Basic Conditions of Employment Act, 1997
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Seafarer Recruitment and Placement) Regulations, 2017Part 2 : Seafarer Recruitment and Placement Services7. Duties of seafarer placement and recruitment services |
| (1) | A seafarer recruitment and placement service— |
| (a) | maintain an up-to-date register of every seafarer recruited or placed by the service, which register must be available for inspection by the Authority; |
| (b) | ensure that seafarers are informed of their rights and duties under their employment agreements prior to engagement; that proper arrangements are made for seafarers to examine their employment agreements before and after they are signed; and that the seafarers concerned receive copies of their agreements; |
| (c) | verify that seafarers recruited or placed by the service are properly qualified and hold the appropriate qualifications for the position; |
| (d) | ensure that the shipowner has the means to repatriate seafarers; |
| (e) | examine and respond to any complaint about the placement and recruitment of seafarers by the service; |
| (f) | forward to the Authority all complaints received about on-board working or living conditions; |
| (g) | establish a system of protection, by way of insurance or an equivalent system, to compensate seafarers recruited and placed by them for any monetary losses that they may incur as a result of the failure of the service to meet its obligations to them; |
| (h) | advise the seafarer accordingly if the ship on which the seafarer is to be placed, is registered in a country that has not ratified the Convention, and of any possible problems; |
| (i) | advise the seafarer of any particular conditions applicable to the job, and the shipowner's policies relating to employment; |
| (j) | ensure that requests for information or advice directed by the families of seafarers who are at sea, are dealt with promptly, sympathetically and at no cost; |
| (k) | ensure that the shipowner has in place financial protection to cover— |
| (i) | medical costs in the event of an accident; |
| (ii) | funeral and death benefits, including the repatriation of the body; |
| (iii) | loss of personal belongings due to an accident to the ship; and |
| (iv) | repatriation costs in the event that the seafarer is stranded in any port; and |
| (l) | ensure the confidentiality of documents submitted by a seafarer. |
| (2) | A seafarer recruitment and placement service may not use any means, mechanism or list intended to prevent or deter any person from gaining employment for which they are qualified. |
