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HOURS OF WORK CONSULTATION ON PROPOSAL TO IMPLEMENT, BY MEANS OF MERCHANT SHIPPING REGULATIONS, REGULATION 2.4 OF THE ILO MARITIME LABOUR CONVENTION AND INTRODUCING A RIGHT TO TAKE A CASE UNDER THE  REGULATIONS TO AN EMPLOYMENT TRIBUNAL

This consultation seeks your views on the Maritime and Coastguard Agency’s proposals for giving full effect to Regulation 2.4 of the ILO Maritime Labour Convention 2006. This requires amendments to the Merchant Shipping (Hours of Work) Regulations 2002 Merchant Shipping (Hours of Work) Regulations 2002 (SI 2002/2125), as amended by the Merchant Shipping (Hours of Work) (Amendment) Regulations 2005 (SI 2004/1469). (the “Hours of Work” Regulations). We also propose to take the opportunity of amending the Hours of Work Regulations to provide seafarers with a right to take a case under the Regulations to an Employment Tribunal.  

Your views on the consultation package are invited. In particular:

DRAFT REGULATIONS

  • Do you consider that, as drafted, the proposed MS (Hours of Work)(Amendment) Regulations appropriately cover the requirements of the MLC? If not, please explain where you consider them to be deficient and suggest how they might be improved.  
  • Do you support the proposal to introduce the right to present a complaint under these Regulations to an Employment Tribunal?

DRAFT PARAGRAPHS FOR INCLUSION IN REVISION OF MERCHANT SHIPPING NOTICE  MSN 1767 (M)

  • MSN 1767 - http://www.mcga.gov.uk/c4mca/msn_1767_(m)-3.pdf
  • Is the draft text for inclusion in a revised version of MSN 1767(M) appropriate? If you consider that amended, additional or different guidance would be helpful, please provide specific suggestions and details.

DRAFT IMPACT ASSESSMENT

  • Do you consider that there will be any additional costs to you, or your company/organisation, associated with the increased annual leave entitlement? If you do consider that additional costs will be incurred, it would be appreciated if you could provide specific information on the likely scale of such costs in monetary terms, broken down into “one-off cost” and “average annual cost” and how they are made up, in order that we can refine the Impact Assessment.
  • Do you consider that there will be any additional costs to you, or your company/organisation, associated with the proposed right to make a complaint under the Regulations to an Employment Tribunal? If so, please provide details, as above.
  • Do you consider that there will be any additional costs to you, or your company/organisation, associated with giving seafarers the right to take a case under the Regulations to an Employment Tribunal? If you do consider that additional costs will be incurred, it would again be appreciated if you could provide specific information on the likely scale of such costs in monetary terms, broken down into “one-off cost” and “average annual cost” and how they are made up, in order that we can refine the Impact Assessment.  
  • If you envisage any benefits resulting to you, or your company/organisation, as a result of the introduction of the amending Regulations, it would be appreciated if you could also quantify these as far as possible in monetary terms broken down into “one-off benefit” and “average annual benefit”.  

Consultation Letter

Annex A: Maritime Labour Convention 2006 - Extract

Annex B: Draft Regulations

Annex C: Draft Paragraphs for MSN's

Annex D:Impact Assessment

Annex E: Explanatory Memorandum

Annex F: Code of Practice

Annex G: List of Consultees

Annex H: Customer Feedback

It would be appreciated, if responding on behalf of a company, if you would indicate whether this is a Micro Business (0 - 9 employees); a Small Business (10 - 49 employees); a Medium Business (50 - 249 employees), or a Large Business (250 + employees).

Comments on the specific points set out above, and any other comments you wish to make, should be provided in writing by post, fax or email to:-

Michael Lines

Manager (Policy)

Seafarer Safety & Health Branch

Maritime & Coastguard Agency

Bay 1/29 Spring Place

105 Commercial Road

Southampton

SO15 1EG

Tel:      023 8032 9246

Fax:     023 8032 9251

Email:  mike.lines@mcga.gov.uk

to arrive no later than Friday 29th May.