|
|
MERCHANT SEAMEN
| 99. |
(1) |
The rights
and obligations of every person employed on any ocean going merchant vessel
registered under this Act and any persons employing such person shall, with
respect to terms and conditions of employment and other matters relating to
employment and the internal order of such vessel be governed by this Chapter. |
|
(2) |
The
provisions of this Chapter shall not apply to- |
|
|
(a) |
persons employed on
vessels of less than 75 net tons; |
|
|
(b) |
persons employed solely
in ports in repairing, cleaning, stevedoring and loading or unloading the
vessels; and |
|
|
(c) |
pilots. |
| 100. |
In this Chapter unless
the context otherwise requires- |
|
"crew" means
collectively the persons, other than the officers and the master, serving in any
capacity on board a vessel; |
|
"fishing vessel" means
a vessel used for catching fish, seals, walrus and other living creatures at
sea; |
|
"foreign trade" means
trade between foreign countries or between Vanuatu and foreign countries; |
|
"master" means any
person having command of a vessel; |
|
"seaman" means any or
all members of the crew and officers other than the master and pilots, employed
or engaged in any capacity on board any vessel; |
|
"shipowner" includes
the charterer of any vessel where he mans, victuals and navi gates such vessel
at his own expense or by his own procurement; |
|
"vessel" means any
vessel registered under this Act. |
| 101. |
A Vanuatu vessel shall
not be navigated unless it has in its service and on board such complement of
officers and crew as is necessary for safe navigation. The Minister on the
recommendation of the Commissioner may, from time to time, make such rules and
regulations as are deemed by him necessary and appropriate to ensure compliance
with this
section. |
| 102. |
Except when prevented
by force majeure, all officers of vessels of Vanuatu shall obtain licences to
fill their relative positions from the Commissioner or any Deputy Commissioner
authorised to issue licences. |
103.
15 of 87 |
Any person who shall
receive or shall have in his possession any licence, certificate or document
issued to officers or crew by the Commissioner or Deputy Commissioner to which
he is not lawfully entitled, or any false licence, certificate or document, with
intent to use the same unlawfully, or who without lawful authority shall alter
or change any genuine license, certificate or document; or who shall in any
manner transfer or arrange for the transfer of any such license, certificate or
document; or who shall aid or abet the preparation of any of the foregoing acts
shall, for each offence, be liable to a fine of not more than 10,000 dollars or
imprisonment for not more than one year, or
both. |
| 104. |
Any contractual
provision to the contrary notwithstanding, the shipowner, with or without good
cause, may at any time terminate the employment of and dismiss the master. |
| 105. |
The master
shall among others, have the following duties - |
|
(a) |
to enter into shipping
articles with seamen as hereinafter provided; |
|
(b) |
to maintain discipline
on board the vessel and to take all such steps as are necessary and appropriate
in connection therewith; |
|
(c) |
to assume
responsibility for the receipt of cargo by the vessel, stowage of cargo on board
the vessel insofar as such stowage affects the safety or navigability of the
vessel, and for the discharge of cargo from the
vessel; |
|
(d) |
to assume full
responsibility for the safety of the members of the crew and passengers, if any,
and to take all necessary and appropriate steps in connection therewith; |
|
(e) |
to assume full
responsibility for the navigation of the vessel at all
times; |
|
(f) |
to assume full
responsibility for the vessel's funds and the disbursement thereof; |
|
(g) |
to ascertain that the
vessel's log books are properly and accurately
kept; |
|
(h) |
to keep in his custody
all of the vessel's documents; |
|
(i) |
to make all reports
required by or under this Act or by any regulation made hereunder or by the
regulations of any ports at which the vessel may
call; |
|
(j) |
to render assistance in
the saving of life and property at
sea. |
| 106. |
When a vessel
is at sea, the master is authorised to- |
|
(a) |
marry passengers or
other persons aboard; |
|
(b) |
issue birth
certificates for children born at sea; |
|
(c) |
bury persons who have
died on board the vessel while at
sea. |
| 107. |
Except as otherwise
provided, the master of a Vanuatu vessel shall have the same rights in respect
of wages, maintenance, cure and repatriation as are hereinafter provided for
seamen. |
| 108. |
The personal
representative of the master of a Vanuatu vessel shall have the same rights in
case of the master's wrongful death as hereinafter provided in respect of
seamen. |
| 109. |
Before the master of
