Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Guideline B1.4
Recruitment and placement
Guideline B1.4.1 - Organizational and operational guidelines
1. When fulfilling its obligations under Standard A1.4, paragraph
1, the competent authority should consider:
(a) taking the necessary measures to promote effective
cooperation among seafarer recruitment and placement services, whether
public or private;
(b) the needs of the maritime industry at both the national and
international levels, when developing training programmes for
seafarers that form the part of the ship`s crew that is responsible
for the ship`s safe navigation and pollution prevention operations,
with the participation of shipowners, seafarers and the relevant
training institutions;
(c) making suitable arrangements for the cooperation of
representative shipowners` and seafarers` organizations in the
organization and operation of the public seafarer recruitment and
placement services, where they exist;
(d) determining, with due regard to the right to privacy and the
need to protect confidentiality, the conditions under which seafarers`
personal data may be processed by seafarer recruitment and placement
services, including the collection, storage, combination and
communication of such data to third parties;
(e) maintaining an arrangement for the collection and analysis of
all relevant information on the maritime labour market, including the
current and prospective supply of seafarers that work as crew
classified by age, sex, rank and qualifications, and the industry`s
requirements, the collection of data on age or sex being admissible
only for statistical purposes or if used in the framework of a
programme to prevent discrimination based on age or sex;
(f) ensuring that the staff responsible for the supervision of
public and private seafarer recruitment and placement services for
ship`s crew with responsibility for the ship`s safe navigation and
pollution prevention operations have had adequate training, including
approved sea-service experience, and have relevant knowledge of the
maritime industry, including the relevant maritime international
instruments on training, certification and labour standards;
(g) prescribing operational standards and adopting codes of
conduct and ethical practices for seafarer recruitment and placement
services; and
(h) exercising supervision of the licensing or certification
system on the basis of a system of quality standards.
2. In establishing the system referred to in Standard A1.4,
paragraph 2, each Member should consider requiring seafarer
recruitment and placement services, established in its territory, to
develop and maintain verifiable operational practices. These
operational practices for private seafarer recruitment and placement
services and, to the extent that they are applicable, for public
seafarer recruitment and placement services should address the
following matters:
(a) medical examinations, seafarers` identity documents and such
other items as may be required for the seafarer to gain employment;
(b) maintaining, with due regard to the right to privacy and the
need to protect confidentiality, full and complete records of the
seafarers covered by their recruitment and placement system, which
should include but not be limited to:
(i) the seafarers` qualifications;
(ii) record of employment;
(iii) personal data relevant to employment; and
(iv) medical data relevant to employment;
(c) maintaining up-to-date lists of the ships for which the
seafarer recruitment and placement services provide seafarers and
ensuring that there is a means by which the services can be contacted
in an emergency at all hours;
(d) procedures to ensure that seafarers are not subject to
exploitation by the seafarer recruitment and placement services or
their personnel with regard to the offer of engagement on particular
ships or by particular companies;
(e) procedures to prevent the opportunities for exploitation of
seafarers arising from the issue of joining advances or any other
financial transaction between the shipowner and the seafarers which
are handled by the seafarer recruitment and placement services;
(f) clearly publicizing costs, if any, which the seafarer will be
expected to bear in the recruitment process;
(g) ensuring that seafarers are advised of any particular
conditions applicable to the job for which they are to be engaged and
of the particular shipowner`s policies relating to their employment;
(h) procedures which are in accordance with the principles of
natural justice for dealing with cases of incompetence or indiscipline
consistent with national laws and practice and, where applicable, with
collective agreements;
(i) procedures to ensure, as far as practicable, that all
mandatory certificates and documents submitted for employment are up
to date and have not been fraudulently obtained and that employment
references are verified;
(j) procedures to ensure that requests for information or advice
by families of seafarers while the seafarers are at sea are dealt with
promptly and sympathetically and at no cost; and
(k) verifying that labour conditions on ships where seafarers are
placed are in conformity with applicable collective bargaining
agreements concluded between a shipowner and a representative
seafarers` organization and, as a matter of policy, supplying
seafarers only to shipowners that offer terms and conditions of
employment to seafarers which comply with applicable laws or
regulations or collective agreements.
3. Consideration should be given to encouraging international
cooperation between Members and relevant organizations, such as:
(a) the systematic exchange of information on the maritime
industry and labour market on a bilateral, regional and multilateral
basis;
(b) the exchange of information on maritime labour legislation;
(c) the harmonization of policies, working methods and
legislation governing recruitment and placement of seafarers;
(d) the improvement of procedures and conditions for the
international recruitment and placement of seafarers; and
(e) workforce planning, taking account of the supply of and
demand for seafarers and the requirements of the maritime industry.
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Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".