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The Shipowners’ View. Tim Springett Head of Employment Chamber of Shipping. MLC Shipowner Training MCA, 2011. Why shipowners supported the MLC What it will mean in practice What shipowners need to do What concerns do shipowners have? How can these be overcome?
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The Shipowners’ View Tim Springett Head of Employment Chamber of Shipping MLC Shipowner Training MCA, 2011
Why shipowners supported the MLC • What it will mean in practice • What shipowners need to do • What concerns do shipowners have? • How can these be overcome? • How the Chamber of Shipping can help
A global level playing field • Protects good operators • “No more favourable treatment” clause • Likely to become charterers’ requirement
Visibility of ILO • Tripartite structure gives us greater influence • ILO now a key player in maritime sector
Seafarer’s Bill of Rights? • Seafarers’ obligations • Conditions of employment • Enforcement authorities’ rights • Shipowners’ rights!
Article IV Every seafarer has the right to: • a safe and secure workplace that complies with safety standards • fair terms of employment • decent working and living conditions on board ship • health protection, medical care, welfare measures and other forms of social protection
What it will mean in practice • For UK-flag operators - no major changes in standards • All seagoing ships – all seafarers • Flag states will adjudicate in borderline cases • Complying – and demonstrating compliance
What shipowners will need to do • Pick a ratifying flag state • Complete Declaration of Maritime Labour Compliance Part II based on contents of Part I • Set out procedures for ensuring and demonstrating ongoing compliance • Apply for any substantial equivalents/ exceptions that might be necessary
Demonstrating compliance • Make documentation clear and easy to follow • Enable inspectors to visit shore offices • Provide facilities on-board for crew members to be interviewed • Establish effective on-board complaint procedures
What documents will ships need to carry? • Copy of the Convention • Maritime Labour Certificate • Declaration of Maritime Labour Compliance • Seafarer Employment Agreements • On-board complaint procedures • ISM documentation
What concerns do shipowners have? • “Gold-plating” • Failure to utilise flexibility • Unclear instructions • Excessive bureaucracy • Over-zealous inspections • Unfounded complaints and wrongful detentions
How to overcome the difficulties • Remember the joint ownership of MLC • Alert MCA to problems • Take action early • Aim is to guarantee minimum standards
How the Chamber can help We were there!
How the Chamber can help • Involved in MCA Tripartite Working Group on UK Implementation • Involved in training for surveyors • Providing regular information for members individually and collectively • Representations to MCA
Conclusion • Guarantor of decent work for seafarers • Not a stick for beating good operators • If it works well – everybody can benefit