Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015216&caller=list&article_lang=F&row_id=600&numero=614&pub_date=2014-08-08&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+
Posted the: 2014-08-08 Numac: 2013015216 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 17 August 2013 development COOPERATION. -Law on consent to the Labour Convention maritime, adopted in Geneva on 23 February 2006 by the International Conference of labour at its 94th session (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the maritime labour Convention, adopted at Geneva on 23 February 2006 by the International Conference of labour at its 94th session, will release its full and complete effect.
S. 3. the amendments to the Code of the maritime labour Convention, adopted at Geneva on 23 February 2006 by the International Conference of labour at its 94th session, adopted the Belgium opposes their adoption, will release their full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, August 17, 2013.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the North Sea, J. VANDE LANOTTE the Deputy Prime Minister and Minister of Social Affairs, Ms. L. ONKELINX. the Minister of Justice, Ms. A. TURTELBOOM to Minister of employment, J. VANDE LANOTTE the the Secretary of State for mobility, M.
WATHELET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2012 - 2013 Senate Documents. -Bill filed on July 4, 2013, no. 5 - 2188/1.
-Annex, no. 5 - 21882/2 report on behalf of the Committee, no 5 - 2188/3.
-Discussion, meeting of July 10, 2013. -Vote meeting of July 10, 2013.
House of representatives Documents.
-Draft transmitted by the Senate, no. 53-2945/1. -Report on behalf of the Committee, no. 53-2945/2.
-Text adopted in plenary and subject to Royal assent, session No. 53-2945/3.
-Discussion, meeting of 17/07/2013. -Vote, meeting of 17/07/2013.
(2) see Decree of the Flemish Community / Flanders from 04/05/2012 (Moniteur belge of 29/05/2012), Decree of the French community of 04/07/2013 (Moniteur belge of 17/07/2013), Decree of the German-speaking community of 25/02/2013 (Moniteur belge of 20/03/2013), Decree of the Walloon from 10 / 07 / 2013 (Moniteur belge of 31 / 07 / 2013) Decree of the Walloon Region from 10/07/2013 (Moniteur belge of 01/08/2013), order of the Region of Brussels - capital of 26/07/2013 (Moniteur belge of 03/09/2013).
LABOUR CONVENTION MARITIME, 2006 preamble the General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met in its ninety-fourth session on 7 February 2006.
Wishing to create a single, coherent instrument that incorporates as much as possible all up-to-date standards contained in the current conventions and recommendations of international maritime labour as well as the fundamental principles contained in other international labour conventions, in particular:-the convention on forced labour, 1930 (No. 29);
-convention (No. 87) on freedom of Association and protection of the right to organize, 1948;
-the right to organise and collective bargaining Convention, 1949 (No. 98) convention;
-the convention on equal remuneration, 1951 (No. 100);
-the convention (No. 105) concerning the abolition of forced labour, 1957;
-convention (No. 111) concerning discrimination (employment and occupation), 1958;
-the convention (No. 138) on the minimum ssge, 1973;
-the convention (No. 182) on the worst forms of labour of children, 1999;
Aware that the Organization has for fundamental mandate to promote decent working conditions;
Recalling the ILO Declaration on the fundamental principles and rights at work, 1998.
Mindful also that seafarers may rely on the provisions of other ILO instruments and should enjoy the freedoms and fundamental rights recognized to all persons;
Whereas activities in the maritime sector are deployed worldwide and that seafarers should therefore enjoy special protection;
Taking into account also the international standards on the safety of ships, the safety and security of people and the quality of the ship management enacted in the 1974 International Convention for the safety of life at sea, such as amended, and in the 1972 Convention on the international regulations for preventing collisions at sea as amended, as well as requirements related to the training and skills of seafarers who are contained in the International Convention of 1978 on standards of training, sea, issuing patents and Eve, as amended;
Recalling that the Convention of the United Nations on the law of the sea of 1982 establishes a general legal framework governing all activities on the oceans and seas, it is of strategic importance as basis of action and cooperation national, regional and global in the maritime sector and its integrity must be preserved;
Recalling that article 94 of the United Nations Convention on the law of the sea of 1982 which defines the duties and obligations incumbent upon the State of the flag in particular concerning working conditions, personnel and social matters on board ships that fly its flag;
Recalling paragraph 8 of article 19 of the Constitution of the international labour which States that the adoption of a convention or recommendation by the Conference, or the ratification of any convention by a member must under no circumstances be considered as affecting any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the convention or recommendation;
Determined to ensure that this new instrument is designed to gather the widest possible acceptance by Governments, shipowners and seafarers committed to the principles of decent work, it is easy to update and can be applied and enforced in an effective manner;
After deciding to adopt various proposals relating to the development of a such instrument, which is the only point on the agenda of the session;
After having determined that these proposals shall take the form of an international convention, adopts, this twenty-third day of February two thousand six, the following convention, which may be cited as the maritime labour Convention, 2006.
General Article Ier 1 OBLIGATIONS. Each Member which ratifies this convention undertakes to give full effect to its provisions in accordance with the requirements of article VI in order to guarantee the right of all seafarers to decent employment.
2. members shall cooperate with each other to ensure the effective implementation and full respect of the convention.
DEFINITIONS and scope of APPLICATION Article II 1. For the purposes of this convention, and unless otherwise provided in a specific provision, the expression: a) competent authority means the Minister, Government Department or other authority empowered to issue regulations, orders or other instructions having binding force in the area covered by the provision in question and to enforce them;
(b) declaration of maritime labour compliance means the declaration referred to in regulation 5.1.3
(c) gross tonnage means the gross tonnage of a ship measured in accordance with the relevant provisions of annex Ire to the 1969 International Convention on tonnage measurement of ships or any other convention the having replaced. For ships covered by the tonnage measurement transitional provisions adopted by the international maritime organization, the gross tonnage is that which is indicated in the comments of the international tonnage certificate (1969);
(d) maritime labour certificate means the certificate referred to in regulation 5.1.3
(e) requirements of this convention refers to the requirements of articles, rules and part A of the code that are part of this convention;
(f) seafarers or marin refers to persons employed or engaged or works in any capacity on board a ship to which this convention applies;
(g) maritime contract refers both to the contract of employment; marin and muster
(h) recruitment and placement of seafarers service means any person, company, institution, agency or other organization, the public sector or the private sector dealing with the recruitment of seafarers on behalf of shipowners or their placement with shipowners;
(i) ship means any bsstiment not navigating exclusively in inland waters or in waters inside or closely adjacent to, sheltered waters or areas where port regulations apply;
(j) shipowner means the owner of the ship or any other organisation or person such as the Manager, agent or bareboat charterer, which the owner has assumed responsibility for the operation of the ship and who, on assuming such responsibility, has agreed to deal with tssches and obligations borne by shipowners under the terms of this agreement, regardless of the fact that other entities or persons fulfil on behalf of some of these tssches or responsibilities.
2. unless expressly provided otherwise,
This convention applies to all seafarers.
3. If, for the purposes of this convention, the membership of a class of persons to seafarers raises a doubt, the question shall be determined by the competent authority in each Member after consultation with the organizations of shipowners and seafarers concerned.
4. unless expressly provided otherwise, this convention applies to all ships belonging to public or private entities normally assigned to commercial activities, except for ships engaged in fishing or in similar activity and ships of traditional build such as dhows and junks. This convention applies to warships or auxiliary warships.
5. in the event of doubt about the applicability of this convention to a ship or class of ships, the question shall be determined by the competent authority in each Member after consultation with the organizations of shipowners and seafarers concerned.
6. when the competent authority decides that it is not reasonable or possible at this time to apply some specific elements of the code referred to in article VI, paragraph 1, to a vessel or to certain categories of ships flying the flag of the Member, the provisions of the said relevant code will not apply, that the subject matter is regulated differently by national legislation collective agreements or other measures. The competent authority may decide as well as in consultation with the organizations of shipowners and seafarers concerned, and only for vessels of less than 200 gross tonnage that do not international travel.
7. any decision taken by a member pursuant to paragraphs 3, 5 or 6 shall be communicated to the Director-general of the international labour office which will inform the members of the organization.
8. unless expressly provided otherwise, any reference to the convention' includes the rules and the code.
RIGHTS and principles fundamental Article III each member checks the provisions of its laws to respect, in the context of this convention, the following fundamental rights: a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour;
(d) the elimination of discrimination in respect of employment and occupation).
Employment rights and social rights for the people of sea Article IV 1. All seafarers are entitled to a workplace course and safely where safety standards are met.
2. all seafarers are entitled to fair conditions of employment.
3. all seafarers are entitled to decent working and living conditions on board ships.
4. all seafarers are entitled to the protection of the health, medical care, welfare measures and other forms of social protection.
5. each Member shall ensure, within the limits of its jurisdiction, that employment rights and social rights of seafarers, as set forth in the foregoing, paragraphs are fully respected in accordance with the requirements of this convention.
Unless otherwise thereof, these rights can be provided by national legislation, collective agreements, practice or other measures.
RESPONSIBILITY to implement and ensure compliance with Article V 1. Any member applies and enforces the legislation or other measures it has adopted to fulfil its obligations under the terms of this convention with respect to ships and seafarers under its jurisdiction.
2. each Member effectively exercises its jurisdiction and control over vessels flying its flag with a clean system to ensure compliance with the requirements of this convention, including by regular inspections, reports, follow-up action and prosecution in accordance with applicable legislation.
3. each Member shall ensure that ships flying its flag are in possession of a certificate of maritime labour and a declaration of maritime labour compliance as required by this convention.
4. any vessel to which this convention applies may, in accordance with international law, subject to the share of one member other than the flag State, when he is in one of its ports, an inspection to verify that the vessel meets the requirements of this convention.
5. each Member effectively exercising its jurisdiction and control over recruitment and placement of seafarers services eventually established on its territory.
6. each Member prohibit violations of the requirements of this convention and shall, in accordance with international law, establish sanctions or require the adoption of corrective measures under its legislation, to discourage any violation.
7. each Member fulfils the responsibilities assumed under the terms of this convention ensuring that vessels flying the flag of any State having not ratified do not benefit from more favourable treatment than those flying the flag of any State which have ratified.
RULES and parts A and B of the CODE Article VI 1.
The rules and the provisions of part A of the code are binding. The provisions of part B of the code do not have binding force.
2. each Member undertakes to respect the rights and principles set forth in the rules and apply them in the manner described in the corresponding provisions of part A of the code. In addition, it should duly consider to fulfil its obligations in the manner prescribed in part B of the code.
3. a member who is not able to implement the rights and principles in the manner described in part A of the code may, unless expressly provided otherwise by this convention, implement the requirements through laws, regulations or other provisions that are equivalent to the provisions of part A. 4. For the sole purpose of the provisions of paragraph 3 of this article, an Act, regulation, collective agreement or other implementing measure is considered as equivalent overall in the context of the convention if the Member checks that: has) it promotes the full realization of the purpose and the general purpose of the provision or provisions of part A of the code;
(b) it gives effect to the provision or the relevant provisions of part A of the code.
CONSULTATIONS with the organizations of SHIPOWNERS and of people of sea Article VII derogations, exemptions and other flexible applications of the convention requiring, under the terms thereof, the consultation of shipowners and seafarers sea cannot be decided by a member, in the absence of such organisations in its territory, as after consultation with the Committee referred to in article XIII.
ENTRY into force Article VIII 1.
The formal ratifications of this convention shall be communicated to the Director-general of the international Bureau's work for the purpose of registration.
2. this Agreement binds only the members of the International Labour Organization whose ratification has been registered by the Director-general.
3. the convention shall enter into force 12 months after ratification by at least 30 members in total representing at least 33 per cent of the world merchant fleet tonnage will be recorded.
4. Subsequently, this convention shall enter into force for each Member twelve months after the date of the registration of its ratification.
DENUNCIATION Article IX 1.
A member that has ratified this convention may denounce on the expiry of a period of ten years from the date of the initial implementation of the convention, by an act communicated to the Director-general of the international Bureau's work for the purpose of registration. The denunciation takes effect a year after having been registered.
2. any Member which, in the year after the period of ten years mentioned in paragraph 1 of this article, does not exercise Faculty of planned denunciation will be linked for a further period of ten years and thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
EFFECT of the entry into force Article X this convention revising the following conventions: Convention (No. 7) on the minimum ssge (maritime work), 1920 (No. 8) Convention on unemployment (shipwreck), 1920 (No. 9) placement of seafarers Convention, 1920 Convention (No. 16) on the medical examination of young persons (sea), 1921 agreement of seamen's Convention (No. 22) 1926 repatriation of seafarers convention (No. 23), 1926 Convention (No. 53) on the certificates of competency of officers, 1936 (No. 54) Convention of leave paid seamen, 1936 (No. 55) Convention on the obligations of the owner in case of illness or accident of the people of sea, 1936 Convention (No. 56) on the health of seafarers, 1936 (No. 57) Convention on hours of work on board and staff 1936 (No. 58) convention (revised) on the ssge minimum (maritime labour), 1936 Convention (No. 68) on food and catering (ships ' crews) service, 1946 (No. 69) Convention on the diploma of ship Cooks, 1946
Convention (No. 70) on social security for seafarers, 1946 Convention (No. 72) of leave paid seamen, 1946 (No. 73) the medical examination of seafarers Convention, 1946 (No. 74) the certification of able seamen Convention, 1946 (No. 75) accommodation of crews Convention, 1946 (No. 76) Convention on wage, duration of work and manning 1946 convention (No. 91) on leave paid sailors (revised), 1949 (No. 92) Convention on the accommodation of crews (revised), 1949 (No. 93) Convention on wages, hours of work on board and staff (revised), 1949 Convention (No. 109) on wages, hours of work on board and Manning (revised), 1958 the accommodation of crews (supplementary provisions) Convention (No. 133) 1970 (No. 134) prevention of accidents (Seafarers) convention, 1970 Convention (No. 145) on the continuity of employment (Seafarers), 1976 (No. 146) Convention on annual vacation (Seafarers), 1976 (No. 147) Convention on the Merchant Shipping (minimum standards), 1976 Protocol of 1996 to convention (No. 147) Merchant Shipping (minimum standards) The well-being of seafarers convention (No. 163) 1976, 1987 the health protection and medical care (Seafarers) Convention (No. 164), 1987 (No. 165) Convention on social security of seafarers (revised), 1987 (No. 166) Convention on the repatriation of seafarers (revised), 1987 inspection of labour (Seafarers) Convention (No. 178) 1996 convention (No. 179) on the recruitment and placement of seafarers, 1996 the duration of the work of seafarers and the manning of ships Convention (No. 180), 1996.
FUNCTIONS of depositary Article XI 1. The Director general of the international labour office shall notify all members of the International Labour Organization the registration of any ratification, acceptance and information which will be communicated to it under this convention.
2. when the conditions set out in paragraph 3 of article VIII have been met, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article XII the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for the purposes of registration under article 102 of the Charter of Nations United, complete information on ratification, acceptance, and denunciation registered under this convention.
Article XIII special TRIPARTITE COMMISSION 1.
The governing body of the international Labour Office continuously monitors the implementation of the convention through a Committee created by him and with special competence in the field of maritime labour standards.
2. to deal with matters covered by this convention, this commission is composed of two representatives appointed by the Government of each of the members that have ratified this convention and the representatives of shipowners and seafarers appointed by the Governing Council after consultation of the joint maritime Commission.
3. the Government representatives of members that have not yet ratified this convention may participate in the work of the commission but without the right to vote on the matters covered by the convention.
The Governing Council may invite other organizations or entities to be represented on the commission by observers.
4. the voting rights of the representatives of the shipowners and representatives of seafarers to the commission are weighted so as to ensure that each of these two groups has half voting rights available to all Governments represented at the meeting and entitled to vote.
AMENDMENT this CONVENTION Article XIV 1.
The General Conference of the International Labour Organization may adopt amendments to any provision of this convention under article 19 of the Constitution of the international organization of work and the rules and procedures of the Organization relating to the adoption of the conventions.
Amendments to the code may also be adopted in accordance with the procedures prescribed in article XV.
2. the said amendments text is provided for ratification to members whose instruments of ratification of this convention were registered before their adoption.
3. the text of the amended Agreement shall be communicated to the other members of the Organization for ratification in accordance with article 19 of the Constitution.
4. an amendment shall be deemed to have been accepted on the date to which the instruments of ratification of this amendment have been registered or, where appropriate, the instruments of ratification of the convention, amended by at least 30 members representing in total at least 33% of the gross tonnage of the world merchant fleet.
5. an amendment adopted in the context of article 19 of the Constitution is binding for the members of the organization whose ratification has been registered by the Director-general of the international labour office.
6 for the members referred to in paragraph 2 of this article, an amendment shall enter into force twelve months after the date of acceptance referred to in paragraph 4 of this article or 12 months after the date of registration of its instrument of ratification, if that date is later.
7. subject to the provisions of paragraph 9, for the members referred to in paragraph 3 of this article, the amended convention enter into force twelve months after the date of acceptance referred to in paragraph 4 of this article or 12 months after the date of registration of its instrument of ratification, if that date is later.
8. for members whose ratification of the convention was registered before the adoption of an amendment but which have not ratified it, the convention shall remain in force without the amendment in question.
9. any member whose instrument of ratification of this convention is registered after the adoption of the amendment but before the date referred to in paragraph 4 of this article may specify, in a declaration attached audit instrument, it ratifies the convention but not the amendment. If the instrument of ratification is accompanied by a declaration, the convention enters into force for the Member concerned 12 months after the date of registration of the instrument of ratification. If it is not accompanied by a statement or if it is registered on or after the date referred to in paragraph 4, the date the convention enters into force for the Member concerned 12 months after this date; upon the entry into force of the convention, amended in accordance with paragraph 7 of this article, the amendment is binding for the Member concerned, except instead of the said amendment.
AMENDMENTS to the CODE Article XV 1. Code may be amended either the procedure set out in article XIV or, unless expressly provided otherwise, the procedure described in this article.
2. an amendment to the code may be proposed to the Director-general of the international labour office by the Government of a member of the Organization, by the Group of representatives of the shipowners or the Group of representatives of the seafarers appointed to the commission referred to in article XIII. An amendment proposed by a Government must have been proposed or be supported by at least five Governments of members that have ratified the convention or group of representatives of shipowners or seafarers referred to above.
3. After verifying that the proposed amendment meets the conditions laid down in paragraph 2 of this article, the Director-general communicates it without delay, with any comments or suggestions deemed appropriate, to all members of the organization by inviting them to express their comments or suggestions on this proposal within a period of six months or the period between three to nine months, fixed by the Board of Directors.
4. at the expiry of the period referred to in paragraph 3 of this article, the proposal, accompanied by a summary of any observations or suggestions according to the same paragraph, is transmitted to the commission for consideration at a meeting. An amendment shall be deemed adopted: a) if half at least the Governments of members that have ratified this convention are represented at the meeting at which the proposal is discussed;
(b) If a majority of at least two thirds of the members of the Committee voted in favour of the amendment;
and c) If this majority includes at least half of the votes of the Government members, half of the votes of the representatives of the shipowners and half of the votes of the representatives of the seafarers registered at the meeting when the proposal is put to the vote.
5. an amendment adopted in accordance with the provisions of paragraph 4 of this article is submitted to the next session of the Conference for approval. To be approved, it must collect the majority of two-thirds of the votes of delegates present. If this majority is not reached, amendment is referred to the commission so that it shall reconsider whether it wishes.
6. the Director general shall notify the amendments approved by the Conference at each of the members whose instrument of ratification of this convention was registered before the date of this approval. These members are referred to hereinafter as "members which had already ratified the convention. The notification they receive refers to this article
and a period allotted them to formally express their disagreement. This time limit shall be two years from the date of notification unless, when it approves the amendment, the Conference sets a different time limit which shall be at least a year. A copy of the notification shall be communicated for information to the other members of the organization.
7. an amendment approved by the Conference shall be deemed to have been accepted unless, before the expiry of the period prescribed, more than 40% of the members that have ratified the convention and representing 40% or more of the gross tonnage of the world merchant fleet members having ratified the convention formally express their disagreement with the Director general.
8. an amendment deemed to have been accepted shall enter into force six months after the end of the deadline for all members which had already ratified the convention, except those who have formally expressed their disagreement in accordance with the provisions of paragraph 7 of this article and have not withdrawn the disagreement in accordance with the provisions of paragraph 11. However: a) before the end of the fixed period, any Member having already ratified the convention may inform the Director-general that it shall be bound by the amendment only when he has expressly notified its acceptance;
(b) before the date of entry into force of the amendment, any Member having already ratified the convention may notify the Director general that it will not apply this amendment for a specified period.
9. an amendment subject to the notification referred to in paragraph 8 (a)) of the present article shall enter into force for the Member having notified its acceptance six months after the date on which it was informed the Director-general that it accepts the amendment or on the date on which the amendment enters into force for the first time, whichever is later.
(10. the period referred to in paragraph 8 (b)) of the present article shall not exceed one year from the date of entry into force of the amendment or extend beyond the longest period prescribed by the Conference when it approved the amendment.
11. a member having formally expressed its disagreement on a given amendment can be removed at any time. If the notification of the withdrawal reaches Executive Director after the entry into force of that amendment, it enters into force for the Member six months after the date on which said notification was registered.
12. Once an amendment has entered into force, the convention can be ratified in its amended form.
13. to the extent that a maritime labour certificate relates to matters covered by an amendment to the convention which has entered into force: has) a member having accepted this amendment is not required to extend the benefit of the convention in relation to the maritime labour certificates issued to ships flying the flag of another Member which : i. expressed formally, according to paragraph 7 of this article, a disagreement with the amendment and has not withdrawn it. or (ii).
has been notified under paragraph 8 (a)) of this article, that its acceptance is subject to a subsequent express notification of its share and has not accepted the amendment;
((b) a member having accepted the amendment extends the benefit of the convention in relation to certificates issued to ships flying the flag of another Member which has been notified under paragraph 8 (b)) of this article, that it will not apply the amendment for a period determined in accordance with paragraph 10 of this article.
TEXTS making faith Article XVI the French and English versions of the text of this convention are equally authentic.
