European Maritime Safety Agency Training booklet. Training on Working and Living conditions of Seafarers (Maritime Labour Convention, 2006)

Transcription

1 European Maritime Safety Agency Training booklet Training on Working and Living conditions of Seafarers (, 2006) Lisbon, September 2010

2 Training on working and living conditions of seafarers Meeting Room -1/11 14 September :00 Registration and Coffee 09:15 Welcome address 09:30 General introduction and Articles of the MLC Nikos Katsoulis 10:15 Coffee Break 10:30 MLC Title 5: Flag State enforcement Giuseppe Russo :00 Exercise Quizzes TRUE/FALSE on the Title 1 of MLC MLC - Title 1: Minimum requirements for seafarers to work on a ship Giuseppe Russo 12:45 Lunch 14:30 15:00 Exercise Quizzes TRUE/FALSE on the Title 2 of MLC MLC Title 2: Seafarers Employment Agreement (SEA) and Wages Nikolaos Katsoulis Veronica Frank 15:45 Coffee Break 16:00 Practical activity Review a section of a Seafarers Employment Agreement Nikolaos Katsoulis 17:00 De-briefing, discussion 17:15 End of the first day 09:00 Registration 15 September :05 MLC Title 2: Hours of work and hours of rest Nikolaos Katsoulis 09:45 MLC Title 2: Entitlement to leave, repatriation, manning levels 10:30 Coffee break Veronica Frank 10:45 11:45 Practical activity Prepare model national requirements related to entitlement to leave and repatriation MLC Title 3: Accommodation, recreational facilities, food and catering Nikolaos Katsoulis Giuseppe Russo

3 12:45 Lunch 14:30 Practical activity Actions to be taken on food and catering 15:30 Coffee break 15:50 Practical activity Actions to be taken on food and catering 16:30 De-briefing, discussion Nikolaos Katsoulis Nikolaos Katsoulis 17:00 End of the second day 16 September :00 Registration 09:05 09:30 Exercise Quizzes TRUE/FALSE on the Title 4 of MLC MLC Title 4: Health, medical care, welfare and social security protection 10:30 Coffee break Nikolaos Katsoulis Veronica Frank 10:45 MLC Title 5: Complaints Giuseppe Russo 11:15 MLC Title 5: Port State Control Jaime Gonzalez 12:00 Case study: PSCOs decisions Jaime Gonzalez 13:00 Lunch 15:00 Experience from a Member State involved in the implementation of the MLC United Kingdom 15:45 Coffee break 16:00 16:45 Experience from a Member State involved in the implementation of the MLC United Kingdom The EU and working and living conditions of seafarers 16:30 De-briefing, discussion Neil Atkinson Neil Atkinson 17:00 End of the third day Page 2 of 2

4 1 General introduction and Articles Giuseppe Russo Project Officer for Co-operation and Training General introduction Common Terminology and Concepts and where to look for more information ILO - Tripartism and social dialogue Decent Work International Labour Standards ILO supervisory system IMO- Flag State Port State Port State Control Memorandum of Understanding (PSC MOU) ( (Ship) Classification Societies ( ROs ) - For example General introduction Seafarers working and living conditions 3

5 4 General introduction Seafarers have always been of special concern to the International Labour Organization (ILO) General introduction Tripartite consultation and the development of the for seafarers: comprehensive & effective protection for governments & shipowners: a level playing field & flexibility on details General introduction Why did the ILO decide to develop a new Convention? 6 February 2006

6 7 General introduction The purpose of the, 2006 General introduction A consolidation of the existing maritime labour instruments 8 General introduction Combining the best of the old with the new 9 to achieve universal acceptance with a new approach to securing compliance, and building upon well-established approaches developed, in particular, in ILO Convention No. 147 and STCW and SOLAS

7 10 The Articles Structural overview of the Convention 1 st level: Articles 2 nd level: Regulations 3 rd level: A two-part Code Part A: Mandatory Standards Part B: Non-mandatory Guidelines (Explanatory note) The Articles Example of vertical integration (extracts) Regulation 1.2 Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea 1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties. Standard A1.2 Medical certificate 1. The competent authority shall require that, prior to beginning work on a ship, seafarers hold a valid medical certificate attesting... Guideline B1.2 Medical certificate Guideline B1.2.1 International Guidelines 1. The competent authority... should follow 11 The Articles Who or what does the MLC, 2006 apply to? Seafarers all persons working on a ship (to which the Convention applies) Ships all ships, ordinarily engaged in commercial activities except for: ships exclusively in inland waters, etc; ships engaged in fishing, etc; warships and ships of traditional build. 12 See: Article II Definitions & Scope of Application

8 13 The Articles Flexibility for governments under the MLC Is it possible to exclude: categories of seafarers or ships? particular provisions? The Articles Flexibility for governments under the MLC concerning the means of implementing the requirements of the Convention; 14 thanks to Part B of the Code; through substantial equivalence. The Articles Warning: 15 it is not the job of an inspector to verify whether national laws or other measures comply with the requirements of the Convention. This is a matter addressed by the ILO supervisory system

9 16 Seafarers Rights Fundamental rights and principles Article III (a) freedom of association and collective bargaining; (b) elimination of forced labour; (c) effective abolition of child labour; (d) elimination of discrimination in respect of employment and occupation. Seafarers Rights Seafarers Employment and Social Rights Article IV 1. a safe and secure workplace 2. fair terms of employment 3. decent working and living conditions onboard, health protection, medical care, social protection 17 Implementation and Enforcement (including regular inspections) Article V 18 3 kinds of international responsibilities: Flag State (Title 5, Regulation 5.1) Port State (Title 5, Regulation 5.2) Labour Supply (Title 5, Regulation 5.3)

10 19 Implementation and Enforcement Responsibilities Article V Port State control No more favourable treatment Entry into force of the Convention 20 Article VIII Initial entry into force Entry into force for each Member State Keeping the Convention effective and up to date 21 Special Tripartite Committee Accelerated amendment procedure

11 22 Filling a gap in tripartite consultation Special Tripartite Committee MLC Any question? 24 Thank You for listening!!!

