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International labour conference


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  • 3. • Regulation 1.1 – Minimum age• Purpose: To ensure that no under-age personswork on a ship• 1. No person below the minimum age shall beemployed or engaged or work on a ship.• 2. The minimum age at the time of the initialentry into force of this Convention is 16 years.• 3. A higher minimum age shall be required in thecircumstances set out in the Code.
  • 4. Regulation 1.2 – Medical certificate• Purpose: To ensure that all seafarers aremedically fit to perform their duties at sea• 1. Seafarers shall not work on a ship unlessthey are certified as medically fit to• perform their duties.• 2. Exceptions can only be permitted asprescribed in the Code.
  • 5. Regulation 1.3 – Training andqualifications• Purpose: To ensure that seafarers are trained or qualified tocarry out their duties on board ship• 1. Seafarers shall not work on a ship unless they are trainedor certified as competent or otherwise qualified to performtheir duties.• 2. Seafarers shall not be permitted to work on a ship unlessthey have successfully completed training for personalsafety on board ship.• 3. Training and certification in accordance with themandatory instruments adopted by the InternationalMaritime Organization shall be considered as meeting therequirements of paragraphs 1 and 2 of this Regulation.
  • 6. • 4. Any Member which, at the time of itsratification of this Convention, was bound by theCertification of Able Seamen Convention, 1946(No. 74), shall continue to carry out theobligations under that Convention unless anduntil mandatory provisions covering its subjectmatter have been adopted by the InternationalMaritime Organization and entered into force, oruntil five years have elapsed since the entry intoforce of this Convention in accordance withparagraph 3 of Article VIII, whichever date isearlier.
  • 7. Regulation 1.4 – Recruitment andplacement• Purpose: To ensure that seafarers have access to an efficient andwell-regulated• seafarer recruitment and placement system• 1. All seafarers shall have access to an efficient, adequate andaccountable system for finding employment on board ship withoutcharge to the seafarer.• 2. Seafarer recruitment and placement services operating in aMember’s territory shall conform to the standards set out in theCode.• 3. Each Member shall require, in respect of seafarers who work onships that fly its flag, that shipowners who use seafarer recruitmentand placement services that are based in countries or territories inwhich this Convention does not apply, ensure that those servicesconform to the requirements set out in the Code.
  • 9. Regulation 2.1 – Seafarers’employment agreements• Purpose: To ensure that seafarers have a fair employmentagreement• 1. The terms and conditions for employment of a seafarer shall beset out or referred to in a clear written legally enforceableagreement and shall be consistent with the standards set out in theCode.• 2. Seafarers’ employment agreements shall be agreed to by theseafarer under conditions which ensure that the seafarer has anopportunity to review and seek advice on the terms and conditionsin the agreement and freely accepts them before signing.• 3. To the extent compatible with the Member’s national law andpractice, seafarers’ employment agreements shall be understood toincorporate any applicable collective bargaining agreements.
  • 10. Regulation 2.2 – Wages• Purpose: To ensure that seafarers are paid fortheir services• 1. All seafarers shall be paid for their workregularly and in full in accordance with theiremployment agreements.
  • 11. Regulation 2.3 – Hours of work andhours of rest• Purpose: To ensure that seafarers haveregulated hours of work or hours of rest• 1. Each Member shall ensure that the hours ofwork or hours of rest for seafarers areregulated.• 2. Each Member shall establish maximumhours of work or minimum hours of rest overgiven periods that are consistent with theprovisions in the Code.
  • 12. • 5. The limits on hours of work or rest shall beas follows:• (a) maximum hours of work shall not exceed:• (i) 14 hours in any 24-hour period; and• (ii) 72 hours in any seven-day period;• or
  • 13. • (b) minimum hours of rest shall not be lessthan:• (i) ten hours in any 24-hour period; and• (ii) 77 hours in any seven-day period
  • 14. • 6. Hours of rest may be divided into no morethan two periods, one of which• shall be at least six hours in length, and theinterval between consecutive periods of rest• shall not exceed 14 hours
  • 15. Regulation 2.4 – Entitlement to leave• Purpose: To ensure that seafarers have adequateleave• 1. Each Member shall require that seafarersemployed on ships that fly its flag are given paidannual leave under appropriate conditions, inaccordance with the provisions in the Code.• 2. Seafarers shall be granted shore leave tobenefit their health and well-being and with theoperational requirements of their positions.