EXPLANATORY NOTE ON THE RULES AND THE CODE OF THE 1 MARITIME LABOUR CONVENTION. This note is not part of the maritime labour convention.
It aims only to facilitate reading.
2. the convention consists of three distinct but related parts between them, namely articles, rules and the code.
3. the articles and rules set out the rights and principles and the basic obligations of the members that have ratified the convention. They cannot be modified by the Conference on the basis of article 19 of the Constitution of the international organization of work (see article XIV of the convention).
4. the code shows how the rules should be applied. It consists of a part A (mandatory standards) and part B (non-mandatory guidelines). The code can be changed following the simplified procedure described in article XV of the convention. Because it contains detailed information on how the provisions should be applied, the changes that it will be possibly made must not reduce the general scope of the articles and rules.
5. the provisions of the rules and the code are grouped under the following five headings: title 1: minimum requirements for the work of seafarers on board ship title 2: Conditions of employment title 3: accommodation, recreational facilities, food and table title 4: Health Protection, medical care, welfare and social security title 5 protection : Compliance and enforcement of the provisions 6.
Each title contains groups of provisions relating to a right or a principle (or a measure of implementation for title 5), with a corresponding numbering. Thus, the first group of title 1 includes rule 1.1, Standard A1.1 and guideline B1.1 (concerning the minimum ssge).
7. the convention has three underlying purposes: a) establish (in articles and rules) a solid set of rights and principles;
b) leave (grssce to the provisions of the code) members flexibility in how they implement these principles and rights;
c) ensure (through title 5) that the principles and rights are properly respected and implemented.
8. the application flexibility is essentially two elements: the first is the Faculty given to each Member, if necessary (article VI, paragraph 3), to give effect to the requirements detailed in part A of the code implementing measures equivalent overall (as defined in article VI, paragraph 4).
9. the second element of flexibility lies in the requirements required of a large number of the provisions of the part was set out in a more general way, leaving greater latitude with respect to specific measures to be taken at the national level.
In these cases, guidance for implementation are given in part B, non-mandatory, of the code. Thus, the members that have ratified the convention can check the type of measures which may be expected of them under the General obligation in part A, as well as measures that would not necessarily be required. (For example, standard A4.1 prescribed that all ships must allow quick access to needed medicines for medical care on board ship (paragraph 1 (b))) and that "every ship has a pharmacy's edge" (para. 4)). To fulfil in good faith of that duty, it is clearly not enough to have a pharmacy on every ship. A more precise indication of what is necessary to ensure that the contents of the pharmacy will be properly stored, used and maintained is contained in the principle Director B4.1.1 (subs.
(4) 10. The members that have ratified the convention are not bound by the guidelines listed and, as specified in title 5 about control by the port State, inspections will only target the relevant requirements (articles, rules and standards of part A). However, members are required, under the terms of paragraph 2 of article VI, give appropriate consideration to fulfil the obligations imposed on them in respect of part A of the code in the manner described in part B. Having duly considered the relevant guiding principles, they may decide to take different arrangements for the storage, use and maintenance of the content of the pharmacy, to take the example already cited. This is acceptable. However, if they follow the guiding principles of part B, the Member concerned, as well as the bodies of the ILO responsible for monitoring the application of international labour conventions, can be sure without further consideration that the arrangements made by members show that they have fulfilled adequately of the obligations outlined in part A. the rules and the CODE title 1. MINIMUM CONDITIONS required for the work of seafarers on board a ship regulation 1.1 - Age minimum object: ensure that any person not having the minimum ssge working aboard a ship 1. No less than the minimum ssge ssge person cannot be employed or engaged or work on a ship.
2. the minimum ssge at the time of the initial entry into force of this convention is 16 years.
3. a higher minimum ssge is required in the cases specified in the code.
Standard A1.1 – Minimum Age 1. Employment or engagement or work on board a ship of any person under 16 years is prohibited.
2. the night work by a sailor from 18 years of age is prohibited.
For the purposes of this standard, the term "night" is defined in accordance with the legislation and national practice. It covers a period of nine consecutive hours at least, starting no later than midnight and ending no earlier than 5 o'clock in the morning.
3. an exception to the strict observation of the restriction concerning night work may be decided by the competent authority when: a).
the effective training of the seafarers concerned under programmes and plans of studies could be compromised; or (b) the special nature of the tssche or approved training program requires that the seafarers covered by the exception work night and the authority determines, after consultation with the organizations of shipowners and seafarers concerned, that this work will not harm their health or their well-being.
4. employment or engagement or work of seafarers under the age of 18 years is prohibited where the work is likely to jeopardize their health or safety. The types of work in question shall be determined by national legislation or by the competent authority, after consultation with the organizations of shipowners and seafarers concerned, in accordance with applicable international standards.
Guideline B1.1 – Minimum Age 1.
When establishing regulations relating to working and living conditions, members should pay special attention to the needs of young people under the age of eighteen.
Rule 1.2 - certificate medical purpose: ensure that all seafarers are medically fit to perform their duties at sea 1. No sailor can work on board a ship if it does not produce a medical certificate certifying that he is medically fit to perform his duties.
2. exceptions are possible only in the cases specified in the code.
Standard A1.2 - Medical certificate 1. The competent authority shall require that before you begin to serve on a ship of seafarers are in possession of a valid medical certificate attesting that they are medically fit to the functions they carry out at sea.
2. to ensure that medical certificates reflect faithfully the State of health of seafarers in view of the duties they have to perform, the competent authority determines, after consultation with the organizations of shipowners and seafarers concerned, and with due regard to applicable international guidelines referred to in part B of the code, the nature of the medical examination and certificate corresponding.
3. this standard shall apply without prejudice to the International Convention of 1978 on standards of training, sea, issuing patents and Eve, as amended (STCW). A medical certificate issued in accordance with the requirements of the STCW is accepted by the competent authority for the purposes of rule 1.2. A medical certificate compliant in substance with those requirements, in the case of seafarers who are not covered by the STCW, is also accepted.
4. the medical certificate shall be issued by a duly qualified medical practitioner or, in the case of a certificate solely concerning eyesight, by a person recognized by the competent authority as qualified to issue such certificates. Physicians must have a full professional independence with regard to medical examination procedures.
5. in the event of a refusal to issue a certificate or imposed limitations on the ability to work particularly in terms of duration, area of activity or geographic area, seafarers can undergo examination by a medical practitioner or by an independent medical referee.
6. the medical certificate indicates inter alia that: has) the hearing and sight of the person concerned, as well as the perception of color is a person to be employed in tssches for which fitness for the work is likely to be affected by defective colour vision, are all satisfactory;
(b) the person concerned is suffering from any medical condition that might be aggravated by service at sea, make it unfit for this service or to endanger the health of other persons on board.
7. unless a shorter period is prescribed because of the nature of the functions that the person concerned will have to run or under STCW: has) a medical certificate shall be valid for two years maximum unless the seafarer is under the age of 18 years, in which case the maximum period of validity shall be one year;
(b) a certificate relating to the perception of colors remains valid for up to six years.
8. in cases of urgency, the competent authority may permit a seafarer to work without a valid medical certificate until the next port of call where he can obtain a medical certificate by a qualified medical practitioner, provided that: has) the period of validity of this authorization does not exceed three months;
(b) the person concerned is in possession of a medical certificate of a recent date expired.
9. If the period of validity of a certificate expires during a voyage, the certificate remains valid until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that this period does not exceed three months.
10. the medical certificates for seafarers working on vessels normally engaged on international voyages must as a minimum be provided in English.
Guideline B1.2 - Certificate medical principle Director B1.2.1 - international guidelines 1. The competent authority, physicians, examiners, shipowners, representatives of seafarers and others interested in the conduct of medical examinations to determine the fitness of the future people of sea and seafarers in activity should follow the guidelines for the conduct of medical examinations of pre-sea and periodic sea BIT people medical examinations / who including any later version, and all other applicable international guidelines published by the international organization of work, the maritime organization international or the World Health Organization.
Rule 1.3 - training and qualifications purpose: ensure that seafarers are trained or qualified to perform their duties on board vessels 1. To work on a ship, a sailor must be trained, hold a certificate of competency or qualify to another title to perform his duties.
2. seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board vessels.
3 training patent and comply with legally binding instruments adopted by the international maritime organization are considered as meeting the requirements of paragraphs 1 and 2 of this rule.
4. any Member which, at the time where it ratifies this convention, is bound by the provisions of the convention (No. 74) on the certification of able seamen, 1946, must continue to fulfil the obligations arising from this instrument, unless provisions binding on the issue have been adopted by the international maritime organization and have entered into force , or until this is the case, or until five years have elapsed since the entry into force of this convention in accordance with paragraph 3 of article VIII, whichever is the earliest date.
Rule 1.4 - recruitment and placement purpose: ensure that seafarers have access to an efficient and well-regulated system of recruitment and placement of seafarers 1. All seafarers must have access to an efficient, adequate and transparent system to find no cost employment on board a ship.
2. the services of recruitment and placement of seafarers operating on the territory of a member must comply with the standards set out in the code.
3. each member requires, in respect of seafarers who work on ships flying its flag, that shipowners using recruitment and placement of seafarers services based in countries or territories to which this convention does not apply to ensure that those services conform to the requirements set out in the code.
Standard A1.4 - Recruitment and placement 1. Any Member who has put in place a public service recruitment and placement of seafarers shall ensure that this service is managed in the rules so as to protect and promote the rights of seafarers employment as set forth in the present convention.
2. where private recruitment and placement of seafarers whose object is the recruitment and placement of seafarers or which recruit and place a not insignificant number of seafarers operate on the territory of a member, they can exert their activity under a standard license or approval or another form of regulatory system. Such a system cannot be established, modified or replaced only after consultation with the organizations of shipowners and seafarers concerned. If in doubt on the question of whether this convention applies to a private service recruitment and given investment, the question must be decided by the competent authority in each Member after consultation with the organizations of shipowners and seafarers concerned.
It is not to encourage a proliferation of these private recruitment and placement services.
3. the provisions of paragraph 2 of this standard shall also apply insofar as the competent authority in consultation with the organizations of shipowners and seafarers concerned considers that they are adequate, in the case of recruitment and placement services provided by an organisation of seafarers on the territory of a member to provide seafarers who are nationals of the Member to ships that fly its flag. The services covered by this paragraph are those fulfilling the following conditions:
(a) the recruitment and placement service is operated in accordance with a collective agreement between that organization and a shipowner;
(b) both the Organization of seafarers as the shipowner shall be established on the territory of the Member;
(c) the Member has national legislation or a procedure to authorize or register collective agreement which allows for the operation of the recruitment and placement service;
(d) the recruitment and placement service is managed in the rules and measures comparable to those provided for in paragraph 5 of this standard exists to protect and promote the rights of seafarers employment.
4. nothing in this standard or regulation 1.4 has effect: a) to prevent a member to provide a public service free recruitment and placement of seafarers as part of a policy to meet the needs of seafarers and shipowners, that this service is part of the public service of employment open to all workers and employers or whether it in coordination with the latter;
b) impose on a member the obligation to establish a system of management of private recruitment and placement of seafarers services on its territory.
(5 each Member adopting the system mentioned in paragraph 2 of this standard shall at a minimum, by legislation or other measures: a) prohibit services recruitment and placement of seafarers having recourse to means, mechanisms or lists to prevent or deter seafarers from gaining employment for which they are qualified;
b) prohibit that fees or other fees are charged to the seafarers, directly or indirectly, in whole or in part, for the recruitment, placement or getting a job, apart from the cost that seafarers must assume to get a compulsory national medical certificate, the national professional booklet and a passport or other personal similar travel document , except the cost of visas, which must be borne by the shipowner;
(c) ensure that the recruitment and placement of seafarers services operating on its territory: i. shall keep available for inspection by the competent authority to an up-to-date register of all seafarers recruited or placed through them;
II. ensure that, prior to engagement or during the process of commitment, seafarers are informed of the rights and obligations set out in their contract of employment and that the necessary steps are taken so that seafarers can review their contract commitment before and after their signature and a copy of the contract is awarded to them;
III. Verify that seafarers recruited or placed through them possess the qualifications required and hold documents necessary for concerned employment, and maritime contracts are consistent with the legislation and any collective agreement included in the contract.
IV. ensure, insofar as is practicable, that the shipowner has the means to avoid that seafarers are abandoned in a foreign port;
v. examine any complaint concerning their activities and respond and notify the competent authority of complaints for which no solution has been found.
VI. implementing a system of protection, in the form of insurance or an equivalent appropriate, to compensate seafarers who suffered pecuniary losses that the recruitment and placement service or the shipowner under the seafarers agreement has not met its obligations towards them.
6. the competent authority supervises and monitors closely all services recruitment and placement of seafarers operating on the territory of the Member concerned. Licences or approvals or other permissions to manage a private service on the territory are granted or renewed only after verification that the service's recruitment and investment concerned fulfils the conditions laid down by national legislation.
7. the competent authority shall ensure that the mechanisms and appropriate procedures are in place to investigate, if necessary, complaints relating to the activities of recruitment and placement of seafarers, with competition, services when appropriate, representatives of shipowners and seafarers.
8. each Member shall, to the extent possible, inform its citizens of the problems that can result from a commitment on a vessel flying the flag of a State that has not ratified this convention, as long as it is not established that standards equivalent to those laid down by that convention are applied. Measures taken to this effect by the Member which has ratified the convention shall not be in contradiction with the principle of the free movement of workers stipulated by the treaties to which the two States concerned may be parties.
9. each Member shall require that shipowners of ships flying its flag which use services of recruitment and placement of seafarers established in countries or territories to which this convention does not apply shall ensure, insofar as possible, that these services meet the requirements of this standard.
10. nothing in this standard is to reduce the obligations and responsibilities of shipowners or of a member with regard to vessels flying its flag.
Guideline B1.4 - Recruitment and placement guideline B1.4.1 - organizational and operational guidelines 1. In performing its obligations under paragraph 1 of standard A1.4, the competent authority should consider: a) take the necessary measures to promote effective cooperation between the services of recruitment and placement of seafarers, whether they are public or private;
(b) take into account, with the participation of shipowners, seafarers and of the training institutions concerned, the needs of the maritime sector, at national and international levels, when developing training programmes for seafarers which, on Board have responsibilities in the safety of navigation and the prevention of pollution;
(c) make appropriate arrangements for cooperation with the representative organizations of shipowners and seafarers to the Organization and the functioning of public services recruitment and placement of seafarers, there where they exist;
(d) determining, with due regard to the respect for privacy and the need to protect confidentiality, the conditions under which the personal data on seafarers may be processed by the services of recruitment and placement of seafarers, including the collection, conservation, overlapping, and communication of such data to third parties;
(e) provide a mechanism for collection and analysis of relevant information on the maritime labour market, including on the supply current and foreseeable of seafarers onboard, listed by ssge, sex, rank and qualifications, as well as the needs of the sector, the collection of data on the ssge or sex being admissible only for statistical purposes or if used as part of a program aimed at preventing discrimination on the ssge or sex;
(f) ensure that staff responsible for the supervision of public and private services recruitment and placement of seafarers who, on Board have responsibilities in the safety of navigation and the prevention of pollution is properly formed, having acquired particularly recognised the sea service experience, and that it has an appropriate maritime knowledge including maritime international instruments on training, certification and labour standards;
(g) prescribing operational standards and adopting codes of conduct and ethical practices for the services of recruitment and placement of seafarers;
(h) exercise control of the system of licence or approval under a system of quality standards.
2. for the implementation of the system mentioned in paragraph 2 of standard A1.4, Member should consider requiring the services of recruitment and placement of seafarers established within its territory that they develop and maintain verifiable operational practices. These operating practices for private recruitment and placement of seafarers and, to the extent that they are applicable, for public services recruitment and placement of seafarers should focus on the following points: a) medical examinations, the people of sea and all other identity documents formalities with which they must comply to obtain employment;
b) keeping, respect for privacy and confidentiality, maintain complete and detailed of the seafarers covered by their system of recruitment and placement, which should at least include the following information: i. the qualifications of seafarers.
II. their service records;
III. personal data relevant to employment;
IV. medical data relevant to employment;
c) the maintenance of lists of vessels to which recruitment and placement services provide seafarers and the assurance that there is a way to contact these services at any time in case of emergency;
d) procedures to ensure that the services of recruitment and placement of seafarers or their staff operate
not the people of sea when it comes to obtain a commitment on any ship or in any particular company.
(e) procedures to ward off the risk of exploitation of seafarers arising from the delivery of payroll advances or any other financial transaction between the shipowner and the seafarers and processed by recruitment and placement services;
(f) the need to clearly publicize charges that seafarers will eventually take their dependants in recruitment;
(g) the need to ensure that seafarers are informed of any special conditions applicable to the work for which they will be engaged, as well as policies adopted by the shipowner as regards their employment;
h) procedures established to deal with cases of incompetence or indiscipline consistent with the principles of fairness, the legislation and practice national and, where applicable, with collective agreements;
(i) procedures to ensure, to the extent feasible, that all mandatory documents presented by seafarers for employment and certificates are up to date and have not been fraudulently obtained and that the credentials are verified;
j) procedures to ensure that requests for information or advice made by relatives of seafarers when seafarers are on board are processed without delay, sympathetically and without charge;
(k) verifying that the working conditions on board ships where seafarers are placed are in accordance with the applicable collective agreements concluded between a shipowner and a representative of the seafarers and, in principle, provision of seafarers to the only shipowners that offer terms of employment in accordance with legislation or applicable collective agreements.
3. international cooperation between members and relevant organizations could be encouraged, particularly as regards: a) the systematic exchange of information on maritime sector and the labour market, on a bilateral, regional and multilateral basis;
(b) the exchange of information on maritime labour legislation;
c) the harmonization of policies, the working methods and legislation governing recruitment and placement of seafarers;
(d) the improvement of procedures and conditions recruitment and placement of seafarers internationally);
(e) workforce planning, taking into account the supply and demand of people from sea and the needs of the maritime sector.
TITLE 2. CONDITIONS of employment rule 2.1 - seafarers contract object: ensure seafarers fair maritime contracts 1. The conditions for employment of a seafarer are defined or mentioned in a contract written in clear terms, legally binding, and must comply with the standards set out in the code.
2. the maritime employment agreement must be approved by the seafarer under conditions such that the person concerned has the opportunity to review the terms and conditions, seek advice in this regard and to freely accept before signing.
3. insofar as the legislation and practice of the Member permit the contract of seafarers means including the applicable collective agreements.
Standard A2.1 - Seafarers contract 1. Each Member shall adopt legislation requiring that ships that fly its flag comply with the following requirements: has) on board ships flying its flag, seafarers must be in possession of a maritime contract signed by the seafarer and the shipowner or his representative, or, when they are not employees, a document attesting to the existence of a contract or similar arrangement guaranteeing them decent working and living on board so that required it by this convention;
(b) seafarers signing a seafarers contract must be able to examine the document in question and seek advice before you sign it and dispose of any other facility to ensure that they incorporate freely duly informed of their rights and responsibilities;
(c) the shipowner and the seafarer holding one and the other an original signed contract of seafarers;
(d) measures are taken to enable the seafarers, including the ship's captain, get on board, without difficulty, accurate information about the conditions of their employment, and so officials of the competent authority, including in ports where the ship made a stop, can also access to this information, including the copy of the contract of seafarers;
(e) any marine receives a document mentioning its States of service aboard the ship.
2. where the contract of seafarers consists for all or part by a collective agreement, a copy of this agreement is held available on board. When the maritime contract and applicable collective agreements are not in English, the following documents are required available in English except for ships engaged only in domestic voyages: a) a copy of a contract type;
(b)) the parties of the collective agreement which give rise to an inspection by the port State in accordance with rule 5.2 of the present convention.
(3. the document referred to in paragraph 1 (e)) of the present standard contains no assessment of the quality of the work of the sailor and no indication of his salary. National legislation determines the form of this document, the information appearing thereon and the manner in which they are recorded.
4. each Member shall adopt legislation specifying the particulars to be included in all contracts of maritime employment governed by national law. The maritime employment agreements shall in all cases the following: has) the name marin, his date of birth or his ssge full, as well as his place of birth;
b) the name and address of the shipowner;
(c)) the place and the date of the conclusion of the contract of seafarers;
d) the function to which the seafarer shall be affected;
(e) the amount of the wages of the seafarer or the formula possibly used to compute;
(f) the paid annual leave or the formula possibly used to compute;
g) the term of the contract and the conditions for its termination, including: i. If the contract is concluded for an indefinite period, the conditions under which each party may denounce it as well as the period of notice, which must not be less for the shipowner than for the seafarer;
II. If the contract is concluded for a definite period, the date of expiry;
III. If the contract is concluded for a voyage, the port of destination and the period upon expiry of which the commitment of the seafarer ceases after arrival at destination;
h) the protection of the health and social security services that must be provided to the seafarer by the shipowner;
(i) the right of the seafarer to a repatriation);
j) reference to the collective agreement, if applicable;
(k) any other particulars that national legislation could impose.
5. each Member shall adopt legislation establishing minimum periods of notice that is given by the seafarers and shipowners for the early termination of the contract of seafarers. These notice periods are fixed after consultation with the organizations of shipowners and seafarers concerned and are not less than seven days.
6. a shorter notice minimum may be given in circumstances recognized by national legislation or collective agreements as justifying termination of the contract of employment with a shorter notice or without notice. In determining those circumstances, the Member shall ensure that the need for the seafarer to terminate, without penalty, the employment agreement at shorter notice or without notice, for humanitarian reasons or for other reasons of emergency, is taken into account.
Guideline B2.1 - Seafarers contract Guideline B2.1.1 - States of service 1.
With regard to the information to be included in the statements of service referred to in paragraph 1 (e)) of standard A2.1, each Member should ensure that the document in question contains enough information, accompanied by a translation in English, to facilitate access to other employment or to meet the sea service requirements for advancement or promotion purposes. A booklet of landing can meet the requirements of paragraph 1(e)) of this standard.
Rule 2.2 – wages purpose: ensure to seafarers the payment for their services 1. All seafarers shall be paid for their work regularly and in full in accordance with their contract of employment.
Standard A2.2 – wages 1. Any member requires that amounts due to seafarers working on vessels flying its flag be paid at intervals not exceeding one month and in accordance with the provisions of applicable collective agreements.
