Guidelines On The Implementation of The Maritime Labour Convention On Board of German Flagged Ships (MLC-Guideline)
Guidelines On The Implementation of The Maritime Labour Convention On Board of German Flagged Ships (MLC-Guideline)
Guidelines On The Implementation of The Maritime Labour Convention On Board of German Flagged Ships (MLC-Guideline)
Revision 2/2013
Revision 2/2013 II
Guidelines on the implementation of the
Maritime Labour Convention on board of
German flagged ships
(MLC-Guideline)
Revision 2/2013 IV
Declaration of the Dienststelle Schiffssicherheit on the
implementation of the Maritime Labour Convention in Germany
the working and living conditions for seafarers on board of German flagged
ships are compliant with the standards of the Maritime Labour Convention,
the measures laid down in the Declaration of Maritime Labour Compliance will
be followed to comply with the national requirements and
ships in international voyage with a gross tonnage of 500 tons or more are
holding a valid Maritime Labour Certificate and a Declaration of Maritime
Labour Compliance.
To achieve the objectives the inspections of seafarers´ working and living conditions
are carried out periodically. The inspection and implementation of the requirements
of the Maritime Labour Convention will be ensured by the following consistent
principles:
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Inspectors will not be assigned with tasks which might influence the effective
and independent inspection.
Due to the system for inspection and certification it is ensured, that the
verification work carried out by the RO is sufficient and meets the
requirements of the Maritime Labour Convention.
The procedures describing the system for the inspection and certification of
the Maritime Labour Conditions are part of the quality management system of
the Dienststelle Schiffssicherheit and are subject to periodical internal and
external evaluations.
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Content
Legend
Abbreviations
1. Preamble 1
4. Annex 71
Important note
Model
Documents to review
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1. Preamble
1
This guideline contains further information concerning the implementation and en-
forcement of the Maritime Labour Convention by the German Flag State for ships,
except fishing vessels, flying the German flag. Content and structure follows the ILO-
Guidelines for Flag State Inspections under the Maritime Labour Convention, 2006.
The guideline, conceived to provide practical help, offers information especially to:
In Germany the Maritime Labour Act lays down the scope of the Maritime Labour
Convention.
Ships
The Maritime Labour Act applies to all merchant vessels (ships) flying the German
flag according to the German Flag Act. Merchant vessels in this context are commer-
cially operated ships whose owners are German or nationals of an EU member state.
[cf. § 1 (1) SeeArbG; §§ 1,2 FlRG]
Commercial used pleasure crafts with a length of less than 24 metres with not more
than 2 persons employed on board, traditional vessels and ships, which does not
leave or does not intend to leave waterways of Zone 1 and 2 under Annex I of the
Inland Waterway Vessels Investigation Act, are excluded from the application of the
Maritime Labour Act.
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Seafarers
Seafarer means any person working on board a ship regardless whether they are
employed by the shipowner or another person or if they are self-employed persons,
including persons employed for their vocational training (crew members). [cf. § 3 (1)
SeeArbG]
3. persons carrying out repair work which may not be postponed and mainte-
nance work which may not be carried out or is not permitted to be carried
out by crew members themselves, performing work on board as a rule not
more than 96 hours,
5. artists for entertaining passengers carrying out work on board not more
than 72 hours,
7. persons, staying on board the ship for carrying out from it specific works for
construction, modification and operation of structures, artificial islands and
other offshore installations,
10. school students receiving insight into the seafarer's job but not working on
board arranged by German Shipowner Federation (Verband Deutscher
Reeder) based on a contract during their holidays,
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Despite the exemption from the term crew member the provisions of the Seearbeits-
gesetz apply to the above mentioned groups of persons as follows:
[cf. § 3 (4) SeeArbG]
1
X X X X X X X X X X X X
(§ 10 SeeArbG)
Organization on board
X X X X X X X X X X X X
(§§ 120 -126 SeeArbG)
Medical fitness
X X X X X
(§§ 11 - 20 SeeArbG)
Work and rest hours
X X X
(§§ 42 -55 SeeArbG)
Repatriation
X X X
(§§ 73 - 80 SeeArbG)
Accomodation and rec-
reational facilities X X X
(§§ 93 - 96 SeeArbG)
Food and catering
X X X
(§§ 97, 98 SeeArbG)
Medical and social care
X X X
(§§ 99 - 113 SeeArbG)
Special protection of
young seafarers X X X
(§§ 117,118 SeeArbG)
Right of complaint and
complaint procedure X X X
(§§ 127, 128 SeeArbG)
Instruction about occu-
pational safety and he-
X X X X X X
alth regulations
(§ 3 (4) SeeArbG)
Safety familiarization
X X X X X X
training (§23 SeeArbG)
Service obligation
X
(§ 32 SeeArbG)
Prevention of hazards
to the ships X
(§36 SeeArbG)
The Dienststelle Schiffssicherheit may give permission that persons mentioned under
number 2 and 3 may work on board longer than 96 hours without being a crew mem-
ber. The permission is bound to the following conditions: [cf. § 3 (3) SeeArbG]
The permission applies to a designated person only
The work takes place on a specified voyage
The work is necessary for a certain task which is not part of the normal ships
routine and cannot be carried out by the crew itself
The intended assignment takes no longer than 3 weeks
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The name of the persons which are not crew members or passengers, the purpose
as well as the beginning and end of their stay on board have to be recorded in the
ship's log book immediately. [cf. § 3 (5) SeeArbG]
Young crew members are crew members under the age of eighteen. [cf. § 7 SeeArbG]
Shipowner is the owner of the ship or the person or organization, who has assumed
the responsibility for the operation of the ship from the owner and who takes over the
duties of the shipowner according to the Maritime Labour Act/Maritime Labour Con-
vention. [cf. § 4 (1) SeeArbG]
Other employer; If the shipowner is not the employer of the seafarer the duties ac-
cording to the Maritime Labour Act/Maritime Labour Convention apply to the other
employer, too. The shipowner retains overall responsibility especially in cases when
the other employer offends his obligations. [cf. § 4 (2) SeeArbG]
Hours of work means time during which the crew member is required to do work.
[cf. § 2 (6) SeeArbG]
Hours of rest means time outside hours of work, this term does not include short
breaks (rest periods) according to § 45 (2) and § 53 (5) SeeArbG. [cf. § 2 No.7 SeeArbG]
Holidays are in Germany the public holidays at the place where the ship is moored
or at anchor, abroad and at sea the public holidays of the ships' port of registry.
[cf. § 2 No. 8 SeeArbG]
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According to the Maritime Labour Convention all ships have to be inspected regularly
by the Flag State to verify compliance of the working and living conditions as laid
down in national rules and regulations. The inspection and certification process de-
scribed in the following ensures that the requirements of the Maritime Labour Con-
vention are fulfilled and enforced.
2
On board of ships especially the following working and living conditions have to be
inspected:
[cf. § 129 (1) SeeArbG]
1. Minimum age
2. Medical fitness
3. Manning levels of the ship, crew list, qualifications
4. Recruitment service
5. Conditions of employment including hours of work and hours of rest
6. Accommodation and recreational facilities
7. Food and Catering
8. Safety and health at work, medical and social care
9. Organization on board and complaint procedure
These items are part of every inspection. The inspections are not limited to the above
mentioned items; compliance of all working and living conditions will be inspected on
board.
All ships covered by the Maritime Labour Act are subject to inspections by the Di-
enststelle Schiffssicherheit. It is differentiated between certified and non-certified
ships.
Certified ships
Certified ships are all ships of 500 gross tonnage or over, engaged in international
voyage or operating from a port or between ports in another country. They have to
carry and maintain the following documents on board: [cf. §§ 130, § 132 SeeArbG]
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Non-certified ships
The timeframe of 3 years starts on the day of the first inspection after the Maritime
Labour Act came into force in Germany.
The following data have to be transmitted with the initial application and in case of
their changes (Declaration of shipowner´s responsibility):
The procedure for newbuildings is analogous to the procedure for certified ships. Be-
fore carrying out the initial inspection a plan approval of accommodation and recrea-
tional facilities has to be made. During the inspection on board it will be verified
weather the details in the plan are corresponding with the local conditions.
The Dienststelle Schiffssicherheit is responsible for the inspection of the working and
living conditions on board of German flagged ships. However, the shipowner may
assign a RO to carry out inspections on certified ships under the following prerequi-
sites:
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2
are in compliance with the requirements. An intermediate inspection shall be carried
out between the second and third anniversary date of the certificate to maintain the
validity of the Maritime Labour Certificate. [cf. § 129 (2); § 130 (2), (5) SeeArbG]
An Interim Maritime Labour Certificate can be issued with a maximum validity of six
(6) months, when [cf. § 131 (1), (4) SeeArbG]
the shipowner assumes responsibility for a type of ship that is new to this shi-
powner.
The Dienststelle Schiffssicherheit may issue a Short Term Certificate with a validity of
not longer than six (6) months, if an inspection of the working and living conditions
has taken place and a full term Maritime Labour Certificate can not be issued in time
prior to the expiry of the existing certificate.[cf. § 131 (2) SeeArbG]
Models of the Maritime Labour Certificate and of the Interim Maritime La-
bour Certificate are attached in annex 1 and 2 of this guideline.
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The RO shall immediately notify the Dienststelle Schiffssicherheit about the issuance
of an officially recognized Maritime Labour Certificate and shall submit a copy of the
certificate. The certificate shall be drawn up in the form corresponding to the models
given in Appendix A5-II of the Maritime Labour Convention.
The Maritime Labour Certificate, the Interim Maritime Labour Certificate, the Short
Term Certificate and the officially recognized Maritime Labour Certificate become
invalid, when [cf. § 130 (6) SeeArbG]
the intermediate inspection was not endorsed or carried out in the time al-
lowed,
DMLC Part II is to be completed by the shipowner and must identify the measures
adopted to comply with the national requirements set out in Part I between inspec-
tions, and the measures proposed to ensure continuous improvement. Thereby it has
to be specified
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Within the scope of measures the shipowner and the master should inform them-
selves about the current technical progress and scientific findings regarding work-
place design to ensure safe working and living conditions.
The measures taken may be described directly in DMLC Part II. It is also
2
possible to make a reference to other documentations of the shipowner
that contain a comprehensive description of the stipulated measures, e.g.
procedures in the Safety Management System.
The following data have to be transmitted with the initial application and in case of
changes (Declaration of shipowner´s responsibility):
Name and contact details (phone, email, telefax) of the contact person for
MLC-matters,
The Dienststelle Schiffssicherheit reviews and issues the Declaration of Maritime La-
bour Compliance. The following steps should be attended to:
The shipowner has to develop the required measures to comply with national
regulations on the basis of DMLC Part I. These measures have to be de-
scribed in DMLC Part II. Form Verification list DMLC II may be used for the
preparation of DMLC Part II.
