Problems on the Status of Cadets during the Maritime Apprenticeship Programs

Abstract

The Process to produce merchant marine personnel to work as a seafarer on merchant ships in the Thai marine institutes has been organized under long-term courses, both in theory and in practice by training on board, which are accredited by the Marine Department and in accordance with the requirements of the STCW Convention issued by the International Maritime Organization (IMO). Graduates will therefore be qualified to take the examination to receive certificates for being officer in charge of navigational watch in commercial ships of 500 gross tons or above. In particular, a 1-year practice of sea service on merchant ship as a cadet, who is responsible for learning on the job training as being one of the seaman who regularly performs work on board as described in the Seafarers’ employment agreement, is a mandatory part of the education. However, the difficulty of the maritime apprenticeship programs, that exposed cadets to heavily sea and high-risk working environment, is the main factor for the programs to be significantly distinguished from the in shore internship. Therefore, the issues on the protection of cadets during the Maritime Apprenticeship Programs under the current statutes of maritime labour have occurred especially in the event of accident or sickness at sea. In this regard, the authors have suggested that the Ministry of Labour be issued an announcement that determines the receipt of wages or compensation of cadets in order to receive compensation or wages of not less than the minimum wage rate for seafarers and/or alternatively amend the definition of “Seafarers” under the Maritime Labour Act B.E. 2558 shall include cadets, regardless of whether they receive any wages or compensation, as well as expanding to include those who operate on ships that are not in accordance with the Marine Department's regulations regarding the knowledge examination of ship operators to cover trainees on cruise ships. These aforementioned suggestions are to be meant to close the gap in the law in order to prevent any related arguments that may arise in the future. Moreover, provisions relating to the protection against sexual harassment between a seafarer or crew and trainees are simultaneously suggested to be added to the legislation in order to prevent further problems, especially in the case of female trainees. All of these proposed improvements and amendments to the laws are not only to encourage cadets to receive fair protection but the Thai education for the maritime affairs will consequently be executed with higher level of development and sustainability.