Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Schedules

Seventh Schedule

Maritime Labour Convention, 2006

Regulations and Parts A and B of the Code

Article VI

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1.The Regulations and the provisions of Part A of the Code are mandatory. The provisions of Part B of the Code are not mandatory.

 

2.Each Member undertakes to respect the rights and principles set out in the Regulations and to implement each Regulation in the manner set out in the corresponding provisions of Part A of the Code. In addition, the Member shall give due consideration to implementing its responsibilities in the manner provided for in Part B of the Code.

 

3.A Member which is not in a position to implement the rights and principles in the manner set out in Part A of the Code may, unless expressly provided otherwise in this Convention, implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A.

 

4.For the sole purpose of paragraph 3 of this Article, any law, regulation, collective agreement or other implementing measure shall be considered to be substantially equivalent, in the context of this Convention, if the Member satisfies itself that:
(a)it is conducive to the full achievement of the general object and purpose of the provision or provisions of Part A of the Code concerned; and
(b)it gives effect to the provision or provisions of Part A of the Code concerned.