Maritime Labour Convention 2006

Title 2 Conditions of employment

Check Sheet for on board Inspection
1 of 4
SE, A,
E *
A Substantial Equivalency, or an Alternative or an
Exemption applies as permitted by the competent authority
and as defined in the DMLC Part I
Check Item Yes No SE, A,
E *
Part A Part B DF / DT / O
1
1.1 Does the ship owner and the seafarer concerned each have a
signed original of the seafarers' employment agreement?
A2.1.1a
A2.1.1c
1.2 Do individual seafarers have a document containing a record of
their employment on board the ship?
X A2.1.1e;
A2.1.3
B2.1.1.1
a Do the records of employment contain statements as to the quality
of the seafarer's work and / or the seafarer's wages paid?
X A2.1.1e;
A2.1.3
b Are seafarers given a record of their employment on the ship on
completion of engagement? (such as a discharge book)
X A2.1.1e;
A2.1.3
B2.1.1.1
1.3 Is there available on board a copy of a standard form of any
collective bargaining agreement currently forming all or part of a
seafarers' employment agreement?
X A2.1.2a
1.4 Is the document referred to in 1.3 above provided in English (for
ships engaged on international voyages)?
X A2.1.2a
1.5 Is information on the conditions of employment easily obtained on
board by seafarers, including the ship's master and MLC, 2006
inspectors?
X A2.1.1d
1.6 Do seafarers have the opportunity to review and seek advice on the
terms and conditions in their employment agreement?
X Reg 2.1.2
2
2.1 Seafarer's details: full name, date of birth or age, and birthplace? X A2.1.4a
2.2 The ship owner's name and address? X A2.1.4b
2.3 Start date of the employment agreement and the place when it was
entered into?
X A2.1.4c
2.4 The capacity in which the seafarer is to be employed? X A2.1.4d
2.5 The amount of the seafarer's wages or, where applicable, the
formula used to calculate the wages?
X A2.1.4e
2.6 The amount of paid annual leave or, where applicable, the formula
used to calculate it?
X A2.1.4f
2.7 Termination conditions of the agreement including specifying any
required minimum notice period. (not to be less than 7 days)?
X A2.1.4g
A2.1.5
A2.1.6
2.8 The health and social security protection benefits to be provided to
the seafarer by the ship owner?
A2.1.4h
2.9 The seafarer's entitlement to repatriation? A2.1.4i
A2.5.2
B2.5.1.1
2.10 Reference to any relevant collective bargaining agreement, if
applicable?
X A2.1.4j
2.11 The appropriate number of hours of work expected in return for the
pay and any additional allowances and their circumstances in
addition to the consolidated wage?
X B2.2.2.2a
3
3.1 Are seafarers' wages paid at no greater than monthly intervals? X A2.2.1
3.2 Are all seafarers given a monthly account of the payments due and
the amounts paid, including wages, any additional payments, and
any the rate of exchange used if applicable?
X A2.2.2
DF - deficiency; DT - detention; O - observation
Are the following documents available;
Do all seafarers' employment agreements state:
Wages
This Checklist will be updated from time to time to reflect any changes in the requirements.
X but not immediately after
s/off
X ref to IBF Agreement
X ref to IBF Agreement
Maritime Labour Convention 2006
Title 2 Conditions of employment
Check Sheet for on board Inspection
2 of 4
Check Item Yes No SE, A,
E *
Part A Part B DF / DT / O
3.3 Are all seafarers provided by the ship owner with a means to
transmit all or part of their earnings to their families or dependants
or legal beneficiaries?
X A2.2.3 A2.2.4
3.4 Are any charges directed to the seafarer for such transmission of
wages, including the currency exchange rates, in accordance with
the Flag State requirements specified in the DMLC Part I?
X A2.2.5
3.5 Are seafarers receiving the minimum wage as specified in the
DMLC Part I? (only relevant in cases where the Flag State sets a
national minimum wage for seafarers)
X B2.2.3
3.6 Are all seafarers on the same ship undertaking work of equal value
receiving equal remuneration for such work without any form of
discrimination?
X B2.2.2.4a
3.7 Are seafarers receiving wages in full accordance with their
employment agreements? (refer to the next section "Assessment
of correctness of wage payments" for guidance)
X Reg. 2.2.1
3.8 Does the calculation formula for basic pay satisfy the minimum
requirement - the normal hours of work does not exceed 8 hours per
day at sea or in port?
X B2.2.2.1a
3.9 Does the calculation formula for overtime satisfy the minimum
requirement - the number of normal hours per week does not
exceed 48 hours or as prescribed by the national law?
X B2.2.2.1b
3.10 Is the rate of compensation for overtime not less than one and one-
quarter times the basic wage per hour (or as prescribed by the
national law)?
X B2.2.2.1c
3.11 Are overtime records maintained at least monthly on board and
endorsed by the seafarer?
X B2.2.2.1.d
3.12 Does the calculation formula for annual leave satisfy the following
requirements - (a) a minimum 2.5 calendar days per month of
employment and (b) justified absences (illness, injury, maternity,
public and customary holidays, compensatory leave, short ashore
leave) from work are not part of annual leave?
X B2.4.1.4
3.13 Are wages paid in legal tender and directly to seafarers' account
(unless otherwise requested) and without undue delay?