  • 16. Regulation 2.5 – Repatriation• Purpose: To ensure that seafarers are able toreturn home• 1. Seafarers have a right to be repatriated at nocost to themselves in the circumstances andunder the conditions specified in the Code.• 2. Each Member shall require ships that fly itsflag to provide financial security to ensure thatseafarers are duly repatriated in accordance withthe Code.
  • 17. Regulation 2.6 – Seafarercompensation for the ship’s loss orfoundering• Purpose: To ensure that seafarers arecompensated when a ship is lost or hasfoundered• 1. Seafarers are entitled to adequatecompensation in the case of injury, loss orunemployment arising from the ship’s loss orfoundering.
  • 18. Regulation 2.7 – Manning levels• Purpose: To ensure that seafarers work on boardships with sufficient personnel for the safe,efficient and secure operation of the ship• 1. Each Member shall require that all ships thatfly its flag have a sufficient number of seafarersemployed on board to ensure that ships areoperated safely, efficiently and with due regardto security under all conditions, taking intoaccount concerns about seafarer fatigue and theparticular nature and conditions of the voyage.
  • 19. Regulation 2.8 – Career and skilldevelopment and opportunitiesfor seafarers’ employment• Purpose: To promote career and skilldevelopment and employment opportunities forseafarers• 1. Each Member shall have national policies topromote employment in the maritime sector andto encourage career and skill development andgreater employment opportunities for seafarersdomiciled in its territory
  • 21. Regulation 3.1 – Accommodation andrecreational facilities• Purpose: To ensure that seafarers have decent accommodation andrecreational• facilities on board• 1. Each Member shall ensure that ships that fly its flag provide andmaintain decent accommodations and recreational facilities for seafarersworking or living on board, or both, consistent with promoting theseafarers’ health and well-being.• 2. The requirements in the Code implementing this Regulation whichrelate to ship construction and equipment apply only to ships constructedon or after the date when this Convention comes into force for theMember concerned. For ships constructed before that date, therequirements relating to ship construction and equipment that are set outin the Accommodation of Crews Convention (Revised), 1949 (No. 92), andthe Accommodation of Crews (Supplementary Provisions) Convention,1970 (No. 133), shall continue to apply to the extent that they wereapplicable, prior to that date, under the law or practice of the Memberconcerned. A ship shall be deemed to have been constructed on the datewhen its keel is laid or when it is at a similar stage of contruction.
  • 22. • 3. Unless expressly provided otherwise, anyrequirement under an amendment to theCode relating to the provision of seafareraccommodation and recreational facilitiesshall apply only to ships constructed on orafter the amendment takes effect for theMember concerned
  • 23. Regulation 3.2 – Food and catering• Purpose: To ensure that seafarers have access to goodquality food and drinking water provided under regulatedhygienic conditions• 1. Each Member shall ensure that ships that fly its flag carryon board and serve food and drinking water of appropriatequality, nutritional value and quantity that adequatelycovers the requirements of the ship and takes into accountthe differing cultural and religious backgrounds.• 2. Seafarers on board a ship shall be provided with foodfree of charge during the period of engagement.• 3. Seafarers employed as ships’ cooks with responsibilityfor food preparation must be trained and qualified for theirposition on board ship.
  • 25. Regulation 4.1 – Medical care onboard ship and ashore• Purpose: To protect the health of seafarers and ensure their prompt access• to medical care on board ship and ashore• 1. Each Member shall ensure that all seafarers on ships that fly its flag are coveredby adequate measures for the protection of their health and that they have access• to prompt and adequate medical care whilst working on board.• 2. The protection and care under paragraph 1 of this Regulation shall, in principle,• be provided at no cost to the seafarers.• 3. Each Member shall ensure that seafarers on board ships in its territory who• are in need of immediate medical care are given access to the Member’s medicalfacilities on shore.• 4. The requirements for on-board health protection and medical care set out in• the Code include standards for measures aimed at providing seafarers with healthprotection and medical care as comparable as possible to that which is generallyavailable to workers ashore.