any Vanuatu vessel of 75 net tons or more shall sail from any port, there shall
be in force shipping articles (sometimes referred to as articles) with every
seaman on board his vessel, except with persons who are apprenticed to, or
servants of, himself or the vessel's owner. The shipping articles shall be
written or printed and shall be subscribed by every seaman shipping on the
vessel and shall state the period of engagement or voyage and the term or terms
for which each seaman shall be shipped and the rate of pay for each and such
other items as may be required by regulations made under this
Act. |
| 110. |
Any other provisions of
this Act to the contrary notwithstanding, shipping articles between the master
and crew shall not be a requirement with respect to Vanuatu vessels engaged in
the search for and development of offshore oil, gas or mineral resources or in
the support thereof, where the master and crew of such vessels have entered into
written contracts of employment with the owners or operators of such vessels;
provided such contracts meet the requirements established by the Commissioner or
a Deputy Commissioner. In the event such employment contracts take the place of
shipping articles as provided in this section, all references in the Act to
shipping articles or articles shall, except to the extent that it would be
inconsistent with this section, be deemed to refer to such employment contract. |
| 111. |
If any person
fraudulently alters, or makes any false entry in any shipping article, and if
any person aids in committing, or procures to be committed, any such offence, he
shall, in respect of each offence, be liable to a fine not exceeding 500
dollars. |
| 112. |
If any person shall be
carried to sea as an officer or one of the crew on board any vessel making a
voyage as hereinbefore specified, without entering into shipping articles with
the master of such vessel, in the form and manner and at the place and times in
such cases required, the vessel shall be held liable for each such offence to a
fine not exceeding 200 dollars. But the vessel shall not be held liable for any
person carried to sea, who shall have secretly stowed himself away without the
knowledge of the master, mate or of any of the officers of the vessel, or who
shall have falsely personated himself to the master or officers of the vessel,
for the purpose of being carried to
sea. |
| 113. |
(1) |
Shipping articles for
the duration of a single voyage terminate as soon as unloading of the cargo is
completed at the last port of destination. |
|
(2) |
Shipping articles for
the duration of a round voyage terminate as soon as unloading of any cargo is
completed at the port where the seamen were
engaged. |
|
(3) |
If the voyage is
extended to a port other than that port designated in the shipping articles as
the end of the voyage, the articles shall be extended and the wages shall be
continued accordingly. If the voyage is shortened, the wages shall be paid to
the date of termination of the voyage. |
|
(4) |
Where shipping articles
are not for a stated period they shall be deemed to be for a period of not less
than 1 year and shall terminate at the expiration of the 1 year period, provided
that at least 5 days prior notice has been given. In the absence of such notice
the agreement shall continue but shall be terminable thereafter upon at least 5
days notice by either party. Nothing in this subsection shall apply to, or
preclude, shipping articles for a stated period of
time. |
|
(5) |
When shipping articles
expire while the voyage is still incomplete, they shall be extended until the
vessel arrives at the port of her destination, and the wages shall be continued
accordingly. |
| 114. |
Where the
shipping articles have terminated because of- |
|
(a) |
transfer of registry;
or |
|
(b) |
transfer of ownership;
or |
|
(c) |
abandonment of vessel;
or |
|
(d) |
loss of vessel, |
|
the seamen
shall be entitled to compensation equal to 15 days base wages or the base wages
until the expiration of the period for which he was engaged, whichever shall be
least; provided however that the seaman is not employed as a seaman during such
period and provided further that during such period the seaman has not refused
substantially equivalent seagoing
employment. |
| 115. |
(1) |
The master shall sign
and give to a seaman discharged from his vessel, either on his discharge or on
payment of his wages, a certificate of service in a form approved by the
Commissioner, specifying the period of his service and the time and place of his
discharge. |
|
(2) |
If any person forges or
fraudulently alters any certificate of service, he shall be guilty of an
offence. |
| 116. |
No certificate of
service shall need to be given covering the service of any person exempted from
the shipping articles requirement in terms of section
110. |
117.
