Regulation 5.3 - Member State Responsibilities Pertaining to Seafarer Recruitment, Placement & Social Protection
MLC 2006 Regulation 5.3 deals with Labour-supplying responsibilities of member states. Every member state ensure that each Member implements its responsibilities under this Convention as pertaining to seafarer recruitment and placement and the social protection of its seafarers.
The global maritime recruitment and placement system is an essential part of the global maritime labour market. Manning agencies and crewing companies, either as subsidiaries of ship management companies, or as independent entities, have the main responsibility of selecting and recruiting seafarers.
States that sign up to this Convention may have responsibilities on three counts, firstly as a flag State, secondly as a port State and thirdly as the State from which the seafarer comes. Labour-supply States have to make sure that recruitment and placement services through which the labour is contracted are properly regulated.
YOU MAY ALSO CHECK:
- MLC 2006 Online Courses for Ashore Personnel, Ratings and Officers
- ISM-ISPC-MLC Internal Auditor Course Online
- Ship’s Cook Online Certification (MLC 2006)
- STCW Guide for Seafarers (Requirements & Certifications)
- STCW Code (IMO STCW Code)
Title 4. Compliance and Enforcement
Regulation 5.3; Code Standard A5.3 and Guideline B5.3
Regulation 5.3 - Labour-Supplying Responsibilities
Purpose: To ensure that each Member implements its responsibilities under this Convention as pertaining to seafarer recruitment and placement and the social protection of its seafarers
- Without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of this Convention regarding the recruitment and placement of seafarers as well as the social Security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Convention.
- Detailed requirements for the implementation of paragraph 1 of this Regulation are found in the Code.
- Each Member shall establish an effective inspection and monitoring system for enforcing its labour-supplying responsibilities under this Convention.
- Information about the system referred to in paragraph 3 of this Regulation, including the method used for assessing its effectiveness, shall be included in the Member’s reports pursuant to article 22 of the Constitution.
Standard A5.3 - Labour-Supplying Responsibilities
- Each Member shall enforce the requirements of this Convention applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in Standard A1.4.
Guideline B5.3 - Labour-Supplying Responsibilities
- Private seafarer recruitment and placement services established in the Member’s territory and securing the services of a seafarer for a shipowner, wherever located, should be required to assume obligations to ensure the proper fulfilment by shipowners of the terms of their employment agreements concluded with seafarers.
Disclaimer: For general information purpose only - please check with ILO MLC 2006 for the latest requirements and accurate info
LAST UPDATED ON Aug 11, 2021