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The certified DMLC will be handed out by the inspector immediately if the in-
spection on board gives evidence about the compliance with the requirements
of the Maritime Labour Convention.
2.3 Inspections
The on-going compliance with the requirements of working and living conditions on
board will be ensured by a system of different inspections appropriate to the situa-
tion. These inspections have to be carried out on board the ship, which needs to be
inspected.
initial inspections,
intermediate inspections,
additional inspections.
For ships constructed after effective date of the Maritime Labour Act all rele-
vant drawings about arrangement and furnishing of the accommodation and
recreational facilities must be reviewed by the Dienststelle Schiffssicherheit or
a RO. (Documentary proof by Checklist Accommodation and recreational fa-
cilities)
For ships constructed before the effective date of the Maritime Labour Act evi-
dence shall be presented that the accommodation and recreational facilities
comply with the Ordinance on Crew Accommodation on board Merchant Ships
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During the inspection it will be verified whether the information obtained by the
document review of the accommodation comply with the conditions on board.
This process need not be repeated in case of the following inspections except
significant alterations of accommodation spaces have been made.
the shipowner has submitted a draft for a DMLC Part II to the Dienststelle
2
Schiffssicherheit that contains measures and procedures to be implemented
on board,
the measures and procedures stated in the draft DMLC Part II are appropriate
to comply with the requirements of the Maritime Labour Convention,
an inspection on board of the ship was carried out with respect to Appendix
A5-I of the Maritime Labour Convention, if it is appropriate and practical,
it is verified, that the master is familiar with the requirements of the convention
and his responsibility for the implementation.
A certified Declaration of Maritime Labour Compliance is not required for the period
of validity of the Interim Maritime Labour Certificate.
A full inspection (Initial) of the working and living conditions according to DMLC Part I
is to be carried out before the expiration of the Interim Maritime Labour Certificate
and before the issue of the Maritime Labour Certificate.
The following points have to be considered before carrying out the initial inspection:
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The Maritime Labour Certificate and the Declaration of Maritime Labour Compliance
will be issued after a complete inspection of the working and living conditions men-
tioned in DMLC Part I and the implementation of the measures described in DMLC
Part II have been carried out.
An intermediate inspection must be carried out in order to ensure the ongoing com-
pliance with the national requirements for the implementation of the Maritime Labour
Convention. Furthermore, it will be verified if the measures according to DMLC Part II
are duly implemented. The intermediate inspection must be carried out between the
2nd and 3rd anniversary date of the certificate. The scope and depth of the interme-
diate inspection corresponds with the scope and depth of the renewal inspection of
the Maritime Labour Certificate. The certificate is to be endorsed after having com-
pleted the inspection satisfactorily
If the renewal inspection is completed more than three months before the expiry
date of the existing Maritime Labour Certificate, the new Certificate will be valid for a
period not exceeding five years starting from the date of completion of the renewal
inspection.
If the renewal inspection is completed after the expiry date of the existing Maritime
Labour Certificate, the new certificate will be valid from the day of completion of the
renewal inspection to a date not exceeding five years from the date of expiry of the
existing Maritime Labour Certificate.
If evidence exists that a ship does not comply with the requirements of the Maritime
Labour Convention or if there are serious lacks concerning the implementation of
measures drawn up in DMLC Part II, the Dienststelle Schiffssicherheit will initiate an
additional inspection. This inspection serves to ensure the ongoing compliance with
the national legislations for the implementation of the Maritime Labour Convention.
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A Maritime Labour Certificate ceases to be valid when substantial changes are made
to accommodation spaces. Following measures need to be completed before the is-
suance of a new Maritime Labour Certificate:
A new Maritime Labour Certificate will be issued with the period of validity of the ex-
isting certificate if the inspection reveals that accommodation spaces and recrea-
tional facilities comply with the requirements.
Deficiency: means an observed situation where objective evidence indicates the non-
fulfillment of a specified requirement.
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Preparation
To support the inspection the inspector may prepare an inspection plan and coordi-
nate it with the ship's command.
Opening meeting
Apart from introducing himself the inspector should address and coordinate following
topics with the ship's master and officers before starting the inspection:
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Due to the scope and complexity the inspection of the working and living conditions
can only be carried out on a random check basis. Every inspector has to use his pro-
fessional judgment on-site to determine the depth and scope of Inspecting the vari-
ous requirements of the Maritime Labour Convention. Principally, the inspection must
be planned and carried out on the basis of the checklist "Maritime Labour Act".
If inspections are carried out and appropriate measures for the rectification of defi-
ciencies are adopted, all appropriate efforts must be made to avoid the detention or
2
undue delay of the ship.
Essentially, the inspection of working and living conditions on board must be carried
out by:
At the end of the inspection the inspector shall evaluate the findings and determine,
which observations are to be recorded as a deficiency.
In case of serious deficiencies the Dienststelle Schiffssicherheit may prohibit the ship
to sail or to continue its voyage until appropriate measures are taken or the deficien-
cies are rectified. [cf. § 143 (3) SeeArbG]
Final meeting
Before issuing the required documents a final meeting must be carried out with the
master and senior officers of the ship. During the meeting the general inspection re-
sults as well as the identified deficiencies in the implementation of national require-
ments for the implementation of the Maritime Labour Convention must be presented.
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Further it needs to be ensured that the master and officers understand the basis of
the identified deficiencies.
2.5 Documentation
Inspection report
After the final meeting the inspector needs to provide an inspection report and hand it
out to the master. The inspection report is intended to offer traceability and transpar-
ency of the inspection as well as to document the effective rectification of deficien-
cies. In case of ships carrying a Maritime Labour Certificate and depending on the
scope of the inspection the Maritime Labour Certificate is to be endorsed or an In-
terim- or Short Term Maritime Labour Certificate is to be issued.
Two copies of the inspection report are to be given to the master. One copy is to be
attached to the Declaration of Maritime Labour Compliance (on certified ships) and
the second copy is to be posted on the notice board of the ship.
Another copy of the inspection report is to be retained by the inspector. He must for-
ward the report to the Dienststelle Schiffssicherheit within 1 week.
Determined deficiencies, corrective action and period of time for their rectification
have to be reported in a clear and understandable way in the inspection report by
referring to the national regulations applied.
If it is evidently not possible to rectify the deficiencies before departure, the shi-
powner or the master has to submit an action plan which names appropriate correc-
tive action. The inspector reviews the proposed corrective action. If it is appropriate,
he may accept it and determine an appropriate period of time for its implementation.
The period for rectification is to be determined by the inspector with due regard to the
single deficiencies. Following dates for rectification are to be considered:
• Before departure
• Within 14 days
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• Other date
When determining appropriate corrective action, basically the following factors may
be taken into consideration:
2
• Nature of cargo
If inspections are carried out by a RO, the inspector may use the inspection report
template of the RO. It has to be ensured that the report contains at least the following
information:
• Scope of inspection
• Inspection results
• Deficiencies found and statement if the deficiencies were rectified before de-
parture
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Deviating Agreements
Basically, German law applies to all German flagged ships. Under certain conditions
the application of foreign law may be agreed between the shipowner and foreign
crew members. These agreements underlie compelling limits. [cf. § 9 SeeArbG]
1. The minimum standards of the Maritime Labour Convention are always appli-
cable. Under no circumstances it is acceptable to fall below this standard,
3. Foreign law must not be agreed for law sectors, on which a special public in-
terest exists (so called mandatory overriding rules with the right and duty of in-
tervention). German law is mandatory for the following sectors:
• Paid sick leave
3
• Medical and social care
• Repatriation
• Organization on board
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Foreign law may be agreed for following provisions if the agreements comply with the
minimum standards of the Maritime Labour Convention:
Notice period
Ordinary termination:
Notice periods in accordance with § 66 SeeArbG
At minimum 7 days notice period, but less is ac-
Extraordinary termination (only for important ceptable according to national law.
cause and because of urgent family reason):
without notice (= no observance of notice period )
employment protection
Amount of wages
The amount of crew members´ wages may be
freely agreed. There should be no significant
disproportion between the amount of wages and
the employee's service (no violation of morality).
Benchmarks for the amount of wages are the
no mandatory regulations
achievable wages in international comparison.
Paid annual leave for crew members shall be at no mandatory regulations (only guideline B 2.4.1)
minimum 30 calendar days; in case of crew Minimum leave: 2,5 calendar days per month of
members under 18 years 32 days of leave, and employment
in case of crew members under 17 years 34 days
of leave have to be granted.
If the application of foreign law has been agreed, this should be mentioned in the
employment agreement in particular to provide legal certainty.
Data protection
The shipowner and the master have to ensure that crew members´ employment
agreements, accounts of payment, certificates of medical fitness, medical files as
well as all other documents with personal data are kept on board in a way that no
unauthorized third party may gain knowledge of it. [cf. § 8 (1) SeeArbG]
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Requirements
Minimum Age
Persons below the age of 16 as well as persons, for whom a full time school
attendance is compulsory, shall not work on a ship as a crew member.
[cf. § 10 (1) SeeArbG]
th
Note: The mandatory full time school attendance generally lasts until the completion of the 9
th
year of school attendance, in some Federal states until the end of the 10 year of attendance
at school.
At night time during 20:00 p.m. and 6:00 a.m. work of young crew members is
prohibited. [cf. § 53 (6) SeeArbG]
3
Exceptions: [vgl. § 53 (4), (6); § 54 (1) No. 4 SeeArbG]
During watch duty at sea young crew members may be employed from
5:00 a.m.
The beginning of watch duty at sea may be put forward at 4:00 a.m. if
otherwise the effective training of the crew member would be impaired.
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Number 3 and 8 are not applicable to the employment of young crew members
if it is necessary to achieve their education targets and if there is a guarantee
that there is supervision by a knowledgeable person and the air threshold limit
for hazardous substances is not exceeded (No. 6).
The master has to verify particularly in case of the following tasks, whether
young crew members are excluded from such work, considering the above
mentioned restrictions: [vgl. § 117 (3) SeeArbG]
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- Crew list
- Passports
- Records of hours of work
- Table of shipboard working arrangements
- Recent accident reports and reports of the ship's safety committee
- Risk assessment of hazards connected with work of young crew
members
- Exceptions concerning the prohibition of work during night time
- Conducting private Interviews
- Measures DMLC Part II
Have types of hazardous works been identified and young crew members are
informed about the prohibition of these works?
3
Were young crew members involved in accidents?
