... 15
Appendix A - Requirements in the MLC 2006 which are not subject to certification ......................................................... Error! Bookmark not defined.
Entitlement to leave .............................................................................................................................................................. Error! Bookmark not defined.
Repatriation........................................................................................................................................................................................................................... 18
Seafarer compensation for the ship’s loss or foundering...................................................................................................... Error! Bookmark not defined.
Shipowners’ liability............................................................................................................................................................................................................. 18
Social security....................................................................................................................................................................................................................... 20
Appendix B - Requirements in the MLC 2006 which Member State responsibility............................................................ Error! Bookmark not defined.
Career and skill development and opportunities for seafarers’ employment ....................................................................... Error! Bookmark not defined.
Access to shore-based welfare facilities ............................................................................................................................... Error! Bookmark not defined.
1
2. Medical certification
Requirement
4.
The competent authority shall require that, prior to
beginning work on a ship seafarers hold a valid
medical certificate attesting that they are medically
fit to perform the duties they are to carry out at
sea.
MLC 2006
reference
Regulation
1.2
Comments
Regulation
1.2
Para 1
A1.2 para 3:
A medical certificate issued in accordance with the
requirements of STCW shall be accepted by the
competent authority, for the purpose of Regulation 1.2.
Standard
A1.2 para 1
Standard
A1.2 Para 8
Company reference
Compliance or non- compliance
Purpose: To ensure that all seafarers are medically fit to
perform their duties at sea.
A medical certificate meeting the substance of those
requirements, in the case of seafarers not covered by
STCW, shall similarly be accepted.
REQUIRED ACTION: To include in procedures
and instructions that provisions are made so that
a seafarer with an expired medical certificate
while in the service of the ship can obtain a new
medical certificate from a qualified practitioner
at the first available opportunity within a period
not exceeding three months.
A1.2 para 8:
In urgent cases the competent authority may permit a
seafarer to work without a valid medical certificate until
the next port of call where the seafarer can obtain a
medical certificate from a qualified medical practitioner,
provided that:
(a) the period of such permission does not exceed three
months; and
(b) the seafarer concerned is in possession of an expired
medical certificate of recent date.
5.
The medical certificate shall be issued by a duly
qualified medical practitioner or, in the case of a
certificate solely concerning eyesight, by a person
recognized by the competent authority as qualified
to issue such a certificate.
Standard
A1.2 Para 4
REQUIRED ACTION: As far as practicable, to
undergo checks and scrutiny to ensure that
medical practitioners issuing medical certificates
for seafarers are duly qualified and recognized
by Flag states. Medical practitioners to be
provided with the approved medical fitness
certificate from the flag State (when available).
Seafarers that have been refused a certificate or
have had a limitation imposed on their ability to
work, in particular with respect to time, field of
work or trading area, shall be given the
Standard
A1.2 Para 5
REQUIRED ACTION: There are to be two
medical centres as alternative providing medical
examination authorized by P&I and recognized
by Flag.
2
Requirement
6.
10.
opportunity to have a further examination by
another independent medical practitioner or by an
independent medical referee.
Each medical certificate shall state in particular
that:
The hearing and sight of the seafarer concerned,
and the colour vision in the case of a seafarer to be
employed in capacities where fitness for the work
to be performed is liable to be affected by
defective colour vision, are all satisfactory;
The medical certificates for seafarers working on
ships ordinarily engaged on international voyages
must as a minimum be provided in English.
MLC 2006
reference
Regulation
1.2
Comments
Standard
A1.2 Para 6
a)
Reg. 4.3, B4.3.1 para 2 and B4.3.10 para 2
Standard
A1.2 Para
10
Company reference
Compliance or non- compliance
Purpose: To ensure that all seafarers are medically fit to
perform their duties at sea.
REQUIRED ACTION: Hearing acuity to be
added in the BOU BOU-PRD-0203.0002 Crew
Induction Procedure P. 4.3.1
REQUIRED ACTION: To make compulsory that
all seafarers to provide medical certificates
translated at least into English language.
