UNIT – IV_PCI Complaints: Complaints and evaluation of complaints, Handling o...
Seafearers bill of rights[1]
1. * Maritime Labour
Convention
‘Seafarers’ Bill of Rights’
What does it mean for Seafarers
2. *
*The ITF a brief overview
*Is there a need for the MLC, benefit for
seafarers
*Enforcement and complaints
*Conclusions
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3. • Founded in 1896
• A global federation of transport unions
• 779 trade unions in 155 countries
• More than 4.6 million workers represented
• ITF organizes in ports, ships, railways, freight
and passenger transport, inland waterways,
fisheries, tourism and civil aviation
4. *
Political Industrial Institutional
*Affiliates • Inspectorate • ILO
*Players in the • Dockers • IMO
industry • Fellow • Regulatory
organisations bodies
6. *ITF Inspectorate
10000 ships visited in 2011
Europe
Arab World
Asia/Pacific
Latin America &
Caribbean *
Around 210,000
Africa
Seafarers visited on
ships
% of Seafarers that have basic knowledge
of the MLC2006 = 20%
7. *
*MLC 2006 – Set minimum standards
*Low cost operators
*Level playing field
*is MLC an useful instrument or a duplicate of existing
maritime instruments ?
* Seafarers are the focal point
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8. *
* Convention covers all workers
* No more favorable treatment
* Strength PSC: mandatory inspection re serious violations of
rights
* Compliance must be planned and ensured by ship owners
* Compliance must be documented in records made available
to seafarers
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9. *
*Verifiable obligations for deposit of financial security
*Powerful complaints procedures (to be used with care)
*Stronger/clearer requirements for contracts
*Enforceable monthly wages in full
9
10. *
*Ship owner must justify if choosing manning
agency from non convention country.
*Encourage establishment of welfare committees
in ports
* Powerful complaints procedures (to be used
with care)
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11. *
* What is a complaint? * Information received in
confidence concerning
possible breach of the
requirements
Who can make it? * Seafarers, seafarers
organisations, RO
* Who is it made to ? * Direct Supervisor, Master,
Flag State, PSC, others
12. *
* Ensure adoption of national * Investigate the complaint
provisions for On-board …and more!
complaint procedures * Obtain a prompt solution
* National model , copy to * Professional judgment
seafarers
* Actions and reporting
* Innovative system
* Confidentiality
* Resolution at the lowest
possible level
* No victimisation –
confidentiality
13. Complaint on board
Head of dept./superior officer
(or direct to captain or external authorities)
Complaint recorded copy to seafarer
Attempt to resolve the matter to seafarers satisfaction
yes no
Case closed Decision
If complaint was first
decision recorded copy
made to head of
recorded copy provided to
dept/officer, seafarers
provided to seafarer
then refer complaint up
seafarer
Resolution Non-resolution
Case closed decision Matter to be referred to ship owner ashore
recorded copy or consider whether the on shore complaint
provided to seafarer can help
14. Complaint Port State Undertakes investigation check if on
On shore Officer board procedures followed
Try to resolve deficiencies at ship-board
level
Problem
successfully • Problems not resolved • Problems not resolved
resolved but are not considered hazardous conditions on board
sever enough to require serious/repeated breach of
Seafarer detention of the ship the convention including
informed of • PSc notifies flag state breach of seafarers rights
action taken and requires a corrective • Inspector can have ship
decision plan of action sets a detained until such time as the
recorded prescribed deadline for deficiencies are resolved or
Seafarers resolving the problem he/she is satisfied that there
provided • If the problem are still is an adequate plan for
with copy of not resolved report sent rectification.
decision to director of general ILO • Flag state notified ship owners
seafarers and ship and seafarers organisation
onwers organisations informed
informed
