Conditions of employmentGuideline B2.1 – Seafarers’ employment agreementsGuideline B2.1.1 – Record of employment1. In determining the particulars to be recorded in the record of employmentreferred to in St<strong>and</strong>ard A2.1, paragraph 1(e), each Member should ensure that thisdocument contains sufficient information, with a translation in English, to facilitate theacquisition of further work or to satisfy the sea-service requirements for upgrading orpromotion. A seafarers’ discharge book may satisfy the requirements of paragraph1(e) of that St<strong>and</strong>ard.Regulation 2.2 – WagesPurpose: To ensure that seafarers are paid for their services1. All seafarers shall be paid for their work regularly <strong>and</strong> in full in accordancewith their employment agreements.St<strong>and</strong>ard A2.2 – Wages1. Each Member shall require that payments due to seafarers working on shipsthat fly its flag are made at no greater than monthly intervals <strong>and</strong> in accordance withany applicable collective agreement.2. Seafarers shall be given a monthly account of the payments due <strong>and</strong> theamounts paid, including wages, additional payments <strong>and</strong> the rate of exchange usedwhere payment has been made in a currency or at a rate different from the one agreedto.3. Each Member shall require that shipowners take measures, such as those setout in paragraph 4 of this St<strong>and</strong>ard, to provide seafarers with a means to transmit allor part of their earnings to their families or dependants or legal beneficiaries.4. Measures to ensure that seafarers are able to transmit their earnings to theirfamilies include:(a) a system for enabling seafarers, at the time of their entering employment or duringit, to allot, if they so desire, a proportion of their wages for remittance atregular intervals to their families by bank transfers or similar means; <strong>and</strong>(b) a requirement that allotments should be remitted in due time <strong>and</strong> directly to theperson or persons nominated by the seafarers.5. Any charge for the service under paragraphs 3 <strong>and</strong> 4 of this St<strong>and</strong>ard shall bereasonable in amount, <strong>and</strong> the rate of currency exchange, unless otherwise provided,shall, in accordance with national laws or regulations, be at the prevailing market rateor the official published rate <strong>and</strong> not unfavourable to the seafarer.6. Each Member that adopts national laws or regulations governing seafarers’wages shall give due consideration to the guidance provided in Part B of the Code.Guideline B2.2 – WagesGuideline B2.2.1 – Specific definitions1. For the purpose of this Guideline, the term:27
<strong>Maritime</strong> <strong>Labour</strong> <strong>Convention</strong>, 2006(a)(b)(c)(d)(e)able seafarer means any seafarer who is deemed competent to perform any dutywhich may be required of a rating serving in the deck department, other than theduties of a supervisory or specialist rating, or who is defined as such by nationallaws, regulations or practice, or by collective agreement;basic pay or wages means the pay, however composed, for normal hours of work;it does not include payments for overtime worked, bonuses, allowances, paidleave or any other additional remuneration;consolidated wage means a wage or salary which includes the basic pay <strong>and</strong> otherpay-related benefits; a consolidated wage may include compensation for all overtimehours which are worked <strong>and</strong> all other pay-related benefits, or it may includeonly certain benefits in a partial consolidation;hours of work means time during which seafarers are required to do work on accountof the ship;overtime means time worked in excess of the normal hours of work.Guideline B2.2.2 – Calculation <strong>and</strong> payment1. For seafarers whose remuneration includes separate compensation for overtimeworked:(a) for the purpose of calculating wages, the normal hours of work at sea <strong>and</strong> in portshould not exceed eight hours per day;(b) for the purpose of calculating overtime, the number of normal hours per weekcovered by the basic pay or wages should be prescribed by national laws or regulations,if not determined by collective agreements, but should not exceed48 hours per week; collective agreements may provide for a different but not lessfavourable treatment;(c) the rate or rates of compensation for overtime, which should be not less than one<strong>and</strong> one-quarter times the basic pay or wages per hour, should be prescribed bynational laws or regulations or by collective agreements, if applicable; <strong>and</strong>(d) records of all overtime worked should be maintained by the master, or a personassigned by the master, <strong>and</strong> endorsed by the seafarer at no greater than monthlyintervals.2. For seafarers whose wages are fully or partially consolidated:(a) the seafarers’ employment agreement should specify clearly, where appropriate,the number of hours of work expected of the seafarer in return for this remuneration,<strong>and</strong> any additional allowances which might be due in addition to the consolidatedwage, <strong>and</strong> in which circumstances;(b) where hourly overtime is payable for hours worked in excess of those covered bythe consolidated wage, the hourly rate should be not less than one <strong>and</strong> onequartertimes the basic rate corresponding to the normal hours of work as definedin paragraph 1 of this Guideline; the same principle should be applied to theovertime hours included in the consolidated wage;(c) remuneration for that portion of the fully or partially consolidated wage representingthe normal hours of work as defined in paragraph 1(a) of this Guidelineshould be no less than the applicable minimum wage; <strong>and</strong>(d) for seafarers whose wages are partially consolidated, records of all overtimeworked should be maintained <strong>and</strong> endorsed as provided for in paragraph 1(d) ofthis Guideline.28
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the Convention regarding the need f
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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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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