2. the seafarers receive a monthly statement of the amounts which they are due and of those which have been paid, on which should include wages, additional payments and the exchange rate applied if the payments were made in a currency or a rate separate from those which had been agreed.
3. each member requires shipowners take measures, such as those mentioned in paragraph 4 of this standard for seafarers with an opportunity to send a portion or the entire
of their salaries to their families, to persons dependent on them or their successors.
4. measures to be taken to ensure that seafarers are able to reach their earnings to their families include: has) a system allowing seafarers to request, at the time of taking up their duties or on-the-job, part of their salaries be regularly paid to their families by bank transfer or by similar means;
(b)) the obligation that these transfers are carried out in due time and directly to the person or persons nominated by the seafarers.
5. any charges for the service referred to in paragraphs 3 and 4 of this standard must be reasonable in amount and, unless stipulated otherwise, the exchange rate shall, in accordance with national legislation, correspond to the prevailing market rate or the official published rate and not unfavourable to the seafarer.
6. a member which adopted laws or regulations governing the wages of seafarers shall duly consider applying the guiding principles set out in part B of the code.
Guideline B2.2 – Wages Guideline B2.2.1 - specific Definitions 1. For the purposes of this guideline: has) able seaman means any seafarer who is deemed possess the professional competence necessary to fulfil any tssche which execution may be required of one sailor assigned to the deck department, other than the tssches of the supervisory staff or specialist, or any sailor defined as such by the national legislation or the practice or under a collective agreement;
(b) pay or basic pay means the remuneration received, regardless of the elements of a normal hours of work, which precludes the payment of overtime, bonuses or gratuities, allowances, paid leave and other additional emoluments;
(c) consolidated wage means a wage consisting of base salary and other pay-related benefits; the consolidated wage may include compensation for all hours of overtime worked and all other pay-related benefits, or it may include only certain benefits in a partial package;
d) hours of work means time during which seafarers are required to work for the ship;
(e) overtime means hours of work performed in addition to the normal hours of work.
Guideline B2.2.2 - Calculation and payment 1. For the seafarers who receive remuneration separately for overtime worked: a) the normal hours of work at sea and the port should not, for the purposes of the calculation of wages, exceed eight hours per day;
(b) for the purposes of computing overtime, the normal hours of work per week, paid by salary or base pay, should be determined by national legislation, provided that it is not fixed by collective agreements; It should not exceed 48 hours; collective agreements may provide for different treatment but not less favourable;
(c) the rate or rates of pay for overtime, which should in any case be higher than 25% at the hourly rate of pay or basic pay, should be prescribed by national legislation or collective agreement, as the case may be;
(d) the master or a person designated by him, should keep a register of all overtime worked;
This register should be endorsed by the seafarer at intervals not exceeding one month.
2. for seafarers whose wages are fully or partially fixed: has) the maritime employment agreement should specify clearly, if applicable, the number of hours of work expected to be performed by the seafarer for planned remuneration, as well as all additional allowances which might be due in addition to the consolidated wage, and in what circumstances;
(b) when overtime is payable for hours of work performed in excess of the hours covered by the consolidated wage, the hourly rate should be at least 25% than the basic hourly rate corresponding to the normal hours of such work as defined in paragraph 1 of this guideline; the same principle should be applied to the overtime hours covered by the consolidated wage;
c) for wages fully or partially flat part that corresponds to the normal hours of work as defined in paragraph 1 (a)) of this principle Director, compensation should not be less than the applicable minimum wage;
(d) for seafarers whose wages are partially flat, records of all overtime worked should be maintained and signed as provided for in paragraph 1 (d)) of this guideline.
3. national legislation or collective agreements may provide that overtime or work done the day of weekly rest and public holidays will be offset by an exemption of service and presence on Board at least equivalent period or additional leave in place and place of remuneration or any other compensation they might provide.
4. national legislation adopted after consulting the representative organizations of shipowners and people from sea or, as the case may be, collective agreements should take into account the following principles: a) the principle of equal pay for work of equal value should apply to all seafarers working on the same ship without discrimination based on race color, sex, religion, political opinion, national extraction or social origin;
(b) the maritime contract specifying the amount or the rate of wages should be available on board; should be available to the sailor's information on the amount of wages or their rates in him handing at least a signed copy of the relevant information in a language that he understands, or by placing a copy of the contract in a location accessible to the crew, or by any other means appropriate;
(c) wages should be paid in a currency with legal tender, if necessary by bank transfer, cheque or payment order;
(d) at the end of the engagement, any remaining remuneration due should be paid without undue delay;
(e) adequate penalties or other appropriate measures should be taken by the competent authority against any owner that would unduly delay or does not complete payment of all remuneration due;
(f) wages should be paid directly to the bank account designated by the seafarer unless he has requested in writing that it otherwise;
((g) subject to the provisions of paragraph h) of this paragraph, the shipowner should restrict in any way the freedom of the sailor to have his salary;
(h) the wage deductions should be allowed only if: i. This is expressly provided for in national legislation or a collective agreement and the seafarer was informed, in the manner that the competent authority considers most appropriate, of the conditions in which these deductions are made.
II. they do not in total exceed the limit possibly established by national legislation, collective agreements or court decisions;
(i) no deduction should be made on remuneration of the sailor; for obtaining or keeping a job
(j) it should be prohibited to inflict on seafarers of penalties other than those authorized by national legislation, collective agreements or other provisions;
(k) the competent authority should be empowered to inspect stores and services available on board in order to ensure that they practice fair and reasonable prices for the benefit of the seafarers concerned;
l) claims of workers their wages and other sums due in respect of their employment, insofar as they are not guaranteed in accordance with the International Convention on the maritime liens and mortgages, 1993, should be protected by a privilege, in accordance with the convention (No. 173) on the protection of the claims of employees in the event of insolvency of their employer 1992.
5. each Member should, after consulting the representative organizations of shipowners and seafarers, establish procedures to investigate complaints relating to all matters covered by this guideline.
Guideline B2.2.3 - Minimum wages 1. Without prejudice to the principle of free collective bargaining, each Member should establish, after consultation with the representative organizations of shipowners and seafarers, procedures for fixing minimum wages for seafarers. The representative organizations of shipowners and seafarers should participate in the operation of these procedures.
2. establishing such procedures and in fixing minimum wages, should take due account of the international standards of labour relating to the minimum wage and the following principles: a) the level of minimum wages should take into account the nature of the employment of the sea, in the size of ships and the normal hours of work of seafarers;
(b) the level of minimum wages should be adjusted to changes in the cost of life and the needs of seafarers.
3. the competent authority should ensure: has) by means of a system of control and sanctions, that wages paid are not lower than the rates;
(b) any seafarer who has been paid at a rate lower than the minimum rate may recover, by judicial or other, expedited and inexpensive, proceedings the sum remaining due.
Guideline B2.2.4 - Minimum monthly salary or seamen 1 basic pay amount.
Pay or basic pay for a calendar month of service for an able seaman should not be less than the amount periodically set by the joint maritime Commission or another body authorized by the governing body of the international labour office. On decision of the Board of Directors, the Director-general shall notify any revisions of the amount so established to the members of the organization.
2. nothing in this guideline should be interpreted as affecting the agreements between shipowners or their organizations and organizations of seafarers in relation to the regulation of the minimum conditions of employment, provided that these conditions are recognized by the competent authority.
Rule 2.3 - hours of work or rest object: ensure to seafarers working or regulated rest 1. Each Member shall ensure that the duration of the work or rest of seafarers is regulated.
2. each member sets a maximum number of working hours or a minimum number of hours of rest over a period of time in accordance with the provisions of the code.
Standard A2.3 - Hours of work and rest 1. For the purposes of this standard: a) hours of work means the time during which the seafarer is required to do work for the ship;
(b) hours of rest means time is not included in the duration of the work; This term does not include short-term interruptions.
2. within the limits set out in paragraphs 5 to 8 of this standard, any fixed member or the maximum number of hours of work which shall not be exceeded during a given period, or the minimum number of hours of rest which must be provided during a given period.
3. each Member acknowledges that the standard of working time for seafarers, as for other workers, is eight hours, with one day of rest per week, more rest for the holidays. However, nothing prevents a member to adopt provisions to authorize or register a collective agreement which sets the normal working hours of seafarers on a basis that is no less favourable than the standard.
4. to set national standards, any member takes into account the dangers of excessive fatigue of seafarers, especially those including the tssches have an impact on the safety of navigation and the safety and security of the operation of the ship.
5. the limits of hours of work or rest are established as follows: a) the maximum number of hours of work shall not exceed: i. 14 hours per period of 24 hours;
II. 72 hours per seven-day period;
or (b) the minimum number of hours of rest shall not be less in: i. 10 hours per 24-hour period;
II. 77 hours per seven-day period.
6. hours of rest may be divided into in addition to two periods, including one of a duration of at least six hours, and the interval between consecutive periods of rest shall not exceed 14 hours.
7. the gatherings, fire and evacuation drills and exercises prescribed by national legislation and international instruments must take place so as to avoid the possible disturbance of rest periods and does not induce fatigue.
8. when a seafarer is on call, for example when a machinery space is unattended, it enjoys an adequate compensatory rest period if the normal period of rest is disturbed by calls.
9 If no collective agreement or arbitral award, or if the competent authority decides that the provisions of the collective agreement or arbitral award are insufficient with regard to paragraphs 7 and 8 of this standard, the competent authority lays down provisions to ensure the seafarers adequate rest.
(10 each member requires that be posted in an easily accessible location table specifying the Organization of work, which shall indicate for each function at least: a) the programme of service at sea and in port;
b) the maximum hours of work or minimum hours of rest required by national laws or regulations or applicable collective agreements.
11. the table referred to in paragraph 10 of this standard shall be in a standardized in the working language of the ship as well as in English.
12. each member requires that records of daily hours of work or rest of seafarers should be required to make it possible to ensure compliance with paragraphs 5 to 11 of this standard. These registers follow a standardized model established by the competent authority taking into account available from the International Labour Organization guidelines or any model standard established by the organization. They are in the languages indicated in paragraph 11 of this standard. Marin receives a copy of entries in registers concerning, which must be endorsed by the master, or a person authorized by the latter, as well as by the seafarer.
13. nothing in paragraphs 5 and 6 of this standard prevents a member to adopt national legislation or a procedure for the competent authority to authorize or register collective agreements providing for derogations from limits. These derogations shall, to the extent possible, be consistent with the provisions of this standard but may take account of more frequent or longer leave periods or the granting of compensatory leave quarter seafarers or seafarers working on board ships on short voyages.
14. nothing in this standard shall affect the right of the master of a ship to require a seafarer the hours of work necessary for the immediate safety of the ship, persons on board or cargo, or to bring relief to other vessels or persons in distress at sea. If necessary, the master may suspend the normal hours of work or rest and require a seafarer to perform any hours of work necessary until you return to a normal situation. As soon as is practicable after the return to a normal situation, the master shall ensure that any seafarer who performed a work while he was in a period of rest according to the normal schedule is an adequate rest period.
Guideline B2.3 - Hours of work or rest Guideline B2.3.1 – young seafarers 1.
At sea and in port the following provisions should apply to all young seafarers of 18 years of age: a) hours of work should not exceed eight hours per day and 40 hours per week and the parties concerned should not perform overtime only when it is unavoidable for safety reasons;
(b) a sufficient pause should be given for each of the meals and a break of at least one hour should be ensured for the main meal.
(c) a worker 15 minutes rest as soon as possible after the end of a two-hour period should be provided.
2. exceptionally, the provisions of paragraph 1 of this guideline may not be applied where: has) it is not possible to reconcile with watchkeeping of young seafarers to gateway, machines or to general service or when the work organized by team does not.
(b) the effective training of the young seafarers, according to programmes and plans of studies, could be compromised.
3. such exceptions should be recorded, with an indication of the reasons, and signed by the captain.
4. paragraph 1 of this guideline does not exempt young seafarers from the General obligation on all seafarers, to work in any emergency situation, in accordance with the provisions of paragraph 14 of standard A2.3.
Rule 2.4 - entitlement to leave purpose: ensure seafarers with appropriate leave 1. Any Member require that seafarers employed on ships flying its flag are entitled to annual paid leave under appropriate conditions, in accordance with the provisions of the code.
2. permissions on land are granted to seafarers in the interests of health and well-being, provided that they are compatible with the practical requirements of their function.
Standard A2.4 – Entitlement to leave 1. Any Member adopts legislation which determines the minimum annual leave standards to seafarers engaged on vessels flying its flag, with due regard to the special needs of seafarers on leave.
2. subject to the provisions of any collective agreement or legislation providing a method for calculating appropriate taking into account special needs of seafarers in this regard, the annual leave with pay shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment.
The method of calculation of the period of service is determined by the competent authority or body in each country. Justified absences at work are not counted as annual leave.
3. any agreement on the waiver of the right to the minimum paid annual leave as defined in this standard, except in the cases provided for by the competent authority, is prohibited.
Guideline B2.4 - Entitlement to leave Guideline B2.4.1 - calculation of rights 1. Under the conditions
determined by the competent authority or by the appropriate agency in each country, any period of service performed outside the contract of seafarers should be counted into the period of service.
2. under the conditions determined by the competent authority or in an applicable collective agreement, absence from work to attend an approved course of maritime vocational training or for reasons such as illness or an accident, or because of maternity, should be counted in the period of service.
3. the level of remuneration during annual leave should be that of the normal remuneration of the seafarer as established by national legislation or the applicable maritime contract. In the case of seafarers employed for periods of less a year or termination of the employment relationship, the vacation pay should be calculated pro rata.
4. should not be counted in the paid annual leave: has) official and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay;
(b) periods of incapacity for work resulting from illness or accident, or because of maternity, under conditions determined by the competent authority or by the appropriate agency in each country;
c) ashore temporary permissions granted to seafarers during the contract;
(d) compensatory leave of any kind, under conditions determined by the competent authority or by the appropriate agency in each country).
Guideline B2.4.2 - Taking of annual leave 1. The time at which the leave will be taken should be determined by the shipowner after consultation and, to the extent possible, with the agreement of the people concerned sea or their representatives, unless it is fixed by regulation, by collective agreement, arbitral award or any other manner consistent with national practice.
2. seafarers should in principle have the right to take their annual leave at the place where they have actual ties, that is usually at the place to which they have the right to be repatriated. Seafarers should not be required without their consent to take annual leave owing to their other somewhere, otherwise than pursuant to the provisions of the maritime contract or national legislation.
3. seafarers who are required to take their annual leave while they are in one location other than the location authorized in paragraph 2 of this guideline should be entitled to free transport to the nearest place of domicile, whether the place of engagement or place of recruitment; their maintenance costs and other expenses in direct relation to this travel should be borne by the shipowner, and the travel time should not be deducted from annual leave pay owed to them.
4. the seafarers annual leave should be recalled only in cases of extreme emergency and with their agreement.
Guideline B2.4.3 - Division and accumulation 1. Fractionation of the paid annual leave or accumulated leave acquired in a year with a subsequent leave may be authorised by the competent authority or through the appropriate agency in each country.
2. subject to the provisions of paragraph 1 of this guideline, and unless it unless otherwise agreed by an agreement between shipowners and seafarers concerned, the annual leave with pay recommended in this guideline should consist of an uninterrupted period.
Guideline B2.4.4 – young seafarers 1. Special measures should be considered for any seafarer under 18 years who has served for six months, or any other shorter pursuant to a collective agreement or a contract of seafarers without leave on a ship going abroad, which is not returned in the country where he is domiciled during this period and will not return during the three months of travel following. These measures could give him the right to be repatriated, no cost to itself, instead of its original commitment in the country of his home so that he could take leave accumulated during the trip.
Rule 2.5 – repatriation purpose: ensure seafarers are able to return home 1. Seafarers are to be repatriated without cost to themselves in the cases and under the conditions specified in the code.
2. any member requires vessels flying its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the code.
Standard A2.5 – repatriation 1.
Each Member shall ensure that seafarers aboard vessels flying its flag have the right to be repatriated in the following cases: a) when the maritime employment agreement expires while interested parties located abroad;
(b) where the contract of seafarers is denounced: i. by the shipowner; or (ii). by the seafarer for reasons justified;
(c) when the sailor is no longer able to exercise the functions provided for by the contract of seafarers or that it is not possible ask him to exercise account taken of circumstances.
2. any Member shall ensure that appropriate provisions are laid down in its legislation or other measures or in collective bargaining agreements, prescribing: a) the cases in which the seafarers are entitled to be repatriated, in accordance with paragraph 1) b and c) of this standard;
b) the maximum duration of periods on Board at the end of which the seafarers are entitled to repatriation;
These periods shall be less than 12 months;
c) details of the rights to be granted by the shipowner for repatriation, including the destinations of repatriation, the mode of transport, expenditure to be taken into care and other provisions that it is incumbent to take.
3. each Member shall prohibit shipowners to marin, at the beginning of his employment, require an advance to cover the costs of his repatriation and, also, to recover from the sailor the cost of repatriation on his salary or his other rights, unless the person concerned has been recognized, in accordance with national legislation, to other provisions or applicable collective agreements guilty of a serious breach of his employment.
4. the national legislation must not impede the right of the shipowner to recover the cost of repatriation on the basis of contractual arrangements with third parties.
5. If a shipowner fails to make arrangements for the repatriation of a sailor who is entitled or pay for it: a) the competent authority of the flag State is organizing the repatriation of the seafarer; If it fails to do so, the State from whose territory the seafarer to be repatriated or the State of which he is a national can organize repatriation and recover the costs from the flag State;
(b) the flag State may recover from the owner the costs incurred for the repatriation of the seafarer;
(c) the expenses of repatriation shall in no case be borne by the seafarer, except under the conditions laid down in paragraph 3 of this standard.
6. taking account of relevant international instruments, including the International Convention of 1999 on arrest of ships, a member which has paid the cost of repatriation in accordance with the provisions of the code can immobilize the ships of the shipowner concerned, or ask their capital until the refund is made in accordance with the provisions of paragraph 5 of this standard.
7. any Member facilitates the repatriation of seafarers serving on ships calling at its ports or through its territorial or internal waters, as well as their replacement on board.
8. in particular, a member shall not deny a seafarer the right to be repatriated because of the financial situation of a shipowner or on the grounds that it is unable or refuses to replace the person concerned.
9. any member requires on ships flying its flag, a copy of the national provisions applicable to the repatriation be owned and made available to seafarers, in language that suits.
Guideline B2.5 – Repatriation Guideline B2.5.1 - Conditions of rights to repatriation 1.
Seafarers should have the right to be repatriated: has) in the case provided for in paragraph 1 (a)) of standard A2.5, at the end of the period of notice given in accordance with the provisions of the contract of seafarers;
(b) in the case provided for in paragraph 1 (b)) and c) of standard A2.5: i. in the case of illness or accident or for some other medical reason that requires the repatriation of the seafarer when found medically able to travel;
II. in the event of sinking;
III. when the owner is no longer able to fulfil its obligations legal or contractual employer towards sailor because of insolvency, sale of vessel, change of registration of the ship, or for any other similar reason;
IV. when a ship's route to a zone of war, as defined by national legislation or the contract of seafarers, which the seafarers do not consent to go;
v. termination or suspension of employment of the seafarer in accordance with an arbitral award or in a collective agreement, or termination of employment for any other similar reason.
2. to set the maximum duration of periods of boarding at the end
which the seafarer is entitled to repatriation, in accordance with the present code, should take account of the factors that affect the workplace of the sailor. Every Member should, as far as possible, endeavour to reduce these times according to the changes and developments of technology and could be guided by the recommendations of the joint maritime Commission on the subject.
3. pursuant to the standard A2.5, the costs to be borne by the shipowner in case of repatriation should include at least: a) the journey to the destination selected for repatriation in accordance with paragraph 6 of this guideline;
b) accommodation and food from the sailor from the time it leaves the ship until arrival at the destination of repatriation;
(c) pay and allowances from the moment where the seafarer left the ship until arrival at the destination of repatriation if it is provided for by national legislation or collective agreements;
d) transportation of 30 kg of personal baggage of marin to the repatriation destination;
e) medical treatment, if necessary, until the State of health of the seafarer allowed to travel to the repatriation destination.
4. the time spent in waiting for repatriation and the duration of the trip should not be deducted from paid leave that marin has acquired.
5. the shipowner should continue to bear the costs of repatriation until the sailor is landed at a destination fixed in accordance with this code, or until it gets a suitable employment on board a ship travelling to one of these destinations.
6. each Member should provide that the shipowner will have the responsibility of organizing the repatriation by appropriate and expeditious means. Air transport should be the normal mode of transport. The Member should prescribe the destinations to which seafarers may be repatriated. These destinations should include the countries with which seafarers shall be deemed having the actual clips, including: a) the place where the seafarer has agreed to undertake;
(b)) the place stipulated by collective agreement;
(c) the country of residence of the sailor;
(d) any other place agreed between the parties at the time of commitment.
7. the seafarers should have the right to choose, among the prescribed destinations the place to which they are to be repatriated.
8. the right to repatriation may expire if interested marin is not claimed within a reasonable time defined by national legislation or collective agreements.
Guideline B2.5.2 - implementation by members 1. Every possible practical assistance should be given to the remaining sailor in a foreign port pending repatriation and, when it was slow to be repatriated, the competent authority in the foreign port should ensure that the consular representative or the representative of the State flag and the State of which the seafarer is a national or of the State in which he resides are informed immediately.
(In particular, 2. each Member should ensure that satisfactory arrangements exist: has) for that any seafarer employed on a vessel flying flag of a foreign country be repatriated when it is landed in a foreign port for a cause which he is not responsible for: i. to the port of commitment;
II. is a port of the State of which he is a national or of the State of residence, as appropriate;
III. either to any other port fixed by agreement between the person concerned and the master or shipowner, with the approval of the competent authority or subject to other appropriate safeguards;
(b) to ensure that any seafarer employed on a vessel flying flag of a foreign country to receive medical care and maintenance benefits when it is landed in a foreign port due to illness or an accident occurred, without intentional fault of his own, in the service of the vessel.
