CONTENTS:
Forms of registers
(a) Please indicate the different forms of registers that exist in
your country and when they were established? Please provide copies
of laws, regulations etc. that govern the establishment of the register/registers.
| Indicate the type of registers that exist | The year of establishment | |
| National/first | ||
| Second/international | ||
| Other |
2. Maritime administration and inspection unit
(a) Please explain which unit or units in your government have administrative and practical responsibility for the working and living conditions onboard vessels in your register/registers.
(b) Please explain how the inspection of the working and living conditions of national flagged ships is organized (including the use of classification societies); how many inspectors are employed and how often is the inspection of the working and living conditions conducted? Please, include any relevant statistics and documents.
(c) Please state whether or not the inspectors are required to have/are
offered special training in inspecting working and living conditions.
(d) Please indicate whether or not laws or regulations or collective
agreements permit workers/workers representatives or organizations to file
a complaint concerning working and living conditions and whether or not
such a complaint could result in an inspection by the relevant authority.
(e) Please indicate how accidents, include those resulting in invalidity
of the seafarer, are investigated in your country.
(f) Please state, what sanctions might be imposed on the shipowner if
laws/regulations on safety, working and living conditions are violated.
3. Restriction in laws and regulations on the employment of foreign seafarers
Please explain whether a law/regulation restricts non-national/non-domiciled seafarers from working onboard ships in your register/registers. Please provide a copy of the legislation.
4. Number and nationalities of seafarers
Please indicate the numbers and nationalities of the seafarers employed
under your register/registers? Please indicate the figures for each register.
| Nationalities | Number of seafarers on national/first reg. | Number of seafarers on second/int. reg. | Number of seafarers on other reg. |
(In replying to this question, please note that the questions in part II and III below are related to specific areas. The question below is therefore of a more general nature.)
(a) Does the general national labour legislation, where it exists, cover all workers, including seafarers? (Please tick the appropriate box) Please provide a copy of the legislation.
| Yes | |
| Partly | |
| No | |
| Do not exist |
If necessary, please, give further explanation below.
(b) If not, does specific labour legislation apply to seafarers onboard your register/registers? (Please tick the appropriate box) Please provide a copy of the legislation.
| First/national reg. | Second/inter. reg. | Other reg. | |
| Yes | |||
| Partly | |||
| No | |||
| Do not exist |
If necessary, please give further explanation below.
(c) In your role as a labour supplying country
Does the national labour legislation or the specific labour legislation for seafarers cover the employment of national seafarers onboard foreign flagged ships? (Please tick the appropriate box) Please provide a copy of the legislation.
| Yes | |
| Partly | |
| No |
If necessary, please give further explanation below.
(d) In your role as a Flag State
Does the national labour legislation or the specific labour legislation cover the employment of non-national/non-domiciled seafarers onboard ships registered in your register/registers? (Please tick the appropriate box) Please provide a copy of the legislation.
| First/national reg. | Second/inter. reg. | Other reg. | |
| Yes | |||
| Partly | |||
| No |
If necessary please give further explanation below.
6. Collective agreements and individual contracts
(a) Are seafarers onboard ships in your register/registers covered by collective agreements? (Please tick the appropriate box)
| First/national reg. | Second/inter. reg. | Other reg. | |
| Yes | |||
| Partly | |||
| No |
If "yes", is this decided by law or only by practice? Please explain.
(b) To what extent are seafarers onboard the different registers and of different nationalities or domicile covered by separate collective agreements? (Please tick the appropriate box)
| First/national reg. | Second/inter. reg. | Other reg. | |
| Yes | |||
| Partly | |||
| No |
If so, please explain.
(c) If seafarers are not covered by collective agreements are they covered by individual contracts? (Please tick the appropriate box)
| First/national reg. | Second/inter. reg. | Other reg. | |
| Yes | |||
| In combination with collective agreements | |||
| No |
Is a standard contract or an individual contract normally used?
Please provide samples of such contracts.
7. Treatment of different groups of seafarers
Please indicate whether, in your opinion, there exists a difference in
treatment based on sex, religion, nationality or residence of seafarers
in areas such as recruitment, hours of work or rest, food and catering,
crew accommodation, paid annual leave etc. Please provide copies of any
relevant documents.
