Ghana Shipping (Maritime Labour) Regulations, 2015 (L.I. 2226)
Regulation 12
(1) A person shall not operate a seafarer recruitment and placement service in this country unless that service is
(a) registered under the Companies Act, 1963 (Act 179) or the Incorporated Private Partnerships Act, 1962 (Act 152),
(b) registered by the Minister responsible for Employment to operate as a seafarer recruitment and placement service under the Labour Act, 2003 (Act 651), and
(c) licensed by the Ghana Maritime Authority to operate as a seafarer recruitment and placement service.
(2) A person who wishes to operate a seafarer recruitment and placement service shall apply to the Authority for a licence to operate that service.
(3) The applicant shall pay to the Authority a fee determined by the Authority in consultation with the Minister responsible for Finance and published in the Gazette and in two daily newspapers of national circulation.
(4) The application shall be accompanied with
(a) a statement of the category of seafarers to be recruited;
(b) the location and address of the recruitment and placement service;
(c) proof that the recruitment and placement service possesses the requisite facilities to engage in the business of recruiting seafarers; and
(d) any other information that the Authority may request.
(5) For the purpose of the grant of a licence, the Authority shall conduct an inspection of the facilities of an applicant to determine the suitability of the facilities.
(6) Where the Authority is satisfied that an applicant has satisfied the conditions necessary for operating a seafarer recruitment and placement service, the Authority shall grant a licence to the applicant within ten days.
(7) Where an applicant for a licence to operate a seafarer recruitment and placement service fails to meet the conditions for the grant of the licence, the Authority shall
(a) refuse to grant the licence;
(b) inform the applicant of the refusal in writing within ten working days; and
(c) state the reasons for the refusal.
(8) Where the Authority grants a licence to an applicant to operate a seafarer recruitment and placement service, the Authority shall state in the licence
(a) the duration of the licence and the period for renewal,
(b) that a seafarer employed under the licence shall have a certificate of competence issued by the Authority or another body recognised by the Authority, and
(c) that a seafarer recruitment and placement service provider shall recruit seafarers in accordance with these Regulations and any other relevant legislation.
(9) The Authority shall revoke a licence issued under these Regulations where the licensee
(a) breaches any of the conditions of the licence;
(b) fails to renew the licence; or
(c) fails to comply with these Regulations.
(10) A licence issued by the Authority under these Regulations is not transferable.
(11) A seafarer recruitment and placement service provider shall file a return with the Authority every three months after the recruitment and placement service provider has obtained the licence to operate.
(12) The returns shall include
(a) the number of seafarers recruited by the seafarer recruitment and placement service provider;
(b) the category of recruited seafarers;
(c) the nationality of the seafarers; and
(d) the number of the recruited seafarers engaged to work on board a Ghanaian ship and on a foreign ship.
(13) A seafarer recruitment and placement service provider shall
(a) maintain, and make available for inspection by the Director-General, an up-to-date register of all seafarers recruited or placed by the service;
(b) ensure that each seafarer is informed of the seafarer’s rights and duties under the seafarer's employment agreement before the seafarer's employment;
(c) make proper arrangements for a seafarer to examine the employment agreement of that seafarer before and after the agreement is signed;
(d) provide each seafarer with a copy of that seafarer’s employment agreement;
(e) verify that each seafarer recruited or placed by that service is qualified and holds the appropriate qualifications for the position;
(f) verify that each employment agreement is in accordance with the relevant law and any collective bargaining agreement which forms a part of the employment agreement;
(g) ensure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port;
(h) examine and respond to any complaint concerning the seafarers recruited and placed by the service and advise the Director-General of unresolved complaints; and
(i) establish a system of protection, by way of insurance or an equivalent appropriate measure.
(14) A person shall not impose a fee or other charge on a seafarer for recruiting, placing or providing employment to that seafarer, except the cost of obtaining
(a) a medical certificate;
(b) a seafarer's record book;
(c) a passport, or other travel documents, excluding the cost of visas; or
(d) any training required for a particular position.
(15) A seafarer recruitment or placement service provider shall not employ any means, mechanism or list intended to prevent or deter a person from gaining employment for which that person is qualified.
(16) Where the owner of a Ghanaian ship enters into a contract with a seafarer recruitment and placement service provider in a country in which the Convention does not apply, the shipowner shall ensure that the service provider satisfies the requirements of this regulation.
(17) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than three hundred penalty units and not more than five hundred penalty units or a term of imprisonment of not less than eighteen months and not more than two years.
Procedure to Follow
Not Avaiable
Responsible Institution
7th Floor, Ghana Shippers House, Ridge
- Email: info@shippers-gh.com
- Website: https://shippers.org.gh/
- GPS:
- Telephone: 0302 666915
Relevant Forms to Download
Not Available
Online System
Link Unavailable
Fees/ charges
Not Avaiable
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