12 1 Title 5 Flag State enforcement Flag State inspection and certification General principles 2 National provisions implementing the MLC Flag State inspection and certification National provisions implementing the MLC National determinations 3 National flexibility National inspection system Recognized Organizations (Ros)

13 4 Flag State inspection and certification CERTIFICATION Maritime Labour Certificate (Regulation 5.1.3) Interim Maritime Labour Certificate (Regulation 5.1.3) Declaration of Maritime Labour Compliance (DMLC) (Regulation 5.1.3) Flag State inspection and certification The MLC flag State inspection system Key features Compliance with national regulations, collective bargaining agreements, etc. 5 The DMLC Part I (completed by the competent authority) Part II (completed by the ship-owner) Flag State inspection and certification The MLC flag State inspection system Key features 6 The DMLC Part II newly built ships ships already in operation

14 7 Flag State inspection and certification Nature of the MLC 2006 inspection Technique Preparation Flag State inspection and certification Application to all ships Ships not subject to certification 8 Requests for certification Reports of inspection Flag State inspection and certification First inspection Construction plans 9 DMLC

15 10 Flag State inspection and certification Intermediate inspection between the 2nd and 3rd anniversaries Renewal Inspection Should be within 3 months of the expiry of the old certificate Change of flag or ownership Flag State inspection and certification Phasing-in of certification on entry into force of the Convention Year 1: bulk carriers and passenger ships 11 Year 2: all other ships requiring a certificate? Flag State inspection and certification Inspecting the MLC, 2006 maritime labour requirements General 12 Areas of inspection Mandatory areas for certification Chapter 3 of the inspection guidelines Reminder lists

16 13 Flag State inspection and certification Action to be taken if deficiencies are identified Chapter 4 of the Flag State Guidelines Does the deficiency seriously affect the safety of the ship? Is it a significant danger to the safety, health or security of any seafarer? Is it a serious breach of requirements (including seafarer rights)? Flag State inspection and certification Action to be taken if deficiencies are identified Chapter 4 of the Flag State Guidelines 14 Rectification plan Report of inspection Authority, reasonableness, confidentiality MLC Any question?

17 Thank You for listening!!! 16

18 Module D: Title 1 Minimum Requirements for Seafarers to Work on a Ship QUIZZES TRUE/FALSE 1 Under the MLC, 2006, the employment, engagement or work on board a ship of any person under the age of 16 as well as night work of seafarers under the age of 18, shall be prohibited. TRUE FALSE 2 While you were inspecting a ship you discovered that one of the seafarers under the age of 18 was performing night watchkeeping. The Officer of the Watch explained that the seafarer was on a recognized training programme. This situation may be permitted on an exceptional basis under the MLC, 2006 TRUE FALSE 3 Under the MLC, 2006 seafarers without a valid medical certificate are still allowed to work on a ship so long as they are medically fit. TRUE FALSE 4 A medical certificate issued meeting the substance of the requirements of STCW is acceptable under the MLC, 2006 even for seafarers who are not covered by the STCW. TRUE FALSE 5 While you were inspecting seafarers' medical certificates, you found that one of the medical certificates was to expire in 4 years Under the MLC, 2006 this would be acceptable. TRUE FALSE 6 Although there are various formats for medical certificates, depending on the nationalities of the seafarers, a medical certificate must state that the medical conditions of the seafarer concerned such as hearing and sight, and, where relevant, colour vision are satisfactory and that he/she is not suffering from any medical condition that is likely to be made worse by service at sea or to render the seafarer unfit for such service or endanger the heath of others on board. TRUE FALSE Maritime Labour Inspection Training Package

19 7 During an examination of seafarers' medical certificates you discover that that a certificate for a seafarer who is under the age of 18 was issued 16 months earlier. You were told by the officer on board that this certificate is still valid. Is the officer's statement true or false? TRUE FALSE 8 One of your flag ships has just returned from a voyage of 1 month and you went on board to conduct a flag State inspection. You discovered that the medical certificate of one of the seafarers expired while the ship was at sea. This is acceptable under the MLC, TRUE FALSE 9 While you were inspecting a ship engaged in international voyages, you discover that one of the medical certificates is not in English but it is in the working language of the seafarer concerned. Under the MLC, 2006, so long as the seafarer understands the document then it is acceptable. TRUE FALSE 10 A seafarer has not completed a personal safety course. The officer in charge tells you that this is a mandatory IMO requirement but it is not a concern under the MLC, The officer's information is correct. TRUE FALSE 11 If a shipowner uses a private recruitment and placement service that is based in the flag State then the MLC, 2006 requirements regarding licensing or certification or other form of regulation do not apply. TRUE FALSE 12 Shipowners using seafarer recruitment and placement services that are based in countries in which the MLC 2006 does not apply do not need to conform to the requirements under Regulation 1.4 TRUE FALSE 13 Inspectors need not be concerned if a recruitment and placement service that is operating in another country charges seafarers a fee limited to the cost of providing the service. TRUE FALSE Maritime Labour Inspection Training Package

