01 General
C145 Continuity of Employment (Seafarers) Convention, 1976 (No.145)
Convention concerning Continuity of Employment of Seafarers (Note: Date of coming into force: 03:05:1979.)
Convention:C145
Place:Geneva
Session of the Conference:62
Date of adoption:28:10:1976
Subject classification: Seafarers
See the ratifications for this Convention
Display the document in: French Spanish
Status: Up-to-date instrument subject to a request for information
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-second Session on 13 October 1976, and
Having noted the terms of Part IV (Regularity of Employment and Income) of the Employment of Seafarers (Technical Developments) Recommendation, 1970, and
Having decided upon the adoption of certain proposals with regard to continuity of employment of seafarers, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-eighth day of October of the year one thousand nine hundred and seventy-six, the following Convention, which may be cited as the Continuity of Employment (Seafarers) Convention, 1976:
Article 1
1. This Convention applies to persons who are regularly available for work as seafarers and who depend on their work as such for their main annual income.
2. For the purpose of this Convention the term seafarers means persons defined as such by national law or practice or by collective agreement who are normally employed as crew members on board a sea-going ship other than--
(a) a ship of war;
(b) a ship engaged in fishing or in operations directly connected therewith or in whaling or in similar pursuits.
3. National laws or regulations shall determine when ships are to be regarded as sea-going ships for the purpose of this Convention.
4. The organisations of employers and workers concerned shall be consulted on or otherwise participate in the establishment and revision of definitions in pursuance of paragraphs 2 and 3 of this Article.
Article 2
1. In each member State which has a maritime industry it shall be national policy to encourage all concerned to provide continuous or regular employment for qualified seafarers in so far as this is practicable and, in so doing, to provide shipowners with a stable and competent workforce.
2. Every effort shall be made for seafarers to be assured minimum periods of employment, or either a minimum income or a monetary allowance, in a manner and to an extent depending on the economic and social situation of the country concerned.
Article 3
Measures to achieve the objectives set out in Article 2 of this Convention might include--
(a) contracts or agreements providing for continuous or regular employment with a shipping undertaking or an association of shipowners; or
(b) arrangements for the regularisation of employment by means of the establishment and maintenance of registers or lists, by categories, of qualified seafarers.
Article 4
1. Where the continuity of employment of seafarers is assured solely by the establishment and maintenance of registers or lists, these shall include all occupational categories of seafarers in a manner determined by national law or practice or by collective agreement.
2. Seafarers on such a register or list shall have priority of engagement for seafaring.
3. Seafarers on such a register or list shall be required to be available for work in a manner to be determined by national law or practice or by collective agreement.
Article 5
1. To the extent that national laws or regulations permit, the strength of registers or lists of seafarers shall be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry.
2. When a reduction in the strength of such a register or list becomes necessary, all appropriate measures shall be taken to prevent or minimise detrimental effects on seafarers, account being taken of the economic and social situation of the country concerned.
Article 6
Each member State shall ensure that appropriate safety, health, welfare and vocational training provisions apply to seafarers.
Article 7
The provisions of this Convention shall, except in so far as they are otherwise made effective by means of collective agreements, arbitration awards, or in such other manner as may be consistent with national practice, be given effect by national laws or regulations.
Article 8
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 9
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article 10
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 11
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article12
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 13
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 14
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 10 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article15
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Recommendations:R139 Employment of Seafarers (Technical Developments) Recommendation, 1970
C147 Merchant Shipping (Minimum Standards) Convention, 1976 (No.147)
Convention concerning Minimum Standards in Merchant Ships (Note: Date of coming into force: 28:11:1981.)
Convention:C147
Place:Geneva
Session of the Conference:62
Date of adoption:29:10:1976
Subject classification: Seafarers
See the ratifications for this Convention
Display the document in: French Spanish
Status: Up-to-date instrument
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its Sixty-second Session on 13 October 1976, and
Recalling the provisions of the Seafarers' Engagement (Foreign Vessels)
Recommendation, 1958, and of the Social Conditions and Safety (Seafarers)
Recommendation, 1958, and
Having decided upon the adoption of certain proposals with regard to substandard vessels, particularly those registered under flags of convenience, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-ninth day of October of the year one thousand nine hundred and seventy-six, the following Convention, which may be cited as the Merchant Shipping (Minimum Standards) Convention, 1976:
Article 1
1. Except as otherwise provided in this Article, this Convention applies to every sea-going ship, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose.
2. National laws or regulations shall determine when ships are to be regarded as sea-going ships for the purpose of this Convention.
3. This Convention applies to sea-going tugs.
4. This Convention does not apply to--
(a) ships primarily propelled by sail, whether or not they are fitted with auxiliary engines;
(b) ships engaged in fishing or in whaling or in similar pursuits;
(c) small vessels and vessels such as oil rigs and drilling platforms when not engaged in navigation, the decision as to which vessels are covered by this subparagraph to be taken by the competent authority in each country in consultation with the most representative organisations of shipowners and seafarers.
5. Nothing in this Convention shall be deemed to extend the scope of the Conventions referred to in the Appendix to this Convention or of the provisions contained therein.
Article 2
Each Member which ratifies this Convention undertakes--
(a) to have laws or regulations laying down, for ships registered in its territory--
(i) safety standards, including standards of competency, hours of work and manning, so as to ensure the safety of life on board ship;
(ii) appropriate social security measures; and
(iii) shipboard conditions of employment and shipboard living arrangements, in so far as these, in the opinion of the Member, are not covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned; and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, in so far as the Member is not otherwise bound to give effect to the Conventions in question;
(b) to exercise effective jurisdiction or control over ships which are registered in its territory in respect of--
(i) safety standards, including standards of competency, hours of work and manning, prescribed by national laws or regulations;
(ii) social security measures prescribed by national laws or regulations;
(iii) shipboard conditions of employment and shipboard living arrangements prescribed by national laws or regulations, or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned;
(c) to satisfy itself that measures for the effective control of other shipboard conditions of employment and living arrangements, where it has no effective jurisdiction, are agreed between shipowners or their organisations and seafarers' organisations constituted in accordance with the substantive provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949;
(d) to ensure that--
(i) adequate procedures--subject to over-all supervision by the competent authority, after tripartite consultation amongst that authority and the representative organisations of shipowners and seafarers where appropriate--exist for the engagement of seafarers on ships registered in its territory and for the investigation of complaints arising in that connection;
(ii) adequate procedures--subject to over-all supervision by the competent authority, after tripartite consultation amongst that authority and the representative organisations of shipowners and seafarers where appropriate--exist for the investigation of any complaint made in connection with and, if possible, at the time of the engagement in its territory of seafarers of its own nationality on ships registered in a foreign country, and that such complaint as well as any complaint made in connection with and, if possible, at the time of the engagement in its territory of foreign seafarers on ships registered in a foreign country, is promptly reported by its competent authority to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office;
(e) to ensure that seafarers employed on ships registered in its territory are properly qualified or trained for the duties for which they are engaged, due regard being had to the Vocational Training (Seafarers) Recommendation, 1970;
(f) to verify by inspection or other appropriate means that ships registered in its territory comply with applicable international labour Conventions in force which it has ratified, with the laws and regulations required by subparagraph (a) of this Article and, as may be appropriate under national law, with applicable collective agreements;
(g) to hold an official inquiry into any serious marine casualty involving ships registered in its territory, particularly those involving injury and/or loss of life, the final report of such inquiry normally to be made public.
Article 3
Any Member which has ratified this Convention shall, in so far as practicable, advise its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention, until it is satisfied that standards equivalent to those fixed by this Convention are being applied. Measures taken by the ratifying State to this effect shall not be in contradiction with the principle of free movement of workers stipulated by the treaties to which the two States concerned may be parties.
Article 4
1. If a Member which has ratified this Convention and in whose port a ship calls in the normal course of its business or for operational reasons receives a complaint or obtains evidence that the ship does not conform to the standards of this Convention, after it has come into force, it may prepare a report addressed to the government of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office, and may take measures necessary to rectify any conditions on board which are clearly hazardous to safety or health.
2. In taking such measures, the Member shall forthwith notify the nearest maritime, consular or diplomatic representative of the flag State and shall, if possible, have such representative present. It shall not unreasonably detain or delay the ship.
3. For the purpose of this Article, complaint means information submitted by a member of the crew, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the ship, including an interest in safety or health hazards to its crew.
Article 5
1. This Convention is open to the ratification of Members which--
(a) are parties to the International Convention for the Safety of Life at Sea, 1960, or the International Convention for the Safety of Life at Sea, 1974, or any Convention subsequently revising these Conventions; and
(b) are parties to the International Convention on Load Lines, 1966, or any Convention subsequently revising that Convention; and
(c) are parties to, or have implemented the provisions of, the Regulations for Preventing Collisions at Sea of 1960, or the Convention on the International Regulations for Preventing Collisions at Sea, 1972, or any Convention subsequently revising these international instruments.
2. This Convention is further open to the ratification of any Member which, on ratification, undertakes to fulfil the requirements to which ratification is made subject by paragraph 1 of this Article and which are not yet satisfied.
3. The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 6
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which there have been registered ratifications by at least ten Members with a total share in world shipping gross tonnage of 25 per cent.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 7
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 8
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 9
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 10
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 11
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 7 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 12
The English and French versions of the text of this Convention are equally authoritative.
ANNEX
Appendix
Minimum Age Convention, 1973 (No. 138), or
Minimum Age (Sea) Convention (Revised), 1936 (No. 58), or
Minimum Age (Sea) Convention, 1920 (No. 7);
Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), or
Sickness Insurance (Sea) Convention, 1936 (No. 56), or
Medical Care and Sickness Benefits Convention, 1969 (No. 130);
Medical Examination (Seafarers) Convention, 1946 (No. 73);
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)(Articles 4 and 7);
Accommodation of Crews Convention (Revised), 1949 (No. 92);
Food and Catering (Ships' Crews) Convention, 1946 (No. 68) (Article 5);
Officers' Competency Certificates Convention, 1936 (No. 53) (Articles 3 and 4) ; (Note: In cases where the established licensing system or certification structure of a State would be prejudiced by problems arising from strict adherence to the relevant standards of the Officers' Competency Certificates Convention, 1936, the principle of substantial equivalence shall be applied so that there will be no conflict with that State's established arrangements for certification.)