3. If it appears that after serving on a ship for at least four months during his first trip abroad a sailor from 18 years of age is not suitable for life at sea, it should have the possibility to be repatriated at no expense to themselves, the first port of relssche which is appropriate in which there are consular services of the flag State of the vessel or the State of which the young sailor is a national or the State in which he resides. The repatriation carried out under the conditions above and its reasons should be notified to the authorities which issued the document having helped the young sailor boarding.
Rule 2.6 - compensation of seafarers in the event of loss of the ship or sinking object: ensure that seafarers will be compensated in the event of loss of the ship or sinking 1. Seafarers are entitled to adequate compensation in case of injury, loss or unemployment arising from the loss of the ship or the wreck.
Standard A2.6 - Compensation of seafarers in the event of loss of the ship or sinking 1.
Any Member makes provision so that, in case of loss of the ship or sinking, the shipowner pays each sailor on Board compensation to deal with unemployment resulting from the loss or foundering.
2. the provisions of paragraph 1 of this standard are without prejudice to the other rights that seafarers may have under the national law of the Member concerned for loss or damage arising from the loss of the ship or the wreck.
Guideline B2.6 – Compensation for seafarers in the event of loss of the ship or sinking principle Director B2.6.1 - calculation of the unemployment allowance 1. The compensation due to unemployment resulting from the loss of the ship or the wreck should be paid for every day of the effective period of unemployment of the sailor at the rate of the wages payable under the contract of employment, but the total amount of compensation payable to each seafarer may be limited to two months of salary.
2. each Member should ensure that seafarers can have recourse, for the recovery of these allowances, to the same legal procedures for the recovery of arrears of wages earned during the service.
Rule 2.7 - staff purpose: to ensure that seafarers work on board ships with sufficient staff to ensure safety, efficiency and safety of the operation of ships 1.
Any member requires that all ships flying its flag have a sufficient number of seafarers employed on board to ensure the safety and efficiency of the operation of the ship, attention being paid to security, whatever the circumstances, taking into account the concern to avoid too much fatigue to seafarers as well as the nature and conditions of travel.
Standard A2.7-manning 1 levels. Any member requires that all ships flying its flag have on board the staffing to ensure security and the efficiency of the operation of the ships, the necessary attention to safety. Every ship shall have on board a sufficient crew, in number and quality, to ensure the safety and security of the ship and its personnel, operating conditions, in accordance with the minimum safety manning document or any other equivalent document prepared by the competent authority, and to meet the standards of this convention.
2. to determine, approve or revise the complement of a ship, the competent authority takes into account the need to avoid or restrict excessive work hours to ensure sufficient rest and to limit fatigue, as well as principles on this subject in applicable international instruments, including the international maritime organization.
3. when determining the strength, the competent authority takes into account all the requirements of rule 3.2 and standard A3.2 concerning food and catering.
Guideline B2.7 - Staffing Guideline B2.7.1 - dispute resolution 1.
Each Member should establish or verify that there is an effective mechanism to investigate and resolve complaints or disputes relating to the staffing of a ship.
2. representatives of organizations of shipowners and seafarers should participate, with or without other persons or authorities, in the operation of this mechanism.
Rule 2.8 - career and development of professional skills and employment opportunities for the people of sea object: promote the development of careers and professional skills as well as the employment opportunities for seafarers 1. Any member must have national policies to promote employment in the maritime sector and to encourage the Organization of career and development vocational skills as well as the improvement of the employment opportunities for seafarers domiciled in its territory.
Standard A2.8 - Career and development of vocational skills and employment opportunities for seafarers 1.
Each Member shall have national policies to encourage the development of careers and skills as well as the employment opportunities for seafarers, so that the maritime sector is equipped with a stable and competent workforce.
2. the policy referred to in paragraph 1 of this standard are intended to help seafarers strengthen their skills, their skills and their job opportunities.
3. each Member, after consultation with the organizations of shipowners and seafarers concerned, sets clear objectives for guidance, education and vocational training of seafarers whose duties on board the ship essentially concern
the safe operation and navigation of the ship, including ongoing training.
Guideline B2.8 - Career and development of professional skills and employment opportunities for the people of sea Guideline B2.8.1 - measures to promote the development of careers and professional skills as well as the employment opportunities for seafarers 1.
Measures to be taken to achieve the objectives set out in standard A2.8 might particularly be the following: a) agreements on career development and training with a shipowner or an organization of shipowners;
(b) measures to promote employment grssce to the establishment and maintenance of registers or lists, by categories, of qualified seafarers;
c) promotion of opportunities, on board and ashore, professional development of seafarers in order to develop their skills and provide them with transferable skills, to enable them to find a decent job and keep it, improve the prospects of employment for each and adapt to changes in technology and the labour market conditions in the maritime sector.
Guideline B2.8.2 - Register of seafarers 1. Where registers or lists govern the employment of seafarers, these registers and these lists should include all occupational categories of seafarers in a manner determined by legislation or national practice or collective agreements.
2. seafarers on such a register or such a list should have priority of engagement for navigation.
3. seafarers on such a register or such a list should be prepared to work in a manner that the legislation or national practice or collective agreements shall determine.
4. insofar as the national law so permits, the number of registers and lists of seafarers should be revised periodically in order to attach it to a level corresponding to the needs of the maritime sector.
5. when a reduction in the strength of such a register or such a list becomes necessary, all appropriate measures should be taken to prevent or mitigate adverse effects on seafarers, taking into account the economic and social situation of the country.
TITLE 3. HOUSING, recreation, food and catering regulation 3.1 – accommodation and recreational object: ensure that seafarers on board accommodation and decent recreational activities 1.
Each Member shall ensure that ships flying its flag provide and maintain for seafarers working and living on board accommodation and decent entertainment venues to promote their health and well-being.
2. the requirements of the code implementing this regulation which relate to the construction and equipment of ships apply only to ships constructed on or after the date of entry into force of this convention for the Member concerned the date. For ships constructed before that date, the requirements for the construction and equipment of vessels, 1949 (No. 92) the accommodation of crews Convention (revised), and the accommodation of crews (supplementary provisions), 1970 (No. 133) convention, will continue to apply, to the extent they were applicable before that date under the legislation or practice of the Member concerned. A ship shall be deemed to have been made on the date on which the keel was laid or when its construction is at a similar stage.
3. unless expressly provided otherwise, any limitation resulting from an amendment to the code regarding seafarers housing and leisure venues apply only to ships constructed on or after the date on which the amendment takes effect for the Member concerned the date.
Standard A3.1 — Accommodation and recreational 1.
Each Member shall adopt legislation requiring that vessels flying its flag: a) comply with the minimum standards required to ensure that the housing available to seafarers working or living on board are safe, decent and consistent with the relevant provisions of this standard;
(b) are subject to inspections to ensure that initial and permanent of these standards.
2. for the development and implementation of legislation relating to this standard, the competent authority, after consultation with the organizations of shipowners and seafarers concerned: a) takes into account rule 4(3) and the corresponding provisions of the code concerning the protection of health and safety and the prevention of accidents in the light of the specific needs of seafarers who live and work on board ship;
(b) duly intends to follow the guiding principles set out in part B of the code.
3. the inspections required by regulation 5.1.4 take place: a) during the first registration of the vessel or during a new registration;
(b) in the case of substantial alteration of accommodation of seafarers on the ship.
4. the competent authority shall ensure with particular care in the application of the requirements of this convention relating to: has) the size of the cabins and other accommodation spaces;
b) heating and ventilation;
c) noise and vibration and other ambient factors;
(d) sanitary facilities);
(f) the infirmary).
5. the competent authority of any Member shall ensure that ships flying the flag of that member observed, with regard to housing facilities and places of entertainment on board, the minimum standards which are laid down in paragraphs 6 to 17 of the present standard.
6. with respect to General requirements for housing: has) in all premises for the accommodation of seafarers, the height of the free space must be sufficient; It must not be less than 203 centimetres in the premises for the accommodation of seafarers in order to ensure a full ease of movement; the competent authority may authorise a reduction, within certain limits, the height of the free space in all or part of the space of these premises if it considers that this reduction: i. is reasonable;
II. does not harm the comfort of seafarers;
(b) the accommodation shall be adequately insulated;
((c) on ships other than passenger ships, as defined in rule 2 (e)) and (f)) of the International Convention for the safety of life at Sea 1974, as amended (SOLAS Convention), the booths shall be situated above the load line, in the middle or the back of the ship, except in exceptional cases where they can be located in the before the ship because another location would not be possible given the type of the ship, its size or of the service for which it is intended, but in no case beyond the collision bulkhead;
(d) on the passenger ships, and on special vessels constructed in accordance with applicable to special ships of the IMO code of safety, 1983, and later (hereinafter referred to as 'special vessels'), the competent authority may, on condition that satisfactory arrangements are made for lighting and ventilation, permit that cabins are installed below the load line but in no case just below the corridors of service;
(e) the booths must not open directly onto the compartments assigned to the cargo, the engine room, kitchens, stores, the drying rooms or communal sanitary; parts of partitions separating these premises of the cabins, as well as external bulkheads must be properly constructed of steel or other approved material and be impervious to water and gas;
(f) the materials used to construct internal bulkheads, panels or coatings, soils and connections must be fit for their purpose and own to guarantee an environment safe for health;
(g) housing should be well lit and sufficient devices shall be provided for the drainage;
(h) facilities for housing, leisure and catering must conform to the requirements of rule 4.3, and to the corresponding provisions of the code relating to the protection of health and safety as well as the accident prevention with regard to the prevention of the risk of exposure to harmful noise and vibration levels and other ambient factors and chemicals on board ships and to ensure seafarers a workplace and a living environment acceptable on board.
7. with regard to the ventilation and heating: has) sleeping rooms and mess rooms shall be adequately ventilated;
(b) all vessels, except those who sail regularly in areas where the mild climate it is not required, shall be equipped with a system of air conditioning of dwellings of seafarers, the radio room and any central control station machines;
(c) the ventilation of all sanitary installations must be done by communicating directly with the open air, independently of any other part of the accommodation;
(d) a satisfactory heating system must provide the desired heat, except ships which navigate exclusively in tropical climates.
8. with respect to requirements for lighting, subject to the special arrangements may
authorized on board passenger vessels, cabins and mess rooms shall be lit by the natural light and provided with adequate artificial lighting.
9. where cabins are required on ships, they must meet the following requirements: a) on ships other than passenger ships, each sailor must have an individual cabin;
in the case of ships of less than 3,000 gross tonnage or special vessels, the competent authority may, after consultation with the organizations of shipowners and seafarers concerned, authorise derogations from this requirement;
(b) separate cabins shall be made available to men and women;
(c) the cabins must be size appropriate and managed in a way to ensure reasonable comfort and to facilitate the good behaviour;
(d) each sailor must have in every circumstance of his own bunk;
(e) the inside dimensions of the berths shall not be less than 198 centimetres by 80 centimetres;
(f) the area per occupant of booths at a single berth seafarers shall not be less in: i. 4.5 metres square in ships of less than 3,000 gross tonnage;
II. 5.5 square metres in ships of a gross tonnage equal to or greater than 3000 but less than 10,000;
III. 7 square metres in ships of a gross tonnage equal to or greater than 10,000;
(g) However, to permit the development of cabins at a single berth vessels of a gross tonnage of less than 3,000, special vessels and passenger vessels, the competent authority may authorise an area smaller;
(h) in ships of a gross tonnage of less than 3 000 other than passenger ships and special vessels, cabins may be occupied by two sailors up. The area of the cabins must not be less than 7 square metres;
(i) to the edge of the passenger ships and special ships, the area of the cabins of the seafarers who do not exercise the functions of officer should not be less to: i. 7.5 metres square for two persons cabins.
II. 11.5 square metres for the cabins of three people;
III) 14.5 square metres for the four persons cabins;
(j) special vessels, cabins can be occupied by more than four people. The area per occupant of these cabins must not be less than 3.6 square metres;
(k) on ships other than passenger ships and special vessels, the area per occupant of the cabins intended for seafarers who perform the duties of officer, when they don't have a private room or office, shall not be less in: i. 7.5 metres square in ships of less than 3,000 gross tonnage;
II. 8.5 square metres in ships of a gross tonnage equal to or greater than 3000 but less than 10,000;
III. 10 square metres in ships of a gross tonnage equal to or greater than 10,000;
(l) on passenger ships and special vessels, the area per occupant cabins intended for seafarers who perform the duties of officer, when they don't have a private room or office, shouldn't be less than 7.5 square metres for junior officers and 8.5 square metres for senior officers. Means officers junior officers at the operational level and senior management officers;
(m) the master, the Chief Engineer and the chief mate must have a contiguous room in their cabin that will serve as them a private room or office or equivalent space. The competent authority may exempt from this obligation for vessels of a gross tonnage of less than 3,000 after consultation with the organizations of shipowners and seafarers concerned;
(n) for each occupant, the furniture shall include a wardrobe to clothes with a minimum capacity of 475 litres and a drawer or a space equivalent to at least 56 litres. If the drawer is incorporated in the Cabinet, the combined minimum volume of it must be 500 litres. It must be equipped with a shelf and the user must be able to close key in order to preserve his privacy.
(o) each cabin must be provided with a table or desk, model fixed, folding or sliding, and comfortable seats as required.
10. with respect to requirements for mess rooms: a) mess rooms shall be separated from the cabins and located as close as possible to the kitchen. The competent authority may, after consultation with the organizations of shipowners and seafarers concerned, exempt from this obligation ships of less than 3,000 gross tonnage;
(b) mess rooms shall be of a size and a sufficient comfort and properly furnished and equipped, including in what concerns the possibility to obtain drinks at any time, taking into account the number of seafarers likely to use them at any given time. Separate or common mess are provided if applicable.
11. with respect to requirements for sanitary facilities: has) all seafarers must have conveniently access to sanitary facilities on board meets minimum standards of health and hygiene and reasonable comfort standards, facilities separate being provided for men and for women;
(b) there must be easily accessible sanitary facilities of the bridge navigation and the room machines or near this room control station; the competent authority may exempt ships with a gross tonnage of less than 3,000 from this requirement after consultation with the organizations of shipowners and seafarers concerned;
c) on board any ship, there should be a place suitable for the minimum of the toilet, sink and a bathtub or a shower, or both, for each group of six people or less who have no personal facilities;
(d) except on passenger ships, each cabin must be equipped with a washbasin supplied with hot and cold running fresh water except when there is one in the adjoining closet;
(e) on the edge of passenger ships normally engaged on voyages of a duration not exceeding four hours, the competent authority may consider special arrangements or a reduction in the number of health facilities required;
(f) all points of water allocated to the care of cleanliness must be supplied with hot and cold running fresh water.
12. as regards the requirements for the infirmary, any vessel carrying 15 sailors or more and assigned to a trip lasting over three days has of a separate infirmary for exclusively medical purposes. The competent authority may grant derogations from this provision with respect to the ships engaged in coastal shipping. Upon approval of the infirmary, the competent authority shall ensure that it is easily accessible by all time and that its occupants are comfortably housed and can quickly receive the necessary care.
13. appropriately situated and furnished laundry facilities shall be provided.
14. at the edge of all ships, seafarers must have access outside their hours of service to one or more locations on the open deck; This space must have a sufficient size, taking into account the dimensions of the vessel and the number of seafarers on board.
15. all vessels must have separate offices or a joint office to the ship for the deck department and machines; the competent authority may exempt from this obligation for vessels of less than 3,000 gross tonnage after consultation with the organizations of shipowners and seafarers concerned.
16. the vessels periodically touching mosquito-infested ports shall be consequently according to the requirements of the competent authority.
17. facilities, amenities and appropriate recreational services, adapted to the special needs of seafarers who must live and work on ships, are put at the disposal of all seafarers on board, taking into account the provisions of rule 4(3) and the corresponding provisions of the code relating to the protection of health and safety and the prevention of accidents.
18. the competent authority shall require frequent inspections to be carried out on board ships by the master or under its authority, so that the accommodation of seafarers is maintained in a good state of maintenance and cleanliness, and offers decent conditions of habitability. The results of each inspection shall be recorded in writing and are available for consultation.
19. in the case of ships where there is taken into account, without any discrimination, of the interests of seafarers having religious and social practices different and distinct, the competent authority may, after consultation with the organizations of shipowners and seafarers concerned, authorise derogations applied fairly, to the provisions of this standard, provided that it does not result in a situation which overall, would be less favourable than that which would have resulted from the implementation of the standard.
20. any Member may, after consultation with the organizations of shipowners and seafarers concerned, exempt from the requirements of the provisions of the standard listed below ships with a gross tonnage of less than 200 when reasonable, taking account of the size of the vessel and the number of persons on board: a) paragraphs 7 b), 11 (d)) and 13;
paragraph 9 (f)) and h) l), only in relation to the area.
21. derogations from the requirements of this standard will be possible only in the cases expressly provided for in this standard and only in special circumstances where strong grounds can be invoked to justify and subject to protecting the health and safety of seafarers.
Guideline B3.1 – Accommodation and recreational Guideline B3.1.1 - design and construction 1.
External bulkheads of cabins and mess rooms should provide adequate insulation. The machinery casings, as well as the partitions that limit or other spaces that produce heat, kitchens should be adequately insulated where this heat would bother in housing and adjacent passageways. Steps should also be taken to ensure protection against the effects of heat from steam or hot water piping, or both.
2 cabins, mess rooms, recreation rooms and passageways within the crew accommodation should be adequately insulated to prevent condensation or overheating.
3. bulkheads and ceilings should be made of a material whose surface can easily be kept clean. Should avoid any kind of construction likely to harbour vermin.
4 partitions and ceilings of the cabins and mess rooms should be able to be easily kept clean and should be a clear, strong color and non-toxic.
5. materials and method of construction of coatings of bridge in any space allocated for the accommodation of seafarers should be approved;
These coatings should be non-slip and impervious to moisture, and keeping them in a State of cleanliness should be easy.
6. where bridge coatings are made of composite materials, the connection with the walls should be contoured to prevent cracks.
Guideline B3.1.2 - Ventilation 1. The cabins and mess rooms ventilation system should be adjustable so as to maintain the air in satisfactory conditions and to ensure adequate circulation in all weathers and all climates.
2. air-conditioning systems, be they individual or central, type should be designed: a) to maintain the atmosphere at a temperature and relative humidity satisfactory compared to outside air conditions, ensure a renewal of air sufficient in all rooms air conditioned, to take account of the particular characteristics of operations at sea and not produce vibration or excessive noise;
(b) to facilitate the maintenance and disinfection to prevent or control the spread of diseases.
3. the driving force required to operate the air conditioning system and other ventilation systems referred to in the paragraphs above in this guideline should be available during all the time where seafarers living or working on board and when circumstances require. However, it is not necessary to use for this purpose a source of backup power.
Guideline B3.1.3 - Heater 1. Installation of heating the seafarer accommodation should work all the time where seafarers living or working on board and when circumstances require.
2. at the edge of any vessel which must exist a heating installation, it should be ensured by hot water, warm air, electricity, steam or equivalent means. However, in the housing area, steam should not be used for the transmission of heat. The heating system should be able to maintain the temperature at a satisfactory level in the accommodation of seafarers in normal time and climate that the vessel is likely to encounter during navigation. The competent authority should prescribe the conditions to realize.
3. radiators and other heating apparatus should be placed and, where necessary, protected so as to avoid the risk of fire and do not constitute a source of danger or inconvenience to the occupants of the premises.
Guideline B3.1.4 - Lighting 1. Any vessel should be provided with a facility to provide light to electricity the accommodation of seafarers. If there is no on board two independent sources of electricity generation, additional emergency lighting should be provided by means of lamps or lighting of appropriate model.
2. in the cabins, an electric reading lamp should be placed at the head of each berth.
3. suitable standards of natural and artificial lighting should be established by the competent authority.
Guideline B3.1.5 - Cabins 1. Berths should be adapted so as to ensure the greatest possible comfort to marin and partner which accompanies it possibly.
2. where this is reasonable and practicable, taking into account the dimensions of the ship, the activity to which it is assigned and its layout, the cabins should be designed and equipped with bathroom with toilet, in order to ensure a reasonable to their occupants comfort and to facilitate good outfit.
3. as far as practicable, cabins should be distributed to separate quarters and avoid people who work the day and persons providing quarter-share a same cabin.
4. the members of the petty staff should not be accommodated more than two per cabin.
5. insofar as practicable, consideration should be given to the second engineer of the provision contained in paragraph 9 m) Standard A3.1.
6. space occupied by berths, cabinets, chests of drawers and seats should be included in the calculation of the area. Cramped spaces or irregularly shaped which do not actually increase the available space to circulate and which cannot be used to place furniture should not be included in this calculation.
7. the overlay in addition of two berths should be prohibited. In case of berths placed along the sides of the ship, it should be bunks where a sidelight is situated above a berth.
8. when berths are superimposed, the lower bunk should not be placed less than 30 cm from the floor; the upper berth should be placed approximately halfway between the bottom of the lower berth and the underside of the ceiling beams.
9. the framework for a berth and, where appropriate, the Board of roll should be of a material approved, hard, smooth, and not likely to corrode or to harbour vermin.
10. tubular frames used for the construction of berths should be completely closed and does not contain perforations which would give access to vermin.
11. each berth should be equipped with a comfortable box-Spring mattress or a mattress-box spring combined. The mattress and its padding should be of an approved material. Should not be used for the mattress cushioning material likely to harbour vermin.
12. when berths are superimposed, a waterproof bottom dust should be set below the box spring to the top bunk.
13. the furniture should be built in smooth and hard material not liable to warp or corrode.
14. the cabins should be fitted with curtains or equivalent.
15. each cabin should be fitted with a mirror, small cabinets for the toilet requisites, a book rack and a sufficient number of coat hooks.
Guideline B3.1.6 - Mess rooms 1. Mess rooms may be common or separate. The decision on the matter should be taken after consultation with the representatives of the people of sea and shipowners and subject to the approval of the competent authority. Should take into account factors such as the size of the ship and the various cultural, religious or social characteristics of seafarers.
2. where separate mess must be installed for seafarers, a separate mess rooms should be provided for: a) the master and officers;
b) petty personnel and other seafarers.
3. edge of ships other than passenger ships, the area of mess rooms for the use of seafarers should not be less than 1.5 square metres per seating provided.
