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INDEX

Maritime Labour Convention 2006

INDEX INDEX accommodation communication facilities 62 hospital accommodation 62 Malta 43 noise 43, 61–2 religious accommodation 62 requirements of accommodation 61–2 yachts, on 88–93 age minimum age for seafarers 31–2 , 54, 185 young seafarers (16–18), additional protection for 32, 54 American Yacht Charter Association (AYCA) Vessel Services Agreement 84–5 Atkinson, Neil 215–37 Carlton, Julie 215–37 Cayman Islands 135 Chamber of Shipping, UK 72–3 choice of law see Rome I; Rome II compensation see wages and compensation complaints procedures 55 on board complaint procedures 43–4 , 67, 93–4 , 173–5 impartial advice, provision of 174 procedure 174 purpose of procedures 173 subject matter of complaint 173 superyachts 94 victimization of complainant penalised 94, 174–5 onshore complaint procedures 43–4 , 175–6 complaints of a general and individual nature 175 rectifying non-conformities 176 safeguarding confidentiality 175 subject matter of complaint 175 unresolved complaints 176 self-enforcement procedures, as 172–6 concept of continuity of ‘compliance awareness’ 172 Court of Justice of the European Union (CJEU) AETR agreement as part of Community law 9–10 consistent interpretation, principle of 10–11 Council decision to authorize ratification, effects of 11 ‘course of trade’, meaning of 70 duty of loyal cooperation Member States unable to assume o bligations interfering with EU rules 8 principle of uniform external representation, and 5 restrictions on treaty making powers of Member States 5, 8 employment contracts 191–4 , 203 EU competence exercised through Member States acting in EU’s interests 5 guided by duty of loyal cooperation 5–6 EU measures covering subject matter of international agreement, effect of 4 implementation, principle of, 10 implied external powers, doctrine of 3 MLC in EU legal order, status and effects of 11–12 , 17 obligations to ratify 6 proportionality, principle of 13, 14 central element of EU law and practice 14 subsidiarity principle, judicial function of 13–14 crew see seafarers crewing insurance under the MLC 95–116 applicable law and jurisdiction 102 foundering 112–13 health protection 110–12 insolvent insureds 109 insurable interest 100–1 joint or composite policies 101–2 jurisdiction in matters relating to insurance 105–8 legal framework and character of the policy 98–100 MLC insurance, and 95–6 precursors of MLC 111 repatriation 108–10 rights of seafarers to claim directly under the policy in the UK 113–15 third party rights, overview 113 third party rights, 2010 Act on 115 risks policy should cover 108 Rome I and II and the employment contract 102–3 Rome I and II and the insurance policy 103–5 Rome I 104 Rome II 104–5 seafarers, definition of 97–9 what type of insurance employer’s liability insurance 99–100 liability policies 100 marine insurance contracts 99 who is the insured 97 who is the insurer 96–7 disputes, jurisdiction in see jurisdiction and governing law in SEA disputes, determining Doumbia-Henry, Dr Cleopatra 152 employment conditions of seafarers 26–30 accommodation see accommodation clear information available as to conditions of employment 30 complaints procedures see complaints procedures engaging and placing crew 25–6 fees and charges to seafarers prohibited 26 health and safety protection see under health masters, engagement of see under shipmasters and the MLC masters’ responsibilities see under shipmasters and the MLC medical care see under health minimum hours of rest/hours of work 34, 35, 57, 59, 85–8 , 185 provisions, food and water 42–3 record keeping for each seafarer 32, 55–7 recreational facilities 62 repatriation see repatriation safe manning levels see manning SEA see Seafarers’ Employment Agreement (SEA) shipboard working arrangements to be posted 32 social security protection 110, 178 termination 36–8 training and qualifications 33–4 , 54, 60, 83–5 wages see wages and compensation employment contracts 188 disputes, SEA see jurisdiction and governing law in SEA disputes, determining Rome I 102–3 , 201 Rome II 102–3 SEA see Seafarers’ Employment Agreement (SEA) enforcement procedures of the MLC 151–80 , 234–5 authorization of recognized organizations by competent authority 156–7 , 159–60 assessing competency and independence of organizations 159–60 written agreement with the competent authority 160 competent