Seamen's Articles of Agreement Convention, 1926 (No. 22);
Repatriation of Seamen Convention, 1926 (No. 23);
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87);
Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
Cross references
Recommendations:R107 Seafarers' Engagement (Foreign Vessels)
Recommendation, 1958
Recommendations:R108 Social Conditions and Safety (Seafarers)
Recommendation, 1958
Conventions: C087 Freedom of Association and Protection of the Right to Organise
Convention, 1948
Conventions: C098 Right to Organise and Collective Bargaining Convention, 1949
Recommendations:R137 Vocational Training (Seafarers) Recommendation, 1970
Conventions: C138 Minimum Age Convention, 1973
Conventions: C058 Minimum Age (Sea) Convention Revised), 1936
Conventions: C007 Minimum Age (Sea) Convention, 1920
Conventions: C055 Shipowners' Liability (Sick and Injured Seamen) Convention, 1936
Conventions: C056 Sickness Insurance (Sea) Convention, 1936
Conventions: C130 Medical Care and Sickness Benefits Convention, 1969
Conventions: C073 Medical Examination (Seafarers) Convention, 1946
Conventions: C134 Prevention of Accidents (Seafarers) Convention, 1970
Conventions: C092 Accommodation of Crews Convention Revised), 1949
Conventions: C068 Food and Catering (Ships' Crews) Convention, 1946
Conventions: C053 Officers' Competency Certificates Convention, 1936
Conventions: C022 Seamen's Articles of Agreement Convention, 1926
Conventions: C023 Repatriation of Seamen Convention, 1926
Supplemented: P147:Complemented by the Protocol of 1996 to the Merchant
Shipping (Minimum Standards) Convention, 1976
P147 Protocol to the Merchant Shipping (Minimum Standards) Convention, 1976
Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976
(Note: Date of coming into force: 10:01:2003)
Convention:P147
Place:Geneva
Session of the Conference:84
Date of adoption:22:10:1996
Subject classification: Seafarers
See the ratifications for this Convention
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its Eighty-fourth Session on 8 October 1996, and
Noting the provisions of Article 2 of the Merchant Shipping (Minimum Standards) Convention, 1976 (referred to below as "the principal Convention"), which states in part that:
"Each Member which ratifies this Convention undertakes -
(a) to have laws or regulations laying down, for ships registered in its territory -
(i) safety standards, including standards of competency, hours of work and manning, so as to ensure the safety of life on board ship;
(ii) appropriate social security measures; and
(iii) shipboard conditions of employment and shipboard living arrangements, in so far as these, in the opinion of the Member, are not covered by collective agreements or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned;
and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, in so far as the Member is not otherwise bound to give effect to the Conventions in question"; and
Noting also the provisions of Article 4, paragraph 1, of the principal Convention, which states that:
"If a Member which has ratified this Convention and in whose port a ship calls in the normal course of its business or for operational reasons receives a complaint or obtains evidence that the ship does not conform to the standards of this Convention, after it has come into force, it may prepare a report addressed to the government of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office, and may take measures necessary to rectify any conditions on board which are clearly hazardous to safety or health"; and
Recalling the Discrimination (Employment and Occupation) Convention, 1958, Article 1, paragraph 1, of which states that:
"For the purpose of this Convention the term discrimination includes -
(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;
(b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies"; and
Recalling the entry into force of the United Nations Convention on the Law of the Sea, 1982, on 16 November 1994, and
Recalling the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995, of the International Maritime Organization,
Having decided on the adoption of certain proposals with regard to the partial revision of the principal Convention, which is the fourth item on the agenda of the session, and
Having determined that these proposals should take the form of a Protocol to the principal Convention;
adopts, this twenty-second day of October one thousand nine hundred and ninety-six, the following Protocol, which may be cited as the Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976:
Article1
1. Each Member which ratifies this Protocol shall extend the list of Conventions appearing in the Appendix to the principal Convention to include the Conventions in Part A of the Supplementary Appendix and such Conventions listed in Part B of that Appendix as it accepts, if any, in accordance with Article 3 below.
2. Extension to the Convention listed in Part A of the Supplementary Appendix that is not yet in force shall take effect only when that Convention comes into force.
Article 2
A Member may ratify this Protocol at the same time as or at any time after it ratifies the principal Convention, by communicating its formal ratification of the Protocol to the Director-General of the International Labour Office for registration.
Article 3
1. Each Member which ratifies this Protocol shall, where applicable, in a declaration accompanying the instrument of ratification, specify which Convention or Conventions listed in Part B of the Supplementary Appendix it accepts.
2. A Member which has not accepted all of the Conventions listed in Part B of the Supplementary Appendix may, by subsequent declaration communicated to the Director-General of the International Labour Office, specify which other Convention or Conventions it accepts.
Article 4
1. For the purposes of Article 1, paragraph 1, and Article 3 of this Protocol, the competent authority shall hold prior consultations with the representative organizations of shipowners and seafarers.
2. The competent authority shall, as soon as practicable, make available to the representative organizations of shipowners and seafarers information as to ratifications, declarations and denunciations notified by the Director-General of the International Labour Office in conformity with Article 8, paragraph 1, below.
Article 5
For the purpose of this Protocol, the Repatriation of Seafarers Convention (Revised), 1987, shall, in the case of a Member which accepts that Convention, be regarded as a replacement of the Repatriation of Seamen Convention, 1926.
Article 6
1. This Protocol shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office.
2. This Protocol shall come into force 12 months after the date on which the ratifications of five Members, three of which each have at least one million gross tonnage of shipping, have been registered.
3. Thereafter, this Protocol shall come into force for any Member 12 months after the date on which its ratification has been registered.
Article 7
A Member which has ratified this Protocol may denounce it whenever the principal Convention is open to denunciation in accordance with its Article 7, by an act communicated to the Director-General of the International Labour Office for registration. Denunciation of this Protocol shall not take effect until one year after the date on which it is registered.
Article 8
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, declarations and acts of denunciation communicated by the Members of the Organization.
2. When the conditions provided for in Article 6, paragraph 2, above have been fulfilled, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Protocol shall come into force.
Article 9
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles.
Article 10
At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Protocol and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 11
For the purposes of revising this Protocol and closing it to ratification, the provisions of Article 11 of the principal Convention shall apply mutatis mutandis.
Article 12
The English and French versions of the text of this Protocol are equally authoritative.
ANNEX Supplementary Appendix
Part A
Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)
and
Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180)
Part B
Seafarers' Identity Documents Convention, 1958 (No. 108)
Workers' Representatives Convention, 1971 (No. 135)
Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)
Repatriation of Seafarers Convention (Revised), 1987 (No. 166)
Cross references
Conventions: C108 Seafarers' Identity Documents Convention, 1958
Conventions: C111 Discrimination (Employment and Occupation) Convention, 1958
Conventions: C133 Accommodation of Crews (Supplementary Provisions) Convention, 1970
Conventions: C135 Workers' Representatives Convention, 1971
Supplemented: C147 Merchant Shipping (Minimum Standards) Convention, 1976
Conventions: C164 Health Protection and Medical Care (Seafarers) Convention, 1987
Conventions: C166 Repatriation of Seafarers Convention Revised), 1987
Conventions: C180 Seafarers' Hours of Work and the Manning of Ships Convention, 1996
R009 National Seamen''s Codes Recommendation, 1920 (No.9)
Recommendation concerning the Establishment of National Seamen's Codes
Recommendation:R009
Place:Genoa
Session of the Conference:2
Date of adoption=09:07:1920
Subject classification: Seafarers
The General Conference of the International Labour Organisation,
Having been convened at Genoa by the Governing Body of the International Labour Office, on the 15 June 1920, and
Having decided upon the adoption of certain proposals with regard to a consideration of the possibility of drawing up an International Seamen's Code, which is the fourth item in the agenda for the Genoa meeting of the Conference, and
Having determined that these proposals shall take the form of a Recommendation,
adopts the following Recommendation, which may be cited as the National Seamen's Codes Recommendation, 1920, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:
In order that, as a result of the clear and systematic codification of the national law in each country, the seamen of the world, whether engaged on ships of their own or foreign countries, may have a better comprehension of their rights and obligations, and in order that the task of establishing an International Seamen's Code may be advanced and facilitated, the International Labour Conference recommends that each Member of the International Labour Organisation undertake the embodiment in a seamen's code of all its laws and regulations relating to seamen in their activities as such.
Cross references
R107 Seafarers'' Engagement (Foreign Vessels) Recommendation, 1958 (No.107)
Recommendation concerning the Engagement of Seafarers for Service in Vessels
Registered in a Foreign Country
Recommendation:R107
Place:Geneva
Session of the Conference:41
Date of adoption=13:05:1958
Subject classification: Seafarers
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-first Session on 29 April 1958, and
Expressing its serious concern at the tendency of nationals of certain maritime countries to serve in vessels of other countries without properly negotiated collective agreements ensuring them the protection and standards applicable to vessels of their own countries, and
Having decided upon the adoption of certain proposals concerning the engagement of seafarers, which is the third item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this thirteenth day of May of the year one thousand nine hundred and fifty-eight, the following Recommendation, which may be cited as the Seafarers' Engagement (Foreign Vessels) Recommendation, 1958:
1. Each Member should do everything in its power to discourage seafarers within its territory from joining or agreeing to join vessels registered in a foreign country unless the conditions under which such seafarers are to be engaged are generally equivalent to those applicable under collective agreements and social standards accepted by bona fide organisations of shipowners and seafarers of maritime countries where such agreements and standards are traditionally observed.
2. In particular, each Member should have regard to whether proper provision is made--
(a) for the return of a seafarer employed on a vessel registered in a foreign country who is put ashore in a foreign port for reasons for which he is not responsible to--
(i) the port at which he was engaged; or
(ii) a port in his own country or the country to which he belongs;or
(iii) another port agreed upon between the seafarer concerned and the master or shipowner, with the approval of the competent authority or under other appropriate safeguards;
(b) for medical care and maintenance of a seafarer employed on a vessel registered in a foreign country who is put ashore in a foreign port in consequence of sickness or injury incurred in the service of the vessel and not due to his own wilful misconduct.
Cross references
R139 Employment of Seafarers (Technical Developments) Recommendation, 1970 (No.139)
Recommendation concerning Employment Problems Arising from Technical Developments on Board Ship
Recommendation:R139
Place:Geneva
Session of the Conference:55
Date of adoption=29:10:1970
Subject classification: Seafarers
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Considering that in times of accelerated changes in the operation of merchant ships, both as regards technical and organisational methods and as regards economic aspects, special attention needs to be given to the employment problems which may arise from such changes in order to safeguard and improve the conditions of seafarers, provide sufficient and suitable manpower for the maritime industry, and generally secure for all concerned the greater benefits from technical progress, and
Considering further that in the establishment and implementation of national and regional manpower plans under the World Employment Programme of the International Labour Organisation adequate attention should be given to the changing manpower requirements of the maritime industry, and
Noting that technical co-operation is available from the International Labour Organisation for the purpose of maritime manpower planning and development, including the introduction and adaptation of maritime training schemes to meet the requirements of modern merchant ships, and
Noting the terms of existing international labour Conventions and Recommendations which may be relevant to employment problems arising from technical developments, and in particular of the Placing of Seamen Convention, 1920, the Seafarers' Pensions Convention, 1946, the Employment Service Convention and Recommendation, 1948, the Termination of Employment Recommendation, 1963, and the Employment Policy Convention and Recommendation, 1964, and
Considering that it is important to adopt a programme of action specifically designed to meet the requirements of the maritime industry, and
Having decided upon the adoption of certain proposals with regard to problems arising from technical developments and modernisation on board ship, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-ninth day of October of the year one thousand nine hundred and seventy, the following Recommendation, which may be cited as the Employment of Seafarers (Technical Developments) Recommendation, 1970:
I. Manpower Planning
1. Each Member which has a maritime industry should ensure the establishment of national manpower plans for that industry within the framework of its national employment policy.
2. In preparing such manpower plans account should be taken of--
(a) the conclusion drawn from periodic studies of the size of the maritime labour force, the nature and extent of employment, the distribution of the labour force by such characteristics as age and occupational group and probable future trends in these fields;
(b) studies of trends in the evolution of new techniques in the maritime industry both at home and abroad, in relation, among other things, to structural changes in the industry in the form of--
(i) changed methods of operation of ships, technically and organisationally; and
(ii) modifications in manning scales and job contents on different types of ships;
(c) forecasts, in the light of the foregoing studies, of the probable requirements, at different dates in the future, for various categories and grades of seafarers.
3. Such manpower plans should be designed to obtain for shipowners and seafarers as well as for the community as a whole the greatest benefits from technical progress, and to protect from hardship seafarers whose employment is affected thereby.
4.
(1) If they do not formulate the manpower plans themselves, representatives of shipowners' and seafarers' organisations should be consulted in connection with their formulation and subsequent adjustment, and the co-operation and participation of these organisations should be sought in the practical application of the plans.
(2) There should be regular consultation between shipowners and seafarers and their various organisations on employment problems related to technical change.
