5TH SEMINAR ON MARITIME HUMAN RESOURCES SOLUTIONS AND THE MARITIME LABOUR CONVENTION 2006. COMPANY OF MASTER MARINERS OF CANADA
FISHERIES AND MARINE INSTITUTE, MEMORIAL UNIVERSITY
S t . J o h n ’ s , N e w f o u n d l a n d
S e p t e m b e r 2 6 t h , 2 0 1 2
S E A F A R E R S ’ R E C R U I T M E N T A N D P L A C E M E N T S E R V I C E S U N D E R M L C :
T H E R O L E O F C R E W I N G & M A N N I N G C O M P A N I E S
D R . M . P R O G O U L A K I
PRESENTATION OUTLINE
1. Introduction
2. World maritime labour market
3. RPS role in maritime labour market
4. General requirements of RPS under MLC
5. Methodology
6. Results
7. Conclusions
Dr. M. Progoulaki 2
INTRODUCTION
Dr. M. Progoulaki 3
ILO (2006) Maritime Labour Convention Ratified by 30 members in 2012
RPS: Recruitment and Placement Services, i.e. “Any person, company, institution, agency or other organisation,
in the public or private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners.”
Role of RPS under MLC
Progress of RPS certification under MLC
Issues concerning operation of RPS under MLC
WORLD MARITIME LABOUR MARKET
Dr. M. Progoulaki 4
Supply of seafarers (BIMCO/ISF, 2010)
World fleet (UNCTAD, 2011)
68.3% of world tonnage registered under foreign flag Panama (21.9%)
Liberia (11.9%)
Marshall Islands (7.1%) (UNCTAD, 2011)
Country Officers Ratings Total
China 51.511 90.296 147.984
Turkey 36.734 51.009 113.332
Philip-pines
57.688 97.506
Indonesia 61.821 76.734
Russia 40.000 55.859
Ukraine 27.172
Malaysia 28.687
Country Share in world fleet (DWT)
Greece 16.17%
Japan 15.76%
Germany 9.17%
China 8.63%
Korea 3.79%
USA 3.71%
RPS ROLE IN WORLD MARITIME LABOUR MARKET#1
Dr. M. Progoulaki 5
As sources of supply of seafarers shifted to Asia & Eastern Europe, manning agencies became integral part of the industry
Seafarers & shipowners depend on Shipping/ ship management companies
Crewing/ manning agencies
who contribute to maritime labour supply chain
Case of illegal operation of manning agencies (OECD, 1996; ILO 2001)
Can distort the market’s stability
RPS ROLE UNDER MLC #1
Dr. M. Progoulaki 6
Need for supervision & legislative framework MLC requires that: “Shipowners who use RPS must request the presentation of a
license or similar document which proves that RPS operates in accordance with national requirements relevant to MLC”
Obligations of RPS Regulation 1.4, Standard A1.4, Guideline B1.4 Obligations of ILO members where RPS are located Establishment & definition of RPS Licensing for RPS providers’ operation by each ILO member Shipowners’ responsibilities
RPS ROLE UNDER MLC #2
Dr. M. Progoulaki 7
Main areas of concern under MLC: Free of charge access to an efficient, adequate & accountable
system for finding a job on board Cost of issuance of travel documentation required to join ship System of protection against monetary loss Prohibition of blacklisting/ other mechanisms that intend to
prevent seafarers from gaining employment Assurance by RPS that shipowners have means to protect
seafarers from being stranded in foreign port Up-to-date register of all seafarers recruited Verification that seafarers are informed of their rights & duties Seafarers get a copy of their employment agreements &
company’s complaint procedure
METHODOLOGY
Dr. M. Progoulaki 8
Examine level of RPS certification by RO Recognised Organisation (RO): Authorised public institutions or
other organisations who are competent and independent to carry out inspections/ issue certificates/ do both
Personal interviews among Classification Societies June 2012 @ Posidonia International Exhibition Sample: 12/13 members of IACS
9 interviews
Websites’ survey Examine: Existence of Ship’s & RPS Standards for Certification under
MLC Number of RPS voluntary certified under MLC Experience from gap analysis & RPS certification process
RESULTS #1
Dr. M. Progoulaki 9
RO: IACS member Standards for Ship certif. under MLC
Standards for RPS certif. under MLC
No. of RPS voluntary certified (MLC 1.4)
ABS (America) √ √ Unknown if any
BV (France) √ √ 5
CCS (China)
CRS (Croatia)
DNV (Norway) √ √ Unknown if any*
GL (Germany) √ √ Unknown if any
IRS (India) √
KR (Korea) √
LR (UK) √
NKK (Japan) √ √ Unknown if any
PRS (Poland)
RINA (Italy) √ 3
RS (Russia) √ √ Unknown if any
Sum 9/13 7/13 8
RESULTS #2
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Due to voluntary ships’ & RPS certification, limited information is available about No. of certified RPS
BV Certified 5 RPS based in: Philippines – 1
UK- 1
Branch office in India- 1
Greece- 2.