15 of 87 |
(1) |
Notwithstanding any other provision in this Act, persons under the
age of sixteen shall not be employed or work on Vanuatu vessels registered under
this Act, except on vessels upon which only members of the same family are
employed, school-ships or training ships. |
| 15 of 87 |
(2) |
The Master
shall keep a register of all persons under the age of sixteen years employed on
board his vessel, as required by Regulation. |
| 15 of 87 |
(3) |
Provided,
that such persons may occasionally take part in the activities on board such
vessels during school holidays, subject to the conditions that the activities in
which they are engaged - |
|
|
(a) |
are not harmful to
their health or normal development; |
|
|
(b) |
are not such as to
prejudice their attendance at school; and |
|
|
(c) |
are not intended for
commercial profit. |
| 15 of 87 |
(4) |
Persons under
the age of eighteen years shall not be employed or work on coal-burning vessels
as trimmers or stokers. |
| 118. |
(1) |
Wages shall commence on
the day specified and agreed to in the shipping articles or at a time of
presence on board the vessel for the purpose of commencing work, whichever
occurs first and shall terminate on the day of discharge or termination of the
articles. |
|
(2) |
In the absence of any
agreement to the contrary, the shipowner or the master of the vessel shall pay
to every seaman his wages within 2 days after the termination of the articles,
or at the time when the seaman is discharged, whichever occurs first. |
|
(3) |
A seaman is entitled to
receive in local currency, on demand, from the master one half of his wages
actually earned and payable at every intermediate port where the vessel shall
load or deliver cargo before the voyage is ended, but not more than once in any
10 day period. In case of wrongful failure to pay a seaman wages on demand, the
seaman shall become entitled to a payment of full wages
earned. |
|
(4) |
Every master shall
deliver to the seaman, before payment, a full and true account of his wages, and
all deductions to be made therefrom on any account whatsoever, and in default
shall, for each offence, be liable to a fine not exceeding 25 dollars. |
| 119. |
Any seaman who has
signed shipping articles and is afterward discharged before the commencement of
the voyage or before 1 month's wages are earned, without fault on his part
justifying such discharge and without consent, shall be entitled to receive in
addition to his earned wages a sum equal in amount to 1 month's wages as
compensation. |
| 120. |
A stowaway signing the
vessel's articles is entitled to wages, but not to maintenance and cure as
herein provided. The master shall discharge him at the first convenient port of
call. Nothing in this section shall require a stowaway to be signed on shipping
articles. |
| 121. |
The master
may discharge a seaman for justifiable cause, including any of the following
grounds- |
|
(a) |
unjustified failure to
report on board at such times and dates as may be specified by the master; |
|
(b) |
incompetence to perform
duties for which the seaman has represented himself as
qualified; |
|
(c) |
theft, embezzlement or
wilful destruction of any part of the vessel, its cargo or
stores; |
|
(d) |
serious insubordination
or wilful disobedience or wilful refusal to perform assigned duties; |
|
(e) |
mutiny or desertion; |
|
(f) |
habitual intoxication,
quarrelling or fighting; |
|
(g) |
possession of dangerous
weapons, narcotics or contraband articles; |
|
(h) |
intentional concealment
from the shipowner or master at or prior to engagement under the shipping
articles of a condition which resulted in sickness or
injury. |
| 122. |
(1) |
It shall be unlawful to
pay any seaman wages in advance of the time when they are actually earned, or to
