In compliance with part 5 of section 24 of the Maritime Administration and Marine Safety Law activities related to the recruitment and placement of the crew of a ship shall be permitted to merchants who have obtained a special permit (licence) from the Maritime Administration of Latvia. This requirement shall not apply to ship-owners included in the Ship Register, which are placing persons for work on board ships owned by them and which are not subject to the SOLAS Convention.
Procedure of licensing and supervision of the recruitment and placement companies is prescribed by the Cabinet Regulation No. 364 “Procedures for the Licensing and Supervision of Merchants Which Provide Recruitment and Placement Services in Manning the Ship’s Crew” adopted 17 May 2011.
Procedure of licensing
In order to receive a special permit (licence) the merchant submits an application to the Registry of Seamen (Annex 2 to Regulation No. 364). The following documents shall be appended to the application:
- a letter of intent entered into by and between the merchant and a ship-owner or its representative on recruitment and placement issues or a contract regarding provision of recruitment and placement services;
- a sample employment agreement to be entered into between the person to be recruited or placed in a job and the employer;
- a documentary evidence that the merchant has appropriate office premises for the provision of recruitment and placement services;
- a documentary evidence that at least one employee with the qualification of a ship officer and at least one-year practical work experience at sea in the position of a ship officer or an employee without the qualification of a ship officer, but with at least five-year work experience in administration of recruitment and placement services in the maritime field will be permanently engaged in administration of recruitment and placement services at the place of operation of the merchant;
- a sample of the signature of an employee of the merchant (who is authorized to sign documents related to the provision of recruitment and placement services);
- a certification of an individual merchant, each member of the executive body, member of the supervisory body or member with the right of representation of the merchant that he or she has not been punished for committing an intentional criminal offence or the record has been extinguished;
- a documentary evidence from the ship-owner or its representative on recruitment and placement issues that the ship-owner has a financial security system in accordance with standards A2.5. and A4.2. of the Maritime Labour Convention, 2006, as amended;
- a documentary evidence that the level of proficiency in the official language of the merchant’s employees who provide recruitment and placement services conforms to at least Level 1 of the highest level of language proficiency (C1).
By the application, the merchant certifies that:
- it has been registered in accordance with the laws and regulations governing commercial activities;
- performs data processing of personal data in accordance with the laws and regulations regarding personal data protection;
- the merchant does not have tax debts and debts of mandatory State social insurance payments;
- the merchant has not been declared insolvent, liquidation proceedings thereof have not been initiated or its economic activity has not been suspended or discontinued;
- the merchant has introduced the quality management system for recruitment and placement services or the safety management system (SMS) according to the requirements of the International Standard for the Safe Management and Operation of Ships and for Pollution Prevention (ISM Code), if the merchant is a legal person registered in Latvia which provides ship management services;
- an individual merchant or a member of the executive body, a member of the supervisory body, or a member with the right of representation of the merchant has not been a member of the executive body, a member of the supervisory body, or a member with the right of representation of such merchant whose special permit (licence) has been previously cancelled on the basis of Paragraph 16 of Cabinet Regulation No. 364, and the period of ban for submitting documents for the receipt of a special permit (licence) specified in the decision of Registry of Seamen to cancel a special permit (license) has not expired.
After processing of application and reception of all the required information, the Registry of Seamen carries out an assessment of the merchant in compliance with the requirements of Paragraph 8 the Cabinet Regulation No. 364.
3. Quality management system
It is a duty of a merchant within a year after receipt of a special permit (licence) to certify with an internationally accredited certification authority and to maintain a certified Quality Management System (QMS) for recruitment and placement services. If the merchant is a legal person registered in Latvia, and provides ship management services, QMS may be replaced by Safety Management System (SMS) certified in accordance with the requirements of the ISM Code. QMS or SMS shall at least include the procedures prescribed by the sub-paragraph 11.16 of the Cabinet Regulation No. 364 in the official language.