SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

More documents

Recommendations

Info

Compliance and enforcement(c)(d)there are reasonable grounds to believe that the ship has changed flag for the purposeof avoiding compliance with this Convention; orthere is a complaint alleging that specific working and living conditions on theship do not conform to the requirements of this Convention;a more detailed inspection may be carried out to ascertain the working and living conditionson board the ship. Such inspection shall in any case be carried out where theworking and living conditions believed or alleged to be defective could constitute aclear hazard to the safety, health or security of seafarers or where the authorized officerhas grounds to believe that any deficiencies constitute a serious breach of the requirementsof this Convention (including seafarers’ rights).2. Where a more detailed inspection is carried out on a foreign ship in the portof a Member by authorized officers in the circumstances set out in subparagraph (a),(b) or (c) of paragraph 1 of this Standard, it shall in principle cover the matters listedin Appendix A5-III.3. In the case of a complaint under paragraph 1(d) of this Standard, the inspectionshall generally be limited to matters within the scope of the complaint, although acomplaint, or its investigation, may provide clear grounds for a detailed inspection inaccordance with paragraph 1(b) of this Standard. For the purpose of paragraph 1(d) ofthis Standard, “complaint” means information submitted by a seafarer, a professionalbody, an association, a trade union or, generally, any person with an interest in thesafety of the ship, including an interest in safety or health hazards to seafarers onboard.4. Where, following a more detailed inspection, the working and living conditionson the ship are found not to conform to the requirements of this Convention, theauthorized officer shall forthwith bring the deficiencies to the attention of the masterof the ship, with required deadlines for their rectification. In the event that such deficienciesare considered by the authorized officer to be significant, or if they relate to acomplaint made in accordance with paragraph 3 of this Standard, the authorized officershall bring the deficiencies to the attention of the appropriate seafarers’ and shipowners’organizations in the Member in which the inspection is carried out, and may:(a) notify a representative of the flag State;(b) provide the competent authorities of the next port of call with the relevantinformation.5. The Member in which the inspection is carried out shall have the right totransmit a copy of the officer’s report, which must be accompanied by any reply receivedfrom the competent authorities of the flag State within the prescribed deadline,to the Director-General of the International Labour Office with a view to such actionas may be considered appropriate and expedient in order to ensure that a record is keptof such information and that it is brought to the attention of parties which might be interestedin availing themselves of relevant recourse procedures.6. Where, following a more detailed inspection by an authorized officer, theship is found not to conform to the requirements of this Convention and:(a) the conditions on board are clearly hazardous to the safety, health or security ofseafarers; or(b) the non-conformity constitutes a serious or repeated breach of the requirementsof this Convention (including seafarers’ rights);87
Maritime Labour Convention, 2006the authorized officer shall take steps to ensure that the ship shall not proceed to seauntil any non-conformities that fall within the scope of subparagraph (a) or (b) of thisparagraph have been rectified, or until the authorized officer has accepted a plan of actionto rectify such non-conformities and is satisfied that the plan will be implementedin an expeditious manner. If the ship is prevented from sailing, the authorized officershall forthwith notify the flag State accordingly and invite a representative of the flagState to be present, if possible, requesting the flag State to reply within a prescribeddeadline. The authorized officer shall also inform forthwith the appropriate shipowners’and seafarers’ organizations in the port State in which the inspection was carriedout.7. Each Member shall ensure that its authorized officers are given guidance, ofthe kind indicated in Part B of the Code, as to the kinds of circumstances justifying detentionof a ship under paragraph 6 of this Standard.8. When implementing their responsibilities under this Standard, each Membershall make all possible efforts to avoid a ship being unduly detained or delayed. If aship is found to be unduly detained or delayed, compensation shall be paid for any lossor damage suffered. The burden of proof in each case shall be on the complainant.Guideline B5.2.1 – Inspections in port1. The competent authority should develop an inspection policy for authorizedofficers carrying out inspections under Regulation 5.2.1. The objective of the policyshould be to ensure consistency and to otherwise guide inspection and enforcement activitiesrelated to the requirements of this Convention (including seafarers’ rights).Copies of this policy should be provided to all authorized officers and should be availableto the public and shipowners and seafarers.2. When developing a policy relating to the circumstances warranting a detentionof the ship under Standard A5.2.1, paragraph 6, of the competent authority shouldconsider that, with respect to the breaches referred to in Standard A5.2.1, paragraph6(b), the seriousness could be due to the nature of the deficiency concerned. Thiswould be particularly relevant in the case of the violation of fundamental rights andprinciples or seafarers’ employment and social rights under Articles III and IV. For example,the employment of a person who is under age should be considered as a seriousbreach even if there is only one such person on board. In other cases, the number ofdifferent defects found during a particular inspection should be taken into account: forexample, several instances of defects relating to accommodation or food and cateringwhich do not threaten safety or health might be needed before they should be consideredas constituting a serious breach.3. Members should cooperate with each other to the maximum extent possiblein the adoption of internationally agreed guidelines on inspection policies, especiallythose relating to the circumstances warranting the detention of a ship.Regulation 5.2.2 – Onshore seafarer complaint-handling procedures1. Each Member shall ensure that seafarers on ships calling at a port in theMember’s territory who allege a breach of the requirements of this Convention (includingseafarers’ rights) have the right to report such a complaint in order to facilitatea prompt and practical means of redress.88
Page 8:
C5.1. Flag State responsibilities .
Page 11 and 12:
the Convention regarding the need f
Page 13 and 14:
oard ships but are not directly inv
Page 15 and 16:
supervisory system (a system establ
Page 18 and 19:
A16. How does the MLC, 2006 make it
Page 20 and 21:
A19. What will happen to the mariti
Page 22 and 23:
B. Questions about the workers andt
Page 27 and 28:
authority?] as qualified to issue s
Page 29 and 30:
C1.3.b. Does this training requirem
Page 31 and 32:
It may be useful to also consider t
Page 33 and 34:
equirements for upgrading or promot
Page 35 and 36:
C2.3.h. Do the hour of rest and hou
Page 37 and 38:
C3. Title 3 Accommodation, recreati
Page 39 and 40:
y berths and lockers, chests of dra
Page 41 and 42:
C4.1.b. Must every ship have a ship
Page 43 and 44:
• the cost of safeguarding the pr
Page 45 and 46:
(b) facilities for sports and outdo
Page 47 and 48:
• Sickness benefit• Unemploymen
Page 49 and 50:
agreed upon international standards
Page 51 and 52:
provisions of Regulation 5.1.3 and
Page 53 and 54:
C5.1.o. What is the period of valid
Page 55 and 56:
(b)(c)to carry out any examination,
Page 57 and 58:
prevents ships being delayed by unn
Page 59 and 60:
certificate and DMLC should be the
Page 61 and 62:
C5.2.q. Are complaints confidential
Page 64 and 65:
INTERNATIONAL LABOUR CONFERENCECont
Page 66 and 67:
Maritime Labour Convention, 2006MAR
Page 68 and 69:
Maritime Labour Convention, 2006(b)
Page 70 and 71:
Maritime Labour Convention, 20062.
Page 72 and 73:
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 84 and 85:
Page 86 and 87:
Page 88 and 89:
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 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
show all

SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

Create successful ePaper yourself

Delete template?

Save as template?