02. mlcc 2014 the hellenic case

Lisbon, 24 - 25 September 2014

Training on Maritime Labour Convention, 2006

IMPLEMENTATION AT NATIONAL LEVEL THE HELLENIC CASE

MINISTRY OF SHIPPING, MARITIME AFFAIRS AND THE AEGEAN HELLENIC COAST GUARD

LIEUTENANT HCG ANTONAKOY Vasiliki

MLC, 2006

INTEGRATED PACKAGE

5

4

3

2

1

Ratification of the Convention and specification of the branches for which protection is provided in accordance with the social security provisions of the Convention (Standard A4.5, paragraph 2)

Implementation and enforcement of laws or regulations or other measures that the Member has adopted to fulfill its commitments .

Establishment of a system for ensuring compliance with the requirements of the Convention (regular inspections, reporting, monitoring legal proceedings )

Prohibition of violations of the Convention and establishment of sanctions or corrective measures

Ships that fly its flag carry a maritime labour certificate and a declaration of maritime labour compliance.

National legislation European

legislation

identification of the areas of flexibility

EFFI

CIE

NC

Y

UNDERSTANDING

.

Conduct of a gap

analysis.

Consultation with the

organisations of seafares

and shipowners.

Drafting and adoption of legal acts or

measures

MLC, 2006 CHALLENGINLY COMPLEX

Handbook: Guidance on implementing the Maritime Labour Convention, 2006 – Model National Provisions

http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---normes/documents/publication/wcms_170389.pdf

implement Part A through provisions in its laws

and regulations or other measures

which are substantially equivalent to the provisions of

Part A

mandatory requirements of many provisions in Part A in a more

general way, thus leaving a wider scope for

discretion as to the precise action to be provided for

at the national level

flexibility

paragraph 8 article 19 of the Constitution of the ILO

•……. in no case shall the adoption of any Convention by the Conference or the ratification of any Convention by any Member

be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention. …..

(Preamble of the Convention)

Directive 2009/ 13/ EC

•the EU Members must bring into force the laws, regulations and administrative provisions necessary to comply with this Directive or ensure that management and labour have introduced the necessary measures by agreement in order to comply with Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC. This Directive should not be used to justify a reduction in the general level of protection of workers in the fields covered by the Agreement annexed to it. (PREAMBLE 16)

EU Directives 2009/13/ EC

NOT ALLOWING 2013/54/EC

ALLOWING ONLY FOR MONITORING

.

.

Non application of details of the Code only with respect to ships of less than 200 gross

tonnage not engaged in international voyage

to the extent that the subject matter is dealt with differently by national laws or regulations

or collective bargaining agreements or other measures

CONSULTATION

Shipowners’ Organizations

Seaf

arer

s ‘

Org

aniz

atio

ns

categories of persons to be regarded as seafarers Categories of ships to which the Convention applies

.

Prescribing the nature of the medical examination and certificate

.

.

CONSULTATION


Seaf

arer

s ‘

Org

aniz

atio

ns

Establishing, modifying or changing system of licensing or certification or other form of regulation of private seafarer recruitment and placement services .

Establishing clear objectives for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to the safe operation and navigation of the ship, including ongoing training.

The duration of minimum notice periods to be given by the seafarers and ship owners for the early termination of a seafarers’ employment agreement (prerequisite not be shorter than seven days)

.

. Granting exemptions in the case of ships of less than 3,000 gt from requirements construction requirements

CONSULTATION


Seaf

arer

s ‘

Org

aniz

atio

ns

Developing laws and regulations for the implementation of MLC, 2006 provisions regarding accommodation and recreational facilities

.

Review of laws and regulations that relate to health and safety protection and accident prevention.

.

. Determination of ports appropriate for the promotion and development of welfare facilities.

CONSULTATION


Seaf

arer

s ‘

Org

aniz

atio

ns

Review of laws and regulations that relate to health and safety protection and accident prevention

.