To include this requirement in procedures and
instructions.
3
3. Qualifications of seafarers
Requirement
12.
Seafarers shall not be permitted to work on a ship
unless they have successfully completed training
for personal safety on board ship.
MLC 2006
reference
Regulation
1.3
Comments
Regulation
1.3 Para 2
Ref comment above: Most seafarers will be covered by
STCW and for those seafarers the check will be of STCW
certificates.
However the Company’s SMS did not contained
documented procedures regarding the seafarer recruitment
and placement process, and review of the Crew interview
Form and recruitment matrix indicated that there were no
specific guidelines of assessment of training
requirements and competency evaluation to be carried out
during the recruitment process.
REQUIRED ACTION: To make compulsory that
all seafarers qualified, trained and certified as to
STCW requirements.
To include this requirement in procedures and
instructions.
MLC 2006
reference
Regulation
2.1
Comments
Company reference
Compliance or non- compliance
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers are trained or qualified
to carry out their duties on board ship
4. Seafarers’ employment agreements
Requirement
16.
(c) the shipowner and seafarer concerned shall
each have a signed original of the seafarers’
employment agreement;
Standard
A2.1
Para 1 c)
19.
20.
Where a collective bargaining agreement forms all
or part of a seafarers’ employment agreement, a
copy of that agreement shall be available on board.
(a) a copy of a standard form of the agreement
Standard
A2.1
Purpose: To ensure that seafarers have a fair employment
agreement
REQUIRED ACTION: To make compulsory that
the shipowner and seafarer concerned shall each
have a signed original of SEA
To include this requirement in procedures and
instructions.
Para 2
REQUIRED ACTION: Arrange for copies of the
CBA or prevailing national (Flag states)
legislations forming part of the employment
agreements to be made available onboard.
Standard
A2.1
REQUIRED ACTION: Requirement needs to be
documented in procedures and instructions.
4
Requirement
MLC 2006
reference
Regulation
2.1
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers have a fair employment
agreement
Para 2 a)
21.
(b) The portions of the collective bargaining
agreement that are subject to a Port State
inspection under Regulation 5.2.
Standard
A2.1
Para 2 b)
24.
(b) the shipowner’s name and address;
35.
(j) reference to the collective bargaining
agreement, if applicable;
Standard
A2.1
Para 4 b)
Standard
A2.1
Para 4 j)
36.
(k) any other particulars which national law may
require.
Standard
A2.1
REQUIRED ACTION: Arrange for copies of the
CBA or prevailing national (Flag states)
legislations upon which the employment
agreements are based to be made available
onboard.
REQUIRED ACTION: The full post address of
owner to be included in the employment
agreement document.
REQUIRED ACTION: Reference to applicable
collective bargaining agreements should be made
in the Seafarers Employment Agreement
document.
REQUIRED ACTION: Reference to applicable
national legislations should be made in the
Seafarers Employment Agreement document.
Para 4k)
5. Use of any licensed or certified or regulated private recruitment and placement service
MLC 2006
Comments
Requirement – MLC 2006
reference
Regulation
Purpose: To ensure that seafarers have access to an
A 1.4
efficient and well-regulated seafarer recruitment and
placement system
Company reference
Compliance or non- compliance
5
Requirement – MLC 2006
38e
(b) require that no fees or other charges for
seafarer recruitment or placement or for
providing employment to seafarers are borne
directly or indirectly, in whole or in part, by the
seafarer, other than the cost of the seafarer
obtaining a national statutory medical certificate,
the national seafarer’s book and a passport or other
similar personal travel documents, not including,
however, the cost of visas, which shall be borne by
the shipowner
Each Member which has ratified this Convention
shall require that ship owners of ships that fly its
flag, who use seafarer recruitment and placement
services based in countries or territories in which
this Convention does not apply, ensure, as far as
practicable, that those services meet the
requirements of MLC 2006
MLC 2006
reference
Regulation
A 1.4
A 1.4.5
Para 3
Standard
A1.4 Para 9
Comments
Purpose: To ensure that seafarers have access to an
efficient and well-regulated seafarer recruitment and
placement system
The Company SMS documentation did no state that no
fees or other charges would be applied to seafarer’s
account during the recruitment or placement process.