II. Questions related to specific areas - for flag States only
1. Minimum age (a) Please state the minimum age for seafarers in the register/registers. Please also refer to and provide copies of the law/regulation or collective agreements, where the minimum age is stated.
| Minimum age in first/
national reg. |
Minimum age in second/
international reg. |
Minimum age in other reg. | Indicate law, reg., or collective agree., referred to. | |
| Law/
regulation
|
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| Collective agreement
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| Not covered |
(b) If necessary, please give further explanation below
2. Right to organize and to bargaining collectively
Important: In all of the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements etc.
(a) In general, please state whether laws or regulations provide
seafarers and shipowners with the right to organize and the right to bargaining collectively
(b) Do non-national/non-domiciled seafarers working onboard ships in
your register/registers have a role in the development of legislation concerning working and living conditions and other safety aspects onboard ships?
(c) Does law or practice prevent non-national/non-domiciled seafarers
from becoming members of unions and from being included in the collective
bargaining by your national union/unions?
(d) Do trade unions (of the flag State) on behalf of a group of non-national/non-domiciled seafarers negotiate and conclude collective agreements in your register/registers?
(e) Do trade unions from a labour supplying country negotiate and conclude collective agreements for seafarers working onboard ships registered in your register/registers? Please, indicate whether there is a difference in practice between the different registers?
(i) To what extent are the trade unions in your country involved
in these negotiations? Please, explain or provide details.
(f) Please state how disputes concerning collective agreements
or individual contracts are regulated in your country and indicate whether
or not this covers non national/non domiciled seafarers or organizations
representing them.
Please, indicate with which employers’ organizations and trade unions and
in which countries have such collective agreements been agreed and how
many seafarers they approximately cover.
| Name of the trade union and country | Name of employers organization | Number of seafarers covered |
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Important: In all the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements etc.
(a) Is the system of recruitment of seafarers regulated in law/regulations or by other means?
(b) Please give a short description of the manner and methods of recruitment of:
(i) - national seafarers on ships registered in your register/registers
(ii) - non-national/non-domiciled seafarers in your register/registers?
(c) Please indicate to what extent ship management companies
and manning agencies are used in the recruitment process. Please indicate
whether the use of such companies influences the employment conditions
for seafarers, in areas such as wages, continuity of employment with the
same ship/company, length of a tour of duty, the right to organize etc.
(a) Before taking up employment is it required that seafarers (nationals and
non-nationals/domiciled) have a valid medical certificate? Please provide
copies of laws, regulations, collective agreements etc. and indicate which
paragraph/section is referred to?
(b) Please indicate who pays for the certificates
C. General conditions for employment
Important: In all the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements, statistics etc. 1. Wages
(a) Do laws or regulations secure seafarers (national as well as non-national/non-domiciled seafarers) with the right to a minimum basic wage and payment for overtime or are they provided for by other means?
(b) If possible, please indicate the monthly minimum and average wage (excluding payment for overtime, holiday with pay and all allowances) for national and non-national/non-domiciled seafarers as indicated below
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Wages for national seafarers
Minimum / Average |
Wages for non-national/domiciled seafarers
Minimum / Average |
| Master | / | / |
| 1. Deck officer | / | / |
| Chief engineer | / | / |
| 1. Engine officer | / | / |
| Chief steward/
cook |
/ | / |
| Able seafarers | / | / |
(c) If figures as requested in (a) above are not available, please
try to indicate the level of wages and payment for overtime for national
and non-national/domiciled seafarers or seafarers employed onboard your
register/registers.
(d) Please explain the difference in the level of wages and payment
for overtime, if any, between national and non-national/domiciled seafarers.
2. Hours of work/and or hours of rest
Important: In all the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements, individual contract etc.
(a) Are maximum hours of work or minimum hours of rest regulated in laws or regulations, collective agreements or in individual contracts or by a combination of these means?
(b) Please state the maximum hours of work or the minimum hours of rest, and refer to the law/regulation, collective agreement or other means where the hours of work or rest is provided.
| Max. hours of work or the min. hours of rest
in first/
national reg. |
Max. hours of work or the min. hours of rest
in second/
intern. reg. |
Max. hours of work or the min. hours of rest in other reg. | Indicate the law, regulation, coll. agr. referred to | |
| Law/
regulation
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| Collective agreement
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| Others
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| Not covered |
(c) Please explain the background for the difference in maximum hours of work or minimum hours of rest, if such exist, between:
(i) the different registers or;
(ii) national and non-national/non-domiciled seafarers?