  • 26. Regulation 4.2 – Shipowners’ liability• Purpose: To ensure that seafarers are protected from thefinancial consequences of sickness, injury or deathoccurring in connection with their employment• 1. Each Member shall ensure that measures, in accordancewith the Code, are in place on ships that fly its flag toprovide seafarers employed on the ships with a right tomaterial assistance and support from the shipowner withrespect to the financial consequences of sickness, injury ordeath occurring while they are serving under a seafarers’employment agreement or arising from their employmentunder such agreement.• 2. This Regulation does not affect any other legal remediesthat a seafarer may seek
  • 27. Regulation 4.3 – Health and safetyprotection and accident prevention• Purpose: To ensure that seafarers’ work environment on board shipspromotes occupational safety and health• 1. Each Member shall ensure that seafarers on ships that fly its flag areprovided with occupational health protection and live, work and train onboard ship in a safe and hygienic environment.• 2. Each Member shall develop and promulgate national guidelines for themanagement of occupational safety and health on board ships that fly itsflag, after consultation with representative shipowners’ and seafarers’organizations and taking into account applicable codes, guidelines andstandards recommended by international organizations, nationaladministrations and maritime industry organizations.• 3. Each Member shall adopt laws and regulations and other measuresaddressing the matters specified in the Code, taking into account relevantinternational instruments, and set standards for occupational safety andhealth protection and accident prevention on ships that fly its flag.
  • 28. Regulation 4.4 – Access to shore-based welfare facilities• Purpose: To ensure that seafarers working on board a shiphave access to shore-based facilities and services to securetheir health and well-being• 1. Each Member shall ensure that shore-based welfarefacilities, where they exist, are easily accessible. TheMember shall also promote the development of welfarefacilities, such as those listed in the Code, in designatedports to provide seafarers on ships that are in its ports withaccess to adequate welfare facilities and services.• 2. The responsibilities of each Member with respect toshore-based facilities, such as welfare, cultural,recreational and information facilities and services, are setout in the Code.
  • 29. Regulation 4.5 – Social security• Purpose: To ensure that measures are taken with a view to providingseafarers with access to social security protection• 1. Each Member shall ensure that all seafarers and, to the extent providedfor in its national law, their dependants have access to social securityprotection in accordance with the Code without prejudice however to anymore favourable conditions referred to in paragraph 8 of article 19 of theConstitution.• 2. Each Member undertakes to take steps, according to its nationalcircumstances, individually and through international cooperation, toachieve progressively comprehensive social security protection forseafarers.• 3. Each Member shall ensure that seafarers who are subject to its socialsecurity legislation, and, to the extent provided for in its national law,their dependants, are entitled to benefit from social security protectionno less favourable than that enjoyed by shoreworkers.
  • 31. Regulation 5.1 – Flag Stateresponsibilities• Purpose: To ensure that each Memberimplements its responsibilities under thisConvention with respect to ships that fly itsflag
  • 32. Regulation 5.1.1 – General principles• 1. Each Member is responsible for ensuring implementation of itsobligations under this Convention on ships that fly its flag.• 2. Each Member shall establish an effective system for theinspection and certification of maritime labour conditions, inaccordance with Regulations 5.1.3 and 5.1.4 ensuring that theworking and living conditions for seafarers on ships that fly its flagmeet, and continue to meet, the standards in this Convention.• 3. In establishing an effective system for the inspection andcertification of maritime labour conditions, a Member may, whereappropriate, authorize public institutions or other organizations(including those of another Member, if the latter agrees) which itrecognizes as competent and independent to carry out inspectionsor to issue certificates or to do both. In all cases, the Member shallremain fully responsible for the inspection and certification of theworking and living conditions of the seafarers concerned on shipsthat fly its flag.
