Merchant Shipping (Seafarer’s Employment) Regulations 2013
FA E R
N
AT F
TQUO U
BERMUDA
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
BR 107 / 2013
TABLE OF CONTENTS
Citation
Interpretation
Application
Seafarer’s to have employment agreements
Maximum length of a seafarer’s employment agreement
Record of employment
List of crew
Carriage of employment agreements
Collective bargaining agreements
Notice periods in seafarer’s employment agreements
Termination of a seafarer’s employment agreement
Termination of a seafarer’s employment agreement due to serious misconduct or
incompetence
Content of seafarers employment agreements
Entitlement to leave
Shipowner’s liability
Limitation of shipowner’s liability
Entry into a seafarer’s employment agreement
Recruitment of seafarers
Property of deceased, injured or sick seafarers
Complaints
Disciplinary procedures to be created
Penalties
Inspection
Revocation
Commencement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
The Minister responsible for Maritime Administration, in exercise of the power
conferred by sections 3, 7, 38, 39, 40 and 45 of the Merchant Shipping Act 2002, makes
the following Regulations:
Citation
These Regulations may be cited as the Merchant Shipping (Seafarer’s Employment)
Regulations 2013.
Interpretation
(1) In these Regulations—
“collective bargaining agreement” means an agreement in writing between the
company and a recognised trade union which is independent and which is
recognised in its country of domicile and which has validity for not more than
5 years;
“commercial activity” means any activity or employment of the vessel for which a
contract or charter party is in force and includes the carriage of any cargo or
persons for reward;
“independent” in relation to a trade union means not under the domination or
control of an employer or a group of employers or of one or more employer’s
associations and not liable to interference by an employer or any such group
or association arising out of financial or material support or any other means
tending towards such control;
“International Bargaining Forum” means the committee set up by the International
Maritime Employer’s Committee and including representatives of the seafarer’s
trades unions and shipping employers;
“Load Line Convention” means the International Convention on Loadlines 1966 as
amended;
“Maritime Labour Certificate” means the certificate issued under Title 5 of the
Maritime Labour Convention 2006;
“Maritime Labour Convention” means the Maritime Labour Convention 2006,
adopted at a general conference of the International Labour Organization in
Geneva on 7 February 2006;
“MARPOL Convention” means the International Convention for the Prevention of
Pollution from Ships 1973 as modified by the protocol of 1978 and as
amended;
“pleasure vessel” means–
a vessel which, at the time it is being used, is-
in the case of a vessel wholly owned by an individual or individuals,
used only for the sport or pleasure of the owner or immediate family or
friends of the owner; or in the case of a vessel owned by a body
corporate, used only for sport or pleasure and on which the passengers
1
2
(a)
(i)
2
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
are employees or officers of the body corporate, or their immediate
family or friends; and
on a voyage or excursion which is one for which the owner does not
receive money for or in connection with operating the vessel or carrying
any person, other than as a contribution to the direct expenses of the
operation of the vessel incurred during the voyage or excursion, and no
payments are made by or on behalf of the users of the vessel other than
by the owner; or
any vessel wholly owned by or on behalf of a member’s club formed for the
purpose of sport or pleasure which, at the time it is being used, is used
only for the sport or pleasure of members of that club or their immediate
family; and for the use of which any charges levied are paid into club funds
for the general use of the club; and no other payments are made by or on
behalf of users of the vessel other than by the owner, and for the purposes
of this definition “immediate family” means in relation to an individual, the
husband or wife of the individual and a relative of the individual or the
individuals husband or wife and “relative” means brother, sister, ancestor
or lineal descendant;
“Port State Control Authority” means the authority in any country assigned the
responsibility under Article V of the Maritime Labour Convention for the
inspections of ships in its territory;
“seafarer” means any person, including a master, who is employed or engaged or
works on any capacity on board a ship, on the business of the ship and where
there is doubt as to whether a person working or engaged on a ship is a seafarer
and subject to these Regulations the Minister shall make a determination and
in doing so he shall be guided by the advice and guidance provided by the
International Labour Organization;
“shipowner” means the owner of the ship or another organization or person such
as a manager, an agent, or a bareboat charterer, who has assumed the
responsibility for the operation of the ship from the owner;
“SOLAS” means the International Convention for the Safety of Life at Sea 1974 and
its Protocol of 1988 as amended;
“STCW Convention” means the Standards of Training, certification and
Watchkeeping Convention 1978 as amended in 1995 and including any
amendments subsequently;
“voyage” means–
the time beginning when a seafarer starts work on board a ship and the
time when his seafarers employment agreement, for work on board a ship,
is terminated; or
the time beginning when a seafarer starts work on board a ship and the
time when a seafarer goes on leave (including vacation leave or sick leave).
