No. 6 of 2013 - UPDATE ON THE IMPLEMENTATION OF THE MARITIME LABOUR CONVENTION 2006 (MLC)

No.6 of 2013 - UPDATE ON THE IMPLEMENTATION OF THE MARITIME LABOUR CONVENTION 2006 (MLC)

Published 04 Apr 2013

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• [Shipping Circulars](https://www.mpa.gov.sg/media-centre?type=Shipping+Circulars)

MARITIME AND PORT AUTHORITY OF SINGAPORE

SHIPPING CIRCULAR TO SHIPOWNERS

NO. 6 OF 2013

MPA Shipping Division

460 Alexandra Road

#21-00, PSA Building

Singapore 119963

Fax: 6375-6231

http://www.mpa.gov.sg

4 April 2013

Applicable to: Shipowners, shipmanagers, operators, masters and crew of

Singapore-registered ships, classification societies and the general shipping

community.

UPDATE ON THE IMPLEMENTATION OF THE MARITIME LABOUR

CONVENTION 2006 (MLC)

(A) SEAFARERS' EMPLOYMENT AGREEMENT (SEA)

(B) ON-BOARD COMPLAINT PROCEDURES

(C) MEDICAL REPORT FORM

INTRODUCTION

come into force internationally on 20 August 2013. All ships registered with the

Singapore Registry of Ships are required to comply with the MLC. In addition, ships

of 500 gross tonnage and above are required to carry and maintain a maritime

labour certificate and a declaration of maritime labour compliance. 1

Employment Agreement (SEA), On-Board Complaint Procedures and Medical

Report Form.

(A) SEAFARERS’ EMPLOYMENT AGREEMENT (SEA)

1. Every seafarer working on board a Singapore-registered ship is required to

have a SEA under MLC Regulation 2.1 and Standard A2.1.

1. In accordance with MLC Standard A2.1.1(e), seafarers shall be given a record

of their employment onboard the ship. The employment record can be recorded in

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SRS ships below 500 gross tonnage are required to comply with the MLC but are not required to be

certified. Such ships may attain MLC certification at the shipowner’s request.

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their Seafarer’s Discharge Book. In its absence, the “Certificate of Discharge”

available on MPA’s website may be used.

URL: http://www.mpa.gov.sg/sites/pdf/cert_disc.pdf

Format of Seafarers Employment Agreement (SEA)

1. As a follow-up to feedback on Shipping Circular No. 18 of 2012, MPA will not

prescribe the SEA format to be used. Companies may use their own format for the

SEA as they deemed fit. However, the SEA shall contain all the information listed in

Appendix 1 of this circular, to comply with MLC Standard A2.1.4.

Personnel Onboard to be Reported

Agreement” (also known as “Articles of Agreement”) will no longer be required and

be replaced by the individual SEA, stated in paragraph 3 above. There is no

requirement for the SEA to be lodged with the Director but the shipowners/managers

or shipmasters must submit on demand.

1. Notwithstanding the above, shipowners/managers or shipmasters are required

to maintain a current list of personnel onboard and notify MPA of any person

engaged and discharged onboard a Singapore-registered ship via the Electronic

Reporting of Personnel Form or the Marinet. This is similar to the current practice of

notifying crew changes.

1. Shipowners/managers or shipmasters are also required to report the ship’s

trading areas (e.g. foreign going, home trade or special limits) to the Director upon

registration of a ship with the Singapore Registry of Ship. This submission form is

known as the Electronic Ship Information (ESI). There is no validity period for the

ESI and will only need resubmission if there is:

a. A change in the ship’s trading areas, or

b. A change in shipowners/managers and the new shipowners/managers are

not retaining the seafarers employed by the previous owners/managers.

1. A separate Shipping Circular on the “Guide on submission of ESI and Reporting

of Personnel Onboard will be issued in July 2013.

