SESSION 5 & 6

TITLE 2 CONDITIONS OF
EMPLOYMENT

AIM
To discuss the MLC,2006 requirements
associated with:

Seafarers employment agreements (SEAs);

Wages;
Hours of work and hours of rest;
Entitlement to leave;
Repatriation;
Seafarer compensation for the ships loss or
foundering;
Manning levels;
Career and skill development and opportunities for
seafarers employment.

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

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

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

Records of employment
- Discharge book or certificate of Discharge

Preparing for inspection

Make records
available
Office based
review
Interviews on
board

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

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

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

MLC, 2006 - Wages

Preparing for inspection

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

HOURS OF WORK AND HOURS OF REST

(Regulation 2.3, Standard A2.3, Guideline B2.3)

Purpose:
to ensure that seafarers have
regulated hours of work or
hours of rest

Basic requirements
Minimum hours of rest must not be less than:
ten hours in any 24-hour period; and
77 hours in any seven-day period.

Hours of rest may be divided into no more than

two periods:
one of the periods must be at least six hours in length;
and
the interval between consecutive periods must not
exceed 14 hours.

Normal working hours standard based on:

an eight-hour day;
one day rest per week;
rest on public holidays.

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

Table of working arrangements

be posted in an easily accessible place.
contain for every position at least:
- the schedule of service at sea and service in port;
and
- the minimum hours of rest or maximum hours of
work required by national laws or regulations or
applicable collective agreements.

be in a standardised format in the ships working

language(s) and English.

Suspension
Suspension in emergencies
of the schedule of hours or rest
or of work
Adequate period of rest for
seafarers affected

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

Young seafarers (UK)

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

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

Preparing for inspection

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

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

Calculation of entitlement
The following is counted as part of the period of
service

service off-articles.
justified absences from work:
- at an approved maritime vocational training course;
- illness or injury; or
- maternity;
- public holidays;
- shore leave;
- compensatory leave.
Paid leave at the seafarers normal remuneration level.

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

Preparing for Inspection

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

Basic requirements

Seafarers have a right to be:

repatriated;
at no cost to themselves;
in the circumstances and under the conditions
specified in the Code.

Shipowner must provide financial security

No advance payment by seafarer or (except in
one case) recovery of payment from seafarer
Seafarers to have copy of national provisions

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

Precise entitlements

Cost of transport by air to:

- the place of the seafarers engagement,
- the place stipulated by collective agreement
- the seafarers country of residence
- a place agreed at the time of engagement at the choice of the seafarer

Accommodation and food until destination

Pay and allowances until destination
Transport of 30kg of personal luggage
Necessary medical treatment
Time needed for repatriation not to be deducted from accrued leave.

Preparing for inspection

Manning Levels
(Reg 2.7, Standard A.2.7,Guideleine B2.7)

Purpose :
- To ensure that seafarers work on board
ships with sufficient personnel for the safe,
efficient and secure operation of the ship.

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

Preparing for inspection

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