(ii)
(b)
(a)
(b)
3
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
Application
These Regulations apply to—
Bermuda ships, wherever they may be, other than–
fishing vessels;
vessels owned and operated by the Bermuda Government or an Agency
of the Bermuda Government for non-commercial purposes;
pleasure vessels in which no seafarers are employed; and
to the extent specified in regulation 23, these Regulations apply to ships
that are not Bermuda ships when in a port in Bermuda other than—
fishing vessels;
pleasure vessels; and
warships, naval auxiliaries and other ships owned or operated by a
state and not engaged in commercial activity.
Seafarer’s to have employment agreements
It shall be the duty of a shipowner to ensure that every seafarer employed in a ship
for which he is responsible is provided with a seafarer’s employment agreement which shall
be in writing and which shall comply with the requirements of these Regulations and which
may be—
an agreement for a single voyage;
an agreement for a determinate period of time covering more than one
voyage on a ship or ships operated by the shipowner, or
a continuous agreement for an indeterminate period of time covering
multiple voyages on one or more ships operated by the shipowner.
Maximum length of a seafarer’s employment agreement
A single voyage agreement shall be for a maximum period of 9 months and shall
clearly indicate the date on which the voyage is expected to commence and the date on
which the agreement is expected to terminate.
A single voyage agreement may be terminated by the shipowner and the
seafarer repatriated on a date within the period one month before or one month after the
termination date in paragraph (1) where the nature of the voyage is such that it places an
unnecessary burden on the shipowner to terminate the agreement on the exact termination
date in paragraph (1).
An agreement for a determinate time or a continuous agreement shall state
clearly the maximum length of any voyage that the seafarer is expected to undertake during
the time of the agreement and that length shall not exceed [6 months] provided that where
it is not readily possible for the shipowner to repatriate the seafarer at the end of the stated
period the voyage length may be extended for a maximum of one month.
3
(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)
4
(a)
(b)
(c)
5 (1)
(2)
(3)
4
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
Record of employment
At the termination of every period of employment on a ship it shall be the duty
of the master to ensure that each seafarer, on leaving the ship, is provided with a written
record of his employment on that ship.
The record of employment shall not contain any statement referring to the
quality of the seafarer’s work or the amount of the seafarer’s wages and shall be signed by
a representative of the shipowner and stamped with the ship’s stamp and shall, as a
minimum include the—
date of starting employment on board;
capacity in which the seafarer was employed;
name of the ship;
IMO number of the ship; and
date on which the seafarer ceased to be employed in the ship.
Where the seafarer holds a discharge book, the record of employment may be
entered in that book provided that the minimum information stated in subparagraph (2) is
included. Where the seafarer does not hold a discharge book the record of employment shall
be issued in a form approved by the Minister.
List of crew
Whenever a seafarer commences employment in any Bermuda ship his name,
the capacity in which he is employed, his passport or seaman’s identity document number,
his date of birth and the date of starting work on board shall be recorded on a list of crew.
Whenever a seafarer’s employment terminates on the ship for any reason the
date on which he ceases employment on board shall be recorded on the list along with a
note of the reason for the termination of employment.
The list of crew required by paragraph (1) may be in electronic form provided
that if it is, it shall be duplicated ashore and secure from loss and shall be available on
board for a period of at least 3 years following the departure of the last seafarer on it and
may be inspected at any time by an officer authorised by the Minister.
Carriage of employment agreements
Every seafarer on commencing employment in a Bermuda ship—
shall have in his possession an original copy of his employment agreement
signed by himself and by the shipowner or a representative of the
shipowner; or
shall have access at any reasonable time during working hours to an
electronic copy of the original signed agreement which is also available to
the master of the ship and to any officer authorised by the Minister or an
authorised Port State Control Authority officer.
6 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
7 (1)
(2)
(3)
8 (1)
(a)
(b)
5
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
Where any of the terms included in a seafarer’s employment agreement are set
out in a separate set of conditions of employment or in a collective bargaining agreement
these shall be referred to in the seafarer’s employment agreement and shall form part of
that employment agreement and a copy of those conditions or that collective bargaining
agreement shall be available on board to all seafarers including the master at any
reasonable time during working hours and available for review by an officer authorised by
the Minister or by a duly authorised Port State Control Authority officer in a port outside
Bermuda.