20 1 Title 1 Minimum requirements for seafarers to work on a ship Minimum requirements for seafarers to work on a ship Minimum age Medical certificate Training and qualifications Recruitment and placement 2 What should be checked? What are the ship-owners measures for ongoing compliance? Minimum requirements for seafarers to work on a ship MINIMUM AGE Regulation Standard A1.1 Guideline B1.1 Purpose: to ensure that no under-age persons work on a ship

21 4 Minimum requirements for seafarers to work on a ship MLC Minimum age 16 unless a higher age is prescribed in the Code 18 for night work for work jeopardizing health or safety Minimum requirements for seafarers to work on a ship MLC Minimum age Night work: 5 exceptions to strict compliance can be made by the competent authority when the night work is: essential for effective training, or required by specific duties or training programme and harmless to health/welfare of seafarers Minimum requirements for seafarers to work on a ship MLC Minimum age A fundamental right Action in the case of non-compliance 6

22 7 Minimum requirements for seafarers to work on a ship MEDICAL CERTIFICATE Regulation 1.2 Standard A1.2 Guideline B1.2 Purpose: to ensure that all seafarers are medically fit to perform their duties at sea Minimum requirements for seafarers to work on a ship MLC Medical certificate Before working on a ship, each seafarer must have: 8 a valid medical certificate issued by a duly qualified medical practitioner (DQMP) attesting that the seafarer is medically fit to perform his/her duties STCW certificate must be accepted Minimum requirements for seafarers to work on a ship MLC Medical certificate Before working on a ship, each seafarer must have: a valid medical certificate (two years one year if under 18) attesting that the seafarer is medically fit to perform his/her duties Hearing Sight Colour vision (six years) No medical condition adverse to the seafarer concerned or to others on board Certificate in English if ship ordinarily engaged in international voyages 9

23 10 Minimum requirements for seafarers to work on a ship MLC Medical certificate Valid but expired medical certificates may be used until next port of call where certificate can be obtained from a DQMP: If authorized by the competent authority in urgent cases where expiration recent maximum three months Where a certificate expires in course of voyage maximum three months Minimum requirements for seafarers to work on a ship MLC Medical certificate Seafarer s individual rights 11 to privacy a further examination, by another independent medical practitioner, or an independent medical referee where a certificate is refused or a limitation is imposed Minimum requirements for seafarers to work on a ship TRAINING AND QUALIFICATIONS Regulation Purpose: to ensure that seafarers are trained or qualified to carry out their duties on board ship

24 13 Minimum requirements for seafarers to work on a ship TRAINING AND QUALIFICATIONS Seafarers must: be trained or certified or otherwise qualified to perform their duties have successfully completed training for personal safety on board ship Minimum requirements for seafarers to work on a ship RECRUITMENT AND PLACEMENT Regulation 1.4 Standard A1.4 Guideline B Purpose: to ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system Minimum requirements for seafarers to work on a ship RECRUITMENT AND PLACEMENT Public services must operate in an orderly manner that protects and promotes seafarers employment rights. 15 Private services must operate in an accordance with a standardized system of licensing, certification, etc. All services are subject to close supervision and control

25 16 Minimum requirements for seafarers to work on a ship RECRUITMENT AND PLACEMENT Private services qualified seafarers must not be prevented or deterred from gaining employment no fees or other charges must be borne by seafarers the country must ensure that private services maintain an up-to-date register make sure seafarers know their agreed rights and duties verify that seafarers hold the necessary qualifications for the job and have employment agreements that are in accordance with the national requirements and any collective bargaining agreement that applies make sure, as far as practicable, that the ship-owner has the means to protect seafarers from being stranded in a foreign port examine and respond to any complaint about their services establish a system of protection (insurance or other equivalent measure) to compensate seafarers for monetary loss resulting from the failure of the service, or the ship-owner under the employment agreement, to meet their obligations. Minimum requirements for seafarers to work on a ship RECRUITMENT AND PLACEMENT Checking for compliance by ship-owners Direct engagement by the ship-owner 2. Recruitment through a public service (in an MLC country) 3. Recruitment through a private service 1. in the inspectors country 2. in another MLC country 4. Recruitment through a service not based in an MLC country MLC Minimum requirements for seafarers to work on a ship Checking for compliance 18 What should be checked? What are the shipowners measures for ongoing compliance?

26 19 Minimum requirements for seafarers to work on a ship Action to take when deficiencies are identified Key questions 1. Does the deficiency seriously affect the safety of the ship? 2. Is it a significant danger to the safety, health or security of any seafarer? 3. Is it a serious breach of requirements (including seafarer rights)? If yes to any of these - consider detaining the ship Minimum requirements for seafarers to work on a ship Action to take when deficiencies are identified Specific questions might the deficiency justify detention (and/or certificate withdrawal)? how many, if any, repetitions could be tolerated? 20 could it be addressed over a stated period of time (a plan/proposal to rectify) and, if so, how would you plan to follow up to make sure it is rectified? are special measures needed to prevent repetition? are sanctions called for? special considerations? MLC Any question?