II. Recruitment and Placement
5. Recruitment of seafarers into the maritime industry should take account of existing manpower plans and of the forecasts contained therein.
6.
(1) Mobility within the maritime labour force should be facilitated by the operation of an effective employment service.
(2) Where the placement of seafarers is the concern of specialised employment offices, and where these offices are responsible for finding jobs ashore, placement in such jobs should be facilitated by close collaboration between those offices and the general public employment service.
7.
(1) Having regard to natural wastage, positive steps should be taken by those responsible to avert or minimise as far as practicable the effects of any material reductions in the number of seafarers employed, by such measures as providing employment opportunities on as wide a range of ships as is reasonable and practicable, and by retraining where appropriate.
(2) The selection of seafarers to be affected by a reduction of the workforce should be made according to agreed criteria and on a basis appropriate to the special conditions of the maritime industry.
8. Up-to-date information should be made available on the nature of technical changes on board ship for the guidance of seafarers and potential seafarers.
III. Training and Retraining
9. Where technical changes require study of the need to train seafarers and to help them to adapt to these changes, account should be taken of the Vocational Training (Seafarers) Recommendation, 1970.
10. Where changes in functions and required skills arising from technical developments are likely to affect seafarers, basic training of those concerned, including certificated personnel, should be reviewed to take account of these changes and to ensure that seafarers are adequately trained for the functions they will be required to carry out.
11. Where the nature of technical developments so requires, consideration should be given to the possibility of retraining seafarers to enable them to take full advantage of the opportunities offered by these developments.
12. There should be consultation with shipowners' and seafarers' organisations, and between them, where technical developments are likely to lead to changes in manning scales or in certification requirements or to significant changes in the duties and functions of various categories of seafarers.
13. Changes in the duties and functions of the various categories of seafarers should be explained clearly and with adequate notice to those involved.
IV. Regularity of Employment and Income
14.
(1) Consideration should be given to schemes providing regularity of employment and income for seafarers and suitable personnel to man ships.
(2) Such schemes might provide, for instance, for contracts of employment with a company or with the industry for seafarers with appropriate qualifications.
15. Consideration should also be given to arranging for seafarers, as part of the national social security system or otherwise, some form of benefits during periods of unemployment.
16.
(1) Efforts should be made to meet the needs of seafarers, particularly older persons, who have special difficulty in adjusting to technical change.
(2) Amongst possible measures, consideration should be given to--
(a) retraining for other industries through government and other schemes that are available; and
(b) the provision of adequate benefits, within the framework of social security systems or other schemes, for those who are required to leave the maritime industry at an earlier age than is generally the case.
V. International Co-operation
17. To avoid hardship to such seafarers employed in foreign ships as are likely to be affected by technical changes aboard ship, the governments and shipowners' and seafarers' organisations concerned should undertake early consultation and should co-operate with a view to--
(a) adjusting the supply of these seafarers gradually to the changing requirements of the foreign countries on whose ships they are employed; and
(b) minimising the effects of redundancy by the joint application of relevant provisions of this Recommendation.
Cross references
Conventions: C009 Placing of Seamen Convention, 1920
Conventions: C071 Seafarers' Pensions Convention, 1946
Conventions: C088 Employment Service Convention, 1948
Recommendations:R083 Employment Service Recommendation, 1948
Recommendations:R119 Termination of Employment Recommendation, 1963
Conventions: C122 Employment Policy Convention, 1964
Recommendations:R122 Employment policy Recommendation, 1964
Recommendations:R137 Vocational Training (Seafarers) Recommendation, 1970
R154 Continuity of Employment (Seafarers) Recommendation, 1976 (No.154)
Recommendation concerning Continuity of Employment of Seafarers
Recommendation:R154
Place:Geneva
Session of the Conference:62
Date of adoption=28:10:1976
Subject classification: Seafarers
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its Sixty-second Session on 13 October 1976, and
Having noted the terms of the Employment of Seafarers (Technical Developments) Recommendation, 1970, and
Having decided upon the adoption of certain proposals with regard to continuity of employment of seafarers, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Continuity of Employment (Seafarers) Convention, 1976,
adopts this twenty-eighth day of October of the year one thousand nine hundred seventy-six, the following Recommendation, which may be cited as the Continuity of Employment (Seafarers) Recommendation, 1976:
1.
(1) Subject to the provisions of Paragraph 11, this Recommendation applies to persons who are regularly available for work as seafarers and who depend on their work as such for their main annual income.
(2) For the purpose of this Recommendation the term seafarers means persons defined as such by national law or practice or by collective agreement who are normally employed as crew members on board a sea-going ship other than--
(a) a ship of war;
(b) a ship engaged in fishing or in operations directly connected therewith or in whaling or in similar pursuits.
(3) National laws or regulations should determine when ships are to be regarded as sea-going ships for the purpose of this Recommendation.
(4) The organisations of employers and workers concerned should be consulted on or otherwise participate in the establishment and revision of definitions in pursuance of subparagraphs (2) and (3) of this Paragraph.
2. In so far as practicable, continuous or regular employment should be provided for all qualified seafarers.
3.
(1) Except where continuous or regular employment with a particular shipowner exists, systems of allocation should be agreed upon which reduce to a minimum the necessity for attending calls for selection and allocation to a job and the time required for this purpose.
(2) In so far as practicable, these systems should preserve the right of a seafarer to select the vessel on which he is to be employed and the right of the shipowner to select the seafarer whom he is to engage.
4. Subject to conditions to be prescribed by national laws or regulations, or collective agreements, the transfer of seafarers in the regular employment of one employer to temporary work with another should be permitted when required.
5.
(1) Where continuous or regular employment is not practicable, guarantees of employment and/or income should be provided in a manner and to an extent depending on the economic and social situation of the country concerned.
(2) These guarantees might include the following:
(a) employment for an agreed number of weeks or months per year, or income in lieu thereof;
(b) unemployment benefit when no work is available.
6.
(1) Where the measures to obtain regular employment for seafarers provide for the establishment and maintenance of registers or lists of qualified seafarers, criteria should be laid down for determining the seafarers to be included in such registers or lists.
(2) Such criteria might include the following:
(a) residence in the country concerned;
(b) age and medical fitness;
(c) competence and skill;
(d) previous service at sea.
7. When the strength of such registers or lists is reviewed by the parties concerned, account should be taken of all relevant factors, including the long-term factors such as the modernisation of the maritime industry and changing trends in trade.
8. If reduction in the over-all strength of such a register or list becomes unavoidable, all necessary efforts should be made to help seafarers to find employment elsewhere through the provision of retraining facilities, as provided for in Part III of the Employment of Seafarers (Technical Developments) Recommendation, 1970, and the assistance of the public employment services.
9.
(1) In so far as practicable, any necessary reduction in the strength of such a register or list should be made gradually and without recourse to termination of employment. In this respect, experience with personnel planning techniques at the level of the undertaking and at industry level can be usefully applied to the maritime industry.
(2) In determining the extent of the reduction, regard should be had to such means as--
(a) natural wastage;
(b) cessation of recruitment;
(c) exclusion of men who do not derive their main means of livelihood from seafaring work;
(d) reducing the retirement age or facilitating voluntary early retirement by the grant of pensions, supplements to state pensions, or lump-sum payments.
10. Termination of employment should be envisaged only after due regard has been had to the means referred to in subparagraph (2) of Paragraph 9 and subject to whatever guarantees of employment may have been given. It should be based as far as possible on agreed criteria, should be subject to adequate notice, and should be accompanied by payments such as--
(a) unemployment insurance or other forms of social security;
(b) severance allowance or other types of separation benefits;
(c) such combination of benefits as may be provided for by national laws or regulations, or collective agreements.
11. Appropriate provisions of this Recommendation should, as far as practicable and in accordance with national laws and practice and collective agreements, also be applied to persons who work as seafarers on a seasonal basis.
Cross references
Conventions: C145 Continuity of Employment (Seafarers) Convention, 1976
Recommendations:R139 Employment of Seafarers (Technical Developments) Recommendation, 1970
R155 Merchant Shipping (Improvement of Standards) Recommendation, 1976 (No.155)
Recommendation concerning the Improvement of Standards in Merchant Ships
Recommendation:R155
Place:Geneva
Session of the Conference:62
Date of adoption=29:10:1976
Subject classification: Seafarers
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its Sixty-second Session on 13 October 1976, and
Having decided upon the adoption of certain proposals with regard to substandard vessels, particularly those registered under flags of convenience, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Merchant Shipping (Minimum Standards) Convention, 1976,
adopts this twenty-ninth day of October of the year one thousand nine hundred seventy-six, the following Recommendation, which may be cited as the Merchant Shipping (Improvement of Standards) Recommendation, 1976:
1.
(1) Except as otherwise provided in this Paragraph, this Recommendation applies to every sea-going ship, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose.
(2) National laws or regulations should determine when ships are to be regarded as sea-going ships for the purpose of this Recommendation.
(3) This Recommendation applies to sea-going tugs.
(4) This Recommendation does not apply to--
(a) ships primarily propelled by sail, whether or not they are fitted with auxiliary engines;
(b) ships engaged in fishing or in whaling or in similar pursuits;
(c) small vessels and vessels such as oil-rigs and drilling platforms when not engaged in navigation, the decision as to which vessels are covered by this clause to be taken by the competent authority in each country in consultation with the most representative organisations of shipowners and seafarers.
(5) Nothing in this Recommendation should be deemed to extend the scope of the instruments referred to in the Appendix to the Merchant Shipping (Minimum Standards) Convention, 1976, or in the Appendix to this Recommendation.
2. Members should--
(a) ensure that the provisions of the laws and regulations provided for in Article 2, subparagraph (a), of the Merchant Shipping (Minimum Standards) Convention, 1976, and
(b) satisfy themselves that such provisions of collective agreements as deal with shipboard conditions of employment and shipboard living arrangements, are at least equivalent to the Conventions or Articles of Conventions referred to in the Appendix to the Merchant Shipping (Minimum Standards) Convention, 1976.
3. In addition, steps should be taken, by stages if necessary, with a view to such laws or regulations, or as appropriate collective agreements, containing provisions at least equivalent to the provisions of the instruments referred to in the Appendix to this Recommendation.
4.
(1) Pending steps for such revision of the Merchant Shipping (Minimum Standards) Convention, 1976, as may become necessary in the light of changes in the circumstances and needs of merchant shipping, cognisance should be taken in the application of that Convention, after consultation with the most representative organisations of shipowners and seafarers, of any revision of individual Conventions referred to in the Appendix thereto that has come into force.
(2) Cognizance should be taken in the application of this Recommendation, after consultation with the most representative organisations of shipowners and seafarers, of any revision of individual Conventions referred to in the Appendix thereto that has come into force and of any revision of other instruments therein referred to that has been adopted.
APPENDIX
Officers' Competency Certificates Convention, 1936 (No. 53);
Food and Catering (Ships' Crews) Convention, 1946 (No. 68);
Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133);
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134);
Workers' Representatives Convention, 1971 (No. 135);
Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91); or Seafarers' Annual Leave Convention, 1976 (No. 146);
Social Security (Seafarers) Convention, 1946 (No. 70);
Vocational Training (Seafarers) Recommendation, 1970 (No. 137);
IMCO/ILO Document for Guidance, 1975.
Cross references
Conventions: C147 Merchant Shipping (Minimum Standards) Convention, 1976
Conventions: C070 Social Security (Seafarers) Convention, 1946
Conventions: C053 Officers' Competency Certificates, 1936
Conventions: C133 Accomodation of Crews (Supplementary Provisions) Convention, 1970
Conventions: C134 Prevention of Accidents (Seafarers) Convention, 1970
Conventions: C135 Workers' Representatives Convention, 1971
Conventions: C146 Seafarers' Annual Leave wiyth Pay Convention, 1976
Conventions: C091 Paid Vacation (Seafarers) Revised) Convention, 1949
Recommendations:R137 Vocational Training (Seafarers) Recommendation, 1970
02 Training and entry into employment
C009 Placing of Seamen Convention, 1920 (No.9)
C9 Placing of Seamen Convention, 1920
Convention for Establishing Facilities for Finding Employment for Seamen (Note: Date of coming into force: 23:11:1921.)