authority 155–9 authorizing institutions to carry out inspections/issue certificates 156–7 , 159–60 existing provisions amalgamated 154 on board complaint procedures 158 promoting effective cooperation between institutions and other bodies 157 qualified inspectors, appointing 157–8 reporting on inspection activities 158–9 states designating 155–6 flag state enforcement 155–9 competent authority 155–9 DMLCs see Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC) establishing system for securing compliance 153–4 inspections 165–9 legal foundation of compliance and e nforcement 153 Member States obligation to enforce MLC provisions 153 inspections by flag state 165–9 complaint investigation 166 inspectors’ guidelines 166 inspectors’ training and experience 166–7 powers of inspectors 167–8 records and reports of inspections 168–9 rectification of deficiencies 168 requirement for regular inspections 165–6 role of inspectors 167 labour-supplying responsibilities 176–9 , 235 recruitment and placement services 176–8 shipowners’ social security obligations 178 ‘no more favourable treatment’ clause 153–4 , 235 port State enforcement 169–72 , 222 detailed inspections 170–1 port State inspections 153–4 , 169–70 , 233–4 rectification of deficiencies 171–2 self-enforcement procedures 172–6 on board complaint procedures 173–5 onshore complaint procedures 175–6 engaging crew 25–6 see also employment conditions of seafarers European Community Shipowners’ Associations (ECSA) 13, 135 European Transport Workers’ Federation (ETF) 13, 135 European Union (EU) agreements 2 mixed 2, 7–9 choice of law see Rome I; Rome II CJEU see Court of Justice of the European Union (CJEU) competences EU competence exercised through Member States acting in EU’s interests 5 exclusive competences 2–3 , 5, 9 implied exclusive external powers 3 Member States free to exercise joint c ompetence if EU exercised 2–3 MLC 2 obligations to ratify 6 shared competences 2–3 , 5 Council decisions, nature of 6 disputes, SEA see jurisdiction and governing law in SEA disputes, determining duty of loyal cooperation 4–5 Member States acting in EU’s interests 5, 7–8 nature of 4 responsibility towards the EU 7 responsibility towards third States 7 restrictions on treaty making powers of Member States 5 employment contracts 188 equality and non-discrimination as f undamental principle 11 EU Charter of Fundamental Rights (EUCFR) 11–12 ILO standards influencing 11 freedom of movement and services 2, 3 ILO, role in observer, presence as 5–6 unable to be a Contracting party 1, 6 IMO conventions, ratifying 9 implied external powers, doctrine of 3 minimum standards 4 insurance applicable law and jurisdiction 102 insurance under the MLC 99 Jurisdiction Regulation 105–8 Rome I and II 103–5 intellectual property and copyright 10 internal consultation processes between EU and Member States 5 Jurisdiction Regulation see Jurisdiction Regulation maritime labour, regulation of 3 coinciding with/based on ILO standards 3 duty of abstention 4 minimum standards 3–4 Member States acting jointly in interest of the Union 5–11 , 135, 236 encouraging or authorizing ratification, choice between 9 Member States authorized to ratify agreements in interests of the EU 6 Member States unable to bind Union under international law 6 obligation to ratify, criteria determining 6 obligation to ratify, justification for 7 ratification by Member States, effects of 7–8 , 11 ratified agreement part of EU legal order 8–9 , 11 MLC, in see Maritime Labour Convention in the EU proportionality, principle of 13–14 recreational craft 72 ‘sheltered waters’ meaning of 71–2 social policy 12–13 representative democracy and participation in social field 12–13 social partners, consultation with 13 social security coordination of social security schemes 2 ensuring social security systems not obstacle to free movement of workers 2 non-EU nationals legally residing in an EU country 2 rights of EU nationals 2 seafarers see under seafarers social rights/objectives 3 maritime sector excluded 3 subsidiarity, principle of 13–14 uniform external representation, principle of 5 foundering or loss compensation for loss or foundering 59, 131 masters and seafarers’ entitlement to 59, 131, 143 piracy, as a result of 143–5 insurance 113 loss of a vessel meaning of 113, 143 piracy, as a result of 143–4 ransom, inability to pay 144 France 106 Germany 105–6 governing law, SEA see jurisdiction