yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제18425호                                관             보                  2015. 1. 8.(목요일)
                                 Standard A1.2 - Medical certificate
1. The competent authority shall require that, prior to beginning work on a ship, seafarers
hold a valid medical certificate attesting that they are medically fit to perform the duties they are
to carry out at sea.
2. In order to ensure that medical certificates genuinely reflect seafarers’ state of health, in
light of the duties they are to perform, the competent authority shall, after consultation with the
shipowners’ and seafarers’ organizations concerned, and giving due consideration to applicable
international guidelines referred to in Part B of this Code, prescribe the nature of the medical
examination and certificate.
3. This Standard is without prejudice to the International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978, as amended (“STCW”). A medical
certificate issued in accordance with the requirements of STCW shall be accepted by the
competent authority, for the purpose of Regulation 1.2. A medical certificate meeting the
substance of those requirements, in the case of seafarers not covered by STCW, shall similarly
be accepted.
4. The medical certificate shall be issued by a duly qualified medical practitioner or, in the
case of a certificate solely concerning eyesight, by a person recognized by the competent
authority as qualified to issue such a certificate. Practitioners must enjoy full professional
independence in exercising their medical judgement in undertaking medical examination
procedures.
5. Seafarers that have been refused a certificate or have had a limitation imposed on their
ability to work, in particular with respect to time, field of work or trading area, shall be given
the opportunity to have a further examination by another independent medical practitioner or by
an independent medical referee.
6. Each medical certificate shall state in particular that:
         (a) the hearing and sight of the seafarer concerned, and the colour vision in the case
         of a seafarer to be employed in capacities where fitness for the work to be performed is
         liable to be affected by defective colour vision, are all satisfactory; and
         (b) the seafarer concerned is not suffering from any medical condition likely to be
         aggravated by service at sea or to render the seafarer unfit for such service or to
         endanger the health of other persons on board.
7. Unless a shorter period is required by reason of the specific duties to be performed by
the seafarer concerned or is required under STCW:
         (a) a medical certificate shall be valid for a maximum period of two years unless the
         seafarer is under the age of 18, in which case the maximum period of validity shall be
         one year;
         (b) a certification of colour vision shall be valid for a maximum period of six years.
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제18425호                               관             보                  2015. 1. 8.(목요일)
8. In urgent cases the competent authority may permit a seafarer to work without a valid
medical certificate until the next port of call where the seafarer can obtain a medical certificate
from a qualified medical practitioner, provided that:
         (a) the period of such permission does not exceed three months; and
         (b) the seafarer concerned is in possession of an expired medical certificate of recent
         date.
9. If the period of validity of a certificate expires in the course of a voyage, the certificate
shall continue in force until the next port of call where the seafarer can obtain a medical
certificate from a qualified medical practitioner, provided that the period shall not exceed three
months.
10. The medical certificates for seafers working on ships ordinarily engaged on international
voyages must as a minimum be provided in English.
                               Guideline B1.2 - Medical certificate
                            Guideline B1.2.1 – International guidelines
1. The competent authority, medical practitioners, examiners, shipowners, seafarers’
representatives and all other persons concerned with the conduct of medical fitness examinations
of seafarer candidates and serving seafarers should follow the ILO/WHO Guidelines for
Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any
subsequent versions, and any other applicable international guidelines published by the
International Labour Organization, the International Maritime Organization or the World Health
Organization.
                           Regulation 1.3 - Training and qualifications
Purpose: To ensure that seafarers are trained or qualified to carry out their duties on
          board ship
1. Seafarers shall not work on a ship unless they are trained or certified as competent or
otherwise qualified to perform their duties.
2. Seafarers shall not be permitted to work on a ship unless they have successfully
completed training for personal safety on board ship.
3. Training and certification in accordance with the mandatory instruments adopted by the
International Maritime Organization shall be considered as meeting the requirements of paragraphs
1 and 2 of this Regulation.
4. Any Member which, at the time of its ratification of this Convention, was bound by the
Certification of Able Seamen Convention, 1946 (No. 74), shall continue to carry out the obligations
under that Convention unless and until mandatory provisions covering its subject matter have
been adopted by the International Maritime Organization and entered into force, or until five years
have elapsed since the entry into force of this Convention in accordance with paragraph 3 of
Article VIII, whichever date is earlier.