Collective bargaining agreements
Where some or all of the content of a seafarer’s employment agreement is
formed by a collective bargaining agreement a copy of that agreement shall be carried
aboard the ship and available to any of the seafarer’s at any reasonable time during working
hours.
Where a collective bargaining agreement is not expressed in English there shall
be available on board an English translation of any of those parts that address—
minimum age;
medical certification;
qualifications of seafarers;
seafarers employment agreements;
use of licensed or certified or regulated private recruitment and placement
service;
hours of work or rest;
manning levels for the ship;
on-board recreational facilities;
food and catering;
health and safety and accident prevention;
on-board medical care;
on-board complaint procedures; and
payment of wages.
Notice periods in seafarer’s employment agreements
Every seafarer’s employment agreement shall contain a clear statement of the
conditions under which the agreement may be terminated early by either party on giving
notice and the length of notice required to terminate the agreement.
The period of notice required by either party to terminate a seafarer’s
employment agreement during the time that the seafarer is serving on board a ship shall
be not less than—
(2)
9 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
10 (1)
(2)
6
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
7 days in the case of seafarers employed on a voyage agreement;
7 days in the case of seafarers employed on an agreement for a determinate
time or a continuous agreement during their first voyage under that
agreement;
one calendar month in the case of seafarers employed on an agreement for
a determinate time or a continuous agreement during the second and
subsequent voyages under that agreement.
Every seafarer’s employment agreement shall include terms specifying the
circumstances set out in regulation 11 when the agreement may be terminated by mutual
consent and without penalty at shorter notice than that specified in paragraph (2) or
without notice if the details of such circumstances are not contained in an applicable
collective bargaining agreement.
Termination of a seafarer’s employment agreement
A seafarer’s employment agreement shall terminate—
in the case of a single voyage agreement or an agreement for a determinate
time on the agreed date for termination, or
in every case on the expiry of the notice period when either party gives
notice in accordance with the seafarer’s employment agreement.
Every seafarer’s employment agreement shall provide for its termination
without notice in cases where—
there is the death or serious illness of a spouse, a partner or a child;
there is the death or serious illness of a parent in the case of a single
seafarer; or
the seafarer is unable to continue to perform his duties on board due to
injury or illness.
A seafarer may terminate a seafarer’s employment agreement without notice
and without penalty on any occasion when—
the ship in which he is serving is detained for non-compliance with any of
the provisions of SOLAS, the Load Line Convention, the STCW Convention,
MARPOL Convention, or the Maritime Labour Convention and remains so
detained for a period of 30 days;
the ship in which he is serving is arrested and remains under arrest for a
period of 30 days; or
the vessel in which he is serving is about to sail into a warlike area as
defined by the ship’s insurers and to which the seafarer does not consent
to go.
The shipowner may terminate a seafarer’s employment agreement without
notice on any occasion when—
(a)
(b)
(c)
(3)
11 (1)
(a)
(b)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(4)
7
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
the ship has been laid up for a continuous period of at least 30 days;
the ship is sold;
the ship is lost; or
the seafarer is unable to continue to perform his duties on board as a result
of injury or illness.
On any occasion that a seafarer’s employment agreement is terminated in
accordance with subparagraphs (3)(a), (3)(b), (3)(c) or (4)(a), (4)(b), (4)(c) or the seafarer shall
be entitled to compensatory payments amounting to not less than two months wages at the
rate of basic pay expressed in his seafarer’s employment agreement and to the amount of
paid leave accrued during his period of service on board to the date of termination.
Termination of a seafarer’s employment agreement due to serious misconduct or
incompetence
A shipowner may terminate a seafarer’s employment agreement without notice
on any occasion when it is established through an agreed disciplinary process that the
seafarer has been involved in any of the following matters—
smuggling;
possession of narcotics, explosives, weapons or similar items;
desertion;
assault on a passenger or another seafarer;
inability of the seafarer to perform his duties on board through misuse of
alcohol or drugs;
failure of a drugs test;
theft, or wilful damage to the ship or its equipment;
smoking in an area where smoking is prohibited;
failure to comply with a public health requirement;
the provision of any assistance to stowaways, or other persons attempting
to breach the ship’s security arrangements;
a refusal of the seafarer to obey a lawful order, provided that a refusal to
sail shall not be serious misconduct where the circumstances in regulation
11(3)(a) or 11(3)(b) apply; or
the seafarer is unable to perform his duties through incompetence.