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Requirements
Certificate of medical fitness
Crew members shall not work on a ship unless they are certified as medically
fit to perform their duties. [cf. § 11 SeeArbG]
The crew member must hold a Certificate of Medical Fitness attesting that he
is medically fit to perform his duties. [cf. § 12 (1) SeeArbG]
The form of the Certificate of Medical Fitness must comply with the muster
published in the Verkehrsblatt or Bundesanzeiger.
http://www.bg-verkehr.de/ship-safety-division/maritime-medical-
service/medical-fitness-seafarers
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Note: Requirements for medical certificates are regulated in section A-I/9 of the STCW-Code.
- Crew list
- Certificate of Medical Fitness
- Ship´s log books
- Conducting private interviews
- Measures DMLC Part II
Do entries in log books and private interviews confirm that seafarers are only
performing works they are medically fit for?
3
Is the maximum period of extension of 3 months kept in cases where a certifi-
cate has expired?
Do the foreign medical certificates comply with the requirements of the STCW-
Convention?
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Requirements
Certificate of Competence
Crew members shall not work on a ship unless they are trained or certified as
competent or otherwise qualified to perform their duties. [cf. § 23 SeeArbG]
Before being assigned to shipboard duties, all seafarers shall receive safety
familiarization training according to Section A-VI/1 paragraph 1 of the STCW-
Code. [cf. § 23 SeeArbG]
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Requirements
General notes
A company may only make use of a private seafarer recruitment and place-
ment service (placement provider) based in Germany if the placement pro-
vider is able to submit a written attestation of the Dienststelle Schiffssicherheit
that it is compliant with the requirements according to § 25 SeeArbG.
[cf. § 24 (1) SeeArbG]
3
Note: In addition, the company may also ensure by auditing that private recruitment and
placement services based in countries that have not ratified the Maritime Labour Convention
are compliant with the requirements of regulation 1.4 of the Maritime Labour Convention.
If crew members are directly recruited by the company or the Federal Em-
ployment Centre, this must be noted. In this case, no further measures are
necessary.
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Do private interviews with some crew members confirm that they did not pay a
fee or other charge to a recruitment or placement service and that the recruit-
ment and placement service does not operate a "black list"?
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Requirements
Written employment agreement
The shipowner must hand out or provide a draft agreement to the crew mem-
ber including applicable collective bargaining agreements and company or
shipboard agreements in due time before signing the agreement.
[cf. § 28 (1) SeeArbG]
The shipowner must not be conclusively the employer of all crew members. If
the employer of the crew member is other than the shipowner the shipowner
still has to sign the employment agreement for acknowledging his obligations
according to public law. [cf. § 29 (1) SeeArbG]
3
to give a copy of the authorization together with the copies of the
employment agreements on board the ship.
Every seafarers´ employment agreement shall in all cases contain the follow-
ing particulars:
[cf. § 28 (2) SeeArbG]
1. the shipowner´s full name and address; in case of another employer than
the shipowner the full name and address of both the employer and the shi-
powner
2. the crew member's full name, date of birth, place of birth and full address
3. the description of the duties, the crew member has to perform; if applica-
ble, any limitations of jobs to special ships or trade areas
4. the date of the commencement of employment engagement, the place and
date of beginning service on board under specification of the ship
5. in case of a fixed-term employment agreement the intended period of the
employment agreement
6. the composition and the amount of the wages including the surcharges,
bonuses, awards and special payments or the formula used for calculating
the wages, as well as the due date of the wages
7. the agreed hours of work and hours of rest
8. the duration of paid annual leave
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The shipowner must provide the trainee and his legal representative with a
draft agreement including applicable collective bargaining agreements, com-
pany and shipboard agreements well in time before the intended signing.
[cf. § 82 (1) SeeArbG]
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3
It must be ensured that crew members easily receive clear information about
agreement conditions. For this purpose a copy of the Maritime Labour Act and
the Maritime Labour Convention must be provided on board at a suitable loca-
tion, as well as a copy of each single employment agreement and agreement
about apprenticeship shall be carried on board. [cf. § 29 (1) SeeArbG]
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The ordinary termination towards a master or a ship officer can only be given
by the ship owner. [cf. § 65 (3) SeeArbG]
1. one week within the first 3 months of the agreement (legal probation
period)
2. if the first voyage takes longer than three months, during the first six
months the termination may be declared within three days after the end
of the voyage with a notice period of one week (extended legal proba-
tion period)
3. four weeks to the 15th day or to the end of the calendar month if the pe-
riods mentioned in number 1 and 2 are expired
4. two months to the end of the calendar month if the employment en-
gagement has existed for at least two years
For the master applies from the beginning of the employment engagement a
notice period of 4 weeks to the 15th day or to the end of the calendar month.
[cf. § 66 Abs. 1 SeeArbG]
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The crew member or the shipowner on their own may terminate the contract
for compelling reason without observing the period of notice (extraordinary
termination). Furthermore, the crew member may terminate the contract for
important family reasons without a notice period. [cf. §§ 67, 68, 69 SeeArbG]
2. the master significantly offends the honor of the crew member or ill-
treats him or tolerates his ill-treatment by other persons,
3
5. the ship calls a contaminated port or does not immediately leave the
port after the outbreak of the contamination and this may lead to severe
health hazard to the crew member,
6. the ship shall pass a risk area where it is exposed to hazards by armed
conflicts, or if the ship does not immediately leave this area
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1. is incapable to perform his duties for reasons existing before the com-
mencement of the employment engagement, unless the reasons were
known to the shipowner at that time
The master is obliged to make immediately an entry in the ships' log book
about the extraordinary termination and the reason for it. A copy of the entry
signed by the master has to be handed over to the crew member.
[cf. § 67 (2) SeeArbG]
During the probation period the agreement about apprenticeship may be ter-
minated with a notice period of one week. [cf. § 88 (1) SeeArbG]
by important reason (§§ 67 (1) and 68 (1) SeeArbG) from both sides
without observation of any notice periods,
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Record of employment
The crew member is entitled to get a record of employment for his service on
board the ship. The document shall not contain any evaluation about the
performance and conduct of the crew member or any reference on
wages. It must at least contain: [cf. § 33 (1), (2), (4) SeeArbG]
1. the crew members' full name, date of birth, place of birth and address
2. the shipowners' full name and address; in case of a different employer
the full name and address of the employer and the shipowner,
3. the ships' name, the ship type, the IMO identification number, gross
tonnage, engine capacity and trade area
4. the date of the beginning and end of the duties on board,
5. type and duration of the service provide
The record of employment has to be handed out or has to be submitted to the
crew member in German and English language latest at the end of service on
board. On board of ships on which the crew changes at short intervals or on
ships calling regular at the same ports (e.g. ferries and tugs) the record of em-
ployment needs to be handed out or to be submitted only at the request of the
crew member and on termination of the employment engagement. [cf. § 33 (1)
3
SeeArbG]
A record of employment may be issued in electronic form with the crew mem-
ber's consent.
The record of employment need not be necessarily signed.
Copies of the records of employment have to be retained by the shipowner for
at least five years. [cf. § 33 (5) SeeArbG]
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Are copies of the collective bargaining agreement and the company and ship-
board agreements on board the ship when the employment agreement refers
to them?
Get the crew members on the day of the end of service on board a record of
employment?
Do the records of employment not contain any statements about the quality of
their work or reference on wages?
Do private interviews with some crew members confirm that, on signing the
employment agreement, they were given an opportunity to examine their
agreements and seek advice before signing?
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Requirements
Maturity, amount and payment of wages
The crew member is entitled to payment of the agreed wages for the duration
of employment engagement. [cf. § 37 (1) SeeArbG]
The crew member has an entitlement to payment of wages for the period of
travel to the place of taking up service. [cf. § 37 (2) SeeArbG]
Normally, wages shall be calculated and paid in EURO unless another legal
currency is agreed in the employment agreement. If there is a mutual agree-
ment between the shipowner and the crew member that payment shall be
made in a different legal currency than stipulated in the employment agree-
ment, the rate of currency exchange shall be at the rate as published by the
European Central Bank and shall not be unfavourable to the crew member. [cf.
§ 39 (1) SeeArbG]
The agreed wages are due at the end of each calendar month or at the end of
the employment engagement. Variable components of wages are due to the
3
end of the calendar month in which course they are available (generally at the
end of the next calendar month) [cf. § 38 (2) SeeArbG]
No deductions shall be made from the crew members' wages in respect of ob-
taining or retaining employment. [vgl. § 39 (4) SeeArbG]
The crew member is entitled to require the shipowner to remit all or part of his
wages cashless directly to the crew member or to a person nominated by the
crew member. The shipowner cannot demand from the crew member any re-
imbursement of the costs resulting from the cashless transfer.
[cf. § 39 Abs. 2 and 3 SeeArbG]
At the end of each calendar month and at the end of the employment en-
gagement the shipowner has to draw up a monthly account in text form that is
to be handed out to the crew member without delay. [cf. § 40 (1) SeeArbG]
The account of payment must contain the respective accounting period and
the full details regarding the composition of payment, e.g. kind and amount of
supplements, bonuses, premiums, special payments and payments on ac-
count. If the wages will be paid in a legal currency, other than EURO, the ex-
change rate applied has to be mentioned in the account. [cf. § 40 (2) SeeArbG]
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If crew members work longer than provided by § 43 (sea working time) and §
44 (port working time) a corresponding remuneration for the overtime work is
to be paid by the shipowner. He don't have to pay for working time extensions
to avoid immediate risk for ship, persons and cargo ( § 47 (1)) or to carry out
safety drills (§ 47 (2)). [cf. § 51 SeeArbG]
Do the crew members get a wage account at the end of the month and at the
end of the employment engagement?
The crew members must not reimburse any costs for the transfer of wages?
Does the rate of currency exchange correspond to the rate published by the
European Central Bank (www.ecb.int/stats/exchange)?
Do private interviews with some crew members confirm compliance with the
requirements for payment?
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Requirements
The sea working time and the port working time regulated by §§ 43, 44 SeeArbG is
the normal working time, from which a deviation
by collective bargaining agreement, company or shipboard agreement and
by order of the master
is possible.
Sea working time (from the time of leaving the berth in port or the place on the roads
for the purpose of starting or continuing the voyage)
The sea working time of crew members on watch must not exceed eight hours
a day. [cf. § 43 (1) SeeArbG]
The sea working time of crew members without watch duty must not exceed
eight hours per working day (from Monday to Saturday). [cf. § 43 (2) SeeArbG]
The sea working time of service personnel must not exceed eight hours a day.
3
The work time may be extended by up to one hour if periods of stand-by duty
accumulate regularly and significantly during work time.
[cf. § 43 (3) SeeArbG]
Port working time (from the time of mooring at a berth or anchoring in a roadstead)
The port working time of crew members normally must not exceed eight hours
per day from Monday to Friday. [cf. § 44 (1) SeeArbG]
On Saturday the port working hours must not exceed five hours and eight
hours in case of watch duties. [cf. § 44 (1) SeeArbG]
The port working hours of service personnel must not exceed eight hours per
day. The working hours may be extended up to one hour provided the working
time regularly comprises stand-by duty to a considerable extent.
