1. MARITIME LABOUR CONVENTION

2. Fisher’s work agreement
Member to adopt laws, regulations or other
Measures compelling:
Flag-flying vessels to conclude Ship owner’s Seafarer Employment Agreement
Setting minimum particulars in such agreements

3. Fisher’s work agreement
a) South African Seafarer employed by an ‘International ship`owner’ (non-SA Flagged vessel) operating internationally; i.e. Ship owner’s Seafarer Employment Agreement
MLC and the flag States domestic legislation applies we do not have jurisdiction

4. Fisher’s work agreement
b) South African Seafarer employed by an ‘International ship’owner’ (non-SA Flagged vessel) operating locally, within SA waters; i.e. Ship owner’s Seafarer Employment Agreement
MLC and the flag States domestic legislation applies we do not have jurisdiction
c) South African Seafarer working onboard an Internationally registered vessel (non-SA Flagged vessel) operating internationally, but engaged via a South African registered Seafarer Recruitment and Placement Agent; i.e. SA Agent’s Seafarer Employment Agreement
Recruitment agencies are audited and approved, assuming they meet the required standard, a certificate is issued in terms of the Convention and is valid for 5 years.
DoT have not promulgated the Merchant Shipping( Seafarer Recruitment) Regulations since 2007.

5. MLC-Port state control
every foreign ship calling, in its normal course of its business or for operational reasons, in a port may be subject of inspection by an authorized officer of the port State under an effective port State inspection and monitoring system, for the purpose of reviewing compliance with the requirements of the Convention relating to the working and living conditions of seafarers on the ship;

6. Labour certificate
a valid maritime labour certificate and declaration of maritime labour compliance must be accepted as prima facie evidence of compliance. The inspection must then be limited to a review of the certificate and declaration, except in specific cases;

7. Working & living conditions
a more detailed inspection may or must be carried out in the cases where the working and living conditions believed or alleged to be defective could constitute a clear hazard to the safety, health or security of seafarers or where the authorized officer has clear grounds to believe that any deficiency constitute a serious breach of the requirements of the Convention.
prescribed procedures must be followed where deficiencies or non-conformities are found, including the detention of the ship in port until rectification or acceptance by the authorized officers of a plan of action for rectification.
all possible efforts must be made to avoid a ship being unduly detained or delayed and compensation must be paid for any loss or damage where a ship is found to be unduly detained or delayed

8. Thank You…