Page 23 - Masthead18

This is a SEO version of Masthead18. Click here to view full version

« Previous Page Table of Contents Next Page »

tention that some existing rules have been ignored by the maritime industry and that authorities have looked the other way with regard to enforcement.

The second part of the statement hints at what is to come in the details of the MLC’s text. The result is the imposition of many shoreside labor standards, some sensible and war-ranted, other arguably excessive or unnecessary. In the first example, the provisions of Article III, Fundamental Rights and Principles, include:

1. Freedom of association and the effective recognition of the right to collective bargain-ing

2. The elimination of all forms of forced or compulsive labor 3. The effective abolition of child labor

4. The elimination of discrimina-tion in respect of employment and occupation

No one would oppose the abolition of forced or child labor, but for most, collective bargaining will be a new wrinkle in the business of running a charter yacht. While the elimination of

discrimination is commendable in general, the details of the MLC get into such areas as employment registries and prefer-ence for seniority. It does not allow for the distinctive aspects of yachting, an activity more about personal service, comfort and a client’s particular wishes than it is about running a ship. Some discrimination regarding the selection of personnel deemed suitable for the tasks at hand seems necessary.

Further evidence of what is coming is contained in the provi-sions of Article IV, Seafarers’ Employment and Social Rights:

1. Every seafarer has the right to a safe and secure workplace that complies with safety standards

2. Every seafarer has a right to fair terms of employment 3. Every seafarer has a right to decent working and living conditions on board ship 4. Every seafarer has a right to health protection, medical

care, welfare measures and other forms of social protection

Again, these provisions are hard to dispute in principle, yet the detailed implementation of those provisions will affect yachts-men. These details are contained in the Regulations and the Code. Within this section are five Titles:

Title 1. Minimum requirements for seafarers to wor

a ship

Title 2. Conditions of employment

Title 3. Accommodation, recreational facilities, food

and catering

Title 4. Health protection, medical care, welfare and

social security protection Title 5. Compliance and enforcement

These include a number of areas r garding the manning and operatio vessels and care of their crews. Th more progressive owners will see li change, while others may need to make significant adjustments in th operations. Provisions include:

 Regulation of manning standa and crew training and qualific tions

 Regulation of hours of work a off-duty, including mandatory ment for overtime and provisi for a “weekly day of rest”  Access to free employment se vices and regulation of crew re cruitment services, as well as employment benefits  Requirement for standardized employment agree ments

 Establishment of minimum wage levels and stan-dardization of wage payment procedures  Requirements for shore leave, annual leave (minimum 30 days per year), and provision for “partners, relatives and friends” to visit crew aboa while in port

 Inspection by port authorities of “stores and servic


 Requirements as to food servi and medical care aboard, as as the certification of those pr viding those services, includin minimum sea time for chefs  Food service must “take into a count the differing cultural an religious backgrounds”

As significant as these requiremen might be to yacht owners, Title 3, r lating to vessel design, that is receiving the most attention SYBAss empanelled a group of their designer/builder me bers to look into the consequences of the MLC for new yac those with keels laid after the convention enters into force MLC will address in detail:

 minimum sizes for crew cabin floor area, with ver strict limits on exemptions for yachts under 200

SYBAss studied 20 motoryachts and sailing yachts ranging from 200 to 3,000 GR (the size range of LY2). All yacht designs compared the existing layouts to MLC complaint layouts. Without taking into consideration the equivalencies being proposed to amend the Convention after ratifica‐ tion. MLC has a diminishing impact on motoryachts above 1,250 GRT and sailing yachts above 1,000 GT, but will still result in an increase in mandated crew area. 

“It seems that designers don’t under‐ stand what was written. The problem is nearly solved according to MCA’s TWG 95. Including TWG 95, the extra cost to make a yacht complaint can be less than one percent of the total value” 

—Theo Hooning, Secretary General, SYBAss

Page 23 - Masthead18

This is a SEO version of Masthead18. Click here to view full version

« Previous Page Table of Contents Next Page »