Marshall Islands issues guidelines for compliance with seafarer recruitment and placement services

The Republic of the Marshall Islands Maritime Administrator issued an updated notice on ensuring compliance with standards for seafarer recruitment and placement services.

The notice was published on 1 June 2024.

Purpose: To ensure that seafarers have access to efficient and well-regulated recruitment and placement services (RPS) in non-MLC ratified countries. Updates previous guidelines to incorporate 2022 amendments.

Background: The Republic of the Marshall Islands ratified the MLC, 2006, on September 25, 2007. The convention mandates member states to regulate the use of RPS by shipowners under their flag.

Applicability: Applies to all shipowners and operators of Marshall Islands-flagged ships covered by the MLC, 2006.

Definitions: Seafarer RPS refers to any organization involved in recruiting or placing seafarers on behalf of shipowners.

Requirements:

Compliance in Non-Convention Countries:

• Shipowners/operators must ensure that RPS in non-Convention countries meet Convention requirements as far as practicable.

Demonstrating Compliance:

• Compliance can be demonstrated through third-party audited RPS that meet the standards outlined in the notice.
• Shipowners/operators must maintain a copy of the seafarer RPS certification in their records.

Appendix - Standards for Seafarer RPS in Non-Convention Countries:

General:

• RPS must not use methods to prevent seafarers from gaining employment.

Fees:

• RPS must not charge seafarers any recruitment fees except for specific personal document costs.
• Management must issue a statement confirming no fees are charged and publicize any costs borne by seafarers.

Data Register:

• Maintain an up-to-date register of recruited or placed seafarers, ensuring privacy and confidentiality.
• Records should include qualifications, employment history, personal, and medical data.
• Address family inquiries promptly and without cost.

Age Limit:

• Prohibit engagement of persons under 16 or under 18 as ship’s cook.

Seafarer Rights and Duties:

• Inform seafarers of their rights and duties under employment agreements before signing.

Employment Agreements:

• Agreements must comply with laws, regulations, and collective bargaining agreements, including details on wages, leave, termination, benefits, and repatriation.
• Seafarers must be able to examine their agreements and receive a signed copy.

Qualifications:

• Only recruit seafarers who are trained, certified, and qualified for their duties.

Medical Certificate:

• Seafarers must have a valid medical certificate attesting fitness for duty, issued by a qualified practitioner.

Shipowners’ Means:

• Ensure shipowners can protect seafarers from being stranded in a foreign port.

Complaints:

• Respond to complaints about their activities and inform the RMI Maritime Administrator of unresolved complaints.

Compensation for Monetary Loss:

• Establish a system to compensate seafarers for monetary loss due to agency or shipowner failures, effective from December 23, 2024.

Advice on Non-Convention Ships:

• Advise seafarers on potential issues with working on ships from non-MLC ratified countries.

Prevention of Exploitation:

• Have procedures to prevent seafarer exploitation and avoid financial transactions between shipowners and seafarers through the RPS.

Seafarer Documents:

• Ensure all mandatory certificates and documents are up-to-date, authentic, and verified.

For more information, please see the document below (available only to subscribers):

Demonstrating Compliance of Seafarer Recruitment and Placement Services