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제18425호                               관             보                  2015. 1. 8.(목요일)
                           Regulation 1.4 - Recruitment and placement
Purpose: To ensure that seafarers have access to an efficient and well-regulated seafarer
          recruitment and placement system
1. All seafarers shall have access to an efficient, adequate and accountable system for
finding employment on board ship without charge to the seafarer.
2. Seafarer recruitment and placement services operating in a Member’s territory shall
conform to the standards set out in the Code.
3. Each Member shall require, in respect of seafarers who work on ships that fly its flag,
that shipowners who use seafarer recruitment and placement services that are based in countries
or territories in which this Convention does not apply, ensure that those services conform to the
requirements set out in the Code.
                           Standard A1.4 - Recruitment and placement
1. Each Member that operates a public seafarer recruitment and placement service shall
ensure that the service is operated in an orderly manner that protects and promotes seafarers’
employment rights as provided in this Convention.
2. Where a Member has private seafarer recruitment and placement services operating in its
territory whose primary purpose is the recruitment and placement of seafarers or which recruit
and place a significant number of seafarers, they shall be operated only in conformity with a
standardized system of licensing or certification or other form of regulation. This system shall be
established, modified or changed only after consultation with the shipowners’ and seafarers’
organizations concerned. In the event of doubt as to whether this Convention applies to a private
recruitment and placement service, the question shall be determined by the competent authority in
each Member after consultation with the shipowners’ and seafarers’ organizations concerned.
Undue proliferation of private seafarer recruitment and placement services shall not be
encouraged.
3. The provisions of paragraph 2 of this Standard shall also apply – to the extent that they
are determined by the competent authority, in consultation with the shipowners’ and seafarers’
organizations concerned, to be appropriate – in the context of recruitment and placement services
operated by a seafarers’ organization in the territory of the Member for the supply of seafarers
who are nationals of that Member to ships which fly its flag. The services covered by this
paragraph are those fulfilling the following conditions:
         (a) the recruitment and placement service is operated pursuant to a collective
         bargaining agreement between that organization and a shipowner;
         (b) both the seafarers’ organization and the shipowner are based in the territory of
         the Member;
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제18425호                               관              보                 2015. 1. 8.(목요일)
       © The Member has national laws or regulations or a procedure to authorize or
       register the collective bargaining agreement permitting the operation of the recruitment
       and placement service; and
       (d) the recruitment and placement service is operated in an orderly manner and
       measures are in place to protect and promote seafarers’ employment rights comparable to
       those provided in paragraph 5 of this Standard.
4. Nothing in this Standard or Regulation 1.4 shall be deemed to:
       (a) prevent a Member from maintaining a free public seafarer recruitment and
       placement service for seafarers in the framework of a policy to meet the needs of
       seafarers and shipowners, whether the service forms part of or is coordinated with a
       public employment service for all workers and employers; or
       (b) impose on a Member the obligation to establish a system for the operation of
       private seafarer recruitment or placement services in its territory.
5. A Member adopting a system referred to in paragraph 2 of this Standard shall, in its
laws and regulations or other measures, at a minimum:
       (a) prohibit seafarer recruitment and placement services from using means,
       mechanisms or lists intended to prevent or deter seafarers from gaining employment for
       which they are qualified;
       (b) require that no fees or other charges for seafarer recruitment or placement or for
       providing employment to seafarers are borne directly or indirectly, in whole or in part, by
       the seafarer, other than the cost of the seafarer 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; and
       (c) ensure that seafarer recruitment and placement services operating in its territory:
                (i) maintain an up-to-date register of all seafarers recruited or placed through
           them, to be available for inspection by the competent authority;
                (ii) make sure that seafarers are informed of their rights and duties under
           their employment agreements prior to or in the process of engagement and that proper
           arrangements are made for seafarers to examine their employment agreements before
           and after they are signed and for them to receive a copy of the agreements;
                (iii) verify that seafarers recruited or placed by them are qualified and hold the
           documents necessary for the job concerned, and that the seafarers’ employment
           agreements are in accordance with applicable laws and regulations and any collective
           bargaining agreement that forms part of the employment agreement;
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제18425호                               관              보                 2015. 1. 8.(목요일)
                 (iv) make sure, as far as practicable, that the shipowner has the means to
             protect seafarers from being stranded in a foreign port;
                 (v) examine and respond to any complaint concerning their activities and
             advise the competent authority of any unresolved complaint;
                 (vi) establish a system of protection, by way of insurance or an equivalent
             appropriate measure, to compensate seafarers for monetary loss that they may incur
             as a result of the failure of a recruitment and placement service or the relevant
             shipowner under the seafarers’ employment agreement to meet its obligations to them.