Convention:C009
Place:Genoa
Session of the Conference:2
Date of adoption:10:07:1920
Subject classification: Admission to Employment
See the ratifications for this Convention
Display the document in: French Spanish
Status: Outdated instrument
The General Conference of the International Labour Organisation,
Having been convened at Genoa by the Governing Body of the International Labour Office, on the 15 June 1920, and
Having decided upon the adoption of certain proposals with regard to the supervision of articles of agreement; provision of facilities for finding employment for seamen; application to seamen of the Convention and Recommendations adopted at Washington in November last in regard to unemployment and unemployment insurance, which is the second item in the agenda for the Genoa meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Placing of Seamen Convention, 1920, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
For the purpose of this Convention, the term seamen includes all persons, except officers, employed as members of the crew on vessels engaged in maritime navigation.
Article 2
1. The business of finding employment for seamen shall not be carried on by any person, company, or other agency, as a commercial enterprise for pecuniary gain; nor shall any fees be charged directly or indirectly by any person, company or other agency, for finding employment for seamen on any ship.
2. The law of each country shall provide punishment for any violation of the provisions of this Article.
Article 3
1. Notwithstanding the provisions of Article 2, any person, company or agency, which has been carrying on the work of finding employment for seamen as a commercial enterprise for pecuniary gain, may be permitted to continue temporarily under Government licence, provided that such work is carried on under Government inspection and supervision, so as to safeguard the rights of all concerned.
2. Each Member which ratifies this Convention agrees to take all practicable measures to abolish the practice of finding employment for seamen as a commercial enterprise for pecuniary gain as soon as possible.
Article 4
1. Each Member which ratifies this Convention agrees that there shall be organised and maintained an efficient and adequate system of public employment offices for finding employment for seamen without charge. Such system may be organised and maintained, either--
(a) by representative associations of shipowners and seamen jointly under the control of a central authority, or,
(b) in the absence of such joint action, by the State itself.
2. The work of all such employment offices shall be administered by persons having practical maritime experience.
3. Where such employment offices of different types exist, steps shall be taken to co-ordinate them on a national basis.
Article 5
Committees consisting of an equal number of representatives of shipowners and seamen shall be constituted to advise on matters concerning the carrying on of these offices. The Government in each country may make provision for further defining the powers of these committees, particularly with reference to the committees' selection of their chairmen from outside their own membership, to the degree of State supervision, and to the assistance which such committees shall have from persons interested in the welfare of seamen.
Article 6
In connection with the employment of seamen, freedom of choice of ship shall be assured to seamen and freedom of choice of crew shall be assured to shipowners.
Article 7
The necessary guarantees for protecting all parties concerned shall be included in the contract of engagement or articles of agreement, and proper facilities shall be assured to seamen for examining such contract or articles before and after signing.
Article 8
Each Member which ratifies this Convention will take steps to see that the facilities for employment of seamen provided for in this Convention shall, if necessary by means of public offices, be available for the seamen of all countries which ratify this Convention, and where the industrial conditions are generally the same.
Article 9
Each country shall decide for itself whether provisions similar to those in this Convention shall be put in force for deck-officers and engineer-officers.
Article 10
1. Each Member which ratifies this Convention shall communicate to the International Labour Office all available information, statistical or otherwise, concerning unemployment among seamen and concerning the work of its seamen's employment agencies.
2. The International Labour Office shall take steps to secure the co-ordination of the various national agencies for finding employment for seamen, in agreement with the Governments or organisations concerned in each country.
Article 11:
1. Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, protectorates and possessions which are not fully self-governing --
a) except where owing to the local conditions its provisions are inapplicable; or
b) subject to such modifications as may be necessary to adapt its provisions to local conditions.
2. Each Member shall notify to the International Labour Office the action taken in respect of each of its colonies, protectorates and possessions which are not fully self-governing.
Article 12
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 13
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 14
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, and it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 15
Subject to the provisions of Article 14, each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1922, and to take such action as may be necessary to make these provisions effective.
Article 16
A Member which has ratified this Convention may denounce it after the expiration of five years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 17
At least once in ten years the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention, and shall consider the desirability of placing on the agenda of the Conference the question of its revision or modification.
Article 18
The French and English texts of this Convention shall both be authentic.
Cross references
Conventions: C002 Unemployment Convention, 1919
Recommendations:R001 Unemployment Recommendation, 1919
Revised: C179 This Convention was revised in 1996 by Convention No. 179
--------------------------------------------------------------------------------
C022 Seamen''s Articles of Agreement Convention, 1926
Convention concerning Seamen's Articles of Agreement
(Note: Date of coming into force: 04:04:1928.)
Convention:C022
Place:Geneva
Session of the Conference:9
Date of adoption:24:06:1926
Subject classification: Admission to Employment
See the ratifications for this Convention
Display the document in: French Spanish
Status: Instrument to be revised
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninth Session on 7 June 1926, and
Having decided upon the adoption of certain proposals with regard to seamen's articles of agreement, which is included in the first item of the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-fourth day of June of the year one thousand nine hundred and twenty-six, the following Convention, which may be cited as the Seamen's Articles of Agreement Convention, 1926, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
1. This Convention shall apply to all sea-going vessels registered in the country of any Member ratifying this Convention and to the owners, masters and seamen of such vessels.
2. It shall not apply to--
(a) ships of war,
(b) Government vessels not engaged in trade,
(c) vessels engaged in the coasting trade,
(d) pleasure yachts,
(e) Indian country craft,
(f) fishing vessels,
(g) vessels of less than 100 tons gross registered tonnage or 300 cubic metres, nor to vessels engaged in the home trade below the tonnage limit prescribed by national law for the special regulation of this trade at the date of the passing of this Convention.
Article 2
For the purpose of this Convention the following expressions have the meanings hereby assigned to them, viz.:
(a) the term vessel includes any ship or boat of any nature whatsoever, whether publicly or privately owned, ordinarily engaged in maritime navigation;
(b) the term seaman includes every person employed or engaged in any capacity on board any vessel and entered on the ship's articles. It excludes masters, pilots, cadets and pupils on training ships and duly indentured apprentices, naval ratings, and other persons in the permanent service of a Government;
(c) the term master includes every person having command and charge of a vessel except pilots;
(d) the term home trade vessel means a vessel engaged in trade between a country and the ports of a neighbouring country within geographical limits determined by the national law.
Article 3
1. Articles of agreement shall be signed both by the shipowner or his representative and by the seaman. Reasonable facilities to examine the articles of agreement before they are signed shall be given to the seaman and also to his adviser.
2. The seaman shall sign the agreement under conditions which shall be prescribed by national law in order to ensure adequate supervision by the competent public authority.
3. The foregoing provisions shall be deemed to have been fulfilled if the competent authority certifies that the provisions of the agreement have been laid before it in writing and have been confirmed both by the shipowner or his representative and by the seaman.
4. National laws shall make adequate provision to ensure that the seaman has understood the agreement.
5. The agreement shall not contain anything which is contrary to the provisions of national law or of this Convention.
6. National law shall prescribe such further formalities and safeguards in respect of the completion of the agreement as may be considered necessary for the protection of the interests of the shipowner and of the seaman.
Article 4
1. Adequate measures shall be taken in accordance with national law for ensuring that the agreement shall not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement.
2. This Article shall not be interpreted as excluding a reference to arbitration.
Article 5
1. Every seaman shall be given a document containing a record of his employment on board the vessel. The form of the document, the particulars to be recorded and the manner in which such particulars are to be entered in it shall be determined by national law.
2. The document shall not contain any statement as to the quality of the seaman's work or as to his wages.
Article 6
1. The agreement may be made either for a definite period or for a voyage or, if permitted by national law, for an indefinite period.
2. The agreement shall state clearly the respective rights and obligations of each of the parties.
3. It shall in all cases contain the following particulars:
(1) the surname and other names of the seaman, the date of his birth or his age, and his birthplace;
(2) the place at which and date on which the agreement was completed;
(3) the name of the vessel or vessels on board which the seaman undertakes to serve;
(4) the number of the crew of the vessel, if required by national law;
(5) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement;
(6) the capacity in which the seaman is to be employed;
(7) if possible, the place and date at which the seaman is required to report on board for service;
(8) the scale of provisions to be supplied to the seaman, unless some alternative system is provided for by national law;
(9) the amount of his wages;
(10) the termination of the agreement and the conditions thereof, that is to say:
(a) if the agreement has been made for a definite period, the date fixed for its expiry;
(b) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seaman shall be discharged;
(c) if the agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission; provided that such period shall not be less for the shipowner than for the seaman;
(11) the annual leave with pay granted to the seaman after one year's service with the same shipping company, if such leave is provided for by national law; (12) any other particulars which national law may require.
Article 7
If national law provides that a list of crew shall be carried on board it shall specify that the agreement shall either be recorded in or annexed to the list of crew.
Article 8
In order that the seaman may satisfy himself as to the nature and extent of his rights and obligations, national law shall lay down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment, either by posting the conditions of the agreement in a place easily accessible from the crew's quarters, or by some other appropriate means.
Article 9
1. An agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall have been given, which shall not be less than twenty-four hours.
2. Notice shall be given in writing; national law shall provide such manner of giving notice as is best calculated to preclude any subsequent dispute between the parties on this point.
3. National law shall determine the exceptional circumstances in which notice even when duly given shall not terminate the agreement.
Article 10
An agreement entered into for a voyage, for a definite period, or for an indefinite period shall be duly terminated by--
(a) mutual consent of the parties;
(b) death of the seaman;
(c) loss or total unseaworthiness of the vessel;
(d) any other cause that may be provided in national law or in this Convention.
Article 11
National law shall determine the circumstances in which the owner or master may immediately discharge a seaman.
Article 12
National law shall also determine the circumstances in which the seaman may demand his immediate discharge.
Article 13
1. If a seaman shows to the satisfaction of the shipowner or his agent that he can obtain command of a vessel or an appointment as mate or engineer or to any other post of a higher grade than he actually holds, or that any other circumstance has arisen since his engagement which renders it essential to his interests that he should be permitted to take his discharge, he may claim his discharge, provided that without increased expense to the shipowner and to the satisfaction of the shipowner or his agent he furnishes a competent and reliable man in his place.
2. In such case, the seaman shall be entitled to his wages up to the time of his leaving his employment.
Article 14
1. Whatever the reason for the termination or rescission of the agreement, an entry shall be made in the document issued to the seaman in accordance with Article 5 and in the list of crew showing that he has been discharged, and such entry shall, at the request of either party, be endorsed by the competent public authority.
2. The seaman shall at all times have the right, in addition to the record mentioned in Article 5, to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement.
Article 15
Nationa law shall provide the measures to ensure compliance with the terms of the present Convention.
Article 16
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 17
1. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been registered by the Director-General.
2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.
3. Thereafter, the Convention shall come into force for any member at the date on which its ratification has been registered with the International Labour Office.
Article 18
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of the ratifications which may be communicated subsequently by other Members of the Organisation.
Article 19
Subject to the provisions of Article 17, each Member which ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 into operation not later than 1 January 1928, and to take such action as may be necessary to make these provisions effective.
Article 20
Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35 of the Constitution of the International Labour Organisation.
Article 21
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 22
At least once in ten years, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall consider the desirability of placing on the agenda of the Conference the question of its revision or modification.