pay such advance wages, or to make any order or note or other evidence of the
indebtedness therefor to any other person, or to pay to any person for the
shipment of any seaman when payment is deducted or to be deducted from a
seaman's wages. Any person violating any of the provisions of this section shall
be liable to a fine not exceeding 50 dollars. |
|
(2) |
It shall be lawful for
the master and any seaman to agree that an allotment of a portion of the
seaman's earnings may be payable to a spouse, children, grandchildren, parents,
grandparents, brothers or sisters, or to a bank account in the name of the
seaman. |
| 123. |
The wages and clothing
of a seaman shall not be subject to attachment or arrestment from any court; and
any assignment or sale of wages or of salvage made prior to the accruing thereof
shall not bind the seaman, except
allotments. |
| 124. |
(1) |
Every master
and seaman shall be entitled after 12 months on continuous service on a vessel
or for the same employer to receive an annual vacation allowance equivalent to- |
|
|
(a) |
in the case of masters
and officers not less than 12 days base wages; |
|
|
(b) |
in the case of other
members of the crew not less than 8 days base
wages. |
|
(2) |
Every seaman
shall be entitled to a minimum of 5 paid holidays per
year. |
| 125. |
No seaman shall by any
agreement forfeit his lien upon the ship or be deprived of any remedy for the
recovery of his wages to which he would otherwise have been entitled; and every
stipulation by which any seaman consents to abandon his right to his wages in
the case of the loss of the ship or to abandon any right which he may have
obtained in the nature of salvage shall be wholly void and inoperative. |
| 126. |
No right to wages on
the part of any seaman shall be dependent on the earnings of freight by the
vessel. |
| 127. |
(1) |
Subject to
subsection (3) in the event of disabling sickness or injury, while a seaman is
on board a vessel under signed shipping articles or off the vessel pursuant to
an actual mission assigned to him by, or by the authority of, the master, the
seaman shall be entitled to- |
|
|
(a) |
full wages, as long as
he is sick or injured and remains on board the
vessel; |
|
|
(b) |
medical and surgical
treatment and supply of proper and sufficient medicines and therapeutical
appliances, until medically declared to have reached a maximum cure or to be
incurable, but in no event more than 30 weeks from the day of the injury or
commencement of sickness; |
|
|
(c) |
an amount equal to
board and lodging up to a maximum period of 30 weeks, and one third of his base
wages during any portion of such period subsequent to his landing from the
vessel but not to exceed a maximum period of 16 weeks commencing from the day of
injury or commencement of the sickness; |
|
|
(d) |
repatriation as
provided in section 133 including, in addition, all charges for his
transportation, accommodation and food during the journey and his maintenance up
to the time fixed for his departure. |
|
(2) |
The shipowner
or his representative shall take adequate measures for safeguarding property
left on board by sick, injured or deceased
seaman. |
|
(3) |
The seaman
shall not be entitled to any of the benefits provided under subsection (1) if - |
|
|
(a) |
such sickness or injury
resulted from his wilful act, default or
misconduct; |
|
|
(b) |
such sickness or injury
developed from a condition which was intentionally concealed from the employer
at or prior to his engagement under the articles; |
|
|
(c) |
he refuses medical
treatment for such sickness or injury or is denied such treatment because of his
misconduct or default; |
|
|
(d) |
at the time of his
engagement he refused to be medically examined. |
|
(4) |
The seaman
shall have a maritime lien against the vessel for any wages due to him under
this section. |
127A.