and governing law in SEA disputes, determining Greece 135 health health and safety protection 110–12 accident prevention 65 death or long term disability 111 occupational safety and health 65 hospital accommodation 62 medical care 63–6 , 110, 145–8 aboard and off-shore 64–5 capture by pirates, after see under modern piracy and seafarers concealed illnesses 112 dependents’ medical care 65 EU legislation 4 injury or sickness due to misconduct 112 master’s duties 64 medical advice by radio/satellite 65 on board physicians 65 repatriation, until after 145 shipowner liable until seafarer fit to travel 143 shipowner’s obligations 145–7 wages payable during periods of sickness and injury 146–7 medical certificates and examinations 32–3 , 54 medical stores 40–2 increased seafarer protection under the MLC see under seafarers industrial action 198–9 , 206–8 insurance abandonment see seafarer abandonment insurance crewing insurance see crewing insurance under the MLC kidnap and ransom insurance 141 International Chamber of Commerce 138 International Council of Marine Industry A ssociations (ICOMIA) 90 International Group of P&I Clubs 110, 122, 124 International Labour Conference 74, 75, 152 International Labour Office 73, 75 International Labour Organization (ILO) 47, 222 EU observer, presence as 5–6 unable to be a Contracting party 1, 6 ILO/IMO Expert Working Group on seafarer abandonment 119–20 ILO/WHO guidelines on medical fitness examinations 33 instruments adopted 21 international supervisory system 154–5 Joint Maritime Commission 57, 73 Malta 19 MLC adopted 21 Office 154 recommendations consolidated by MLC 1, 47 resolutions 75 seafarers’ working times 4 International Maritime Bureau (IMB) 138 International Maritime Organisation (IMO) 7 abandonment ILO/IMO Expert Working Group on seafarer abandonment 119–20 IMO Resolution A. 930(22) 120–1 , 124–6 Guidelines on authorizing organizations 156 inspection and certification regimes 219 maritime safety conventions 9 training requirements 84 International Seafarers’ Welfare and Assistance Network (ISWAN) 73 Joint Maritime Commission 57, 73 jurisdiction and governing law in SEA disputes, determining 181–213 choice of law/governing law 200–12 contractual obligation under Rome I 182, 201 freedom of choice 201, 211–12 individual employment contracts 201–4 industrial action under Rome II 206–8 non-contractual obligations under Rome II, 182, 204–5 pre-contractual dealings ( culpa in contrahendo ) 208–10 tort 205–6 industrial action 198–9 , 206–8 jurisdiction/Jurisdiction Regulation 182, 189–200 Arts 22 and 23, jurisdiction under 196–8 contracts of employment, matters relating to 190–1 general rule 189 industrial action 198–9 insurance 105–8 jurisdiction agreements (Art 21) 196 prorogation of jurisdiction 199–200 seafarer v shipowner in SEA disputes 192–5 shipowner v seafarer in SEA disputes 195–6 recruitment services as employers 186–7 seafarers as employees 184–5 seafarers’ employment agreements as individual contracts of employment 188–9 shipowners as employers 185–6 terms of art 183–9 Jurisdiction Regulation 182, 189–200 Arts 22 and 23, jurisdiction under 196–8 contracts of employment, matters relating to 190–1 general rule 189 industrial action 198–9 insurance 105–8 jurisdiction agreements 196 prorogation of jurisdiction 199–200 SEA disputes seafarer v shipowner 192–5 shipowner v seafarer 195–6 leave justified absences 36 leave, entitlement to 35–6 paid leave 58 shore leave 66 Liberia 135 Lloyd’s of London 99 abandonment insurance 132–3 definition of ‘sheltered waters’ 71 reserves 100 loss or foundering see foundering or loss Malta 19–45 applicability of 1973 Act and of 2013 Rules 22–4 aim of Rules 23 applying to all sea-going registered ships 22 exemptions/exclusions 22–3 Guidelines 23 interpretation and ambiguities 23–4 agreements with seafarers, content of 30–1 parties agreeing own lawful terms and conditions 30 requirements 30–1 seafarer’s details/terms of employment 30 signing the SEA 30 voyage duration 31 wages and hours of work 35 employment of seafarers, conditions of 26–30 Agreement with the Crew 26–30 , 38–9 current rules on engagement and duties of masters 29 current rules on engagement of seafarers 26–7 historic treatment of masters 29 increased burden on shipowners and m asters 30 master’s engagement and responsibility 29–30 masters/shipowners’ obligations in respect of the SEA 28 SEA 27–30 ILO conventions, ratification