Developing a model for fair, expeditious and well-documented on-board complaint-handling procedures.

Antigua and Barbuda Australia Bahamas Benin Bosnia and Herzegovina Bulgaria Canada Croatia Cyprus Denmark Kiribati Latvia Liberia Luxembourg Marshall Islands Netherlands Norway Palau Panama Philippines Poland Russian Federation Saint Kitts and Nevis Saint Vincent and the Grenadines Singapore Spain Sweden Switzerland Togo Tuvalu

FIRST 30 COUNTRIES TO RATIFY THE CONVENTIONthey may be THEY CAN inspect vessels whether they are in compliance with the requirements of the Convention. Those vessels will receive no more favourable treatment for flying the flag of a country that has not ratified the Convention.

TIMELINE PROJECT PLANNING

2018 •Example text

Compliance of EU MEMBERS with

DIR 2009/ 13/ EC

HELLAS

MLC, 2006 COMES IN

FORCE

Hellas has ratified the Convention by Law No. 4078/2012 (A’ 179)

Regulation for the implementation of the requirements of the Maritime

Labour Convention, 2006

• No. 3522.2/08/2013 Common Ministerial Decision

Regulations for the implementation of the

requirements of the Maritime Labour

Convention, 2006 –Flag and Port State

Obligations

• No. 4113.305/01/2013

• Common Ministerial Decision

No major gaps

Multifarious legislation

Need for slight amendments of a significant number of legal acts

Adoption of a new set of acts

SCOPE OF FIELD

• Vessels which exclusively navigate in lakes, rivers, canals, or in ports including their anchorage area, in port accesses up to three nautical miles from their entrance or among ports or consequent bays in a distance that is not beyond six nautical miles are also excluded

• except of ships engaged in fishing or similar pursuits activities, such as fish farming support ships, those characterized as traditional in accordance with Common Ministerial Decision 4113.203/01/13-09-2005 (B’ 1281) and warships or naval auxiliaries

• armed private guards, pilots, port workers,

inspectors, repair technicians/work

group staff are not to be considered

seafarers

• any person who is employed or engaged or works and is ensigned under any capacity on board a ship to which the National Regulation applies.

seafarers

ship

Special obligations Regulation 1.1 Standard A.1.1

Types of work likely to jeopardize the health or safety of young seafarers

objectively beyond their physical or psychological capacity,

involving harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm to the unborn child or which in any other way chronically affect human health

involving harmful exposure to radiation;

involving the risk of accidents which it cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or in which there is a risk to health from extreme cold or heat, or from noise or vibration.

Involving processes referred to in the Annexes of Council Directive 94/33/EC that can be found on board vessels.


Medical Certification certificates issued under STCW are acceptable for the purpose of

the Convention (visual acuity, colour vision, hearing and type of the certificate has been

defined by STCW and Directive 2012/35/EU amending Directive 2008/106/EC on the minimum level of training of seafarers (article 11))

The health assessment shall be free to the seafarer according to Directive 1999/63/EC and may be conducted within the national health system

For conducting the assessment the medical practitioner takes into account the Guideline B1.2.1 of the Convention.

Especially seafarers signed on board as cooks are submitted in fecal culture and parasitological test.

The medical practitioner has specialty in the area of general or occupational medicine or pathology

Type of Medical Certificate For Signing ON

STCW.7/Circ.16/ 2011

Administrations may continue to issue medical certificates under the 1995 STCW Amendments until 1 January 2017 or new certificates under the provisions of the 2010 Manila Amendments

Accepted Medical Certificates

Seafarers’ medical certificates issued according to the International Convention 73 of the International Labour Organization or according to STCW International Convention (amendments 1995) are valid and accepted up to their expiration and not beyond the 1st January 2017.

The existing Hellenic certificates, issued under the International Convention No 73 and the International Convention STCW (amendments 1995), are accepted as above.

