Answer SSEP Question 15
Q15.
With reference to the Maritime Labour Convention (MLC) 2006, discuss
the requirements for seafarers regarding;
A. Young seafarers onboard
ships.
B. Repatriation.
C. Seafarers Wages.
D. Minimum age to work
onboard vessels,
E. Seafarer’s Employment agreements
F. Hours of work
and hours of rest.
Answer: A. Young seafarers on-board ships.
MLC, Title 1. Minimum Requirements For Seafarers to Work On a Ship regulates the minimum age criteria to work onboard.
Person below the minimum age of 16 years shall NOT be employed or engaged or work on a ship. A higher minimum age shall be required in the circumstances set out in the MLC Code.
Night Shift
Night shift means, it shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 am.
Night work of seafarers under the age of 18 shall be prohibited.
An exception to strict compliance only by the competent authority.
Hours of work and hours of rest
At sea and in port the following provisions should apply to all young seafarers under the age of 18 exceptions under approved criteria only for watch keepers and for specialised training which shall be recorded, with reasons, and signed by the master.
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.
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.
A 15-minute rest period as soon as possible following each two hours of continuous work should be allowed.
Young seafarers need to be part during an emergency with no exclusions.
Regulation 2.4 - Entitlement to leave
Special measures should be considered with respect to young seafarers under the age of 18 who have served six months or any other shorter period of time under a collective agreement or seafarers employment agreement without leave on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the subsequent three months of the voyage.
Such measures could consist of their repatriation at no expense to themselves to the place of original engagement in their country of residence for the purpose of taking any leave earned during the voyage.
Regulation 2.5 - Repatriation
If after serving on a ship for at least four months during their first foreign-going voyage, it becomes apparent that they are unsuited to life at sea, they should be given the opportunity of being repatriated at no expense to themselves from the first suitable port of call in which there are consular services of the flag State, or the State of nationality or residence of the young seafarer.
Notification of any such repatriation, with the reasons therefor, should be given to the authority which issued the papers enabling the young seafarers concerned to 'take up seagoing employment.
Regulation 43 - Health and safety protection and accident prevention.
Young seafarers has to be approved by the competent authority to perform any specialised task.
Practical measure to be taken to train the young seafarers on health and safety.
Education and training of young seafarer both ashore and on board ships should include abuse of alcohol and drugs & concerns relating to HIV/AIDS
MLC, Title 1. Minimum Requirements For Seafarers to Work On a Ship regulates the minimum age criteria to work onboard.
Person below the minimum age of 16 years shall NOT be employed or engaged or work on a ship. A higher minimum age shall be required in the circumstances set out in the MLC Code.
Night Shift
Night shift means, it shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 am.
Night work of seafarers under the age of 18 shall be prohibited.
An exception to strict compliance only by the competent authority.
Hours of work and hours of rest
At sea and in port the following provisions should apply to all young seafarers under the age of 18 exceptions under approved criteria only for watch keepers and for specialised training which shall be recorded, with reasons, and signed by the master.
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.
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.
A 15-minute rest period as soon as possible following each two hours of continuous work should be allowed.
Young seafarers need to be part during an emergency with no exclusions.
Regulation 2.4 - Entitlement to leave
Special measures should be considered with respect to young seafarers under the age of 18 who have served six months or any other shorter period of time under a collective agreement or seafarers employment agreement without leave on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the subsequent three months of the voyage.
Such measures could consist of their repatriation at no expense to themselves to the place of original engagement in their country of residence for the purpose of taking any leave earned during the voyage.
Regulation 2.5 - Repatriation
If after serving on a ship for at least four months during their first foreign-going voyage, it becomes apparent that they are unsuited to life at sea, they should be given the opportunity of being repatriated at no expense to themselves from the first suitable port of call in which there are consular services of the flag State, or the State of nationality or residence of the young seafarer.
Notification of any such repatriation, with the reasons therefor, should be given to the authority which issued the papers enabling the young seafarers concerned to 'take up seagoing employment.
Regulation 43 - Health and safety protection and accident prevention.
Young seafarers has to be approved by the competent authority to perform any specialised task.
Practical measure to be taken to train the young seafarers on health and safety.
Education and training of young seafarer both ashore and on board ships should include abuse of alcohol and drugs & concerns relating to HIV/AIDS
B. Repatriation
Title 2. Conditions of employment, Regulation 2.5 mandates the repatriation requirements
Purpose: To ensure that seafarers are able to return home
1. Seafarers have a right to be repatriated at no cost to themselves.
2. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code.
Flag state shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances:
(a) If the seafarers' employment agreement expires while they are abroad;
(b) When the seafarers' employment agreement is terminated:
(i) By the ship-owner; or
(ii) By the seafarer for Justified reasons; and also
(c) When the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.
Title 2. Conditions of employment, Regulation 2.5 mandates the repatriation requirements
Purpose: To ensure that seafarers are able to return home
1. Seafarers have a right to be repatriated at no cost to themselves.
2. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code.
Flag state shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances:
(a) If the seafarers' employment agreement expires while they are abroad;
(b) When the seafarers' employment agreement is terminated:
(i) By the ship-owner; or
(ii) By the seafarer for Justified reasons; and also
(c) When the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances.
C. Seafarers Wages.
Title 2. Conditions of employment Regulation 2.2 mandates the Seafarers Wages requirements
Purpose: To ensure that seafarers are paid for their services
(1). All seafarers shall he paid for their work regularly and in full in accordance with their employment agreements.