Article 23
The French and English texts of this Convention shall both be authentic.
Cross references
Constitution: 35:article 35 of the Constitution of the International Labour Organisation
C108 Seafarers'' Identity Documents Convention, 1958
Convention concerning Seafarers' National Identity Documents (Note: Date of coming into force: 19:02:1961.)
Convention:C108
Place:Geneva
Session of the Conference:41
Date of adoption:13:05:1958
Subject classification: Seafarers
See the ratifications for this Convention
Display the document in: French Spanish
Status: Up-to-date instrument
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-first Session on 29 April 1958, and
Having decided upon the adoption of certain proposals with regard to the reciprocal or international recognition of seafarers' national identity cards, which is the seventh item on the agenda of the session, and
Having decided that these proposals shall take the form of an international Convention,
adopts the thirteenth day of May of the year one thousand nine hundred and fifty-eight, the following Convention, which may be cited as the Seafarers' Identity Documents Convention, 1958:
Article 1
1. This Convention applies to every seafarer who is engaged in any capacity on board a vessel, other than a ship of war, registered in a territory for which the Convention is in force and ordinarily engaged in maritime navigation.
2. In the event of any doubt whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each country after consultation with the shipowners' and seafarers' organisations concerned.
Article 2
1. Each Member for which this Convention is in force shall issue to each of its nationals who is a seafarer on application by him a seafarer's identity document conforming with the provisions of Article 4 of this Convention: Provided that, if it is impracticable to issue such a document to special classes of its seafarers, the Member may issue instead a passport indicating that the holder is a seafarer and such passport shall have the same effect as a seafarer's identity document for the purpose of this Convention.
2. Each Member for which this Convention is in force may issue a seafarer's identity document to any other seafarer either serving on board a vessel registered in its territory or registered at an employment office within its territory who applies for such a document.
Article 3
The seafarer's identity document shall remain in the seafarer's possession at all times.
Article 4
1. The seafarer's identity document shall be designed in a simple manner, be made of durable material, and be so fashioned that any alterations are easily detectable.
2. The seafarer's identity document shall contain the name and title of the issuing authority, the date and place of issue, and a statement that the document is a seafarer's identity document for the purpose of this Convention.
3. The seafarer's identity document shall include the following particulars concerning the bearer:
(a) full name (first and last names where applicable);
(b) date and place of birth;
(c) nationality;
(d) physical characteristics;
(e) photograph; and
(f) signature or, if bearer is unable to sign, a thumbprint.
4. If a Member issues a seafarer's identity document to a foreign seafarer it shall not be necessary to include any statement as to his nationality, nor shall any such statement be conclusive proof of his nationality.
5. Any limit to the period of validity of a seafarer's identity document shall be clearly indicated therein.
6. Subject to the provisions of the preceding paragraphs the precise form and content of the seafarer's identity document shall be decided by the Member issuing it, after consultation with the shipowners' and seafarers' organisations concerned.
7. National laws or regulations may prescribe further particulars to be included in the seafarer's identity document.
Article 5
1. Any seafarer who holds a valid seafarer's identity document issued by the competent authority of a territory for which this Convention is in force shall be readmitted to that territory.
2. The seafarer shall be so readmitted during a period of at least one year after any date of expiry indicated in the said document.
Article 6
1. Each Member shall permit the entry into a territory for which this Convention is in force of a seafarer holding a valid seafarer's identity document, when entry is requested for temporary shore leave while the ship is in port.
2. If the seafarer's identity document contains space for appropriate entries, each Member shall also permit the entry into a territory for which this Convention is in force of a seafarer holding a valid seafarer's identity document when entry is requested for the purpose of--
(a) joining his ship or transferring to another ship;
(b) passing in transit to join his ship in another country or for repatriation; or
(c) any other purpose approved by the authorities of the Member concerned.
3. Any Member may, before permitting entry into its territory for one of the purposes specified in the preceding paragraph, require satisfactory evidence, including documentary evidence, from the seafarer, the owner or agent concerned, or from the appropriate consul, of a seafarer's intention and of his ability to carry out that intention. The Member may also limit the seafarer's stay to a period considered reasonable for the purpose in question.
4. Nothing in this Article shall be construed as restricting the right of a Member to prevent any particular individual from entering or remaining in its territory.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article 9
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 10
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 12
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 13
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Cross references
C179 Recruitment and Placement of Seafarers Convention, 1996
Convention concerning the Recruitment and Placement of Seafarers
(Note: Date of coming into force: 22:04:2000)
Convention:C179
Place:Geneva
Session of the Conference:84
Date of adoption:22:10:1996
Subject classification: Seafarers
See the ratifications for this Convention
Display the document in: French Spanish
Status: Up-to-date instrument This Convention was adopted after 1985 and is considered up to date.
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-Fourth Session on 8 October 1996, and
Noting the provisions of the Seamen's Articles of Agreement Convention, 1926, the Freedom of Association and Protection of the Right to Organise Convention, 1948, the Employment Service Convention and Recommendation, 1948, the Right to Organise and Collective Bargaining Convention, 1949, the Seafarers' Engagement (Foreign Vessels) Recommendation, 1958, the Discrimination (Employment and Occupation) Convention, 1958, the Employment of Seafarers (Technical Developments) Recommendation, 1970, the Minimum Age Convention, 1973, the Continuity of Employment (Seafarers) Convention and Recommendation, 1976, the Merchant Shipping (Minimum Standards) Convention, 1976, the Repatriation of Seafarers Convention (Revised), 1987, and the Labour Inspection (Seafarers) Convention, 1996, and
Recalling the entry into force of the United Nations Convention on the Law of the Sea, 1982, on 16 November 1994, and
Having decided upon the adoption of certain proposals with regard to the revision of the Placing of Seamen Convention, 1920, which is the third item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention;
adopts, this twenty-second day of October of the year one thousand nine hundred and ninety-six, the following Convention, which may be cited as the Recruitment and Placement of Seafarers Convention, 1996:
Article 1
1. For the purpose of this Convention:
(a) the term competent authority means the minister, designated official, government department or other authority having power to issue regulations, orders or other instructions having the force of law in respect of the recruitment and placement of seafarers;
(b) the term recruitment and placement service means any person, company, institution, agency or other organization, in the public or the private sector, which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers;
(c) the term shipowner means the owner of the ship or any other organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who on assuming such responsibilities has agreed to take over all the attendant duties and responsibilities;
(d) the term seafarer means any person who fulfils the conditions to be employed or engaged in any capacity on board a seagoing ship other than a government ship used for military or non-commercial purposes.
2. To the extent it deems practicable, after consultation with the representative organizations of fishing-vessel owners and fishermen or those of owners of maritime mobile offshore units and seafarers serving on such units, as the case may be, the competent authority may apply the provisions of the Convention to fishermen or to seafarers serving on maritime mobile offshore units.
Article 2
1. Nothing in the provisions of this Convention shall be deemed to:
(a) prevent a Member from maintaining a free public recruitment and placement service for seafarers in the framework of a policy to meet the needs of seafarers and shipowners, whether it forms part of or is coordinated with a public employment service for all workers and employers;
(b) impose on a Member the obligation to establish a system for the operation of private recruitment and placement services.
2. Where private recruitment and placement services have been or are to be established, they shall be operated within the territory of a Member only in conformity with a system of licensing or certification or other form of regulation. This system shall be established, maintained, modified or changed only after consultation with representative organizations of shipowners and seafarers. Undue proliferation of such private recruitment and placement services shall not be encouraged.
3. Nothing in this Convention shall affect the right of a Member to apply its laws and regulations to ships flying its flag in relation to the recruitment and placement of seafarers.
Article 3
Nothing in this Convention shall in any manner prejudice the ability of a seafarer to exercise basic human rights, including trade union rights.
Article 4
1. A Member shall, by means of national laws or applicable regulations:
(a) ensure that no fees or other charges for recruitment or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer; for this purpose, costs of the national statutory medical examination, certificates, a personal travel document and the national seafarer's book shall not be deemed to be "fees or other charges for recruitment";
(b) determine whether and under which conditions recruitment and placement services may place or recruit seafarers abroad;
(c) specify, with due regard to the right to privacy and the need to protect confidentiality, the conditions under which seafarers' personal data may be processed by recruitment and placement services including the collection, storage, combination and communication of such data to third parties;
(d) determine the conditions under which the licence, certificate or similar authorization of a recruitment and placement service may be suspended or withdrawn in case of violation of relevant laws and regulations; and
(e) specify, where a regulatory system other than a system of licensing or certification exists, the conditions under which recruitment and placement services can operate, as well as sanctions applicable in case of violation of these conditions.
2. A Member shall ensure that the competent authority:
(a) closely supervise all recruitment and placement services;
(b) grant or renew the licence, certificate, or similar authorization only after having verified that the recruitment and placement service concerned meets the requirements of national laws and regulations;
(c) require that the management and staff of recruitment and placement services for seafarers should be adequately trained persons having relevant knowledge of the maritime industry;
(d) prohibit recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment;
(e) require that recruitment and placement services adopt measures to ensure, as far as practicable, that the employer has the means to protect seafarers from being stranded in a foreign port; and
(f) ensure that a system of protection, by way of insurance or an equivalent appropriate measure, is established to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service to meet its obligations to them.
Article 5
1. All recruitment and placement services shall maintain a register of all seafarers recruited or placed through them, to be available for inspection by the competent authority.
2. All recruitment and placement services shall ensure that:
(a) any seafarer recruited or placed by them is qualified and holds the documents necessary for the job concerned;
(b) contracts of employment and articles of agreement are in accordance with applicable laws, regulations and collective agreements;
(c) seafarers are informed of their rights and duties under their contracts of employment and the articles of agreement prior to or in the process of engagement; and
(d) proper arrangements are made for seafarers to examine their contracts of employment and the articles of agreement before and after they are signed and for them to receive a copy of the contract of employment.
3. Nothing in paragraph 2 above shall be understood as diminishing the obligations and responsibilities of the shipowner or the master.
Article 6
1. The competent authority shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers.
2. All recruitment and placement services shall examine and respond to any complaint concerning their activities and shall advise the competent authority of any unresolved complaint.
3. Where complaints concerning working or living conditions on board ships are brought to the attention of the recruitment and placement services, they shall forward such complaints to the appropriate authority.
4. Nothing in this Convention shall prevent the seafarer from bringing any complaint directly to the appropriate authority.
Article 7
This Convention revises the Placing of Seamen Convention, 1920.
Article 8
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 9
1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
4. The ratification by a Member of this Convention shall, as from the date it has come into force, constitute an act of immediate denunciation of the Placing of Seamen Convention, 1920.
Article 10
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 11
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations communicated by the Members of the Organization.
2. When notifying the Members of the Organization of the registration of the second ratification, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention shall come into force.
Article 12
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles.