A certificate issued under the legislation of a country that has ratified the MLC, 2006 is accepted for the purpose of the National Regulation.

http://www.hcg.gr/sites/default/files/docs/archive/CME.pdf


Recruitment and placement

Our country maintains

a free public recruitment and

placement service Office

http://www.generg.gr

e mail: [email protected]

if seafarers were engaged through a private seafarer recruitment and placement service based in a country that has ratified the MLC, 2006, documentation should be available regarding any licences or certificates or similar authorizations

if seafarers were engaged through a seafarer recruitment and placement service based in a country that has not ratified the MLC, 2006, documentation should be available to show that the shipowner has, as far as practicable, verified through a proper system that the service is operated consistently with the MLC, 2006

(e.g. audits, certification, check lists)


Seafarers’ employment agreements A Seafarer’s Employment Agreement (SEA) is signed by both the seafarer

and the shipowner or the shipowner's representative or the master (provided that the latter is not engaged) and takes effect by its entry/ registration in the ship's article.

Except for cases where the shipowner or the master, acting on his/her behalf according to the national legislation, any other party contracting with the seafarer should be able to provide documentation showing that he/she is authorized to represent the shipowner

In case no applicable collective bargaining agreement in force exists, seafarer's employment terms and conditions are agreed by contracting parties and are set in the seafarer's written employment agreement

It is recommended that SEA is carried on board either in its original form or in copy.

The particulars of the SEA are the same as in the Convention, including the vessels name, category, registry, tonnage and call sigh and any other terms mutually agreed by the parties

Record of Employment seafarer’s name,

date/year of birth or age,

vessel’s name, registry and type,

date of commencement and termination of employment,

capacity under which he/she was ensigned and the relative certificate of competency

any other element mutually agreed by the seafarer and the master

duration of minimum periods to be given for early termination of the employment agreement

not be shorter than seven days as in the Convention


Hours of work and hours of rest a minimum number of hours of rest which shall be provided in

a given period of time was fixed as in the Convention

Exceptions to limits of hours of rest provided for in section A-VIII/1 of STCW about fitness for duty should be construed to mean the exceptions laid down by the Maritime Labour Convention, 2006

standardized format of the table with the shipboard arrangements and the record of seafarer’s daily rest period

MODEL FORMAT FOR TABLE OF SHIPBOARD WORKING ARRANGEMENTS

MODEL FORMAT FOR RECORD OF HOURS OF REST OF SEAFARERS

Entitlement to leave

an agreement to forgo the minimum annual leave with pay prescribed shall be permitted in cases set in the collective bargaining agreements

restriction stipulated in Directive 1999/63/ EC according to which the minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.

Repatriation P + I Club Certificates including those of the IG Group shall be

accepted as meeting the requirement of the Convention

Circumstances in which seafarers are also entitled to repatriation :

sickness and injury or other state of health that necessitates the repatriation if they are medically fit to travel and they were not in serious default of their obligations

loss of vessel

change of the flag

public auction of the vessel

Dismissal for any cause that cannot be attributed to the seafarer

Cases set in the collective bargaining agreements or the SEA

For distances beyond 500 km the appropriate way is by air.

When the seafarer is repatriated as a crew member he/ she is entitled to wages .

The seafarer’s right to repatriation is deemed to be the right to be repatriated in the

the country of residence; or the port from where he/she was initially embarked

the place at which the seafarer agreed to enter into the engagement;

any other place mutually agreed in the SEA.

young seafarers under the age of 18 that have served on a ship for at least four months during their first foreign-going voyage are repatriated at no expense if it becomes apparent that they are unsuited to life at sea has been incorporated in the national legislation.


Accommodation and recreational facilities

Accommodation and recreational facilities

Minimum Permitted Headroom shall not be less than 203 centimetres.

Reduction permitted to 198 centimeters in headroom in any space, or part of any space, in such accommodation where it is satisfied that such reduction is reasonable, and will not result in discomfort to the seafarers

Competent Directorate: The Planning and Construction Directorate of the Ministry

Exemptions granted after consultation with the social partners a priori

In ships, other than passenger ships, of less than 500 g.t., an individual sleeping room or a sleeping room occupied by maximum two (02) persons is provided for officers, except for the Master and the Chief Engineer for whom an individual sleeping room is provided.