X X B2.2.2.4c;
B2.2.2.4d;
B2.2.2.4f
3.14 Are there any deductions off the seafarers' wages beyond that
permitted in national law or in an applicable collective agreement?
X B2.2.2.4h
B2.2.2.4i
B2.2.2.4j
3.15 Are any prices charged to the seafarer for on board stores and
services fair and reasonable?
X B2.2.2.4k
3.16 Are any monetary fines against the seafarer, other than those
authorised by national laws, collective agreements or other
measures, deducted from the seafarers' wages?
X B2.2.2.4j
4
4.1 Do the normal hours of work satisfy the following requirements: 8-
hour day with one day of rest per week and rest on public holidays
and they are not more than 14 hours in any 24-hour period or 72
hours in any 7-day period?
X A2.3.3
A2.3.4
A2.3.5
A2.3.6
4.2 Do the normal hours of rest satisfy the minimum requirement of not
less than 10 hours in any 24-hour period or 77 hours in any 7-day
period?
X A2.3.3
A2.3.4
A2.3.5
A2.3.6
4.3 Do the hours of rest comply with the requirement that they may be
divided into no more than two periods, one of which shall be at least
6 hours in length, and the interval between consecutive periods of
rest shall not exceed 14 hours?
X A2.3.3
A2.3.4
A2.3.5
A2.3.6
Hours of work and rest
Assessment of correctness of wage payments
Maritime Labour Convention 2006
Title 2 Conditions of employment
Check Sheet for on board Inspection
3 of 4
Check Item Yes No SE, A,
E *
Part A Part B DF / DT / O
4.4 Are musters, fire-fighting and lifeboat drills (and drills prescribed by
the national law) conducted in such a manner so as to minimise the
disturbance of rest periods and not to induce fatigue?
X A2.3.7
4.5 Is compensatory rest provided for call-outs during the normal hours
of rest?
X A2.3.8
4.6 Is a table containing the following information for every position on
board the ship provided in English and the working language of the
ship and displayed in an accessible place: (a) the schedule of
service at sea and service in port and (b) the maximum hours of
work or the minimum hours of rest?
X A2.3.10
A2.3.11
4.7 Are such records maintained in a standardised format as
established by the competent authority and in English and the
working language of the ship, and show the seafarers' daily hours of
work or their daily hours of rest and other information as required in
A2.3.5 - A2.3.11 inclusive?
X A2.3.12
4.8 Do seafarers receive a copy of their records as referred to in 4.7
above?
X A2.3.12
4.9 Does the Flag State have any exemptions against the requirements
of the limits of hours of work and the hours of rest as specified
above and are these being complied with? (see the ship's DMLC
Part I)
X A2.3.13
4.10 Do the hours of work and rest of young seafarers under 18 satisfy
the minimum standard - 8 hours per day; 40 hours per week;
overtime allowed in exceptional circumstances (Exemption applies if
the provisions mentioned above are impracticable for young
seafarers in deck, engine room and catering departments assigned
to watch keeping duties or working on a rostered shift work system
and if it is part of an effective training programme?
X B2.3.1
5
5.1 Are seafarers granted shore leave taking due account of the
operational requirements of their positions?
X Reg. 2.4.2
5.2 Do seafarers receive a minimum paid annual leave of 2.5 calendar
days per month of employment?
X A2.4.2
5.3 Do seafarers receive pay during their annual leave period at their
normal level of remuneration?
X B2.4.1.3
6 Repatriation
6.1 Are there any seafarers who have served on board the ship for
more than 12 months?
X A2.5.2b
6.2 Are there any seafarers under the age of 18 years who have served
on board the ship for more than 6 months?
X B2.4.4
6.3 Are any seafarers required to make an advanced payment, in part
or in whole, towards the cost of their repatriation?
X A2.5.3
6.4 Are the issues in B2.5.1 addressed in the ship owner's DMLC Part
II? ??? ??? B2.5.1
6.5 Is there provision for seafarers under the age of 18 years to be
repatriated after a period of 4 months if it is apparent that they are
unsuitable to a career at sea?
X
B2.5.2.3
7 Ship's loss and foundering
7.1 Is the seafarer entitled to adequate compensation in the case of
injury, loss or unemployment arising from the ship's loss or
foundering?
X Reg. 2.6.1
A2.6.1
Entitlement to leave
Maritime Labour Convention 2006
Title 2 Conditions of employment
Check Sheet for on board Inspection
4 of 4
Check Item Yes No SE, A,
E *
Part A Part B DF / DT / O
7.2 Does the calculation of indemnity satisfy the following requirement -
paid for the days of seafarer's unemployment resulting from the
ship's loss or foundering (may be limited to 2 months' wages)?
X B2.6.1.1
8
8.1 Is there an appropriate number of seafarers on board the ship to
ensure safe and secure operation under all operating conditions
(including an appropriate number of cooks/those responsible for
food preparation and those who are responsible for medical care) as
in accordance with:
(1) the minimum safe manning document or an equivalent issued by
the Flag State? and
(2) the standards of the MLC, 2006; including those associated with
the hours of work and rest?
X A2.7.1
A2.7.2
8.2 Are there adequate quantities of food and drinking water for the
number of seafarers on board the ship? Is the catering department
adequately staffed and trained?
X X A2.7.3
Reg. 3.2.1
A3.2
9 Career and skill development for seafarers
9.1 Are there opportunities onboard for further training and education of
seafarers?
X B2.8.1.1
Manning levels
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