The objectives of the Maritime Labour Convention 2006 (hereafter: MLC 2006) have long been familiar to many states, but for some it has brought with it increased expectations in improving working conditions for seafarers. This study aims to analyse the early figures provided by Paris Memorandum of Understanding’s (hereafter: Paris MoU) on the number of deficiencies and detentions in before and after the implementation of the MLC 2006, as well as the ILO Committee of Experts 2014 Report, which marks the first full year of MLC 2006 compliance in the first ratifying states. The purpose was to provide an early report on the progress of the MLC 2006 to date as well as how it has adapted to concerns expressed by experts in maritime law prior to its implementation. Even if it has not been long enough since the entry into force to properly identify a trend, it is interesting to see a positive start to the MLC 2006, which has received rapidly increasing attention, and that awareness of labour rights has increased in the maritime industry. Figures also revealed that the early result is at least not a decrease in the number of reported deficiencies. In addition, the fact that a number of detentions have been issued is worthy of note, as they were very rare in the labour context before the MLC 2006.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2016-12-02T12:36:09Z No. of bitstreams: 1 Alexandre Moraes Rocha Santana.pdf: 1106688 bytes, checksum: b0f068d7c9f8745bf830f57ecb3c22cc (MD5) / Made available in DSpace on 2016-12-02T12:36:10Z (GMT). No. of bitstreams: 1 Alexandre Moraes Rocha Santana.pdf: 1106688 bytes, checksum: b0f068d7c9f8745bf830f57ecb3c22cc (MD5) Previous issue date: 2016-09-23 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / The objective of this research is the work relationships of the Seafarer Officer in Brazil, sheltering both qualifications: Deck Officer and Engineer Officer, a kind of seafarer acting on the cargo operations. Thus, this research aims at understanding the specificities of the Merchant Marine Officialdom profession and the relevance of this activity for the society, for capitalism and for globalization. In relation to the relevance of the activity, the development of navigation and its participation in the cargo shipping around the world were considered, which corresponds to around 80% of all the cargo shipped worldwide, as well as the importance of navigation, referring to cargo shipping throughout history and its participation in capitalism and in globalization. Referring to the specificities of the profession, the militarized influence in the profession was considered, even though it is a civil and commercial activity, which influences the professional formation, organization and job assignment. The professional competences and its relations with immaterial labor were also analyzed, as well as daily work, confined and isolated work, experiences between work time and nonwork time. The research was conducted through semi-structured interviews with ten Seafarers Oficcers, by e-mail, whose questionary is in the introduction of this dissertation, with qualitative approach. The data revealed the peculiarities of the Merchant Marine Officialdom profession, which distinguish it from the others professions / O objeto desta pesquisa são as relações de trabalho do Oficial da Marinha Mercante no Brasil, albergando as duas habilitações: Oficial de Náutica e Oficial de Máquinas, espécie de trabalhador marítimo, atuando no transporte de cargas. Desta forma, esta pesquisa busca compreender as especificidades da profissão de Oficialato da Marinha Mercante e a relevância da atividade para a sociedade, para o capitalismo e para a globalização.Com relação à relevância da atividade, foi considerado o desenvolvimento da navegação e sua participação na movimentação de cargas no mundo, que corresponde a cerca de 80% de toda a carga transportada internacionalmente, assim como a importância da navegação, referente ao transporte de cargas ao longo da história e sua participação no capitalismo e na globalização. Referente às especificidades da profissão, foi considerada a influência militarizada na profissão, apesar de ser uma atividade civil e comercial, que influenciam na formação profissional; na organização e divisão do trabalho. Também foram analisadas as competências profissionais e as suas relações com o trabalho imaterial, assim como a jornada de trabalho; trabalho em confinamento e em isolamento; vivências entre o tempo de trabalho e tempo de não trabalho. A pesquisa foi realizada mediante entrevistas semi-estruturadas com dez Oficiais da Marinha Mercante, via e-mail, cujo o roteiro encontra-se na introdução desta dissertação. Os dados obtidos revelaram as peculiaridades das características da profissão de Oficial da Marinha Mercante, que o distingue dos demais trabalhadores