Ref. ILO Flag State Guideline (page 44) “documentation
showing that the ship owner, as far as practicable, verified
through a proper system that the service is operated
consistently with MLC, 2006”.
If recruitment is done in a non-ratifying state, the ship
owner must provide documentation of compliance with
the requirements in 1.4 (and those are broader than
shown here) and other relevant parts of the MLC 2006.
Company reference
Compliance or non- compliance
REQUIRED ACTION: Company SMS
documents to be included statement covering this
requirements.
REQUIRED ACTION: All external manning
agents sourcing seafarers for operated vessels
shall provide their recruitment and placement
procedures meeting MLC 2006 requirements.
Audits shall be organized to verify compliance,
both onboard and ashore.
6. Hours of work or rest
Requirement – MLC 2006
44.
Each Member shall require the posting, in an
easily accessible place, of a table with the
shipboard working arrangements, which shall
contain for every position at least:
MLC 2006
reference
Regulation
2.3
Standard A
2.3 Para 10
a)
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers have regulated hours of
work or hours of rest
REQUIRED ACTION: Tables based on ILO
Model format for shipboard working
arrangements at least in English language to be
posted on the bridge, the ECR and in common
areas as per SMS
(a) the schedule of service at sea and service in
port.
6
Requirement – MLC 2006
45.
Each Member shall require the posting, in an
easily accessible place, of a table with the
shipboard working arrangements, which shall
contain for every position at least:
MLC 2006
reference
Regulation
2.3
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers have regulated hours of
work or hours of rest
Standard A
2.3 Para 10
b)
REQUIRED ACTION: Tables based on ILO
Model format for shipboard working
arrangements at least in English language to be
posted on the bridge, the ECR and in common
areas as per SMS
Standard A
2.3 Para 11
REQUIRED ACTION: Tables based on ILO
Model format for shipboard working
arrangements at least in English language to be
posted on the bridge, the ECR and in common
areas as per SMS
(b) the maximum hours of work or the minimum
hours of rest required by national laws or
regulations or applicable collective agreements.
46.
The table referred to in paragraph 10 of this
Standard [ref. items 44 and 45 above] shall be
established in a standardized format in the working
language or languages of the ship and in English.
7. Manning levels for the ship
Requirement – MLC 2006
MLC 2006
reference
Regulation
2.7
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers work on board ships
with sufficient personnel for the safe, efficient and secure
operation of the ship
8. Accommodation (Relevant for inspection, but not complete on requirements regarding new building/substantially alteration)
MLC 2006
Comments
Requirement – MLC 2006
reference
Company reference
Compliance or non- compliance
9. On-board recreational facilities
Requirement – MLC 2006
MLC 2006
reference
Comments
Company reference
Compliance or non- compliance
7
10. Food and catering [and cooks]
Requirement – MLC 2006
53.
Seafarers on board a ship shall be provided with
food free of charge during the period of
engagement.
MLC 2006
reference
Regulation
3.2
Comments
Purpose: To ensure that seafarers have access to good
quality food and drinking water provided under regulated
hygienic conditions
Regulation
3.2
REQUIRED ACTION: To make compulsory that
the seafarers on board a ship shall be provided
with food free of charge during the period of
engagement.
To include this requirement in procedures and
instructions
Para 2
54.
Seafarers employed as ships’ cooks with
responsibility for food preparation must be trained
and qualified for their position on board ship.
Regulation
3.2
Para 3
Ship owners shall ensure that seafarers who are
engaged as ships’ cooks are trained, qualified and
found competent for the position in accordance
with requirements set out in the laws and
regulations of the Member concerned.
Standard
A3.2 para 3
Company reference
Compliance or non- compliance
Standard A3.2 para 4
The requirements under paragraph 3 of this Standard shall
include a completion of a training course approved or
recognized by the competent authority, which covers
practical cookery, food and personal hygiene, food
storage, stock control, and environmental protection and
catering health and safety.
