Master's Guide to Shipboard Disciplinary Procedures: Code of Conduct for the Merchant Navy

July 2014

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Master's Guide to Shipboard Disciplinary Procedures: Code of Conduct for the Merchant Navy

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This book identifies key sections of The Code of Conduct for the Merchant Navy, ensuring readers understand the way in which it applies to each crew member. The book sets out principles aimed at ensuring high standards of discipline on board merchant ships and promotes the wellbeing of the seafarers working on them.

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This book advises readers on sanctions behind the Code, the role of the Master in the disciplinary process and the formal disciplinary procedure that must be followed. The Code of Conduct has undergone a comprehensive revision to ensure that it remains up to date and relevant, which in turn led the UK Chamber of Shipping to review and revise this guide. The recommendations not definitive but give practical advice on how investigations and hearings should be conducted on board.

Acknowledgement

Introduction

The Sanctions Behind the System

The Role of the Master

The Key Paragraphs of the Code

Informal Disciplinary Procedure at Petty Officer/Junior Officer Level

Formal Disciplinary Procedure

Investigation

Disciplinary Hearing

Records of Disciplinary Hearings

Record of Warning Forms

Official Log Book Entries

Formal Warning

Written Warning

Final Warning

Dismissal from the Ship

Prosecution

Disciplinary Procedures When the Seafarer is Absent
Failure to Join or Rejoin

Advanced Discharge

Annex 1 Revised Code of Conduct for the Merchant Navy

Annex 2 The Merchant Shipping (Official Log Books)

Regulations 1981 as amended by the Merchant Shipping

(Official Log Books) (Amendment) Regulations 1991

Annex 3 Merchant Shipping Act 1995, Section 58

The Code of Conduct for the Merchant Navy (the Code) is an established document, setting out principles aimed at ensuring high standards of discipline on board merchant ships and therefore promoting the wellbeing of the seafarers working on them. It has been agreed between shipowners and seafarers’ representatives and approved by the Maritime and Coastguard Agency (MCA). It was last revised in 2013.

The Code does not have mandatory status but has been adopted by many employers of seafarers for use on ships registered in the United Kingdom and elsewhere. It may be referred to in Seafarer Employment Agreements.

Paragraphs 10–26 of the Code (2013 edition) set out procedures for dealing with alleged breaches of the Code, to be followed, as appropriate, on board ship by, or under the authority of, the Master. A succession of cases brought to Employment Tribunals against employers across a broad spectrum of economic activities has underlined how important it is to apply fair procedures when dealing with disciplinary matters. This is particularly the case when the seafarer found to have committed a breach of the Code is dismissed from the ship.

For this reason, the UK Chamber of Shipping has drawn up this guide to assist ships’ Masters and officers in applying the procedures in the Code for dealing with breaches. The recommendations set out are not designed to be definitive but give advice on good practice for conducting investigations and hearings on board.

The UK Chamber of Shipping

The UK Chamber of Shipping is the trade association and voice of the UK shipping industry. We work with Government, parliament, international organisations and others to champion and protect the industry on behalf of our members.

It is our mission to deliver for our members trusted specialist expertise, lobbying and influence at a UK level on maritime issues across national, European and international government and governmental bodies. By combining the strength of our members with this expertise we will advance the competitive strength of the industry ensuring that the UK remains as a leader in the global maritime business.

https://ukchamberofshipping.com/about-us/our-mission/

Title: Master's Guide to Shipboard Disciplinary Procedures: Code of Conduct for the Merchant Navy
Edition: Revised 2014
Number of Pages: 42
Product Code: WS1453K
ISBN: ISBN 13: 978-1-85609-643-0 (9781856096430), ISBN 10: 1-85609-643-2 (1856096432)
Published Date: July 2014
Binding Format: Paperback
Book Height: 210 mm
Book Width: 150 mm
Book Spine: 4 mm
Weight: 0.20 kg
Author: UK Chamber of Shipping

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Look Inside Text

UK CHAMBER OF SHIPPING CHAMPIONING AND PROTECTING 39. One copy should be handed to the seafarer, another retained on file and a third sent to the employing company. 40. Record of Warning forms for a written warning and final warning can follow a similar format. 41. Recommended formulations for the various levels of warning are at paragraphs 50, 54 and 58 below. 42. When the disciplinary hearing has been conducted by the Master, it is recommended that a certified copy of any Record of Warning form issued by the Master should be annexed to the Official Log Book. Official Log Book entries 43. Where the Master has dealt with any disciplinary case there will have to be entries made in the ship’s Official Log Book. These must comply with the requirements of the Merchant Shipping (Official Log Books) Regulations 1981 as amended (See Annex 2). These should be copied to the seafarer. A copy should also be included in the departmental and/or ship’s disciplinary file. 44. Comprehensive entries in the Official Log Book should accurately record a fair hearing, including salient points of evidence and a reasonable decision. 45. Witness statements, certified by the Master, can be annexed to the Official Log Book with an appropriate entry referring to them. 46. A certified copy of any Record of Warning form issued by the Master should also be annexed to the Official Log Book. UK CHAMBER OF SHIPPING CHAMPIONING AND PROTECTING Dismissal from the ship 60. When the Master has decided that the appropriate penalty would be dismissal from the ship, the Official Log Book entry should state either that the seafarer was discharged from the ship for the breach immediately or that he was advised that he would be discharged for that reason at the next convenient port of call or at the end of the voyage. 61. The Official Log Book entry should also record that the seafarer had been told that dismissal from the ship does not operate to terminate employment; that a shore manager will be appointed to consider future employment in the light of his dismissal from the ship and that the case would be reported to the employing company. It is recommended that the following form of words is used: Brown was advised that he would be dismissed from the ship. He would be discharged [immediately/at the next convenient port of call/at the end of the voyage]. He was further advised that dismissal from the ship does not operate to terminate employment and that a shore manager will be appointed to consider his future employment in the light of his dismissal from the ship. The case will be reported to the employing company for this action to be taken. This would all be recorded in the Official Log Book. He made no comment. He was given a copy of the log book entries relating to this incident and acknowledged receipt of them. 62. Upon discharge of the seafarer, the Master should forward to their employing company: a) copies of all Official Log Book entries relating to the seafarer, including those recording warnings for earlier breaches of the Code, each extract endorsed: ‘We certify this to be a true copy of the entry in the Official Log Book’ and signed by the Master and another senior Officer b) copies of any written statements taken as advised in paragraphs 31-32 above, similarly endorsed c) copies of any earlier warnings on the departmental or ship’s file (see paragraph 36 above) similarly endorsed. Prosecution 63. Masters should bear in mind that, when a breach of the Code also appears to be an offence under either the general criminal law or Section 58 of the Merchant Shipping Act 1995 (see Annex 3), prosecution ashore may follow. 17 ANNEX 1 REVISED CODE EFFECTIVE FROM 1 August 2013 This Code has been agreed between Nautilus International, the National Union of Rail, Maritime and Transport Workers (RMT) and the UK Chamber of Shipping and approved by the Maritime and Coastguard Agency. The Code is printed in this leaflet. Please read it carefully. It sets out disciplinary rules and procedures which apply when you are employed to work on board ship. Any questions you may have should be referred to your supervisor or head of department, or to an official of your union.

Master's Guide to Shipboard Disciplinary Procedures: Code of Conduct for the Merchant Navy

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