MLC Management Meeting impacts UK legislation
The Superyacht Group's MLC Management Meeting has been the catalyst for significant changes to UK legislation, consequently lessening the the worries for recruitment sector.…
Ever since the Maritime Labour Convention 2006 (MLC) has appeared on our industry’s horizon, there has been one particular facet of the convention The Crew Report has kept its eye on – the systems of protection as provided by any seafarer “Recruitment and Placement Service” (RPS) as outlined in Standard A1.4.5(c)(vi). As a result, this was a key discussion point at The Superyacht Group’s Management Meeting: MLC, Careers & Recruitment, which took place in Palma on 25th April. Consequently, the event has had such an impact on the matter at hand that the UK is in the process of amending legislation with regards to the convention, significantly lessening the worries that were falling upon the industry’s recruitment agencies.
The event raised a number of questions, including the definition of these systems of protection (did the convention mean bonds? If so, the would-be necessary insurance product doesn’t exist), did the same rules apply to the small recruitment as to the much larger ones, and should the systems of protection apply to those that do not hire a candidate but merely introduce a potential candidate to an employer?
In the weeks following the event The Superyacht Group received information surrounding these issues from the UK’s MLC The Working Group (TWG). The document, entitled ‘Maritime Labour Convention, 2006 (MLC) – Recruitment and Placement Outstanding Issues’, outlines:
“It has become apparent that there is not a common understanding within TWG on which organisations fall within the scope of seafarer Recruitment and Placement Service (RPS) for the purpose of the UK implementation of the MLC.
“The question is whether organisations which are involved in providing information or connecting seafarers with shipowners, but which are not involved in the sifting or selection of candidates or determining the successful candidate, be considered seafarer RPSs for the purpose of the MLC implementing regulations.
“The argument FOR this is that they are providing services associated with seafarer recruitment, and also they fall under the BIS definition of Employment Agency in the EAA, 1973, and should therefore be covered.
“The argument AGAINST is that many such organisations are inanimate vehicles displaying job advertisements provided by the shipowners, and in any case they do not influence the outcome of the recruitment, and therefore it would be unnecessarily onerous to place the RPS obligations on them. Also, that subjecting them to such obligations might drive them offshore or out of business altogether.”
The result? TWG outlined two options: Option A – “TWG decides that such organisations are excluded from the scope of the seafarer RPSs and therefore the definition of EA in the draft regulations is adjusted to reflect this”; and option B – “TWG decides that such organisations are included and no further adjustment is needed to the draft regulations.”
The UK Chamber of Shipping has confirmed TWG went for option A. Those worries facing the superyacht industry’s recruitment agencies – big and small - will become irrelevant. “I think we can put this down to Palma!” declared Dieter Jaenicke, panelist at the MLC Management Meeting and chairman and founder of Viking Crew Management. This is a hugely exciting step and shows the collective power of the industry when voiced in the correct way, and The Superyacht Group is incredibly proud to be a part of this monumental step.
We would like to thank our sponsors RINA Services and Viking Crew Management.
The next Superyacht Management Meeting: Environment & MARPOL will run back-to-back with Management Meeting: Port State Control & Security on 25th and 26th June in Barcelona. To register for either event please email Suzie at suzie@thesuperyachtgroup.com, click here to register online or call the Events team for more information on +44 (0)207 924 4004.
The event raised a number of questions, including the definition of these systems of protection (did the convention mean bonds? If so, the would-be necessary insurance product doesn’t exist), did the same rules apply to the small recruitment as to the much larger ones, and should the systems of protection apply to those that do not hire a candidate but merely introduce a potential candidate to an employer?
It was the day's second session on crewing agents that sparked debate on Standard A1.4.5(c)(vi) of the MLC
In the weeks following the event The Superyacht Group received information surrounding these issues from the UK’s MLC The Working Group (TWG). The document, entitled ‘Maritime Labour Convention, 2006 (MLC) – Recruitment and Placement Outstanding Issues’, outlines:
“It has become apparent that there is not a common understanding within TWG on which organisations fall within the scope of seafarer Recruitment and Placement Service (RPS) for the purpose of the UK implementation of the MLC.
“The question is whether organisations which are involved in providing information or connecting seafarers with shipowners, but which are not involved in the sifting or selection of candidates or determining the successful candidate, be considered seafarer RPSs for the purpose of the MLC implementing regulations.
“The argument FOR this is that they are providing services associated with seafarer recruitment, and also they fall under the BIS definition of Employment Agency in the EAA, 1973, and should therefore be covered.
Dieter Jaenicke (left), chairman and founder of Viking Crew Management, has declared that these pertinent amendments are down to the event in Palma
“The argument AGAINST is that many such organisations are inanimate vehicles displaying job advertisements provided by the shipowners, and in any case they do not influence the outcome of the recruitment, and therefore it would be unnecessarily onerous to place the RPS obligations on them. Also, that subjecting them to such obligations might drive them offshore or out of business altogether.”
The result? TWG outlined two options: Option A – “TWG decides that such organisations are excluded from the scope of the seafarer RPSs and therefore the definition of EA in the draft regulations is adjusted to reflect this”; and option B – “TWG decides that such organisations are included and no further adjustment is needed to the draft regulations.”
The UK Chamber of Shipping has confirmed TWG went for option A. Those worries facing the superyacht industry’s recruitment agencies – big and small - will become irrelevant. “I think we can put this down to Palma!” declared Dieter Jaenicke, panelist at the MLC Management Meeting and chairman and founder of Viking Crew Management. This is a hugely exciting step and shows the collective power of the industry when voiced in the correct way, and The Superyacht Group is incredibly proud to be a part of this monumental step.
We would like to thank our sponsors RINA Services and Viking Crew Management.
The next Superyacht Management Meeting: Environment & MARPOL will run back-to-back with Management Meeting: Port State Control & Security on 25th and 26th June in Barcelona. To register for either event please email Suzie at suzie@thesuperyachtgroup.com, click here to register online or call the Events team for more information on +44 (0)207 924 4004.
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