Arbetets syfte var att undersöka intentionen och förväntade effekter av den nya sjöarbetskonventionen som nu ska implementeras vad gäller bemanningsnivåer och vilotider på svenska fartyg. Genom att först genomföra en litteraturstudie lades grunden för arbetet. Med anledning av att konventionen inte var implementerad genomfördes en kvalitativ intervjustudie mot tre sakkunniga representanter från svensk sjöfartsnäring för att utreda vad konventionens verkliga intention var. Därefter genomfördes en kvalitativ intervjustudie mot fyra aktörer i den svenska sjöfartsnäringen för att utreda vad dessa förväntade sig för effekter av konventionen, gällande bemanningsnivåer och vilotider. Resultatet av undersökningarna visade på att konventionens intention är att höja den internationella standarden vad gäller just bemanningsnivåer och vilotider till en nivå som liknar den svenska relativt höga nivån. Vad gäller förväntade effekter av konventionen tror de svenska aktörerna att den svenska sjöfartsbranschen kommer att se ganska små förändringar om några alls. / The purpose of this thesis was to examine the intention and expected outcome of the new Maritime Labour Convention 2006 (MLC 2006) regarding the regulations of manning levels and hours of rest on Swedish vessels. Firstly, a thorough literature review was conducted to create a sound foundation for the following investigations. Given that the convention was not implemented during the work of this thesis a qualitative interview was carried out on three expert representatives from the Swedish shipping industry. The purpose of this interview was to determine the intention of the convention. After that a qualitative interview was carried through on four stakeholders in the Swedish shipping industry to investigate what their expectations of the convention's outcome was regarding manning levels and hours of rest. The resulting conclusions of theese studies show that the conventions intention is to raise the global standard of manning levels and hours of rest to a level that is similar to the one already used in the Swedish shipping industry. The expected outcome of the convention regarding the Swedish shipping industry was that there will be very little, or no changes at all.

Le code des transports accueille désormais les règles de droit social maritime. Le gouvernement a été habilité à procéder, en 2010, à une recodification à droit constant de ses dispositions éparses, notamment contenues dans le code du travail et le code du travail maritime. Alors que cette opération devait intervenir sans modification de l’état du droit, une certaine inconstance s’est révélée. La structure de la matière a été bouleversée. Elle démontre une ambivalence : le code des transports est exhibé comme instrument du progrès social, mais il peut également devenir un outil de dérèglementation. D'autant que sa partie réglementaire reste très incomplète. L'articulation du nouveau code avec le code du travail interroge également, notamment sous l'angle des rapports entre le droit commun et le droit spécial. Cette réécriture a, de surcroît, subit l'influence du droit international. L’intégration de la convention du travail maritime de l’Organisation internationale du travail a permis de réaffirmer les principes directeurs au fondement de la matière ainsi que la spécificité du droit applicable aux gens de mer. Pour autant, ces dynamiques normatives ont des effets paradoxaux car le droit international participe tour à tour à la destruction et à la reconstruction des droits nationaux. Aussi, la réécriture de la matière au sein du code des transports pourrait être annonciatrice d’un alignement du fond du droit social maritime sur les standards internationaux qui, à l'échelle du droit national français, ne sont pas nécessairement plus protecteurs. Ce mouvement du droit s'explique par une rude concurrence internationale propice à l'expression du dumping social / The transport code now hosts social maritime law rules. The government was empowered to proceed, in 2010, to a recodification on the basis of established law of its disparate provisions, including those contained in both the labour code and the maritime labour code. Although this operation was to take place without changing the rule of law, a certain instability became obvious. The subject matter's structure was dramatically altered. It reveals an ambivalence : the transport code is exhibited as an instrument of social progress, yet it may also become a deregulation tool. To compound matters, its regulatory aspect remains very incomplete. The articulation of the new code with the labour code is equally perplexing, most notably with regard to the relationship between common law and special law. This rewriting has, in addition, undergone the influence of international law. The integration of the International labour organization's maritime labour convention made it possible to reaffirm the foundational guidelines of this topic as well as the specificity of laws applicable to seafarers. Moreover, these normative dynamics have paradoxical effects. In fact, international law contributes alternately to the destruction and reconstruction of national rights. Thus, the rewriting of the topic within the transport code could be the harbinger of an alignment of maritime social legal foundations with international standards, which, when compared with french law, are not necessarily more protective. This legal evolution reflects is due to a ruthless international competition that enables social dumping conditions