3. Employment contract; Length of a contract/duty; Continuity of employment and Annual leave
Important: In all the questions below please refer to and provide copies of the relevant law, regulations, collective agreements etc.
(a) Do laws, regulations, collective agreements or practice:
(i) - prescribe that an employment contract/articles of agreement
should be signed before taking up employment in your register/registers?
If so, please indicate what such an employment contract contains.
(ii) - provide for a continuous and regular employment with the same
shipowner or ship? Has a register or a list of qualified seafarers available
for employment been established? Please give a short description of the
arrangements.
(iii) - prescribe the normal length of a tour of duty/contract? If so what is the normal length of a tour of duty/contract in your register/registers?
| The normal length of a contract in first/ national reg. | The normal length of a contract in second/
international reg. |
The normal length of a contract in other reg. | Please indicate the law, reg., or collective agreement referred to | |
| Law/ regulations
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| Collective agreement
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| Others
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| Not covered |
a) If necessary, please give a further explanation below.
(iv) - provide for annual leave? If so, please specify the length of the annual leave provided for in your register/registers.
| The length of annual leave in first/ national reg. | The length of annual leave in second/
international reg. |
The length of annual leave in other reg. | Please indicate the law, reg., or collective agreement referred to | |
| Law/ regulations
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| Collective agreement
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| Others
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| Not covered |
a) Please, explain whether the annual leave is paid in full, partial,
casual or not at all or whether he/she is entitled to free transport to
the place he/she was engaged or recruited
(b) Please explain whether there is a difference in law or practice between national seafarers and non-national/non-domiciled seafarers or seafarers employed onboard ships in your different registers in the following areas:
(i) - employment contract
(ii) - the termination either by the employee or the employer of such a contract
(iii) - length of tour of duty/contract
(iv) - continuity of employment
(v) - annual leave
Important: In all the questions below, please refer to and provide copies of the relevant law, regulations, collective agreements etc.
(a) Do laws, regulations or collective agreements provide for repatriation of seafarers? If so, please give a short description of the procedures and the one responsible for repatriation of a seafarer in your register/registers.
(b) Please explain whether there is a difference in law or practice
concerning repatriation of national seafarers and non-national/non-domiciled
seafarers or seafarers employed onboard ships registered in your different registers.
D. Safety, health and welfare: Food and catering,Accommodation of crews, Safety and health conditions, Welfare facilities.
(a) Please provide copies of laws, regulations or collective agreements that provide for the facilities as described below and indicate the correct paragraphs/sections dealing with these issues. Please, indicate any difference in treatment in these areas between the different registers and /or between national and non-national/domiciled seafarers.
(i) Food and water supplies and catering arrangements.
(ii) Construction, location etc. of the crew accommodation.
(iii) The appointment of a suitable person or a committee (among the
crew) responsible, under the master, for accident prevention,
(iv) The training of such a person.
(v) Welfare facilities and services for seafarers onboard ships
and in port and a system for financing these arrangements.
E. Social security benefits Important:In all the questions below please, refer to and provide copies of the relevant laws, regulations, collective agreements etc.
1. Does a national social security system exist in your country; if so does it cover all workers, including seafarers?
2. If not, is a separate social security system developed for
seafarers?
3. Could you please give a short description of the system including the cost (who pays?), and refer to the relevant law or regulation in the following areas:
(a) medical care, including hospital care.
(b) sickness benefit.
(c) Repatriation including transport to domicile or place of recruitment in case of sickness or invalidity
(d) unemployment benefit in case of employers insolvency, shipwreck etc.
(e) pregnancy
(f) old age benefit.
(g) invalidity or survivors benefits.
4. Does the national social security system or the system developed
for seafarers cover non-national/non-domiciled seafarers working onboard
ships registered in your register(s) and who pays for the cost?
5. If foreign seafarers are not covered under the systems referred to above, are other arrangements made for them? If so, please give a short description of the system and the differences in the coverage, if any, in the following areas:
(a) medical care, including hospital care
(b) sickness benefit.