[cf. § 44 (3) SeeArbG]
The crew members shall have a compensation of one day without work for
each Sunday or public holiday they have to work and for every day the ship
was in port for less than twelve hours. Catering personnel is entitled to get two
non-working days per month at minimum. [cf. § 52 (1) SeeArbG]
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The master may order an extension of the sea working time or port working
time in any other exceptional circumstances (e.g. watch duty in port, arrival or
departure of the ship, works to maintain the ship operation). [cf. § 47 Abs. 4
SeeArbG]
The master may suspend the schedule of hours of work and hours of rest
temporarily and require the crew members to perform any hours of work nec-
essary for the immediate safety of the ship, persons on board, or cargo, or for
the purpose of giving assistance to other ships or persons in distress at sea.
[cf. § 47 (1) SeeArbG]
Safety drills shall be carried out in such a manner that a disturbance of the pe-
riod of rest is limited to a minimum to avoid fatigue. [cf. § 47 (2) SeeArbG]
The Maritime Labour Act contains statutory regulations on maximum hours of work
and minimum hours of rest.
On ships calling at several ports in short sequence (less than 36 hours be-
tween the seaward positions for pilot transfer for restricted waters) the follow-
ing minimum hours of rest apply: [cf. § 48 (2) SeeArbG]
After the ship has left the area with short sequences of port calls and if a col-
lective bargaining agreement or company or shipboard agreement does not
apply following maximum hours of work besides the minimum hours of rest
shall not be exceeded: [cf. § 48 (1) SeeArbG]
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Rest hours
Minimum Hours of rest may not be divided into more than two periods, one of
which shall be at least six hours and the other shall be at least one hour in
length. The interval between consecutive periods of rest shall not exceed 14
hours. [cf. § 45 (3) SeeArbG]
The master has to ensure that any crew member who performed work in an
emergency situation during a scheduled rest period or participated in a safety
drill is provided with an adequate period of rest. The compensatory rest period
must cover at least the duration of the interruption of the rest period. [cf. § 47 (3)
SeeArbG]
If a crew member has to be on call and the period of rest is disturbed by a call-
out for work, an adequate period of rest as compensation shall be provided.
The compensatory rest period must cover at least the duration of the interrup-
tion of the rest period. [cf. § 45 (4) SeeArbG]
3
The statutory provisions on hours of work and hours of rest may be deviated from by
collective bargaining agreement or shipboard agreement as follows: [cf. § 49 (1)
no. 2 and 3 SeeArbG]
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The sea working time on ships from which offshore-activities are carried out
may be extended up to 12 hours a day. The requirements on minimum hours
of rest have to be observed. [cf. § 11 Offshore-ArbZV]
Remark: Offshore activities are specific activities which are carried out for the construction,
modification or for operation of structures, artificial islands or other installations at sea.
Masters not going watches still have to keep the minimum rest hours.
[cf. § 42 (4) SeeArbG]
The provisions of minimum hours of rest apply to crew members who are self-
employed. [cf. § 148 (2) SeeArbG]
Deviations from hours of work and hours of rest shall be noted in the re-
cord of hours of work and hours of rest. [cf. § 2 (2) See-ArbZNV]
the schedule of service at sea and service in port for every crew mem-
ber,
On every ship records of hours of work and rest shall be maintained in Ger-
man and English language (according to the model See-ArbZNV) showing
separately the daily hours of work and hours of rest for every crew member.
[cf. § 50 (2) SeeArbG]
The records of hours of work and hours of rest may be provided in an elec-
tronic form. [cf. § 3 (1) See-ArbZNV]
The records of hours of work and hours of rest shall be signed by the master,
or a person authorized by the master and by the crew member at the end of
the calendar month. [cf. § 2 (2) See-ArbZNV]
The crew member shall receive at the end of the month a copy of his record of
hours of work and hours of rest [cf. § 2 (4) See-ArbZNV]
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A model of a record of hours of work and hours of rest as well as the table
of shipboard working arrangements is attached in annex 10 and 11 to this
guideline.
In port young crew members are allowed to work on not more than five days in
a week up to eight hours daily and up to 40 hours weekly. [cf. § 53 (2) SeeArbG]
At sea young crew members are allowed to work at six days in a week up to
eight hours daily and up to 48 hours weekly. [cf. § 53 (3) SeeArbG]
During watch duty at sea young crew members are allowed to work at every
day in a week up to 8 hours daily [cf. § 53 (4) SeeArbG]
If work has been done at more than five days in a week another day off work
shall be provided for the work at the sixth and seventh day. [cf. § 53 (8) SeeArbG]
Overtime work for young crew members is only permited in cases referred to
3
in § 47 (1), (2) SeeArbG. This only applies, if no adult crew members are
available to perform these works. These exceptional circumstances shall be
recorded by the master. [cf. § 53 (7) SeeArbG]
- Young crew members are not permitted to work continuously more than
4,5 hours without rest periods.
Are there any up-to-date and signed records of hours of work and rest?
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Do the crew members get copies of their records of hours of work and rest?
Do records of hours of work and rest and ship's log books (ship´s log book and
engine log book) confirm that the requirements regarding hours of work and
hours of rest are fulfilled?
When inspecting the minimum hours of rest within any 24-hours period, the
following is to be observed: In general, the period has to be observed from the
beginning of a working time period backwards to 24 hours before the begin-
ning of this period.
In case of suspected fatigue: Check limit cases, e.g. crew members, who work
constantly at the upper limit of maximum hours of work, or cases in which ab-
normal interruptions of rest periods are noticed. When signs of concentration
deficits, yawning or slow response time are observed, further investigation
might be carried out.
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Requirements
Entitlement to leave
Crew members have an entitlement to paid leave for every year of employ-
ment. [cf. § 56 (1) SeeArbG]
The annual leave accounts at minimum 30 calendar days for each year of em-
ployment. [cf. § 57 (1) SeeArbG]
3
Public holidays recognized as such at the port of registry
Leave may only be forgone with pay as far as this can not be granted due to
the termination of the employment engagement. [cf. 64 (1) and (3) SeeArbG]
If possible, leave shall be granted after six months of service but latest until
the end of the employment relationship. Leave shall be granted to young crew
members latest after six months of service. [cf. § 58 (1) SeeArbG]
Terms of leave
The wishes of the crew member shall be taken into consideration when de-
termining the time at which leave shall be given. [cf. § 58 (1) SeeArbG]
The travel expenses to the place of leave and from the place of leave to the
place of resumption of the service on board have to be born by the shipowner.
[cf. § 60 SeeArbG]
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Shore leave
Crew members in their off-duty time are entitled to shore leave so far as the
ship's safety and time of departure permits it. [cf. § 35 SeeArbG]
Is paid leave granted at the latest by the end of the employment and in case of
young crew members after six months of duty on board?
Do private interviews with some seafarers confirm that they receive paid leave
and that shore leave is granted?
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Requirements
3
which the seafarer does not consent to sail to, or, when the ship
does not immediately leave such an area.
The shipowner shall make all necessary precautions to carry out repatriation.
The normal mode of transport shall normally be by air. [cf. § 76 Abs. 1 SeeArbG]
The shipowner is obliged to provide for the protection of the crew members on
board for cases of repatriation a cost assumption declaration which is covered
by a security or a guarantee issued by a shipowner association or any other
financial security. [cf. § 76 (8) SeeArbG]
Note: Evidence about the financial security should be given through a bank guarantee or a
confirmation of insurance of a P&I insurance. The financial security declaration or the confir-
mation of insurance shall provide information about the purpose.
The shipowner has to ensure that the crew members on board are provided
with a copy of the applicable provisions regarding repatriation written in an ap-
propriate language. [cf. § 78 SeeArbG]
Note: This requirement is fulfilled when a copy of the Maritime Labour Act is provided on
board.
When a young crew member has served on a ship for at least four months
during his first foreign-going voyage and it becomes apparent that he is un-
suited to life at sea, he is entitled to repatriate from a port of call from which a
repatriation is possible with safe and public means of transport.
[cf. § 74 SeeArbG]
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Requirements
The shipowner and the master have to ensure that a sufficient number of
qualified and competent crew members are on board to guarantee that the
ship is operated safely, efficiently and with due regard to security under all
conditions. [cf. § 21 SeeArbG]
The ship is to be manned in accordance with the Minimum Safe Manning Cer-
tificate which has to be carried on board of every ship. [cf. §§ 2, 3 und 8 SchBesV]
The master is obliged to maintain a crew list which at any time reflects the to-
tal composition of the crew. The crew list shall follow the model published by
the Dienststelle Schiffssicherheit. [cf. § 22 (1) SeeArbG]
If the ship is engaged exclusively on domestic voyage the master may docu-
ment the composition of the ship's crew in the ship's log book.
[cf. § 22 (2) SeeArbG]
-
-
-
-
Minimum Safe Manning Certificate
Table of shipboard working arrangements
Conducting private interviews
Measures DMLC Part II
3
Do the number and qualification of crew members listed in the crew list meet
the requirements as set out by the Minimum Safe Manning Document?
Does the table of shipboard working arrangements confirm that the manning
requirements have been implemented?
Do private interviews with some crew members confirm that the requirements
are met?
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Requirements
Each crew member has an entitlement to safe, healthy and decent accommo-
dation and facilities for the period of the employment engagement. Hereby it is
to ensure that the social, cultural and religious needs of the crew members are
duly considered. [cf. § 93 SeeArbG]
On ships which are keel-laid before the Maritime Labour Act comes into force
the Ordinance on Crew Accommodation on board Merchant Ships dated 08.
February 1973 (LogisVO) is applicable.
During the operation of the ship the shipowner especially has to ensure, that
every fourteen days clean bedding and weekly at least two fresh
towels are provided to the crew members
Note: In establishing noise and vibration limits for accommodation spaces and
recreational spaces on deck, the protection standards recommended in the
guidelines of the ILO and IMO as well as in relevant ISO standards are to be
considered. (E.G. Resolution A.468(XII) Code on noise levels on board ships;
ISO 6954:2000 Guidelines for the measurement, reporting and evaluation of
vibration with regard to habitability on passenger and merchant ships)
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- Crew list
- Records of inspections of accommodation and recreational facili-
ties by the master in the ship´s log book
- Verification list „Accommodation and recreational facilities“
- Records of sound pressure level and vibration measurements in
accommodation spaces
- Conducting private interviews
3
- Measures DMLC Part II
Does the number of persons on the crew list correspond with the number of
available sleeping rooms?
