1. MLC 2006- Recruitment & Placement
Aug 15, 2017
Venue: Cape Town
Capt Saroor Ali

2. Introduction Shipping is probably the most regulated industry
Globalised nature of Maritime Sector
Companies / Ship Owners had their national crews
Foreign Crew roaster on National Ships
Advent of Flagging out (FOC , Dual Registry)
Multi National Crew
Worldwide mushrooming of Shipping offices & Crewing agencies
Crewing from Developing Countries
Cheaper Crew – Reduced wages bill for Ship Owners

3. Recruitment & Placement (Reg 1.4)
The purpose is to ensure that seafarers have access to an efficient, adequate, well regulated and accountable seafarer recruitment and placement system for finding employment on board ships without charge to the seafarer.
SRPS operating in a member state shall conform to the standards set out in the code
Ship-owners making use of SRPS based in countries where the convention does not apply are to ensure that the services conform to requirements set out in the code.

4. SRPS Contd…
Public SRPS, members operating to ensure that operation is in an orderly manner that protects and promotes seafarers employment rights as provided in the convention
Private SRPS to be operated in conformity with standardised system of licencing / certification / accreditation which shall be determined by the competent authority after consultation with ship-owners & seafarer organisation. Undue proliferation of private sector SRPS shall not be encouraged.
SRPS is operated pursuant to a CBA between the ship-owner and the seafarer’s organisation (ship-owner based in the member country)

5. SRPS Contd…
Prohibit SRPS from using means, mechanisms or lists intended to prevent or deter qualified seafarers from gaining employment (Blacklisting)
No fees or other charges directly or indirectly in whole or in part excepting
i) National Statutory Medical Certificate
ii) National Seafarer’s Book
iii) Passport or similar personal travel documents
Visa / Air ticket / pick up at airport & transport Costs – are to be borne by ship-owner
SRPS to maintain an up-to-date register of all seafarers placed through them and records to be available for inspection by competent authority
Ensure that seafarers are informed of their rights and duties under the employment agreement

6. SRPS Contd…
Seafarer examines & understands the employment agreement prior to signing and a copy is to be made available to the seafarer
SRPS are to verify that the seafarer is qualified, hold appropriate certificates necessary for the job / position concerned, agreements are in accordance with applicable laws and regulations and any CBA that forms part of the employment agreement
Ship-owner has the means to protect seafarers from being stranded in a foreign port
Examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint
Establish a system of protection, by insurance or any equivalent appropriate measure to compensate seafarers for monetary loss due to failure on part of SRPS or relevant ship-owner under the seafarer employment agreement

7. SRPS Contd…
Competent Authority shall closely supervise and control all SRPS. Licences, approvals, authorisations, accreditations are granted or renewed only after verification.
Competent Authority is to ensure that adequate machinery / procedures exist for investigation of complaints of SRPS or representatives of ship-owners and seafarers
Each member which has ratified the convention shall so far as practicable advise its nationals on the possible problems of signing on the ship that flies the flag of a State which has not ratified the Convention. Measures taken by the member State shall not be in contradiction with the principle of free movement of workers stipulated by the treaties to the two states concerned may be parties.

8. SRPS Organizational & Operational Guidelines
In fulfilling its obligation Competent Authority to consider:
To take necessary measures to promote effective co-operation with SRPS
Need of the maritime industry at both national & international levels when developing training programmes i.e. safe navigation, pollution prevention etc
Making suitable arrangements with ship-owners and seafarer organisations and relevant training institutions
Determining with due regard to the right of privacy seafarer personal data
Maintaining an arrangement for collection / analysis of maritime labour market, current supply of seafarers wrt age, sex, rank, qualifications etc.
Prescribing operational standards and adopting codes of conduct for SRPS and exercising supervision of licencing system based on quality standards

9. SRPS Organizational & Operational Guidelines
SRPS to maintain a list of ships for which they place seafarers and means of contacting at all times
Procedures to ensure that seafarers are not subject to exploitation by SRPS with regard to the offer of engagement on particular ship or by particular companies
Procedures to prevent the opportunities for exploitation of seafarers arising from the issue of joining advances or any other financial transaction between the seafarer and ship-owner which is handled by SRPS
Seafarers are advised of any particular conditions applicable to the job and any specific ship-owner policy
Procedures which are in accordance with the principles of natural justice for dealing with cases of incompetence or indiscipline
Request for information or advice by family are dealt promptly at no cost to seafarer

10. How does SAMSA accredit / grant approval to SRPS
Application is made to the nearest SAMSA office in the prescribed form

11. Marine Notice
SAMSA has issued a Marine Notice No. 19 of 2013, detailing the procedure for accreditation of SRPS

12. SRPS Checklist
Checklist for accreditation of an SRPS

13. SRPS Checklist

14. Certificate of accreditation

15. Thank You