27 Thank You for listening!!! 22

28 Module E: Title 2 Conditions of Employment QUIZZES TRUE/FALSE 1 Seafarers need to be given an opportunity to examine and seek advice on their seafarers' employment agreement before signing. TRUE FALSE 2 During an inspection you find that a copy of a seafarer's employment agreement is not on board. You are told that the agreement is on file at the shipowner's office. This is acceptable. TRUE FALSE 3 During an examination of a seafarers' employment agreement, you discover that it says nothing about the repatriation of the seafarer. The ship's master says that the national laws and regulations do not require inclusion of this particular component. This is correct, TRUE FALSE 4 While you were inspecting a ship engaged in international voyages, you discovered that the copy of a standard form of the SEA was not also in English. As long as the SEA is in the language of the seafarers on board this is not important. TRUE FALSE 5 During a private interview with a seafarer, you are told that under normal circumstances, her or his payment due is paid within a month, but sometimes payment arrives a week or two late. A review of the payroll records confirmed this finding. This is an acceptable accounting-related variation under the MLC, TRUE FALSE 6 You are told that monthly wage slips are provided to seafarers. A close look at the copies of the individual accounts reveals that one of the copies contains a statement of the basic wages but the amount is less than the payment entitlements stated in the SEA. The specific amounts paid are a concern for ITF inspectors but it is not a question for an MLC, 2006 inspection, so long as wages are paid. TRUE FALSE Maritime Labour Inspection Training Package

29 7 The currency exchange rate applied to allotments requested by seafarers seems unreasonable. This is a matter for the banks and is not covered by the MLC, TRUE FALSE 8 While you were checking hours of work for seafarers on a ship, you found that the notice of shipboard work arrangements contained only the schedule of service at sea and service in port. This information is not enough under the MLC, TRUE FALSE 9 During an inspection, you discover that the records shown to you are only endorsed by the master. This is all that is required by the MLC, TRUE FALSE 10 While you are checking the records of work, you discover that a few seafarers exceed the maximum hours of work specified in MLC, A check with the master revealed that the schedule was suspended to allow the ship to assist persons in distress at sea. Suspension of the schedule is not allowed even in this situation. TRUE FALSE 11 A check of the Seafarers' employment agreement revealed that Seafarer SLIP is given 2 calendar days of leave entitlement per month of employment. This is below the minimum allowed by the MLC, TRUE FALSE 12 A seafarer has agreed to forgo the minimum annual leave with pay in exchange for a larger sleeping room. The seafarer is very happy with the exchange. As long as it is fair in the circumstances, this situation is permitted by the MLC, TRUE FALSE 13 You were told that the shipowner/ship manager intends to provide financial security to ensure that seafarers are duly repatriated in accordance with MLC, They have not yet done so but seafarers have, in fact, been repatriated as required. As long as seafarers are repatriated then the question of security is not important. TRUE FALSE Maritime Labour Inspection Training Package

30 14 While going through a few copies of the seafarers' employment agreements provided by the ship, you discover that although a general right to repatriation is stated, there is no information as to the circumstances in which the seafarers are entitled to repatriation. Under MLC, 2006, it is sufficient to recognize the entitlement without explaining the details. TRUE FALSE 15 During an inspection, you have asked a few of the seafarers to show you their copies of the applicable national provisions regarding repatriation and all of them were able to do so. You asked one of them about the content of their coverage. The seafarer, who is not a national of the flag State claimed to be unable to understand it as the copy is written in English, which is not the seafarer's language. Under the MLC, 2006, this is not acceptable. TRUE FALSE 16 While you were checking the safe manning of a ship, you have asked for a copy of the Safe Manning Document (SMD) or an equivalent issued by the competent authority. The master of the ship replied to you that the ship does have a copy but the document is kept in the ship's office ashore. Under the MLC, 2006, there is no need to produce the SMD for inspection. TRUE FALSE 17 During the detailed examination of a copy of the Safe Manning Document against the number and/or qualification of seafarers, you discovered that there was a mismatch. Under the MLC, 2006 this is not acceptable. TRUE FALSE Maritime Labour Inspection Training Package

31 1 Title 2 Seafarers Employment Agrement and Wages Seafarers Employment Agreement (SEA) Regulation 2.1 Standard A2.1 Guideline B2.1 2 Purpose: to ensure that seafarers have a fair employment agreement Seafarers Employment Agreement (SEA) Requirements: seafarers [ ] shall have a seafarers employment agreement [ ] providing them with decent working and living conditions on board the ship as required by this Convention. 3

32 4 Seafarers Employment Agreement (SEA) Requirements: All seafarers must have a signed SEA Seafarers Employment Agreement (SEA) Requirements: 5 All seafarers must have a signed SEA SEA may take a number of forms: including incorporation in a collective bargaining agreement (CBA) Seafarers Employment Agreement (SEA) Requirements: All seafarers must have a signed SEA SEA may take a number of forms SEA must contain specified particulars 6

33 7 Seafarers Employment Agreement (SEA) Requirements: All seafarers must have a signed SEA SEA may take a number of forms SEA must contain specified particulars Terms of SEA must be clear Seafarers Employment Agreement (SEA) Requirements: 8 All seafarers must have a signed SEA SEA may take a number of forms SEA must contain specified particulars Terms must be clear SEA must have been freely accepted with sufficient understanding Seafarers Employment Agreement (SEA) Seafarers employment agreements 1. Requirements for SEAs, and Records of employment 9