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Requirements
Crew members are entitled to get food and drinking water free of charge and
in appropriate quality and quantity during the period of engagement.
[cf. § 97 (1) SeeArbG]
Crew members who are engaged as a ship's cook have to be trained and
qualified in preparing food and must be at minimum 18 years of age. Crew
members may work as a ship's cook when they are in possession of:
[cf. § 7 (1) SchBesV]
Note: Instructions in catering are no longer provided in all federal states of Ger-
many (e.g. not in Niedersachsen and Bremen). When applying the instruction for
foreign crew members the competent Chambers of Commerce and Industry ask
shipowners to clarify in which language the instruction shall be carried out.
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personal hygiene as well as handling and storage of food on board the ship.
[cf. § 10 (6) SchBesV]
The shipowner has to ensure that the drinking water, the drinking water supply
plant and its operation as well as the food complies with the applicable regula-
tions relating to drinking water and food. He has to ensure that the catering
staff receives appropriate instructions in this. [cf. § 97 (2) SeeArbG]
The catering personnel underlie a large number of food hygiene rules. The Di-
enststelle Schiffssicherheit developed food hygiene guidelines which gives an over-
view about the legislation applicable to the food sector as well as recommendations
for food hygiene. The content of the guideline intends to carry out well-targeted train-
ing and instruction of personnel on board.
3
The Food Hygiene Guidelines can be found on: www.maritime-labour.de
Inspections
The master or another person designated by him has to ensure that monthly
inspection of
2. the provision rooms and equipment used for storage of food and
drinking water,
3. the galley and other equipment used for preparing and serving
food
will be carried out. The inspections must be recorded in the ship's log book.
[cf. § 98 SeeArbG]
Drinking water
The drinking water needs to comply with the requirements according to the
Drinking Water Ordinance. The drinking water shall not exceed the limits for
microbiological and chemical parameters according to the annex of the Drink-
ing Water Ordinance. Furthermore the determined limits for indicator parame-
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For the treatment of water only conditioning matters and disinfectant proc-
esses are permitted, which are mentioned in a list of approved conditioning
matters and disinfectant processes issued by the German federal ministry of
health. [cf. § 11 (1) Drinking Water Ordinance]
The list of approved conditioning matters and disinfectant processes can be found on:
http://www.umweltbundesamt.de/wasser/themen/trinkwasser/trinkwasseraufbereitung-
stoffliste.htm
If drinking water on ships is available for payment (e.g. ships with paying pas-
sengers on board) the federal health authority determines the interval in which
the company has to analyse internally the drinking water.
[cf. § 14 (2) Drinking Water Ordinance]
On ships which do not carry paying passengers the company has to determine
within its duty of care which analysis of the drinking water shall be carried out
to ensure compliance with the general requirements to the quality of drinking
water. Annex 4 of the TrinkwV contains requirements regarding the scope
and frequency of the analyses. [cf. § 14 (2) and (3) Drinking Water Ordinance]
- Crew list
- Certification of qualification of the cook
- Documentation of drinking water analyses
- Documents about inspection of catering, provision rooms and gal-
ley
- Documents about training of persons preparing food instead of
the ship's cook.
- Evidence of training and instruction of galley and catering person-
nel
- Food Hygiene-Guideline
- Conducting private interviews
- Measures DMLC Part II
Do crew lists and certificates confirm that the ship's cooks are 18 years of age
or older and that they are trained and qualified accordingly?
Have inspections of provision and drinking water, provision rooms, galleys and
equipment been carried out monthly?
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Are food supplies varied in nature according to menu plans and by visual ob-
servation of provisions?
Is the drinking water of good quality? How is the water quality monitored?
Do private interviews with some crew members confirm that the requirements
of providing food and catering in an appropriate quality and quantity and free
of charge are adhered to?
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Requirements
Provision of medical care free of charge
In the event of illness or injury the crew member is entitled for the period of the
employment engagement to receive prompt and adequate medical care at the
cost of the shipowner. [cf. § 99 (1) SeeArbG]
The entitlement to medical care covers all appropriate measures for protecting
health and medical treatment that includes: [cf. § 99 (3) SeeArbG]
The crew member has the right to consult a qualified medical doctor or dentist
without delay in ports of call. [cf. § 99 (4) SeeArbG]
For the documentation of medical care a standard medical report form (pub-
lished specimen) is to be used. Its content is to be kept confidential and shall
only be used to facilitate the treatment of the crew member.
[cf. § 109 (4) SeeArbG]
The ship, lifeboats and rescue boats belonging to the ship have to be fitted
with medical equipment appropriate to the requirements for the ship type, the
number of persons on board and the trading area. [cf. § 107 (2) SeeArbG]
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The shipowner has to ensure by internal checks at least every twelve months
that the medical accommodations and equipment are always in proper condi-
3
tion. The shipowner shall involve a public pharmacy in carrying out the inspec-
tion and the necessary completion of the medical equipment with medicines
and medical devices. Records of these internal checks and services of the
pharmacy shall be properly maintained and have to be kept on board for
minimum five years from the date of issuance. [cf. § 109 Abs. 3 SeeArbG]
All ships, excluding ships engaged in national voyages, with a voyage of more
than three days duration and with 100 persons or more on board need to have
a qualified medical doctor according to the provisions of the ordinance of mari-
time medicine, who is responsible for medical care on board. If there are more
than 800 persons on board, a second medical doctor needs to be available.
[cf. § 6 (1), (2) SchBesV]
Ships with a ship´s doctor have to carry personnel for health and nursery as
follows: [cf. § 6 (3) SchBesV]
On a ship without a doctor the master is responsible for carrying out the
medical treatment. But he may delegate this task to a ship´s officer. The mas-
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ter and the ship's officers who are responsible for carrying out medical treat-
ment shall have to attend every five (5) years an authorized medical refresher
course in this area. [cf. § 109 (1) SeeArbG]
A medical refresher course shall be authorized by the Dienststelle Schiffssi-
cherheit. [cf. § 109 (1) SeeArbG]
Is it ensured that medical care is provided to the crew member free of charge
for the period of employment engagement?
Is the ship equipped with appropriate medical equipment and are the equip-
ment and medical accommodation subject to an internal verification every 12
months?
Ships that are not required to carry a medical doctor: Is the master or a ship's
officer in charge of medical care, and are these persons in possession of the
necessary qualification?
Do private interviews with some crew members confirm that they have access
to medical treatment on board that is free of charge, and that they have the
opportunity to visit a qualified medical doctor or dentist without delay in ports
of call?
Does the medical treatment room provide facilities to direct medical advice by
radio or satellite communication system and is the officer in charge familiar-
ized with the operation of it?
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Requirements
Medical care at the cost of the shipowner
Medical care at the cost of the shipowner lapses for each crew member latest
at the end of the 26th week after crew member has left the ship. In the event
of an injury caused by an occupational accident, medical care ends when the
competent accident liability insurance begins with its payments.
[cf. § 103 (2) SeeArbG]
A crew member who is unfit for work because of illness or injury is entitled to
continuation of payment of wages from the beginning of the inability to work at
3
least until the day on which crew member leaves the ship. [cf. § 104 (1) SeeArbG]
When leaving the ship the entitlement to continuation of payment lasts for a
period of up to six weeks from the beginning of the incapacity for work.
[cf. § 3 (1) EntgFG]
For seafarers insured in the public health insurance the gross sickness pay is
70 % of the average payment for seafarers, but 90 % of the last net remunera-
tion at maximum. The average payment of crew members is only considered
up to the contribution assessment ceiling.
The shipowner bears the costs of the funeral where a crew member has de-
ceased in connection with his or her employment or as a result of it.
[cf. § 79 (2) SeeArbG]
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Care for belongings and wage account of a deceased or missing crew member
The shipowner has to ensure, that the possessions are soonest forwarded to
the heirs of the deceased or the relatives of the missing crew member. The
shipowner shall transfer the wage account to the heirs or the relatives.
[cf. § 80 SeeArbG]
Care for belongings and wage account of an ill or injured crew member
When a crew member due to illness or injury has to be left behind ashore, the
master shall entrust the belongings of the crew member to the local represen-
tative of the shipowner. The crew member needs to consent to the hand-over.
The master shall ensure that a list of the effects and the wage account of the
crew member is set up with giving the location of the deposit. The list shall be
signed by the master and by another crew member. One list shall be handed
over to the crew member that is left behind. [cf. § 106 SeeArbG]
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Requirements
Occupational health protection system on board of ships
The following list only names the basic requirements to occupational health and
safety protection. The laws and ordinances referred to in the following text include
further requirements compliance has to be ensured with. In addition to the statutory
occupational health and safety law the respective accident prevention regulations
(e.g. BGV A1) have to be considered.
3
The shipowner is obliged to arrange and maintain the entire ship operation
and all equipment, appliances and installations on board, as well as to organ-
ize employment and workflow that the crew members are protected against
the dangers of sea and fire, occupational hazards to health, as well as other
hazards for life, health and morality, insofar as the type of ship operation per-
mits. [cf. § 114 (1) SeeArbG]
The shipowner has to provide an appropriate organisation for the planning and
implementation of appropriate occupational safety and health protection
measures, considering the nature of activity and number of employees. He
has to provide the necessary resources. He also has to ensure that the appro-
priate measures are considered, if necessary, when carrying out any activities
and that this process is integrated in the company's management structure,
and that the employees fulfil their participation obligations.
[cf. § 3 (2) ArbSchG]
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Ships that are subject to the ISM-Code ( SOLAS Chapter IX and Regulation
336/2006 (EC)): The company has to implement and maintain a safety man-
agement system, pursuing following objectives, among others:
provide for safe practices in ship operation and a safe working envi-
ronment;
assess all identified risks to its ships, personnel and the environment
and establish appropriate safeguards; and
Within the safety management system the shipowner shall take into consid-
eration the Guidelines on the basic elements of a shipboard occupational
health and safety programme (IMO Circular MSC-MEPC.2/Circ.3, VKBl. 2010
S. 401). [cf. Annex C.I.6 SchSG]
Risk assessment
The crew members have to get a proper and appropriate familiarisation in oc-
cupational safety and health protection. [cf. § 12 ArbSchG]
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On ships with five or more crew members minimum one safety representative
is to be appointed. The safety representative shall participate in the meetings
of the ship's safety committee. Such a committee shall be established on ships
with five or more crew members and shall meet minimum every three months.
The committee's task is to discuss concerns of occupational safety and acci-
dent prevention. [cf. §§ 115, 116 SeeArbG]
Young crew members have to be instructed about accident and health haz-
ards before starting work and in cases of significant changes of the working
conditions. The instructions have to be repeated at appropriate intervals, how-
ever, at least half-yearly. The master has to assess the hazards related to the
3
work of young crew members before starting work and in cases of significant
changes of the working conditions.
