Master's Guide to Disciplinary Procedures

CODE OF CONDUCT FOR THE MERCHANT NAVY  Master's Guide to Shipboard Discipi!ar" #rocedures $AC%GROUND

1. The disciplinary arrangements which are part of the Code of Conduct for the Merchant Merchant Navy were first introduced on UK ships subject to National Maritime oard oard conditions on 1 !anuary" 1#$# when they replaced the provisions contained in the Merchant Navy %isciplinary &ffences' (egulations 1#$). These latter regulations gave since been repealed. *t the time when the Code was introduced move away from a system of shipboard fines to a system based on warnings" dismissal and referral to a shore+based disciplinary committee represented a radical departure from from estab establis lished hed practi practice ce within within the a shippi shipping ng indust industry ry.. ,owev ,owever" er" it brou brought ght shipb shipboa oard rd disc discip iplin linar ary y proc proced edur ures es mor more into into line line with with acce accept pted ed disc discip iplin linar ary y procedures ashore the Code of Conduct was based on the principles outlined in the *C*- Code of ractice and rocedures in /mployment published in 1#$$. ). The discip disciplin linary ary arrange arrangemen ments ts which which bac0 bac0ed ed up the code code were were based based on a two+tier system + after preliminary shipboard hearings the most serious cases were referr erred to shor hore+ba e+bas sed commit mmitte tees es compris prise ed of unio union n and emplo ployer yer repr repres esen enta tati tive ves. s. ,owe ,oweve ver" r" the the clos closur ure e of the the Mer Merchan chantt Navy Navy /sta /stabl blis ishm hmen entt *dmi *dminis nistr trat atio ion n MN/ MN/*' *' and and term termina inati tion on of Nati Nation onal al Mari Mariti time me oar oard d NM NM'' agreem agreemen ents ts from from 23 -eptem -eptember ber"" 1##3 1##3 meant meant that that the system system of shore+ba shore+based sed discip disciplin linar ary y commit committee tees s could could no longer longer contin continue ue to operat operate. e. 4n partic particula ularr the termina termination tion of the various various procedu procedures res and benefits benefits inherent inherent in the /stablishe /stablished d -ervic -ervice e -cheme -cheme *greem *greemen entt meant meant that that effe effecti ctive ve discip disciplina linary ry sanct sanction ions s on an industry+wide basis were no longer available. Nevertheless there was agreement between representatives of both employers and the maritime unions that the Code of Conduct for the Merchant Navy was widely accepted and respected within the shipping industry. ,ence so far as shipboard procedures were concerned there was no reason why a modified version of the Code should not continue to apply. 2. *s a result an amended version of the Code was agreed in which all reference to shore+based disciplinary committees was deleted. 4nstead it was recognised that the ultimate sanction under the Code must be dismissal from the company. New paragraphs were included to emphasise the importance of company review and appeal procedures ashore. ,owever" the remaining te5t within the Code covering ship shipbo boar ard d proc proced edur ures es was was virt virtua uall lly y unch unchan ange ged. d. This This amen amende ded d Code Code was was subse6uently approved by the %epartment of Transport for use on and after 1 &ctober" 1##3. * copy of the revised Code is attached as *nne5 4 to this 7uide. 8. *nother necessary change following the termination of NM agreements was the introduction of a new standard crew agreement agreement form for use on ships formerly operating under National Maritime oard conditions form *9C -:'1d''. Clause 5'g' of the new agreement specifies that ;each seaman agrees to comply with the Code of Conduct for the Merchant Navy for the time being in forceor Company -ervice Contract seafarers as defined in the /stablished -ervice -cheme *greement. The dismantling of this system meant that the Code of Conduct could be used on any ship and in respect of any seafarer" provided that an appropriate clause to that effect was included on the crew agreement form. THE SANCT&ONS $EH&ND THE SYSTEM #ae ( o) (*

?. The ultimate sanction on board the ship for a breach of the Code of Conduct is dismissal from the ship" either at the first convenient port or at the end of the voyage. Clause i5'f' of the standard form of agreement states that ;in relation to an individual seaman this *greement may be terminated if the Master is satisfied that an appropriate breach of the Code of Conduct for the Merchant Navy for the time being in force has occurred