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MLC 2016

MLC2006 and J4Crew.

J4Crew recruitment and placement agency understands the requirements of the Maritime Labour Convention 2006 (MLC2006)

J4Crew does not have a blacklist to prevent seafarers from gaining employment. Select yacht Crew ensures that seafarers recruited or placed by them are qualified for the job concerned:

1. Complaints Procedure
A complaint is classified as any written or spoken expression of dissatisfaction with the service we provide. J4crew takes complaints seriously.
Aiming to
Deal with complaints openly, promptly and honestly Try to resolve complaints amicably as soon as possible Learn from complaints to improve our services
If you would like to register a complaint, please send an e-mail to: joe@wizzwazz.com
Please include the following information in your complaint:
Your name
Your address
Your telephone number
A short description of the events that have led to your complaint, including the names of the people involved.
NOTE: All complaints will be treated in confidence.
J4crew will send you an e-mail to acknowledge your complaint and ask you to confirm or explain the details set out.
Your complaint will be logged in our ‘Complaints Procedure Record’.
At this stage we will do our utmost to resolve your complaint.
You will receive a written reply within 5 working days of your initial e-mail, the time required to investigate your complaint. In certain instances we may have to extend this to 10 working days, in which case you will be informed by e-mail.
Our reply will include the findings from our investigation and suggestions for resolving the matter. If a complaint is unresolved, Select Yacht Crew will advise the complainant and the competent authority:
UK – Maritime and Coastguard Agency (MCA)
MLC 2006 Co-ordination Group,
Bay 2/20 Spring Place
105 Commercial Road
Southampton SO15 1EG
Email: mlc@mcga.gov.uk
Please note the above are only able to deal with complaints that are related to UK ships and ports. Complaints regarding non UK ships or ports should be addressed to the appropriate national authorities for the ship/port concerned.

2. Privacy Statement
J4crew understands the importance of maintaining a high level of security and confidentiality and is committed to privacy for everyone who accesses this website.
DATA CONTROLLER:
The Data Controller is J4crew
J4crew is a crew referral service. This service is completely free of charge to candidates.
YOUR PRIVACY AND THE USE OF DATA SUPPLIED BY YOU:
The personal data we collect from candidates is necessary to help in the recruitment process. This data includes information such as your name, address, email address, career and education history, as well as your nationality and right to work within the relevant jurisdiction.
We collect and process sensitive personal data only so far as is necessary to ensure that we conform to legal requirements and meet our contractual commitments. We will not sell or transfer any of this information to any third party. Any information supplied will be handled in accordance with the Data Protection Act 2002.
THE PERSONAL AND SENSITIVE PERSONAL DATA WILL BE STORED, PROCESSED, USED AND DISCLOSED BY US IN THE FOLLOWING WAYS:
To provide our recruitment services to you and to facilitate the recruitment process.
To enable you to submit your CV, apply online for jobs or to subscribe to alerts about jobs we think may be of interest to you.
To market our full range of recruitment services to you (permanent, temporary and contract placements and career advice.)
TRANSFER OF DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA:
On occasion your data may be disclosed to client employers outside of the European Economic Area. This may happen, for example, if you apply for a position where the employer is based outside the European Economic Area. By registering and using our website, you consent to this disclosure.
ACCEPTANCE:
By accessing our website and registering with J4crew you will be deemed to have accepted J4crew’s use and disclosure of your data as set out in this Privacy statement.
HOW LONG WILL WE KEEP YOUR PERSONAL DATA?
We will hold your information for as long as is necessary to comply with our statutory and contractual obligations and in accordance with our legitimate interests as a data controller.
We will use reasonable endeavours to ensure that your Personal Data is maintained and up to date. You are requested to inform us of any changes to your Personal Data to ensure that it is up to date. We will update or delete your Personal Data accordingly.
YOUR RIGHTS:
You have the right to see the information that we have about you and you have the right to have any inaccurate information we have about you corrected. To exercise these rights please write or email to the address given above and mark your correspondence for the attention of The Data Protection Officer. Please note that we will need to satisfy ourselves that you are the data subject before making any disclosure to you and that there may be a small charge of £10 for this service.
CHANGES TO OUR PRIVACY STATEMENT:
Any changes to our Privacy Statement will be posted on this website so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. If at any time we wish to use your data in a way which is significantly different from that set out in this Privacy Statement, or otherwise as disclosed to you at the time it was collected, we will contact you. You will be given a choice as to whether or not we use the data in the new manner.

