Study Of The Seafarer Recruitment And Placement Service (SRPS) System In Myanmar

This dissertation focuses on the need for an effective systematic approach to the recruitment of seafarers.It is a deep study of how national maritime legal instruments address and enforce seafarers’ recruitment services in Myanmar.Regulations of the MLC 2006(Maritime Labor Convention)provide to ensure that recruitment and placement services are operated in an orderly manner that protects and promotes the employment rights of seafarers.So,member States of the MLC 2006 are obligated to establish effective inspection and monitoring systems and judicial procedures to ensure compliance with their labor-supplying responsibilities under the MLC 2006 and to promote fair recruitment practices.Although the marine regulatory bodies of the Myanmar government set rules for the management of SRPS,the protection of seafarers’ rights and interests has various flaws.The insufficient protection provided by the SRPS has an impact on the growth of the maritime industry because of ambiguous norms.The thesis analyzes the two main features to be effective SRPS system which are the obligations of SRPS and the administrative control over SRPS’s responsibilities.The analysis concerns the study of the obligations of the SRPS under Myanmar national laws and the comparison of the provisions of Chinese law.The first Chapter is essentially about some general issues of the dissertation starting with the background of this system,the entire concept of seafarer recruitment and placement services under international legal frameworks is highlighted.This chapter also refers to the research questions leading to the redaction of the dissertation and the review of the Myanmar literature and the international literature on SRPS’s system of the maritime industry.The second Chapter as indicated by the title is about the overview of SRPS and its condition.As the basis of the research,it explains in detail the role of crewing service,its international legal framework,the regulatory institution,and the current SRPS system in Myanmar.The third Chapter analyzes the obligations of the SRPS regarding Maritime Labor Convection(MLC 2006)with the view of administrative and civil perspectives.To perform dispatching seafarers’ services,SRPS shall perform not only standard administrative obligations such as controlling documents for legal requirements,and verification of seafarer’s certificates,to be in line with international standards as per MLC 2006 but also the civil obligation to protect the seafarers’ rights.Seafarers have the rights under MLC such as no service charges to SRPS,freedom of seafarers,working on safe and secure ships,and working under standard employment agreements.SRPS is the main role to fulfill these rights as their obligations.This chapter also refers to the liabilities of SRPS in the breach of these obligations under the Myanmar legislation and compares them with the provisions under the Chinese legislation.The poor legislation controls are explored to consider both countries’ government authorities.The fourth Chapter relates to the administrative control under Myanmar Rules to achieve SRPS’s standard responsibilities under MLC.Agency hiring for seafarers has a key responsibility to ensure compliance with a defined license or certification system.So,it analyzes the importance of the SRPS license issue and the annual examination of the SRPS company.Finally,the study extends to the general labor disputes between seafarers and SRPS practice,handling labor disputes arises.It also analyses the standard of the labor dispute system and the role of the flag state to set up an effective maritime tripartite system to solve the issues that arise between SRPS and seafarers while comparing them with Chinese law.The fifth Chapter concludes the research after all the analysis and provides possible answers to all questions that have been posed during the discussion of the dissertation.Because seafarers’ rights are poorly protected and countries’ recruitment systems are not subject to enough legal oversight,mariner careers are less appealing than jobs on land.As a result,demand and supply become unbalanced on a worldwide scale,particularly at the officer level.In order to properly implement the SRPS system,each country must reevaluate its legal and administrative controls and implement best practice measures.From this examination of the nations’ legal system details,the immense advantages of future effective SRPS systems and employment opportunities for seafarers will be promoted.