Reference is made to the restrictions of work listed in No. 3.1 of this guideline.
[cf. § 117 (4), (5) SeeArbG]
The shipowner may permit work with hazardous substances only after per-
forming a risk assessment and implementing appropriate protective measures.
[cf. § 7 (1) GefStoffV]
Protection against hazards in operation and use of work equipment (tools, appli-
ances, machinery and plants)
The duties of maintenance and safe operation of the ship and work stations,
plants and appliances on board, as well as the organisation of work and work
processes also apply to the master. [cf. § 114 (1) SeeArbG]
The crew members shall comply with the applicable occupational safety and
health measures. [cf. § 114 (2) SeeArbG]
Are the basic requirements of the occupational safety and health system im-
plemented on board and are the crew members familiar with them?
control of effectiveness?
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Are the seafarers instructed in accident and health hazards periodically and
especially before starting work and in case of significant changes of working
conditions?
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Requirements
Statutory social security insurance
Health and long-term care German crew members have to be covered by a pub-
insurance: lic or private health insurance. A compulsory insurance
does not apply to non-German crew members with a
foreign residence and crew members, who are cov-
ered by a sickness insurance scheme of the EC. Dif-
ferent requirements apply to crew members, who are
nationals of countries, with which a social security
treaty exists.
Unemployment insurance: German crew members and crew members who are
nationals of an EC-member state have to be covered
by public unemployment insurance. A compulsory in-
surance does not apply to third country nationals with
a foreign residence. Different requirements apply to
crew members, who are nationals of countries with
which a social security treaty exists.
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Medical care
3
is this information in compliance with the requirements?
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Requirements
Right of complaint [cf. § 127 SeeArbG]
Every crew member has the right to lodge a complaint against a breach of the
Seearbeitsgesetz and the ordinances based on that law or against discrimina-
tion and victimization. The crew member has the right to complain to the fol-
lowing persons or authorities:
1. the direct superior
2. the master
3. the shipowner
4. the Dienststelle Schiffssicherheit
5. German missions abroad
6. other appropriate external authorities
Minimum one person shall be nominated on board the ship by the shipowner
or master, which can provide, on a confidential basis, the crew member with
impartial advice on his complaint and otherwise assist him in exercising his
right of complaint.
The crew member and the confidants shall not face any disadvantage in con-
sequence of filing a complaint.
The shipowner has to inform the crew member in addition to the delivery of the
employment agreement in writing about the on-board complaint procedure ap-
plicable to the ship. This information (on-board complaint procedure) has to
include, among others, the name(s) of the confidant(s), the address and
phone number of the shipowner, the Dienststelle Schiffssicherheit and the
competent body responsible for complaints in the country of domicile of the
crew member.
At first, the complaint should be addressed to the direct superior of the crew
member. If the superior does not resolve the matter within an appropriate time
limit (usually within two weeks) he has to inform the master on demand of the
complainant. The master has to decide on the complaint.
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If the complaint is caused by the behaviour of crew members the master shall
try to settle it amicably.
If the master is not able to resolve the complaint, he has to forward it to the
shipowner on demand of the complainant.
The master has to record the complaint and his decision on this with a de-
scription of the facts in the ship's log book. A copy of the record shall be pro-
vided to the crew member.
Nevertheless, the crew member has the right to file his complaint at any time
directly to any of the following bodies:
1. master,
2. shipowner,
3. Dienststelle Schiffssicherheit,
4. German missions abroad,
6. any other appropriate external body.
3
A model of a complaint procedure is attached in annex 14 of this guideline.
Were all crew members given a copy of the on-board complaint procedure ap-
plicable on the ship in an appropriate language?
Does the complaint procedure on board comply with the requirements of the
Seearbeitsgesetz?
Is the confidant nominated by the master or the shipowner, who may provide
impartial advice on the complaint, known to the crew members?
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4 . A nne x
1. Declaration of shipowner´s responsibility
5. Inspection report
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Annex 1
Name
Name
Adresse
Address
Kontaktperson
Contact person
Telefonnummer
Phone
E-Mail / email
hat die Verantwortung als Reeder für das folgende Schiff übernommen und hat sich mit der
Übernahme dieser Verantwortung verpflichtet, die Aufgaben und Pflichten zu erfüllen, die
dem Reeder nach dem Seearbeitsgesetz und den anderen Rechtsvorschriften zur
Umsetzung des Seearbeitsübereinkommens auferlegt werden.
has assumed as shipowner the responsibility for the operation of the following ship and, on assuming
such responsibility, has agreed to fulfil the duties and responsibilities imposed on the shipowner in
accordance with the German Maritime Labour Act and other legal provisions implementing the
Maritime Labour Convention.
Schiffsname
Name of ship
IMO Nummer
IMO number
Rufzeichen
Call sign
Datum der Registrierung
Date of registry
________________________________ ______________________________
Name und Unterschrift Reeder Ort und Datum
Name and signature of the shipowner Place and date
Annex 1
Anlage 2
Bundesrepublik Deutschland
Federal Republic of Germany
SEEARBEITSZEUGNIS
Maritime Labour Certificate
(Anmerkung: Diesem Zeugnis muss eine Seearbeits-Konformitätserklärung beigefügt sein)
(Note: This Certificate shall have a Declaration of Maritime Labour Compliance attached)
Unterscheidungssignal .......................................................
Distinctive number or letters
Heimathafen .......................................................................
Port of registry
Bruttoraumzahl ..................................................................
Gross tonnage
IMO-Nummer .....................................................................
IMO Number
Schiffstyp ............................................................................. /
Type of ship
1 dass dieses Schiff überprüft und seine Einhaltung der Anforderungen des Übereinkommens und der
Bestimmungen der beigefügten Seearbeits-Konformitätserklärung nachgeprüft worden ist.
that this ship has been inspected and verified to be in compliance with the requirements of the Convention, and
the provisions of the attached Declaration of Maritime Labour Compliance.
2 dass die in Anhang A5-I des Übereinkommens aufgeführten Arbeits- und Lebensbedingungen der See-
leute den innerstaatlichen Vorschriften des vorstehend erwähnten Landes zur Durchführung des Über-
einkommens entsprechen. Diese innerstaatlichen Vorschriften sind in der beigefügten Seearbeits-
Konformitätserklärung, Teil I, zusammengefasst.
that the seafarers' working and living conditions specified in Appendix A5-I of the Convention were found to
correspond to the abovementioned country’s national requirements implementing the Convention. These na-
tional requirements are summarized in the Declaration of Maritime Labour Compliance, Part I.
Dieses Zeugnis gilt bis , vorbehaltlich der Überprüfungen in Übereinstimmung mit den
Normen A5.1.3 und A5.1.4 des Übereinkommens.
This certificate is valid until subject to inspections in accordance with Standards A5.1.3 and A5.1.4 of the
Convention.
Die Überprüfung, auf der dieses Zeugnis beruht, wurde abgeschlossen am:
Completion date of the inspection on which this certificate is based was:
Ausgestellt in Hamburg am
Issued at (Ort der Ausstellung) on (Datum der Ausstellung)
(Place of issue of certificate) (Date of issue)
___________________________
2
Anlage 2
Vermerke
für die obligatorische Zwischenüberprüfung und (falls erforderlich) etwaige zusätzliche Überprüfungen
Endorsements for mandatory intermediate inspection and, if required, any additional inspection
Hiermit wird bescheinigt, dass das Schiff in Übereinstimmung mit den Normen A5.1.3 und A5.1.4 des Über-
einkommens überprüft worden ist und dass die in Anhang A5-I des Übereinkommens aufgeführten Arbeits-
und Lebensbedingungen den innerstaatlichen Vorschriften des vorstehend erwähnten Landes zur Durch-
führung des Übereinkommens entsprechen.
This is to certify that the ship was inspected in accordance with Standards A5.1.3 and A5.1.4 of the Convention
and that the seafarers' working and living conditions specified in Appendix A5-I of the Convention were found to
correspond to the abovementioned country’s national requirements implementing the Convention.
Zwischenüberprüfung: unterzeichnet:
(zwischen dem 2. und 3. Jahrestag abzuschließen) Signed: (Unterschrift des ermächtigten
Intermediate inspection: Bediensteten)
(to be completed between the (Signature of authorized official)
2nd and 3rd anniversary dates)
Ort:
Place:
(Siegel)
(Seal) Datum:
Date:
Hiermit wird bescheinigt, dass das Schiff zwecks Nachprüfung, dass es die innerstaatlichen Vorschriften zur
Durchführung des Übereinkommens weiterhin erfüllte, wie durch die Norm A3.1 Absatz 3 des Überein-
kommens (erneute Eintragung im Schiffsregister oder wesentliche Veränderungen der Unterkünfte) vorge-
schrieben, oder aus anderen Gründen Gegenstand einer zusätzlichen Überprüfung war.
This is to certify that the ship was the subject of an additional inspection for the purpose of verifying that the ship
continued to be in compliance with the national requirements implementing the Convention, as required by Stan-
dard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of accommodation) or for
other reasons.
Ort:
Place:
(Siegel)
(Seal) Datum:
Date:
Ort:
Place:
(Siegel)
(Seal) Datum:
Date:
3
Anlage 2
Ort:
Place:
(Siegel)
(Seal) Datum:
Date:
4
Annex 3
Bundesrepublik Deutschland
Federal Republic of Germany
VORLÄUFIGES SEEARBEITSZEUGNIS
Interim Maritime Labour Certificate
Ausgestellt im Namen der Regierung der
BUNDESREPUBLIK DEUTSCHLAND durch die
BERUFSGENOSSENSCHAFT FÜR TRANSPORT UND VERKEHRSWIRTSCHAFT
nach den Bestimmungen von Artikel V und Titel 5 des Seearbeitsübereinkommens, 2006
(im Folgenden als „das Übereinkommen“ bezeichnet)
Unterscheidungssignal .......................................................
Distinctive number or letters
Heimathafen .......................................................................
Port of registry
Bruttoraumzahl ..................................................................
Gross tonnage
IMO-Nummer .....................................................................
IMO Number
Schiffstyp .............................................................................