3. Fees.
J4Crew does not charge the seafarers for registering or providing them with employment. All placement fees are borne by the employing Vessel/Owner/Captain. However, the seafarer should be aware that costs may be incurred during employment such as a national statutory medical certificate, national seafarers book and passport or similar travel documents. The cost of visa’s should be borne by the client.

4. Seafarers Working and Living Rights.
All seafarers have working and living rights
· employment contracts
· accommodation
· food and medical care
A seafarer is anyone who works on board a seagoing ship, including:
· master and crew
· self-employed contractors
· shopkeepers and hairdressers
· entertainers
A seagoing ship is any vessel:
· on an international voyage or from a foreign port
· on a domestic journey from the UK coast
· more than 500 gross tonnes
The Maritime Labour Convention (MLC) 2006 comes into force on 7 August 2014. It will replace all existing laws on seafarers’ rights.

Working conditions
There are minimum requirements seafarers must meet to work at sea.
Minimum age
Until the Maritime Labour Convention (MLC) becomes part of UK law, the minimum age for seafarers is 16, although this is 18 if the work involves any:
· night work
· hazardous tasks
Hazardous tasks
Manual tasks on a ship can be hazardous if not done properly, like:
· lifting
· hauling
· mooring
· towing
Employers of seafarers must ensure their staff:
· know how to operate any equipment correctly
· are aware of safety procedures
· have access to protective personal equipment if needed
Medical certification for seafarers
Anyone in charge of a ship must have an ENG1 seafarer medical certificate.
Until the UK makes the MLC law, seafarers’ employment agreements are covered by:
· Merchant Shipping Act 1995
· Merchant Shipping Regulations 1991
Certificates of competency
Some seafarers will need a certificate of competency before they can carry out certain duties.

Conditions of employment
Until the UK makes the Maritime Labour Convention (MLC) 2006 law, seafarers’ employment contracts are covered by:
· Merchant Shipping Act 1995
· Merchant Shipping Regulations 1991
Working time regulations
All seafarers on seagoing ships are entitled to:
· a minimum of 10 hours’ rest in any 24 hour period
· 77 hours rest in any 7 day period
· at least 4 weeks’ paid annual leave
Read the Merchant Shipping Regulations 2002 for more information.

The ‘human element’
The term ‘human element’ covers anything to do with the interaction between a human and any system aboard ship, and is of high importance in maritime safety and security.
Factors which affect the human element include:
· recruitment and selection policies and methods
· crew competence, training and experience
· conditions of service, motivation and morale
· design, construction and ergonomics
· standards of build and certification
· maintenance
· stress and fatigue
· security
· living and working conditions
· manning levels and hours of work
· management policies
· safety management systems
· operational systems
· organisational and safety culture
· culture of continuous improvement and workforce engagement
For more information read ‘The human element: a guide to human behaviour in the shipping industry’ on the Maritime and Coastguard Agency (MCA) website.

Safe working practices
All UK ships must carry copies of the ‘Code of Safe Working Practices for Merchant Seamen’, unless it’s a fishing boat or pleasure vessel.
Safe manning of ships
Employers must ensure their ships have enough properly trained and certificated officers so that it can operate safely at all times.
There must also be sufficient food on board for the number of seafarers serving.
Read more in section 2 of the Merchant Shipping Notice 1767.
Download ‘Merchant Shipping Notice 1767 (M) Hours of work, safe manning and watchkeeping’ (PDF, 251KB)
Noise and vibration
A seafarer’s employer must carry out risk assessments to identify who’s at risk from noise or vibration in their work and what can be done to reduce or remove these risks.
Protective personal equipment (PPE)
A seafarer’s employer must give them suitable protective equipment if they’re performing dangerous tasks.
You can find further information on PPE in chapter 4 of the ‘Code of Safe Working Practices for Merchant Seamen’.
Download ‘Code of safe working practices for merchant seamen’ (PDF, 8.61MB)

