CODE OF CONDUCT
Conduct in Emergencies
PARA 5 : In any emergency or other situation in
which the safety of the ship or of ...
PARA 11. Breaches of the Code, if proved to the
reasonable satisfaction of the Master, Officer or
Petty Officer to have be...
(b)

(c)

(d)

(e)

(f)

(g)

(h)

including in the statement under a) the
ground or grounds given in it
The seafarer must...
EXEMPTION FROM REQUIREMENT TO
HAVE A CREW AGREEMENT
The Secretary of State may grant exemptions
from the requirement to ha...
opened, a copy must be submitted to the
appropriate superintendent or proper officer on
opening. Thereafter, the employer ...
recreational facilities for seafarers
working or living on board, or both,
consistent
with
promoting
the
seafarers’ health...
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Code of conduct alc & mlc

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Code of conduct alc & mlc

  1. 1. CODE OF CONDUCT Conduct in Emergencies PARA 5 : In any emergency or other situation in which the safety of the ship or of any person on board her, whether crew or passengers, is at stake the Master, Officers and Petty Officers are entitled to look for immediate and unquestioning obedience of orders. There can be no exception to this rule. Failure to comply will be treated as among the most serious of breaches of this Code and will be liable to lead the offender’s dismissal from the ship (at the first opportunity) and his Company. It may also warrant prosecution under the provisions of the Merchant Shipping Acts. PARA 9. The following acts of misconduct, if proved to the reasonable satisfaction of the Master to have been committed, are those for which dismissal from the ship either immediately or at the end of the voyage will, according to the circumstances of the case, be considered appropriate apart from any legal action which may be called for: i) assault; ii) willful damage to ship or any property on board; iii) theft or possession of stolen property; iv) possession of offensive weapons; v) persistent or wilful failure to perform duty; vi) unlawful possession or distribution of drugs; vii) conduct endangering the ship or persons on board; viii) combination with others at sea to impede the progress of the voyage or navigation of the ship; ix) disobedience of orders relating to safety of the ship or any person on board; x) to be asleep on duty or fail to remain on duty, if such conduct would prejudice the safety of the ship or any person on board; xi) incapacity through the influence of drink or drugs to carry out duty to the prejudice of the safety of the ship or of any person on board; xii) to smoke, use a naked light or an unapproved electric torch in any part of a ship carrying dangerous cargo or stores where smoking or the use of naked lights or unapproved torches is prohibited; xiii) intimidation, coercion and/or interference with the work of other employees; xiv) behaviour which seriously detracts from the safe and/or efficient working of the ship; xv) conduct of a sexual nature, or other conduct based on sex affecting the dignity of women and men at work which is unwanted, unreasonable and offensive to the recipient; xvi) behaviour which seriously detracts from the social well-being of any other person on board; xvii) causing or permitting unauthorised persons to be on board the ship whilst it is at sea; xviii) repeated commission of breaches of a lesser degree listed in Paragraph 11 after warnings have been given in accordance with the procedures in Paragraph 10. PARA 10. Breaches of a lesser degree of seriousness may be dealt with by: a) informal warning administered at an appropriate level lower than that of the Master; b) formal warning by the Head of Department which will be suitably recorded; c) formal warnings by the Master recorded in the ship’s official logbook; d) written reprimands administered by the Master and recorded in the ship’s official logbook. When a formal warning is given the seafarer should be advised of the likely consequences of further breaches of the Code.
  2. 2. PARA 11. Breaches of the Code, if proved to the reasonable satisfaction of the Master, Officer or Petty Officer to have been committed, for which the procedure in Paragraph 10 is considered appropriate, are: a) offences of the kind described at Paragraph 9, which are not considered to justify dismissal in the particular circumstances of the case; b) minor acts of negligence, neglect of duty, disobedience and assault; c) unsatisfactory work performance; d) poor time keeping; e) stopping work before the authorised time; f) failure to report to work without satisfactory reason; g) absence from place of duty or from the ship without leave; h) offensive or disorderly behaviour. NOTE: Whilst Paragraph 11 has been made as comprehensive as possible, it is recognised that some companies may wish to propose additions related to their particular trading patterns.Proposals for such additions should be submitted, after agreement with the organisations representing the seafarers concerned, to the Maritime and Coastguard Agency for approval. PARA 12: Procedures for dealing with breaches of the Code a) A seafarer who is alleged to have breached the Code will be seen in the first instance by a Petty Officer or Officer designated by the Master. If the Petty Officer or Officer is satisfied that no further action is called for or that the breach, although proved, calls for no more than an informal warning of the kind referred to at Paragraph 10(a) above, he will proceed accordingly and the matter will thereafter be regarded as