SESSION 5 & 6 TITLE 2 – CONDITIONS OF EMPLOYMENT.

SESSION 5 & 6

TITLE 2 – CONDITIONS OF EMPLOYMENT

AIMTo discuss the MLC,2006 requirements associated with:

– Seafarers’ employment agreements (SEAs);– Wages;– Hours of work and hours of rest;– Entitlement to leave;– Repatriation;– Seafarer compensation for the ship’s loss or

foundering;– Manning levels;– Career and skill development and opportunities for

seafarers’ employment.

SEAFARERS’ EMPLOYMENT AGREEMENTS (SEAs)

(Regulation 2.1. Standard A2.1. Guideline B2.1)

Purpose: • To ensure that seafarers

have a fair employment agreement

Requirements

Seafarers

… shall have a seafarers’ employment agreement (SEA)

…providing them with decent working and living conditions on board the ship as required by this Convention;”

Basic requirements

All seafarers must have a signed SEA which may take a number of forms including:

• incorporation in a collective bargaining agreement (CBA);

• specified particulars.

In addition:• terms must be clear;• must have been freely accepted with

sufficient understanding.

Records of employment

- Discharge book or certificate of Discharge

Preparing for inspection

• Make records available

• Office based review

• Interviews on board

DMLC – PART IIThis section should include:• Confirmation that the seafarers’ employment agreements (SEA)

include the items listed in paragraph 4 of Standard A2.1.• A statement indicating whether a workforce agreement/collective

bargaining aggreement forms all or part of the SEA.• Confirmation that the seafarer has been given a signed original copy

of the SEA and how this is recorded.• Confirmation that the seafarer has been given an opportunity to

examine and seek advice prior to signing the SEA and how this is recorded.

• The method used to provide seafarers with a record of employment on board the ship.

• The procedure for granting shore leave.• Annual leave provision and how this is calculated.

WAGES(Regulation 2.2, Standard A2.2, Guideline B2.2)

• Purpose; to ensure that seafarers are paid for their services

Requirements

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.

MLC, 2006 - Wages

Preparing for inspection

DMLC PART II

This section should include:

• Information concerning payslips

• Charges for allotments

• Frequency of the payment of wages

• How the rate of exchange is determined

HOURS OF WORK AND HOURS OF REST (Regulation 2.3, Standard A2.3, Guideline B2.3)

Purpose:

• to ensure that seafarers have regulated hours of work or hours of rest

Basic requirements

• Minimum hours of rest must not be less than:– ten hours in any 24-hour period; and– 77 hours in any seven-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;

and– the interval between consecutive periods must not

exceed 14 hours.

• Normal working hours’ standard based on:– an eight-hour day;– one day rest per week;– rest on public holidays.

Other provisions

• Musters, fire-fighting and lifeboat drills and other prescribed drills must be conducted in a manner that minimises 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

Table of working arrangements

• 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 standardised format in the ship’s working language(s) and English.

Suspension

• Suspension in emergencies

of the schedule of hours or rest

or of work• Adequate period of rest for

seafarers’ affected

Records

• 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.

Young seafarers (UK)

• Rest period of at least 12 hours in each 24 hour rest period.

• Rest period of at least 2 days, consecutive if possible, in each week.

• Exceptions in certain circumstances• A 30 minute rest period after each 4.5 hour

period of work.

DMLC – PART II

This section should include information on:• Where the schedule is posted up.• Who monitors the hours of work/rest for

compliance both on board and ashore.• Under what circumstances can the schedule be

suspended.• How are any suspensions recorded. • How details of any compensatory rest periods

granted resulting from the schedule being suspended are recorded.

Preparing for inspection

ENTITLEMENT TO LEAVE(Regulation 2.4, Standard A2.4, Guideline B2.4)

Purpose:

• to ensure that seafarers

have adequate leave

Basic requirements

Seafarers must be:• 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)

Calculation of entitlement

The following is 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.

Taking of leave

To be agreed wit the employer• time of annual leave• place of annual leave• free transportation where seafarer required

to take leave in a specified place• recall from annual leave (eg in an emergency)

Preparing for Inspection

Repatriation

Purpose:

• to ensure that seafarers are able to return home

Basic requirements

• Seafarers have a right to be:– repatriated;– at no cost to themselves;– in the circumstances and under the conditions

specified in the Code.

• Shipowner must provide financial security• No advance payment by seafarer or (except in

one case) recovery of payment from seafarer• Seafarers to have copy of national provisions

Basic Requirements

• Repatriation is required where, after a specified period of service when:

• The SEA expires when the seafarer is abroad• The SEA is terminated :

- by the shipowner or

- by the seafarer in justified circumstances.• Seafarers can no longer carry out duties, or be

expected to do so in the circumstances

Precise entitlements

• Cost of transport 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• Transport of 30kg of personal luggage• Necessary medical treatment• Time needed for repatriation not to be deducted from accrued leave.

Preparing for inspection

Manning Levels(Reg 2.7, Standard A.2.7,Guideleine B2.7)

Purpose :

- To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship.

Basic requirements

• The following should be included :

• A statement to the effect that the ship will be manned in accordance with national and international regulations

• A statement to the effect that the contents of the safe manning document will be adhered to at all times.

• Information on who the master should contact if he has any concerns regarding manning.

Preparing for inspection

DMLC – PART II

The following should be included:• A statement to the effect that the ship will be

manned in accordance with national and international regulations.

• A statement to the effect that the contents of the safe manning document will be adhered to at all times.

• Information on who the master should contact if he has any concerns regarding manning.