Living conditions
Until the UK makes the Maritime Labour Convention (MLC) 2006 law, seafarers’ living conditions are covered by the Merchant Shipping Act 1995.
Food and catering
Until the UK makes the MLC law, seafarers’ food and catering conditions are covered by the Merchant Shipping Regulations 1989.
Health and safety
Employers of seafarers must follow health and safety rules and provide:
· safe working places and environment
· safe machinery and equipment
· health and safety training, instruction, supervision and information
· a health and safety policy
· protective clothing and equipment where necessary
· information for workers about the findings of their risk assessment
· information on what qualifications any temporary workers must have
· information about their activities and staff to the company
Risk assessments
Any vessel seafarers work onboard must have had a risk assessment carried out by their employer or the ship owner.
New or expectant mothers
Where women of childbearing age are employed as seafarers, a risk assessment must take place of any potential hazard likely to affect a new or expectant mother.
It doesn’t matter if they are pregnant at the time of the assessment or not.
If a risk is found that cannot be removed, a new or expectant mother working as a seafarer can be suspended on full pay providing they have either:
· told their employer they’re pregnant
· given birth in the last 6 months
· are breastfeeding
For more information on health and safety rules for new and expectant mothers, contact the Seafarer Safety and Health Branch of the Maritime and Coastguard Authority (MCA).
SEAFARER SAFETY & HEALTH BRANCH

02380 329 247
Find out about call charges

Additional dangers
Seafarers may face additional dangers when living onboard ships.
Petrol generators
Ships that use petrol generators must have a risk assessment carried out to make sure they provide:
· sufficient power for accommodation and lighting
· adequate ventilation
· adequate alarms, eg for carbon monoxide alarms
Fumigating cargo spaces
If pesticides are on board a ship, employers must make sure:
· adequate breathing aids are provided for seafarers checking fumigated cargo bulks
· the ship’s destination port is told 24 hours in advance of receiving this cargo
· properly trained personnel check the relevant cargo bulks at port
Download ‘Marine Guidance Note (MGN) 86 (M) Recommendations on the safe use of pesticides in ships’ (PDF, 243KB)
Illegal drugs
The unauthorised presence of drugs on board a ship can have serious legal implications for seafarers and employers, potentially resulting in:
· heavy fines
· detention of a ship
· imprisonment
· the death penalty
Download ‘Marine Information Note (MIN) 375 (M+F) Occupational health and safety leaflets and posters’ (PDF, 295KB)

Potentially dangerous cargo
If seafarers deal with certain toxic cargo or equipment on board ships, their employer must follow a number of specific requirements.
Download ‘Merchant Shipping Note (MSN) 1521 Possible hazards to seamen from oils used on ships’ (PDF, 12KB)
Download ‘MSN 1428 Asbestos – health hazards and precautions’ (PDF, 45KB)
Download ‘MSN 1254 Use of solid carbon dioxide’ (PDF, 10KB)
Download ‘MSN 646 Toxic substances in electronic devices’ (PDF, 31KB)
You can find further information on specialist ships in section 4 of the Code of Safe Working Practices for Merchant Seamen.
Download ‘Code of safe working practices for merchant seamen’ (PDF, 9.34MB)

Health and medical care
Employers must protect their seafarers’ health by:
· providing immunisations for certain infectious diseases
· making sure hygiene measures are effective and minimise the risks of infection
· making arrangements for infection control
· having the right medical supplies
· knowing the routes and destinations of their ships
Download ‘Marine Guidance Note (MGN) 399 Prevention of infectious disease at sea by immunisations and anti-malaria medication’ (PDF, 327KB)
Download ‘MGN 38 (M+F) Contamination of ships’ air conditioning systems by Legionella Bacteria’ (PDF, 183KB)
Download ‘Communicable diseases’ (PDF, 90KB)
Until the UK makes the Maritime Labour Convention (MLA) law, seafarers’ health and safety regulations are covered by the Merchant Shipping Act 1995