(B) ON-BOARD COMPLAINT PROCEDURES

1. Every seafarer serving onboard a Singapore-registered ship is to be given a

copy of the on-board complaint procedures. As a follow-up to the feedback on

Shipping Circular No. 18 of 2012, MPA will not prescribe the format for the on-board

complaint procedures. Companies may draw up their own procedures and to ensure

that their on-board complaint procedures are complying with the requirements stated

in MLC Regulation 5.1.5 and Standard A5.1.5. Appendix 2 and Appendix 2A

contain some model formats for the “On-Board Complaint Procedures” which

companies may adopt. Appendix 2 contains the contact details of the Maritime and

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Port Authority of Singapore which must be included in the “On-Board Complaint

Procedures”.

(C) MEDICAL REPORT FORM

1. MLC Standard requires the competent authority to adopt a standard “Medical

Report Form” for use by the ships’s masters and relevant onshore and onboard

medical personnel. The “Medical Report Form” prescribed by the MPA is attached in

Appendix 3 to be used onboard Singapore-registered ships.

CHANGES TO LEGISLATION

1. Legislation to give effect to the MLC will be promulgated in due course. In

view of the Convention coming into force on 20 August 2013, the shipping

community is urged to prepare for early compliance with the MLC.

OTHER RELEVANT SHIPPING CIRCULARS

1. This Circular is to be read in conjunction with the following past Circulars:

a. No. 16 of 2012 - Recruitments and Placement Requirements

b. No. 18 of 2012 - Requirements for the Declaration of Maritime Labour

Compliance

c. No. 3 of 2013 - Requirements Pertaining to the Training of Cooks and

the Provision of Food On Ships

d. No. 4 of 2013 - Reporting of Occupational Accidents, Injuries And

Diseases Affecting Seafarers

a. Mr Benjamin Wong (Email: Benjamin_K_L_WONG@mpa.gov.sg). Tel:

b. Ms Irene Goh (Email: Irene_T_L_GOH@mpa.gov.sg). Tel: 6375 6225

c. Mr Samuel Soo (Email: Samuel_Soo@mpa.gov.sg). Tel: 6375 6207

d. Mr Glendon Goh (Email: Glendon_GOH@mpa.gov.sg). Tel: 6375 6228

CHEONG KENG SOON

DIRECTOR OF MARINE

MARITIME AND PORT AUTHORITY OF SINGAPORE

3

Appendix 1

Provisions to be included in a Seafarers’ Employment Agreement (SEA),

based on MLC Standard A2.1.4

(1) Seafarer's full name, date of birth or age, and birthplace

(2) Shipowner's name and address;

(3) Place where and date when the seafarers' employment agreement is entered

into;

(4) Capacity in which the seafarer is to be employed;

(5) Amount of the seafarer's wages or, where applicable, the formula used for calculating

them;

(6) Amount of paid annual leave or, where applicable, the formula used for calculating it;

(7) Termination of the agreement and the conditions thereof, including:

(i) if the agreement has been made for an indefinite period, the conditions

entitling either party to terminate it, as well as the required notice period,

which shall not be less for the shipowner than for the seafarer;

(ii) if the agreement has been made for a definite period, the date fixed for its

expiry; and

(iii) if the agreement has been made for a voyage, the port of destination and the

time which has to expire after arrival before the seafarer should be discharge;

(8) Health and social security protection benefits to be provided to the seafarer by the

shipowner;

(9) Seafarer’s entitlement to repatriation;

(10) Reference to the collective bargaining agreement, if applicable;

(11) *Other terms and conditions

*All other terms and conditions of employment under this agreement must be in accordance

with the provisions of the Maritime Labour Convention and Singapore law. Singapore law

shall be construed to include, without limitation to the generality of the foregoing, any law

enacted to implement Singapore’s international obligations under the Maritime Labour

Convention, any laws having mandatory application to the matter and all subsequent

amendments to the aforementioned.

*Any term in this agreement (including Collective Bargaining Agreement and any other

private agreement that has been incorporated in this agreement) that is less favourable to

the seafarer than is provided for under the Act and Regulations shall be unenforceable by

either party to this agreement to the extent that it is less favourable.