Type of ship
Hiermit wird für die Zwecke der Norm A5.1.3 Absatz 7 des Übereinkommens bescheinigt, dass
This is to certify, for the purposes of Standard A5.1.3, paragraph 7, of the Convention, that
a) das Schiff, soweit angemessen und praktisch möglich, in Bezug auf die in Anhang A5-I des Übereinkom-
mens genannten Angelegenheiten überprüft worden ist, unter Berücksichtigung einer Überprüfung der
nachfolgend unter Buchstabe b), c) und d) aufgeführten Punkte;
this ship has been inspected, as far as reasonable and practicable, for the matters listed in Appendix A5-I to
the Convention, taking into account verification of items under( b),( c) and (d) below;
b) der Reeder der zuständigen Stelle oder anerkannten Organisation nachgewiesen hat, dass das Schiff
über angemessene Verfahren verfügt, um das Übereinkommen einzuhalten;
the shipowner has demonstrated to the competent authority or recognized organization that the ship has ade-
quate procedures to comply with the Convention;
c) der Kapitän mit den Anforderungen des Übereinkommens und den Verantwortlichkeiten für die Durch-
führung vertraut ist; und
the master is familiar with the requirements of the Convention and the responsibilities for implementation; and
d) der zuständigen Stelle oder anerkannten Organisation einschlägige Informationen zur Erstellung einer
Seearbeits-Konformitätserklärung vorgelegt worden sind.
relevant information has been submitted to the competent authority or recognized organization to produce a
Declaration of Maritime Labour Compliance.
Dieses Zeugnis ist gültig bis , vorbehaltlich der Überprüfungen in Übereinstimmung mit den
Normen A5.1.3 und A5.1.4.
This certificate is valid until ..... subject to inspections in accordance with Standards A5.1.3 and A5.1.4.
Ausgestellt in Hamburg am
Issued at (Ort der Ausstellung) on (Datum der Ausstellung)
(Place of issue of certificate) (Date of issue)
___________________________
Annex 4
Bundesrepublik Deutschland
Federal Republic of Germany
Seearbeitsübereinkommen, 2006
Maritime Labour Convention, 2006
Seearbeits-Konformitätserklärung - Teil I
Declaration of Maritime Labour Compliance - Part I
In Bezug auf die Bestimmungen des Seearbeitsübereinkommens, 2006, wird das nachstehend bezeichnete Schiff:
With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship:
a) die Bestimmungen des Seearbeitsübereinkommens vollständig in die nachfolgend genannten innerstaatlichen Anfor-
derungen übertragen worden sind;
the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below;
b) diese innerstaatlichen Anforderungen in den nachfolgend angegebenen Bestimmungen enthalten sind; zum Inhalt
dieser Bestimmungen werden Erläuterungen gegeben, sofern es erforderlich ist;
these national requirements are contained in the national provisions referenced below; explanations concerning the con-
tent of those provisions are provided where necessary;
c) die Einzelheiten von im Wesentlichen gleichwertigen Regelungen gemäß Artikel VI Absatz 3 und 4 in dem für diesen
Zweck bestimmten Absatz aufgeführt sind;
the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided in the section provided for
this purpose below;
d) von der zuständigen Stelle gemäß Titel 3 gewährte Ausnahmen in dem für diesen Zweck bestimmten Abschnitt klar
angegeben sind;
any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided
for this purpose below; and
e) auf spezifische Anforderungen der innerstaatlichen Gesetzgebung zu Schiffsarten ebenfalls unter den entsprechen-
den Anforderungen hingewiesen wird.
any ship-type specific requirements under national legislation are also referenced under the requirements concerned.
Annex 4
1. Mindestalter (Regel 1.1)
Minimum age (Regulation 1.1)
Innerstaatliche Vorschriften: Seearbeitsgesetz: §§ 10, 53, 54, 117
National requirements: Maritime Labour Act: §§ 10, 53, 54, 117
Personen unter 16 Jahren sowie Personen, die der Vollzeitschulpflicht unterliegen, dürfen auf Schiffen nicht als Seeleute (Besat-
zungsmitglieder) beschäftigt werden.
Unter 18jährige Besatzungsmitglieder (jugendliche Besatzungsmitglieder) dürfen in der Zeit zwischen 20 Uhr und 6 Uhr nicht
arbeiten. Im Rahmen der Ausbildung und des Wachdienstes sind Ausnahmen vom Verbot der Nachtarbeit möglich, siehe §§ 53
und 54 des Seearbeitsgesetzes.
Die Beschäftigung von jugendlichen Besatzungsmitgliedern ist verboten, wenn diese Arbeiten ihre Gesundheit oder Sicherheit
gefährden können. § 117 Absatz 2 des Seearbeitsgesetzes beinhaltet grundlegende Beschäftigungsverbote. Der Kapitän hat bei
bestimmten Tätigkeiten nach § 117 Absatz 3 des Seearbeitsgesetzes zu prüfen, ob eine Arbeit jugendlicher Besatzungsmitglieder
auszuschließen ist.
Persons under the age of 16 as well as persons, for whom a full time school attendance is compulsory, shall not work on a ship
as a seafarer (crew member).
Crew members under the age 18 (young crew members) shall not work in any period between 20:00 hrs and 06:00 hrs. Excep-
tions from the night work restriction can be made in the course of a training programme or for watch duties. §§ 53 and 54 of the
maritime Labour Act provide for possible exceptions.
The employment of young crew members is prohibited where the work is likely to jeopardize their health or safety. § 117 (2) of
the Maritime Labour Act contains fundamental employment restrictions. The master has to verify for certain types of work ac-
cording to § 117 (3) of the Maritime Labour Act whether a work of young crew members is excluded.
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3. Befähigungen der Seeleute (Regel 1.3)
Qualifications of seafarers (Regulation 1.3)
Innerstaatliche Vorschriften: Seearbeitsgesetz: § 23; Seeleute-Befähigungsverordnung; Verordnung über die Berufsausbildung
in der Seeschifffahrt
National requirements: Maritime Labour Act: § 23; Ordinance on Seafarers' Competency; Ordinance on Vocational Training
in Maritime Shipping
Die Besatzungsmitglieder müssen den Anforderungen des STCW-Übereinkommens in Bezug auf Ausbildung und Befähigung
entsprechen und die vorgeschriebenen Befähigungszeugnisse, Befähigungsnachweise oder Qualifikationsbescheinigungen besit-
zen.
Alle Besatzungsmitglieder müssen, bevor sie eine Beschäftigung an Bord eines Schiffes aufnehmen, eine Sicherheitsunterwei-
sung nach Abschnitt A-VI/1 Absatz 1 des STCW-Codes erhalten.
Crew members shall comply with the provisions of the STCW Convention with respect to training and competency and shall hold
relevant certificates of competency, certificates of proficiency or documentary evidence.
Before being employed on board of a ship, all crew members shall receive safety familiarization training according to section A-
VI/1 paragraph 1 of the STCW Code.
The shipowner or the crew member may extraordinarily terminate the employment engagement for compelling reasons without
observing a notice period. In addition, the crew member may extraordinarily terminate the employment engagement without
observing any notice period due to urgent family matters.
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Beyond the period of frequent port calls and when no collective bargaining agreement or company or shipboard agreement
concerning hours of work applies to crew members the maximum hours of work of 14 hours in any 24-hour period and 72 hours
in any period of seven days have to be observed in addition to the minimum hours of rest.
Crew members who performed work or participated in a drill during a scheduled rest period shall be provided with an adequate
compensatory period of rest which must cover at least the duration of the interruption of the rest period.
A table with the shipboard working arrangements shall be maintained and posted in an easily accessible place on every ship.
The table shall comply with the model contained in Appendix 1 of the Ordinance on the working organization and working time
records in maritime shipping.
A record of hours of work and hours of rest shall be kept for every crew member showing the daily hours of work and hours of
rest. The records shall comply with the model contained in Appendix II of the Ordinance on the working organization and work-
ing time records in maritime shipping. Every crew member shall receive a copy of the record of hours of work and hours of rest
for the respective month at the end of each calendar month.
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9. Freizeiteinrichtungen an Bord (Regel 3.1)
On-board recreational facilities ( Regulation 3.1)
Innerstaatliche Vorschriften: Seearbeitsgesetz: §§ 93 bis 96; See-Unterkunftsverordnung
National requirements: Maritime Labour Act: §§ 93 to 96; Ordinance on Accommodation in Maritime Shipping
Die See-Unterkunftsverordnung enthält Anforderungen für Freizeiteinrichtungen an Bord. Auf Schiffen, deren Kiel vor dem
Inkrafttreten des Seearbeitsgesetzes gelegt wurde, gelten die bisherigen baulichen Anforderungen an Freizeiteinrichtungen (Ver-
ordnung über die Unterbringung der Besatzungsmitglieder an Bord von Kauffahrteischiffen vom 8. Februar 1973).
The Ordinance on Accommodation in Maritime Shipping contains requirements for recreational facilities on board. The previ-
ous construction requirements for recreational facilities are applicable to ships with keel-laying date before the Maritime La-
bour Act came into force (Ordinance on Crew Accommodation on board Merchant Ships dated 08. February 1973).
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In exceptional circumstances BG Verkehr may issue an exemption permitting another crew member to carry out the duties of the
ship's cook for a specified limited period until the next convenient port of call or for a period not exceeding one month. In these
cases the crew member who processes food in the galley must be trained or instructed in areas including food and personal
hygiene as well as handling and storage of food on board the ship.
The catering personnel must be familiarized with the applicable regulations related to food and drinking water. In addition, the
catering personnel is to be instructed when commencing duty on board and subsequently every two years about prohibitions of
activity and reporting obligations in accordance with §§ 42, 43 of Infection Protection Act. The instructions have to be recorded
in the ship's log book.
The master or another person designated by him must conduct monthly inspections of the supplies of food and drinking water,
the provision rooms and equipment used for the storage of food and drinking water and the galleys and other equipment used
for preparing and serving food. The results of the inspection shall be recorded in the ship's log book.
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Annex 4
Auf Schiffen ohne Schiffsarzt ist der Kapitän für die Durchführung der medizinischen Betreuung an Bord zuständig. Er kann die
Durchführung dieser Aufgabe an einen anderen Schiffsoffizier übertragen. Der Kapitän und der mit der Durchführung der medi-
zinischen Betreuung an Bord beauftragte Schiffsoffizier müssen mindestens alle fünf Jahre an einem zugelassenen medizinischen
Wiederholungslehrgang teilnehmen.
Der Reeder hat sicherzustellen, dass die medizinische Ausstattung und die medizinischen Räumlichkeiten mindestens alle zwölf
Monate betriebsintern überprüft werden. Die interne Kontrolle der Ausstattung mit Arzneimitteln und Medizinprodukten ist
unter Mitwirkung einer Apotheke durchzuführen. Nachweise über die Überprüfung sind mindestens fünf Jahre an Bord aufzube-
wahren.
Die medizinische Betreuung eines erkrankten oder verletzten Besatzungsmitgliedes ist auf einem ärztlichen Berichtsformular zu
dokumentieren und an Bord aufzubewahren. Das Berichtsformular und die darin enthaltenen Angaben sind vertraulich zu behan-
deln. Die Form muss dem veröffentlichten Muster entsprechen.