4 at all ships mess rooms should be equipped with tables and appropriate, fixed or removable seats in number enough for the greatest number of seafarers likely to use them at the same time.
5. the following facilities should be usable at all times when seafarers are on board: has) a refrigerator of sufficient capacity for the number of persons using the mess; and convenient access
(b) facilities to provide hot beverages;
(c) distribution of fresh water facilities.
6. a suitable facility for washing the cutlery and cabinets sufficient to store these utensils should be provided when offices which may exist are not directly accessible from the mess.
7. the tops of tables and seats should be of damp-resistant material.
Director B3.1.7 - sanitary facilities 1. Washbasins and baths should be of adequate dimensions and approved material, smooth surface not liable to crack, flake or corrode.
2. all toilets should be of an approved pattern and provided with an ample flush of water or other means of adequate evacuation, such as a suction system, in constant operation and individual command State.
3. sanitary facilities intended to be used by several persons should conform to the following: a) floor coverings should be of approved durable material impervious to moisture;
they should be equipped with an effective system of water flow;
(b) the walls should be of steel or other approved material and be watertight to a height of at least 23 cm from the floor;
(c) the premises should be sufficiently lit, heated and ventilated;
(d) the toilets should be located in a place readily accessible cabins and water points allocated to the care of cleanliness, but they should to be separated; they should not give directly on the cabins or a passage which would constitute only an access between cabins and toilets;
However, this latter provision should not apply to the washrooms located between two booths with the total number of occupants does not exceed four.
(e) when several toilets are installed on the same premises, they should be sufficiently encloses to ensure privacy.
4. the material made available to seafarers for laundry should include: a) machine wash;
(b) machines to dry the laundry or drying space properly heated and ventilated;
(c) irons and ironing boards or equivalent devices.
Guideline B3.1.8 – Clinic 1. The clinic should be designed to facilitate consultations and the administration of first aid as well as to help prevent the spread of infectious diseases.
2. the entrance, berths, lighting, ventilation, heating and water system should be arranged to ensure the comfort and facilitate the treatment of the occupants.
3. the number of berths to install in the infirmary should be prescribed by the competent authority.
4. the occupants of the infirmary should have, for their exclusive use of health facilities that are part of the clinic itself or are located in close proximity to it. These health facilities should include at least a toilet, a sink, a bathtub or a shower.
Guideline B3.1.9 - other facilities 1.
When separate facilities are provided to enable the machines to change service personnel, they should be: a) located outside the engine-room, but easily accessible;
(b) equipped with individual cabinets, as well as tubs or showers or both and washbasins, supplied with hot and cold running fresh water.
Guideline B3.1.10 – Bedding, table and various articles 1 Articles. Each Member should consider applying the following principles: has) articles of bedding and the cutlery in good condition of cleanliness should be provided by the shipowner to all the seafarers, who will use on board while in the service of the ship and who, on the dates specified by the captain and when they will cease to be at the service of the vessel will make them;
(b) the bedding should be of good quality. Plates, cups and other tableware should be of an approved material and suitable for easy cleaning;
(c) towels, SOAP and toilet paper should be provided by the shipowner to all seafarers.
Guideline B3.1.11 - Facility arrangements for mail and visits on board vessels 1. It should be revisited frequently leisure services and facilities to ensure that they are adapted to the needs of seafarers, taking into account the evolution of technology and the operating conditions and other novelty in the sector of maritime transport.
2 recreational facilities should at least be equipped with a library and the means necessary to read and write and, if possible, game.
3 the establishment of plans for recreation facilities, the competent authority should consider the installation of a canteen.
4. where practicable, should also consider providing free of charge to seafarers: a) a smoking room;
b) the possibility to watch TV and listen to the radio;
(c) the opportunity to watch films, the stock of which should be adequate for the duration of the voyage and, where appropriate, be changed at reasonable intervals;
(d) sports equipment, including equipment fitness, table games and deck games;
(e) where appropriate, means of swimming.
(f) a library containing works of professional and other nature, in sufficient quantity for the duration of travel, and the stock of which should be changed at reasonable intervals;
(g) ways to make handicraft works to relax;
(h) electronic devices such as radios, televisions, video recorders, CD/DVDs, computers, software players, cassette recorders;
(i) if there is place, bars for seafarers, unless this is contrary to national, religious or social habits
(j) reasonable access to telephone communications with the Earth as well as electronic messaging services and Internet, if applicable, appropriate for a reasonable fee.
5 should be implemented so that seafarers mail to be routed under the safest conditions and fastest possible. Efforts should also be considered for seafarers do not have to pay additional charges when mail is returned to them as a result of circumstances beyond their control.
6. measures should be considered to ensure, subject to national or international legislation applicable, that, whenever this is possible and reasonable, seafarers quickly get authorization to receive their partner or parents and friends on their ship as visitors when it is located at the port. These measures should take into account permissions that are required for security purposes.
7. the possibility of allowing seafarers to be accompanied by their partners from time to time on a trip should be taken into consideration, when it is possible and reasonable. Partners should carry adequate insurance covering the risks of accident and illness; the shipowner should grant seafarers any support for this insurance.
Guideline B3.1.12 - Prevention of noise and vibration 1. Housing, leisure and catering facilities should be located as far as possible machines, the compartment of the steering gear, winches of Pontus, ventilation, heating systems and air conditioning, as well as other machines and noisy aircraft.
2 soundproofing materials or other materials suitable absorbent noise should be used for the construction and finish of the walls, ceilings and bridges inside the noisy spaces, as well as automatic doors to ensure soundproofing local housing machines.
3. the engine room and other premises machines should be provided, wherever practicable, central command posts soundproof to the use of the engine-room staff. Workstations such as the workshops should be isolated, insofar as possible, to avoid the general sound of the engine room, and measures should be taken to reduce noise from the operation of the machines.
4 noise levels allowed in workstations and tenancies should comply with the international guidelines of the ILO relating to exposure levels, including those contained in the code of practice of the ILO entitled ambient factors in the workplace, 2001, and, where applicable, the specific protection recommended by the international maritime Organization standards as well as any amending text or additional subsequent matter of acceptable noise levels on board ships. A copy of the applicable instruments, in English or in the working language of the ship should be kept on board and be available to seafarers.
5. housing, places of recreation and catering should not be exposed to excessive vibrations.
Rule 3.2 – food and catering purpose: ensure seafarers a good quality supply, including drinking water, served in regulated hygienic conditions 1. Each Member shall ensure that ships that fly its flag carry on board and provide food and drinking water of appropriate quality whose nutritional value and quantity meet the needs of the people on board, taking into account their cultural and religious affiliations different.
2. seafarers on board a ship are fed free of charge until the end of their commitment.
3. seafarers employed
as ship chefs responsible for the preparation of the meals must have the training and qualifications required for this position.
Standard A3.2 - Food and catering 1. Each Member shall adopt laws, regulations or other measures aimed at ensuring minimum standards in relation to the quantity and quality of food and drinking water standards for table service for meals served to seafarers on ships that fly its flag and must, by educational activities awareness of the standards referred to in this paragraph and to promote the application.
(2. each Member shall ensure that ships that fly its flag comply with the following minimum standards: has) a sufficient supply of food and drinking water, nutritional value, quality and a satisfactory variety, taking into account the number of seafarers on board, their religion and their cultural habits in food as well as the duration and the nature of the trip.
(b) management and the service equipment of kitchen and table that allow to provide to the seafarers of adequate, varied and nutritious meals prepared and served in satisfactory hygiene conditions;
(c) a kitchen and table staff adequately trained or having received the necessary instruction.
3. shipowners shall ensure that seafarers engaged as ship's Cook are trained, qualified and recognized competent for the position in accordance with the provisions of the legislation of the Member concerned.
4. the requirements referred to in paragraph 3 of this standard include the need to follow a training course approved or recognized by the competent authority, on the practical suitability for cooking, personal hygiene and food hygiene, food storage, management of stocks, and the protection of the environment and the health and safety in the kitchen and table service successfully.
5 first of vessels operating with a staff of less than ten persons who, due to the size of the crew or the mode of operation, may not be required by the competent authority to carry a fully qualified Cook, anyone who prepares the food in the kitchen must have been trained or educated in areas including food and hygiene personal as well as handling and storage of food on board.
6. in situations of extreme necessity, the competent authority may issue a dispensation permitting a cook who is not fully qualified to serve on a given vessel and for a specified period, until the port of call appropriate next or for a period not exceeding one month, provided that the person to which the exemption is granted has been trained or educated in areas including food and hygiene personal as well as handling and storage of food on board.
7. in accordance with the procedures laid down in title 5 compliance continues provisions, the competent authority shall require that frequent documented inspections be carried out on board ships, by the captain or under his authority, in the following areas: a) the supply of food and potable water;
(b) all premises and equipment used for the storage and handling of food and drinking water;
(c) the kitchen and any other facilities used for the preparation and service of meals.
8. No seafarer under 18 years of age shall be employed or engaged or work as a ship's Cook.
Guideline B3.2 – Food and catering Guideline B3.2.1 - Inspection, education, research and publication 1. In cooperation with other agencies and organizations, the competent authority should collect up-to-date information on nutrition and on methods of purchase, storage and preservation of food, as well as on how to prepare and serve meals, taking into account the specificities of catering on board a ship. Such information should be free or at a reasonable cost to available to manufacturers and traders specialising in the provision of food or equipment of kitchen and table for ships, captains, Butlers and cooks of ship, and organizations of shipowners and seafarers concerned.
To this end, should use appropriate means of dissemination, such as manuals, brochures, posters, graphics or ads in professional journals.
2. the competent authority should make recommendations to avoid wastage of food, facilitate the maintenance of an adequate level of hygiene and ensure an optimal work organization.
3. in cooperation with agencies and organizations, the competent authority should develop training materials and disseminate information on Board concerning methods to ensure satisfactory food and table service.
4. the competent authority should cooperate closely with the organizations of shipowners and seafarers concerned and with national or local authorities dealing with questions of food and health; It may if necessary engage the services of such authorities.
Guideline B3.2.2 - Ship chefs 1. Should obtain a certificate of competency as a ship's Cook as the seafarers who meet the following conditions: a) having served at sea for a minimum period laid down by the competent authority and which may vary depending on the qualifications or relevant experience of the persons concerned;
(b) have passed the examination prescribed by the competent authority or an equivalent examination at the end of a training course for cooks.
2. the prescribed examination may be conducted and the certificate either directly by the competent authority, or under the control, by an approved cooking school.
3. the competent authority should provide for the recognition, where appropriate, capacity of ship's Cook certificates issued by members that have ratified this convention or the diploma of ship Cooks, 1946 (No. 69) convention, or by any other approved institution.
TITLE 4. Health PROTECTION, medical care, welfare and PROTECTION of security social rule 4.1 – medical care on board ships and ashore purpose: protect the health of seafarers and ensure a quick access to medical care on board and ashore 1. Any Member shall ensure that all the seafarers who work on ships flying its flag are covered by adequate measures for the protection of their health and have access to rapid and adequate medical care for the duration of their service on board.
2. the protection and care under paragraph 1 of this rule are in principle provided free of charge to seafarers.
3. each Member shall ensure that seafarers working on board vessels that are on its territory have access to medical facilities ashore if they require immediate medical attention.
4. the provisions contained in the code regarding the protection of the health and medical care on Board include standards for measures aimed at protection of health and medical care as comparable as possible to those enjoyed in general workers ashore, to seafarers.
Standard A4.1 - Medical care on board ship and ashore 1. To protect the health of seafarers working on board a ship flying its flag and ensure medical care, including essential dental care, any Member shall ensure that steps are taken which: has) ensure the application to seafarers of all general provisions relating to the protection of health at work and medical care that relate to their service , as well as all special provisions specific to work on board a ship;
b) guarantee seafarers a protection of the health and medical care as comparable as possible to those enjoyed in general workers ashore, including quick access to medicines, medical equipment and services diagnostic and processing needed, as well as to information and medical knowledge;
c) give seafarers the right to consult without delay a doctor or a dentist qualified in ports of call, where practicable;
(d) ensure that, in a measure in accordance with the legislation and the practice of the Member, medical care and health protection services are provided free of charge for themselves for the seafarers on board or landed in a foreign port;
(e) are not limited to treatment of sick or injured seafarers but also include preventive measures, including the development of promotion of health and health education programs.
2. the competent authority shall adopt a model of medical report to the use of masters and competent medical personnel ashore and aboard. This report is confidential and is used exclusively to facilitate the treatment of seafarers.
3. each Member shall adopt legislation establishing requirements for facilities, equipment and training for hospital and medical care on board ships that fly its flag.
4. the national legislation requires at least the following requirements: has) every ship has an edge pharmacy, medical equipment and a medical guide, whose specifications are prescribed by the authority
competent and which are regularly inspected by it. The national requirements shall take account of the type of ship, the number of persons on board, nature, the destination and the duration of the trips as well as recommended at the national and international medical standards;
(b) any vessel having on board 100 persons or more and performing normally international trips over three days must have a qualified physician in charge of health care. National legislation determines, taking into account such factors as the duration, nature and conditions of the voyage and the number of seafarers, which other ships must have a physician on board;
(c) ships with no doctor on board must have at least a sailor responsible for medical care and the administration of drugs under its normal functions or a sailor able to administer first aid. The seafarers responsible for providing medical care on board and who are not doctors shall have successfully completed training in medical care that is consistent with the provisions of the International Convention of 1978 on standards of training, sea, issuing patents and Eve, as amended (STCW). The seafarers to administer first aid shall have successfully completed training in first aid, consistent with the provisions of the STCW.
National legislation specifies the level of training required taking into account such factors as the duration, nature and conditions of travel, so that the number of seafarers on board;
(d) the competent authority takes appropriate measures to ensure that medical consultations by radio or by satellite, including advice from specialists, are possible for ships at sea at any time. These medical consultations, including transmission by radio or satellite of medical messages between a ship and those ashore giving advice, are provided free of charge to all vessels, regardless of their flag.
Guideline B4.1 - Medical care on board ship and ashore principle Director B4.1.1 - provision of medical care 1.
For vessels that are not required to have a doctor on board, the competent authority, in determining the level of training necessary medical care, should require that: has) ships which may typically access within eight hours to qualified medical care and medical facilities are at least in their crew a sailor trained certified medical first aid required by the STCW which allows us to take immediate effective measures in case of accident or illness likely to occur on board and make good use of medical advice by radio or satellite;
(b) all other ships have at least a sailor trained certified medical care required by STCW, including practical training and training in techniques of emergency care such as intravenous therapy, which should enable the persons concerned to participate effectively in coordinated programmes of medical assistance to ships at sea and ensure the sick and wounded a satisfactory level of medical care during the period during which they may stay on board.
2. the training referred to in paragraph 1 of this guideline should be based on the content of the most recent edge international medical Guide editions of the Guide of the emergency medical care at accidents involving dangerous goods, the Document for guidance - international Guide maritime training and the medical portion of the international Code of signals as well as similar national guides.
3. the persons referred to in paragraph 1 of this guideline steering and all the other seafarers designated by the competent authority should follow, approximately every five years, courses enabling them to maintain and increase their knowledge and skills and to keep abreast of the news.
4. the edge Pharmacy and its contents as well as the medical equipment and medical guide to retain on Board should be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by the competent authority, which should check labels, expiration dates, storage conditions and the indications for use of all drugs and ensure the consistent operation of all equipment. When the adoption or the revision of the medical guide for ships in use in the country, to determine the contents of the edge Pharmacy and medical equipment to retain on board, the competent authority should take into account international recommendations in this field, including the most recent edition of the edge and other international medical Guide guides mentioned in paragraph 2.
5. when a classified cargo is not in the most recent edition of the Guide to emergency medical care at accidents involving dangerous goods, the necessary information on the nature of the substances, the risks involved, individual to use protective equipment, appropriate medical procedures and specific antidotes should be communicated to seafarers. Specific antidotes and personal protective equipment should be on board whenever dangerous goods are carried. This information should be integrated into the policies and programmes of safety and health at work exposed in rule 4(3) and in the corresponding provisions of the code.
6. all ships should carry a complete list through which radio stations day medical consultations may be obtained and, if they are equipped with a communication system by satellite, they should carry a list complete and updated from coastal stations through which medical advice can be obtained. The seafarers responsible for medical care or first aid on Board should be prepared for the use of the medical guide edge and the medical portion of the most recent edition of the international Code of signals, in order to understand the type of information needed for the doctor consulted and the advice they receive.
Guideline B4.1.2 - Medical report template 1. The model of medical for seafarers report prescribed in part A of the code should be designed to facilitate the exchange of medical and related information concerning seafarers between ship and the Earth in case of illness or accident.
Guideline B4.1.3 - Medical care ashore 1. Medical services on land intended for the treatment of seafarers should be adequate, and physicians, dentists and other medical personnel should be suitably qualified.
2. measures should be taken to enable the people of sea, in ports,: a) receive outpatient treatment in case of illness or accident;
(b) be hospitalized as needed;
(c) receiving dental treatment, especially in an emergency.
3. appropriate measures should be taken to facilitate the treatment of sick seafarers. In particular, seafarers should be promptly admitted to clinics and hospitals ashore, without difficulty and irrespective of nationality or confession, and, as far as possible, provisions should be taken to ensure, when necessary, the continuity of treatment supplementing the action of the health services that they are open.
Guideline B4.1.4 – Medical Assistance to other ships and international cooperation 1. Each Member should duly consider participating in international cooperation assistance, programmes and research in the fields of the protection of the health and medical care. This cooperation could aim to: has) develop and coordinate search and rescue efforts and organise assistance and fast at sea, in the event of illness or accident medical evacuation serious aboard a ship, grssce including systems for reporting periodic ship position, to coordinating centres of operations for rescue and emergency helicopter services in accordance with the International Convention of 1979 on research and maritime rescue, as well as to the international research and aeronautical and maritime rescue (IAMSAR) manual;
b) use optimally any vessel having on board a doctor as well as vessels pre-positioned at sea which can provide hospital and rescue means;
(c) establish and maintain an international list of doctors and medical facilities available worldwide to provide emergency medical care to seafarers;
(d) landing seafarers ashore for emergency treatment;
(e) repatriating seafarers hospitalized abroad as soon as practicable, in accordance with the medical advice of the doctors responsible for the case, taking into account the wishes and the needs of marin.
(f) take measures to provide personal assistance for seafarers during repatriation, in accordance with the medical advice of the doctors responsible for the case, taking into account the wishes and the needs of marin;
(g) endeavour to set up health centres for seafarers, who would be responsible for:
i. conduct research on the health status, medical treatment and preventive health care of seafarers;
II. training medical personnel and staff of maritime medicine health;
(h) collect and evaluate statistics on occupational accidents, occupational diseases and deaths of seafarers and integrate them into the national system of statistics on occupational accidents and diseases covering other categories of workers, aligning them with this system;
(i) organizing international exchanges of technical information, educational materials and teaching staff as well as courses of training, seminars and international working groups;
j) providing all seafarers from health services and services medical, curative and preventive, which especially in ports or put at their disposal of general medical services, health and rehabilitation;
(k) make the necessary arrangements to repatriate as soon as possible, the body or ashes of the seafarers who died, in accordance with the wishes of their closest relatives.
2. international cooperation in the field of the protection of the health and medical care of seafarers should be based on bilateral or multilateral agreements or consultations among members.
Guideline B4.1.5 - Dependants of seafarers 1. Each Member should adopt appropriate measures to ensure to the dependants of seafarers domiciled in its territory by appropriate and sufficient medical care, pending the creation of a medical service open to workers in general and their dependants when such services do not exist, and inform the international labour office measures taken for this purpose.
Rule 4.2 - responsibility of shipowners object: the protection of seafarers against the financial consequences of illness, accident or death occurring in connection with their employment 1. Each Member shall ensure that measures taken pursuant to the code are applied on board ships that fly its flag to provide seafarers working on board these vessels the right to assistance and material support on the part of the shipowner to cope with the financial consequences of diseases, accidents or deaths occurring during their service under a contract of seafarers or arising from their employment in the framework of This contract.
2. this rule is without prejudice to other means of law the sailor may have.
Standard A4.2 - Responsibility of shipowners 1. Each Member shall adopt legislation with that shipowners of ships flying its flag are responsible for the protection of the health and medical care of all seafarers working on board these vessels in accordance with the following minimum standards: a) owners shall take their charge the costs for seafarers working on board their vessels of any disease and any accident occurring between the date stipulated for the beginning of the service and the date upon which they are deemed to have been duly repatriated or arising from their employment between those dates;
(b) shipowners must take their dependants financial cover to guarantee compensation in case of death or long-term disability of seafarers resulting from a work accident, of an occupational disease or an occupational hazard, such as laid down by national law, of maritime agreement or a collective agreement;
(c) medical expenses, including medical treatment and the supply of drugs and other therapeutic means, are borne by the shipowner, as well as food and housing for the sick sailor or injured outside his home until he recovers or until the establishment of the permanent nature of the illness or disability
(d) burial expenses, if death occurs on board or if it occurs ashore during the period of engagement, are borne by the shipowner.
2. the national law may limit the liability of the shipowner in support of medical care, food or shelter to a period which shall not be less than 16 weeks from the day of the accident or the onset of the disease.
3. where the sickness or injury results in incapacity for work, the shipowner shall pay: a) full wages as long as the sick or injured remain on board or until he has been repatriated in accordance with this convention;
(b) all or part of the salary, accordance national law or collective agreements, from the repatriation or the landing of the sailor until he recovers or if the event occurs earlier, until he is entitled to benefits under the legislation of the Member concerned cash.
4. the national law may limit the obligation of the owner to pay a sailor landed all or part of his salary to a period which cannot be less than 16 weeks from the day of the accident or the onset of the disease.
5. national legislation may exempt the shipowner from liability for: has) an accident that is not occurring at the service of the ship;
(b) injury or sickness due to the wilful misconduct of the sick sailor, injured or deceased;
(c) a sickness or infirmity intentionally concealed at the time of commitment.
6. as soon as the responsibility is assumed by the public authorities, the national law may exempt the shipowner from the obligation to pay the expenses of medical care, housing and food, as well as the burial.