Standard A3.2 para 6:
In circumstances of exceptional necessity, the competent
authority may issue a dispensation permitting a non-fully
qualified cook to serve in a specified ship for a specified
limited period, until the next convenient port of call or for
a period not exceeding one month, provided that the
person to whom the dispensation is issued is trained or
instructed in areas including food and personal hygiene as
well as handling and storage of food on board ship.
REQUIRED ACTION: Company SMS
documents to be amended to require catering
staff to be provided with training that covers
practical cookery, food and personal hygiene,
food handling, food storage, stock control,
environmental protection and catering health and
safety.
Guideline B3.2.2 – Ships’ cooks:
1. Seafarers should only be qualified as ships’ cooks if
they have:
8
Requirement – MLC 2006
MLC 2006
reference
Regulation
3.2
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers have access to good
quality food and drinking water provided under regulated
hygienic conditions
(a) served at sea for a minimum period to be prescribed by
the competent authority, which could be varied to take
into account existing relevant qualifications or experience;
(b) passed an examination prescribed by the competent
authority or passed an equivalent examination at an
approved training course for cooks.
2. The prescribed examination may be conducted and
certificates granted either directly by the competent
authority or, subject to its control, by an approved school
for the training of cooks.
1. The competent authority should provide for the
recognition, where appropriate, of certificates of
qualification as ships’ cooks issued by other
Members, which have ratified this Convention or
the Certification of Ships’ Cooks Convention,
1946 (No. 69), or other approved body.
56.
Each Member shall ensure that ships that fly its
flag meet the following minimum standards:
(c) catering staff shall be properly trained or
instructed for their positions.
Standard
A3.2 Para 2
57.
On ships operating with a prescribed manning of
less than ten which, by virtue of the size of the
crew or the trading pattern, may not be required by
the competent authority to carry a fully qualified
cook, anyone processing food in the galley shall be
trained or instructed in areas including food and
personal hygiene as well as handling and storage
of food on board ship.
Standard
A3.2 Para 5
REQUIRED ACTION: To ensure that all ship’s
catering staff is properly trained for their position.
Standard A3.2 para 6:
In circumstances of exceptional necessity, the competent
authority may issue a dispensation permitting a non-fully
qualified cook to serve in a specified ship for a specified
limited period, until the next convenient port of call or for
a period not exceeding one month, provided that the
person to whom the dispensation is issued is trained or
instructed in areas including food and personal hygiene as
well as handling and storage of food on board ship.
REQUIRED ACTION: To ensure that all ship’s
cooks are properly trained for their position.
9
11. Health and safety and accident prevention
Requirement – MLC 2006
60.
Each Member shall develop and promulgate
national guidelines for the management of
occupational safety and health on board ships that
fly its flag, after consultation with representative
ship owners’ and seafarers’ organizations and
taking into account applicable codes,
guidelines and standards recommended by
international organizations, national
administrations and maritime industry
organizations.
MLC 2006
reference
Regulation
4.3
Comments
Para 2
We expect to find such guidelines on board.
REQUIRED ACTION – Guidelines from the
Flag States for the management of occupational
safety and health to be placed onboard.
MLC 2006
reference
Regulation
4.1
Comments
Company reference
Compliance or non- compliance
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers’ work environment on
board ships promotes occupational safety and health
12. On-board medical care
Requirement
73.
Each Member shall ensure that measures providing
for health protection and medical care, including
essential dental care, for seafarers working on
board a ship that flies its flag are adopted which:
Standard
A4.1
Para 1 a)
(a) ensure the application to seafarers of any
general provisions on occupational health
protection and medical care relevant to their
duties, as well as of special provisions specific to
work on board ship.
74.