34 10 Seafarers Employment Agreement (SEA) Seafarers employment agreements 1. Requirements for SEAs, and Records of employment 2. Use of the information contained in the SEAs Seafarers Employment Agreement (SEA) Useful to refer to SEAs when inspecting: (a) (d) (e) (f) (h) (i) minimum age manning levels; hours of work or rest and medical certificate wages paid annual leave ship-owner liability for health and medical care and social security protection benefits repatriation entitlements 11 Seafarers Employment Agreement (SEA) Checking for compliance with Regulation All ships Certified ships

35 13 Wages Regulation 2.2 Standard A2.2 Guideline B2.2 Purpose: to ensure that seafarers are paid for their services Wages Regulation 2.2 Standard A2.2 Guideline B All seafarers must be paid for their work: at no greater than monthly intervals, and in full receive monthly accounts be able to transmit earnings to their families, dependants or legal beneficiaries Wages Calculation and payment Minimum wage 15

36 16 Wages Checking for compliance MLC Any question? Thank You for listening!!! 18

37 Module G: Title 4 Health Protection, Medical Care, Welfare and Social Security Protection SEA SAMPLE ONLY Contract for the provision of services as ship s cook The contract set out below has today been concluded in Pluriporto between: HOTEL SEA SERVICES CO. LTD., whose registered office is at Adriatic Ave., Pluriporto, Plurilandia and TANJA ROSA SPOILMEAL, resident at 24A Outskirt Rd., Lointain, Plurilandia, hereinafter called the Seafarer The undersigned parties have agreed as follows: 1. During the period of this Contract the Seafarer will perform the services of ship s cook on ships owned by Level Sea Company, 12 Diamond Offices, Shipshape, Airebil, hereinafter called the Shipowner. 2. The Seafarer will be assigned by the Shipowner from to time to time to the ships on which she is to work and will work under the orders of the master of the ship and any persons designated by the master. 3. The Seafarer will have the grade of Junior Officer and will be paid, at monthly intervals, the wages and overtime attached to that grade. 4. The normal hours of work will be from 8 a.m. to 12 noon and 4 p.m to 8 p.m. from Monday to Saturday. The Seafarer will in addition perform overtime work as necessary. 5. The Seafarer will be entitled, pro rata, to annual leave of 30 calendar days per year. 6. This Contract is concluded for such time as the Seafarer s services are needed by the Shipowner. It may however be terminated: (a) by the Shipowner, without notice, in the case of serious and wilful misconduct on the part of the Seafarer or on the discovery of any false statement made by the Seafarer to obtain the present assignment; (b) by the Shipowner, on written notice of at least two weeks, when the Seafarer s services are no longer needed by the Shipowner; (c) by the Seafarer, without notice, in the case of non-payment of wages or any other serious breach by the Shipowner of the present Contract; (d) by the Seafarer, on written notice of at least one week, if the Seafarer, through no fault of her own, is no longer able to carry out her duties as ship s cook or cannot be expected in the circumstances to carry out her duties; (e) by the Seafarer on written notice of at least three weeks without having to give any reason. 7. The Shipowner will pay all travel expenses from the Seafarer s place of residence set out above, including board and lodging where applicable, to enable the Shipowner to join ship, as well as the expenses of repatriation to her place of residence upon the expiry of this contract or upon its termination in accordance with clause 6(b)(c) or (d) above. Maritime Labour Inspection Training Package

38 8. In the event of pregnancy the Seafarer will immediately notify the Master and will be repatriated no later than the 26 th week of pregnancy with 100 days pay for basic wages. 9. In the case of illness or injury on board, the Seafarer will promptly receive: (a) advice and treatment by the ship s doctor and nurses; (b) the necessary medicines and first-aid material in so far as available on board; (c) any necessary hospital care. 10. Where an illness or injury requires medical care (including dental care), equipment or facilities that are not available on board, the Seafarer may visit a doctor or dentist in a port of call as soon as practicable. 11. The medical treatment referred to in paragraph 1 above will be provided to the Seafarer at the most favourable rates. 12. The Seafarer is entitled to sick leave of 2.5 calendar days per month of service. During sick leave, the Seafarer will continue to receive full wages (without bonuses). 13. If an injury or illness is incurred in the service of the ship and was not due to any wilful misconduct on the part of the Seafarer, the Seafarer is entitled to: (a) provision of medical care including hospitalization abroad at the Shipowner s expense (b) if repatriated due to lack of fitness for work as result of illness or injury of the cost (other than illness or medications covered by the Seafarer s mandatory personal insurance) of medical care for a maximum period of 128 days (c) payment of basic wages during this period of illness or disability up to a maximum of 128 days. 14. In the event of death the Shipowner will ensure a full and adequate burial at sea and facilitate the return of the Seafarer s personal possessions to the designated family member as soon as possible after the death. The cost of the return of possessions and for the burial are to be reasonable and will be deducted from any amounts owing to the seafarer at the time of death. 15. The Shipowner has concluded agreements for appropriate insurance to cover medical and other liabilities under this agreement. Signed this day, 6 th February 2010, by: for Hotel Sea Services Co. Ltd Howard N. Makebelief Deputy Manager The Seafarer Tanja Rosa Spoilmeal Maritime Labour Inspection Training Package