closed. b) If the offence is of a more serious nature or is a repetition of a similar minor offence, a formal warning will be given and the fact suitably recorded. Alternatively, the case may be referred to the Master; any offence falling under Paragraph 9 must be referred to him f) The Master will enter details of the breach and the action taken in the official log. g) The seafarer shall be given a copy of all entries made in the logbook relating to his breach of this Code and shall acknowledge receipt. h) The seafarer shall be given a copy of any report made to the company which directly relates to the incident for which the seafarer is subject to disciplinary action. i) A seafarer shall have the right to be accompanied by a friend, who may advise him and speak on his behalf, whenever an alleged breach of this Code is being considered against him. Situations where the seafarer is not summarily dismissed The employer must make a written statement setting out the seafarers’ alleged conduct or characteristics, or other circumstances, which led him to contemplate dismissing the seafarer from employment or taking other relevant disciplinary action against him or her. (a) The employer must send a copy of this statement to the seafarer and invite him or her to attend the meeting to discuss the alleged breach. Before the hearing takes place the seafarer must be allowed a reasonable opportunity to consider his or her response to the employer’s statement. He or she must also be informed what the basis was for
  3. 3. (b) (c) (d) (e) (f) (g) (h) including in the statement under a) the ground or grounds given in it The seafarer must take all reasonable steps to ensure that he or she attends the meeting. The seafarer will be entitled to be accompanied at the meeting by an official of his or her union or a fellow employee. The accompanying person may speak, but not answer questions, on behalf of the seafarer. Where a meeting is held on board a ship with the master, then the presence of an official of the seafarer’s union should be permitted where practicable The meeting must be conducted in a manner that enables both the employer and the seafarer to explain their respective cases. After the meeting the employer must inform the seafarer of his or her decision. The employer must also notify the seafarer of his or her right to appeal if he or she is not satisfied with the decision. If the seafarer chooses to appeal, he or she must inform the company personnel manager or other person designated for this purpose within the company. In the event of an appeal, a further meeting will be arranged. As far as is reasonably practicable, the employer should be represented at the appeal by a more senior manager than attended the initial meeting, unless the most senior manager attended that meeting. The seafarer must take all reasonable steps to attend this meeting. The seafarer will be entitled to be accompanied at the meeting by an official of his or her union or a fellow employee. The meeting must be conducted in a manner that enables both the employer and the seafarer to explain their respective cases. The accompanying person may speak, but not answer questions, on behalf of the seafarer (i) After the meeting, the employer must inform the seafarer of his final decision. The timing and location of each meeting must be reasonable. Situations where the seafarer is summarily dismissed In the event that the employer has considered that the conduct of the seafarer has been of such nature that he feels justified in terminating the seafarer’s employment summarily, he must set out in writing the seafarer’s alleged misconduct which has led to the dismissal. The statement must also state what the basis was for thinking, at the time of the dismissal, that the seafarer was guilty of the alleged misconduct. It must also state that the seafarer has the right of appeal against the dismissal. If the seafarer chooses to appeal, points (g), (i) and (j) above will apply. Dismissals 13, 14 and 15 repealed as of 1 October 2004 16. Nothing in this Code of Conduct shall be read as negating any seafarer’s right to bring an unfair dismissal claim before an Industrial Tribunal as provided in the Employment Rights Act 1996. MGN 148: Approval of Crew Agreements – Merchant Ships
  4. 4. EXEMPTION FROM REQUIREMENT TO HAVE A CREW AGREEMENT The Secretary of State may grant exemptions from the requirement to have a crew agreement where he is satisfied that the seafarers to be employed otherwise than under a crew agreement will be adequately protected. APPROVAL OF NON-STANDARD AGREEMENTS OR EXEMPTIONS (NFD) Non-standard agreements, indefinite agreements, modifications to standard agreements or applications for an exemption from the requirement to have a crew agreement, should be submitted for approval direct to MSPP 3C, Maritime & Coastguard Agency Outer Cover (ALC -1) An outer protective cover should be provided, on the front of which provision should be made for the following information to be recorded:• name of the ship, port of registry and official number; • description of the ship, e.g. passenger, tanker, ferry, general cargo, bulk carrier; • register (net) tonnage; • name and address of registered owner or manager • Dates and places of commencement and (if appropriate) termination of the agreement ALC – 1a(Agreement): list of people entered into the crew agreement ALC – 1b(Ballast): Parties exempted from the articles (supernumeraries, stowaway, etc) ALC – 1c.(Children): List of children onboard (below 18 yrs of age) ALC – 1d.