Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Standard A1.4
Recruitment and placement
1. Each Member that operates a public seafarer recruitment and
placement service shall ensure that the service is operated in an
orderly manner that protects and promotes seafarers` employment rights
as provided in this Convention.
2. Where a Member has private seafarer recruitment and placement
services operating in its territory whose primary purpose is the
recruitment and placement of seafarers or which recruit and place a
significant number of seafarers, they shall be operated only in
conformity with a standardized system of licensing or certification or
other form of regulation. This system shall be established, modified
or changed only after consultation with the shipowners` and seafarers`
organizations concerned. In the event of doubt as to whether this
Convention applies to a private recruitment and placement service, the
question shall be determined by the competent authority in each Member
after consultation with the shipowners` and seafarers` organizations
concerned. Undue proliferation of private seafarer recruitment and
placement services shall not be encouraged.
3. The provisions of paragraph 2 of this Standard shall also
apply - to the extent that they are determined by the competent
authority, in consultation with the shipowners` and seafarers`
organizations concerned, to be appropriate - in the context of
recruitment and placement services operated by a seafarers`
organization in the territory of the Member for the supply of
seafarers who are nationals of that Member to ships which fly its
flag. The services covered by this paragraph are those fulfilling the
following conditions:
(a) the recruitment and placement service is operated pursuant to
a collective bargaining agreement between that organization and a
shipowner;
(b) both the seafarers` organization and the shipowner are based
in the territory of the Member;
(c) The Member has national laws or regulations or a procedure to
authorize or register the collective bargaining agreement permitting
the operation of the recruitment and placement service; and
(d) the recruitment and placement service is operated in an
orderly manner and measures are in place to protect and promote
seafarers` employment rights comparable to those provided in paragraph
5 of this Standard.
4. Nothing in this Standard or Regulation 1.4 shall be deemed to:
(a) prevent a Member from maintaining a free public seafarer
recruitment and placement service for seafarers in the framework of a
policy to meet the needs of seafarers and shipowners, whether the
service forms part of or is coordinated with a public employment
service for all workers and employers; or
(b) impose on a Member the obligation to establish a system for
the operation of private seafarer recruitment or placement services in
its territory.
5. A Member adopting a system referred to in paragraph 2 of this
Standard shall, in its laws and regulations or other measures, at a
minimum:
(a) prohibit seafarer recruitment and placement services from
using means, mechanisms or lists intended to prevent or deter
seafarers from gaining employment for which they are qualified;
(b) require that no fees or other charges for seafarer
recruitment or placement or for providing employment to seafarers are
borne directly or indirectly, in whole or in part, by the seafarer,
other than the cost of the seafarer obtaining a national statutory
medical certificate, the national seafarer`s book and a passport or
other similar personal travel documents, not including, however, the
cost of visas, which shall be borne by the shipowner; and
(c) ensure that seafarer recruitment and placement services
operating in its territory:
(i) maintain an up-to-date register of all seafarers recruited or
placed through them, to be available for inspection by the competent
authority;
(ii) make sure that seafarers are informed of their rights and
duties under their employment agreements prior to or in the process of
engagement and that proper arrangements are made for seafarers to
examine their employment agreements before and after they are signed
and for them to receive a copy of the agreements;
(iii) verify that seafarers recruited or placed by them are
qualified and hold the documents necessary for the job concerned, and
that the seafarers` employment agreements are in accordance with
applicable laws and regulations and any collective bargaining
agreement that forms part of the employment agreement;
(iv) make sure, as far as practicable, that the shipowner has the
means to protect seafarers from being stranded in a foreign port;
(v) examine and respond to any complaint concerning their
activities and advise the competent authority of any unresolved
complaint;
(vi) establish a system of protection, by way of insurance or an
equivalent appropriate measure, to compensate seafarers for monetary
loss that they may incur as a result of the failure of a recruitment
and placement service or the relevant shipowner under the seafarers`
employment agreement to meet its obligations to them.
6. The competent authority shall closely supervise and control
all seafarer recruitment and placement services operating in the
territory of the Member concerned. Any licences or certificates or
similar authorizations for the operation of private services in the
territory are granted or renewed only after verification that the
seafarer recruitment and placement service concerned meets the
requirements of national laws and regulations.
7. The competent authority shall ensure that adequate machinery
and procedures exist for the investigation, if necessary, of
complaints concerning the activities of seafarer recruitment and
placement services, involving, as appropriate, representatives of
shipowners and seafarers.
8. Each Member which has ratified this Convention shall, in so
far as practicable, advise its nationals on the possible problems of
signing on a ship that flies the flag of a State which has not
ratified the Convention, until it is satisfied that standards
equivalent to those fixed by this Convention are being applied.
Measures taken to this effect by the Member that has ratified this
Convention shall not be in contradiction with the principle of free
movement of workers stipulated by the treaties to which the two States
concerned may be parties.
9. Each Member which has ratified this Convention shall require
that shipowners of ships that fly its flag, who use seafarer
recruitment and placement services based in countries or territories
in which this Convention does not apply, ensure, as far as
practicable, that those services meet the requirements of this
Standard.
10. Nothing in this Standard shall be understood as diminishing
the obligations and responsibilities of shipowners or of a Member with
respect to ships that fly its flag.
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Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".