SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

provided in the section on Regulation 1.4 in Chapter 3 of the Guidelines for flag Stateinspections under the Maritime Labour Convention, 2006. 18C1.4.f. What happens if seafarers are recruited from a country that has not ratified theMLC, 2006?Under Regulation 1.4, paragraph 3 and Standard A1.4, paragraph 9 of theMLC, 2006, shipowners who use seafarer recruitment and placement services that arebased in countries or territories in which the Convention does not apply must ensure, as faras practicable, that those services meet the requirements of Standard A1.4.Useful guidance is provided in the section on Regulation 1.4 in Chapter 3 of theGuidelines for flag State inspections under the Maritime Labour Convention, 2006. 19C1.4.g. Can recruitment and placement services charge seafarers fees?Having regard to Standard A1.4, paragraph 5 of the MLC, 2006, no fees or othercharges for seafarer recruitment or placement or for providing employment to seafarersmay be borne directly or indirectly, in whole or in part, by the seafarer, other than the costof the seafarer obtaining a national statutory medical certificate, the national seafarer'sbook and a passport or other similar personal travel documents, not including, however,the cost of visas, which must be borne by the shipowner.C1.4.h. Who pays for documents that seafarers need to be able to travel to join ship?In the light of Standard A.1.4, paragraph 5, relating to fees or other charges in thecontext of recruitment and placement [see C1.4.g. Can recruitment and placement servicescharge seafarers fees?], in the absence of any relevant provision in the seafarer’semployment agreement or applicable collective bargaining agreement, one would expectthe seafarer to cover the cost of a passport or similar travel document, and the shipowner topay the cost of any necessary visa. The Conventions relating to seafarers’ identitydocuments (SIDs), Nos 108 and 185 (not consolidated in the MLC, 2006 [see A20. WhichILO Conventions are consolidated in the MLC, 2006?] do not contain a provision requiringthe shipowner to pay for the SIDs.C1.4.i. What is the system of protection against monetary loss that is required of privateseafarer recruitment and placement services?Standard A1.4, paragraph 5 of the MLC, 2006 requires countries to regulate anyprivate seafarer recruitment and placement services that may be operating in their territory.One such requirement is that the countries concerned have to ensure (Standard A1.4,paragraph 5(c)(vi)) that any such services establish a system of protection, by way ofinsurance or an equivalent appropriate measure, to compensate seafarers for monetary lossthat they may incur as a result of the failure of a recruitment and placement service or therelevant shipowner under the seafarers’ employment agreement to meet its obligations tothem.The obligation on the ratifying country is not to provide this system of protection butrather, in the system that it adopts (pursuant to Standard A1.4, paragraph 2), to regulatethese services through laws or regulations or other measures. The MLC, 2006 does notspecify the form of this system, other than referring to insurance or an equivalent measure.18 See footnote 4.19 See footnote 4.FAQ 21