(DO’s and DON’T’s): Terms and conditions. As per BSF (british shipping federation) –standard terms and conditions or NFD (non federated ships) changes in the crew agreement approved by MCA ALC 6 : Crew agreement, showing the salient features of the crew agreement. REMEMBER: THE ALC IS ALWAYS ACCOMPANIED WITH THE OLB AND GMDSS LOGBOOK Different types of agreement (to be decided by the company) 1. Voyage agreement: the articles are closed at the end of the voyage. Can be used for a max of 2yrs time. 2. Running agreement: 6 months for a running agreement for vessels engaged in frequent short voyages e.g. crosschannel ferries, unless the vessel has a small crew and a low staff turnover, in which case the agreement may be extended to 12 months. 12 months for any other running agreement The crew agreement and list of crew together with the Official Log Book for the same period must be forwarded to a superintendent or proper officer within 3 days of the expiry of the agreement. If the vessel closes an agreement at a port outside the United Kingdom which does not have a resident British Consul the documents may be sent by letter post only to The Registrar General of Shipping and Seamen 3. Indefinite agreement: No time limits on the agreement. It can be used until the articles are not completely filled up. Where an indefinite crew agreement is
  5. 5. opened, a copy must be submitted to the appropriate superintendent or proper officer on opening. Thereafter, the employer must submit a list of crew and the official log book at six monthly intervals, showing all seafarers who have joined or left the vessel(s) since the previous list was submitted with their dates of joining or leaving. If more convenient, an updated crew list can be submitted but it must show all the changes in the six-month period Crew Not Required to Sign Off on Leaving the Vessel Where prior MCA approval has been obtained, it will not be necessary for seafarers who work regular periods of duty followed by regular periods of leave (e.g. 2 weeks on/2 weeks off or 2 weeks on/3 weeks off) and who are paid continuously throughout the period of the agreement to sign off the crew agreement on each occasion that they leave the vessel to go on leave provided that they are expected to return to the vessel at the end of the leave period and before the expiry of the crew agreement. If, for any reason, a seafarer does not rejoin the vessel in accordance with the roster arrangements he / she must be signed off in his/her absence and re-signed when he/she rejoins the vessel. The same action must be taken if the seafarer joins another vessel of the same fleet; a seafarer cannot be on two crew agreements at the same time. The seafarer’s discharge book must also be completed in the same manner. The joining and leaving of all members of the crew must be recorded in the ship’s Official Log Book using their reference numbers in the list of crew. DOCUMENTS REQUIRED UNDER MLC 2006 Ships required to be inspected and certified for compliance with the requirements of the MLC, 2006 shall carry and maintain  Maritime Labour Certificate  A Declaration of Maritime Labour Compliance (DMLC) Parts I and II issued in English TITLES UNDER MLC 2006 Title 1: Minimum requirements for seafarers to work on a ship Title 2: Conditions of employment Title 3: Accommodation, recreational facilities, food and catering Title 4: Health protection, medical care, welfare and social security protection Title 5: Compliance and enforcement MLC comes into force on August 20. It is ratified by at least 30 Member States representing at least 33% of the world’s gross tonnage Some salient features of MLC 2006  a medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year  seafarers working on ships that fly its flag shall have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner providing them with decent working and living conditions on board the ship as required by this convention  Where a collective bargaining agreement forms all or part of a seafarers’ employment agreement, a copy of that agreement shall be available on board  Hours of work n rest revised  Each Member shall ensure that ships that fly its flag provide and maintain decent accommodations and
  6. 6. recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers’ health and well-being  Young seafarers  1. At sea and in port the following provisions should apply to all young seafarers under the age of 18: (a) working hours should not exceed eight hours per day and 40 hours per week and overtime should be worked only where unavoidable for safety reasons; (b) sufficient time should be allowed for all meals, and a break of at least one hour for the main meal of the day should be assured; and (c) a 15-minute rest period as soon as possible following each two hours of continuous work should be allowed. 2. Exceptionally, the provisions of paragraph 1 of this Guideline need not be applied if: (a) they are impracticable for young seafarers in the deck, engine room and catering departments assigned to watchkeeping duties or working on a rostered shiftwork system; or (b) the effective training of young seafarers in accordance with established programmes and schedules would be impaired. 3. Such exceptional situations should be recorded, with reasons, and signed by the master.  Each Member shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention (including seafarers’ rights)  Revised procedures grievances for Certificates obtained under MLC 2006  MLC 2006 certificate  Declaration of Maritime Labour Convention Part 1 & 2 handling

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