When a seafarer’s employment agreement is created the shipowner may include
additional matters that are to be regarded as serious misconduct and these shall have effect
provided that the approved Declaration of Maritime Labour Compliance Part 2 specifies the
additional items and they are included in the seafarer’s employment agreement or in the
conditions attached to it.
(a)
(b)
(c)
(d)
(5)
12 (1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(2)
8
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
When a seafarer’s employment agreement is terminated in accordance with
these Regulations the seafarer shall not be entitled to the compensatory wages in regulation
10 and may be liable of the costs of repatriation in accordance with the Merchant Shipping
(Repatriation) Regulations 2013 and the Merchant Shipping (Seafarer’s Wages) Regulations
2013.
Content of seafarers employment agreements
Every seafarer’s employment agreement shall be expressed in English and any
other documents such as the terms and conditions, disciplinary procedures, or complaints
procedures shall also be in English, but where the seafarer’s first language is not English,
a translation into the seafarer’s language may be provided but in such a case the definitive
version shall be the English version.
Every seafarer’s employment agreement shall include the—
seafarer’s full name, date of birth or age, and nationality;
shipowner’s name and address;
place where the seafarer’s employment agreement is entered into and the
date on which it is entered into,
capacity in which the seafarer is to be employed,
amount of wages to be paid under the agreement and, where overtime is
separate from basic pay, the rate for overtime payments;
amount of annual leave, or paid leave due under the employment
agreement or the method to be used to calculate it;
hours of work to be undertaken by the seafarer;
in the case of a single voyage, agreement on the intended port of destination
where this is known and the date on which the agreement is to terminate;
in the case of an agreement for a determinate time, the date on which it is
agreed the agreement will terminate;
the conditions under which either party may terminate the agreement and
the required notice period which shall be not less than that specified in
regulation 9; or
where a separate set of terms and conditions or a collective bargaining
agreement form part of the employment agreement a reference to the fact
that those terms and conditions or collective bargaining agreement are to
be read as forming part of the employment agreement.
In addition to the particulars in paragraph (1) every seafarer’s employment
agreement or the terms and conditions forming part of it shall include—
the health and social security protection benefits to be provided to the
seafarer by the shipowner; and
details of the seafarer’s right to repatriation.
(3)
13 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(3)
(a)
(b)
9
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
Entitlement to leave
Every seafarer shall receive at least two and a half days paid leave for every
calendar month of service paid at no less than the rate of basic pay stated in the seafarer’s
employment agreement or the paid leave agreed in any applicable collective bargaining
agreement covering the seafarer provided that it amounts to not less than two and a half
days for every calendar month of service paid at the rate of basic wages.
Where a period of service is less than one month, a seafarer shall be entitled to
the proportion of paid annual leave in paragraph (1) equal to the proportion the period of
employment bears to one month, the proportion to be determined in whole days and a
fraction of a day shall be treated as a whole day.
Where there is no collective bargaining agreement in addition to the paid leave
specified in paragraph (1) every seafarer shall receive an additional 1.5 days of paid leave
for each month of service for public holidays.
Leave due to a seafarer may be taken in instalments but shall not be replaced
by a payment in lieu except where the seafarer’s employment agreement is terminated.
Temporary shore leave shall be granted to each seafarer whenever practicable
during the course of his employment on board a ship and shall not be counted as a part of
leave.
On any occasion that a seafarer is absent from work to attend a maritime
training course agreed by the shipowner or is absent from work for reasons of illness,
maternity or injury, the time accrued shall not be deducted from the paid leave due to the
seafarer.
Shipowner’s liability
The costs of medical care for any seafarer arising from sickness or injury during
the period from the date a seafarer commences work on board a ship to the date when the
seafarer is repatriated shall be paid by the shipowner.
The shipowner shall be liable in the case of every seafarer to provide financial
security sufficient to ensure compensation to any seafarer in the event of the death or long
term disability of the seafarer as a result of an occupational illness, injury or hazard. The
extent of compensation shall be set out in either an applicable collective bargaining
agreement or in the seafarer’s employment agreement and shall be not less than the current
terms agreed by the International Bargaining Forum.
Evidence of the financial security required by paragraph (2) shall be carried on
board the ship and shall be available for inspection by any of the seafarers at any time.
Subject to regulation 16 the expenses of medical care, medical treatment,
medications and therapeutic appliances as well as the cost of accommodation away from
the seafarer’s place of domicile, shall be borne by the shipowner until the seafarer has
recovered, or until any sickness or incapacity has been established to be of a permanent
nature or until the seafarer is able to claim medical benefits available to him under a scheme
of compulsory sickness insurance, accident insurance or other scheme available in his
country of domicile.