15 of 87 |
In addition to wages,
maintenance and cure under section 127, and in addition to any liability for
wrongful death under section 128, a seaman on board a vessel under signed
shipping articles or off the vessel pursuant to an actual mission assigned to
him by or by the authority of the master, shall be entitled as provided by
Regulation to the benefit of a direct compensation for loss of life, payable to
his designated beneficiary or beneficiaries. It shall be the shipowner's
obligation to provide such benefit free of any charge to the seaman. |
| 128. |
Whenever the death of a
seaman, resulting from an injury, shall be caused by wrongful act, omission,
neglect or default occurring on board a vessel, the personal representative of
the deceased seaman may maintain an action for damages, for the exclusive
benefit of the deceased's wife, husband, parent, child or dependent relative,
against the vessel, person or corporation which would have been liable if death
had not
ensued. |
| 129. |
In the event of a death
on board a vessel, an entry shall be made into the vessel's logbook by the
master and one of his officers. He shall also report the death to the
authorities at the first port of arrival and shall submit a statement signed by
him to the Commissioner or to the Deputy Commissioner. The logbook entry and
statement shall contain the first and last name, sex, nationality, year and
place of birth of the deceased person, the cause of death, place of death
(latitude, longitude), date and time of death and the names of next-of-kin, if
known, and the name of the vessel. If the deceased person is a seaman, the entry
and statement shall contain, in addition, his rank or rating, place and address
of his residence or domicile and the number of his licence with date of
issuance. The statement submitted by the master shall be countersigned by any
attending physician aboard, otherwise by one of the ship's officers. A list of
personal effects and amounts of money left on board the vessel shall be
attached. |
| 130. |
Upon the request of
anyone having legal interest and where a death has been reported in accordance
with the requirements of section 129, the office of the Commissioner or of the
Deputy Commissioner shall issue a death certificate containing the particulars
set forth in section 129. Where the deceased was a citizen or a resident of
Vanuatu, such certificate shall be recorded there as required by law. |
| 131. |
In the case of the
death of a seaman occurring on board the vessel or in the case of his death
occurring on shore, if at that time he was entitled to medical care and
maintenance at the shipowner's expense, the shipowner shall be liable to defray
reasonable local funeral expenses and make payment of the base wages of the
deceased seaman up to the end of the month in which the death occurs. |
| 132. |
In relation
to members of the crew on a vessel engaged in foreign trade the following shall
apply - |
|
(a) |
the normal hours of
work in port and at sea shall be 8 per day; |
|
(b) |
work performed over and
above the 8 hour period shall be considered as overtime and shall be compensated
for at overtime rates; |
|
(c) |
a sufficient number of
men shall be employed to promote safety of life at sea and to avoid excessive
overtime; |
|
(d) |
whenever the master of
any vessel shall fail to comply with this section, he shall be liable to a fine
not exceeding 100 dollars for every offence under this
section. |
| 133. |
(1) |
Any seaman
who is put ashore at a port other than the one where he signed the shipping
articles and who is put ashore for reasons for which he is not responsible,
shall be returned as a crew member or otherwise, but without expense to him |
|
|
(a) |
at the shipowner's
option, to the port at which he was engaged or where the voyage commenced or to
a port of the seaman's own country; or |
|
|
(b) |
to another port, agreed
upon between the seaman and the shipowner or the
master. |
|
|
However, in
the event that the seaman's contract period of service has not expired, the
shipowner shall have the right to transfer him to another of the shipowner's
vessels to serve thereon for the balance of the contract period of service. |
|
(2) |
Any seaman
whose period of employment is terminated by reason of completion of the voyage
for which he was engaged or by expiration of his contract period of employment
shall be entitled to repatriation, at no expense to him, to the port at which he
was engaged or to such other port as may be agreed
upon. |
|
(3) |
The right to
