5TH SEMINAR ON MARITIME HUMAN RESOURCES SOLUTIONS AND THE MARITIME LABOUR CONVENTION 2006. COMPANY OF MASTER MARINERS OF CANADA

FISHERIES AND MARINE INSTITUTE, MEMORIAL UNIVERSITY

S t . J o h n ’ s , N e w f o u n d l a n d

S e p t e m b e r 2 6 t h , 2 0 1 2

S E A F A R E R S ’ R E C R U I T M E N T A N D P L A C E M E N T S E R V I C E S U N D E R M L C :

T H E R O L E O F C R E W I N G & M A N N I N G C O M P A N I E S

D R . M . P R O G O U L A K I

PRESENTATION OUTLINE

1. Introduction

2. World maritime labour market

3. RPS role in maritime labour market

4. General requirements of RPS under MLC

5. Methodology

6. Results

7. Conclusions

Dr. M. Progoulaki 2

INTRODUCTION

Dr. M. Progoulaki 3

ILO (2006) Maritime Labour Convention Ratified by 30 members in 2012

RPS: Recruitment and Placement Services, i.e. “Any person, company, institution, agency or other organisation,

in the public or private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners.”

Role of RPS under MLC

Progress of RPS certification under MLC

Issues concerning operation of RPS under MLC

WORLD MARITIME LABOUR MARKET

Dr. M. Progoulaki 4

Supply of seafarers (BIMCO/ISF, 2010)

World fleet (UNCTAD, 2011)

68.3% of world tonnage registered under foreign flag Panama (21.9%)

Liberia (11.9%)

Marshall Islands (7.1%) (UNCTAD, 2011)

Country Officers Ratings Total

China 51.511 90.296 147.984

Turkey 36.734 51.009 113.332

Philip-pines

57.688 97.506

Indonesia 61.821 76.734

Russia 40.000 55.859

Ukraine 27.172

Malaysia 28.687

Country Share in world fleet (DWT)

Greece 16.17%

Japan 15.76%

Germany 9.17%

China 8.63%

Korea 3.79%

USA 3.71%

RPS ROLE IN WORLD MARITIME LABOUR MARKET#1

Dr. M. Progoulaki 5

As sources of supply of seafarers shifted to Asia & Eastern Europe, manning agencies became integral part of the industry

Seafarers & shipowners depend on Shipping/ ship management companies

Crewing/ manning agencies

who contribute to maritime labour supply chain

Case of illegal operation of manning agencies (OECD, 1996; ILO 2001)

Can distort the market’s stability

RPS ROLE UNDER MLC #1

Dr. M. Progoulaki 6

Need for supervision & legislative framework MLC requires that: “Shipowners who use RPS must request the presentation of a

license or similar document which proves that RPS operates in accordance with national requirements relevant to MLC”

Obligations of RPS Regulation 1.4, Standard A1.4, Guideline B1.4 Obligations of ILO members where RPS are located Establishment & definition of RPS Licensing for RPS providers’ operation by each ILO member Shipowners’ responsibilities

RPS ROLE UNDER MLC #2

Dr. M. Progoulaki 7

Main areas of concern under MLC: Free of charge access to an efficient, adequate & accountable

system for finding a job on board Cost of issuance of travel documentation required to join ship System of protection against monetary loss Prohibition of blacklisting/ other mechanisms that intend to

prevent seafarers from gaining employment Assurance by RPS that shipowners have means to protect

seafarers from being stranded in foreign port Up-to-date register of all seafarers recruited Verification that seafarers are informed of their rights & duties Seafarers get a copy of their employment agreements &

company’s complaint procedure

METHODOLOGY

Dr. M. Progoulaki 8

Examine level of RPS certification by RO Recognised Organisation (RO): Authorised public institutions or

other organisations who are competent and independent to carry out inspections/ issue certificates/ do both

Personal interviews among Classification Societies June 2012 @ Posidonia International Exhibition Sample: 12/13 members of IACS

9 interviews

Websites’ survey Examine: Existence of Ship’s & RPS Standards for Certification under

MLC Number of RPS voluntary certified under MLC Experience from gap analysis & RPS certification process