Maritime Labour Convention
The Maritime Labour Convention (MLC) comes into force for the UK on 7 August 2014. It sets out the minimum working and living rights for seafarers.
The Maritime and Coastguard Agency (MCA) has produced draft guidancefor how employers and seafarers can prepare to meet the MLC.
Exemptions
The MLC doesn’t cover seafarers serving on the following boats:
· ships navigating inland or sheltered waters subject to port regulations
· fishing vessels
· warships and naval auxiliaries
· traditional ships, such as dhows
Minimum requirements
The MLC sets out minimum standards for seafarers to work on a ship, including:
· minimum age
· medical certification
· training and qualifications
Age
The minimum age for seafarers will be 16. Night workers have to be 18 or over.
Exceptions can be allowed for:
· training purposes
· where the seafarer’s duties require it, as long as their health and safetyisn’t affected
Medical certification
All seafarers must have the right medical certificate to work at sea before they can work on ships.
Training and qualifications
Under the MLC, seafarers will need to:
· be trained and qualified to perform onboard duties
· receive personal safety training
· for training to conform to International Maritime Organisation standards
Find out more about seafarer training and qualifications on the MCAwebsite.
Conditions of employment
Under the MLC, seafarers will have minimum working rights covering:
· employment agreements
· wages
· hours of rest
· entitlement to leave
· repatriation
· compensation for a ship’s loss or foundering
· manning levels
· career and skills development
· employment opportunities
Employment contracts
The convention makes sure contracts between seafarers and shipowner provide fair living and working conditions.
Contracts should be in English and include:
· shipowner’s name and address
· seafarer’s name, date and place of birth
· place and date where agreement signed
· conditions for the termination of agreement
· health and social security protection benefits provided by shipowner
· seafarer’s right to repatriation
Seafarers must also be:
· allowed to read and consider contracts before signing them
· given a record of their employment
· given their own copy of their contract (the shipowner should also have a copy)
Wages
Under the MLC, seafarers’ wages will be:
· paid regularly, ie monthly
· include monthly statements of accounts
· allow seafarers to transfer part or all of their wages
· keep currency conversion charges to reasonable limits
Hours of rest
Hours of rest must be at least:
· 10 hours in any 24 hour period
· 77 hours in any 7 day period
Crew exercises, eg lifeboat drills, must cause minimal disruption to rest periods. Seafarers called out in a rest period are entitled to a rest period to make up for it.
Download ‘Merchant Shipping Notice (MSN) 1848 (M) Maritime Labour Convention 2006, Survey and certification of UK ships’ (PDF, 383KB)
Holiday pay
Under the MLC, seafarers will be entitled to paid leave calculated at 2.5 days per calendar month of employment.
Read more about holiday pay for seafarers in the Merchant Shipping Regulations 2002.
Repatriation
This gives seafarers the right to be returned to their home country:
· when their employment contract ends or is cancelled
· when they’re no longer able to carry out their duties
· in the event of shipwreck
· if their ship is bound for a war zone they haven’t agreed to go to
Shipowners cannot request advance payment for repatriation from seafarers. If a shipowner doesn’t make repatriation arrangements, seafarers on UK ships can be repatriated by the MCA.
Accommodation and recreational facilities
The Maritime and Labour Convention (MLC) will make sure seafarers have access to decent accommodation and recreational facilities when living on ships.
Medical care
These will cover seafarers’ rights to:
· decent on board health protection facilities, including essential dental care
· the right to visit qualified medical personnel while in port
· access to a qualified medical doctor on ships carrying more than 100 people on international voyages lasting more than 3 days
· where there is no doctor on board, there must be designated and able seafarer(s) to provide first aid and medical care
Shipowner’s liabilities
Under the MLC, if a seafarer suffers accident or disability because of their work the shipowner must provide where necessary:
· assistance and medical care
· repatriation
· burial or cremation, if they die
The shipowner must have financial cover in case they are liable for compensation for long-term disability or illness.
A shipowner is not liable when an injury is not related to a seafarer’s duties, when it’s caused by wilful misconduct or when a seafarer intentionally hides an illness or disability.
Health and safety protection
Under the MLC, seafarers’ work environments on ships must:
· have regular risk assessments of workplace hazards, eg from machinery
· take steps to prevent work accidents
· have a system for reporting accidents and occupational diseases
Enforcement
Under the MLC, the MCA can withdraw a ship’s maritime labour certificate if seafarer living and working conditions are breached.
Complaints
Seafarers can complain if the MLC hasn’t been followed. On board a ship seafarers can complain to a manager. On shore seafarers can complain to anMCA surveyor.
Download ‘MSN 1849 Onboard complaints procedure’ (PDF, 54KB)
Download ‘Marine Guidance Note (MGN) 487 Onshore complaints procedure’ (PDF, 55KB)
—————————————————————————
PRIVACY STATEMENT:
J4crew understands the importance of maintaining a high level of security and confidentiality and is committed to privacy for everyone who accesses this website.