7. shipowners or their representatives shall take measures safeguarding property left on board by sick seafarers, injured or dead, and to send to themselves or their relatives.
Guideline B4.2 - Liability of the shipowner 1.
The payment of full wages, provided for in paragraph 3 (a)) of standard A4.2, may exclude premiums.
2. the national legislation may provide that the shipowner ceases to be required to support the costs of a sick sailor or injured as soon that it is entitled to medical benefits under a scheme of insurance or insurance mandatory accident or compensation for injured workers.
3. the national legislation may provide reimbursement by an insurance institution of burial expenses borne by the shipowner when the system of social insurance or repair involves a provision in relation to the deceased sailor.
Rule 4.3 - Protection of health and safety and prevention of accidents purpose: to ensure that the workplace of seafarers on board ships contributes to their health and safety at work 1. Any Member shall ensure that seafarers working on ships that fly its flag have a system of health protection at work and what they live, work, and form on board ship in a safe and healthy environment.
2. any Member, after consultation with the representative organizations of shipowners and seafarers and in taking into account codes, guidelines and standards recommended by international organizations, national administrations and maritime agencies, develops and promulgates national guidelines for the management of safety and health at work on board vessels flying its flag.
3. each Member shall adopt legislation and other measures concerning the matters specified in the code, taking into account international instruments applicable, and sets standards for the protection of safety and health at work and the prevention of accidents on board ships flying its flag.
Standard A4.3 - Protection of health and safety and prevention of accidents 1.
Legislation and other measures adopted pursuant to paragraph 3 of rule 4(3) cover the following topics: a) the adoption and effective implementation and promotion of policies and programmes of safety and health at work on Board of ships that fly the flag of the Member, including the risk assessment and the training and instruction of seafarers;
b) reasonable precautions to prevent occupational accidents and injuries and illnesses aboard ship, including measures to reduce and prevent the risk of exposure to harmful environmental factors and chemical levels, as well as the risk of injury or illness that may result from the use of equipment and machinery on board ships;
(c) on-Board programmes aimed at the prevention of accidents and occupational injuries and occupational diseases, as well as a constant improvement of the protection of safety and health at work, with the participation of representatives of the seafarers and of all other persons interested in their implementation, taking into account the prevention measures including control of the design and engineering controls, replacement of the processes and procedures for individual and collective tssches and the use of personal protective equipment;
(d) requirements for the inspection, notification and correction of hazardous, as well as the survey on work accidents on board and their notification).
2. the provisions laid down in paragraph 1 of this standard shall:
(a) take into account relevant international instruments relating to the protection of safety and health at work in general, as well as the specific risks, and address all aspects of the accident prevention work and of occupational diseases and injuries that are likely to apply to the work of the people of sea, and particularly those that are specific to the exercise of the profession of seafarer;
(b) clearly specify the obligation of shipowners, seafarers and other interested individuals to comply with the standards as well as policies and programs applicable to the ship for safety and health at work, special attention being given to the health and safety of seafarers under the age of 18 years;
(c) indicate the functions of the master or a person designated by him, or both, for the particular responsibility of implementation and compliance with policy and programme of the ship safety and health at work;
(d) indicate the authority vested by the seafarers of the ship that have been appointed or elected as safety delegates for the purpose of participate in the meetings of the Committee of safety of the vessel. Such a Committee should be established on the boats aboard which lie five sailors or more.
3. legislation and other measures referred to in paragraph 3 of rule 4(3) are regularly reviewed in consultation with representatives of organizations of shipowners and seafarers and, if necessary, revised taking into account the evolution of technology and research, in order to facilitate an improvement constant policies and programmes concerning safety and health at work and to ensure a workplace without danger to seafarers employed on board ships that fly the flag of the Member.
4. compliance with the requirements of applicable international instruments which relate to the acceptable levels of exposure to workplace hazards on board ships and on the development and implementation policies and programmes ships safety and occupational health is deemed equivalent to the compliance with the requirements of this convention.
5. the competent authority shall ensure that: a) occupational accidents and injuries and occupational diseases should be duly declared, taking into account the guidance provided by the international organization of work regarding the notification and registration of occupational diseases and work accidents;
(b) comprehensive statistics of such accidents and diseases are held, analysed and published and, if applicable, followed by research into general trends and identified risks;
(c) occupational accidents are investigated.
6. the declarations and investigations relating to safety and health at work issues are to ensure the protection of seafarers ' personal data and take into account the guidelines provided by the International Labour Organization on this subject.
7. the competent authority cooperates with the organizations of shipowners and seafarers to take measures to inform all people of hazards encountered sea ships on which they work, for example by the posting of official notices outlining instructions thereon.
8. the competent authority requires shipowners, when evaluating the risks in the management of safety and health at work, that they refer to the statistical information appropriate from their ships and General statistics provided by the competent authority.
Guideline B4.3 – Protection of the health and safety and prevention of accidents Guideline B4.3.1 - provisions concerning occupational accidents and injuries and occupational diseases 1. The provisions required under standard A4.3 should take account of the code of practice of the ILO entitled Accident Prevention on board ship at sea and in port, 1996 and its subsequent versions, as well as of other standards and guidelines related international organization of labour, and other standards, directives and international practices codes concerning the protection of safety and health at work including exposure levels contained therein.
2. the competent authority should ensure that the national guidelines for the management of safety and health at work focused on the following points: a) General and basic provisions;
(b) structural features of the ship, including means of access and the risks associated with asbestos;
(d) effects of temperature extremely low or extremely high on any surface with which seafarers may be in contact;
(e) effects of the noise to which seafarers are subject in workstations and accommodations on board;
(f) effects of vibration to which seafarers are subject in workstations and accommodations on board;
((g) effects of ambient factors other than those referred to in subparagraphs (e)) and f) facing the seafarers in the workstations and the accommodation on board, including tobacco smoke;
(h) special security measures on the deck and below;
(i) equipment for loading and unloading;
(j) prevention and suppression of fire;
(k) anchors, chains and cssbles;
(l) dangerous cargo and ballast;
(m) of protective equipment for seafarers;
(n) working in spaces confined;
(o) effects physical and mental fatigue;
(p) effects of drug and alcohol dependency;
(q) protection and HIV/AIDS prevention;
(r) response to emergencies and accidents.
3. the assessment of risks and reduction of exposure in relation to the points referred to in paragraph 2 of this guideline should take account of the physical effects, including those resulting from handling of loads, noise and vibration, the chemical and biological effects and mental effects on health at work, from the effects of fatigue on the physical and mental health , to accidents at work. The necessary measures should take due account of the principle of prevention that, among other things, combating the risks at source, adaptation of the tssches to the individual, especially as regards the design of workplaces, and replacing what is dangerous by free from danger or less dangerous elements, must take precedence over the use of PPE for seafarers.
4. Furthermore, the competent authority should ensure that it be taken into account the consequences for health and safety, particularly in the following areas: a) response to emergencies and accidents;
(b) effects of drug and alcohol dependency;
(c) protection and prevention relating to HIV/AIDS.
Guideline B4.3.2 - Exposure to noise 1. The competent authority, in conjunction with the competent international bodies and representatives of organizations of shipowners and seafarers concerned, should consider continuous noise on board vessels to improve the protection of seafarers, as far as possible, against the harmful effects of exposure to the noise.
2. the review referred to in paragraph 1 of this guideline should take account of the harmful effects of exposure to excessive noise on the hearing, health and comfort of seafarers, as well as measures to prescribe or recommend to reduce noise on board vessels to protect seafarers. Measures to consider should include the following: a) inform seafarers of the dangers that prolonged exposure to high levels of noise on hearing and health and teach how them to use noise protection equipment;
b) provide seafarers where necessary hearing protection equipment approved;
(c) assess risks and reduce exposure to noise in all facilities for housing, leisure and catering, as well as in the engine room and other premises machines.
Guideline B4.3.3 - Exposure to vibration 1. The competent authority, together with relevant international organizations and representatives of organizations of shipowners and seafarers concerned, and taking into account, if appropriate, relevant international standards, should continuously consider the vibration on ships to improve the protection of seafarers, as far as possible, against the harmful effects of these vibrations.
2. the review referred to in paragraph 1 of this guideline should include the effects of exposure to excessive vibration on the health and comfort of seafarers, as well as measures to prescribe or recommend to reduce shipboard vibration to protect seafarers. Measures to consider should include the following: a) inform seafarers of the dangers that prolonged exposure to vibration for their health;
b) provide seafarers where necessary personal protective equipment approved;
(c) assess risks and reduce exposure to vibration in all facilities for housing, leisure and catering by adopting measures in accordance with the guidance provided by the code of practice of the ILO entitled ambient factors in the workplace, 2001, and
its subsequent revisions, taking into account the differences between exposure in these facilities and workstations.
Guideline B4.3.4 - Obligations of shipowners 1.
Any obligation on the shipowner to provide protective equipment or other devices for the prevention of accidents should be accompanied, in general, of provisions under which seafarers are required to use these devices and to observe the prevention of accidents and health protection measures affecting them.
2. should also take into account articles 7 and 11 of the convention (No. 119) on the protection of machinery, 1963, and the corresponding provisions of the recommendation (No. 118) on the guarding of machinery, 1963, which provides that it is the responsibility, on the one hand, the employer to ensure that the machines are fitted with devices of appropriate protection and that no machine is used without these devices and on the other hand, the worker to do not use a machine if the protective devices as it is fitted are not in place, and do not render inoperative these devices.
Guideline B4.3.5 - Reporting of work accidents and compilation of statistics 1. All accidents at work and occupational diseases should be reported to be the subject of investigations and for that detailed statistics are established, analysed and published, taking into account the protection of the personal data of the concerned seafarers. Reports should not be limited to the cases of accidents and fatal diseases or accidents involving the ship.
2. the statistics referred to in paragraph 1 of the present principle should focus on the number, nature, causes and consequences of accidents, injuries and occupational diseases and specify, where applicable, in which service of the ship accident has occurred, the type of accident and whether it occurred at sea or in a port.
3. each Member should take due account of any system or international model registration of accidents to seafarers possibly prepared by the International Labour Organization.
Guideline B4.3.6 – Investigations 1. The competent authority should undertake an investigation into the causes and circumstances of all accidents at the work and of all injuries and occupational illnesses resulting in loss of life or serious bodily harm, as well as on all other cases specified by national legislation.
2. consideration should be given to include the following items among those who could be the subject of an investigation: has) the workplace, for example working surfaces, layout of machinery, means of access, lighting and methods of work;
(b) the frequency by group of ssge accidents work and injuries and occupational diseases;
c) physiological or psychological problems special posed by the stay on board vessels;
d) problems arising from physical tension on board ships, in particular when it is a consequence of the increase in the workload;
e) problems and the consequences of technological progress, as well as their influence on the composition of crews;
(f) problems arising from human error).
Guideline B4.3.7 – National Programmes of protection and prevention 1. To provide a reliable basis for the adoption of measures to promote the protection of safety and health at work and the prevention of accidents of work and injuries and occupational diseases which are due to specific maritime labour risk, should undertake research on general trends as well as the risks revealed by statistics.
2. the implementation of the of protection and prevention programmes for the promotion of safety and health at work should be organised so that the competent authority, shipowners and seafarers or their representatives and other interested organizations can play an active role, including through such means as the Organization of information sessions and the adoption of directives on ambient factors-maximum exposure levels potentially harmful and to the other hazards or outcomes of a systematic risk assessment. In particular, should be mixed, national or local commissions of prevention and the protection of safety and health at work or ad hoc working groups and committees on board, in which the organizations of shipowners and seafarers concerned would be represented.
3. when these activities are carried out at the level of the company, should be considered the representation of seafarers on any Committee of the ships of the shipowner in question.
Guideline B4.3.8 - Content of the programmes of protection and prevention 1. Consideration should be given to include the following functions among the functions assigned to the committees and other bodies referred to in paragraph 2 of Guideline B4.3.7: has) the development of guidelines and national policies on the management systems of safety and health at work and provisions, rules and manuals relating to the prevention of accidents;
(b) the Organization of training and programmes relating to the safety and health protection at work and the prevention of accidents;
c) the Organization of public information for the protection of safety and health at work and prevention of accidents, in particular through films, posters, notices and brochures;
d) distribution of documentation and the dissemination of information relating to the safety and health protection at work and the prevention of accidents to seafarers on board ships.
2. the rules or recommendations adopted by the authorities or bodies or by the international organizations concerned should be taken into account for the preparation of the texts relating to protection of health and safety measures at work and preventing accidents or the development of recommended practices.
3 the development of programs for safety and health at work and accident prevention protection, any Member should take due account of any code of practice concerning the safety and health of seafarers possibly published by the International Labour Organization.
Guideline B4.3.9 - Training related to the safety and health protection at work and the prevention of accidents of work 1. Programmes relating to the training referred to in paragraph 1 has) of standard A4.3 should be periodically reviewed and updated to take account of the evolution of the types of ships and their dimensions as well as changes in the material used, in the Organization of the crews, nationalities, languages and methods of work.
2. the public information related to the safety and health protection at work and the prevention of accidents should be continuous. It could take the following forms: a) educational audiovisual material, such as films, for use in centres of vocational training of seafarers and, if possible, present on board ships;
(b) posters affixed on vessels;
(c) inclusion in periodicals read by seafarers, of articles on maritime occupational hazards and protective measures on safety and health at work and accident prevention;
(d) special campaigns using various media to instruct seafarers, including campaigns on safe working practices.
3. the public information referred to in paragraph 2 of this guideline should take account of nationalities, languages and cultures of seafarers on board a ship.
Guideline B4.3.10 – Education of young seafarers safety and health 1. Safety and health regulations should refer to the General provisions concerning medical examinations, prior to the entry into service and on-the-job, as well as the prevention of accidents and the protection of health at work, which shall apply to the activities of seafarers. These regulations should also specify measures to minimize occupational hazards faced by the young seafarers in the exercise of their functions.
2. the regulations should establish restrictions preventing young seafarers whose corresponding skills would not fully recognized by the competent authority to run without appropriate control or instruction certain types of work involving a special risk of accident or harm to their health or their physical development or requiring a particular degree of maturity, experience or aptitude.
The competent authority may take into account, in particular, the tssches with: a) the lifting, moving or carrying loads or heavy objects.
b) work inside boilers, tanks and watertight casing;
c) exposure to noise or vibrations reaching harmful levels;
(d) the conduct of lifting equipment or other equipment or power tools or communication by signs with operators of such equipment;
(e) handling mooring or towing or mooring gear cssbles);
(g) work in the mssture or on deck in heavy weather;
(h) the night shift;
(i) maintenance of the electrical equipment);
j) contact with potentially hazardous materials or harmful physical agents, such as hazardous or toxic substances, and exposure to ionizing radiation;
(k) the cleaning of kitchen appliances);
(l) the handling or the responsibility of ancillary craft.
3. practical measures should be taken by the competent authority or by an appropriate body to attract the attention of young seafarers information concerning the prevention of accidents and the protection of their health on board ships. These measures could include courses and official information campaigns for the prevention of accidents for young people, and a statement and monitoring professional young seafarers.
4. programmes of education and training of young seafarers both ashore and on board, should include education on the dangers of alcohol, drugs and other potentially harmful substances abuse can have on their health and well-being, as well as on the risks and challenges posed by HIV/AIDS and other dangerous activities for health.
Guideline B4.3.11 - International Cooperation 1. Members, if necessary with the assistance of intergovernmental organizations and other international organizations, should endeavour jointly to achieve the greatest possible uniformity of action to protect the safety and health at work and to prevent accidents.
2 the development of programmes to promote the safety and protection of health at work and the prevention of accidents at work in accordance with the provisions of standard A4.3, each Member should take due account of codes of practice published by the international organization of work, as well as appropriate international organizations standards.
3. Members should take account of the need for international cooperation for the continuous promotion of activities related to the safety and protection of health at work and the prevention of labour accidents. This cooperation could take the following forms: a) bilateral or multilateral agreements to harmonize standards and devices for safety and health at work and accident prevention protection;
(b) exchanges of information on the specific risks to which are exposed the seafarers and on means to promote the safety and health at work and preventing accidents;
(c) assistance in testing of equipment and inspection according to the national provisions of the flag State;
(d) collaboration in the establishment and dissemination of the provisions, rules or manuals relating to the safety and health protection at work and the prevention of accidents;
(e) collaboration for the production and use of training material;
f) pooling of material means or mutual assistance for the training of seafarers in the field of the safety and protection of health at work, the prevention of accidents and safe working methods.
Rule 4.4 - access to wellness to Earth object facilities: ensure seafarers working on board a ship access to facilities and services ashore to ensure their health and well-being 1. Any Member ensures that wellness ashore, facilities if they exist, are easily accessible. It must also promote wellness facilities, such as those listed in the code, in ports determined to ensure to seafarers of the ships lying in these ports access to appropriate welfare services and facilities.
2. the responsibilities of the Member regarding the onshore facilities such as cultural, wellness, leisure and information services, and facilities are set out in the code.
Standard A4.4 - Access to wellness 1 grounding facilities. Each Member shall require that existing in its territory wellness facilities can be used by all seafarers, regardless of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are employed or engaged or work.
2. each Member shall promote the establishment of welfare facilities in appropriate ports of the country and determine, after consultation with the organizations of shipowners and seafarers concerned, what are the appropriate ports.
3. each Member shall promote the creation of Councils of welfare responsible for regularly reviewing the facilities and welfare services to ensure they're adapted having regard to changes in the needs of seafarers resulting from the evolution of technique, operation or any other novelty in the sector of maritime transport.
Guideline B4.4 - Access to welfare facilities Guideline B4.4.1 - responsibilities of members 1 ashore. Each Member should: a) take measures to ensure that adequate welfare services and facilities are provided to seafarers in ports of call determined and adequate protection is ensured to them in the exercise of their profession;
(b) take account, in the implementation of these measures, special needs of seafarers on safety, health and leisure, especially abroad and upon their arrival in war zones.
2. the arrangements for the control of facilities and welfare services should include participation by representative organizations of shipowners and seafarers concerned.
3. each Member should take measures to accelerate the free movement between ships, central supply organizations and institutions of well-being, all the necessary material, such as films, books, newspapers and sports equipment, the use of the seafarers, both aboard their ship in the centres ashore.
4. Members should cooperate with each other to promote the welfare of seafarers at sea and in ports. This cooperation should include the following measures: a) consultations between competent authorities to provide facilities and welfare services to seafarers, in ports and on ships, or better;
(b) agreements on the pooling of resources and the combined supply of wellness facilities in major ports so as to avoid unnecessary duplication;
c) the Organization of international sports competitions and encouragement of seafarers to participate in sports activities;
(d) the Organization of international seminars on the question of the welfare of seafarers at sea and in ports).
Guideline B4.4.2 - Welfare in ports 1 services and facilities. Each Member should provide necessary welfare services and facilities in appropriate ports of the country or ensure that they are available.
2. welfare services and facilities should be provided, in accordance with the conditions and practice, by one or more of the following institutions: a) the public authorities;
(b) the organizations of shipowners and seafarers concerned under collective agreements or other provisions laid down by mutual agreement;
(c) voluntary organizations.
3. necessary welfare and recreational facilities should be established or developed in ports. They should include: a) rooms meeting and relaxation, according to needs;
(b) facilities for sport and other outdoor facilities, especially for competitions;
(c) educational facilities;
(d) where appropriate, facilities for practicing religion and get personal advice).
4. these facilities may be provided by putting at the disposal of the seafarers, according to their needs, facilities designed for more general use.
5. where large numbers of seafarers of different nationalities require a particular port, some facilities such as hotels, clubs or sports facilities, the authorities or institutions of their countries of origin and of the flag States as well as interested international associations should consult and cooperate among themselves, as well as with the authorities and the competent bodies of the country in which the port is located in order to put their resources in common and to avoid unnecessary duplication.
6. There should be hotels or homes adapted to the needs of seafarers, there where it is needed. They should provide services equivalent to those of a good class hotel and should, as far as possible, be well located and do not find themselves in close proximity to the port facilities. These hotels or homes should be subject to appropriate control, prices should be reasonable and, where necessary and practicable, arrangements should be made to accommodate the families of seafarers.
7. these facilities should be open to all people without distinction of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag of the vessel on board State
which they are employed or engaged or work. Without violating in any way whatsoever to this principle, it may be necessary in certain ports to provide several types of facilities to a level comparable but adapted to the Customs and needs of different groups of seafarers.
8. measures should be taken to ensure that, insofar as this is necessary, qualified personnel be employed full time, as well as potential volunteers for the facilities management and services of welfare of seafarers.
Guideline B4.4.3 – Welfare 1 tips.
Should create welfare advice, depending on the case at the port level or at the regional or national level. Their functions should include: a) ensure that welfare facilities are still adequate and determine whether to create others and remove those that are underused.
(b) to assist and advise those to whom it is the responsibility of providing welfare facilities and ensuring coordination between them.
2. welfare boards should count among their members representatives of organizations of shipowners and seafarers, of the competent authority and, where appropriate, voluntary organizations and social bodies.
3. depending on the circumstances, the consuls of maritime States and local representatives of foreign welfare organizations should be involved, in accordance with national legislation, in the work of port welfare councils, regional or national.
Guideline B4.4.4 - Financing of welfare facilities 1. Pursuant the terms and practice national, financial support to welfare in ports facilities should come from one or more of the following sources: has) public subsidies;
(b) taxes or other special duty paid by the maritime community;
(c) voluntary contributions from shipowners, seafarers, or their organizations;
(d) voluntary contributions from other sources.
2. where taxes, fees and other special rights are expected to fund welfare services, they should be used only for the purposes for which they are raised.
Guideline B4.4.5 – Dissemination of information and facilitation measures 1. Seafarers should receive information on all the means at the disposal of the public in ports of call, including means of transport, welfare services, recreational and educational services and places of worship, as well as those specifically intended for them.
2 adequate means of transport at low prices should be available at all reasonable times when necessary to enable seafarers to go to town from places of easy access in the port area.
3. the competent authorities should take the necessary measures to make known to shipowners and to seafarers entering port any law or special custom whose breach could put their freedom in danger.
4. the competent authorities should establish port areas and access roads to the ports of adequate lighting and signs and make regular patrols for the protection of seafarers.