RINA certified 3 RPS in: Romania- 3 workforce placement & crewing services
Experience from gap analysis not available
RESULTS #3
Dr. M. Progoulaki 11
Examination of DNV, BV & ABS certification standards for RPS showed: Requirements of MLC Standard A1.4
Include provisions under Guideline B1.4
Include provisions under Reg. 1.1 Age limit
Reg. 1.3 seafarers’ qualifications
A 1.2 seafarers’ medical certificates, & others
Operation & licensing of private RPs providers includes aspects of crew management (not simply work placement)
RESULTS#4
Dr. M. Progoulaki 12
ILO members are required to supervise & control that regulated requirements are fulfilled by RPS 800 manning agencies operate in the Philippines- 1 is certified
Prohibition of blacklisting MLC does not describe the means to control blacklisting
No fees for seafarer recruitment/ placement, apart from the cost for national statutory medical certificate, national SB, passport, other travel documents (except VISA covered by shipowner) Cases of public RPs charging fees for seafarers’ placement No clarification for the cost of issuing Seafarers’ ID (under ILO
108/185- not consolidated in MLC)
RESULT #5
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DNV’s Standard requires that RPS publicizes costs that the seafarer will expect to bear for recruitment A statement from RPS top management that they don’t charge any
illegal fees to seafarers
Ensurance by RPS that shipowner has means to protect seafarers from being stranded in foreign port It is shipowner’s responsibility to provide flag states with financial
security in this matter (Reg. 2.5 §3). RPS are responsible “as far as practicable”
Shipowners are required to provide some form of monetary loss MLC does not define “monetary loss” Mentions repatriation (Reg. 2.5), illness (Reg.4.2), ship’s foundering
(Reg. 2.6)
RESULTS #6
Dr. M. Progoulaki 14
Verification that seafarers are informed of rights & duties & receive copy of their Employment Agreement (SEA) Few maritime labour supplying countries have developed a SEA
scheme
ILO members shall examine & respond to any complaint concerning the RPS and/or shipowner’s activity RPS shall examine, respond to any complaint & advise the competent
authority ((DNV)
RPS shall establish a documented procedure for receiving, processing & responding to seafarers complaints (ABS)
RPS shall provide a copy of the company’s Complaint Procedure (BV)
CONCLUSIONS
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MLC leads to improved supervision at all levels; Substandard ship operators & crewing/ manning
companies are in the spotlight; RPS certification needs clarification of certain issues; Seafarers’ rights & working conditions will be
protected; Profile of shipping industry more socially
responsible; Promotion & attraction of seafarers will be
enhanced.
5TH SEMINAR ON MARITIME HUMAN RESOURCES SOLUTIONS AND THE MARITIME LABOUR CONVENTION 2006. COMPANY OF MASTER MARINERS OF CANADA
FISHERIES AND MARINE INSTITUTE, MEMORIAL UNIVERSITY
DR. MARIA PROGOULAKI
M A R I T I M E E C O N O M I S T M H R C O N S U L T A N T & R E S E A R C H E R
U N I V E R S I T Y O F T H E A E G E A N
& T H E A M E R I C A N C O L L E G E O F A T H E N S
m . p r o g o u l a k i @ a e ge a n . gr
THANK YOU FOR YOUR ATTENTION.
ANY QUESTIONS PLEASE.