(c) repatriation including transport to domicile or place of recruitment
in case of sickness or invalidity
(d) unemployment benefit in case of employers insolvency, shipwreck
etc.
old age benefit.
(f) invalidity or survivors benefits.
III. Questions related to specific areas - for labour supplying countries only
(i) Please state the minimum age for seafarers. Please also refer to and provide copies of the law/regulation or collective agreements, where the minimum age is stated
| Minimum age in first/
national reg. |
Indicate law, reg., or collective agreement, referred to. | |
| Law/
regulation
|
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| Collective agreement
|
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| Not covered |
(ii) If necessary, please give further explanation below
2. Right to organize and to bargaining collectively
Important: In all the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements etc.
(a) In general, please state whether law or regulations provide
seafarers and shipowners with the right to organize and the right to bargaining collectively
(b) Do non-national/non-domiciled seafarers working onboard ships in
your register, if any, have a role in the development of legislation concerning working and living conditions and other safety aspects onboard ships?
(c) Do your national trade unions negotiate and conclude collective
agreements for members employed onboard foreign flagged ships?
(i) To what extent are the trade unions of the flag state involved
in these negotiations? Please, explain or provide details.
(ii) Please indicate with which trade unions and employers’ organizations in which countries have such collective agreements been concluded.
| Name of trade union | Name of employers organization and country | Number of seafarers covered |
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Important: In all the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements etc. 1. Recruitment of seafarers
(a) Is the system of recruitment of seafarers regulated in law/regulations or by other means?
(b) Please give a short description of the manner and methods of recruitment of:
(i) - national seafarers on ships recorded in your register?
(ii) - national seafarers onboard foreign registered ships?
(c) Please indicate to what extent ship management companies
and manning agencies are used in the recruitment process. Please indicate
whether the use of such companies influence the employment conditions for
seafarers, in areas such as wages, continuity of employment with the same
ship/company, length of a tour of duty, the right to organize etc.
(a) Before taking up employment is it required that seafarers (nationals and seafarers employed onboard a foreign flagged ship) have a valid medical certificate? Please provide copies of laws, regulations, collective agreements etc. and indicate which paragraph/section is referred to?
(b) Please indicate who pays for the certificate
C. General conditions for employment
Important: In all the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements, statistics etc.
(a) Do laws or regulations secure seafarers with the right to a minimum basic wage and payment for overtime or are they provided for by other means?
(b) If possible, please state the monthly minimum and average wage for seafarers as indicated below (excluding payment for overtime, holiday with pay and all allowances)
| Wages for national seafarers employed onboard
national ships
Minimum / Average |
Wages for national seafarers employed onboard
foreign ships
Minimum / Average |
|
| Master |
/ |
/ |
| 1. Deck officer |
/ |
/ |
| Chief engineer |
/ |
/ |
| 1. Engine officer | / | / |
| Chief steward/
cook |
/ | / |
| Able seafarers | / | / |
(c) If figures as requested in (a) above are not available, please
try to indicate the level of wages and payment for overtime for national
seafarers employed onboard national registered ships and for national seafarers employed onboard foreign flagged ships.
(d) Please explain the difference in the level of wages and payment
for overtime, if any, between national seafarers employed onboard national
ships and foreign flagged ships.
2. Hours of work/and or hours of rest
Important: In all the questions below, please refer to and provide copies of the relevant laws, regulations, collective agreements, individual contract etc.
(a) Are maximum hours of work or minimum hours of rest regulated in laws or regulations, collective agreements or in individual contracts or by a combination of these means?
(b) Please state the maximum hours of work or the minimum hours of rest, and refer to the law/regulation, collective agreement or other means where the hours of work or rest is provided.
| Max. hours of work or the min. hours of rest in national reg. | Indicate the law, regulation, coll. agr. referred to | |
| Law/
regulation
|
||
| Collective agreement
|
||
| Others
|
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| Not covered |
(c) Please indicate, if possible, whether the maximum hours of work or
minimum hours of rest is different for national seafarers employed onboard
national ships and foreign flagged ships.
