SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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Minimum requirements for seafarers to work on a ship(g) prescribing operational standards and adopting codes of conduct and ethicalpractices for seafarer recruitment and placement services; and(h) exercising supervision of the licensing or certification system on the basis of a systemof quality standards.2. In establishing the system referred to in Standard A1.4, paragraph 2, eachMember should consider requiring seafarer recruitment and placement services, establishedin its territory, to develop and maintain verifiable operational practices. Theseoperational practices for private seafarer recruitment and placement services and, tothe extent that they are applicable, for public seafarer recruitment and placement servicesshould address the following matters:(a) medical examinations, seafarers’ identity documents and such other items as maybe required for the seafarer to gain employment;(b) maintaining, with due regard to the right to privacy and the need to protect confidentiality,full and complete records of the seafarers covered by their recruitmentand placement system, which should include but not be limited to:(i) the seafarers’ qualifications;(ii) record of employment;(iii) personal data relevant to employment; and(iv) medical data relevant to employment;(c) maintaining up-to-date lists of the ships for which the seafarer recruitment andplacement services provide seafarers and ensuring that there is a means by whichthe services can be contacted in an emergency at all hours;(d) procedures to ensure that seafarers are not subject to exploitation by the seafarerrecruitment and placement services or their personnel with regard to the offer ofengagement on particular ships or by particular companies;(e) procedures to prevent the opportunities for exploitation of seafarers arising fromthe issue of joining advances or any other financial transaction between the shipownerand the seafarers which are handled by the seafarer recruitment and placementservices;(f) clearly publicizing costs, if any, which the seafarer will be expected to bear in therecruitment process;(g) ensuring that seafarers are advised of any particular conditions applicable to thejob for which they are to be engaged and of the particular shipowner’s policiesrelating to their employment;(h) procedures which are in accordance with the principles of natural justice for dealingwith cases of incompetence or indiscipline consistent with national laws andpractice and, where applicable, with collective agreements;(i) procedures to ensure, as far as practicable, that all mandatory certificates anddocuments submitted for employment are up to date and have not been fraudulentlyobtained and that employment references are verified;(j) procedures to ensure that requests for information or advice by families of seafarerswhile the seafarers are at sea are dealt with promptly and sympatheticallyand at no cost; and(k) verifying that labour conditions on ships where seafarers are placed are in conformitywith applicable collective bargaining agreements concluded between ashipowner and a representative seafarers’ organization and, as a matter of policy,23
Maritime Labour Convention, 2006supplying seafarers only to shipowners that offer terms and conditions of employmentto seafarers which comply with applicable laws or regulations or collectiveagreements.3. Consideration should be given to encouraging international cooperationbetween Members and relevant organizations, such as:(a) the systematic exchange of information on the maritime industry and labour marketon a bilateral, regional and multilateral basis;(b) the exchange of information on maritime labour legislation;(c) the harmonization of policies, working methods and legislation governing recruitmentand placement of seafarers;(d) the improvement of procedures and conditions for the international recruitmentand placement of seafarers; and(e) workforce planning, taking account of the supply of and demand for seafarersand the requirements of the maritime industry.24
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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
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 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
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TITLE 5. COMPLIANCE AND ENFORCEMENT
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Compliance and enforcement(a) has t
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Compliance and enforcement7. Detail
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Compliance and enforcement14. A cer
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Compliance and enforcement5. If a M
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Compliance and enforcement(a) the i
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Compliance and enforcementGuideline
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Compliance and enforcement(c)(d)the
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Compliance and enforcementStandard
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APPENDIX A5-IThe working and living
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Appendix A5-IIThis is to certify:1.
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Appendix A5-IIMaritime Labour Conve
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Appendix A5-IISignature: ..........
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Appendix A5-IIThis Certificate is v
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APPENDIX B5-I - EXAMPLE OF A NATION
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Appendix B5-IDeclaration of Maritim
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SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

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