In the event of illness or injury the crew member is for the period of the employment engagement entitled to receive prompt and
adequate medical care at the expense of the shipowner.
Each ship has to be fitted with appropriate medical equipment (ship's pharmacy, medical report forms and diaries, other medi-
cal equipment and medical guidance). The medical equipment meets the requirements if it complies with the medical standard in
shipping (state of medical knowledge) as published in the Verkehrsblatt or the Bundesanzeiger in their current versions.
Ships engaged in international voyages of more than three days duration and with 100 persons or more on board shall carry a
medical ship's doctor.
The master is in charge for carrying out medical care on ships which do not carry a ship's doctor. He may delegate this duty to
another ship's officer. The master and the ship's officer who is in charge of medical care on board are required to attend an
approved medical refresher course every five years.
The shipowner has to ensure that the medical accommodations and the medical equipment are internally verified at least every
twelve months. The internal verification of the supply with pharmaceuticals and medical products shall be carried out with the
participation of a pharmacy. Documented evidence of the verifications shall be kept on board for minimum five years.
The medical treatment of a sick or injured crew member shall be recorded in a medical report from and kept on board. The
medical report form and the information contained therein shall be kept confidential. The form must comply with the published
model.
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Annex 4
The wages are due at the end of each calendar month and at the end of the employment engagement.
The wages shall be calculated and paid in EURO unless the payment in a different legal currency has been agreed in the em-
ployment agreement. If the wages are paid in a different currency than that stated in the employment agreement, the rate of
currency exchange shall comply with the rate as published by the European Central Bank at the time of payment.
The crew member may request the shipowner to remit all or part of his wages cashless directly to the crew member or to a per-
son nominated by the crew member. The shipowner cannot demand from the crew member any reimbursement of the costs re-
sulting from the cashless transfer.
At the end of each calendar month and at the end of the employment engagement the shipowner has to draw up a monthly ac-
count in text form that is to be handed out to the crew member without delay. The account must contain the respective account-
ing period and the full details regarding the composition of the wages. If the crew member rejects the account, the reason for the
objection shall be noted on the account by the shipowner.
Name:
Name:
(Siegel) Unterschrift:
(Seal) Signature: (Berufsgenossenschaft für Transport
und Verkehrswirtschaft)
Ort:
Place:
Datum:
Date:
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Annex 4
Im Wesentlichen gleichwertige Regelungen
Substantial equivalencies
Name:
Name:
(Siegel) Unterschrift:
(Seal) Signature: (Berufsgenossenschaft für Transport
und Verkehrswirtschaft)
Ort:
Place:
Datum:
Date:
Ausnahmen
Exemptions
Name:
Name:
(Siegel) Unterschrift:
(Seal) Signature: (Berufsgenossenschaft für Transport
und Verkehrswirtschaft)
Ort:
Place:
Datum:
Date:
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Annex 5
INSPECTION REPORT
-Maritime Labour Act- Dienststelle Schiffssicherheit
BG Verkehr
(Maritime Labour Convention - MLC 2006)
A copy of this report shall be posted on the ship’s notice board for the information of the crew members.
I. DETAILS
Deficiency Deficiency
Working and living conditions Working and living conditions
(Yes/No) (Yes/No)
1 Minimum age 9 Repatriation
2 Medical certification 10 Manning levels for the ship and crew list
Accommodation and on-board recreational
3 Qualifications of seafarers 11
facilities
4 Recruitment and placement 12 Food and catering
Version 01/2013
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Annex 5
INSPECTION REPORT
-Maritime Labour Act- Dienststelle Schiffssicherheit
BG Verkehr
(Maritime Labour Convention - MLC 2006)
Deficiency
Date to
rectified
No Nature of Deficiency Reference be Agreed corrective action plan
(Date and
rectified
signature)
Version 01/2013
2/2
Annex 6
Annex 7
Statement of Compliance
Dienststelle
in accordance with § 24 paragraph 3 Seearbeitsgesetz Schiffssicherheit
(Private seafarer recruitment and placement services operating in BG Verkehr
countries which have not ratified MLC)
Hereby the a.m. PRPS confirms that it operates in conformity with Norm A1.4 paragraph 5 of the
Maritime Labour Convention, 2006.
It is ensured that:
• No means, mechanisms or lists intended to prevent or deter seafarers from gaining
employment for which they are qualified will be used;
• No fees or other charges for seafarer recruitment or placement or for providing employment to
1
seafarers are borne directly or indirectly, in whole or in part, by the seafarer ;
• An up-to-date register of all seafarers recruited or placed by the PRS will be maintained and
kept available for inspection;
• Seafarers’ employment agreements are in accordance with applicable laws and regulations
and any collective bargaining agreement that forms part of the employment agreement;
• Seafarers are informed about their rights and duties under their employment agreements prior
to or in the process of engagement and proper arrangements are made for seafarers to
examine their employment agreements before and after they are signed and they will receive
a copy of the agreements;
• Seafarers recruited or placed by the PRPS are qualified and hold the documents necessary
for the job concerned;
• As far as practicable, the shipowner has means to protect seafarers from being stranded in a
foreign port;
• Complaints concerning their activities will be examined and responded and advise the
shipowner and the competent authority of any unresolved complaint;
____________
Place and Date
__________________________________________
Name and signature of person in charge of the PRPS
1
Except the costs for obtaining a national statutory medical certificate, the national seafarer’s book and a
passport or other similar personal travel documents, not including, however, the cost of visas, which shall be
borne by the shipowner
Annex 7
Annex 8
Stand 17. April 2013
Between
and
3. The description of the duties the crew member has to perform, if applicable,
any limitations of duties to particular ships or trade areas
The Crew Member shall be employed as [insert rank] on ships flying the German flag
[Option: as well as under "Ausstrahlung" under foreign flag]
The crew member's employment engagement shall commence on [insert date], at the
earliest, however, on the day of departure from the place of residence.
The (first) assignment is planned on the M/V [insert name of ship] on [insert date] in
[insert name of port]. In consideration of reasonable discretion, the shipowner re-
serves his/her right to employ the crew member also on other ships of the ship owner.
The shipowner will inform the crew member in writing about changes of the date and
place of commencing duties on board in due time.
The crew member's employment engagement shall end on [insert date] without re-
quiring a notice of termination.
1
Annex 8
Stand 17. April 2013
If the fixed-term agreement ends while the crew member is on board the ship at sea,
the crew member's employment engagement shall continue beyond the expiry of the
fixed-term agreement until arrival of the ship in a port where the repatriation of the
crew member and his replacement by a substitute reliever is possible in a safe man-
ner and with generally accessible means of transport.
Option:
The crew member's employment engagement may be terminated within the first three
months by giving one week's notice. Furthermore, the notice periods of § 66 of the
Seearbeitsgesetz (Maritime Labour Act) are applicable.
6. The composition and the amount of the wages including the surcharges,
bonuses, awards and special payments or the formula used for
calculating the wages, as well as the due date of the wages
The payment and the due date of wages shall comply with the statutory provisions of
§§ 37 to 41 of the Maritime Labour Act.
[The amount and composition of the wages shall be indicated if no reference is made
to a collective bargaining agreement]
The statutory provisions of §§ 42 to 55 of the Maritime Labour Act shall apply to hours
of work and hours of rest.
The crew member shall be entitled to paid annual leave under the statutory provisions
of §§ 56 to 64 of the Maritime Labour Act.
2
Annex 8 Stand 17. April 2013
The crew member's employment engagement may be terminated within the first three
months by giving one week's notice. Furthermore, the notice periods of § 66 of the
Maritime Labour Act are applicable.
The crew member shall be entitled to free repatriation under the statutory provisions
of §§ 73 to 78 of the Maritime Labour Act.
Option:
The collective provisions of the collective agreement and wage agreement for the
German maritime shipping (MTV-See and HTV-See), as amended, shall be applica-
ble to the crew member's employment engagement.
12. The health and social security protection benefits to be provided to the crew
member by the shipowner or another employer
The benefits of medical care and continued payment in case of sickness depend on
the statutory provisions of §§ 99 to 113 of the Maritime Labour Act.
The social security benefits shall comply with the Social Security Code (SGB).
13. The place and date of conclusion of the crew member's employment
agreement
(Place), (Date)
3
Stand 17. April 2013
Annex 8
Comments on the model of the crew member's employment agreement:
1. This model provides a non-binding proposal for a crew member's employment agreement
on ships flying the German flag. The model takes into account the requirements of the in-
ternational Maritime Labour Convention and the German Maritime Labour Act.
2. The agreement is structured in such a way that it enables flag state and port state inspec-
tors, in particular, to easily verify compliance with the requirements.
3. The model includes only the core requirements of the Maritime Labour Convention and
the Maritime Labour Act. The agreement may be supplemented by other elements of
content.
4. To investigate deeper into the topic, we recommend our "Guidelines on the implementa-
tion of the Maritime Labour Convention on board of German flagged ships".
5. For the permissible case that the crew member's employment agreement is not con-
cluded directly with the shipowner, but with another employer, we recommend the fol-
lowing representation of the parties involved:
and
2. Shipowner
ABC Reeder
Schiffsstraße 1, 20000 Hamburg
(hereinafter referred to as "the Shipowner")
The following crew member's employment agreement is concluded between the contracting
parties:
4
Annex 9
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Annex 10
Annex 10
Annex 11
Annex 12
Page Number
Arrival Departure
1.1 Name of ship 1.2 IMO number
On-Board Complaint-Procedure
(in accordance with the Maritime Labour Act)
Any change to the complaint procedure will be published on the ship's notice
board!
I. Contact information
Name of ship: IMO number:
Name:
Address:
Contact person:
Telephone:
Email:
Name(s):
Rank:
Name:
Address:
Telephone:
Email:
Annex 14 Version 8. April 2013
II. Procedure
1. The crew member has the right to complain to the persons or authorities mentioned in
number 4 and 8 below about a breach of the Maritime Labour Act and the ordinances
based on that Act or about discrimination and victimization.
4. The complaint should be addressed at first to the immediate superior to resolve the
matter. If the superior cannot resolve the complaint within an appropriate period (as a
rule two weeks), the superior should at the complainant's request inform the master
about the complaint. The Master has to decide about the complaint.
5. If the complaint is about the behaviour of other crew members, then the master
initially has to try an amicable settlement.
6. If the complaint cannot be resolved by the master, he has to refer the matter at the
complainant's request to the shipowner.
7. The master has to enter the complaint and its decision with a summary of the facts
into the ships' logbook. The complainant shall receive a copy of the log book entry.
8. Nevertheless, the crew member has at all times the right to complain directly to:
- the master,
- the shipowner,
9. Legal references for the complaint procedure: §§ 127, 128 Maritime Labour Act