Technical Circular No: 012/2024
1. A concentrated inspection campaign (CIC) on Crew Wages and Seafarer’s Employment Agreement (MLC) will be initiated jointly by the member Authorities of the Tokyo and Paris Memoranda of Understanding (MoU) on Port State Control.
2. The inspection campaign will be held for three (3) months, commencing from 1st September 2024, and ending on 30th November 2024.
3. The purpose of the CIC is to;
a. To create awareness within the shipping industry about the requirements on Crew Wages and Seafarer Employment Agreement (MLC); and
b. To verify that ships comply with these requirements.
4. Port State Control Officers shall be using a questionnaire to assess that crew wages, seafarer’s employment agreements (SEAs) and financial securities provided comply with the relevant MLC requirements.
5. Non-conformities found during the inspection will be recorded by the PSC officer and actions may vary from recording a deficiency and instructing the master to rectify it within a certain period of time, to detaining the ship until serious deficiencies have been rectified or until the Port State has accepted a proposal for a plan of action.
6. Accordingly, Owners / Managers and Masters are advised to ensure compliance to applicable requirements of Maritime Labour Convention and measures adopted in approved DMLC Part II.
7. Following guidance is provided in respect of seafarer’s employment agreements (SEAs), crew wages, and financial securities as per the CIC questionnaire;
1) Seafarer’s Employment Agreement (SEA):
a. Shipowner and seafarer concerned each to have a signed original of the seafarers’ employment agreement, signed by both the seafarer and the shipowner or a representative of the shipowner.
b. Where a CBA forms all or part of the seafarers’ employment agreement, a copy of the applicable CBA is to be available on board for seafarers to review their conditions of employment.
c. Where the language of the seafarers’ employment agreement and any applicable collective bargaining agreement is not in English, the following are also to be available in English (except for ships engaged only in domestic voyages):
i. a copy of a standard form of the agreement; and
ii. the portions of the collective bargaining agreement that are subject to a port State inspection under Regulation 5.2.
d. The seafarers’ employment agreement to contain at least the following particulars:
(a) the seafarer’s full name, date of birth or age, and birthplace;
(b) the shipowner’s name and address;
(c) the place where and date when the seafarers’ employment agreement is entered into;
(d) the capacity in which the seafarer is to be employed;
(e) the amount of the seafarer’s wages or, where applicable, the formula used for calculating them;
(f) the amount of paid annual leave or, where applicable, the formula used for calculating it;
(g) the termination of the agreement and the conditions thereof, including:
(i) if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer;
(ii) if the agreement has been made for a definite period, the date fixed for its expiry; and
(iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged;
(h) the health and social security protection benefits to be provided to the seafarer by the shipowner;
(i) the seafarer’s entitlement to repatriation;
(j) reference to the collective bargaining agreement, if applicable; and
(k) any other particulars which national law may require.
2) Wages and payment of wages:
a. Seafarers are paid in full at no greater than monthly intervals and in accordance with their employment agreements.
b. Seafarers are given a monthly account of the payments due and the amounts paid, including wages, any additional payments, and the rate of exchange used, if applicable.
3) Certificates of Financial Security:
a. Certificate or other documentary evidence of financial security in respect of following is available onboard:
i. Regulation 2.5 - Repatriation - To address the specific problems faced in cases of abandonment of seafarers.
ii. Regulation 4.2 – Ship owners’ Liability - To provide financial security to assure compensation in the event of death or Long-term disability of a seafarer due to occupational injury, illness, or hazard.
b. Where more than one financial security provider supplies cover, the documents provided by each provider is to be available on board.
c. A copy of the certificates or documentary evidence is to be posted in a conspicuous place on board the vessel where it is available to the seafarers.
Enclosure:
Disclaimer:
This Technical Circular and the material contained in it is provided only for the purpose of supplying current information to the reader and not as an advice to be relied upon by any person. While we have taken utmost care to be as factual as possible, readers/ users are advised to verify the exact text and content of the Regulation from the original source/ issuing Authority.