6. The competent authority shall closely supervise and control all seafarer recruitment and
placement services operating in the territory of the Member concerned. Any licences or
certificates or similar authorizations for the operation of private services in the territory are
granted or renewed only after verification that the seafarer recruitment and placement service
concerned meets the requirements of national laws and regulations.
7. The competent authority shall ensure that adequate machinery and procedures exist for
the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and
placement services, involving, as appropriate, representatives of shipowners and seafarers.
8. Each Member which has ratified this Convention shall, in so far as practicable, advise its
nationals on the possible problems of signing on a ship that flies the flag of a State which has
not ratified the Convention, until it is satisfied that standards equivalent to those fixed by this
Convention are being applied. Measures taken to this effect by the Member that has ratified this
Convention shall not be in contradiction with the principle of free movement of workers stipulated
by the treaties to which the two States concerned may be parties.
9. Each Member which has ratified this Convention shall require that shipowners of ships
that fly its flag, who use seafarer recruitment and placement services based in countries or
territories in which this Convention does not apply, ensure, as far as practicable, that those
services meet the requirements of this Standard.
10. Nothing in this Standard shall be understood as diminishing the obligations and
responsibilities of shipowners or of a Member with respect to ships that fly its flag.
                            Guideline B1.4 - Recruitment and placement
                   Guideline B1.4.1 – Organizational and operational guidelines
1. When fulfilling its obligations under Standard A1.4, paragraph 1, the competent authority
should consider:
         (a) taking the necessary measures to promote effective cooperation among seafarer
         recruitment and placement services, whether public or private;
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제18425호                                관              보                  2015. 1. 8.(목요일)
        (b) the needs of the maritime industry at both the national and international levels,
        when developing training programmes for seafarers that form the part of the ship’s crew
        that is responsible for the ship’s safe navigation and pollution prevention operations, with
        the participation of shipowners, seafarers and the relevant training institutions;
        (c) making suitable arrangements for the cooperation of representative shipowners’
        and seafarers’ organizations in the organization and operation of the public seafarer
        recruitment and placement services, where they exist;
        (d) determining, with due regard to the right to privacy and the need to protect
        confidentiality, the conditions under which seafarers’ personal data may be processed by
        seafarer recruitment and placement services, including the collection, storage, combination
        and communication of such data to third parties;
        (e) maintaining an arrangement for the collection and analysis of all relevant
        information on the maritime labour market, including the current and prospective supply of
        seafarers that work as crew classified by age, sex, rank and qualifications, and the
        industry’s requirements, the collection of data on age or sex being admissible only for
        statistical purposes or if used in the framework of a programme to prevent discrimination
        based on age or sex;
        (f) ensuring that the staff responsible for the supervision of public and private
        seafarer recruitment and placement services for ship’s crew with responsibility for the
        ship’s safe navigation and pollution prevention operations have had adequate training,
        including approved sea-service experience, and have relevant knowledge of the maritime
        industry, including the relevant maritime international instruments on training, certification
        and labour standards;
        (g) prescribing operational standards and adopting codes of conduct and ethical
        practices for seafarer recruitment and placement services; and
        (h) exercising supervision of the licensing or certification system on the basis of a
        system of quality standards.