repatriation shall be lost by failure of the seaman to request repatriation
within 1 week from the time that he is in a condition to be repatriated. |
| 134. |
A seaman
shall forfeit his right of repatriation in any of the following events - |
|
(a) |
desertion; |
|
(b) |
entering into a new
agreement with the same owner after his
discharge; |
|
(c) |
entering into a new
agreement with another owner after his
discharge; |
|
(d) |
contravening sections
137,139 and 140; |
|
(e) |
unjustifiable
repudiation of the shipping
articles. |
| 135. |
(1) |
Any seaman on
a Vanuatu vessel who commits any of the following offences may in addition to
any other penalty provided herein, be punished by the master as follows- |
|
|
(a) |
for neglecting or
refusing without reasonable cause to join his vessel or to proceed to sea in his
vessel, or for absence without leave at any time within 24 hours of the vessel's
sailing from any port, either at the commencement or during the progress of the
voyage, or for absence at any time, without leave and without sufficient reason
from his vessel and from his duty, not amounting to desertion, by forfeiture
from his wages of not more than 2 days wages or sufficient to defray any
expenses which shall have been properly incurred in hiring a substitute; |
|
|
(b) |
for quitting the vessel
without leave before she is placed in security, by forfeiture from his wages of
not more than 1 month's wages; |
|
|
(c) |
for intoxication or
wilful disobedience to any lawful command or continued wilful neglect of duty by
being placed in restraint until such intoxication or disobedience shall cease,
and by forfeiture from his wages of not more than 4 day's
wages; |
|
|
(d) |
for continued
intoxication or wilful disobedience to any lawful command or continued wilful
neglect of duty by being placed in restraint until such intoxication,
disobedience or neglect shall cease, and by forfeiture, for every 24 hours
continuance of such intoxication, disobedience or neglect, a sum of not more
than 12 day's wages; |
|
|
(e) |
for wilfully damaging
the vessel or embezzling or wilfully damaging any part of the stores or cargo,
whether on board the vessel, in boats or ashore, by forfeiture out of his wages
of a sum equal in amount to the loss thereby
sustained; |
|
|
(f) |
for any act of
smuggling, whereby loss or damage is occasioned to the master or shipowner, by
payment to such master or shipowner of such a sum as is sufficient to reimburse
the master or shipowner for such loss or damage, and the whole or any part of
his wages may be retained in satisfaction or on account of such liability; |
|
|
(g) |
for assaulting any
master, pilot or officer, by forfeiture from his wages of not more than 3 months
pay; |
|
|
(h) |
for mutiny or
desertion, by forfeiture of all accrued wages. |
|
(2) |
All earnings
forfeited as a result of penalties imposed by the master pursuant to this
section shall be applied to reimburse the master or shipowner for any loss or
damage resulting from the act for which the forfeiture was imposed, and the
balance with an accounting thereof shall thereupon be forwarded to the
Commissioner or Deputy
Commissioner. |
| 136. |
Flogging and all other
forms of corporal punishment are hereby prohibited on board any vessel, and any
master who shall violate the provision of this section shall be guilty of an
offence. |
| 137. |
Whoever, being a
master, seaman or other person on any vessel, by wilful breach of duty or by
reason of drunkenness, does any act tending to the immediate loss or destruction
of, or serious damage to, such vessel or her cargo, or tending immediately to
endanger the life or limb of any person belonging to or on board of such vessel,
or by wilful breach of duty or by neglect of duty or by reason of drunkenness
refuses or omits to do any lawful act proper and requisite to be done by him for
preserving such vessel and her cargo from immediate loss, destruction or serious
damage or for preserving any person on such vessel from immediate danger to life
or limb, shall be liable to a fine not exceeding 2,500
dollars. |
| 138. |
(1) |
Any seaman who deserts
from his vessel with the intention of not returning to duty and who remains
unlawfully in a foreign country shall be guilty of desertion and shall be liable
to answer for any damages or losses suffered by the shipowner as a consequence
of such desertion. |
|
(2) |
The master shall make
an entry of all desertions in the logbook and file a report with the consul, or,
if there be no consul at the port, with the office of the Deputy Commissioner.
