1. TITLE 2 – CONDITIONS OF EMPLOYMENT
SESSION 5 & 6
TITLE 2 – CONDITIONS OF EMPLOYMENT

2. AIM To discuss the MLC,2006 requirements associated with:
Seafarers’ employment agreements (SEAs);
Wages;
Hours of work and hours of rest;
Entitlement to leave;
Repatriation;
Seafarer compensation for the ship’s loss or foundering;
Manning levels;
Career and skill development and opportunities for seafarers’ employment. RP

3. SEAFARERS’ EMPLOYMENT AGREEMENTS (SEAs) (Regulation 2. 1. Standard A2
SEAFARERS’ EMPLOYMENT AGREEMENTS (SEAs) (Regulation 2.1. Standard A2.1. Guideline B2.1)
Purpose:
To ensure that seafarers
have a fair employment agreement

4. Requirements Seafarers
… shall have a seafarers’ employment agreement (SEA)
…providing them with decent working and living conditions on board the ship as required by this Convention;” RP

5. Basic requirements
All seafarers must have a signed SEA which may take a number of forms including:
incorporation in a collective bargaining agreement (CBA);
specified particulars.
In addition:
terms must be clear;
must have been freely accepted with sufficient understanding. RP

6. Records of employment
- Discharge book or certificate of Discharge RP

7. Preparing for inspection
Make records available
Office based review
Interviews on board RP

8. DMLC – PART II This section should include:
Confirmation that the seafarers’ employment agreements (SEA) include the items listed in paragraph 4 of Standard A2.1.
A statement indicating whether a workforce agreement/collective bargaining aggreement forms all or part of the SEA.
Confirmation that the seafarer has been given a signed original copy of the SEA and how this is recorded.
Confirmation that the seafarer has been given an opportunity to examine and seek advice prior to signing the SEA and how this is recorded.
The method used to provide seafarers with a record of employment on board the ship.
The procedure for granting shore leave.
Annual leave provision and how this is calculated.

9. WAGES (Regulation 2.2, Standard A2.2, Guideline B2.2)
Purpose; to ensure that seafarers are paid for their services RP

10. Requirements All seafarers must: be paid for their work,
- at no greater than monthly intervals, and
- in full;
receive monthly accounts;
be able to transmit earnings to their families, dependants or legal beneficiaries. RP

11. Preparing for inspection
MLC, Wages
Preparing for inspection RP

12. DMLC PART II This section should include:
Information concerning payslips
Charges for allotments
Frequency of the payment of wages
How the rate of exchange is determined

13. to ensure that seafarers have regulated hours of work or hours of rest
HOURS OF WORK AND HOURS OF REST (Regulation 2.3, Standard A2.3, Guideline B2.3)
Purpose:
to ensure that seafarers have regulated hours of work or hours of rest RP

14. Basic requirements Minimum hours of rest must not be less than:
ten hours in any 24-hour period; and
77 hours in any seven-day period.
Hours of rest may be divided into no more than two periods:
one of the periods must be at least six hours in length; and
the interval between consecutive periods must not exceed 14 hours.
Normal working hours’ standard based on:
an eight-hour day;
one day rest per week;
rest on public holidays. RP

15. Other provisions
Musters, fire-fighting and lifeboat drills and other prescribed drills must be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue.
Seafarers on call, such as when a machinery space is unattended, must have adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work RP

16. Table of working arrangements
be posted in an easily accessible place.
contain for every position at least:
- the schedule of service at sea and service in port; and
- the minimum hours of rest or maximum hours of work required by national laws or regulations or applicable collective agreements.
be in a standardised format in the ship’s working language(s) and English. RP

17. Suspension Suspension in emergencies of the schedule of hours or rest
or of work
Adequate period of rest for
seafarers’ affected RP

18. Records
Maintained for seafarers in a standardized format in the ship’s working language(s) and English
Endorsed by the Master or authorized person and by the seafarer concerned
The seafarers must receive a copy of the records pertaining to them. RP

19. Young seafarers (UK)
Rest period of at least 12 hours in each 24 hour rest period.
Rest period of at least 2 days, consecutive if possible, in each week.
Exceptions in certain circumstances
A 30 minute rest period after each 4.5 hour period of work. RP

20. DMLC – PART II This section should include information on:
Where the schedule is posted up.
Who monitors the hours of work/rest for compliance both on board and ashore.
Under what circumstances can the schedule be suspended.
How are any suspensions recorded.
How details of any compensatory rest periods granted resulting from the schedule being suspended are recorded.

21. Preparing for inspectionRP

22. ENTITLEMENT TO LEAVE (Regulation 2.4, Standard A2.4, Guideline B2.4)
Purpose:
to ensure that seafarers
have adequate leave RP

23. Basic requirements Seafarers must be: given paid annual leave: and
granted shore leave.
Agreements to forgo minimum annual leave are prohibited
(except in cases provided for by the competent authority) RP

24. Calculation of entitlement
The following is counted as part of the period of service
service off-articles.
justified absences from work:
- at an approved maritime vocational training course;
- illness or injury; or
- maternity;
- public holidays;
- shore leave;
compensatory leave.
Paid leave at the seafarer’s normal remuneration level. RP

25. Taking of leave To be agreed wit the employer time of annual leave
place of annual leave
free transportation where seafarer required to take leave in a specified place
recall from annual leave (eg in an emergency) RP

26. Preparing for InspectionRP

27. Repatriation
Purpose:
to ensure that seafarers are able to return home

28. Basic requirements Seafarers have a right to be:
repatriated;
at no cost to themselves;
in the circumstances and under the conditions specified in the Code.
Shipowner must provide financial security
No advance payment by seafarer or (except in one case) recovery of payment from seafarer
Seafarers to have copy of national provisions RP

29. Basic Requirements
Repatriation is required where, after a specified period of service when:
The SEA expires when the seafarer is abroad
The SEA is terminated :
- by the shipowner or
- by the seafarer in justified circumstances.
Seafarers can no longer carry out duties, or be expected to do so in the circumstances

30. Precise entitlements Cost of transport by air to:
- the place of the seafarers engagement,
- the place stipulated by collective agreement
- the seafarer’s country of residence
- a place agreed at the time of engagement at the choice of the seafarer
Accommodation and food until destination
Pay and allowances until destination
Transport of 30kg of personal luggage
Necessary medical treatment
Time needed for repatriation not to be deducted from accrued leave.

31. Preparing for inspectionRP

32. Manning Levels (Reg 2.7, Standard A.2.7,Guideleine B2.7)
Purpose :
- To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship.

33. Basic requirements The following should be included :
A statement to the effect that the ship will be manned in accordance with national and international regulations
A statement to the effect that the contents of the safe manning document will be adhered to at all times.
Information on who the master should contact if he has any concerns regarding manning.

34. Preparing for inspectionRP

35. DMLC – PART II The following should be included:
A statement to the effect that the ship will be manned in accordance with national and international regulations.
A statement to the effect that the contents of the safe manning document will be adhered to at all times.
Information on who the master should contact if he has any concerns regarding manning.