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The Shipowners’ View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011
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The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

Mar 28, 2015

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Page 1: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

The Shipowners’ View

Tim SpringettHead of EmploymentChamber of Shipping

MLC Shipowner TrainingMCA, 2011

Page 2: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

• Why shipowners supported the MLC

• What it will mean in practice• What shipowners need to do• What concerns do shipowners

have?• How can these be overcome?• How the Chamber of Shipping can

help

Page 3: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

A global level playing field

• Protects good operators

• “No more favourable treatment” clause

• Likely to become charterers’ requirement

Page 4: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

Visibility of ILO

• Tripartite structure gives us greater influence

• ILO now a key player in maritime sector

Page 5: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

Seafarer’s Bill of Rights?

• Seafarers’ obligations• Conditions of employment• Enforcement authorities’

rights• Shipowners’ rights!

Page 6: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

Article IVEvery seafarer has the right to:

• a safe and secure workplace that complies with safety standards

• fair terms of employment

• decent working and living conditions on board ship

• health protection, medical care, welfare measures and other forms of social protection

Page 7: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

What it will mean in practice

• For UK-flag operators - no major changes in standards

• All seagoing ships – all seafarers

• Flag states will adjudicate in borderline cases

• Complying – and demonstrating compliance

Page 8: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

What shipowners will need to do

• Pick a ratifying flag state

• Complete Declaration of Maritime Labour Compliance Part II based on contents of Part I

• Set out procedures for ensuring and demonstrating ongoing compliance

• Apply for any substantial equivalents/ exceptions that might be necessary

Page 9: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

Demonstrating compliance

• Make documentation clear and easy to follow

• Enable inspectors to visit shore offices

• Provide facilities on-board for crew members to be interviewed

• Establish effective on-board complaint procedures

Page 10: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

What documents will ships need to carry?

• Copy of the Convention

• Maritime Labour Certificate

• Declaration of Maritime Labour Compliance

• Seafarer Employment Agreements

• On-board complaint procedures

• ISM documentation

Page 11: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

What concerns do shipowners have?

• “Gold-plating”

• Failure to utilise flexibility

• Unclear instructions

• Excessive bureaucracy

• Over-zealous inspections

• Unfounded complaints and wrongful detentions

Page 12: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

How to overcome the difficulties

• Remember the joint ownership of MLC

• Alert MCA to problems• Take action early• Aim is to guarantee minimum

standards

Page 13: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

How the Chamber can help

We were there!

Page 14: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

How the Chamber can help

• Involved in MCA Tripartite Working Group on UK Implementation

• Involved in training for surveyors

• Providing regular information for members individually and collectively

• Representations to MCA

Page 15: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

Conclusion• Guarantor of decent work for

seafarers

• Not a stick for beating good operators

• If it works well – everybody can benefit

Page 16: The Shipowners View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011.

THANK YOU FOR

LISTENING!