INTERTANKO LATIN AMERICAN PANEL INTERNATIONAL LABOR ORGANIZATION MARITIME LABOR CONVENTION JOSEPH ANGELO 25 APRIL 2006
BACKGROUND • NOT A GOVERNMENT INITIATIVE • INDUSTRY INITIATIVE INTRODUCED BY INTERNATIONAL SHIPPING FEDERATION (ISF) • ISF ADVOCATED A RADICAL APPROACH – NEW PROBLEMS NEED NEW SOLUTIONS • 6 YEAR EFFORT THAT BEGAN IN 2000
PROBLEMS WITH EXISTING ILO INSTRUMENTS • TOO MANY EXISTING ILO INSTRUMENTS • OUTDATED – DID NOT REFLECT CURRENT WORKING & LIVING CONDITIONS • NOT ADEQUATELY RATIFIED WORLDWIDE • INADEQUATE AMEMDMENT PROCEDURES • NO PRACTICAL ENFORCEMENT PROCEDURES
CONVENTION STRUCTURE • • VERTICAL STRUCTURE ARITCLES – LEGAL PROVISIONS, DEFINITIONS REGULATIONS – PRINCIPLES, OBLIGATIONS CODE – DETAILS TO IMPLEMENT REGS PART A – MANDATORY STANDARDS PART B – GUIDELINES - NOT MANDATORY
REGS & CODE – FIVE TITLES • MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON SHIPS • CONDITIONS OF EMPLOYMENT • ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING • HEALTH PROTECTION, MEDICAL CARE, WELFARE, AND SOCIAL SECURITY • COMPLIANCE AND ENFORCEMENT
DEFINITIONS SEAFARER • ANY PERSON EMPLOYED OR WORKING IN ANY CAPACITY ON BOARD • RESOLUTION TO ASSIST ADMINISTRATIONS IN DETERMINING WHO MAY BE EXCLUDED SHIPOWNER • OWNER, MANAGER, AGENT, BAREBOAT CHARTERER • PERSON OR ORGANIZATION ASSUMING RESPONSIBILITY FOR OPERATIONS
APPLICABILITY • ALL SHIPS 200 GROSS TONS AND ABOVE ORDINARILY ENGAGED IN COMMERCIAL ACTIVITIES • EXCLUDES SHIPS EXCLUSIVELY IN INLAND OR SHELTERED WATERS WHERE PORT REGULATIONS APPLY • EXCLUDES SHIP ENGAGED IN FISHING, DHOWS, JUNKS, WARSHIPS
MARITIME LABOR CERTIFICATE • ISSUED BY FLAG STATE OR ITS RO • VERIFIES THAT LABOR CONDITIONS COMPLY WITH NATIONAL REGULATIONS • VALIDITY – 5 YEARS (PERIODIC INSPECTIONS) • IDENTIFIES THE SHIPOWNER WHO IS RESPONSIBLE TO SATISFY OBLIGATIONS OF THE CONVENTION
DECLARATION OF MARITIME LABOR COMPLIANCE NATIONAL LAWS AND OWNERS PLAN TO IMPLEMENT 14 AREAS OF STANDARDS: • • • MINIMUM AGE MEDICAL CERTIFICATION QUALIFICATIONS OF SEAFARERS SEAFARER EMPLOYMENT AGREEMENTS USE OF A RECRUITMENT AND PLACEMENT SERVICE
• • • HOURS OF WORK OR REST MANNING LEVELS ACCOMMODATIONS ON BOARD RECREATIONAL FACILITIES FOOD AND CATERING HEALTH AND SAFETY AND ACCIDENT PREVENTION ON BOARD MEDICAL CARE ON BOARD COMPLAINT PROCEDURES PAYMENT OF WAGES
SOCIAL SECURITY FLAG STATE ENSURES STATE OF RESIDENCE PROVIDES AT LEAST THREE OF THE NINE - MEDICAL CARE - INVALIDITY BENEFIT SICKNESS BENEFIT - SURVIVOR’S BENEFIT OLD AGE BENEFIT - FAMILY BENEFIT MATERNITY BENEFIT UNEMPLOYMENT BENEFIT EMPLOYMENT INJURY BENEFIT
PRIMARY ENFORCEMENT PORT STATE FLAG STATE ILO
PORT STATE • POSSESSION OF MARITIME LABOR CERTIFICATE AND DECLARATION OF MARITIME LABOR COMPLIANCE IS PRIMA FACIE EVIDENCE OF COMPLIANCE • MORE DETAILED INSPECTION IF: - CLEAR GROUNDS NOT IN COMPLIANCE - REASONABLE GROUNDS SHIP REFLAGGED TO AVOID COMPLIANCE - COMPLAINT ALLEGING NON-COMPLIANCE • NON-COMPLIANCE CAN RESULT IN DETENTION
FLAG STATE AND ILO FLAG STATE • SUBMIT QUALITY ASSESSMENT REPORTS TO THE ILO • “SPECIAL TRIPARTITE COMMITTEE” WILL CONTINUALLY REVIEW THE WORKING OF THE CONVENTION
“NO MORE FAVORABLE TREATMENT” CLAUSE “SHIPS MUST NOT BE DISADVANTAGED BECAUSE THEIR FLAG STATE HAS RATIFIED THE CONVENTION” • INTENTION IS TO ENCOURAGE RATIFICATION BY ALL STATES • A RATIFYING PORT STATE MAY INSPECT THE WORKING AND LIVING CONDITIONS ON SHIPS OF A NON-RATIFYING FLAG STATE
“NO MORE FAVORABLE TREATMENT” CLAUSE • NO CERTIFICATES – NO PRIMA FACIE EVIDENCE TO REVIEW • PSC SUBMITS FINDINGS TO OTHER PSC AUTHORITIES AND TO THE ITF • DETENTION A DEFINITE POSSIBILITY
CONVENTION EXCLUSIONS • PENSION BENEFITS – SEAFARERS PENSION CONVENTION NO. 71 IN EFFECT • LEGAL JURISDICTION – SEAFARER CAN USE LEGAL SYSTEM OF FLAG STATE OR RESIDENCE, BUT NOT “SHOP” FOR GOOD LEGAL SYSTEM OF PORT STATE • CREW CLAIMS AND ABANDONMENT – JOINT IMO/ILO WORKING GROUP WILL CONTINUE TO DISCUSS
ENTRY INTO FORCE PROVISIONS • RATIFICATION BY 30 COUNTRIES WITH A TOTAL SHARE OF 33 PERCENT OF THE WORLD’S GROSS TONNAGE • EU REPRESENTS 25 COUNTRIES AND 27 PERCENT OF TONNAGE • ENTRY INTO FORCE EXPECTED WITHIN 35 YEARS
Скачать презентацию INTERTANKO LATIN AMERICAN PANEL INTERNATIONAL LABOR ORGANIZATION MARITIME
d7867ff273d7cf99c84dd1f75749bd6c.ppt