(12) Confirmation of the Agreement

The undersigned has been given the opportunity to review and seek advice on the

terms conditions in the agreement and freely accepts them before signing.

Appendix 1 – Page 1

Appendix 2

MODEL FORMAT FOR ON-BOARD COMPLAINT PROCEDURES FOR

SINGAPORE-REGISTERED SHIPS (MLC REG 5.1.5)

1. Seafarers may lodge complaints relating to any matter that is alleged to

constitute a breach of the requirements of the Maritime Labour Convention (MLC)

and the requirements under national legislation.

2 All seafarers serving on board Singapore-registered ships shall be provided

with a copy of this set of on-board complaint procedures.

1. The following are the on-board complaint procedures for Singapore registered

ships:

a. Complaints should be addressed to the head of department of the

seafarer lodging the complaint or to the seafarer’s superior officer.

b. The head of department or seafarer’s superior officer should attempt to

resolve the complaint as soon as practicable taking into account the

seriousness of the issues involved or within 3 days.

c. If the head of department or the seafarer’s superior officer cannot

resolve the complaint to the satisfaction of the seafarer, the seafarer

may refer it to the Master, who should handle the case personally.

d. All complaints and decision outcomes should be recorded in the

provided form (attached at Appendix 2A) and a copy of it provided to

the seafarer concerned.

e. If the complaint cannot be resolved on board, the matter should be

referred ashore to the ship-owner, who should resolve the issue as

soon as practicable, where appropriate, in consultation with the

seafarer concerned or any person the seafarer may appoint as his

representative.

f. In all cases, seafarers have a right to file their complaints directly with

the master, the shipowner and where necessary, to any appropriate

competent external authority.

Please see Appendix 2B for a flow-diagram of the complaint procedures.

seafarer of their choice on board the ship concerned during the complaints

procedure.

victimisation for filing a complaint. The term “victimisation” covers any adverse action

taken by any person towards a seafarer for lodging a complaint which has grounds

for concern.

Appendix 2 – Page 1

Authority of Singapore is designated to handle seafarer’s complaints. The contact

details are as follows:

Address: 460 Alexandra Road #21-00

PSA Building

Singapore 119963

Tel 6 375 6224

E-mail : mmo_mpa@mpa.gov.sg

1. The contact information of the competent authority in the seafarer’s country of

residence (where different from the flag State) and the name of the person(s) on

board the ship who can, on a confidential basis, provide seafarers with impartial

advice on their complaints or assist them on the complaint procedures, are to be

provided as below:

Contact information of competent authority in seafarer’s country of

residence (if different from flag State):

Name:

Contact Information:

Contact information of person(s) on board who can provide impartial

advice or assist on complaint procedures:

Name:

Contact Information:

Appendix 2 – Page 2

Appendix 2A

On-Board Complaint Form

This form is to be filled by the complainant or complainant’s representative. If the

compliant involves allegation against any other seafarer, which may be regarded as

personal, private or intimate, such seafarer may not be referred to in an identifiable

way in writing this form.

Ship’s Particulars

Vessel: Date: Place

Complainant’s Particulars

Designation : Name and Passport No.: Date of Birth:

Complainant’s Representative’s Particulars (if any)

Designation : Name and Passport No.: Date of Birth:

Declaration:

I confirm that I have agreed and accepted to accompany and/or to represent the

complainant, and to attend any meetings into the subject matter of the complaint.

Signature : ________________________________________________________

Briefly describe the complaint (including date, time and place of event and

persons involved or witnesses):

Appendix 2A- Page 1

Declaration:

I confirm that I have not been penalised or victimised in any way for filing this

complaint, and that I have been informed that lodging this complaint is without

prejudice to my right to seek redress through whatever legal means I consider

appropriate.

I declare that all the information submitted by me in this On-Board Complaint Form

is correct and does not contain any false information. I declare that I have not

omitted any relevant information and that my complaint is not unjustified.

I accept that this matter may be referred to the Master for resolution and the Master

will inform me of the outcome.

