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CBA and SEA Compliance Issues

This notice provides guidance to ILO MLC inspectors regarding Collective Bargaining Agreements (CBA) and Seafarer Employment Agreements (SEA) issues. It clarifies that a CBA past its due date remains valid if negotiations are ongoing and outlines how to handle deficiencies related to CBAs that do not meet Convention or Flag requirements. Additionally, it discusses the importance of signed SEAs and social security aspects, emphasizing the discretion inspectors have in determining deficiencies based on the number of unsigned agreements and the shipowner's social security obligations.

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Praksh Kakade
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70 views1 page

CBA and SEA Compliance Issues

This notice provides guidance to ILO MLC inspectors regarding Collective Bargaining Agreements (CBA) and Seafarer Employment Agreements (SEA) issues. It clarifies that a CBA past its due date remains valid if negotiations are ongoing and outlines how to handle deficiencies related to CBAs that do not meet Convention or Flag requirements. Additionally, it discusses the importance of signed SEAs and social security aspects, emphasizing the discretion inspectors have in determining deficiencies based on the number of unsigned agreements and the shipowner's social security obligations.

Uploaded by

Praksh Kakade
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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

Notice to ILO MLC Inspectors


No. 2013/04 CBA and SEA issues
June 2013 INTERNAL USE ONLY

Collective Bargaining Agreement (CBA) and


Seafarer Employment Agreement (SEA) issues
Collective Bargaining Agreement (CBA) past its due date.
Many deficiencies are recorded incorrectly for a CBA which has run past its due date. It should be
realised that it can take a considerable time to get a CBA agreed even where a company is looking
for a straightforward ITF type of agreement. A CBA that has run past its due date will remain valid
until the new agreement is in place. Provided the company states it has opened negotiations with
its social partners, a CBA past its due date should be recorded as an observation rather than a
deficiency.

CBA that does not meet Convention and/or Flag requirements.


A question often received is on what is to be done if a CBA does not meet Convention and/or Flag
requirements. For example: the table of wages in the CBA specifies the amount of leave pay for
Cadets as “0”, but the Convention specifies that a seafarer should receive a minimum of 2.5 days per
moth served paid leave. If the company complies with the CBA it has not done anything wrong,
because the CBA has been agreed between the company and the social partners.
Flag State requirements are to be checked. The CBA may have been endorsed by the Flag State. If
so, there is no deficiency because the company is acting in accordance with Flag State requirements.
If there is no Flag guidance on this issue an observation may be warranted.

Seafarer Employment Agreement (SEA) not available or signed


Where it is found that Seafarer Employment Agreements are not signed or available, professional
judgement needs to be exercised. If a large number of seafarers have not signed their SEA’s, for
example, that should be raised as a deficiency, but if only one or two have not signed that may be
worth only an observation. A significant number of seafarers are not aware of MLC requirements
and you will regularly come across situations where a seafarer has forgotten to take his SEA to the
ship. Remember that you have the discretion to give advice instead of issuing a deficiency, where
there is no clear breach that endangers the safety, health or security of the seafarers concerned.

Social security aspects.


Social security aspects are of concern to many MLC inspectors. The basic ‘social security protection’
is that provided by the shipowner through his P&I cover which will normally cover medical care,
sickness benefit and employment injury benefit. This can be confirmed through inspection of the
Certificate of Entry and is generally sufficient to consider this section to be complete. However, if the
SEA specifically refers to compulsory contributions by the shipowner and/or the seafarer, you will
need to check that payments are made.
Inspectors will sometimes raise a deficiency over an apparent lack of social security payments on
behalf of Filipino seafarers. These payments cover items such as social security , health and housing
and will usually be made directly by the shipowner as part of the fees payable to the SRPS (manning
agencies) in the Philippines. Inspectors should not expect to see any reference to social security
contributions in the wage slip or portage bill detailing the monthly wages earned by the seafarer.

FOR INTERNAL USE ONLY

Notices such as this will be issued on an irregular basis as and when required. If you need any advice during an ILO MLC
inspection you can contact the ILO Specialist or MMSO manager in your area.
Feedback on this notice should be provided to [email protected]

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