Each Member shall ensure that measures providing
for health protection and medical care, including
essential dental care, for seafarers working on
board a ship that flies its flag are adopted which:
Standard
A4.1
Para 1 b)
Purpose: To protect the health of seafarers and ensure
their prompt access to medical care on board ship and
ashore
REQUIRED ACTION: To make compulsory that
the Company provides the necessary measures
and resources for the protection of the health of
Seafarers and ensures that they have access to
prompt and adequate medical care whilst
working on board.
To include this requirement in procedures and
instructions.
REQUIRED ACTION: To make compulsory that
the Company provides the necessary measures
and resources for the protection of the health of
Seafarers and ensures that they have access to the
necessary medicines, medical equipment and
10
Requirement
MLC 2006
reference
Regulation
4.1
(b) ensure that seafarers are given health protection
and medical care as comparable as possible to that
which is generally available to workers ashore,
including prompt access to the necessary
medicines, medical equipment and facilities for
diagnosis and treatment and to medical
information and expertise.
Each Member shall ensure that measures providing
for health protection and medical care, including
essential dental care, for seafarers working on
board a ship that flies its flag are adopted which:
(c) give seafarers the right to visit a qualified
medical doctor or dentist without delay in ports of
call, where practicable.
Standard
A4.1
Para 1 c)
76.
Each Member shall ensure that measures providing
for health protection and medical care, including
essential dental care, for seafarers working on
board a ship that flies its flag are adopted which:
Standard
A4.1
Para 1 d)
(d) ensure that, to the extent consistent with the
Member’s national law and practice, medical care
and health protection services while a seafarer is
on board ship or landed in a foreign port are
provided free of charge to seafarers.
(c) Persons in charge of medical care on board
who are not medical doctors shall have
satisfactorily completed training in medical care
that meets the requirements of the International
Convention on Standards of Training, Certification
and Watch keeping for Seafarers, 1978, as
amended (“STCW”)
Company reference
Compliance or non- compliance
Purpose: To protect the health of seafarers and ensure
their prompt access to medical care on board ship and
ashore
facilities for diagnosis and treatment and to
medical information and expertise.
To include this requirement in procedures and
instructions.
75.
86.
Comments
Standard
A4.1
Para 4 c)
REQUIRED ACTION: To make compulsory that
the Company provides the necessary measures
and resources for the protection of the health of
Seafarers and ensures that seafarers have the
right to visit a qualified medical doctor or dentist
without delay in ports of call
To include this requirement in procedures and
instructions.
REQUIRED ACTION: To make compulsory that
the Company provides the necessary measures and
resources for the protection of the health of
Seafarers and ensures that seafarers employed by
the company are protected from the financial
consequences of sickness, injury or death
occurring in connection with their employment by
the placement of an appropriate P&I insurance
policy.
To include this requirement in procedures and
instructions.
REQUIRED ACTION: To make compulsory that
the Company has designated the Chief Officer as
the “Medical Care” and “Medical First Aid”
Officer. Person in charge of medical care and
medical first aid on board (Chief Officer) shall
have completed training on medical care and
medical first aid that meet the requirements of the
11
Requirement
MLC 2006
reference
Regulation
4.1
Comments
Company reference
Compliance or non- compliance
Purpose: To protect the health of seafarers and ensure
their prompt access to medical care on board ship and
ashore
STCW.
To include this requirement in procedures and
instructions.
87.
(c) seafarers designated to provide medical first aid
shall have satisfactorily completed training in
medical first aid that meets the requirements of
STCW;
Standard
A4.1
Para 4 c)
88.
(d) The competent authority shall ensure by a
prearranged system that medical advice by radio or
satellite communication to ships at sea, including
specialist advice, is available 24 hours a day;
medical advice, including the onward transmission
of medical messages by radio or satellite
communication between a ship and those ashore
giving the advice, shall be available free of charge
to all ships irrespective of the flag that they fly.
Standard
A4.1
Para 4
We expect to find proof of ability to utilize this service.
REQUIRED ACTION: To make compulsory that
the Company has designated the Chief Officer as
the “Medical Care” and “Medical First Aid”
Officer. Person in charge of medical care and
medical first aid on board (Chief Officer) shall
have completed training on medical care and
medical first aid that meet the requirements of the
STCW.
