Answers to the most popular questions about MLC 2006: What You Need to Know
A: The Marshall Islands MI-118 defines the Discharge book under “proof of experience” in section 3.2.1 Paragraph 1 and 2.
3.2.1 Proof of experience
Each applicant for an endorsement certificate, in addition to complying with the general requirements of paragraph 2.11 above, must provide evidence of at least one (1) year of total actual sea service during the five (5) years immediately preceding the date of application, except as provided in 2.11.14 above.
126.96.36.199 Acceptable documentation
Seafarer’s books, certificates of service, forms of discharge and other documents that certify the amount and character of experience and identify the vessels upon which served shall be examined as to their authenticity. Any indication of unauthorized alteration or other invalidity shall render such documents unacceptable.
Proof of sea service can be satisfactorily established by providing a copy of the applicant’s official Seafarer’s (discharge) book or a certified transcript of sea service from the seafarer’s employer(s). For certification of service aboard Marshall Islands vessels, the applicant must provide a copy of the applicant’s SIRB, MI-272, or a certificate of service in accordance with Marshall Islands Maritime Regulation 7.47.3.
188.8.131.52 Originals or copies
An applicant who files in person may exhibit original proofs of service or experience, which will be returned to the applicant after copies are made. All others must submit copies of their discharge books or certificates of service in lieu of the original documents.
A: The MLC covers circumstances applicable for dental care in Standard A4.1 – Medical care on board ship and ashore and is defined by The Marshall Islands M1-108 (Maritime Act) Section 7.42.1.d as follows:
7.42 Medical care of officers and crew.
7.42.1 Responsibility of shipowner/operator.
Shipowners and operators shall ensure that health protection and medical care (including essential dental care) are provided for seafarers working on board vessels taking into consideration cultural and religious backgrounds are maintained which:
(a) ensures the application to seafarers of any general provisions on occupational health protection and medical care relevant to their duties, as well as of special provisions specific to work on board vessels;
(b) gives health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise;
(c) gives seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable;
(d) ensures that, to the extent consistent with the Maritime Act and practice, medical care and health protection services while a seafarer is on board a vessel or landed in a foreign port are provided free of charge to seafarers;
(e) are not limited to treatment of sick or injured seafarers but include measures of a preventive nature; and f. provide for the use of a standard medical report form, the contents of which shall be kept confidential and shall only be used to facilitate the treatment of seafarers.
A: Employment Agreement:
MLC does not provide a specific time period for a contract. This needs to be defined in the Seafarer Employment Agreement.
Title 2 of MLC Standard 12.1 – Seafarer’s employment agreements in paragraph 4 (g) (i, ii, iii) answers this question.
12.1.4. Each Member shall adopt laws and regulations specifying the matters that are to be included in all seafarers’ employment agreements governed by its national law. Seafarers’ employment agreements shall in all cases contain the following particulars:
(a) the seafarer’s full name, date of birth or age, and birthplace;
(b) the shipowner’s name and address;
(c) the place where and date when the seafarers’ employment agreement is entered into;
(d) the capacity in which the seafarer is to be employed;
(e) the amount of the seafarer’s wages or, where applicable, the formula used for calculating them;
(f) the amount of paid annual leave or, where applicable, the formula used for calculating it;
(g) the 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 ship owner 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 discharged.
RMI issued at Marine Guideline MG-7-46-1 which provide a clear guideline for the core items that need to be included in the Seafarer Employment Agreement while employed on RMI vessels.
(All terminology was kindly confirmed as correct by IRI/The Marshall Islands Registry.)
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