Transcript Conditions of Employment

Introduction to
Maritime Labour
Convention
Seafarers’ Conditions of Employment
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Session Structure
Title 1: Minimum requirements for seafarers to work on a ship
• Minimum age, medical certificate, training and
qualifications and recruitment and placement.
Title 2: Conditions of Employment
• Seafarers’ employment agreements, wages (overtime and
entitlements), hours of work and hours of rest, entitlement
to leave, repatriation, seafarer compensation for the ship’s
loss or foundering, manning levels and career and skill
development and opportunities for seafarers’
employment.
CONDITIONS OF EMPLOYMENT
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Session Structure
Title 3: Accommodation, recreational facilities, food and
catering
• Accommodation and recreational facilities and food
and catering.
Title 4: Health protection, medical care, welfare and social
security protection
• Medical care on board ship and ashore, shipowners’
liability, health and safety protection and accident
prevention, access to shore-based welfare facilities
and social security.
CONDITIONS OF EMPLOYMENT
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Minimum Requirements for
Seafarers to Work on a Ship
•
•
•
•
Minimum age.
Medical certificate.
Training and qualifications.
Recruitment and placement.
CONDITIONS OF EMPLOYMENT
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Seafarers’ Employment
Agreement
Purpose: To ensure that seafarers have a fair employment
agreement.
•
The terms and conditions for employment of a seafarer shall be
set out or referred to in a clear written legally enforceable
agreement.
•
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.
•
Seafarers’ employment agreements shall be understood to
incorporate any applicable collective bargaining agreements.
CONDITIONS OF EMPLOYMENT
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What must be in the
Employment Agreement?
Seafarer’s full name, date of birth/age
and place of birth
Expiry date
Shipowner’s name and address
Port of destination - if the contract is
for a specific voyage
Place where and date when the
agreement was signed
Health and social security benefits
provided by the shipowner
Position on board
Details of entitlement to repatriation
Amount of seafarer’s wages and how
they are calculated
Reference to the CBA, if applicable
Amount of paid annual leave
Any other details required by national
law
Conditions for terminating the
contract, including notice period
CONDITIONS OF EMPLOYMENT
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Wages
Purpose: To ensure that seafarers are paid for their services.
•
Seafarers have the right to be paid regularly and in full, at least
monthly.
•
The shipowner must provide the seafarer with a monthly
account.
•
Basic pay or wages means pay for normal hours of work. Basic
pay should never be less than the recommended minimum
wage.
•
If seafarers are members of a trade union, their wages will
often be negotiated between shipowner and trade union.
•
The ILO (JMC) sets a recommended minimum wages for Able
Seafarers.
CONDITIONS OF EMPLOYMENT
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Overtime
• If a seafarer is required to work more than their normal
hours of work they should get paid overtime.
• Overtime records shall be kept by the Captain and
endorsed at least monthly by the seafarer.
•
If a seafarer has to work on a day that is specified a day
of rest or a public holiday either by national laws or the
terms of seafarers’ Collective Bargaining Agreement,
then the seafarer should be entitled to overtime
payment or time off in lieu.
CONDITIONS OF EMPLOYMENT
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Entitlements
• Seafarers on the same ship should be paid equal pay for
equal work without discrimination.
• Seafarers’ employment agreements have to be available
on board including rates of pay.
• Seafarers’ shall be paid in full for any outstanding
remuneration on termination of engagement.
• There should be a system in place to penalise owners
that don’t pay.
• No deductions can be made from seafarers’ pay.
• Any charges that are made, shall be fair and reasonable.
CONDITIONS OF EMPLOYMENT
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Hours of Work
and Hours of Rest
Purpose: To ensure that seafarers have regulated hours of
work or hours of rest.
•
Hours of work and rest are regulated to avoid fatigue and
to ensure that the ship is operated safely.
•
The flag State can decide whether to base the limits on
maximum hours of work or minimum hours of rest.
Maximum hours of work
•
Seafarers must not work more than 14 hours in any 24
hour period.
•
Seafarers must not work more than 72 hours in any
seven-day period.
CONDITIONS OF EMPLOYMENT
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Hours of Work
and Hours of Rest
Minimum hours of rest
•
Seafarers must have at least 10 hours of rest in any 24 hour
period.
•
Seafarers must have at least 77 hours rest in any seven day
period.
•
The hours of rest can be divided into no more than two
periods, one of which must be at least six hours long.
•
Seafarers cannot work more than 14 hours without taking rest.