The local authorities of the port shall be notified and requested to apprehend
and deliver the deserter. |
| 139. |
Whoever, being of the
crew of a vessel of Vanuatu, endeavours to make a revolt or mutiny on board such
vessel, or combines, conspires or confederates with any other person on board to
make such revolt or mutiny, or solicits, incites or stirs up any other of the
crew to disobey or resist the lawful orders of the master or other officers of
such vessel, or to refuse or neglect his proper duty on board thereof, or to
betray his proper trust, or assembles with others in a tumultuous and mutinous
manner, or makes a riot on board thereof, or unlawfully confines the master or
other commanding officer thereof, shall be liable to a fine not exceeding 1,000
dollars or to imprisonment for a term not exceeding 5 years or to both. |
| 140. |
Whoever, being a crew
of a vessel of Vanuatu, unlawfully and with force, or by fraud or intimidation,
usurps the command of such vessel from the master or other lawful officer in
command thereof, or deprives him of authority and command on board, resists or
prevents him in the free and lawful exercise thereof, or transfers such
authority and command to another not lawfully entitled thereto, is guilty of a
revolt and mutiny and shall be liable to a fine not exceeding 2,000 dollars or
to imprisonment for a term not exceeding 10 years, or to
both. |
| 141. |
Upon the commission of
any offence, an entry thereof shall be made in the official logbook of the
vessel on the day on which the offence was committed and any penalty or fine
imposed and shall be signed by the master and by the mate or one of the crew;
and the offender, if still on the vessel, shall before her next arrival at any
port or, if she is still at the time in port, before her departure therefrom, be
furnished with a copy of such entry and have the same read over distinctly and
audibly to him, and may thereupon make such a reply thereto as he thinks fit;
and a statement that a copy of the entry has been so furnished or the same has
been read over, together with his reply, if any, made by the offender, shall
likewise be entered and signed in the same
manner. |
| 142. |
(1) |
Whoever, being master
or in charge of a vessel of Vanuatu, maliciously and without justifiable cause
forces any member of the crew of such vessel on shore in order to leave him
behind in any foreign port or place, or refuses to bring to such place as is
required under the articles any member of the crew of such vessel in condition
and willing to proceed when the master is ready to proceed, shall be liable to a
fine not exceeding 500 dollars. |
|
(2) |
The abandoned seaman
shall retain his right to
repatriation. |
| 143. |
Seamen and their
employers, without distinction whatsoever, shall have the right to establish,
and to become members of, organizations of their choosing, always subject to the
jurisdiction of Vanuatu. |
| 144. |
It shall be unlawful
for any employer, employer organization or labour organization to coerce any
seaman in the exercise of his choice whether to establish, become a member or
participate in any labour organization; provided that any provision in a labour
contract entered into pursuant to section 146 shall not be deemed to be in
violation of this section. |
| 145. |
(1) |
It shall be lawful for
any employer or employer organization and any labour organization representing
seamen to bargain and enter into a labour contract concerning wages and other
terms and conditions of employment; provided that no labour contract provisions
may be contrary to the laws or regulations of Vanuatu or deprive Vanuatu of any
jurisdiction over labour relations. |
| 15 of 87 |
(2) |
A copy of any labour
contract between the employer and an organization representing seaman employed
on a vessel shall be placed on board the said vessel and shall be made available
to maritime or judicial authorities when
requested. |
| 146. |
It shall be lawful for
any employer or employer organization and any labour organization to agree to be
bound by any provisions in entering into a labour contract; provided that such
provisions are not prohibited by the laws or regulations of Vanuatu. |
147.
15 of 87 |
It shall be unlawful
for any employer or employer organization or employee or labour organization to
attempt to bargain for, or to enter into, any labour contract containing any
provision which attempts to set aside the application of or is inconsistent with
or is violative of the laws of the Republic of Vanuatu, or which prescribes
terms or conditions of employment less favourable to seamen than those set forth
in this Chapter, or which discriminates as to terms and conditions of employment
on the basis of race, colour or
creed. |
| 148. |
Whenever an
employer or employer organization and a labour organization have entered into a
labour contract providing that such labour organization shall be sole bargaining
representative of seamen pursuant to section 146 it shall be unlawful- |
|
(a) |
for the employer or
employer organization to bargain with or enter into labour contract pertaining
to such seamen with any other labour organization;
or |
|
(b) |
for any other labour
organization to attempt to bargain with or enter into a labour contract
pertaining to such seamen with the employer or employer organization, prior to
30 days before the termination of such agreement or before the expiration of 3
years from the effective date of such agreement, whichever event shall occur
first. |
149.
