SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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APPENDIX B5-I – EXAMPLE OF A NATIONAL DECLARATIONSee Guideline B5.1.3, paragraph 5Maritime Labour Convention, 2006Declaration of Maritime Labour Compliance – Part I(Note: This Declaration must be attachedto the ship’s Maritime Labour Certificate)Issued under the authority of: The Ministry of Maritime Transport of XxxxxxWith respect to the provisions of the Maritime Labour Convention, 2006, the followingreferenced ship:Name of ship IMO number Gross tonnageM.S. EXAMPLE 12345 1,000is maintained in accordance with Standard A5.1.3 of the Convention.The undersigned declares, on behalf of the abovementioned competent authority,that:(a) the provisions of the Maritime Labour Convention are fully embodied in thenational requirements referred to below;(b) these national requirements are contained in the national provisions referencedbelow; explanations concerning the content of those provisions are providedwhere necessary;(c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4,are provided (strike out the statement which is notapplicable);(d) any exemptions granted by the competent authority in accordance with Title 3are clearly indicated in the section provided for this purpose below; and(e) any ship-type specific requirements under national legislation are also referencedunder the requirements concerned.E X A M P L E1. Minimum age (Regulation 1.1)Shipping Law, No. 123 of 1905, as amended (“Law”), Chapter X; Shipping Regulations(“Regulations”), 2006, Rules 1111-1222.Minimum ages are those referred to in the Convention.“Night” means 9 p.m. to 6 a.m. unless the Ministry of Maritime Transport (“Ministry”)approves a different period.Examples of hazardous work restricted to 18-year-olds or over are listed in ScheduleA hereto. In the case of cargo ships, no one under 18 may work in the areasmarked on the ship’s plan (to be attached to this Declaration) as “hazardous area”.103
Appendix B5-IMaritime Labour Convention, 20062. Medical certification (Regulation 1.2)Law, Chapter XI; Regulations, Rules 1223-1233.Medical certificates shall conform to the STCW requirements, where applicable; inother cases, the STCW requirements are applied with any necessary adjustments.Qualified opticians on list approved by Ministry may issue certificates concerningeyesight.Medical examinations follow the ILO/WHO Guidelines referred to in GuidelineB1.2.1......................................................................................................................................................................................................................................................................................................E X A M P L E104
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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
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Maritime Labour Convention, 20062.
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Explanatory note to the Regulations
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Minimum requirements for seafarers
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Conditions of employmentTITLE 2. CO
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Conditions of employmentGuideline B
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Conditions of employment3. National
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Conditions of employment(a) hours o
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Conditions of employment4. Paragrap
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Conditions of employmentRegulation
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Conditions of employment(b) accommo
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Conditions of employmentciently and
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Accommodation, recreational facilit
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Page 118 and 119: 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 170: Appendix B5-IDeclaration of Maritim
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SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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