  • 33. • 4. A maritime labour certificate, complemented by adeclaration of maritime labour compliance, shallconstitute prima facie evidence that the ship has beenduly inspected by the Member whose flag it flies andthat the requirements of this Convention relating toworking and living conditions of the seafarers havebeen met to the extent so certified.• 5. Information about the system referred to inparagraph 2 of this Regulation, including the methodused for assessing its effectiveness, shall be included inthe Member’s reports to the International LabourOffice pursuant to article 22 of the Constitution.
  • 34. Regulation 5.1.2 – Authorization ofrecognized organizations• 1. The public institutions or other organizations referred to inparagraph 3 of Regulation 5.1.1 (“recognized organizations”) shallhave been recognized by the competent authority as meeting therequirements in the Code regarding competency andindependence. The inspection or certification functions which therecognized organizations may be authorized to carry out shall comewithin the scope of the activities that are expressly mentioned inthe Code as being carried out by the competent authority or arecognized organization.• 2. The reports referred to in paragraph 5 of Regulation 5.1.1 shallcontain information regarding any recognized organization, theextent of authorizations given and the arrangements made by theMember to ensure that the authorized activities are carried outcompletely and effectively.
  • 35. Regulation 5.1.3 – Maritimelabour certificate and declarationof maritime labourcompliance
  • 36. • 1. This Regulation applies to ships of:• (a) 500 gross tonnage or over, engaged in international voyages; and• (b) 500 gross tonnage or over, flying the flag of a Member and operatingfrom a port, or between ports, in another country. For the purpose ofthis Regulation, “international voyage” means a voyage from a country toa port outside such a country.• 2. This Regulation also applies to any ship that flies the flag of a Memberand is not covered by paragraph 1 of this Regulation, at the request ofthe shipowner to the Member concerned.• 3. Each Member shall require ships that fly its flag to carry and maintain amaritime labour certificate certifying that the working and livingconditions of seafarers on the ship, including measures for ongoingcompliance to be included in the declaration of maritime labourcompliance referred to in paragraph 4 of this Regulation, have beeninspected and meet the requirements of national laws or regulations orother measures implementing this Convention.• 4. Each Member shall require ships that fly its flag to carry and maintain adeclaration of maritime labour compliance stating the nationalrequirements implementing this Convention for the working and livingconditions for seafarers and setting out the measures adopted by theshipowner to ensure compliance with the requirements on the ship orships concerned.
  • 37. • 5. The maritime labour certificate and the declaration ofmaritime labour compliance shall conform to the modelprescribed by the Code.• 6. Where the competent authority of the Member or arecognized organization duly authorized for this purposehas ascertained through inspection that a ship that flies theMember’s flag meets or continues to meet the standards ofthis Convention, it shall issue or renew a maritime labourcertificate to that effect and maintain a publicly availablerecord of that certificate.• 7. Detailed requirements for the maritime labourcertificate and the declaration of maritime labourcompliance, including a list of the matters that must beinspected and approved, are set out in Part A of the Code.
  • 38. Regulation 5.1.4 – Inspection andenforcement• 1. Each Member shall verify, through an effectiveand coordinated system of regular inspections,monitoring and other control measures, thatships that fly its flag comply with therequirements of this Convention as implementedin national laws and regulations.• 2. Detailed requirements regarding theinspection and enforcement system referred to inparagraph 1 of this Regulation are set out in PartA of the Code.
  • 39. Regulation 5.1.5 – On-boardcomplaint procedures• 1. Each Member shall require that ships that fly its flaghave on-board procedures for the fair, effective andexpeditious handling of seafarer complaints allegingbreaches of the requirements of this Convention(including seafarers’ rights).• 2. Each Member shall prohibit and penalize any kind ofvictimization of a seafarer for filing a complaint.• 3. The provisions in this Regulation and relatedsections of the Code are without prejudice to aseafarer’s right to seek redress through whatever legalmeans the seafarer considers appropriate.