of 19, 24 ratification and transposition of MLC 19, 21, 22, 24 MLC Maltese law, and 21–2 material changes brought in by the MLC 24–5 overview of Maltese shipping legislative f ramework 20–1 seafarers accommodation 43 additional protection for seafarers between 16 and 18 years 31–2 , 42 agreements with seafarers, content of 30–1 complaints procedures, on-shore and on-board 43–4 employment of seafarers, conditions of 26–30 engaging and placing crew 25–6 employment agencies 25 justified absences 36 leave entitlement 35–6 medical certificates and examinations 32–3 medical stores 40–2 minimum age for seafarers 31–2 minimum hours of rest 34 minimum wage and overtime 34–5 protection of seafarers’ employment rights 26 provisions and water 42–3 record of seafarers’ daily hours of rest to be maintained 32 repatriation 38–40 shipboard working arrangements to be posted 32 termination 36–8 training and qualifications 33–4 shipping registry 19 successful and reputable flag of choice 19 manning 81–5 competent authority, role of 59, 81 duty of masters 60 duty of owners or managers 60 matters to be taken into account in d etermining safe levels 59, 81–5 safe manning levels manning 59, 81–5 seafarer fatigue 59–60 , 81 yachts 82–5 manning agents 127–8 Maritime and Coastguard Agency (MCA) establishment 215 functions 215 implementing the MLC 71, 215, 222–34 ship inspections 229–34 MLC provisions application of MLC 71 complaint procedures 94 crew accommodation 88–93 , 225 financial security 109 guidance on 218, 232 hours of work and rest 85–7 manning 81–5 national law covering most MLC minimum standards 185, 218, 223 on board complaints procedure 94 SEAs 79–80 ‘shipowner’, definition of 76–8 training and qualification requirements 84 yachts 90–1 , 225, 229 negotiations leading to adoption of MLC, involvement in 216 ratification of MLC advantages 217 legal status quo , effect on 222 preparing for 135, 215–7 Maritime Labour Certificate and Declaration of Maritime Labour Compliance (DMLC) 48, 76, 153, 160–5 , 232–4 cease and withdrawal of certificates 165 databases 234 duration and renewal 162 financial security, proof of 112 form and content 163–4 fraudulent certificates 233–4 inspecting and certifying ships 153, 155 interim certification 162–3 ships required to carry 160 ships requiring certification 161 working and living conditions of seafarers to be inspected 161 Maritime Labour Conference 220 Maritime Labour Convention (MLC) 1, 3 amending 222 consolidating previous instruments 1, 121, 151, 218–9 drafting 152 enforcement procedures see enforcement p rocedures of the MLC EU see Maritime Labour Convention in the EU future 134 human rights 42 insurance see insurance ISM Code, and 227–8 objectives 47, 121–2 , 151–2 ratification and implementation 134–6 rights of seafarers, masters and owners 47–8 see also seafarers; shipmasters; shipowners ships and vessels application of MLC to 69–70 ‘competent authority’ 72–3 definition of ‘ship’ 70–1 determining whether particular ship/class of vessels covered 72 inland or sheltered waters 71–2 yachts 69–72 see also yachting and the MLC transparency and fairness, introduction of concepts of 30 underlying purpose of MLC 21 yachting see yachting and the MLC Maritime Labour Convention in the EU 1–17 disputes, SEA see jurisdiction and governing law in SEA disputes, determining EU ensuring coordinated position of Member States in MLC negotiations 1, 5–6 EU and Member States competences in areas covered by the MLC 2–5 duty of loyal cooperation 4–5 EU’s exclusive competence limited to social security schemes 2, 6, 7 importance of coordination at all stages 5 MLC covering issues on which EU has provided minimum standards 4, 6 shared competences in social rights 2, 3, 6 EU Member States acting jointly in interest of the Union 5–11 , 135, 236 Member States bound by duty of c ooperation to act in EU’s interests 8 Member States ratifying in interests of the Community 6 Member States unable to support a mendments without EU agreement 8 obligation to ratify, criteria determining 6–7 ratification by Member States, effects of 7–8 , 11 ratified agreement part of EU legal order 8–9 , 11 MLC in the EU legal order, status and effects of 11–12 , 17, 135 transposition into EU law: Directive 2009/13/EC (Titles 1 to 4 MLC) 12–17 , 40, 135, 236 consultation with social partners 13 ECSA-ETF Agreement on the MLC 13, 135 enforcement: proposed Directives on port and flag