In ships other than passenger ships of less than 3,000 g.t an individual sleeping room or a sleeping room occupied by maximum two (02) persons is provided for ratings. (National Regulation, article 16).

Ships of less than 3,000 g.t. are exempted from the requirement of paragraph 9(m) of the Standard A3.1 of the Convention; that is the master, the chief engineer and the chief navigating officer to have, in addition to their sleeping rooms, an adjoining sitting room, day room or equivalent additional space.

The location of sleeping rooms below the load line may be permitted by the competent authority.

In order to provide single berth sleeping rooms, floor area may be reduced according to the permit of the competent authority only on ships of less than 3,000 gross tonnage, passenger ships and special purpose ships.

Ships of 1600 g.t. and less are exempted from the requirement of having sanitary facilities within easy access of the navigating bridge and the machinery space or near the engine room control centre

Ships of less than 3,000 g.t. are exempted from the requirement to be provided with separate offices or a common ship’s office for use by deck and engine departments (National Regulation, article 23).

hospital accommodation (article 21 of the national regulation)

The hospital is easily accessible in all weather conditions with comfortable accommodation of patients, helps to provide immediate and adequate care and is positioned as far as possible to ensure privacy from the noise of the engine and propeller.

The arrangement of the entrance, berths, lighting, ventilation, heating and water supply are generally designed to ensure the comfort and facilitate the treatment of the occupants.

The entrance of hospitals are at least 75 centimeters.

Lighting is similar to other accommodation spaces.

Additionally, there is installed a portable electric examination lamp.

The number of hospital berths required cannot be less:

a. one (01) on ships with crew up to twenty (20) members.

b. two (02) on ships with crew up to forty (40) members

c. three (03) by ship with crew more than forty (40) members

If the ship is provided with single dorms for all crew members, the beds of the hospital may be reduced to one (01).

Near each bed exists a push button or telephone so as the patient to call for help.

Sanitary accommodation should be provided for the exclusive use of the occupants of the hospital accommodation

toilet, sink and bathtub or shower, located in or near the infirmary and supplied with hot and cold fresh water.

Cabinet available, according to the number of dormitories and a small closet for storage of towels and bed linen.

The word «Hospital»is printed indelibly on the outer side of the entrance door

The Master takes measures to ensure that seafarers’ accommodation is clean, decently habitable and maintained in a good state of repair.

Once every 15 days the master himself/herself conducts an inspection of the accommodation spaces and makes relevant entry in the bridge logbook.

Ships have space or spaces on open deck to which the seafarers have access when off duty.

Ships over 3,000 gt, have separate offices or a common ship's office for use by staff of the deck and engine room.

Ships of more than 8000 gt, have a separate room for recreation which are equipped so as to serve the purpose for which they are intended.

Ships over 1600 gt, are equipped with library containing books updated regularly, as well as audiovisual materials.

The shipowner ensures that the facilities and leisure services are subject to frequent inspection in order to be appropriate in view of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry,

On-board recreational facilities

Food and catering The Master cares for food and drinking water of appropriate quality, nutritional value and

quantity to be provided free of charge during the period of their engagement, taking into account the differing cultural and religious backgrounds of the seafarers.

The shipowner bears the cost of food and catering.

Tables with the provided ration are posted on board, in an easily accessible place to seafarers.

Seafarers serving under the capacity of the cook hold appropriate documentation.

Seafarers enlisted in ship’s article as ships’ cooks shall hold the appropriate certificate issued by the Seafarers' Training Directorate of the Ministry of Shipping, Maritime Affairs and the Aegean (Chief Cook Certificate, Cook's License A, B or C).

Certificates issued by States, which have ratified the Convention or the Certification of Ships' Cooks Convention, 1946 (C. 69), shall similarly be accepted.