To include this requirement in procedures and
instructions.
REQUIRED ACTION: To make compulsory that
the ship carry a complete and up-to-date list of
radio stations through which medical advice can
be obtained and an up-to-date and complete list of
coastal stations through which medical advice can
be obtained. Seafarers with responsibility for
medical care or medical first aid on board shall be
aware of the use of the ship’s medical guide and
the medical section of the most recent edition of
the International Code of Signals so as to enable
them to understand the type of information needed
by the advising doctor as well as the advice
received.
To include this requirement in procedures and
instructions.
12
13. On-board complaint procedures
Requirement – MLC 2006
MLC 2006
reference
Regulation
5.1.5
Comments
Company reference
Compliance or non- compliance
89.
Each Member shall require that ships that fly its
flag have on-board procedures for the fair,
effective and expeditious handling of seafarer
complaints alleging breaches of the requirements
of this Convention (including seafarers’ rights).
Regulation
5.1.5 Para 1
Regulation 5.1.5 Para 3:
The provisions in this Regulation and related sections of
the Code are
without prejudice to
a seafarer’s right to seek redress through whatever legal
means the seafarer considers appropriate.
REQUIRED ACTION: To develop and roll out
an onboard procedure to handle seafarer’s
complaints.
90.
Each Member shall prohibit and penalize
any kind of victimization of a seafarer for filing a
complaint.
Regulation
5.1.5 Para 2
REQUIRED ACTION: See above
91.
Without prejudice to any wider scope that may be
given in national laws or regulations or collective
agreements, the on-board procedures may be used
by seafarers to lodge complaints relating to any
matter that is alleged to constitute a breach of the
requirements of this Convention (including
seafarers’ rights).
Each Member shall ensure that, in its laws or
regulations, appropriate on board complaint
procedures are in place to meet the requirements of
Regulation 5.1.5.
Standard
A5.1.5
REQUIRED ACTION: See above
92.
Para 1
Standard
A5.1.5
Para 2
REQUIRED ACTION: See above
Such procedures shall seek to resolve complaints
at the lowest level possible.
However, in all cases, seafarers shall have a right
to complain directly to the master and, where they
consider it necessary, to appropriate external
13
Requirement – MLC 2006
93.
94.
authorities.
The on-board complaint procedures shall include
the right of the seafarer to be accompanied or
represented during the complaints procedure,
as well as safeguards against the possibility of
victimization of seafarers for filing complaints.
The term “victimization” covers any adverse
action taken by any person with respect to a
seafarer for lodging a complaint which is not
manifestly vexatious or maliciously made.
In addition to a copy of their seafarers’
employment agreement, all seafarers shall be
provided with a copy of the on-board complaint
procedures applicable on the ship.
MLC 2006
reference
Regulation
5.1.5
Comments
Company reference
Compliance or non- compliance
Standard
A5.1.5
Para 3
REQUIRED ACTION: See above
Standard
A5.1.5
Para 4
REQUIRED ACTION: See above
This shall include contact information for the
Competent Authority in the flag State and, where
different, in the seafarers’ country of residence,
and the name of a person or persons on board the
ship who can, on a confidential basis, provide
seafarers with impartial advice on their complaint
and otherwise assist them in following the
complaint procedures available to them on board
the ship.
14
14. Payment of wages
Requirement
MLC 2006
reference
Regulation
2.2
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers are paid for their
services
95.
Each Member shall require that payments due to
seafarers working on ships that fly its flag are
made at no greater than monthly intervals and in
accordance with any applicable collective
agreement.
Standard
A2.2
Para 1
REQUIRED ACTION: To review payment
arrangements to meet the requirement.
96.
Seafarers shall be given a monthly account of the
payments due and the amounts paid, including
wages, additional payments and the rate of
exchange used where payment has been made in a
currency or at a rate different from the one agreed
to.
Standard
A2.2
Para 2
REQUIRED ACTION: To review Seafarers
Employment Agreement subject to geographical
bonus (of basic pay) is added on the salary for work
in another contries.