15 of 87 |
(1) |
It shall be
unlawful for any person or labour organization to promote o to
engage in any
strike or picketing, or any boycott or like interference with the internal order
or operation of a vessel, unless: |
|
|
(a) |
a majority of seamen on
the vessel involved have voted by secret ballot that such action be taken; and |
|
|
(b) |
at least thirty days
written notice of intention to take such action has been given to the employer
or the Master; and |
|
|
(c) |
the procedures of
conciliation, mediation and arbitration under section 150 have been followed to
conclusion. |
| 15 of 87 |
(2) |
Nothing
contained in subsection (1) hereof hall be deemed to permit any strike or
picketing, or any boycott or like interference with the internal order or
operation of a vessel contrary to the provisions in any existing labour contract
or any contract for seafaring
labour. |
150.
15 of 87
8 of 89 |
It is
declared to be the policy of the Republic of Vanuatu to place upon employers and
employer organizations and employees and labour organizations the primary
responsibility for avoidance of any interruption in foreign or domestic maritime
commerce. |
|
In the event
that an agreed settlement between the parties to any dispute, difference or
grievance is not effected, the following conciliation, mediation and arbitration
procedures, as may be further implemented by regulation, shall apply: |
|
(1) |
If the dispute is not
resolved, crew members shall present their case to the employer through the
Master or his appointee, or, if the matter is to the prejudice of the Master,
then directly to the employer. Crew members may be represented in the matter by
a labour organization which is a party to a labour contract entered into
pursuant to section 145, and which covers the crew members. Efforts shall be
made to conciliate the matter and to find an agreeable solution thereto. |
|
(2) |
If a conciliation
acceptable to both parties cannot be made at this stage, either party may call
upon the Commissioner or a Deputy Commissioner of Maritime Affairs, or a
representative appointed by the Commissioner or a Deputy Commissioner, to act as
mediator to endeavour to find a solution to the matter satisfactory to the
parties. |
| 31 of 98 |
(3) |
In the event that the
dispute cannot be resolved by conciliation or mediation, either party may submit
the matter to an independent arbitrator or arbitrators for a final
determination, as provided by Regulation. If the parties cannot agree upon a
choice of arbitrator or arbitrators, the matter shall be finally determined by
the Maritime Appeals Tribunal established under the Maritime authority Act No.
29 of 1998. |
|
|
Any arbitration award
may be enforced, it necessary, by any court of competent jurisdiction. |
| 151. |
(1) |
Claims
arising out of the shipping articles are subject to 1 year's prescription. |
|
(2) |
The following
rights of action are subject to 2 years
prescription- |
|
|
(a) |
the right of action for
death of a seaman caused by wrongful act, neglect or default on the high seas; |
|
|
(b) |
claims of the shipowner
against the master for acts committed during the performance of his duties; |
|
|
(c) |
all other claims in
tort. |
|
(3) |
All other
claims are subject to 3 years prescription. |
|
(4) |
The period of
prescription of the claims, laid down in the preceding subsections, runs from
the time when the right of action
accrues. |
| 152. |
The Minister may make
rules and regulations not contrary to the provisions of this Act relating to
conditions and terms of employment, wages, vacations and leave, hours of work,
repatriation, minimum age, compensation for sickness, injury or death of
masters, seamen, and seagoing labourers employed on vessels documented under the
provisions of this act. |
|
|
|
Document Processing Time |
Seafarer documents
| 5 Business days
| Registration documents
| Same day
| Exemptions certificates
| Same day
| | Updated August 22, 2008 |
|
|
Home