3. Employment contract; Length of a contract/duty; Continuity of employment and Annual leave
Important: In all the questions below please refer to and provide copies of the relevant law, regulations, collective agreements etc.
(a) Do laws, regulations, collective agreements or practice:
(i) - prescribe that an employment contract/articles of agreement
should be signed before taking up employment in your register? If so, please
indicate what such an employment contract contains.
(ii) - provide for a continuous and regular employment with the
same shipowner or ship? Has a register or a list of qualified seafarers
available for employment been established? Please give a short description
of the arrangements.
(iii) - prescribe the normal length of a tour of duty/contract? If so what is the normal length of a tour of duty/contract in your register?
| The normal length of a contract in national reg. | Please indicate the law, reg., or collective agreement referred to | |
| Law/ regulations
|
||
| Collective agreement
|
||
| Others
|
||
| Not covered |
If necessary, please give a further explanation below.
(iv) - provide for annual leave? If so, please specify the length
of the annual leave provided for in your register.
| The length of annual leave in national reg. | Please indicate the law, reg., or collective agreement referred to | |
| Law/ regulations
|
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| Collective agreement
|
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| Others
|
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| Not covered |
a) Please explain whether the annual leave is paid in full, partial, casual or not at all or whether he/she is entitled to free transport to the place he/she was engaged or recruited?
(b) Please explain, if possible, whether there is a difference in law or practice between national seafarers onboard national flagged ships and national seafarers employed onboard foreign flagged ships in the following areas:
(i) - employment contract
(ii) - the termination either by the employee or the employer of such a contract
(iii) - length of a tour of duty/contract
(iv) - continuity of employment
(v) - annual leave
Important: In all the questions below, please refer to and provide copies of the relevant law, regulations, collective agreements etc.
(a) Do laws, regulations or collective agreements provide for repatriation of seafarers? If so, please give a short description of the procedures and the one responsible for repatriation of a seafarer in your register
(b) Please explain, if possible, whether there is a difference in law
or practice concerning repatriation of national seafarers onboard national
flagged ships and national seafarers employed onboard foreign flagged ships
D. Safety, health and welfare: Food and catering,Accommodation of crews, Safety and health conditions, Welfare facilities.
Please provide copies of laws, regulations or collective agreements that provide for the facilities as described below and indicate the correct paragraphs/sections dealing with these issues.
(a) Food and water supplies and catering arrangements.
(b) Construction, location etc. of the crew accommodation.
(c) The appointment of a suitable person or a committee (among the crew)
responsible, under the master, for accident prevention.
(d) The training of such a person.
(e) Welfare facilities and services for seafarers onboard ships and
in port and a system for financing these arrangements. Will these services
also be provided for national seafarers employed onboard foreign flagged
ships?
E. Social security benefits Important:In all the questions below please, refer to and provide copies of the relevant laws, regulations, collective agreements etc.
1. Does a national social security system exist in your country; if so does it cover all workers, including seafarers?
2. If not, is a separate social security system developed for seafarers?
3. Could you please give a short description of the system including the cost (who pays?), and refer to the relevant law or regulation in the following areas:
(a) medical care, including hospital care;
(b) sickness benefit;
(c) repatriation including transport to domicile or place of recruitment in case of sickness or invalidity;
(d) unemployment benefit in case of employers insolvency, shipwreck etc.
(e) pregnancy;
(f) old age benefit;
(g) invalidity or survivors benefits.
4. Does the national social security system or the system developed
for seafarers cover nationals working onboard foreign flagged ships? and
who pays for the cost?
5. If nationals working onboard foreign flagged ships are not covered under the system referred to above, are other arrangements made for them? If so, please give a short description of the system and the differences in the coverage, if any, in the following areas:
(a) medical care, including hospital care;
(b) sickness benefit;
(c) Repatriation including transport to domicile or place of recruitment in case of sickness or invalidity;
(d) unemployment benefit in case of employers insolvency, shipwreck etc.;
(e) old age benefit;
(f) invalidity or survivors benefits.
IV. Contact person Please indicate below the
contact person in your administration if the ILO Secretariat needs further
information on clarification of replies to this questionnaire:
__________________________________________
__________________________________________
__________________________________________
__________________________________________
telephone:
__________________________________________
fax:
__________________________________________
e-mail:
__________________________________________
