MLC Recruitment and Placement 2 — Questions and Answers
Question 1: Under MLC 2006, what must a member state do if it has no system of private or public recruitment and placement services for seafarers?
- Apply for an exemption from Regulation 1.4
- Ensure that seafarers are not employed on ships flying its flag
- Take measures to ensure a system is established that serves seafarers and shipowners (Correct answer)
- Outsource recruitment entirely to the International Labour Organization
Correct answer: Take measures to ensure a system is established that serves seafarers and shipowners
Standard A1.4, paragraph 1 requires each member state to ensure that an adequate system for seafarer recruitment and placement is in place, and where one does not exist, the state must take measures to establish one.
Question 2: In what way does MLC 2006 require recruitment and placement services to protect the personal data of seafarers?
- All personal data must be filed with the ITF within 30 days of placement
- Personal data may only be used for the purpose for which it was collected (Correct answer)
- Biometric data must be destroyed after the SEA is signed
- Personal data must be shared with port state authorities upon request
Correct answer: Personal data may only be used for the purpose for which it was collected
Standard A1.4, paragraph 5(c)(i) requires that recruitment services ensure seafarers' personal data is not used for any purpose other than that for which it was collected, protecting seafarer privacy.
Question 3: Before a seafarer can be placed on a ship under MLC 2006, which of the following must be completed?
- The seafarer must complete a six-month probationary period at sea
- The shipowner must obtain approval from the flag state for each individual placement
- The seafarer must be given adequate time to review and sign the Seafarer Employment Agreement (Correct answer)
- The recruitment agency must post a performance bond equal to three months' wages
Correct answer: The seafarer must be given adequate time to review and sign the Seafarer Employment Agreement
Under Regulation 2.1 and Standard A2.1, seafarers must be given the opportunity to examine and seek advice on the SEA before signing, ensuring informed consent before placement.
Question 4: Which of the following must a competent authority do when monitoring private recruitment and placement services under MLC 2006?
- Conduct inspections at least once every five years
- Establish a system for regular monitoring and investigation of complaints (Correct answer)
- Require agencies to publicly post all seafarer salaries on a government website
- Mandate that agencies be jointly operated with trade unions
Correct answer: Establish a system for regular monitoring and investigation of complaints
Standard A1.4, paragraph 2 requires the competent authority to have a system for regular monitoring of private recruitment and placement services, including an effective mechanism for investigating complaints.
Question 5: Under MLC 2006, what obligation does a shipowner have when engaging a recruitment and placement service that becomes insolvent or otherwise fails to meet its obligations?
- The shipowner is released from all responsibility upon agency insolvency
- The shipowner must notify the ILO within 48 hours of learning of the insolvency
- The shipowner remains responsible for meeting MLC requirements for seafarers on board (Correct answer)
- The port state takes over full responsibility for affected seafarers
Correct answer: The shipowner remains responsible for meeting MLC requirements for seafarers on board
Under Standard A1.4, paragraph 7, the shipowner retains ultimate responsibility for ensuring compliance with MLC obligations for seafarers on board, regardless of the condition or performance of the placement service.
Question 6: Which document must be made available to seafarers by recruitment and placement services before they sign the Seafarer Employment Agreement, under MLC 2006 guidelines?
- The ship's Port State Control inspection history
- A copy of the applicable collective bargaining agreement if one exists (Correct answer)
- The shipowner's profit and loss statements
- The ship's insurance policy covering personal injury
Correct answer: A copy of the applicable collective bargaining agreement if one exists
Standard A2.1, paragraph 1(d) requires that seafarers be given the opportunity to examine any applicable collective bargaining agreement before signing the SEA, ensuring they understand the terms governing their employment.
Question 7: Under MLC 2006 Standard A1.4, recruitment and placement services must have systems in place to:
- Guarantee employment for all registered seafarers within 30 days
- Ensure seafarers are informed of their rights and responsibilities before placement (Correct answer)
- Replace any seafarer who is dismissed within the first 90 days at no cost to the shipowner
- Provide advance wage payments equal to two months' salary before departure
Correct answer: Ensure seafarers are informed of their rights and responsibilities before placement
Standard A1.4, paragraph 5(c)(ii) requires recruitment services to have procedures to ensure that seafarers are informed of their rights and responsibilities under their employment agreements before or in the process of engagement.
MLC Recruitment and Placement 2
Under MLC 2006, what must a member state do if it has no system of private or public recruitment and placement services for seafarers?