Article 13
At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 14
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides -
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 10 above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 15
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Conventions: C009 Placing of Seamen Convention, 1920
Conventions: C022 Seamen's Articles of Agreement Convention, 1926
Conventions: C087 Freedom of Association and Protection of the Right to Organise
Convention, 1948
Conventions: C088 Employment Service Convention, 1948
Conventions: C098 Right to Organise and Collective Bargaining Convention, 1949
Conventions: C111 Discrimination (Employment and Occupation) Convention, 1958
Conventions: C138 Minimum Age Convention, 1973
Conventions: C145 Continuity of Employment (Seafarers) Convention, 1976
Conventions: C147 Merchant Shipping (Minimum Standards) Convention, 1976
Conventions: C166 Repatriation of Seafarers Convention Revised), 1987
Conventions: C178 Labour Inspection (Seafarers) Convention, 1996
Recommendations:R083 Employment Service Convention and Recommendation, 1948
Recommendations:R107 Seafarers' Engagement (Foreign Vessels)
Recommendation, 1958
Recommendations:R139 Employment of Seafarers (Technical Developments)
Recommendation, 1970
Recommendations:R154 Continuity of Employment (Seafarers) Recommendation, 1976
R137 Vocational Training (Seafarers) Recommendation, 1970
Recommendation concerning Vocational Training of Seafarers
Recommendation:R137
Place:Geneva
Session of the Conference:55
Date of adoption=28:10:1970
Subject classification: Certificate of Competency - Training
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Having decided upon the adoption of certain proposals with regard to the vocational training of seafarers, which is the sixth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-eighth day of October of the year one thousand nine hundred and seventy, the following Recommendation, which may be cited as the Vocational Training (Seafarers) Recommendation, 1970:
I. Scope
1.
(1) This Recommendation applies to all training designed to prepare persons for work on board a publicly or privately owned seagoing ship engaged in the transport of cargo or passengers for the purpose of trade, engaged in training or engaged in scientific exploration. National laws or regulations, arbitration awards or collective agreements, as may be appropriate under national conditions, should determine when ships are to be regarded as seagoing ships.
(2) This Recommendation applies to training for the performance of the duties of persons in the deck, engine, radio or catering departments or of general purpose crews. It does not apply to fishermen.
II. Objectives of Training
2. The basic objectives of policy concerning vocational training of seafarers should be--
(a) to maintain and improve the efficiency of the shipping industry and the professional ability and potential of seafarers, with due regard to the educational needs of the latter and the economic and social interests of the country;
(b) to maintain and improve accident prevention standards on board merchant ships, both at sea and in port, in order to reduce the risk of injury;
(c) to encourage a sufficient number of suitable persons to make the merchant marine their career;
(d) to ensure that adequate induction training is given to all new recruits, ashore as far as possible, or on board ship;
(e) to provide training and retraining facilities commensurate with the current and projected manpower needs of the shipping industry for all the various categories and grades of seafarers;
(f) to provide the training facilities necessary in order that technical developments in the fields of operation, navigation and safety can be put into effect;
(g) to make training for upgrading and for promotion up to the highest ranks on board available to all seafarers with appropriate ability, and thereby to assist them to develop their efficiency, potential productivity and job satisfaction;
(h) to provide suitable practical training for the various categories and grades of seafarers;
(i) to ensure, as far as possible, the entry into employment of all trainees after completion of their courses.
III. National Planning and Administration
A.Organisation and Co-ordination
3. In planning a national education and training policy, the competent authorities in countries possessing or intending to develop a shipping industry should ensure that adequate provision is made in the general network of training facilities for the training of seafarers in order to achieve the objectives set out in Paragraph 2 of this Recommendation.
4. Where national circumstances do not permit the development of facilities for the training of seafarers of all categories and grades required, collaboration with other countries, as well as with international organisations, in setting up joint maritime training schemes for such seafarers as cannot be covered by national programmes should be considered.
5.
(1) The training programmes of all public and private institutions engaged in the training of seafarers should be co-ordinated and developed in each country on the basis of approved national standards.
(2) Such programmes should be drawn up in co-operation with government departments, educational institutions and other bodies which have an intimate knowledge of the vocational training of seafarers, and should be so designed as to meet the operational requirements of the shipping industry, as established in consultation with shipowners' and seafarers' organisations.
6. Bodies which draw up such programmes should, in particular--
(a) maintain close contacts between the training institutions and all those concerned so as to keep training in line with the needs of the industry;
(b) make regular visits to the training schools with which they are concerned and be fully conversant with the programmes being carried out;
(c) ensure that information about available training opportunities is disseminated to all those concerned;
(d) co-operate in setting up and operating practical maritime training schemes;
(e) participate in establishing the general training standards provided for in Paragraph 11;
(f) participate in establishing such national certification standards as are appropriate for the various grades and categories of seafarers;
(g) promote direct co-operation between training institutions and those responsible for recruitment and employment.
7. The competent authorities and bodies, in co-operation with shipowners' and seafarers' organisations, should ensure that full information on public and private training schemes for seafarers and on conditions of entry into the shipping industry is available to those providing vocational guidance and employment counselling services, to public employment services and to vocational and technical training institutions.
8. The competent authorities and bodies should endeavour to ensure that--
(a) the facilities of shipyards, engineering workshops, manufacturers of equipment, naval installations, etc., are utilised where available and appropriate in training both officers and ratings;
(b) arrangements are made in order that, other things being equal, preference may be given in employment placement to persons who have received appropriate and recognised training.
9.
(1) Training programmes should be regularly reviewed and kept up to date in the light of the developing needs of the industry.
(2) In the review of training programmes, account should be taken of the Document for Guidance, 1968--which was prepared jointly by the International Labour Organisation and the Inter-Governmental Maritime Consultative Organization and agreed by both organisations and which deals, in technical detail, with the subjects directly affecting the safety of life at sea-as well as of any subsequent amendments or additions thereto.
B. Financing
10.
(1) Seafarers' training schemes should be systematically organised and their financing should be on a regular and adequate basis, having regard to the present and planned requirements and development of the shipping industry.
(2) Where appropriate, the government should make financial contributions to training schemes carried on by local government or private bodies. These contributions may take the form of general subsidies, grants of land, buildings or demonstration material such as boats, engines, navigational equipment and other apparatus, the provision of instructors free of charge, payment of trainees' allowances or payment of fees for trainees in day or boarding schools or on training ships.
(3) Seafarers should not, through lack of financial resources or training opportunities, be denied the possibility of reaching the highest ranks on board. Therefore, it should be possible for seafarers to earn or receive sufficient financial resources to enable them to obtain appropriate training.
(4) Training in publicly run training centres for seafarers should, where possible, be given without charge to trainees.
(5) Retraining necessitated by the introduction of technical innovations should be provided free of charge to the seafarers concerned. During the period of such retraining, seafarers should receive adequate allowances; seafarers sent to courses of such retraining by a shipowner should receive their full basic wage.
C. Training Standards
11. Training standards should be laid down in conformity with national requirements for obtaining the various seafarers' certificates of competency. In particular, there should be laid down--
(a) the nature of medical examinations, including chest X-rays and diabetic, hearing and sight tests, required for persons entering training schemes; the standards of such examinations, particularly of the hearing and sight tests, could differ according to the departments which the persons concerned are planning to enter, but should in no case be lower than the medical standards required for entry into employment in the shipping industry;
(b) the level of general education required for admission to vocational training courses leading to certificates of competency;
(c) the subjects, such as navigation, seamanship, radio, electronics, engineering, catering and human relations, that should be included in the training curricula;
(d) the nature of any examination to be taken upon completion of training courses which are subject to examination;
(e) a procedure whereby the authorities ensure that the teaching staff of training institutions have the requisite experience and qualifications, including adequate practical and theoretical knowledge of technical and operational developments.
IV. Training Programmes
12. The various training programmes should be realistically based on the work to be performed on board ship. They should be periodically reviewed and kept up to date in order to keep abreast of technical developments. They should include the following, as appropriate:
(a) training in navigation, seamanship, ship handling, signalling, cargo handling and storage, ship maintenance, and other matters relating to the operation of merchant ships;
(b) training in the use of electronic and mechanical aids, such as radio and radar installations, radio direction-finders and compasses;
(c) theoretical and practical instruction in the use of life-saving and fire-fighting equipment, survival at sea procedures, and other aspects of the safety of life at sea;
(d) theoretical and practical instruction in the operation, maintenance and repair of main propulsion installations and auxiliary machinery, with emphasis on the types of equipment, including electronic equipment, installed in ships of the country concerned;
(e) training for the catering department as appropriate for those to be employed as stewards, cooks, waiters and galley staff, account being taken of training requirements, for different categories of ships;
(f) training in accident prevention on board ship, particularly as regards safe working practices in all departments, and including personal safety as part of training in professional subjects, training in first aid, medical care and other related matters and health and physical training, especially swimming; training in medical care and particularly special training for personnel placed in charge of medical care on board should in all cases be related to the content of medical guides compiled by competent authorities and to full utilisation of medical radio services;
(g) particularly in the case of trainees under 18 years of age, instruction in subjects of general educational value;
(h) instruction in elements of social and labour legislation related to merchant ship operations and to industrial relations, regulations concerning seafarers, transportation economics, maritime insurance, maritime law, etc.;
(i) instruction in management techniques, including such subjects as personnel relations and work study.
13. Training programmes should be designed, inter alia, to prepare trainees for certificates of competency and should be directly related, where appropriate, to national certification standards. They should include adequate practical training and take account of any minimum age and minimum working experience laid down by the competent authorities in respect of the various grades of certificates. Account should also be taken of other nationally recognised certificates.
14. The duration of the various training programmes should be sufficient to enable trainees to assimilate the teaching given and should be determined with reference to such matters as--
(a) the level of training required for the shipboard occupation for which the course is designed;
(b) the general educational level and age required of trainees entering the course;
(c) the trainees' previous practical experience.
V. General Training Schemes for Seafarers
15. Induction training designed to introduce trainees to the shipboard environment and safe working practices on board ship or, where appropriate and practicable, pre-sea training courses which provide adequate training for the duties regularly assigned to ratings of the deck, engine and catering departments, develop character and inculcate a sense of self-discipline and responsibility should be available for young persons with no sea experience.
16. Suitable courses of instruction should also be provided to enable young persons of appropriate ability to prepare themselves for statutory certificates or diplomas currently in effect in the merchant navy of their country in respect of both officer and rating categories.
17. Training for upgrading and promotion should, among other means, be provided by short-term courses at nautical schools and technical institutions and correspondence courses specially adapted to the needs of specific categories of officers and ratings and to the grades to which they aspire.
VI. Advanced Training
18.
(1) Retraining, refresher, familiarisation and upgrading courses should be available as required for suitable officers and ratings to enable them to increase and widen their technical skills and knowledge, to keep abreast of technological changes, in particular in the development of automated ships, and to meet the requirements of new methods of operations on board ship.
(2) Such courses may be used, for instance, to complement general courses and provide advanced specialised training opening the way to promotion, as well as to provide advanced electronics courses for appropriate personnel.
(3) Special attention should be given to the ability of masters, other officers and ratings to navigate and handle new types of ships safely.
19. Where training would be facilitated thereby, shipowners should release suitable seafarers employed on board their ships for training periods ashore, at appropriate schools, to enable them to improve their skills, learn to use new techniques and equipment and qualify for promotion. Persons in a supervisory position on board ship should take an active part in encouraging such training.
VII. Training Methods
20. The training methods adopted should be the most effective possible, having regard to the nature of the instruction, the trainees' experience, general education and age, and the demonstration equipment and financial resources available.
21. Practical training, requiring active participation of the trainees themselves, should be an important part of all training programmes. It may be provided by assigning seafarers to merchant ships for periods of training at sea, to engineering workshops or shipyards or to shipping company offices.
22. Training vessels used by training institutions should provide practical instruction in navigation, seamanship, machinery operation and maintenance and other nautical subjects as well as comprehensive shipboard safety education.
23. Appropriate demonstration equipment such as simulators, engines, boat models, ship equipment, life-saving equipment, navigational aids and cargo gear should be used in training schemes. Such equipment should be selected with reference to the shipboard machinery and equipment which the trainee may be called upon to use.
24. Films and other audio-visual aids should be used, where appropriate--
(a) as a supplement to, but not a substitute for, demonstration equipment in the use of which trainees take an active part;
(b) as a primary training aid in special fields such as the teaching of languages.
25. Theoretical training and general education given as part of a training course should be related to the theoretical and practical knowledge required by seafarers.