State responsibilities under Title 5, MLC 14–17 , 21–2 Member States to enact provisions to comply with Directive 22 masters see shipmasters medical care see under health modern piracy and seafarers 137–50 compensation of seafarers for loss or f oundering 143–6 compensation for ill-effects of capture 144, 145 meaning of loss of a vessel 143–4 ransom, inability to pay 144 medical care aboard and ashore 145–8 medical expenses for injury until after r epatriation 145–6 mental health 145–7 wages payable during periods of sickness and injury 146–7 ransom payments crews, for 137–9 economic sanctions preventing payment 144 inability to pay 138, 144 insurance for 141 repatriation of seafarers 140–3 compensation for working in high risk areas 142 costs of repatriation 142 entitlement to repatriation 141–2 seafarer no longer able to carry out duties 140–1 shipowner’s failure to meet obligations 141 right to repatriation after contract of employment has expired 140 war zones 142 seafarers’ wages 138–40 , 148 contracts of employment expiring during captivity 139–40 fair treatment, requirement of 139 repatriation 142 whether due after capture 138–9 Somali piracy, problems growing from 137–8 crew ransoms 137–8 MYBA 73, 90 Worldwide Yachting Association Charter A greement 70, 77, 83–4 , 88 Nautilus International 73 Norway 135 owners see shipowners P&I clubs 122–4 Panama 135 Philippines 134 piracy see modern piracy and seafarers Plimsoll, Samuel 50 Professional Yachtsmen’s Association (PYA) 73, 90 provisions, food and water 42, 63 ransom payments see under modern piracy and seafarers record keeping for each seafarer 32, 55, 56, 57 recreational facilities 62 recruitment agencies 25–6 , 54–3 , 176–8 , 222 recruitment services as employers 186–7 repatriation 55, 140–3 , 148–9 capture by pirates, after 140–3 compensation for working in high risk areas 142 costs of repatriation 142 entitlement to repatriation 141–2 medical expenses for injury until r epatriation 145 seafarer no longer able to carry out duties 140–1 shipowner’s failure to meet obligations 141 right to repatriation after contract of employment has expired 140 war zones 142 costs of 125–6 , 142, 145 destinations for repatriation 58 entitlement to repatriation at owner’s expense 38–9 , 58, 108–9 , 125–6 , 141–2 expiry of contract of employment, right to repatriation after 140 insurance for 108–10 , 125–6 loss of entitlement to repatriation at owner’s expense 40 medical expenses for injury until after r epatriation 145 seafarer no longer able to carry out duties 140–3 shipowners failure to meet obligations 40, 109, 141 financial security provision 39, 58, 95–6 , 98, 108–11 , 120, 125–6 see also insurance third party effecting repatriation 40, 58, 141 wages payable until repatriation 125, 142, 146 Rome I application 201 employment contracts 102–3 , 201–4 insurance policies 104, 201 parties’ freedom to choose applicable law 202 scope 201 Rome II application 204 general rule 205 industrial action 206–8 insurance policies 104–5 non-contractual obligations, concept of 204–5 pre-contractual dealings ( culpa in contrahendo ) 208–10 scope 205 tort 205–6 Royal Yachting Association (UK) 73 Russia 134 seafarer abandonment insurance 117–36 abandonment, consequences to crew of 117–18 covered losses 125–8 seafarers’ repatriation rights 125–6 burden of providing financial security 127–8 evidence of cover 125 example insurance solution: CrewSEACURE 129–33 historical perspective 118–19 case study: Adriatic tankers 118–19 ILO/IMO Expert Working Group on seafarer abandonment 119–20 , 122 IMO resolution A. 930(22) 120–1 , 124–6 insurance solution 122–5 conclusion 133–4 difficulties for P&I clubs in providing f inancial security to crew 122–4 pre-requisites for insurance solution within MLC framework 124–5 trigger 124–5 Lloyd’s of London, solution in 132–3 MLC future 134 objectives 121–2 ratification and implementation 134–6 other considerations 128–9 seafarers employees, as 184 EU legislation 6, 12 medical care on board ships 4 occupational health and safety 4 social partners’ agreement on seafarers’ working times 4, 12, 14 social rights 2 increased protection for seafarers under MLC 26 accommodation see accommodation clear information available as to conditions of employment 30 communication facilities on board 65 compensation for loss or foundering 59, 113, 143–5 complaints procedures see complaints procedures conditions of employment