CONSOLIDATED MARITIME LABOUR CONVENTION Draft Merchant Shipping (Seafarer Recruitment and Placement) Regulations

Convention Regulation 1.4-Recruitment and placement 2. Seafarer recruitment and placement services operating in a Member’s territory shall conform to the standards set out in the Code Standard A1.4-Recruitment and placement 2. “they shall be operated only in conformity with a standardized system of …. form of regulation” 5. Lays down the minimum criteria for the regulations 6. “Closely supervise and control” granting and renewing after verification meet the requirements 8. Advise where the appoint to a ship is where the flag has not ratified

Regulation 5. 3-Labour supplying responsibilities 1 Regulation 5.3-Labour supplying responsibilities 1. “ensure implementation of the convention … of sefrers that are its nationals or are resident in its territory” 3. establish an effective inspection and monitoring system for enforcing its responsibilities 4. Methods used in assessing effectiveness included in the article 22 report

Draft Regulations Definitions SR&P Service recruits and places on behalf of the shipowner Application Any SR&PS that recruits or places on ships to which the Convention applies Recruitment and Placement Not allowed to operate unless accredited Ship owner must check acreditation

Accreditation Address of agency, name of placement agent, QMS Documentation: Act , MS (SMT&C) Regs, Conventions MLC & Declaration Parts 1 & 2 Contracts available for 5 years Allows for ad-hoc audits Revocation Variation or revocation 30 days notice Publish a Marine Notice MN 6 of 2016

South African Process It is decided to draft one set of amendments to give effect to both MLC and C188 Work in Fishing Need to convince fishing employers that labour standards in fishing industry will be lifted above C188 requirements Both MLC and draft C188 are put through a needs analysis for amendment. 1. MSA Amendment Bill 2. Amendment to; a. Safe Manning Regulations b. Crew Accommodation Regulations c. Provisions Regulations d. Bedding, Towels, Mess Utensils and other articles for Personal Use Regulations

Fees and other charges No charge to the seafarer for recruiting, placing or providing employment Cost of visa is for the shipowner Charges allowed for; medical certificate MSA S101(6) does not allow charges seaman’s record book passport training

Duties of SR&P services Maintain an up to date register Seafarers are informed of their rights and duties Review and receive a copy of the agreement Verify qualifications Ensure shipowner has means of repatriation: 2014 Amendment Examine and respond to complaints Insurance for failure of the SR&P service Advise if Flag State has not ratified the Convention Conditions applicable to the job and owners policies Financial protection for accidents, death & funerals, loss of belongings and repatriation Confidentiality and NO BLACK BALLING

CONTRACTS OF EMPLOYMENT Full names of contracting parties Full name, passport and ID numbers of seafarer Name and contact details of next of kin Place and date of contract Date contract terminates Capacity of employment Wages, including overtime and any other compensation Leave entitlement Deductions Frequency of payments Notice periods Any collective bargaining agreement in place Accident and death insurance cover Any other obligations that either party may agree COPY OF THE CONTRACT MUST BE GIVEN TO THE SEAFARER

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