SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Health protection, medical care, welfare and social security protection(d)shipowners shall be liable to pay the cost of burial expenses in the case of deathoccurring on board or ashore during the period of engagement.2. National laws or regulations may limit the liability of the shipowner to defraythe expense of medical care and board and lodging to a period which shall not be lessthan 16 weeks from the day of the injury or the commencement of the sickness.3. Where the sickness or injury results in incapacity for work the shipownershall be liable:(a) to pay full wages as long as the sick or injured seafarers remain on board or untilthe 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 oras provided for in collective agreements from the time when the seafarers are repatriatedor landed until their recovery or, if earlier, until they are entitled to cashbenefits under the legislation of the Member concerned.4. National laws or regulations may limit the liability of the shipowner to paywages in whole or in part in respect of a seafarer no longer on board to a period whichshall not be less than 16 weeks from the day of the injury or the commencement of thesickness.5. National laws or regulations may exclude the shipowner from liability in respectof:(a) injury incurred otherwise than in the service of the ship;(b) injury or sickness due to the wilful misconduct of the sick, injured or deceasedseafarer; and(c) sickness or infirmity intentionally concealed when the engagement is enteredinto.6. National laws or regulations may exempt the shipowner from liability to defraythe expense of medical care and board and lodging and burial expenses in so faras such liability is assumed by the public authorities.7. Shipowners or their representatives shall take measures for safeguardingproperty left on board by sick, injured or deceased seafarers and for returning it tothem or to their next of kin.Guideline B4.2 – Shipowners’ liability1. The payment of full wages required by Standard A4.2, paragraph 3(a), maybe exclusive of bonuses.2. National laws or regulations may provide that a shipowner shall cease to beliable to bear the costs of a sick or injured seafarer from the time at which that seafarercan claim medical benefits under a scheme of compulsory sickness insurance, compulsoryaccident insurance or workers’ compensation for accidents.3. National laws or regulations may provide that burial expenses paid by theshipowner shall be reimbursed by an insurance institution in cases in which funeralbenefit is payable in respect of the deceased seafarer under laws or regulations relatingto social insurance or workers’ compensation.59
Maritime Labour Convention, 2006Regulation 4.3 – Health and safety protection and accident preventionPurpose: To ensure that seafarers’ work environment on board ships promotesoccupational safety and health1. Each Member shall ensure that seafarers on ships that fly its flag are providedwith occupational health protection and live, work and train on board ship in asafe and hygienic environment.2. Each Member shall develop and promulgate national guidelines for the managementof occupational safety and health on board ships that fly its flag, after consultationwith representative shipowners’ and seafarers’ organizations and taking intoaccount applicable codes, guidelines and standards recommended by internationalorganizations, national administrations and maritime industry organizations.3. Each Member shall adopt laws and regulations and other measures addressingthe matters specified in the Code, taking into account relevant international instruments,and set standards for occupational safety and health protection and accidentprevention on ships that fly its flag.Standard A4.3 – Health and safety protection and accident prevention1. The laws and regulations and other measures to be adopted in accordancewith Regulation 4.3, paragraph 3, shall include the following subjects:(a) the adoption and effective implementation and promotion of occupational safetyand health policies and programmes on ships that fly the Member’s flag, includingrisk evaluation as well as training and instruction of seafarers;(b) reasonable precautions to prevent occupational accidents, injuries and diseaseson board ship, including measures to reduce and prevent the risk of exposure toharmful levels of ambient factors and chemicals as well as the risk of injury or diseasethat may arise from the use of equipment and machinery on board ships;(c) on-board programmes for the prevention of occupational accidents, injuries anddiseases and for continuous improvement in occupational safety and health protection,involving seafarers’ representatives and all other persons concerned intheir implementation, taking account of preventive measures, including engineeringand design control, substitution of processes and procedures for collectiveand individual tasks, and the use of personal protective equipment; and(d) requirements for inspecting, reporting and correcting unsafe conditions and forinvestigating and reporting on-board occupational accidents.2. The provisions referred to in paragraph 1 of this Standard shall:(a) take account of relevant international instruments dealing with occupationalsafety and health protection in general and with specific risks, and address allmatters relevant to the prevention of occupational accidents, injuries and diseasesthat may be applicable to the work of seafarers and particularly those whichare specific to maritime employment;(b) clearly specify the obligation of shipowners, seafarers and others concerned tocomply with the applicable standards and with the ship’s occupational safetyand health policy and programme with special attention being paid to the safety andhealth of seafarers under the age of 18;60
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C5.1. Flag State responsibilities .
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the Convention regarding the need f
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oard ships but are not directly inv
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supervisory system (a system establ
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A16. How does the MLC, 2006 make it
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A19. What will happen to the mariti
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B. Questions about the workers andt
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authority?] as qualified to issue s
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C1.3.b. Does this training requirem
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It may be useful to also consider t
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equirements for upgrading or promot
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C2.3.h. Do the hour of rest and hou
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C3. Title 3 Accommodation, recreati
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y berths and lockers, chests of dra
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C4.1.b. Must every ship have a ship
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• the cost of safeguarding the pr
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(b) facilities for sports and outdo
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• Sickness benefit• Unemploymen
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agreed upon international standards
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provisions of Regulation 5.1.3 and
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C5.1.o. What is the period of valid
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(b)(c)to carry out any examination,
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prevents ships being delayed by unn
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certificate and DMLC should be the
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C5.2.q. Are complaints confidential
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INTERNATIONAL LABOUR CONFERENCECont
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Maritime Labour Convention, 2006MAR
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Maritime Labour Convention, 2006(b)
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Maritime Labour Convention, 20062.
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Maritime Labour Convention, 2006Pla
Page 74: Maritime Labour Convention, 20062.
Page 78: Explanatory note to the Regulations
Page 82 and 83: Minimum requirements for seafarers
Page 90 and 91: Conditions of employmentTITLE 2. CO
Page 92 and 93: Conditions of employmentGuideline B
Page 94 and 95: Conditions of employment3. National
Page 96 and 97: Conditions of employment(a) hours o
Page 98 and 99: Conditions of employment4. Paragrap
Page 100 and 101: Conditions of employmentRegulation
Page 102 and 103: Conditions of employment(b) accommo
Page 104 and 105: Conditions of employmentciently and
Page 106 and 107: Accommodation, recreational facilit
Page 120 and 121: Health protection, medical care, we
Page 138 and 139: TITLE 5. COMPLIANCE AND ENFORCEMENT
Page 140 and 141: Compliance and enforcement(a) has t
Page 142 and 143: Compliance and enforcement7. Detail
Page 144 and 145: Compliance and enforcement14. A cer
Page 146 and 147: Compliance and enforcement5. If a M
Page 148 and 149: Compliance and enforcement(a) the i
Page 150 and 151: Compliance and enforcementGuideline
Page 152 and 153: Compliance and enforcement(c)(d)the
Page 154 and 155: Compliance and enforcementStandard
Page 156 and 157: APPENDIX A5-IThe working and living
Page 158 and 159: Appendix A5-IIThis is to certify:1.
Page 160 and 161: Appendix A5-IIMaritime Labour Conve
Page 162 and 163: Appendix A5-IISignature: ..........
Page 166 and 167: Appendix A5-IIThis Certificate is v
Page 168 and 169: APPENDIX B5-I - EXAMPLE OF A NATION
Page 170: Appendix B5-IDeclaration of Maritim
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SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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