of crew 26–30 consular protection 66 death or long term disability, financial s ecurity for 111–12 engaging and placing crew 25–6 health and safety protection see under health hospital accommodation 62 fees and charges to seafarers prohibited 26 justified absences 36 leave see leave master placed at par with other seafarers 30, 50, 53 medical care see under health medical certificates and examinations 32–3 , 54 medical stores 40–2 minimum age for seafarers 31–2 , 54, 185 minimum hours of rest/hours of work 34–5 , 57, 59, 85–7 , 185 minimum wage and overtime 34–5 , 56–7 more efficient, adequate, accountable s ystem for finding employment 26 noise 43, 61–2 personal safety 85 provisions, food and water 42, 63 record keeping for each seafarer 32, 55–7 recreational facilities 62 recruitment/recruitment agencies, system for 25–6 , 54–5 , 176–8 , 222 religious accommodation 62 repatriation see repatriation safe manning levels see manning SEA see Seafarers’ Employment Agreement (SEA) shipboard working arrangements to be posted 32 social security and welfare protection 110, 110–11 , 178 termination 36–8 training and qualifications 33–4 , 54, 60, 83–5 wages see wages and compensation welfare facilities, shore-based 66 yachting see yachting and the MLC young seafarers (16–18), additional p rotection for 31–2 , 42, 54 insurance see insurance manning see manning masters see shipmasters and the MLC meaning of ‘seafarer’ 73–5 , 97–8 , 184–5 , 220–1 determining whether a person is a seafarer for MLC purposes 74–5 excluding persons from definition of s eafarer 74–5 , 221 guidance on application of definition of seafarer 74–5 notifying determinations of definition 75 personnel covered 73–4 wide definition 98 piracy, and see modern piracy and seafarers SEA see Seafarers’ Employment Agreement (SEA) yachting see yachting and the MLC Seafarers’ Employment Agreement (SEA) 20, 27–30 bespoke SEAs for commercial yachting 80 contents of the agreements 30–1 , 78 deficiencies in SEA, shipowner responsible for 29 definition 27–8 , 188 disputes arising see jurisdiction and governing law in SEA disputes, determining duty to ensure seafarer understands the SEA 29–30 harmonization of minimum standards 28 hours of work and wages 35 including contract of employment and ship’s articles of agreement 27, 28 individual contracts of employment, and 188 masters, engaging 29 master’s responsibility to ensure SEA signed with seafarer 29–30 minimum SEA in MLC 28 parties agreeing own lawful terms and c onditions 30 repatriation after expiry/termination of SEA 39 requirements 28 responsibility on shipowners for working c onditions of seafarers 28 right not to be discriminated against 78 seafarer’s details/terms of employment 31 shipowner, identification of 76 signing the SEA 30 termination provisions 37 time to examine the SEA 80 voyage duration 31 Seafarers International Research Centre (SIRC) 84 shipmasters and the MLC 47–68 accommodations, recreational facilities and catering (Title 3) 61–3 accommodation requirements 61–2 communication facilities 62 food and catering 63 hospital accommodation 62 inspection for compliance 62 noise 61–2 recreational facilities 62 religious accommodation 62 competence of master 84–5 local knowledge 85 conditions of employment (Title 2) 55–60 compensation for loss or foundering 59 hours of work and rest 57, 59, 87 paid leave 58 record-keeping 56–7 repatriation 58–9 safe manning levels 59–60 training and development opportunities 60 wage administration 56–7 written employment agreements 56 consolidating primacy and protection of master in command 48 importance of masters 49 duties of masters 50–3 accommodations, recreational facilities and catering (Title 3) 61–3 compliance and enforcement (Title 5) 66–8 conditions of employment (Title 2) 55–60 health protection, medical care, welfare, and social security (Title 4) 63–6 minimum requirements for seafarers to work on a ship (Title 1) 54–5 health protection, medical care, welfare, and social security (Title 4) 63–6 consular protection 66 health and safety protection 65–6 medical care 64–5 shore-based welfare facilities 66 shore leave 66 licence or certificate, requirement of 52, 66 master’s engagement and responsibility 29–30 , 67 Competent Authority Afloat, master as 51–3 , 55 decisions, right to make 52–3 duties, nature of 50–3 enforcing rights/performing duties under flag State law 50–3 express and implied rights and duties 50, 