VIII. International Co-operation
26. Countries should co-operate in promoting the vocational training of seafarers. In some cases it may be of particular value to do so on a regional basis.
27. In so doing they might collaborate with the International Labour Organisation and other international institutions, in particular the Inter-Governmental Maritime Consultative Organization, or other countries--
(a) in recruiting and training teaching staff;
(b) in setting up and improving training facilities for officers and ratings;
(c) in setting up joint training facilities with other countries where necessary;
(d) in making training facilities available to selected trainees or instructor-trainees from other countries and in sending trainees or instructor-trainees to other countries;
(e) in organising international exchanges of personnel, information and teaching materials, as well as international seminars and working groups;
(f) in providing qualified and experienced instructors for maritime training schools in other countries.
IX. Effect on Earlier Recommendations
28. This Recommendation supersedes the Vocational Training (Seafarers) Recommendation, 1946.
Cross references
Recommendations:R077 Vocational Training (Seafarers) Recommendation, 1946
R186 Recruitment and Placement of Seafarers Recommendation, 1996
Recommendation concerning the Recruitment and Placement of Seafarers
Recommendation:R186
Place:Geneva
Session of the Conference:84
Date of adoption=22:10:1996
Subject classification: Seafarers
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-fourth Session on 8 October 1996, and
Having decided upon the adoption of certain proposals with regard to the revision of the Placing of Seamen Convention, 1920, which is the third item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Recruitment and Placement of Seafarers Convention, 1996;
adopts, this twenty-second day of October of the year one thousand nine hundred and ninety-six, the following Recommendation, which may be cited as the Recruitment and Placement of Seafarers Recommendation, 1996:
1. The competent authority should:
(a) take the necessary measures to promote effective cooperation among recruitment and placement services, whether public or private;
(b) take account of the needs of the maritime industry at both the national and international levels, when developing training programmes for seafarers, with the participation of shipowners, seafarers and the relevant training institutions;
(c) make suitable arrangements for the cooperation of representative organizations of shipowners and seafarers in the organization and operation of the public recruitment and placement services where they exist;
(d) maintain an arrangement for the collection and analysis of all relevant information on the maritime labour market, including:
(i) the current and prospective supply of seafarers classified by age, sex, rank and qualifications and the industry's requirements, the collection of data on age and sex being admissible only for statistical purposes or if used in the framework of a programme to prevent discrimination based on age and sex;
(ii) the availability of employment on national and foreign ships;
(iii) continuity of employment;
(iv) the placement of apprentices, cadets and other trainees; and
(v) vocational guidance to prospective seafarers;
(e) ensure that the staff responsible for the supervision of recruitment and placement services be adequately trained and have relevant knowledge of the maritime industry;
(f) prescribe or approve operational standards and encourage the adoption of codes of conduct and ethical practices for these services; and
(g) promote continued supervision on the basis of a system of quality standards.
2. The operational standards referred to in Paragraph 1(f) should include provisions dealing with:
(a) the qualifications and training required of the management and staff of recruitment and placement services, which should include knowledge of the maritime sector, particularly of relevant maritime international instruments on training, certification and labour standards;
(b) the keeping of a register of seafarers seeking employment at sea; and
(c) matters pertaining to medical examinations, vaccinations, seafarers' documents and such other items as may be required for the seafarer to gain employment.
3. In particular, the operational standards referred to in Paragraph 1(f) should provide that each recruitment and placement service:
(a) maintain, with due regard to the right to privacy and the need to protect confidentiality, full and complete records of the seafarers covered by its recruitment and placement system, which should include but not be limited to:
(i) the seafarers' qualifications;
(ii) record of employment;
(iii) personal data relevant to employment;
(iv) medical data relevant to employment;
(b) maintain up-to-date crew lists of the vessels for which it provides crew and ensure that there is a means by which it can be contacted in an emergency at all hours;
(c) have formal procedures to ensure that seafarers are not subject to exploitation by the agency or its personnel with regard to the offer of engagement on particular ships or by particular companies;
(d) have formal procedures to prevent the opportunities for exploitation of seafarers arising from the issue of joining advances or any other financial transaction between the employer and the seafarer which are handled by it;
(e) clearly publicize costs which the seafarer will bear by way of medical or documentary clearance;
(f) ensure that seafarers are advised of any particular conditions applicable to the job for which they are to be engaged and of particular employers' policies relating to their employment;
(g) have formal procedures which are in accordance with the principles of natural justice for dealing with cases of incompetence or indiscipline consistent with national laws and practice and, where applicable, with collective agreements;
(h) have formal procedures to ensure, as far as practicable, that certificates of competency and medical certificates of seafarers submitted for employment are up-to-date and have not been fraudulently obtained and that employment references are verified;
(i) have formal procedures to ensure that requests for information or advice by families of seafarers while they are at sea are dealt with promptly and sympathetically and at no cost; and
(j) as a matter of policy, supply seafarers only to employers who offer terms and conditions of employment to seafarers which comply with applicable laws or regulations or collective agreements.
4. International cooperation should be encouraged between Members and relevant organizations and may include:
(a) the systematic exchange of information on the maritime industry and labour market on a bilateral, regional and multilateral basis;
(b) the exchange of information on maritime labour legislation;
(c) the harmonization of policies, working methods and legislation governing recruitment and placement of seafarers;
(d) the improvement of procedures and conditions for the international recruitment and placement of seafarers; and
(e) workforce planning, taking account of the supply of and demand for seafarers and the requirements of the maritime industry.
Cross references
Conventions: C179 Recruitment and Placement of Seafarers Convention, 1996
Conventions: C009 Placing of Seamen Convention, 1920
05 General conditions of employment
C023 Repatriation of Seamen Convention, 1926
Convention concerning the Repatriation of Seamen
(Note: Date of coming into force: 16:04:1928.)
Convention:C023
Place:Geneva
Session of the Conference:9
Date of adoption:23:06:1926
Subject classification: Conditions of Work
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninth Session on 7 June 1926, and
Having decided upon the adoption of certain proposals with regard to the repatriation of seamen, which is included in the first item of the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-third day of June of the year one thousand nine hundred and twenty-six, the following Convention, which may be cited as the Repatriation of Seamen Convention, 1926, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
1. This Convention shall apply to all sea-going vessels registered in the country of any Member ratifying this Convention, and to the owners, masters and seamen of such vessels.
2. It shall not apply to--
(a) ships of war,
(b) Government vessels not engaged in trade,
(c) vessels engaged in the coasting trade,
(d) pleasure yachts,
(e) Indian country craft,
(f) fishing vessels,
(g) vessels of less than 100 tons gross registered tonnage or 300 cubic metres, nor to vessels engaged in the home trade below the tonnage limit prescribed by national law for the special regulation of this trade at the date of the passing of this Convention.
Article 2
For the purpose of this Convention the following expressions have the meanings hereby assigned to them, viz.:
(a) the term vessel includes any ship or boat of any nature whatsoever, whether publicly or privately owned, ordinarily engaged in maritime navigation;
(b) the term seaman includes every person employed or engaged in any capacity on board any vessel and entered on the ship's articles. It excludes masters, pilots, cadets and pupils on training ships and duly indentured apprentices, naval ratings, and other persons in the permanent service of a Government;
(c) the term master includes every person having command and charge of a vessel except pilots;
(d) the term home trade vessel means a vessel engaged in trade between a country and the ports of a neighbouring country within geographical limits determined by the national law.
Article 3
1. Any seaman who is landed during the term of his engagement or on its expiration shall be entitled to be taken back to his own country, or to the port at which he was engaged, or to the port at which the voyage commenced, as shall be determined by national law, which shall contain the provisions necessary for dealing with the matter, including provisions to determine who shall bear the charge of repatriation.
2. A seaman shall be deemed to have been duly repatriated if he has been provided with suitable employment on board a vessel proceeding to one of the destinations prescribed in accordance with the foregoing paragraph.
3. A seaman shall be deemed to have been repatriated if he is landed in the country to which he belongs, or at the port at which he was engaged, or at a neighbouring port, or at the port at which the voyage commenced.
4. The conditions under which a foreign seaman engaged in a country other than his own has the right to be repatriated shall be as provided by national law or, in the absence of such legal provisions, in the articles of agreement. The provisions of the preceding paragraphs shall, however, apply to a seaman engaged in a port of his own country.
Article 4
The expenses of repatriation shall not be a charge on the seaman if he has been left behind by reason of:
(a) injury sustained in the service of the vessel, or
(b) shipwreck, or
(c) illness not due to his own wilful act or default, or
(d) discharge for any cause for which he cannot be held responsible.
Article 5
1. The expenses of repatriation shall include the transportation charges, the accommodation and the food of the seaman during the journey. They shall also include the maintenance of the seaman up to the time fixed for his departure.
2. When a seaman is repatriated as member of a crew, he shall be entitled to remuneration for work done during the voyage.
Article 6
The public authority of the country in which the vessel is registered shall be responsible for supervising the repatriation of any member of the crew in cases where this Convention applies, whatever may be his nationality, and where necessary for giving him his expenses in advance.
Article 7
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
1. This Convention shall come into force at the date on which the ratifications of two Members of the International Labour Organisation have been registered by the Director-General.
2. It shall be binding only upon those Members whose ratifications have been registered with the International Labour Office.
3. Thereafter, the Convention shall come into force for any member at the date on which its ratification has been registered with the International Labour Office.
Article 9
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of the ratifications which may be communicated subsequently by other Members of the Organisation.
Article 10
Subject to the provisions of Article 8, each Member which ratifies this Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5 and 6 into operation not later than 1 January 1928 and to take such action as may be necessary to make these provisions effective.
Article 11
Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 35 of the Constitution of the International Labour Organisation.
Article 12
A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 13
At least once in ten years, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall consider the desirability of placing on the agenda of the Conference the question of its revision or modification.
Article 14
The French and English texts of this Convention shall both be authentic.
Cross references
Constitution: 35:article 35 of the Constitution of the International Labour Organisation
Revised: C166 The Convention was revised in 1987 by Convention No 166
C091 (Shelved) Paid Vacations (Seafarers) Convention (Revised), 1949
Convention concerning Vacation Holidays with Pay for Seafarers (Revised 1949)
(Note: Date of coming into force: 14:09:1967. The Convention was revised in 1976 by Convention No. 146. Following the coming into force of this Convention, Convention No. 91 is no longer open to ratification.)
Convention:C091
Place:Geneva
Session of the Conference:32
Date of adoption:18:06:1949
Subject classification: Conditions of Work
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals with regard to the partial revision of the Paid Vacations (Seafarers) Convention, 1946, adopted by the Conference at its Twenty-eighth Session, which is included in the twelfth item on the agenda of the session, and
Considering that these proposals must take the form of an international Convention,
adopts the eighteenth day of June of the year one thousand nine hundred and forty-nine, the following Convention, which may be cited as the Paid Vacations (Seafarers) Convention (Revised), 1949:
Article 1
1. This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned, engaged in the transport of cargo or passengers for the purpose of trade and registered in a territory for which this Convention is in force.
2. National laws or regulations shall determine when vessels are to be regarded as sea-going vessels.
3. This Convention does not apply to--
(a) wooden vessels of primitive build such as dhows and junks;
(b) vessels engaged in fishing or in operations directly connected therewith or in sealing or similar pursuits;
(c) estuarial craft.
4. National laws or regulations or collective agreements may provide for the exemption from the provisions of this Convention of vessels of less than 200 gross register tons.