  • 40. Regulation 5.1.6 – Marine casualties• 1. Each Member shall hold an official inquiryinto any serious marine casualty, leading toinjury or loss of life, that involves a ship thatflies its flag. The final report of an inquiry shallnormally be made public.• 2. Members shall cooperate with each otherto facilitate the investigation of seriousmarine casualties referred to in paragraph 1 ofthis Regulation.
  • 41. Regulation 5.2 – Port Stateresponsibilities• Purpose: To enable each Member toimplement its responsibilities under thisConvention regarding internationalcooperation in the implementation andenforcement of the Convention standards onforeign ships
  • 42. Regulation 5.2.1 – Inspections in port• 1. Every foreign ship calling, in the normal course of its business or for operationalreasons, in the port of a Member may be the subject of inspection in accordancewith paragraph 4 of Article V for the purpose of reviewing compliance with therequirements of this Convention (including seafarers’ rights) relating to theworking and living conditions of seafarers on the ship.• 2. Each Member shall accept the maritime labour certificate and the declaration ofmaritime labour compliance required under Regulation 5.1.3 as prima facieevidence of compliance with the requirements of this Convention (includingseafarers’ rights). Accordingly, the inspection in its ports shall, except in thecircumstances specified in the Code, be limited to a review of the certificate anddeclaration.• 3. Inspections in a port shall be carried out by authorized officers in accordancewith the provisions of the Code and other applicable international arrangementsgoverning port State control inspections in the Member. Any such inspection shallbe limited to verifying that the matter inspected is in conformity with the relevantrequirements set out in the Articles and Regulations of this Convention and in PartA only of the Code.
  • 43. • 4. Inspections that may be carried out in accordancewith this Regulation shall be based on an effective portState inspection and monitoring system to help ensurethat the working and living conditions for seafarers onships entering a port of the Member concerned meetthe requirements of this Convention (includingseafarers’ rights).• 5. Information about the system referred to inparagraph 4 of this Regulation, including the methodused for assessing its effectiveness, shall be included inthe Member’s reports pursuant to article 22 of theConstitution.
  • 44. Regulation 5.2.2 – Onshore seafarercomplaint-handling procedures• 1. Each Member shall ensure that seafarers onships calling at a port in the Member’sterritory who allege a breach of therequirements of this Convention (includingseafarers’ rights) have the right to report sucha complaint in order to facilitate a prompt andpractical means of redress.
  • 45. Regulation 5.3 – Labour-supplyingresponsibilities• Purpose: To ensure that each Member implements itsresponsibilities under this Convention as pertaining toseafarer recruitment and placement and the socialprotection of its seafarers• 1. Without prejudice to the principle of each Member’sresponsibility for the working and living conditions ofseafarers on ships that fly its flag, the Member also has aresponsibility to ensure the implementation of therequirements of this Convention regarding the recruitmentand placement of seafarers as well as the social securityprotection of seafarers that are its nationals or are residentor are otherwise domiciled in its territory, to the extentthat such responsibility is provided for in this Convention.