RESULTS #1

Dr. M. Progoulaki 9

RO: IACS member Standards for Ship certif. under MLC

Standards for RPS certif. under MLC

No. of RPS voluntary certified (MLC 1.4)

ABS (America) √ √ Unknown if any

BV (France) √ √ 5

CCS (China)

CRS (Croatia)

DNV (Norway) √ √ Unknown if any*

GL (Germany) √ √ Unknown if any

IRS (India) √

KR (Korea) √

LR (UK) √

NKK (Japan) √ √ Unknown if any

PRS (Poland)

RINA (Italy) √ 3

RS (Russia) √ √ Unknown if any

Sum 9/13 7/13 8

RESULTS #2

Dr. M. Progoulaki 10

Due to voluntary ships’ & RPS certification, limited information is available about No. of certified RPS

BV Certified 5 RPS based in: Philippines – 1

UK- 1

Branch office in India- 1

Greece- 2.

RINA certified 3 RPS in: Romania- 3 workforce placement & crewing services

Experience from gap analysis not available

RESULTS #3

Dr. M. Progoulaki 11

Examination of DNV, BV & ABS certification standards for RPS showed: Requirements of MLC Standard A1.4

Include provisions under Guideline B1.4

Include provisions under Reg. 1.1 Age limit

Reg. 1.3 seafarers’ qualifications

A 1.2 seafarers’ medical certificates, & others

Operation & licensing of private RPs providers includes aspects of crew management (not simply work placement)

RESULTS#4

Dr. M. Progoulaki 12

ILO members are required to supervise & control that regulated requirements are fulfilled by RPS 800 manning agencies operate in the Philippines- 1 is certified

Prohibition of blacklisting MLC does not describe the means to control blacklisting

No fees for seafarer recruitment/ placement, apart from the cost for national statutory medical certificate, national SB, passport, other travel documents (except VISA covered by shipowner) Cases of public RPs charging fees for seafarers’ placement No clarification for the cost of issuing Seafarers’ ID (under ILO

108/185- not consolidated in MLC)

RESULT #5

Dr. M. Progoulaki 13

DNV’s Standard requires that RPS publicizes costs that the seafarer will expect to bear for recruitment A statement from RPS top management that they don’t charge any

illegal fees to seafarers

Ensurance by RPS that shipowner has means to protect seafarers from being stranded in foreign port It is shipowner’s responsibility to provide flag states with financial

security in this matter (Reg. 2.5 §3). RPS are responsible “as far as practicable”

Shipowners are required to provide some form of monetary loss MLC does not define “monetary loss” Mentions repatriation (Reg. 2.5), illness (Reg.4.2), ship’s foundering

(Reg. 2.6)

RESULTS #6

Dr. M. Progoulaki 14

Verification that seafarers are informed of rights & duties & receive copy of their Employment Agreement (SEA) Few maritime labour supplying countries have developed a SEA

scheme

ILO members shall examine & respond to any complaint concerning the RPS and/or shipowner’s activity RPS shall examine, respond to any complaint & advise the competent

authority ((DNV)

RPS shall establish a documented procedure for receiving, processing & responding to seafarers complaints (ABS)

RPS shall provide a copy of the company’s Complaint Procedure (BV)

CONCLUSIONS

Dr. M. Progoulaki 15

MLC leads to improved supervision at all levels; Substandard ship operators & crewing/ manning

companies are in the spotlight; RPS certification needs clarification of certain issues; Seafarers’ rights & working conditions will be

protected; Profile of shipping industry more socially

responsible; Promotion & attraction of seafarers will be

enhanced.

5TH SEMINAR ON MARITIME HUMAN RESOURCES SOLUTIONS AND THE MARITIME LABOUR CONVENTION 2006. COMPANY OF MASTER MARINERS OF CANADA

FISHERIES AND MARINE INSTITUTE, MEMORIAL UNIVERSITY

DR. MARIA PROGOULAKI

M A R I T I M E E C O N O M I S T M H R C O N S U L T A N T & R E S E A R C H E R

U N I V E R S I T Y O F T H E A E G E A N

& T H E A M E R I C A N C O L L E G E O F A T H E N S

m . p r o g o u l a k i @ a e ge a n . gr

THANK YOU FOR YOUR ATTENTION.

ANY QUESTIONS PLEASE.