Guideline B4.4.6 - Seafarers in a foreign port 1. En_vue_de protect the sea people who find themselves in a foreign port, should take measures to facilitate: has) access to the consul of the State of which they are nationals or of the State where they reside.
(b) effective cooperation between consuls and the local or national authorities.
2. the case of the sea people incarcerated or recorded in a foreign port should be dealt with quickly, in accordance with the legal procedure, and interested parties should benefit from appropriate consular protection.
3. when a seafarer is incarcerated or returnable for any reason whatsoever, in the territory of a member, the competent authority should, if the seafarer so requests, immediately inform the State of the flag as well as the State of which the seafarer is a national. The competent authority should promptly inform the seafarer of his right to make such a request. The State of which the seafarer is a national should promptly notify the family of the sailor. The competent authority should allow consular officers of these States to immediately see the sailor and his visit regularly thereafter also a long time he will be imprisoned.
4. any Member should, whenever necessary, take measures to protect people from sea attacks and other illegal acts when the ship is in its territorial waters and in particular in the vicinity of ports.
5. officials in ports and on board ships should do their utmost to enable the seafarers to go ashore as soon as possible after the arrival of the vessel at the port.
Rule 4.5 - security social object: ensure the adoption of measures to benefit seafarers social security 1. Each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants benefit from consistent with the code, without prejudice, social security protection however, more favourable conditions provided for in paragraph 8 of article 19 of the Constitution.
2. each Member undertakes to take steps, according to its national circumstances, as individual as in the context of international cooperation, to achieve progressively of social security comprehensive protection for seafarers.
3. each Member shall ensure that seafarers who are subject to its social security legislation, and to the extent provided for in its national law, their dependants are admitted to benefit from social security protection that is no less favourable than that enjoyed by shore workers.
Standard A4.5 — Social security 1. The branches to be considered to achieve progressively the full protection of social security under rule 4.5 are medical care, sickness benefits, unemployment benefits, old-age benefits, benefits in case of accident at work or occupational disease, family benefits, maternity benefits, invalidity benefits and survivors benefits which complement the protection provided by rules 4.1, on medical care, and 4.2, concerning the responsibility of shipowners, as well as by other titles of this convention.
2. for ratification, the protection provided by any member in accordance with paragraph 1 of rule 4.5 shall include at least three nine branches listed in paragraph 1 of this standard.
3. each member takes action, according to its national circumstances, to ensure the protection of supplementary social security referred to in paragraph 1 of this standard to all seafarers ordinarily resident in its territory. This responsibility may be implemented, for example, by means of bilateral or multilateral implementation agreements or contribution-based systems.
So guarantee protection must not be less favourable that that enjoyed by persons working ashore who reside on the territory of the Member in question.
4. Notwithstanding the attribution of responsibilities specified in paragraph 3 of this standard, the members may establish, by bilateral or multilateral agreements, or by provisions adopted in the context of regional economic integration organizations, other rules concerning the legislation applicable to seafarers social security.
5. the responsibilities of any Member concerning seafarers on ships that fly its flag are those provided for by rules 4.1 and 4.2 and the corresponding provisions of the code as well as those that are inherent to its general obligations under international law.
6. each Member shall examine various modalities according to which, in the absence of sufficient coverage in the branches mentioned in paragraph 1 of this standard, comparable benefits will be available to seafarers, in accordance with the legislation and practice national.
7. the protection referred to in paragraph 1 of rule 4.5, as the case may be provided for by law, private plans, collective agreements or a combination of these means.
8. to the extent compatible with their laws and practice, members shall cooperate through bilateral or multilateral or other arrangements, to ensure the maintenance of rights in social security, that they be provided by systems contributory or non-contributory, acquired or being acquired by seafarers, regardless of their place of residence.
9. each member sets fair and effective procedures for the settlement of disputes.
10. each Member, at the time of ratification, says the branches for which protection is provided in accordance with paragraph 2 of this standard.
When it will eventually provide coverage of one or several other branches listed in paragraph 1 of this standard, it shall inform the Director general of the international labour office, which will keep a record of these notices, which it will make available to all interested parties.
11. the reports submitted to the international labour office under article 22 of the Constitution shall
also contain information on the measures taken in accordance with paragraph 2 of rule 4.5 to extend protection to other branches.
Guideline B4.5 – Social security 1.
Protection upon ratification, in accordance with paragraph 2 of standard A4.5, should include at least the medical care, sickness and injury at work or occupational disease benefits.
2. in the cases mentioned in paragraph 6 of standard A4.5, comparable benefits may be provided through insurance, bilateral or multilateral agreements or other appropriate means, taking into account the provisions of applicable collective agreements. Where such measures are adopted, seafarers to whom they apply should be informed of the modalities according to which the various branches of social security protection will be provided.
3. where seafarers are more of national social security legislation, the members concerned should cooperate to determine by agreement mutual one of the laws which apply, taking into account factors such as the type and level of protection more favourable to interested seafarers, and the preference of these.
4. the procedures to be defined under paragraph 9 of standard A4.5 should be designed to cover all disputes relating to claims of the seafarers concerned, irrespective of the manner in which the coverage is provided.
5. each Member having seafarers national or non-national seafarers or both, people employed on board ships flying its flag should provide the protection of social security provided for by this convention, as applicable, and should periodically review the branches of social security referred to in paragraph 1 protection of standard A4.5 to identify any other useful on seafarers branch concerned.
6. the contract of seafarers should clarify the conditions under which the various branches of social security protection will be provided to the person concerned by the shipowner and contain other useful information available to it, as the mandatory deductions from the wages of the seafarer and the shipowner contributions which may be required, in accordance with the requirements of the authorized organizations specified under the applicable national social security schemes.
7 when he effectively exercises its jurisdiction in the field of social issues, the Member whose flag vessel should ensure that the obligations of shipowners in matters of social security protection are complied with, in particular concerning the payment of contributions to social security schemes.
TITLE 5. COMPLIANCE AND ENFORCEMENT OF THE PROVISIONS 1. The rules listed under this title specify the responsibility of any Member full respect and implementation of the principles and rights defined in the articles of the convention as well as of the specific obligations under its titles 1, 2, 3 and 4.
2. paragraphs 3 and 4 of article VI, which allow the implementation of the provisions of part A of the code by equivalent provisions as a whole, shall not apply to part A of the code covered by this title.
3. pursuant to paragraph 2 of article VI, each Member shall fulfil the responsibilities entrusted to it in accordance with the rules in the manner described in the corresponding standards of part A of the code taking duly into account the corresponding guiding principles of part B of the code.
4. the provisions of this title are implemented taking into account the fact that seafarers and shipowners, like any other person, are equal before the law and have the right to equal legal protection; they have access without discrimination to the courts, tribunals or other dispute settlement mechanisms. The provisions of this title are not material jurisdiction or territorial.
Rule 5.1 - the object flag State responsibilities: ensure that any member is fulfilling the responsibilities entrusted to it under this convention with respect to ships that fly its flag rule 5.1.1 – General principles 1.
It is the responsibility of each Member to ensure that its obligations under the convention are implemented on vessels flying its flag.
2. each Member establishes an effective system of inspection and certification of maritime labour, in accordance with regulations 5.1.3 and 5.1.4 conditions to ensure that the conditions of work and life of seafarers are and remain in compliance with the standards of this convention on ships flying its flag.
3. for the purposes of the establishment of an effective system of inspection and certification of maritime labour conditions, a member may, where appropriate, authorize public institutions or other bodies, including those of another Member, if it agrees, that it recognizes the competence and independence to carry out inspections or issue certificates, or both. In all cases, the Member retains full responsibility for the inspection and certification of the conditions of work and life of seafarers concerned on ships flying its flag.
4. the maritime labour certificate, complemented by a declaration of maritime labour compliance, certify, unless evidence to the contrary, that the ship has been duly inspected by the flag State and that the requirements of this convention regarding the conditions of work and life of seafarers have been followed in the certified measurement.
5. information about the system referred to in paragraph 2 of this rule, including the method used for assessing its effectiveness, shall be included in the reports submitted by the Member to the international labour office under article 22 of the Constitution.
Standard A5.1.1 — General principles 1. Any Member defines objectives and specific standards for the administration of its inspection and certification, as well as general procedures appropriate to assess to what extent these objectives and these respected standards.
2. any member requires that a copy of this convention be held available on all vessels flying its flag.
Guideline B5.1.1 – General principles 1. The competent authority should take the necessary steps to promote effective cooperation between public institutions and other agencies to which relate rules 5.1.1 and 5.1.2 and who are interested in the working and living conditions of seafarers on board ships.
2. in order to ensure more effective cooperation between inspectors and shipowners, seafarers and their respective organizations, and to maintain or improve the conditions of work and life of seafarers, the competent authority should consult regularly representatives of such organizations on the best way to achieve these objectives. The modalities of these consultations should be determined by the competent authority after consulting the organizations of shipowners and seafarers.
Rule 5.1.2 – authorization of recognized organizations 1. The competent authority shall have determined that public institutions or other organizations referred to in paragraph 3 of regulation 5.1.1 ("recognized organizations"), conform to the requirements of the code regarding competency and independence. The inspection or certification functions that recognized organizations may be allowed to face the activities for which the code specifically says that they will be carried out by the competent authority or a body recognized.
2. the reports referred to in paragraph 5 of regulation 5.1.1 shall contain information regarding any recognized organization, the scope of the powers conferred on him and the arrangements made by the Member to ensure that licensed activities are carried out in many complete and effective way.
Standard A5.1.2 - Authorization of recognized organizations 1. For the purposes of the authorisation referred to in paragraph 1 rule 5.1.2 the competent authority shall examine the competence and independence of the agency concerned and establish that it has demonstrated that, to the extent necessary for the exercise of the activities covered by the authorization: has) it has the expertise to relevant aspects of this convention as well as a sufficient knowledge of the operation of ships including the minimum conditions required for work on board a ship, conditions of employment, housing and leisure, food and catering, accident prevention, health protection, medical care, welfare and social security protection;
(b) it is able to maintain and update the skills of its staff;
(c) it has sufficient knowledge of the requirements of this convention as well as the applicable national law and relevant international instruments;
(d) its size, its structure, its experience and its resources correspond to the type and scope of the authorization.
2. any authorization for inspection must at least allow the recognized organization to require the correction of the defects will be found as to the conditions of work and life of seafarers and to conduct inspections in this area if requested to do so by the port State.
3. each Member shall establish:
(a) a system to ensure the adequacy of the tssches carried out by recognized organizations, including information on all of the provisions of national legislation and relevant international instruments;
(b) procedures for communication with these bodies and control of their action.
4. any member provides to the international labour office the list of recognized organizations that it has authorized to act on its behalf and shall keep this list updated. The list shall indicate the functions that recognized organizations are empowered to assume. The Bureau will hold this list available to the public.
Guideline B5.1.2 - Authorization of recognized organizations 1. The organization requesting to be recognized should demonstrate that it has the competence and capacity, technical and administrative and management, to ensure the delivery of quality service in a timely manner.
2. for the purposes of the assessment of the means available a particular organization, the competent authority should verify that: has) has a technical staff, management and adequate support.
(b)) has to provide the required services of professionals trained in sufficient numbers and distributed to ensure satisfactory geographical coverage;
c) has demonstrated its ability to provide services of quality in a timely manner;
(d) is independent and able to account for its action.
3. the competent authority should conclude a written agreement with any organization that it recognizes for a clearance. This agreement should include the following aspects: a) scope;
(c) General conditions;
(d) execution of the functions covered by the authorisation;
(e) legal basis of the functions covered by the authorisation;
(f) reporting to the competent authority;
(g) notification of the authorization by the competent authority to the recognized organization;
h) control by the competent authority of the activities delegated to the recognized organization.
4. any Member should require the recognized organizations develop a system for qualification of staff employed as inspectors to ensure the regular updating of their knowledge and skills.
5. each Member should require the recognized organizations that they keep records of their services so that you can establish that they acted in accordance with the standards applicable to the aspects covered by these services.
6. for the development of control procedures referred to in paragraph 3 (b)) of standard A5.1.2 any Member should take into account the guidelines for the authorization of organizations acting on behalf of the administration adopted within the international maritime Organisation.
Rule 5.1.3 - maritime labour certificate and declaration of maritime labour 1. This rule applies to vessels: a) equal to or greater than 500 gross tonnage engaged on international voyages;
(b) a gross tonnage equal to or greater than 500, flying the flag of a member and operating from a port or between ports in another country. For the purposes of this rule, "international voyage" means a voyage from a country to a port in another country.
2. this rule applies also to any vessel which flies the flag of a member and who is not covered by paragraph 1 of this rule, at the request of the shipowner to the Member concerned.
3. each Member shall require ships flying its flag that they retain and maintain a maritime labour certificate certifying that the conditions of work and life of seafarers on board, including measures to ensure the continued compliance of the adopted provisions which should be mentioned in the declaration of the maritime labour compliance referred to in paragraph 4 of the present rule have been the subject of an inspection and meet the requirements of national legislation or other measures for the implementation of this convention.
4. each Member shall require ships flying its flag that they retain and maintain a declaration of maritime labour compliance stating the national requirements for the application of this convention with regard to the conditions of work and life of seafarers and setting out the measures adopted by the shipowner to ensure compliance with these requirements on the vessel or vessels concerned.
5. the maritime labour certificate and the declaration of maritime labour compliance shall conform to the model prescribed by the code.
6. when the competent authority of the Member or a recognized organization duly authorized for this purpose was checked by inspection that a ship flying the flag of the member meets or continues to meet the standards of this convention, it shall issue or renew the corresponding maritime labour certificate, and record in a file accessible to the public.
7. detailed requirements for the maritime labour certificate and the declaration of maritime labour compliance, including a list of the items to be subject to an inspection and be approved, are set out in the part A of code.
Standard A5.1.3 - Maritime labour certificate and declaration of maritime labour 1. The maritime labour certificate shall be issued to the ship, for a period not exceeding five years, by the competent authority or a recognized organization duly authorized for this purpose. The points that must be inspected and found to meet national legislation or other measures for the implementation of the provisions of this convention with respect to the conditions of work and life of seafarers on board until a maritime labour certificate can be issued are listed in Appendix A5 - I.
2. the validity of the maritime labour certificate shall be subject to the achievement of an intermediate inspection, carried out by the competent authority or a recognized organization duly authorized for this purpose, which is designed to ensure that the national requirements for the application of this convention are always observed. If only one intermediate inspection is performed with the certificate has a validity of five years, this inspection must take place between the second and the third anniversary of the date of issuance of the certificate.
The anniversary date means the day and month of each year that corresponds to the date of expiry of the maritime labour certificate. The intermediate inspection should be just as extensive and thorough as inspections carried out for the renewal of the certificate. The certificate will be referred to the outcome of a friendly intermediate inspection.
3. Notwithstanding paragraph 1 of this standard, when the inspection for the purposes of renewal occurred within three months before the date of the current certificate, the new maritime labour certificate is valid from the date on which the inspection in question has carried out for a period not exceeding five years from the date of maturity of the current certificate.
4. when the inspection for the purposes of the renewal took place more than three months before the expiry date of the current certificate, the new maritime labour certificate is valid for a period not exceeding five years from the date on which the inspection in question took place.
5. the maritime labour certificate may be issued on an interim basis: was) to new ships on delivery;
(b) when a ship changes flag;
(c) when a shipowner takes on his own account the operation of a ship which is new to that shipowner.
6. a maritime labour certificate may be issued on a provisional basis for a period not exceeding six months by the competent authority or a duly recognized organization empowered to this effect.
7. an interim maritime labour certificate is issued once it has been established that: a) the ship has been inspected, insofar as this is reasonably possible, with regard to the requirements listed in Appendix A5 - I, taking into account verification of items referred to in paragraphs b), c) and (d)) of this paragraph;
(b) the shipowner has demonstrated to the competent authority or recognized organization that adequate procedures are implemented on board to ensure that the provisions of this convention;
(c) the master knows the requirements of the convention and the implementation obligations;
(d) the required information were presented to the competent authority or recognized organization for the establishment of a declaration of maritime labour compliance.
8. the issue of the certificate of maritime labour ordinary validity is subordinate to the Director, before the due date of the provisional licence to complete such inspection as provided for in paragraph 1 of this standard. No new provisional certificate will be issued after the initial period of six months referred to in paragraph 6 of this standard.
The issuance of a declaration of maritime labour compliance is not required during the period of validity of the provisional certificate.
9. the maritime labour certificate, the interim maritime labour certificate and the declaration of maritime labour compliance shall be established in accordance with the models set out in Appendix A5 - II.
10. the declaration of maritime labour compliance shall be attached to the maritime labour certificate. It consists of two parts: a) part I is established by the competent authority, that: i. indicates the list of items to be inspected pursuant to paragraph 1 of this standard;
II. indicates the national provisions giving effect to the relevant provisions of this convention by referring to the relevant provisions of national legislation and giving concise information about important points of national requirements to the extent necessary;
III. made reference to the requirements of national legislation relating to certain categories of vessels;
IV. identify any equivalent provision in all adopted under paragraph 3 of article VI;
v. indicate clearly any derogation granted by the competent authority under Title 3;
(b) part II is established by the shipowner and outlines the measures adopted to ensure ongoing compliance with the national requirements between inspections and the measures proposed to ensure continuous improvement.
The competent authority or recognized organization duly authorized for this purpose certify part II and shall issue the declaration of maritime labour compliance.
11. the result of all inspections or other checks subsequently carried out on the vessel and all significant defects identified during these checks are recorded, as well as the date of the finding that defects have been remedied. This information, accompanied by an English translation when they are not recorded in this language, are either transcribed on the declaration of maritime labour compliance, is annexed to this document, or outfits available to seafarers, flag State inspectors, officers authorised by the State of the port and the representatives of shipowners and seafarers by other means , in accordance with national legislation.
12. a copy of valid and current certificate of maritime labour and the declaration of maritime labour compliance, and their English translation when the original is not in that language must be kept on board and a copy must be displayed prominently in a location accessible to seafarers. Copy of these documents is sent to seafarers, flag State inspectors, officials allowed the State of the port or representatives of shipowners and seafarers which will make the request, in accordance with national legislation.
13. the requirement for the production of a translation in English, mentioned in paragraphs 11 and 12 of this standard does not cover a ship not engaged in an international voyage.
14. any certificate issued in application of paragraphs 1 or 5 of this standard loses its validity: a) if the prescribed inspections are not carried out within the time limits laid down in paragraph 2 of this standard;
(b) if the certificate is not authorized in accordance with paragraph 2 of this standard;
(c) if there is a change of the flag of the vessel;
(d) when a shipowner ceases to assume responsibility for the operation of a ship;
(e) when significant changes have been made to the structure or equipment covered in title 3.
((15. in the case referred to in paragraph 14 (c)), d)) or (e) of this standard, the new certificate is issued only if the competent authority or recognized organization issuing is fully satisfied that the ship complies with the requirements of this standard.
16. a maritime labour certificate was consequently withdrawn by the competent authority or recognized organization duly authorized for this purpose by the flag State if it turned out that the ship in question does not meet the requirements of this convention and any prescribed corrective action was taken.
17. when a maritime labour certificate withdrawal is envisaged in accordance with paragraph 16 of this standard, the competent authority or recognized organization takes into account the severity or frequency of violations.
Guideline B5.1.3 - Maritime labour certificate and declaration of maritime labour 1.
The statement of national requirements in part I of the declaration of maritime labour compliance should include or be accompanied by references to the legislative provisions governing the conditions of work and life of seafarers to each of the requirements listed in Appendix A5 - I.
When national legislation precisely resumes the requirements specified in this convention, it will suffice to refer. When a provision of the convention is being implemented by equivalent provisions as a whole, in accordance with paragraph 3 of article VI, should be identified and a concise explanation should be provided. Where a derogation is granted by the competent authority under Title 3, the provision or provisions in question should be clearly indicated.
2. the measures referred to in part II of the declaration of maritime labour compliance, prepared by the shipowner, should indicate what occasions continued compliance with certain national requirements will be verified, the persons to conduct the audit, the records to be kept and the procedures to be followed if a defect is found. Part II can occur in various forms. It may refer to a more general documentation on policies and procedures relating to other aspects of the maritime sector, as the documents required by the international Code of safety (ISM Code) management or the information required pursuant to regulation 5 of chapter XI - 1 of SOLAS, which deals with the continuous synopsis record of ships.
3. the measures to ensure continuous compliance should refer to the general international requirements obliging to the shipowner and master to keep themselves informed of the latest progress in technological and scientific matters in relation to the development of workplace, taking into account the dangers inherent to the work of seafarers, and to inform accordingly the representatives of seafarers thereby guaranteeing a better level of protection of the conditions of work and life of seafarers on board.
4. it is important above all that the declaration of maritime labour compliance should read in clear terms chosen to assist all stakeholders, including the flag State inspectors, authorized by the port State officers and seafarers, to check that the requirements are implemented.
5. Appendix B5 - I shows an example of information that may be included in the declaration of maritime labour compliance.
6. when a ship changes flag as shown in paragraph 14 c) of standard A5.1.3 and that both States concerned have ratified this convention, the State of which the vessel was authorized to fly the flag previously should, as soon as possible, communicate to the competent authority of the other Member copies of the certificate of maritime labour and the declaration of conformity for maritime labour kept on board the ship before the change of flag and where applicable, copy relevant inspection reports if the competent authority so requests within three months after the date of the change of the flag.
Rule 5.1.4 – Inspection and enforcement 1. Any Member shall verify, by a coordinated inspections, monitoring and effective system and to other control measures, that ships that fly its flag comply with the requirements of this convention as they are implemented by national legislation.
2. part A of the code contains detailed requirements regarding the inspection system and enforcement referred to in paragraph 1 of this rule.
Standard A5.1.4 – Inspection and enforcement 1. Any Member has a system of inspection of the conditions for seafarers on board vessels flying its flag, including to check that the measures relating to the working and living conditions set out in the declaration of maritime labour compliance, where applicable, are followed and that the requirements of this convention are complied with.