It is the master’s responsibility, on board ships, where food is prepared for seafarers, that frequent documented inspections are carried out by a Committee of three seafarers who are set under the authority of the master, at regular intervals and not more than thirty days with respect to:

• a. supplies of food and drinking water, b. all spaces and equipment used for the storage and handling of food and drinking water, c. galley and other equipment for the preparation and delivery of meals. The results during the above inspection are recorded on the ship’s Logbook or relevant documentation is maintained.

Special obligations Regulation 4.1 Standard A4.1 Medical care adopt a standard medical report form and

ensure that a prearranged system for medical advice is available free of charge 24hours a day.

Free medical as above by the Medical Advice Center of the Hellenic Red Cross, which is operated by the benefit institution 'Henry Dunant Hospital”

The exchange of information with the ships is conducted according to the standard medical report form, with the exception of cases of extreme urgency.

As regarding foreign ships, the standard medical report set by the competent authority of the flag state is accepted.

The medical report form of the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual is also acceptable.

The form, when completed, and its contents shall be kept confidential

Special Obligations Shipowners’ liability

Shipowners shall possess a written proof of financial security to meet their liability obligations for workers’ compensation for accidents in case of death or long term disability due to an occupational sickness or injury or risk

(letters of guarantee from banks or other credit institutions, contract and/ or certificate from mutual insurance organizations, in particular of a member of the international Group of P&I clubs or other effective forms of insurance), as it is defined in accordance with the relevant legislation, employment agreement or any applicable collective maritime Labour agreement.

In case the language used in the above documentation of ships engaged on international voyages or voyages between a port or ports of another State, is not English, the text includes at least a translation in English.

Shipowners are exempted from liability in several cases.

Excluding the shipowner from liability in respect of injury or sickness due to the wilful misconduct of the seafarer shall not affect the principle of responsibility of the employer as provided for in Article 5 of Directive 89/391/EEC (Directive 2009/ 13/ ec)

Medical care

Presidential Decree 376/1995 "Minimum safety and health requirements for improved medical treatment

on board vessels

in accordance with

Directive 92/29/EEC of 31 March 1992

medicine chest

medicine and medical guide

equipment

medical supplies

Special Obligations Health and safety protection and accident prevention

Safety Committee

A committee shall be established by the master, on board a ship on which there are five or more seafarers

Comprises by at least three seafarers, taking into account the duties and their competencies on subjects of safety and health in order to participate in the meetings. In the above committee the master may be included.

informed by the master about the results of the ship’s risk assessment.

The constitution of the safety committee is recorded in the ship’s Logbook and / or The ship’s Safety Management System provided by the International Safety Management Code (ISM).

The aim of the Committee is to:

contribute to the implementation of ships’ occupational safety and health policies and programmes and the prevention of accidents, injuries and illnesses on board and to submit proposals to the master in order to be promoted to the owner so as the above policy and programme to be improved

records and examine any observations and suggestions of other seafarers related pertaining to the protection of occupational health and safety and prevention of accidents.

investigates, if possible, onboard cases that are related to health protection and occupational safety and accident prevention and proposes to the shipowner any corrective and preventive action.

The meetings of the Committee are carried out at intervals not exceeding three months, and whenever it is considered necessary at the discretion of the master.

Records are kept and held under the responsibility of the master; the relevant information can be integrated into the ship’s Safety Management System.

None of the seafarers’ rights is to be affected and no adverse consequences will occur because of their participation in the above committee and their related activities.

Special Obligations Health and safety protection and accident prevention

CONDUCT OF RISK EVALUATION the shipowner takes into account:

• a. The general preventive principles

combating risk at the source, adapting work to the individual, especially regarding the design of workplaces, and replacing the dangerous by the non dangerous or the less dangerous, have precedence over personal protective equipment for seafarers.

•

• b. physical occupational health effects, including manual handling of loads, noise and vibration, the chemical and biological occupational health effects, the mental occupational health effects, the physical and mental health effects of fatigue, and occupational accidents.