39 0 MLC 2006 TITLE 2: Conditions of Employment MODULE E HOURS OF WORK AND HOURS OF REST TITLE 2: Conditions of Employment 1.Seafarers employment agreements 2.Wages 3.Hours of work and hours of rest 4.Entitlement to leave 5.Repatriation 6.Seafarer compensation for the ship s loss or foundering 7.Manning levels 8.Career and skill development and opportunities for seafarers employment 1 TITLE 2: Conditions of Employment MLC 2006: HOURS OF WORK AND HOURS OF REST Regulation Standard A2.3 Guideline B2.3 2 Purpose: to ensure that seafarers have regulated hours of work or hours of rest. IMO/ILO Guidelines on Seafarers Hours of Work and Rest

40 3 MLC 2006: Hours of work or hours of rest Minimum hours of rest must not be less than: 10 hours in any 24 hour period, 77 hours in 7-day period Hours of rest may be divided into no more than two periods: one of the periods must be at least six hours in length, interval max 14 hours Normal working hours standard based on: 8 hour day, 1 day rest per week, rest on public holidays MLC 2006: Hours of work or hours of rest Musters, fire-fighting and lifeboat drills and other prescribed drills must be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. Seafarers on call, such as when a machinery space is unattended, must have adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work. 4 MLC 2006: Hours of work or hours of rest A table with the shipboard working arrangements must: be posted in an easily accessible place contain for every position at least: the schedule of service at sea and service in port; and the minimum hours of rest or maximum hours of work required by national laws or regulations or applicable collective agreements be in a standardized format in the ship s working language(s) and English. 5

41 6 MLC 2006: Hours of work or hours of rest Suspension in emergencies of the schedule of hours of rest or of work Adequate period of rest for seafarers affected MLC 2006: Hours of work or hours of rest Emergencies: Situations affecting ship s and crew safety and or the environment s protection, examples: - Collision - Grounding - Stranding - Fire - Explosion - Mechanical failure - Sickness - Pollution prevention or incident - etc 7 MLC 2006: Hours of work and hours of rest Recognition of Fatigue It is accepted, that during inspections the inspecting Officer might come across a complete lack of records or falsified records. In such cases, it may be useful for him/her to have an understanding of fatigue and to identify it. 8 - In this regard, attention is drawn to IMO s MSC Circular MSC/Circ of 12 June 2001, entitled Guidance on Fatigue Mitigation and Management. - ITF Guidelines on Fighting Fatigue 28 July 2006.

42 9 MLC Hours of work or hours of rest Records of daily hours of rest or of work must be: maintained for seafarers in a standardized format in the ship s working language(s) and English endorsed by the Master or authorized person and by the seafarer concerned The seafarers must receive a copy of the records pertaining to them. MLC 2006: Hours of work or hours of rest Special provisions for young seafarers under the age of 18: : working hours not to exceed 8 hours a day and 40 hours a week overtime worked only where unavoidable for safety reasons; sufficient time allowed for meals, and one hour break (at least) for main meal of the day. a 15-minute rest period as soon as possible following each two hours of continuous work. 10 MLC 2006: Hours of work or hours of rest Checking for compliance 11

43 12 MLC 2006: Hours of Work and Rest Inspection tips - Tables in working language and English - Check records of hours of work or rest - Check possible infringement - Tables signed by master and Seafarer - Copy to Seafarer - Endorsement by Flag State (do not expect to be up to date) MLC 2006: Hours of Work and Rest Possible deficiencies: - Records of hours of work or rest have been maintained but are missing some of the required information. - Copies of relevant laws, regulations or collective agreements concerning maximum hours of work/minimum rest not kept on board and/or not easily accessible to the crew. - Seafarer on board under the age of 18 regularly working at night (but not as part of an established training programme). - Shipboard working arrangements for all seafarers has not been posted. - The table of shipboard working arrangements has been posted but is missing some of the required information. - Shipboard working arrangements are not easily accessible to the crew. - Records of hours of work or rest have not been maintained for all seafarers. - Seafarers are found to have been working excessive hours or have not received sufficient rest. - Seafarer on board under the age of Table of shipboard working arrangements and/or forms for recording of working hours or rest periods are not available in both the working language or languages of the ship and in English. - Evidence of exceeding the limits of work and no record of suspension of the schedule, in accordance with Standard A2.3, paragraph 14, has been noted in a logbook or other document. 13 MLC 2006: Hours of work and rest Grounds which may warrant detention: Inability to provide persons who are sufficiently rested and otherwise fit for duty for the first watch at the commencement of a voyage and for the subsequent relieving watches (STCW). Essential personnel as master and chief engineer showing signs of excessive fatigue. And in the judgement of PSCO regarding the next voyage the situation of excessive fatigue may occur immediate danger for the safety of the ship, the crew and/ or the environment (This deficiency should not be a stand-alone deficiency but should be supported by objective evidence). 14 Records of hours of work or rest have been falsified to hide excessive working hours or insufficient rest.