(2). Flag state shall require that payments due to seafarers working its flag are made at no greater than monthly intervals and In accordance with any applicable collective agreement.
(3). Seafarers shall be given a monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to.
(4). Flag state shall require that shipowner's take measures to provide seafarers with a means to transmit all or part of their earnings to their families or dependents or legal beneficiaries.
(5). Measures to ensure that seafarers are able to transmit their earnings to their families include:
(a) A system for enabling seafarers, at the time of their entering employment or during it, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar means
(b) A requirement that allotments should be remitted in due time and directly to the person or persons nominated by the seafarers.
(6) Any charge for the remittance service shall be reasonable amount, and the rate of currency exchange shall be official rate and beneficial to the seafarer.
(7). Flag state that adopts national laws or regulations governing seafarers' wages shall give due consideration to the guidance provided in Part B of the Code.
Title 2. Conditions of employment Regulation 2.2 mandates the Seafarers Wages requirements
Purpose: To ensure that seafarers are paid for their services
(1). All seafarers shall he paid for their work regularly and in full in accordance with their employment agreements.
(2). Flag state shall require that payments due to seafarers working its flag are made at no greater than monthly intervals and In accordance with any applicable collective agreement.
(3). Seafarers shall be given a monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to.
(4). Flag state shall require that shipowner's take measures to provide seafarers with a means to transmit all or part of their earnings to their families or dependents or legal beneficiaries.
(5). Measures to ensure that seafarers are able to transmit their earnings to their families include:
(a) A system for enabling seafarers, at the time of their entering employment or during it, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar means
(b) A requirement that allotments should be remitted in due time and directly to the person or persons nominated by the seafarers.
(6) Any charge for the remittance service shall be reasonable amount, and the rate of currency exchange shall be official rate and beneficial to the seafarer.
(7). Flag state that adopts national laws or regulations governing seafarers' wages shall give due consideration to the guidance provided in Part B of the Code.
D. Minimum age to work onboard vessels
- Under MLC Title 1. Minimum Requirements For Seafarers to Work On a Ship
Regulation 1.1 - Minimum age requirements are prescribed.
Purpose: To ensure that no under-age persons work on a ship Main objective:
1. The minimum age is 16 years.
2. No person below the minimum age shall be employed or engaged or work on a ship.
3. A higher minimum age shall be required in the circumstances set out in the Code,
Other requirements.
- Night work (a period of at least nine hours starting no later than midnight and ending no earlier than 5 am.) of seafarers under the age of 18 shall be prohibited.
Exception if;
(a) the effective training of the seafarers concerned, in accordance with. established programmes and schedules, would be impaired; or
- Under MLC Title 1. Minimum Requirements For Seafarers to Work On a Ship
Regulation 1.1 - Minimum age requirements are prescribed.
Purpose: To ensure that no under-age persons work on a ship Main objective:
1. The minimum age is 16 years.
2. No person below the minimum age shall be employed or engaged or work on a ship.
3. A higher minimum age shall be required in the circumstances set out in the Code,
Other requirements.
- Night work (a period of at least nine hours starting no later than midnight and ending no earlier than 5 am.) of seafarers under the age of 18 shall be prohibited.
Exception if;
(a) the effective training of the seafarers concerned, in accordance with. established programmes and schedules, would be impaired; or
(b)
the specific nature of the duty or a recognized training programme
requires that the seafarers covered by the exception perform duties at
night and the authority determines, after consultation with the
shipowner's and seafarers' organizations concerned, that the work will
not be detrimental to their health or well-being.
- For seafarer of age 18 shall be prohibited where the work is likely to jeopardize their health or safety.
- Regarding working and living conditions, special attention to be -given to the needs of young persons under the age of 18.
- For seafarer of age 18 shall be prohibited where the work is likely to jeopardize their health or safety.
- Regarding working and living conditions, special attention to be -given to the needs of young persons under the age of 18.
E. Seafarers Employment agreements
- Under MLC Title 2. Condition Of Employment, Regulation 2.1 — Seafarers employment agreements are prescribed.
Purpose: To ensure that seafarers have a fair employment agreement
1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code.
2. Seafarers' employment agreements shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing.
3. To the extent compatible with the Member's national law and practice, seafarers' employment agreements shall he understood to incorporate any applicable collective bargaining agreements.
- Under MLC Title 2. Condition Of Employment, Regulation 2.1 — Seafarers employment agreements are prescribed.
Purpose: To ensure that seafarers have a fair employment agreement
1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code.
2. Seafarers' employment agreements shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing.
3. To the extent compatible with the Member's national law and practice, seafarers' employment agreements shall he understood to incorporate any applicable collective bargaining agreements.
- Under MLC Title 2. Condition of Employment, Regulation 2.3 — Hours of work and hours of rest is given.
Purpose: To ensure that seafarers have regulated hours of work or hours of rest
1. Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated.
2. Each Member shall establish maximum hours of work or minimum hours of rest over given periods that are consistent with the provisions in the Code.
Other requirements of this regulation is;
- For the purpose of this Standard, the term:
(1) Hours of work means time during which seafarers are required to do work on account of the ship;
(2) Hours of rest means time outside hours of work; this term does not include short breaks.
The limits on hours of work or rest shall be as 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
(b) Minimum hours of rest shall not be less than:
(i) 10 hours in any 24-hour period; and
(ii) 77 hours In any seven-day period.
Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.
Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by International instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not Induce fatigue.
When a seafarer is on call, such as when a machinery space is unattended; the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.
Comments
Post a Comment