14 (1)
(2)
(3)
(4)
(5)
(6)
15 (1)
(2)
(3)
(4)
10
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
The liabilities set out in paragraphs (1), (2) and (3) shall not arise when–
an injury has occurred other than in the service of the ship;
an injury or an illness is the result of the misconduct of the seafarer; or
an injury or an illness is deliberately and intentionally concealed by the
seafarer when the employment contract is entered into.
The costs of burial in the case of a seafarer who dies either aboard the ship or
ashore during the period of his employment on board shall be met by the shipowner.
On every occasion when sickness or injury for which the shipowner is liable to
pay costs occurs the shipowner shall be liable to pay the costs set out in an applicable
collective bargaining agreement or, where there is no collective bargaining agreement, to–
pay the seafarer’s wages at the basic rate of wages in the employment
agreement for as long as the seafarer remains on board the ship or until
the seafarer has been repatriated in accordance with the Merchant
Shipping (Repatriation) Regulations 2013; and
pay wages at the basic rate in the seafarer’s employment agreement from
the time when the seafarer is repatriated until the time when the seafarer
has recovered.
Every shipowner shall have in place a system of financial security to cover any
liabilities arising from the requirements of this regulation and shall ensure that evidence of
such financial security which may be a policy of insurance is available on board the ship
and available for inspection by an official authorised by the Minister or an authorised Port
State Control Authority official.
Limitation of shipowner’s liability
A shipowner who incurs liability for the costs of medical care, medical
treatment, medications and therapeutic appliances as well as the cost of accommodation
away from the seafarer’s place of domicile in accordance with regulation 15 shall not be
liable for these costs beyond a period of 16 weeks from the date of the injury or the
commencement of the illness.
A shipowner who incurs liability to pay wages in accordance with regulation
15(5) shall not be liable to pay wages beyond a period of 16 weeks from the date of the injury
or the commencement of the illness.
Entry into a seafarer’s employment agreement
On every occasion when it is contemplated that a seafarer will enter into a seafarer’s
employment agreement the seafarer shall be provided with a copy of the terms and
conditions of that agreement and with the details of the capacity in which employment is
offered and the amount of wages and leave to be included sufficiently in advance of signing
the agreement so that the seafarer has the opportunity to examine the agreement and if
necessary seek advice on it before signing it.
(5)
(a)
(b)
(c)
(6)
(7)
(a)
(b)
(8)
16 (1)
(2)
17
11
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
Recruitment of seafarers
A shipowner shall not make use of a seafarer recruitment and placement service
which is based in a country that is not a signatory to the Maritime Labour Convention.
Property of deceased, injured or sick seafarers
Whenever a seafarer dies in the course of his employment on board a ship or
leaves a ship due to injury or illness and leaves property on board the master shall arrange
for the property belonging to that seafarer to be collected and for a full list of the property
to be prepared.
The list of property shall be signed as a correct and true list by the master and
countersigned by another seafarer and the master shall retain one copy of the list.
With the exception of any property that is perishable or which cannot be
transmitted as a consequence of it being prohibited or illegal the shipowner shall ensure
that all the property belonging to a deceased seafarer as well as a copy of the signed list of
property is returned to the seafarer’s next of kin.
The shipowner shall ensure that property left on board a ship and belonging to
a seafarer who leaves a ship due to illness or injury shall be collected and listed in
accordance with paragraph (2) and depending on the circumstances either–
retained on board until the seafarer’s return;
delivered to the seafarer at his accommodation ashore; or
returned to the seafarer’s place of domicile.
Complaints
Every ship to which these Regulations apply shall have in place a procedure
that may be used by any seafarer serving in the ship to make a complaint relating to any
matter that is alleged to constitute a breach of the requirements of the Maritime Labour
Convention. The procedures shall be set out in writing and available to every seafarer. They
shall include—
the contact details for the Department of Maritime Administration;
the contact details of the competent authority in the seafarer’s country of
residence; and
the identity of a person on board who can, on a confidential basis, provide
impartial advice on a complaint or otherwise assist in following the
procedures.
The complaints procedures shall seek to ensure that any complaint is dealt
with at the lowest level possible but in every case the procedure shall allow for the seafarer
raising the complaint, if the complaint is not satisfactorily resolved initially, to complain
directly to the ship’s master.
The use of the complaints procedure shall not prejudice any other legal rights
that the seafarer may have to seek redress elsewhere.
