2 shaw isf how will the mlc 2006 influence international shipping
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Transcript of 2 shaw isf how will the mlc 2006 influence international shipping
Natalie Shaw
How will the Maritime Labour Convention 2006
influence international shipping?
Maritime Labour Standards
60 instruments on issues such as:
employment conditions e g:- minimum age compulsory pre employment medical examination; repatriation of seafarers; social security welfare facility standards; health and Safety food, catering & accommodation
60 Current ILO maritime instruments - out of date
- not widely ratified - unenforceable Vacuum not desirable Too detailed
Slow amendment
Regulation overload
Substantial equivalence
Governmental Support
Background
2 primary purposes:
bring protection in existing standards closer to seafarers, improve applicability - those providing acceptable working conditions do not bear an unequal burden to ensure protection
All-encompassing instrument Attractive to ratify easily monitored & enforced Easily updatable User friendly.
Consolidated Convention: The Objectives
ARTICLES
OF THE CONVENTION General provisions; definitions; application; amendment procedures;
transition; entry into force requirements; final provisions.
CODE PART A III Accommodation, welfare
facilities, food and catering
Conventions
CODE PART A IV Health protection, welfare,
medical care and social
security protection
Conventions
CODE PART A II Conditions of Employment
and Manning
Conventions
CODE PART A V Enforcement
Conventions
CODE PART B I Pre-requisites for going
to sea and related provisions
recommendations
CODE PART A I Pre-requisites for going
to sea and related
provisions
Conventions
CODE PART B II Conditions of Employment
and Manning
recommendations
CODE PART B III Accommodation, welfare
facilities, food and catering
recommendations
CODE PART B IV Health protection, welfare,
medical care and social
security protection
recommendations
CODE PART B 1V Enforcement
recommendations
REGULATION I Pre-requisites for going
to sea and related provisions
Key broad principles
REGULATION II Conditions of Employment
and Manning
Key broad principles
REGULATION III Accommodation, welfare
facilities, food and catering
Key broad principles
REGULATION IV Health protection, welfare,
medical care and social
security protection
Key broad principles
REGULATION V Enforcement
Key broad principles
Tacit a
mendm
ent
ILO Consolidated Convention : Structure
Substantial Equivalence
ARTICLES
OF THE CONVENTION General provisions; definitions; application; amendment procedures;
transition; entry into force requirements; final provisions.
CODE PART A II Conditions of Employment
and Manning
Conventions
CODE PART B II Conditions of Employment
and Manning
recommendations
REGULATION II Conditions of Employment
and Manning
Key broad principles
Consolidated Convention diagram example
“Terms shall be written, clear, legally enforceable;
opportunity to review before signing;
form and content to comply with the Convention; and
may incorporate a CBA.”
“English version to be available, copies to be carried on board etc.”
“Detailed guidance on content, model agreement etc.”
“Every seafarer has the right to fair terms
of employment”
New Amendment Procedures
• Applies to Codes A & B • Updates Convention, but
does not create new revising
instrument
• Introduces tacit acceptance
to replace ratification
• Follows closely current ILO
procedures
• Simplified amendment • Express ratification
New Tripartite Maritime Committee will consider amendment proposals
Specific section on Enforcement -
responsibilities & measures
Enforcement Chain - Integrate international &
national levels
Labour Standard Certification system
Maritime Labour Certificate & Declaration of
Maritime Labour Compliance
Quality control procedures
A New Approach To Enforcement
Ratification by 30 Member states with
33% GT
Promotion of the Convention
Introduction into National Legislation
Next Steps
Maritime Labour Convention
Pillar like SOLAS & MARPOL Practical HR Manager’s Bible Flag & Port State Inspectors Guide Compendium Comprehensive convention Well ratified Enforceable Global Level Playing Field
Key Points
Medical Aspects
•Updating of guidelines for pre – employment medicals
•Review of the Contents of the Ships medical Chest
•Update for the International Medical Guide for Ships
•Greater respect for the content of Title 4 of the Convention
re medical issues and linking these in to title 3 for example
with regard to appropriate medical and sanitary provisions.
12 Carthusian Street
London EC1M 6EZ
Telephone: + 44 20 7417 2849
Fax: + 44 20 7417 8877
E-mail: [email protected]
Website: www.marisec.org
Natalie Shaw