DATA CONTROLLER:
The Data Controller is j4crew

J4crew is a crew referral service. This service is completely free of charge to candidates.

YOUR PRIVACY AND THE USE OF DATA SUPPLIED BY YOU:
The personal data we collect from candidates is necessary to help in the recruitment process. This data includes information such as your name, address, email address, and career and education history, as well as your nationality and right to work within the relevant jurisdiction.

We collect and process sensitive personal data only so far as is necessary to ensure that we conform to legal requirements and meet our contractual commitments.

THE PERSONAL AND SENSITIVE PERSONAL DATA WILL BE STORED, PROCESSED, USED AND DISCLOSED BY US IN THE FOLLOWING WAYS:

To provide our recruitment services to you and to facilitate the recruitment process;

To enable you to submit your CV, apply online for jobs or to subscribe to alerts about jobs we think may be of interest to you;

To market our full range of recruitment services to you (permanent, temporary and contract placements and career advice);

TRANSFER OF DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA:
On occasion your data may be disclosed to client employers outside of the European Economic Area. This may happen, for example, if you apply for a position where the employer is based outside the European Economic Area. By registering and using our website, you consent to this disclosure.

ACCEPTANCE:
By accessing our website and registering with j4crew you will be deemed to have accepted j4crew’s use and disclosure of your data as set out in this Privacy statement.

HOW LONG WILL WE KEEP YOUR PERSONAL DATA?
We will hold your information for as long as is necessary to comply with our statutory and contractual obligations and in accordance with our legitimate interests as a data controller.

We will use reasonable endeavours to ensure that your Personal Data is maintained and up to date. You are requested to use your best endeavours to inform us of any and all changes to your Personal Data to ensure that it is up to date and we will update or delete your Personal Data accordingly.

YOUR RIGHTS:
You have the right to see the information that we have about you and you have the right to have any inaccurate information we have about you corrected. To exercise these rights please write or email to the address given above and mark your correspondence for the attention of The Data Protection Officer. Please note that we will need to satisfy ourselves that you are the data subject before making any disclosure to you, and that there may be a small charge (£10) for this service.

COMPLAINT RESOLUTION:
Should you have any concerns or complaints about our website or data protection issues, please write in the first instance to our Data Protection Officer at the above address. The Data Protection Officer will review your concern or complaint and try to resolve the problem.

CHANGES TO OUR PRIVACY STATEMENT:
Any changes to our Privacy Statement will be posted on this website so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. If at any time we wish to use your data in a way which is significantly different from that set out in this Privacy Statement, or otherwise as disclosed to you at the time it was collected, we will contact you and you will have a choice as to whether or not we use the data in the new manner.