18
19 (1)
(2)
(3)
(4)
(a)
(b)
(c)
20 (1)
(a)
(b)
(c)
(2)
(3)
12
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
The complaints procedure shall provide for a seafarer who is unable to obtain
satisfactory resolution to a complaint on board or through his employer to make a complaint
directly to the Bermuda Maritime Administration and any complaint made to the Bermuda
Maritime Administration shall—
be in writing;
clearly Identify the complainant;
include sufficient evidence to justify the complaint and show that it is not
vexatious, malicious or frivolous;
list the steps that have already been taken through the on-board
complaints procedure to deal with it including the responses to each step;
and
be made within 3 months of the final failure to achieve resolution.
Any seafarer shall also have the right, when a complaint has not been effectively
dealt with by the complaints procedure and where it relates to compliance with the Maritime
Labour Convention, to make a complaint to an authorised Port State Control Authority
officer.
It shall be an offence for any person to victimise or otherwise penalise any
seafarer for making a complaint.
Every on-board complaints procedure shall include the right of the seafarer to
be accompanied or represented during the procedure and shall be designed to include
safeguards against the possibility of any adverse action being taken by any person against
the seafarer for making a complaint which is not vexatious or malicious.
Disciplinary procedures to be created
Every shipowner shall establish a disciplinary procedure for dealing with
serious misconduct and the details of that procedure shall be available to each seafarer.
A disciplinary procedure established in accordance with paragraph (1) shall
provide at least that—
the matter shall be dealt with only by the master or by an officer appointed
by him;
the matter shall be dealt with within 24 hours of it coming to the attention
of the master unless it is not practicable for him to deal with it in that time
or the investigation of the matter is not complete, in which case, it shall be
dealt with at the first opportunity thereafter;
the master shall keep a record of the nature of the offence, the evidence
presented, the responses of the seafarer accused, the evidence of any
witnesses and his decision after hearing all the evidence;
the seafarer accused shall have an opportunity to be accompanied by a
friend or representative;
(4)
(a)
(b)
(c)
(d)
(e)
(5)
(6)
(7)
21 (1)
(2)
(a)
(b)
(c)
(d)
13
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
nothing in the process removes the seafarer’s legal right to seek redress
elsewhere; and
the seafarer is to be presented with a written record of the proceedings.
Penalties
A shipowner who contravenes regulations 4 or 18 commits an offence and is
liable on summary conviction to a fine not exceeding $10,000.
A master who contravenes regulations 6(1) or 7 commits an offence and is liable
on summary conviction to a fine not exceeding $5,000.
Any person who victimises or attempts to victimise any seafarer (“victimise”
includes any adverse action taken by a person against the seafarer) for making a complaint
or attempting to do so commits an offence and shall be liable on summary conviction, to a
fine not exceeding $50,000.
Inspection
Any person duly authorised by the Minister may inspect any ship to which
these Regulations apply when in a port in Bermuda, and if he is satisfied that the
arrangements for seafarer’s employment are not in accordance with those stated in the
Declaration part 1 to the ship’s Maritime Labour Certificate, or in the case of a vessel which
does not carry a Maritime Labour Certificate, the Maritime Labour Convention, he may
detain the ship until the deficiency is rectified, but in the exercise of these powers he shall
not detain the ship unreasonably.
An authorised officer of the Maritime Administration who discovers that a
Bermuda ship to which these regulations apply does not comply with the regulations
may—
withdraw the vessel’s Maritime Labour Certificate until such time as the
deficiency is rectified; or
if the vessel is in a port outside Bermuda, inform the Port State Control
Authority for that port of the deficiency.
Revocation
The following Regulations are revoked—
Merchant Shipping (Property of Deceased Seamen) Regulations 1980 (BR
6/1980);
Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of
Seamen) Regulations 1991 (BR 1/1992);
Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of
Seamen) Amendment Regulations 2000 (BR 58/2000); and
Merchant Shipping (Disciplinary Offences) Regulations 1980 (BR
28/1980).
(e)
(f)
22 (1)
(2)
(3)
23 (1)
(2)
(a)
(b)
24
(a)
(b)
(c)
(d)
14
MERCHANT SHIPPING (SEAFARER’S EMPLOYMENT) REGULATIONS 2013
Commencement
These Regulations shall come into operation on the same date on which the
Merchant Shipping (ILO) Amendment Act 2012 comes into operation.
Made this 12th day of December 2013
Minister of Tourism Development and Transport
25
15