53 international maritime law affecting the master 51 legal responsibilities of master, general 48 ministerial authority afloat 53 position of masters historically 50 relationship with flag State and with owner 50–3 , 57, 67 rights and duties as a seafarer 30, 50, 52 safety of the vessel, maintaining 52 minimum requirements for seafarers to work on a ship (Title 1) 54–5 complaint system 55 medical requirements 54 preservation of life 54, 61 record keeping 55–7 recruitment and placement 54–5 training and qualifications 54 underage labour 54 SEAs ensuring SEA signed with seafarer 29–30 increased burden from 30 obligations in respect of 28–30 shipowners, and 29, 42 shipowners benefits from MLC 219–22 definition of ‘shipowner’ 76–8 , 185–6 yacht owners 77–8 employers, as 185–6 insurance see insurance masters, and 29, 41, 67 appointing suitable masters 84–5 masters as employees-at-will 50, 51 SEAs disputes see jurisdiction and governing law in SEA disputes, determining increased burden from 30 obligations in respect of 28 seafarers, and health protection 110 hours of work and rest 87–8 manning levels, duty to ensure safe 60 medical examinations of seafarers 33 medical stores 40 provisions and water 42–3 repatriation see repatriation responsibility on shipowners for working conditions 28 social security protection obligations 178 termination of crew 28, 36–8 training and qualifications of seafarers, responsibilities for 33–4 upholding seafarers’ rights 219 verifying age of seafarers 32 social security and welfare protection 110–12 EU 2 shipowners’ obligations 178 Somali piracy see under modern piracy and seafarers Superyacht Builders Association (SYBAss) 90 Superyacht UK 73 superyachts see yachting and the MLC United Kingdom Chamber of Shipping 72–3 commercial activities, meaning of 70 ILO Conventions, ratified 217 MLC see under Maritime and Coastguard Agency (MCA) ‘inland waters’, definition of 71 insurance direct actions only where insured insolvent 105 foundering 112–13 insolvent insureds 109–10 insurable interest 100–1 insurers 96–7 joint or composite policies 101–2 jurisdiction 105–8 legal framework 98 marine insurance contracts 99 rights of seafarers to claim directly under the policy 113–15 third party rights, overview 113–15 third party rights, 2010 Act on 113–14 jurisdiction in matters relating to individual contracts of employment 189–90 labour-supplying States, as 236 MCA see Maritime and Coastguard Agency (MCA) piracy causing loss of a ship 143–4 ‘pleasure vessel’, definition of 70 risk assessments and safety policies 83 ‘sheltered waters’ meaning of 72 ‘shipowner’, meaning of 76–7 ‘yachts’, meaning of 71 United States MLC ratification 135 ransom payments 144 wages and compensation 220 compensation for ill-effects of capture 144, 145 compensation for loss or foundering 59, 113 masters and seafarers’ entitlement to 59, 113, 143 piracy, as a result of 143–5 compensation for working in high risk areas 142 minimum wages and overtime 34–5 , 56–7 paid leave 58 pirates, capture of seafarers by 138–40 , 148–9 contracts of employment expiring during captivity 139–40 fair treatment, requirement of 139 repatriation 142, 145 whether wages due after capture 138–9 repatriation, wages payable until 125, 142, 145 sickness and injury, during periods of 146–7 wage administration 56–7 yachting and the MLC 69–94 complaint procedure 93–4 crew accommodation 88–93 cabin sizes 89–93 day rooms 89–90 impact of requirements 90–1 employment 78–81 bespoke SEAs for commercial yachting 80 particulars in SEA 78 right not to be discriminated against 78 time to examine the SEA 80–1 hours of work and rest 85–8 commercial yachts 87–8 duties of seafarer 87 reasonably practical steps required 87 manning 81–5 competent authority, role of 59, 81 duty of masters 60 duty of owners or managers 60 matters to be taken into account in determining safe levels 59–60 , 81–3 seafarer fatigue 59, 81 yachts 82–5 MLC application to yachts 69–72 ‘ship’, definition of 70–1 ‘pleasure vessel’, UK definition of 70 professional bodies for yachting 72–3 seafarers 73–5 determining whether a person is a seafarer for MLC purposes 74–5 excluding persons from definition of seafarer 74–5 guidance on application of definition of seafarer 74 notifying determinations of definition 75 personnel covered 73–4 shipowners 76–8 ‘shipowner’, meaning of 76–7 yacht owners 77–8

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