2. In establishing the system referred to in Standard A1.4, paragraph 2, each Member should
consider requiring seafarer recruitment and placement services, established in its territory, to
develop and maintain verifiable operational practices. These operational practices for private
seafarer recruitment and placement services and, to the extent that they are applicable, for public
seafarer recruitment and placement services should address the following matters:
        (a) medical examinations, seafarers’ identity documents and such other items as may
        be required for the seafarer to gain employment;
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제18425호                             관              보                  2015. 1. 8.(목요일)
  (b) maintaining, with due regard to the right to privacy and the need to protect
  confidentiality, full and complete records of the seafarers covered by their recruitment and
  placement system, which should include but not be limited to:
          (i) the seafarers’ qualifications;
          (ii) record of employment;
          (iii) personal data relevant to employment; and
          (iv) medical data relevant to employment;
  (c) maintaining up-to-date lists of the ships for which the seafarer recruitment and
  placement services provide seafarers and ensuring that there is a means by which the
  services can be contacted in an emergency at all hours;
  (d) procedures to ensure that seafarers are not subject to exploitation by the seafarer
  recruitment and placement services or their personnel with regard to the offer of
  engagement on particular ships or by particular companies;
  (e) procedures to prevent the opportunities for exploitation of seafarers arising from
  the issue of joining advances or any other financial transaction between the shipowner
  and the seafarers which are handled by the seafarer recruitment and placement services;
  (f) clearly publicizing costs, if any, which the seafarer will be expected to bear in the
  recruitment process;
  (g) ensuring that seafarers are advised of any particular conditions applicable to the
  job for which they are to be engaged and of the particular shipowner’s policies relating to
  their employment;
  (h) procedures which are in accordance with the principles of natural justice for
  dealing with cases of incompetence or indiscipline consistent with national laws and
  practice and, where applicable, with collective agreements;
  (i) procedures to ensure, as far as practicable, that all mandatory certificates and
  documents submitted for employment are up to date and have not been fraudulently
  obtained and that employment references are verified;
  (j) procedures to ensure that requests for information or advice by families of
  seafarers while the seafarers are at sea are dealt with promptly and sympathetically and
  at no cost; and
  (k) verifying that labour conditions on ships where seafarers are placed are in
  conformity with applicable collective bargaining agreements concluded between a
  shipowner and a representative seafarers’ organization and, as a matter of policy,
  supplying seafarers only to shipowners that offer terms and conditions of employment to
  seafarers which comply with applicable laws or regulations or collective agreements.
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제18425호                               관              보                 2015. 1. 8.(목요일)
3. Consideration should be given to encouraging international cooperation between Members
and relevant organizations, such as:
        (a) the systematic exchange of information on the maritime industry and labour
        market on a bilateral, regional and multilateral basis;
        (b) the exchange of information on maritime labour legislation;
        (c) the harmonization of policies, working methods and legislation governing
        recruitment and placement of seafarers;
        (d) the improvement of procedures and conditions for the international recruitment and
        placement of seafarers; and
        (e) workforce planning, taking account of the supply of and demand for seafarers and the
        requirements of the maritime industry.
                           TITLE 2. CONDITIONS OF EMPLOYMENT
                       Regulation 2.1 - Seafarers’ employment agreements
Purpose: To ensure that seafarers have a fair employment agreement
1. The terms and conditions for employment of a seafarer shall be set out or referred to in
a clear written legally enforceable agreement and shall be consistent with the standards set out
in the Code.
2. Seafarers’ employment agreements shall be agreed to by the seafarer under conditions
which ensure that the seafarer has an opportunity to review and seek advice on the terms and
conditions in the agreement and freely accepts them before signing.
3. To the extent compatible with the Member’s national law and practice, seafarers’
employment agreements shall be understood to incorporate any applicable collective bargaining
agreements.
                        Standard A2.1 - Seafarers’ employment agreements
1. Each Member shall adopt laws or regulations requiring that ships that fly its flag comply
with the following requirements:
        (a) seafarers working on ships that fly its flag shall have a seafarers’ employment
        agreement signed by both the seafarer and the shipowner or a representative of the
        shipowner (or, where they are not employees, evidence of contractual or similar
        arrangements) providing them with decent working and living conditions on board the
        ship as required by this Convention;
        (b) seafarers signing a seafarers’ employment agreement shall be given an opportunity
        to examine and seek advice on the agreement before signing, as well as such other
        facilities as are necessary to ensure that they have freely entered into an agreement with
        a sufficient understanding of their rights and responsibilities;
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