Step 1: Inspection
Ship Inspection by the Public Administration, covering 14 illustrative areas subject to certification:
- Minimu age
- Medical certificates
- Seafarer’s qualifications
- Seafarer’s employment agreements
- Use of authorised, certified or regulated, private recruitment and placement services
- Work and rest hours
- Ship’s facilities
- On board recreation facilities
- Food and catering
- Health and safety protection and accident protection
- Medical care on board
- On-board complaint procedures
- Payment of wages
Step 2: Certification
After the inspection the competent authority shall issue the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance, Part I.
In Spain the competent authority for issuing both Certificates is the Dirección General de la Marina Mercante (General Directorate of Merchant Shipping) subsequent to the issuance of a binding report from the Dirección General de la Inspección de Trabajo y Seguridad Social (General Directorate of the Inspectorate of Work and Social Security) and the Instituto Social de la Marina (Social Marine Institute).
The Certification will be valid for a maximum of 5 years.
Part I of the Declaration sets out the list of areas subject to inspection (that is, the above list of 14 points) and will indicate the national legislation to be followed, as adapted to the scope of the Convention.
Step 3: Part II Declaration of Maritime Labour Compliance
The Declaration of Maritime Labour Compliance Part II shall be drawn up by the shipowner and shall identify the measures that will be adopted to ensure ongoing compliance with the regulations included in Part I, as well as the measures that will ensure that there is continuous improvement.
This Declaration will be certified by the competent authority.
Step 4: Requirement to carry certification
The ship will carry on board, and in a place visible to the seafarers, a valid Maritime Labour Certificate and valid Declaration of Maritime Labour Compliance.
Step 5: Strict compliance to avoid penalties
Failure to comply with the requirements set out, or failure to adopt corrective measures where required after inspection, will lead to penalties.
Where the deficiencies observed constitute a serious violation of seafarer’s rights or represent considerable danger to the health and safety or the protection of seafarers, the boat will be impounded.
Our office will provide assistance and legal advice to all parties affected by the Convention; from helping shipowners deal with the preparation and processing of the required documentation, to assisting with inspections, reviewing employment contracts and providing legal defence in any eventual penalty proceedings.