The collections of the Vasa Museum in Stockholm Sweden not only include the world’s only complete 17th century warship, the famous Vasa who sank on her maiden voyage outside Stockholm in the summer of 1628, but also a unique and extensive collection of dress artifacts, fragments from clothes in textile and leather recovered during the excavation of the ship. This study aims to present historical narratives about the labour, knowledge of craft and everyday life of the ship’s crew by analysing leather mittens and other types of artifacts related to the work on board as material culture, aided by early modern Dutch depictions in art showing work being done on large ships contemporary with Vasa. Two types of leather mittens in the Vasa museum’s collections have been identified as having parallels in similar mittens also from maritime context. These mittens are further investigated regarding the mystery of their making and specific traces of use. The results indicate that some of the mittens could potentially be of a particular Dutch style or origin, perhaps worn as a fashion statement among Dutch sailors. Other mittens of an unusually dark and heavy leather bear the signs of hard labour and work with scolding hot pitch and tar from caulking wooden ships. These mittens are also characterised by an economic model of cutting the leather that may connect them with the making of simple leather shoes found on Vasa, as the left-over material for one is highly suitable for the other. Both types of mittens reveal something about the sailor’s life before they enlisted on Vasa and prove that mittens could have distinct functions within the spectra of labour in a maritime context.Most importantly the results of this study suggest that the crowns attempt to force professional practitioners of craft to move from the countryside into the cities in the early 1600’s are not only connected to the development of guilds for leatherworkers in Stockholm, but also to the navy’s need for sailors and the general lack of leather in Sweden during the ongoing war. The presence of tools and material for leathercraft as a common find category among the crew's personal belongings can be regarded together with knowledge of craft culture in the countryside in the areas where boatmen were drafted can point out skinners and cobblers in the Finish coastal regions and countryside as craftsmen who both have knowledge of leathercraftneeded for making both mittens an simple shoes as found on Vasa. These groups of poor leatherworkers were among those targeted by discharges to the navy. Leather mittens interpreted as material culture are found to be consistent with the idea that individuals with a background as Finnish leatherworkers on the countryside may have ended up as sailors on the Swedish warship Vasa.

An international maritime labour market study, the thesis focuses on the Dutch naval labour market, analysing wartime Zeeland admiralty crews. The research is based primarily on unique naval pay sources. Analysis of crew compositions has not been made on this scale in the period before. The 1667 Dutch Medway Raid is the starting point, where a few British played a leading role – amongst many others reported on the Dutch side. Pepys and Marvell primarily blamed their joining the enemy on the lure of superior Dutch payment. The thesis asks how many British there were really, how they came to be in Dutch service, and whether this involvement occurred, as indicated, at other times too. Part One is thematic and explores the background mechanisms of the maritime environment in detail, determining causation. First, the two naval recruitment systems are compared and completely reassessed in the light of state intervention in the trade sphere. Two new sets of ‘control’ data – naval wages and foreign shipping – are amongst the incentives and routes determined. British expatriate communities are examined as conduits for the supply of naval labour and civilian support. British personnel are compared and contrasted with other foreigners, against the background of Anglo-Dutch interlinkage and political transition from neutrality through conflict to alliance. Part Two is chronological, covering four major wars in three chapters. Micro-case studies assembled from the scattered record streams enable analysis of the crews of particular officers and ships. Seamen were an occupation that made them a very little known group: the thesis examines the different career types of British personnel of many different ranks, shedding light on their everyday lives. The thesis shows that British personnel were an integral part of Dutch crews throughout the period, even when the two nations were fighting each other. The basic need of subsistence labour for employment took precedence over allegiance to nation/ideology, demonstrating limitations in state power and the continual interdependence forced on the maritime powers through the realities of the labour market.