In force2020 Revised Edition

Contents

Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 3 · Minimum Requirements for Seafarers’ Employment

12. Seafarer recruitment and placement services

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(1)

A person must not operate a seafarer recruitment and placement service in Singapore unless the person is authorised to do so by the Director.

(2)

Despite any written law to the contrary, a person must not demand or receive, directly or indirectly, from a seafarer or a person seeking employment as a seafarer (called a prospective employee), or from a person on behalf of a prospective employee, any remuneration for providing the prospective employee with employment.

(3)

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.

(4)

The Authority may, with the approval of the Minister, make regulations for the control and management of seafarer recruitment and placement services for the purposes of this Act and, in particular, in respect of all or any of the following matters:

(a)

prohibiting 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)

maintenance of a seafarer recruitment and placement register by the seafarer recruitment and placement services;

(c)

the recruitment and placement process;

(d)

ensuring that shipowners have the means to protect seafarers from being stranded in a foreign port;

(e)

the procedure for the examination of and response by the seafarer recruitment and placement services to any complaint concerning their activities;

(f)

prescribing a compensation scheme for the protection of seafarers in the event the seafarer recruitment and placement service or the shipowner fails to meet obligations under the seafarer’s employment agreement;

(g)

inspection of the premises and documents of any seafarer recruitment and placement service.

(5)

The Director or an inspector may, at any time, for the purposes of this section —

(a)

enter and inspect any premises of any seafarer recruitment and placement service;

(b)

require and enforce the production of any book, certificate or document relating to any ship, seafarer or seafarer recruitment and placement service; and

(c)

summon any person before the Director or inspector and require the person to answer questions.

(6)

To avoid doubt, this section does not affect the requirement of a person to comply with the Employment Agencies Act 1958.

(7)

A shipowner must not use a seafarer recruitment and placement service located in a state or territory that has not acceded to or ratified the Convention unless the shipowner has satisfied the Director that the seafarer recruitment and placement service is compliant with the requirements of the Convention.

Terms defined in s 2

Authority
Defined · s 2
“Authority” means the Maritime and Port Authority of Singapore established under the Maritime and Port Authority of Singapore Act 1996;
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Convention
Defined · s 2
“Convention” means the Maritime Labour Convention, 2006 adopted by the International Labour Organization at Geneva on 23 February 2006 and —(a)includes any amendment to the Convention which has come into force and has been accepted by the Government; and(b)where the context admits or requires, includes the Regulations, and the Standards in Part A of the Code, of the Convention;
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Director
Defined · s 2
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that Act;
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inspector
Defined · s 2
“inspector” means a person who —(a)is a surveyor of ships; or(b)is appointed in writing by the Director to be an inspector for the purposes of this Act;
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requirements of the Convention
Defined · s 2
“requirements of the Convention” refers to the requirements in the Articles, the Regulations, and Part A of the Code, of the Convention;
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seafarer
Defined · s 2
“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —(a)a pilot;(b)a port worker;(c)a person temporarily employed on the ship during the period it is in port; and(d)a person specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of persons not to be regarded as seafarers;
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seafarer recruitment and placement service
Defined · s 2
“seafarer recruitment and placement service” means any person, company, institution, agency or other organisation which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners;
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ship
Defined · s 2
“ship” has the meaning given by the Merchant Shipping Act 1995, but does not include —(a)any vessel which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where the Maritime and Port Authority of Singapore (Port) Regulations apply;(b)any warship or naval auxiliary;(c)any ship engaged in fishing or in similar pursuits;(d)any ship of traditional build such as dhows and junks;(e)any ship that is intended to be operated without any seafarer on board; and(f)any ship specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of ships to be excluded from the application of this Act;
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shipowner
Defined · s 2
“shipowner”, in relation to a ship, means the owner of the ship, and includes —(a)the registered owner; or(b)in the absence of registration —(i)the person owning the ship; or(ii)any other person (such as the ship manager, agent or bareboat charterer) who has assumed responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, whether or not any other organisation or person fulfils certain of the duties or responsibilities on the shipowner’s behalf;
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