2. the competent authority means inspectors trained in sufficient numbers to carry out the responsibilities entrusted to it pursuant to paragraph 1 of this standard. Where recognized organizations are empowered to carry out inspections, the member requires that the people assigned to this activity have the qualifications required for this purpose and gives interested parties the legal authority to perform their duties.
3. the necessary arrangements to ensure that inspectors have the training, skills, duties, powers, status and independence necessary or desirable to carry out the audit and ensure the compliance referred to in paragraph 1 of this standard.
4. inspections are conducted at intervals consistent with the requirements of the standard A5.1.3 where appropriate. These intervals shall in no case exceed three years.
5. If a member receives a complaint which is not manifestly unfounded or acquires the evidence that a vessel flying its flag is not complying with the requirements of this convention or that there are serious deficiencies in the implementation of the measures set out in the declaration of maritime labour compliance, it takes the necessary steps to investigate the matter and ensure that measures are taken to remedy the deficiencies.
6 all member formula adapted rules and ensures effective enforcement to ensure inspectors
status and conditions of service to make them independent of any change of Government and any undue outside influence.
7. inspectors, instructed clear as the tssches to accomplish and with proper credentials, are allowed: a) to board ships flying the flag of the Member;
(b) to carry out any examinations, checks or investigations as they deem necessary to ensure that the standards are strictly observed;
c) to require that rectified any breach and to prohibit a ship from leaving port until necessary measures have been taken when they have reason to believe that deficiencies constitute a serious breach of the requirements of this convention, including the rights of seafarers, or represent a serious threat to the security health or security of seafarers.
8. any action taken pursuant to paragraph 7 (c)) of the present standard shall be subject of an appeal before the judicial or administrative authority.
9. inspectors shall have the faculty to give advice instead to initiate or recommend prosecution when there is not a clear violation of the provisions of this convention that endangers the safety, health or security of the seafarers concerned and that there is no history of similar offences.
10. the inspectors shall keep confidential the source of any complaint or claim alleging that there is a danger or deficiencies that would interfere with the conditions of work and life of seafarers, or that there is violation of the statutory provisions, and refrain from revealing to the shipowner or his representative or operator of the ship conducted an inspection following such a complaint or claim.
11. the inspectors should not be given tssches by number or of a nature such that they are likely to interfere with effective inspection or prejudice to their authority or impartiality towards the shipowners people sea or any other interested party. Inspectors should include: a) having the prohibition to possess any, direct or indirect, interest in the activities in which they are called upon to inspect;
(b) be kept, under penalty of sanctions or disciplinary measures, not reveal, even after having ceased their functions, trade secrets or confidential methods of operation or information of a personal nature which they could have had knowledge in the exercise of their functions.
12, for any inspection, inspectors shall submit a report to the competent authority. A copy of this report, in English or in the working language of the ship, is given to the master and another is displayed on the display of the ship for the information of the seafarers and communicated to their representatives on request.
13. the competent authority shall maintain records of inspections of the conditions made to seafarers on board ships flying the flag of the Member parent. It publishes an annual report on inspection activities within a reasonable time not exceeding six months from the end of the year.
14. in the case of an investigation following a major incident, the report is submitted to the authority as soon as possible and no later than one month after the conclusion of the investigation.
15. when an inspection is conducted or when measures are taken in accordance with the provisions of this standard, all reasonable efforts are made to ensure that the ship is not unduly withheld or delayed.
16. payments are made in accordance with national law for any damage or loss resulting from the unlawful exercise of the powers of inspectors. The burden of proof in each case to the complainant.
17. appropriate penalties and other corrective measures are planned and actually applied by any Member breaches the requirements of this convention, including the rights of seafarers, and of interference in the exercise of the functions of the inspectors.
Guideline B5.1.4 – Inspection and enforcement 1. The competent authority and any other service or authority responsible for all or part of the inspection of the conditions of work and life of seafarers should have the necessary resources to be able to carry out their functions. Particular: has) any Member should take the necessary measures so that inspectors can have, as appropriate, the assistance of experts and technicians qualified in the performance of their work;
(b) inspectors should have properly located as well as adequate material resources and transport to fulfil effectively their tssches.
2. the competent authority should develop a policy on compliance and implementation to ensure coherence and to guide inspection and enforcement activities relating to the convention. This policy statement should be communicated to all inspectors and representatives of the Act concerned and kept available to the public and shipowners and seafarers.
3. the competent authority should establish simple procedures to be entered as confidential any information pertaining to possible violations of the requirements of this convention, including the rights of seafarers, submitted by seafarers directly or through their representatives and ensure that inspectors to investigate without delay on this subject (, including: a) in enabling the master, seafarers or representatives of the latter to ask an inspection when they consider it necessary;
(b) by providing for shipowners and seafarers as well as interested organizations information and technical advice about how the most effective to give effect to the requirements of this convention and to work towards a continuous improvement of the conditions made to seafarers on board ships.
4. inspectors should be fully trained and sufficiently numerous to be able to carry out effectively their tssches with due regard for the following: a) the importance of the tssches their obligations, in particular the number, nature and size vessels subject to inspection as well as the number and complexity of the legislation to be applied;
b) resources at the disposal of the inspectors;
c) the practical conditions under which inspections must be carried out to be effective.
5. subject to the conditions laid down by national law for the recruitment in the public service, inspectors should have qualifications and appropriate training to perform their duties and, as much as possible, have a maritime training or experience of marin. They should have adequate knowledge of the conditions of work and life of seafarers as well as the English language.
6. measures should be taken to ensure the inspectors further appropriate in-service training.
7. all inspectors should know precisely the circumstances in which it takes place to carry out an inspection, the scope of the inspection to be carried out in the different circumstances and the General method of inspection.
8. the inspectors, equipped with the necessary powers under the national law should at least be allowed: a) to board ships freely and unexpectedly.
However, when engage the ship inspection, inspectors should inform their presence the master or the person assuming command and, where appropriate, seafarers or their representatives;
(b) to question the master, seafarer or any other person, including the shipowner or his representative, on any matter concerning the application of the requirements of the legislation, in the presence of any witness that the person may have requested;
(c) to require disclosure of all books, newspapers of edge, registers, certificates or other documents or information directly related to the subject matter of the inspection to check that the national legislation ensuring the implementation of the convention is respected;
(d) to ensure that the posting of notices required by the national legislation implementing the convention;
(e) to collect and take away, for the purpose of analysis, samples of products, goods, drinking water, food, materials and substances used or handled;
(f) as a result of an inspection, to bring immediately to the attention of the shipowner, operator of the ship or the master deficiencies which may be detrimental to the health and safety of persons on board;
(g) to alert the competent authority and, if applicable, the recognized organization on all infringements or abuse that current legislation does not specifically into account and to enter proposals for the improvement of this legislation;
h) to notify the competent authority of any occupational accident or occupational disease affecting seafarers in cases and in the manner prescribed by the legislation.
9. when a sample is taken or carried in accordance with paragraph 8 (e)) of this guideline, the shipowner or his representative and, as appropriate, a sailor should attend the operation or be advised. The quantity of the sample should be duly recorded by the Inspector.
10. the annual report published by the authority
competent of any member with respect to ships flying the flag of that Member should include: a) a list of the laws and regulations in force relating to the conditions of work and life of seafarers, as well as all amendments have become year-round;
(b) detailed information on the Organization of the system of inspection;
(c) statistics of ships or other premises subject to inspection and of ships and other premises actually inspected;
(d) statistics of all seafarers subject to national legislation;
(e) statistics and information on violations of legislation, penalties imposed and cases where vessels have been detained;
(f) statistics of occupational diseases and work accidents affecting seafarers and having been the subject of a statement.
Rule 5.1.5 - on-Board 1 complaint Procedures. Any member requires that there is on board vessels flying its flag to procedures for a fair, efficient and quick settlement of any complaint by a seafarer alleging a breach of the requirements of this convention, including the rights of seafarers.
2. each Member prohibits and punishes any form of victimization of a seafarer who complained.
3. the provisions of this rule and the corresponding sections of the code are without prejudice to the right of the seafarer seek redress by any legal means appearing to him appropriate.
Standard A5.1.5 - On-Board 1 complaint Procedures. Without prejudice to a scope wider than legislation or conventions collective national will be able to clarify, seafarers may have recourse to the procedures on board to complain on any matter constituting a breach of the requirements of this convention, including the rights of seafarers according to them.
2. each Member shall ensure that the law provides for the establishment of appropriate on board complaint procedures to meet the requirements of regulation 5.1.5. These procedures must be that the issue of the complaint is settled at the lowest level possible. However, in all cases, seafarers have the right to complain directly to the master and, if they deem it necessary, to appropriate external authorities.
3. the seafarers are entitled to be accompanied or represented during the complaints on board procedure and will be measures to prevent the victimization of seafarers having complained. The term "victimization" means any malicious act, regardless of the author against a sailor who made a complaint which is not manifestly vexatious or maliciously made.
4. all seafarers shall receive, in addition to a copy of their maritime contract, a document describing the procedures of complaint date the ship.
The document must mention including the contact details of the competent authority in the flag State and, if this is not the same, in the country of residence of seafarers, as well as the name of one or several persons on board which would be likely, in confidence, to advise impartially on their complaint and to help in any other way to implement the complaint procedure which is open to them while they are on board.
Guideline B5.1.5 - On-Board 1 complaint Procedures. Subject to any relevant provisions of an applicable collective agreement, the competent authority should, in close consultation with the organizations of shipowners and seafarers, establishing a model for the establishment of fair, fast procedures and documented for the treatment of complaints on board vessels flying the flag of the Member concerned. The following elements should be taken into account when establishing these procedures: has) many complaints can aim precisely to which they shall be submitted, even the captain of the ship. In any case, seafarers should also be able to complain directly to the master or external bodies;
(b) in order to avoid any victimization of seafarers having submitted a complaint to matters covered by this convention, the procedures should encourage the designation the ship of a person able to advise seafarers on the procedures to which they may have recourse, if requested to do so by the complainant seafarer to attend any interview or hearing relating to the reason for the dispute.
2. the procedures discussed during the consultations referred to in paragraph 1 of this guideline should at a minimum provide for the following: has) complaints should be submitted to the head of Department of the sailor who complains or his superior officer;
(b) the head of Department or superior officer of the sailor should endeavour to resolve the problem within a prescribed time, adapted to the seriousness of the subject matter of the dispute;
(c) if the head of Department or superior officer cannot resolve the dispute to the satisfaction of the seafarer, he may refer it to the master, who should deal personally the question;
(d) seafarers should at all times have the right to be accompanied and represented by another seafarer of their choice on board the ship concerned;
(e) complaints and decisions to which they gave rise should be recorded and copy to be delivered to the seafarers concerned;
(f) If a complaint cannot be resolved on board, it should be referred ashore to the shipowner, who should have sufficient time to address the problem, if there is appropriate in consultation with the people of sea concerned or any person they may appoint to represent;
(g) in all cases, seafarers should have the right to address their complaints directly to the master and the shipowner and competent authorities.
Rule 5.1.6 - marine Accidents 1. Any Member timely formal investigation into serious maritime accidents resulting in injury or loss of life involving a ship flying its flag. The final report of this survey is typically made public.
2. members shall cooperate to facilitate the investigation of serious marine casualties referred to in paragraph 1 of this rule.
Standard A5.1.6 – Marine casualties (no provisions) Guideline B5.1.6 – marine casualties (no provisions) rule 5.2 - responsibilities of the port object state: allow any member to assume the responsibilities entrusted to it under the present convention with regard to the international cooperation needed to ensure the implementation and compliance with the standards of the convention on board foreign vessels rule 5.2.1 – Inspections in port 1.
Every foreign ship calling, in the normal course of its activity or for a reason inherent in its operations in the port of a member is likely to be inspected in accordance with the provisions of paragraph 4 of article V, to verify compliance with the requirements of this convention relating to conditions of work and life of seafarers on the ship including the rights of seafarers.
2. each member accepts the maritime labour certificate and the declaration of maritime labour compliance required under regulation 5.1.3 as unless evidence to the contrary, certifying compliance with the requirements of this convention, including the rights of seafarers. Accordingly, except in the cases specified in the code, the inspection in its ports is limited to control of the certificate and declaration.
3. in ports inspections by authorized officials, in accordance with the provisions of the code and other applicable international agreements governing inspections on the territory of the Member in respect of the control of ships by the port State.
These inspections are limited to verify that examined aspects comply with the requirements of articles and rules of this convention as well as the only part A of the code.
4. the inspections carried out in application of this rule is based on an effective inspection and monitoring of the State of the port and system able to contribute to ensure that the working and living conditions of seafarers on board ships relsschant in the port of the Member concerned comply with the requirements of this convention including the rights of seafarers.
5. information about the system referred to in paragraph 4 of this rule, including the method used for assessing its effectiveness, are contained in the reports submitted by the members in accordance with article 22 of the Constitution.
Standard A5.2.1 - Inspections in port 1. Where an authorized officer, is being introduced on board to carry out an inspection and requested, where applicable, the maritime labour certificate and the declaration of maritime labour compliance, finds that: a) the required documents are not presented or are not kept up to date, or are falsely, or that these documents contain not the information required by this convention or are not valid for another reason; or (b) there are solid reasons to believe that the conditions of work and life on board the vessel are not in conformity with the requirements of this convention; or (c) there are reasonable grounds to believe that the ship has changed flag to escape the obligation to comply with the provisions of this convention; or
(d) a complaint was filed on the grounds that certain conditions of work and life on board the vessel are not in conformity with the requirements of this convention;
a more detailed inspection may be carried out to verify the conditions of work and life on board the ship. Such an inspection would in any event conducted when the conditions of work and life which he is deemed or alleged that they do not conform could constitute a real danger to the safety, health or security of seafarers or where the authorized officer has reason to believe that failure is a serious offence to the requirements of this convention including the rights of seafarers.
((2. where a more detailed inspection is performed on a foreign ship in the port of a member by officers authorised in the circumstances specified in subsection 1 a), b) or c) of this standard, it is, in principle, on the points listed in Appendix A5 - III.
(3. when a complaint is filed pursuant to paragraph 1 (d)) of this standard, the inspection must be limited in general to the subject of the complaint, unless the complaint or his statement provides solid grounds to proceed with a thorough inspection, in accordance with paragraph 1 (b)) of this standard. For the purposes of paragraph 1 (d)) of this standard, is meant by "complaint" means information submitted by a seafarer, a professional body, an association, a Union or, generally, any person with an interest in the safety of the ship, including the aspect of risks to the safety or health of seafarers on board.
4. where, following a more detailed inspection, it is found that the conditions of work and life on board the vessel are not in accordance with the requirements of this convention, the authorized officer shall immediately bring to the attention of the captain of the ship the deficiencies and the time in which it must be remedied. In the event that the authorized officer considers that the deficiencies are significant, or if these shortcomings are related to a complaint under paragraph 3 of this standard, the authorized officer carries them to the knowledge of the organisations of shipowners and seafarers present on the territory of the Member where the inspection is carried out, and it can (: a) inform a representative of the flag State;
(b) communicate the relevant information to the competent authorities of the next port of call.
5. the Member on whose territory the inspection is performed has the right to address to the Director-general of the international labour office a copy of the accompanied by inspection report, where appropriate, the reply communicated within a period prescribed by the competent authorities of the flag State, so to take all measures which may be considered appropriate and useful to ensure that this information is recorded and it is brought to the knowledge of the parties likely to use means relevant remedies.
6. where, following a more detailed inspection on the part of the authorized officer, it is found that the vessel is not in conformity with the requirements of this convention and that: has) the conditions on Board present a clear danger to the safety, health or security of seafarers; or (b)) the non-compliance is a serious or repeated violation of the requirements of this convention, including the rights of seafarers, e authorized officer takes steps to ensure that the ship will not take the sea until the non-compliance referred to in paragraphs) or b) of this paragraph have not been rectified or even both that he will not accept a plan to correct and is not satisfied that the plan will be put implement quickly. If the ship is prohibited from sailing, the authorized officer forthwith notify the flag State and invited one of its representatives to be present, if possible, and request a response from the State of the flag within the time limit prescribed. The authorized officer shall forthwith also, shipowners ' and seafarers ' organizations of the port State where the inspection occurred.
7. each Member shall ensure that its authorized officers receive guidance, of the type shown in part B of the code, concerning the nature of the circumstances warranting the detention of a ship under paragraph 6 of this standard.
8. in the exercise of the responsibilities entrusted to it under this standard, any Member avoids, as far as possible, immobilize or unduly delaying a vessel. If it is determined that a ship has been unduly locked or delayed, damages are paid for any loss or damage suffered. The burden of proof in each case to the complainant.
Guideline B5.2.1 – Inspections in port 1. The competent authority should develop an inspection policy for authorized officers carrying out inspections under rule 5.2.1.
This policy should aim to ensure consistency and to otherwise guide inspection and enforcement activities related to the requirements of this convention, including the rights of seafarers. This policy statement should be communicated to all officials authorized and held at the disposal of the public and shipowners and seafarers.
(2. for the purposes of the development of a policy on the circumstances warranting the detention of a ship under paragraph 6 of standard A5.2.1, the competent authority should take into account that, with regard to the offences referred to in paragraph 6 (b)) of standard A5.2.1 the seriousness of the violation may be due to the nature of the breach in question. This applies especially to cases of violation of the rights and fundamental principles or rights in employment and social rights of seafarers as established by articles III and IV. For example, the employment of a person of less than the prescribed ssge ssge should be regarded as a serious offence, even if it involves only one person on board. In other cases, the number of different deficiencies found during a particular inspection should be taken into account: for example, should eventually number of deficiencies relating to accommodation or food and catering which do not threaten safety or health for this to be considered as constituting a serious offence.
3. Members should, as far as possible, cooperate with each other for the adoption of directives on policies of inspection, recognized at the international level, particularly in what concerns the circumstances warranting the detention of a ship.
Rule 5.2.2 - Procedures for handling onshore complaints by seafarers 1. Any Member shall ensure that seafarers on board ships calling at a port situated within its territory which are an offence reporting requirements of the convention, including the rights of seafarers, have the right to file a complaint to address rapid and concrete.
Standard A5.2.2 - Procedures for handling onshore complaints by seafarers 1. A complaint by a seafarer alleging a breach of the requirements of this convention, including the rights of seafarers, may be filed with an authorized officer at the port where the ship stop. In this case, such officer shall undertake an initial investigation.
2. as appropriate, given the nature of the complaint, the initial investigation should check if complaints on Board under rule 5.1.5 procedures were considered. The authorized officer may also conduct a more detailed in accordance with standard A5.2.1 inspection.
3. the authorized officer shall, where appropriate, encourage the settlement of the complaint on the ship.
4. If the investigation or the inspection conducted under this standard reveals non-compliance with paragraph 6 of standard A5.2.1 the provisions of this paragraph are applied.
5. where the provisions of paragraph 4 of this standard do not apply, and the complaint has not been resolved on board the vessel, the authorized officer shall without delay notify the flag State, seeking, within a prescribed deadline, advice and a corrective action plan.
6. where the complaint has not been resolved despite the measures taken pursuant to paragraph 5 of this standard, the port State shall communicate a copy of the report prepared by the officer authorized to the Director general.
The report shall be accompanied by any reply received within the time prescribed on the part of the competent authority of the flag State. Appropriate port State organizations of shipowners and seafarers are also informed. In addition, statistics and information on resolved complaints must be regularly provided by the port State to the Director general. These two communications are made so that, on the basis of appropriate and rapid action, a register of this information is held and brought to the attention of the parties, including the organizations of shipowners and seafarers who are likely to use relevant remedies.
7. appropriate measures must be taken to ensure the confidentiality of complaints made by seafarers.
Guideline B5.2.2 - Procedures for handling onshore complaints by seafarers 1. When one
complaint referred to in standard A5.2.2 is dealt with by an authorized officer, should determine first if there is a complaint of a general nature which concerns all the people on board the ship or any class of them, or a complaint relating to the particular case of the seaman concerned.
2. If the complaint is of a general nature, the use of a more detailed inspection in accordance with standard A5.2.1 should be considered.
3. If the complaint relates to an individual case, it should be aware of the outcome of the proceedings of review of the complaint possibly conducted aboard the ship for its regulation. If such procedures were not considered, the authorized officer should encourage the complainant to use all procedures available on the ship.
Good reasons must exist to justify the consideration of a complaint before any procedure of complaint the ship has been considered. These include the inadequacy or the slowness of internal procedures or even the fear of the complainant to suffer retaliation for having filed a complaint.
4. in any investigation of a complaint, the authorized officer should give the master, the shipowner and any person involved in the complaint the opportunity to make their views known.
5. the authorized officer may if refrain to intervene further in the resolution of the complaint in the event that the flag State, responding to notification of the port State in accordance with paragraph 5 of standard A5.2.2 shows that he is able to deal with the issue and has procedures to this end, and submitted an acceptable action plan.
Regulation 5.3 – labour-supplying object responsibilities: ensure that any member is fulfilling the responsibilities entrusted to it under this convention with respect to the recruitment and placement of seafarers as well as their social protection 1. Without prejudice to the principle of liability with regard to the conditions of work and life of seafarers on board ships flying its flag, any member is also responsible to ensure the implementation of the requirements of this convention relating to recruitment, placement and social security protection of seafarers that are its nationals , or residents, or persons domiciled on its territory, insofar as such liability is provided for in this convention.
2. elaborate detailed for the implementation of paragraph 1 of this rule are included in the code.
3. each Member has implemented an effective inspection and monitoring system to fulfill its responsibilities as a provider of labor under this convention.
4. information about the system referred to in paragraph 3 of this rule, including the method used for assessing its effectiveness, shall be included in reports submitted by the members in accordance with article 22 of the Constitution.
Standard A5.3 – Labour-supplying responsibilities 1. Any Member ensures compliance with the requirements of the convention applicable to the administration and the activities of recruitment and placement of seafarers established within its territory through a system of inspection and monitoring and legal proceedings for breach of the provisions on licensing and other requirements laid down in standard A1.4.
Guideline B5.3 – Labour-supplying responsibilities 1.
Private recruitment and placement of seafarers services established in the territory of the Member and providing the services of a seafarer for a shipowner, wherever they are, should be required to undertake to ensure compliance by the owner of the terms of the contracts of seafarers concluded with seafarers.
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