Normal working hours are based on:
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An eight hour day.
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One day rest per week.
•
Rest on public holidays.
CONDITIONS OF EMPLOYMENT
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Entitlement to Leave
Purpose: To ensure that seafarers have adequate leave.
•
Seafarers are entitled to paid annual leave and shore
leave.
•
The entitlement is calculated on the basis of a minimum
of 2.5 days for every calendar month of employment.
The following should not be counted as annual leave:
•
Public and customary holidays
•
Time off for illness, injury or maternity.
•
Temporary shore leave.
•
Compensatory leave.
CONDITIONS OF EMPLOYMENT
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Repatriation
Purpose: To ensure that seafarers are able to return home.
• Seafarers have a right to be repatriated at no cost to
themselves.
• The maximum period a seafarer can be expected to serve
on board before being entitled to repatriation at the
shipowner’s expense is 12 months.
• Shipowners are not allowed to ask seafarers for a
contribution nor can they make a deduction from their
wages towards the cost of repatriation unless seafarers
have seriously breached the terms of their employment
agreement.
• If the shipowner fails to pay for seafarers’ repatriation,
the flag State must take over this responsibility.
CONDITIONS OF EMPLOYMENT
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Seafarer Compensation for the
ship’s loss or foundering
Purpose: To ensure that seafarers are compensated when
a ship is lost or has foundered.
• Seafarers are entitled to adequate compensation in the
case of injury, loss or unemployment arising from the
ship’s loss or foundering.
• In every case of loss or foundering of any ship, the
shipowner shall pay to each seafarer on board an
indemnity against unemployment. This may be limited to
two month’s wages.
CONDITIONS OF EMPLOYMENT
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Manning Levels
Purpose: To ensure that seafarers work on board ships with
sufficient personnel for the safe, efficient and secure
operation of the ship.
• Seafarers have the right to work on a safely and securely
operated ship.
• There must be adequate crew on board (number and
qualifications) to ensure the safety and security of the
ship and all those on board.
• Manning levels must take into account the need to avoid
excessive hours of work, ensure sufficient rest, limit
fatigue and the nature and conditions of the voyage.
• There should be a complaints procedure in place to allow
concerns to be raised with the flag State.
CONDITIONS OF EMPLOYMENT
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Career and Skill Development and
Opportunities for Seafarers’ Employment
Purpose: To promote career and skill development and
employment opportunities.
• Employment in the maritime sector should be promoted
through national policies to encourage career and skill
development and greater employment opportunities for
seafarers.
• The aim of national policies shall be to help seafarers
strengthen their competencies, qualifications and
employment opportunities.
• Clear objectives should be established for the vocational
guidance, education and training of seafarers whose
duties on board ship primarily relate to the safe
operation and navigation of the ship, including ongoing
training.
CONDITIONS OF EMPLOYMENT
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Accommodation and
Recreational Facilities
Purpose: To ensure that seafarers have decent accommodation
and recreational facilities on board.
•
Seafarers are entitled to safe and decent living and recreational
facilities on board.
•
Any requirement relating to the provision of seafarer
accommodation and recreational facilities shall apply only to
ships constructed on or after the amendment takes effect.
•
Inspections have to be carried out when a ship is registered, reregistered or when substantial alterations are made to the
seafarer accommodation on board. fatigue and the nature and
conditions of the voyage.
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When setting accommodation and recreational guidelines,
attention must be given to design and construction, heating and
ventilation, lighting, sleeping rooms, mess rooms, noise and
vibration, sanitary facilities, hospital accommodation.
CONDITIONS OF EMPLOYMENT
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Food and Catering
Purpose: To ensure that seafarers have access to good
quality food and drinking water provided under regulated
hygienic conditions.
• Food and drinking water served on board must be of
appropriate quality, nutritional value, and quantity and
takes into account the differing cultural and religious
backgrounds.
• Seafarers on board a ship shall be provided with food free
of charge during the period of engagement.
• Seafarers employed as ships’ cooks with responsibility for
food preparation must be trained and qualified for their
position on board ship.
CONDITIONS OF EMPLOYMENT
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Health Protection, Medical
Care, Welfare and Social Scurity
Protection
•
•
•
•
•
Medical care on board ship and ashore.
Shipowners’ liability.
Health and safety protection and accident prevention.
Access to shore-based welfare facilities.
Social security.
CONDITIONS OF EMPLOYMENT
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Summary
Any Questions?
CONDITIONS OF EMPLOYMENT
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