Merchant Shipping (Maritime Labour Convention) Act 2014 |
Merchant Shipping (Maritime Labour Convention) (Seafarer Recruitment and Placement Services) Regulations 2014 |
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Citation and commencement |
1. These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Seafarer Recruitment and Placement Services) Regulations 2014 and shall come into operation on 1st April 2014. |
Definitions |
2. In these Regulations, unless the context otherwise requires —
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Application |
3. These Regulations shall apply to —
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Approval from Director |
Preventing or deterring seafarer employment |
5. A seafarer recruitment and placement service shall not use any means, mechanism or list in order to prevent or deter a seafarer from gaining employment for which he is qualified. |
Fees and costs of seafarer recruitment and placement services |
6.—(1) No fee or other charge for seafarer recruitment or placement or for providing employment shall be borne, directly or indirectly, by a seafarer, except for the costs of obtaining the following:
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Minimum age |
7. A seafarer recruitment and placement service shall not engage any person —
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Maintenance of register |
8.—(1) A seafarer recruitment and placement service shall establish and maintain an up-to-date register, available for inspection, by a surveyor of ships or any person duly authorised by the Director, of seafarers recruited or placed.
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Seafarer’s employment agreement |
9.—(1) A seafarer recruitment and placement service shall ensure that a seafarer is informed of his rights and duties under the seafarer’s employment agreement prior to or in the process of engagement.
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Seafarer qualifications |
10.—(1) A seafarer recruitment and placement service shall not recruit or place a seafarer to work on a ship unless confirmation has been obtained on all of the following:
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Seafarers stranded in foreign ports |
11. A seafarer recruitment and placement service shall ensure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port, in accordance with the Act. |
Exploitation of seafarers |
12.—(1) A seafarer recruitment and placement service shall have procedures to ensure that seafarers are not subject to exploitation by the seafarer recruitment and placement service or their personnel with regard to the offer of engagement on particular ships or by particular companies.
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Complaints |
13. A seafarer recruitment and placement service shall examine and respond to any complaint concerning their services and advise the Director of any unresolved complaint. |
Dealing with incompetence or indiscipline |
14. A seafarer recruitment and placement service shall have procedures, which are in accordance with the principles of natural justice, for dealing with cases of incompetence or indiscipline of seafarers that were recruited or placed by the seafarer recruitment and placement service, that are consistent with Singapore’s laws and practices, and where applicable, with collective agreements. |
Compensation scheme |
15. A seafarer recruitment and placement service shall 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 seafarer’s employment agreement to meet its obligations to them, and to ensure that seafarers are informed, prior to or in the process of engagement, of their rights under that system. [S 990/2024 wef 23/12/2024] |
Foreign seafarer recruitment and placement services |
16. A shipowner shall ensure that if he uses a seafarer recruitment and placement service located in a state or territory which has acceded to or ratified the Convention, that seafarer recruitment and placement service is authorised or licensed by the relevant authority in that state or territory. |
Suspension or withdrawal of certificate of authorisation |
17. Where the Director is satisfied that a seafarer recruitment and placement service has failed to comply with any provision of the Act or these Regulations, the Director may, after giving an opportunity to make representations in writing, suspend or withdraw the certificate of authorisation. |
Penalties |
18. Any person who contravenes regulation 5, 6(1) or (2), 7, 8(1), (4), (5) or (7), 9(1), (2), (3) or (4), 10(1), 15 or 16 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
Chairman, Maritime and Port Authority of Singapore. |
[MPA 46/11.C06.V01/LSK; AG/LLRD/SL/180A/2013/6 Vol. 1] |
Current Acts and Subsidiary Legislation | |
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