97.
Each Member shall require that ship owners take
measures, such as those set out in paragraph 4 of
this Standard, to provide seafarers with a means to
transmit all or part of their earnings to their
families or dependants or legal beneficiaries.
Standard
A2.2
Para 3 and
4 a)
REQUIRED ACTION: To review payment
arrangements to meet the requirement.
Measures to ensure that seafarers are able to
transmit their earnings to their families include:
(a) a system for enabling seafarers, at the time of
their entering employment or during it, to allot, if
they so desire, a proportion of their wages for
remittance at regular intervals to their families by
bank transfers or similar means;
15
Requirement
MLC 2006
reference
Regulation
2.2
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers are paid for their
services
98.
(b) a requirement that allotments should be
remitted in due time and directly to the person or
persons nominated by the seafarers.
Standard
A2.2
Para 4 b)
REQUIRED ACTION: To review payment
arrangements to meet the requirement.
99.
Any charge for the service under paragraphs 3 and
4 of this Standard shall be reasonable in amount,
and the rate of currency exchange, unless
otherwise provided, shall, in accordance with
national laws or regulations, be at the prevailing
market rate or the official published rate and not
unfavourable to the seafarer.
Standard
A2.2
Para 5
REQUIRED ACTION: To review payment
arrangements to meet the requirement. Company
SMS to be included the fact that no charges
apply.
16
Other requirements
Requirement – MLC 2006
100
Each Member shall require all ships that fly its flag to have a copy of MLC 2006
available on board.
101
The declaration of maritime labour compliance shall be attached to the maritime
labour certificate. It shall have two parts…
MLC
2006
reference
Standard
A5.1.1
Para 2
Standard
A5.1.3
Para 10
Compliance or
Non-compliance
REQUIRED ACTION: To be compliant as soon as MLC2006 enters in force.
REQUIRED ACTION: To be compliant as soon as MLC2006 enters in force.
(b) Part II shall be drawn up by the ship owner and shall identify the measures
adopted to ensure ongoing compliance with the national requirements between
inspections and the measures proposed to ensure that there is continuous
improvement.
102
The results of all subsequent inspections or other verifications carried out with
respect to the ship concerned and any significant deficiencies found during any
such verification shall be recorded, together with the date when the deficiencies
were found to have been remedied. This record, accompanied by an Englishlanguage translation where it is not in English, shall, in accordance with national
laws or regulations, be inscribed upon or appended to the declaration of maritime
labour compliance or made available in some other way to seafarers, flag State
inspectors, authorized officers in port States and ship owners’ and seafarers’
representatives.
Standard
A5.1.3
para 11
REQUIRED ACTION: To be compliant as soon as MLC2006 enters in force.
103
A current valid maritime labour certificate and declaration of maritime labour
compliance, accompanied by an English-language translation where it is not in
English, shall be carried on the ship and a copy shall be posted in a conspicuous
place on board where it is available to the seafarers.
Standard
A5.1.3
Para 12
REQUIRED ACTION: To be compliant as soon as MLC2006 enters in force.
104
Inspectors shall submit a report of each inspection to the competent authority. One
copy of the report in English or in the working language of the ship shall be
furnished to the master of the ship and another copy shall be posted on the ship’s
notice board for the information of the seafarers and, upon request, sent to their
representatives.
Standard
A5.1.4
Para 12
REQUIRED ACTION: To be compliant as soon as MLC2006 enters in force.
17
Shipowners’ liability
Requirement – MLC 2006
118
119
MLC 2006
reference
Regulation
4.2
ship owners shall be liable to defray the expense of
medical care, including medical treatment and the
supply of the necessary medicines and therapeutic
appliances, and board and lodging away from
home until the sick or injured seafarer has
recovered, or until the sickness or incapacity has
been declared of a permanent character
Standard
A4.2
ship owners shall be liable to pay the cost of burial
expenses in the case of death occurring on board
or ashore during the period of engagement
Standard
A4.2
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers are protected from the
financial consequences of sickness, injury or death occurring
in connection with their employment
REQUIRED ACTION: To review policy
and the Seafarers Employment Agreement to
meet the requirement.