  • 46. • 2. Detailed requirements for the implementation ofparagraph 1 of this Regulation are found in the Code.• 3. Each Member shall establish an effective inspectionand monitoring system for enforcing its labour-supplying responsibilities under this Convention.• 4. Information about the system referred to inparagraph 3 of this Regulation, including the methodused for assessing its effectiveness, shall be included inthe Member’s reports pursuant to article 22 of theConstitution
  • 47. APPENDIX A5-I• The working and living conditions of seafarers that must be inspected and approved• by the flag State before certifying a ship in accordance with Standard A5.1.3,• paragraph 1:• Minimum age• Medical certification• Qualifications of seafarers• Seafarers’ employment agreements• Use of any licensed or certified or regulated private recruitment and placement service• Hours of work or rest• Manning levels for the ship• Accommodation• On-board recreational facilities• Food and catering• Health and safety and accident prevention• On-board medical care• On-board complaint procedures• Payment of wages
  • 48. APPENDIX B5-I – EXAMPLE OF ANATIONAL DECLARATION• See Guideline B5.1.3, paragraph 5• Maritime Labour Convention, 2006• Declaration of Maritime Labour Compliance – Part I• (Note: This Declaration must be attached to the ship’s Maritime Labour Certificate) Issuedunder the authority of: The Ministry of Maritime Transport of Xxxxxx• With respect to the provisions of the Maritime Labour Convention, 2006, the following• referenced ship:• is maintained in accordance with Standard A5.1.3 of the Convention.• The undersigned declares, on behalf of the abovementioned competent authority,• that:• (a) the provisions of the Maritime Labour Convention are fully embodied in the• national requirements referred to below;• (b) these national requirements are contained in the national provisions referenced• below; explanations concerning the content of those provisions are provided• where necessary;
  • 49. • (c) the details of any substantial equivalencies under Article VI,paragraphs 3 and 4, are provided <under the corresponding nationalrequirement listed below> <in the section provided for this purposebelow> (strike out the statement which is not applicable);• (d) any exemptions granted by the competent authority in accordancewith Title 3 are clearly indicated in the section provided for this purposebelow; and• (e) any ship-type specific requirements under national legislation are alsoreferenced under the requirements concerned.• 1. Minimum age (Regulation 1.1)• Shipping Law, No. 123 of 1905, as amended (“Law”), Chapter X; ShippingRegulations (“Regulations”), 2006, Rules 1111-1222.• Minimum ages are those referred to in the Convention.
  • 50. • “Night” means 9 p.m. to 6 a.m. unless the Ministry of Maritime Transport (“Ministry”)approves a different period. Examples of hazardous work restricted to 18-year-olds or overare listed in Schedule A hereto. In the case of cargo ships, no one under 18 may work in theareas marked on the ship’s plan (to be attached to this Declaration) as “hazardous area”.• Name of ship IMO number Gross tonnage M.S. EXAMPLE 12345 1,000• E X A M P L E• 2. Medical certification (Regulation 1.2) Law, Chapter XI; Regulations, Rules 1223-1233.Medical certificates shall conform to the STCW requirements, where applicable; in othercases, the STCW requirements are applied with any necessary adjustments. Qualifiedopticians on list approved by Ministry may issue certificates concerning eyesight.• Medical examinations follow the ILO/WHO Guidelines referred to in Guideline B1.2.1• ..................................................................................................................................................• ..................................................................................................................................................• Appendix B5-I
  • 51. Declaration of Maritime LabourCompliance – Part II• Measures adopted to ensure ongoing compliance between inspections• The following measures have been drawn up by the shipowner, named in the Maritime Labour Certificateto which this Declaration is attached, to ensure ongoing compliance between inspections: (State below themeasures drawn up to ensure compliance with each of the items in Part I)• 1. Minimum age (Regulation 1.1)• Date of birth of each seafarer is noted against his/her name on the crew list.• The list is checked at the beginning of each voyage by the master or officer acting on his or her behalf(“competent officer”), who records the date of such verification.• Each seafarer under 18 receives, at the time of engagement, a note prohibiting him/ her from performingnight work or the work specifically listed as hazardous (see Part I, section 1, above) and any otherhazardous work, and requiring him/her to consult the competent officer in case of doubt. A copy of thenote, with the seafarer’s signature under “received and read”, and the date of signature, is kept by• the competent officer.• 2. Medical certification (Regulation 1.2)• The medical certificates are kept in strict confidence by the competent officer, together with a list,prepared under the competent officer’s responsibility and stating for each seafarer on board: the functionsof the seafarer, the date of the current medical certificate(s) and the health status noted on the certificateconcerned.
  • 52. • In any case of possible doubt as to whether theseafarer is medically fit for a particular function orfunctions, the competent officer consults the seafarer’sdoctor or another qualified practitioner and records asummary of the practitioner’s conclusions, as well asthe practitioner’s name and telephone number and thedate of the consultation.• ..................................................................................................................................................• ..................................................................................................................................................