44 1 Title 2 Entitlement to leave, repatriation and manning levels Entitlement to leave, repatriation, manning levels ENTITLEMENT TO LEAVE Regulation 2.4 Standard A2.4 Guideline B2.4 2 Purpose: to ensure that seafarers have adequate leave Entitlement to leave, repatriation, manning levels Entitlement to leave Seafarers must be: 3 given paid annual leave, and granted shore leave. Agreements to forgo minimum annual leave are prohibited (except in cases provided for by the competent authority)

45 4 Entitlement to leave, repatriation, manning levels Entitlement to leave Calculation of the entitlement Counted as part of the period of service: service off-articles; justified absences from work at an approved maritime vocational training course; illness or injury; or maternity public holidays shore leave compensatory leave Paid leave at the seafarer s normal remuneration level Entitlement to leave, repatriation, manning levels Entitlement to leave Taking of annual leave time of annual leave 5 place of annual leave free transportation where seafarer required to take leave in a specified place recall from annual leave granted shore leave. Entitlement to leave, repatriation, manning levels REPATRIATION Regulation 2.5 Standard A2.5 Guideline B2.5 6 Purpose: to ensure that seafarers are able to return home

46 7 Entitlement to leave, repatriation, manning levels REPATRIATION 1. Seafarers have a right to be: repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code 2. Ship-owner must provide financial security 3. No advance payment by seafarer or (except in one case) recovery of payment from seafarer 4. Seafarers to have copy of national provisions Entitlement to leave, repatriation, manning levels REPATRIATION Repatriation is required where, after a specified period of service: 8 1. The SEA expires when the seafarer is abroad 2. The SEA is terminated by the ship-owner or by the seafarer in justified circumstances 3. Seafarer can no longer carry out duties, or be expected to do so in the circumstances Entitlement to leave, repatriation, manning levels REPATRIATION Precise entitlements to be accorded by shipowners Cost of transport normally by air to: the place of the seafarers engagement the place stipulated by collective agreement the seafarer s country of residence a place agreed at the time of engagement at the choice of the seafarer Accommodation and food until destination Pay and allowances until destination Transportation of 30kg personal luggage Necessary medical treatment Time needed for repatriation not to be deducted from accrued leave 9

47 10 Entitlement to leave, repatriation, manning levels MANNING LEVELS Regulation 2.7 Standard A2.7 Guideline B2.7 Purpose: to ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship Entitlement to leave, repatriation, manning levels MANNING LEVELS There must be a sufficient number of seafarers employed on board to ensure that ships are operated: safely, efficiently and with due regard to security under all conditions 11 in accordance with: the minimum safe manning certificate or an equivalent document, and the standards of this Convention (including food and catering) and taking account of : seafarer fatigue and the particular nature and conditions of the voyage Entitlement to leave, repatriation, manning levels Checking for compliance 12

48 13 Entitlement to leave, repatriation, manning levels Action to take when deficiencies are identified Key questions: Does the deficiency seriously affect the safety of the ship? Is it a significant danger to the safety, health or security of any seafarer? Is it a serious breach of requirements (including seafarer rights)? If yes to any of these - consider detaining the ship Entitlement to leave, repatriation, manning levels Action to take when deficiencies are identified Specific questions might the deficiency justify detention (and/or certificate withdrawal)? how many, if any, repetitions could be tolerated? 14 could it be addressed over a stated period of time (a plan/proposal to rectify) and, if so, how would you plan to follow up to make sure it is rectified? are special measures needed to prevent repetition? are sanctions called for? special considerations? MLC Any question?

49 Thank You for listening!!! 16

50 PRACTICAL ACTIVITY Prepare model of national requirements related to entitlement to leave and repatriation DISCUSS (40 minutes) WITHIN YOUR GROUP AND PREPARE MODEL OF NATIONAL REQUIREMENTS RELATED TO THE: 1. Regulation 2.4 Entitlement to leave Standards A2.4 Entitlement to leave Guidelines B2.4 Entitlement to leave 2. Regulation 2.5 Repatriatrion Standards A2.5 Repatriatrion Guidelines B2.5 Repatriatrion APPOINT A SPEAKER PRESENTING YOUR MODEL AND DISCUSS WITH THE OTHER GROUPS

51 1 Title 3 Accommodation, recreational facilities, food and catering 3.1 Accommodation and recreational facilities Food and catering Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Regulation 3.1 Standard A3.1 Guideline B3.1 3 Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board Requirements relating to construction or equipment only apply to ships built on or after the entry into force of the convention

52 4 Accommodation, recreational facilities, food and catering Basic requirements - Accommodation and recreational facilities general requirements (Standard A3.1, para. 6) the size of rooms & other accommodation spaces (Standard A3.1, paras 9, 10) heating and ventilation (Standard A3.1 para. 7) noise and vibration & other ambient factors (Standard A3.1, para. 6(h)) sanitary & related facilities (Standard A3.1, paras 11, 13) lighting (Standard A3.1, para. 8) KEY AREAS set out by the para 4 hospital accommodation (Standard A3.1, para. 12) of Standards A3.1 recreational facilities (Standard A3.1, paras 14, 17) occupational safety & health and accident prevention (Standard A3.1, paras 2(a), 6(h)) Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Basic requirements 5 Flexibility Variations & exemptions 1. Special Purpose and passenger Ships and ships less than 3000 GT 2. Differing and distinctive religious and social practices 3. Ships of less than 200 GT Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Design and construction 6 General requirements Minimum of 203 cm 1. Headroom 2. Insulation 3. Position of sleeping rooms 4. Lighting & drainage 5. Health, safety, accident prevention Living quarters and some working areas Above the load line and aft of the collision bulkhead Applied to accommodation, recreational and catering facilities

53 7 Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Design and construction Detailed guidance in Part B of the Code Bulkheads 2. Protection from heating systems 3. Accommodation spaces should be insulated 4. Non-slip decks 5. Avoid dirt traps Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Ventilation Basic requirements 8 Sleeping rooms and mess rooms to be adequately ventilated Air conditioning except in temperate zones Open-air ventilation for sanitary spaces Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Ventilation Detailed guidance in Part B of the Code Should supply fresh air in all conditions 2. Shouldn t be too noisy 3. Must be able to clean the system 4. Must be constantly powered, but need not be on the emergency system