• c. Any views of master and Safety Committee of the ship.

The risk evaluation is kept in written records availiable on board

and may be incorporated in the ship’s

Safety Management System.

• The competent Directorates of the Ministry of Shipping, Maritime Affairs and the Aegean and the Hellenic Statistical Authority(EL.STAT.) ensures that:

• a. Reporting and investigation of occupational safety and health matters is taking into account the guidance provided by the International Labour Organization on this matter including any international or European system or model of recording seafarers’ accidents adopted by the International Labour Organisation

• b. comply, analyse and publish comprehensive statistics of such accidents and diseases and, where appropriate, make subsequent research into the general trends and into the hazards identified.

Special Obligations Inspection and enforcement

develop a model for fair, expeditious and well-documented on-board complaint-handling procedures for all ships (Guideline B5.1.5)

Responsibility TRANSPOSED to the shipowner to develop and maintain such procedures

Seafarers should at all times have the right to be accompanied and to be represented by another seafarer of their choice on board the ship concerned.

All complaints and the decisions on them are recorded and maintained onboard

for at least one year and a copy is provided to the seafarer and the shipowner concerned if requested

SEAFARER

head of department or superior officer

• treats the complaint within 24 hours and, if the conditions of the ship’s activity do not allow and/or in case of emergency as soon as possible after the restoration of normal conditions of the ship’s operation

master

• The crew is allowed to come forward to the master when it comes to matters of complaint, during hours designated by him, or in exceptional cases at any time.

shipowner

• no more than fifteen days for resolving the matter, where appropriate, in consultation with the seafarers concerned or any person they may appoint as their representative

Complaint Handling Procedure Contact Information

Hellenic Republic

Ministry of Shipping, Maritime Affairs and the Aegean,

Seafarers’ Labour Directorate

Tel. ++30 210 419 1442

++30210 4064217

++30 210 4191295

Fax ++30 210 4137042

Email: [email protected]

Working Hours

Hellenic Republic Ministry of Shipping, Maritime Affairs and the Aegean Hellenic Coast Guard Operations Centre tel ++30 210 4082622 fax ++ 30 210 4633096 email [email protected]

Non

Working Hours

mailto:[email protected]

tel:210 4082622

tel:210 4633096

mailto:[email protected]

American Bureau of Shipping

(ABS)

Bureau Veritas

(BV)

DNV GL AS

Korean Register

of Shipping

(KR)

Lloyd's Register

of Shipping

(LR)

Nippon Kaiji

Kyokai (NK)

Polish Register

of Shipping

(PRS)

Registro Italiano Navale (Rina)


Part II of the DMLC may make reference to other more comprehensive documentation covering policies and procedures relating to other aspects of the maritime sector, for example documents required by the International Safety Management (ISM) Code or the information required by Regulation 5 of the SOLAS Convention, Chapter XI-1 relating to the ship’s Continuous Synopsis Record.


The competent authority shall appoint a sufficient number of qualified inspectors

officer of the Hellenic Coast Guard or a civilian employee of the Ministry. For qualification and experience,

good knowledge of the English language according to the corresponding legislation

university graduate or postgraduate degree in a field that’s relevant to shipping or a degree of a Merchant Navy Academy or of the Hellenic Naval Academy.

Flag State Inspectors or ISM or Port State Control Officers or have working experience of at least two years in the last five year period with the Seafarer’s Labour Directorate or a respective sector of the national central port authorities.

successfully complete a training program


training programmes for maritime labour and inspector and trainers

• FIELDS

knowledge and comprehension of the Convention and national laws and regulations,

methods of inspection,

examining of evidence and documents,

collection and estimation of exhibits,

preparing a report,

handling a complaint and requesting a corrective action.

The competent Directorate maintains a record of Maritime Labour Inspectors.

Maritime Labour Inspectors have been provided with special identity document.

The end…..?

Any questions…..

02. mlcc 2014 the hellenic case

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