Signature of the complainant:

________________________________________________________

Acknowledged by Head of Dept, Seafarer’s Superior Officer or Shipmaster

Rank: Name: Date of Receipt:

Meeting to Resolve Complaint

Date Of Meeting & Attended By

Briefly describe the result of the meeting

The matter has been resolved: Yes / No ((If No, please state reason)

Appendix 2A- Page 2

If No – The matter has been referred to the Company for resolution on

(date/month/year). If other, please state organisation.

Acknowledged by Complainant Signature by Shipmaster

Name and Signature: Name and Signature:

Date: Date:

Acknowledged by Complainant’s

Representative (if any)

Name and Signature:

Date:

Appendix 2A- Page 3

Appendix 2B

Flow-diagram of the On-Board Complaint Procedures

Complaint addressed to

head of department or

seafarer’s superior officer

Head of department or COMPLAINT Complaint is

RESOLVED

superior officer attempts resolved and

to resolve complaint decision recorded in

prescribed form.

COMPLAINT

UNRESOLVED

Complaint is

Complaint referred to COMPLAINT

RESOLVED resolved and

Master

decision recorded in

prescribed form.

COMPLAINT

UNRESOLVED

Complaint is

COMPLAINT

Complaint referred to RESOLVED resolved and

ship-owner decision recorded in

prescribed form.

Note: In all cases, seafarers have a right to file their complaints directly

with the master, the shipowner and where necessary, to any appropriate

competent external authority

Appendix 2B – Page 1

Appendix 3

MEDICAL REPORT FORM

(MLC Regulation A4.1)

Date and time of report _______________________________________________

Ship Information and Location

Ship Name __________________________________________________________

Shipowner/Shipmanager _______________________________________________

Type of ship and cargo ________________________________________________

Name and address of on-shore agent at Port of Call

________________________________________________________________

Position (latitude and longitude; name of port, if applicable) at onset of illness/injury:

___________________________________________________________________

___________________________________________________________________

Destination and ETA (expected time of arrival) _____________________________

___________________________________________________________________

Particulars of patient

Name as in passport: _________________________________________________

Sex _______________ Male (cid:1) Female (cid:1)

Date of birth (dd-mm-yyyy) ______________________________

Nationality ____________________

Seafarer passport number _____________________________

Shipboard job title (and specify type of work) _______________________________

__________________________________________________________________

Hour and date when taken off work _________________________

Hour and date when returned to work ________________________

Appendix 3- Page 1

Injury or illness

Hour and date of injury or onset of illness __________________________________

Hour and date of first examination/treatment onboard ________________________

Location on board ship where injury occurred: ______________________________

___________________________________________________________________

Circumstances of illness /injury: _________________________________________

___________________________________________________________________

Symptoms _________________________________________________________

Findings of physical examination ________________________________________

___________________________________________________________________

Overall onboard impression before treatment

__________________________________________________________________

___________________________________________________________________

Treatment given on board _____________________________________________

___________________________________________________________________

Telemedical consultation

Hour and date of initial contact _________________________________________

Mode of communication (radio, telephone, fax, other) _______________________

Surname and first name of telemedical consultant or name of medical company

__________________________________________________________________

Details of telemedical advice given ______________________________________

___________________________________________________________________

N.B. Attach all relevant medical reports to this report form.

Appendix 3- Page 2

Clinical Consultation

Clinical Diagnosis:

Clinical Treatment given or examination:

Is the illness due to an accident: Yes /No

Patient unfit for work from: to

Clinical Treatment terminated or follow up required:

Place of consultation: Clinic / hospital

Date of consultation: Doctor’s Name & Signature:

Appendix 3- Page 3

Designation :	Name and Passport No.:	Date of Birth:
Declaration: I confirm that I have agreed and accepted to accompany an…
Acknowledged by Complainant Name and Signature: Date:	Signature by Shipmaster Name and Signature: Date:
Acknowledged by Complainant’s Representative (if any) Name and Signature: Date:

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