Para 1 (c)
REQUIRED ACTION: To be included in the
Seafarers Employment Agreement
document.
Para 1 (d)
121
Where the sickness or injury results in incapacity
for work the ship owner shall be liable:
Standard
A4.2
(a) to pay full wages as long as the sick or injured
seafarers remain on board or until the seafarers
have been repatriated in accordance with this
Convention; and
(b) to pay wages in whole or in part as prescribed
by national laws or regulations or as provided for
in collective agreements from the time when the
Para 3
REQUIRED ACTION: To make reference
to applicable national laws and collective
agreements in the Seafarers Employment
Agreement document.
18
Requirement – MLC 2006
123
seafarers are repatriated or landed until their
recovery or, if earlier, until they are entitled to
cash benefits under the legislation of the Member
concerned.
Ship owners or their representatives shall take
measures for safeguarding property left on board
by sick, injured or deceased seafarers and for
returning it to them or to their next of kin
MLC 2006
reference
Regulation
4.2
Standard
A4.2
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that seafarers are protected from the
financial consequences of sickness, injury or death occurring
in connection with their employment
REQUIRED ACTION: To be included in
procedures/manuals.
Para 7
19
Social security
Requirement – MLC 2006
124
Each Member undertakes to take steps, according
to its national circumstances, individually and
through international cooperation, to achieve
progressively comprehensive social security
protection for seafarers
MLC 2006
reference
Regulation
4.5
Comments
Regulation
4.5
Para 2
Move to mandatory part – to be covered by DMLC part II
Documentation of social security compliance
(employment agreement, documentation on board that
payments are being made)
Note: Social security is not a part of the 14 items being
covered by port state control. The item is however included in
the flag state guidelines it should be covered in some way.
Company reference
Compliance or non- compliance
Purpose: To ensure that measures are taken with a view to
providing seafarers with access to social security protection
REQUIRED ACTION: To consider in which
way BOU would provide for cooperation on
social security protection for seafarers in
accordance to Flag states agreements and
arrangements.
Regulation 4.5 Para 5:
Each Member’s responsibilities with respect to seafarers on
ships that fly its flag shall include those provided for by
Regulations 4.1 and 4.2 and the related provisions of the Code,
as well as those that are inherent in its general obligations
under international law.
Regulation 4.5 Para 8:
To the extent consistent with their national law and practice,
Members shall cooperate, through bilateral or multilateral
agreements or other arrangements, to ensure the maintenance
of social security rights, provided through contributory or noncontributory schemes, which have been acquired, or are in the
course of acquisition, by all seafarers regardless of residence
Regulation 4.5 Para 9: Each Member shall establish fair and
effective procedures for the settlement of disputes.
125
Each Member shall ensure that seafarers who are
subject to its social security legislation, and, to the
extent provided for in its national law, their
dependants, are entitled to benefit from social
security protection no less favourable than that
Regulation
4.5
Para 3
REQUIRED ACTION: See above
20
Requirement – MLC 2006
MLC 2006
reference
Regulation
4.5
Comments
Company reference
Compliance or non- compliance
Purpose: To ensure that measures are taken with a view to
providing seafarers with access to social security protection
enjoyed by shore workers
126
The branches to be considered with a view to
achieving progressively comprehensive social
security protection under Regulation 4.5 are:
medical care, sickness benefit, unemployment
benefit, old-age benefit, employment injury
benefit, family benefit, maternity benefit,
invalidity benefit and survivors’ benefit,
complementing the protection provided for under
Regulations 4.1, on medical care, and 4.2, on ship
owners’ liability, and under other titles of this
Convention.
At the time of ratification, the protection to be
provided by each Member in accordance with
Regulation 4.5, paragraph 1, shall include at least
three of the nine branches listed in paragraph 1 of
this Standard.
Standard
A4.5
REQUIRED ACTION: See above
Para 1
Para 2
21