54 Accommodation, recreational facilities, food and catering Heating Basic requirement Adequate heating except in tropical climates 10 Accommodation, recreational facilities, food and catering Heating Detailed guidance in Part B of the Code In operation at all times 2. Using an appropriate means 3. Maintaining satisfactory temperature 4. Avoiding risks or discomfort Accommodation, recreational facilities, food and catering Lighting Basic requirement 12 Natural light and adequate artificial light for sleeping rooms and mess rooms (special arrangements may have been permitted for passenger ships)

55 13 Accommodation, recreational facilities, food and catering Lighting Detailed guidance in Part B of the Code Electric lighting 2. Berth lights 3. Natural light Accommodation, recreational facilities, food and catering Sleeping rooms Possible exemptions for ships below 3000 GT Standard A3.1 para 9 Basic requirements 1. Principle of one room per seafarer 2. Separate rooms for men and women 3. Separate berth in all circumstances 14 Minimum inside dimensions of berths 4. Minimum floor areas 5. Additional space for certain officers 6. Minimum furnishing to be provided Accommodation, recreational facilities, food and catering Table of floor areas for sleeping rooms Criteria (in GT) Single berth sleeping Double berth sleeping rooms rooms in cargo ships Ratings sleeping rooms in passenger ships Officers sleeping rooms in passenger ships (no day room) Officers sleeping rooms in cargo ships (no day room) Special purpose ships <3000 tons 4.5 m 2 15 <3000 tons 7 m m2 /person 3000 tons tons 5.5 m m2 /person tons 7 m 2 10 m2 /person 2 ratings 7.5 m2 7.5 m2 3 ratings 11.5 m m2 4 ratings 14.5 m m2 >4 persons 3.6 m 2 /person Junior Officers (no day room) 7.5 m 2 /person 7.5 m 2 /person Senior Officers (no day room) 8.5 m 2 /person 8.5 m 2 /person

56 16 Accommodation, recreational facilities, food and catering Sleeping rooms Detailed guidance in Part B of the Code Toilet facilities, where reasonable/practicable 2. Partners to be taken into account 3. Watch-keepers separate from others 4. Petty Officers, maximum 2 per room 5. Second Engineers, additional space if possible 6. Requirements for berths 7. Other fittings 8. Measuring floor space Accommodation, recreational facilities, food and catering Mess rooms Basic requirements Location: apart from sleeping rooms; close to galleys 2. Adequate size & comfort; properly furnished and equipped Possible exemptions for ships below 3000 GT Standard A3.1 para 10 Accommodation, recreational facilities, food and catering Mess rooms Detailed guidance Part B of the Code Common or separate? 2. Size: 1.5m 2 per person 3. Sufficient equipment and facilities

57 19 Accommodation, recreational facilities, food and catering Sanitary facilities Basic requirements 1. Access, hygiene, comfort; separate for men & women 2. Laundry facilities Possible exemptions for ships below 200 GT Standard A3.1 para 20(a) and 21 Accommodation, recreational facilities, food and catering Sanitary facilities Basic requirements and detailed guidance Facilities of adequate quality 2. Convenient location 3. Number: minimum 1 per 6 persons 4. Laundry facilities to be provided Accommodation, recreational facilities, food and catering Hospital accommodation Basic requirements 21 Separate accommodation for ships with 15+ seafarers on voyages lasting 3+ days (rule can be relaxed by competent authority for ships in coastal trade) To be used only for medical purposes Easy to access, comfortable housing, conducive to prompt & proper attention

58 22 Accommodation, recreational facilities, food and catering Hospital accommodation Detailed guidance Part B of the Code Functional design 2. Number of berths prescribed by authority 3. Exclusive sanitary accommodation Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Other facilities to be provided 23 Basic requirements and detailed guidance 1. Open air on deck 2. Offices 3. Protection from mosquitoes 4. Other amenities Accommodation, recreational facilities, food and catering Accommodation and recreational facilities Recreational facilities, mail and ship visit arrangements 24 Basic requirements Appropriate facilities, amenities and services, as adapted to meet the special needs of all seafarers who must live and work on ships Recommendations on what would constitute Detailed guidance appropriate facilities, amenites and services is given in guideline B Examples of appropriate facilities 2. Minimum that must be provided Reading, writing and playing games 3. Facilitation of mail 4. Seafarers partners & other visitors onboard ship

59 Accommodation, recreational facilities, food and catering Prevention of noise and vibration Basic requirements and detailed guidance 25 One the area highlighted for particular attention in the paragraph 4 of Standard A3.1 ILO Code of practice Ambient factors in the workplace, 2001 Accommodation, recreational facilities, food and catering Food and catering Regulation 3.2 Standard A3.2 Guideline B3.2 Purpose: 26 To ensure that seafarers have access to good quality food and drinking water provided under regulated hygienic conditions Accommodation, recreational facilities, food and catering Food and catering Basic requirements 27 Food & drinking water supplies: suitable quantity, nutritional value, quality & variety having regard to the number of seafarers, their religions or cultures, & duration & nature of voyage The actual presence of supplies Adequate planning of supplies Ensuring supplies planned are of suitable quantity and quality