Article 2
1. This Convention applies to every person who is engaged in any capacity on board a vessel except--
(a) a pilot not a member of the crew;
(b)> a doctor not a member of the crew;
(c) nursing staff engaged exclusively on nursing duties and hospital staff not members of the crew;
(d) persons working exclusively on their own account or remunerated exclusively by a share of profits or earnings;
(e) persons not remunerated for their services or remunerated only by a nominal salary or wage;
(f) persons employed on board by an employer other than the shipowner, except radio officers or operators in the service of a wireless telegraphy company;
(g) travelling dockers (longshoremen) not members of the crew;
(h) persons employed in whale-catching vessels, in floating factories, or otherwise for the purpose of whaling or similar operations under conditions regulated by the provisions of a special collective whaling or similar agreement determining the rates of pay, hours of work and other conditions of service concluded by an organisation of seafarers;
(i) persons employed in port who are not ordinarily employed at sea.
2. The competent authority may, after consultation with the organisations of shipowners and seafarers concerned, exempt from the application of the Convention masters, chief navigating officers and chief engineers who by virtue of national laws or regulations or collective agreements enjoy conditions of service which are not less favourable in respect of annual leave than those required by the Convention.
Article 3
1. Every person to whom this Convention applies shall be entitled after twelve months of continuous service to an annual vacation holiday with pay, the duration of which shall be--
(a) in the case of masters, officers and radio officers or operators, not less than eighteen working days for each year of service;
(b) in the case of other members of the crew, not less than twelve working days for each year of service.
2. A person with not less than six months of continuous service shall on leaving such service be entitled in respect of each complete month of service to one and a half working days' leave in the case of a master, officer, or radio officer or operator, and one working day's leave in the case of another member of the crew.
3. A person who is discharged through no fault of his own before he has completed six months of continuous service shall on leaving such service be entitled in respect of each complete month of service to one and a half working days' leave in the case of a master, officer, or radio officer or operator, and one working day's leave in the case of another member of the crew.
4. For the purpose of calculating when a vacation holiday is due--
(a) service off articles shall be included in the reckoning of continuous service;
(b) short interruptions of service not due to the act or fault of the employee and not exceeding a total of six weeks in any twelve months shall not be deemed to break the continuity of the periods of service which precede and follow them;
(c) continuity of service shall not be deemed to be interrupted by any change in the management or ownership of the vessel or vessels in which the person concerned has served.
5. The following shall not be included in the annual vacation holiday with pay:
(a) public and customary holidays;
(b) interruptions of service due to sickness or injury.
6. National laws or regulations or collective agreements may provide for the division into parts of an annual vacation holiday due in virtue of this Convention or for the accumulation of such a vacation holiday due in respect of one year with a subsequent vacation holiday.
7. National laws or regulations or collective agreements may, in very exceptional circumstances when the service so requires, provide for the substitution for an annual vacation holiday due in virtue of this Convention of a cash payment at least equivalent to the remuneration provided for in Article 5.
Article 4
1. When an annual vacation holiday is due it shall be given by mutual agreement at the first opportunity as the requirements of the service allow.
2. No person may be required without his consent to take the annual vacation holiday due to him at a port other than a port in the territory of engagement or a port in his home territory. Subject to this requirement, the vacation holiday shall be given at a port permitted by national laws or regulations or collective agreement.
Article 5
1. Every person taking a vacation holiday in virtue of Article 3 of this Convention shall receive in respect of the full period of the vacation holiday his usual remuneration.
2. The usual remuneration payable in virtue of the preceding paragraph, which may include a suitable subsistence allowance, shall be calculated in a manner which shall be prescribed by national laws or regulations or fixed by collective agreement.
Article 6
Subject to the provisions of paragraph 7 of Article 3 any agreement to relinquish the right to an annual vacation holiday with pay, or to forgo such a vacation holiday, shall be void.
Article 7
A person who leaves or is discharged from the service of his employer before he has taken a vacation holiday due to him shall receive in respect of every day of vacation holiday due to him in virtue of this Convention the remuneration provided for in Article 5.
Article 8
Each Member which ratifies this Convention shall ensure the effective application of its provisions.
Article 9
Nothing in this Convention shall affect any law, award, custom or agreement between shipowners and seamen which ensures more favourable conditions than those provided by this Convention.
Article 10
1. Effect may be given to this Convention by (a) laws or regulations; (b) collective agreements between shipowners and seafarers; or (c) a combination of laws or regulations and collective agreements between shipowners and seafarers. Except as may be otherwise provided herein, the provisions of this Convention shall be made applicable to every vessel registered in the territory of the ratifying Member and to every person engaged on any such vessel.
2. Where effect has been given to any provision of this Convention by a collective agreement in pursuance of paragraph 1 of this Article, then, notwithstanding anything contained in Article 8 of this Convention, the Member in whose territory the agreement is in force shall not be required to take any measures in pursuance of Article 8 in respect of the provisions of the Convention to which effect has been given by collective agreement.
3. Each Member ratifying this Convention shall supply to the Director-General of the International Labour Office information on the measures by which the Convention is applied, including particulars of any collective agreements which give effect to any of its provisions and are in force at the date when the Member ratifies the Convention.
4. Each Member ratifying this Convention undertakes to take part, by means of a tripartite delegation, in any committee representative of Governments and shipowners' and seafarers' organisations, and including in an advisory capacity representatives of the Joint Maritime Commission of the International Labour Office, which may be set up for the purpose of examining the measures taken to give effect to the Convention.
5. The Director-General will lay before the said Committee a summary of the information received by him under paragraph 3 above.
6. The Committee shall consider whether the collective agreements reported to it give full effect to the provisions of this Convention. Each Member ratifying the Convention undertakes to give consideration to any observations or suggestions concerning the application of the Convention made by the Committee and further undertakes to bring to the notice of the organisations of employers and of workers who are parties to any of the collective agreements mentioned in paragraph 1 any observations or suggestions of the aforesaid Committee concerning the degree to which such agreements give effect to the provisions of the Convention.
Article 11
For the purpose of Article 17 of the Holidays with Pay (Sea) Convention, 1936, the present Convention shall be regarded as a Convention revising that Convention.
Article 12
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 13
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force six months after the date on which there have been registered ratifications by nine of the following countries: United States of America, Argentine Republic, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, United Kingdom of Great Britain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including at least five countries each of which has at least one million gross register tons of shipping. This provision is included for the purpose of facilitating and encouraging early ratification of the Convention by Member States.
3. Thereafter, this Convention shall come into force for any Member six months after the date on which its ratification has been registered.
Article 14
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 15
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 16
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 17
At the expiration of each period of ten years after the coming into force of this Convention, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 18
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 14 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 19
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Revised: C146 The Convention was revised in 1976 by Convention No. 146
Revised: C054 This Convention revises the Holidays with Pay (Sea) Convention, 1936
Revised: C072 This Convention revises the Paid Vacations (Seafarers) Convention, 1946
Conventions: C054 Holidays with Pay (Sea) Convention, 1936
C146 Seafarers'' Annual Leave with Pay Convention, 1976
Convention concerning Annual Leave with Pay for Seafarers
(Note: Date of coming into force: 13:06:1979.)
Convention:C146
Place:Geneva
Session of the Conference:62
Date of adoption:29:10:1976
Subject classification: Conditions of Work
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its Sixty-second Session on 13 October 1976, and
Having decided upon the adoption of certain proposals with regard to revision of the Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91), in the light of, but not necessarily restricted to, the Holidays with Pay Convention (Revised), 1970 (No. 132), which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-ninth day of October of the year one thousand nine hundred and seventy-six, the following Convention, which may be cited as the Seafarers' Annual Leave with Pay Convention, 1976:
Article 1
The provisions of this Convention, in so far as they are not otherwise made effective by means of collective agreements, arbitration awards, court decisions, statutory wage-fixing machinery, or in such other manner consistent with national practice as may be appropriate under national conditions, shall be given effect by national laws or regulations.
Article 2
1. This Convention applies to all persons who are employed as seafarers.
2. For the purpose of this Convention, the term seafarer means a person who is employed in any capacity on board a sea-going ship registered in a territory for which the Convention is in force, other than--
(a) a ship of war;
(b) a ship engaged in fishing or in operations directly connected therewith or in whaling or similar pursuits.
3. National laws or regulations shall determine, after consultation with the organisations of shipowners and seafarers concerned, where such exist, which ships are to be regarded as sea-going ships for the purpose of this Convention.
4. Each Member which ratifies this Convention may, after consultation with the organisations of employers and workers concerned, where such exist, extend its application, with the modifications rendered necessary by the conditions of the industry, to the persons excluded from the definition of seafarers by paragraph 2, subparagraph (b), of this Article, or to certain categories thereof.
5. Each Member which extends the application of this Convention in pursuance of paragraph 4 of this Article at the time of ratifying it shall specify in a declaration appended to its ratification the categories to which the application is extended and the modifications, if any, rendered necessary.
6. Each Member which has ratified this Convention may further subsequently notify the Director-General of the International Labour Office, by a declaration, that it extends the application of the Convention to categories beyond those, if any, specified at the time of ratification.
7. In so far as necessary, measures may be taken by the competent authority or through the appropriate machinery in a country, after consultation with the organisations of shipowners and seafarers concerned, where such exist, to exclude from the application of this Convention limited categories of persons employed on board sea-going ships.
8. Each Member which ratifies this Convention shall list, in the first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organisation, any categories which may have been excluded in pursuance of paragraphs 3 and 7 of this Article, giving the reasons for such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories.
Article 3
1. Every seafarer to whom this Convention applies shall be entitled to annual leave with pay of a specified minimum length.
2. Each Member which ratifies this Convention shall specify the length of the annual leave in a declaration appended to its ratification.
3. The leave shall in no case be less than 30 calendar days for one year of service.
4. Each Member which has ratified this Convention may subsequently notify the Director-General of the International Labour Office, by a further declaration, that it specifies annual leave longer than that specified at the time of ratification.
Article 4
1. A seafarer whose length of service in any year is less than that required for the full entitlement prescribed in the preceding Article shall be entitled in respect of that year to annual leave with pay proportionate to his length of service during that year.
2. The expression year in this Convention shall mean the calendar year or any other period of the same length.
Article 5
1. The manner in which the length of service is calculated for the purpose of leave entitlement shall be determined by the competent authority or through the appropriate machinery in each country.
2. Under conditions to be determined by the competent authority or through the appropriate machinery in each country, service off articles shall be counted as part of the period of service.
3. Under conditions to be determined by the competent authority or through the appropriate machinery in each country, absence from work to attend an approved maritime vocational training course or for such reasons beyond the control of the seafarer concerned as illness, injury or maternity shall be counted as part of the period of service.
Article 6
The following shall not be counted as part of the minimum annual leave with pay prescribed in Article 3, paragraph 3, of this Convention:
(a) public and customary holidays recognised as such in the country of the flag, whether or not they fall during the annual leave with pay;
(b) periods of incapacity for work resulting from illness, injury or maternity, under conditions to be determined by the competent authority or through the appropriate machinery in each country;
(c) temporary shore leave granted to a seafarer while on articles;
(d) compensatory leave of any kind, under conditions to be determined by the competent authority or through the appropriate machinery in each country.
Article 7
1. Every seafarer taking the annual leave envisaged in this Convention shall receive in respect of the full period of that leave at least his normal remuneration (including the cash equivalent of any part of that remuneration which is paid in kind), calculated in a manner to be determined by the competent authority or through the appropriate machinery in each country.
2. The amounts due in pursuance of paragraph 1 of this Article shall be paid to the seafarer concerned in advance of the leave, unless otherwise provided by national laws or regulations or in an agreement applicable to him and the employer.
3. A seafarer who leaves or is discharged from the service of his employer before he has taken annual leave due to him shall receive in respect of such leave due to him the remuneration provided for in paragraph 1 of this Article.
Article 8
1. The division of the annual leave with pay into parts, or the accumulation of such annual leave due in respect of one year together with a subsequent period of leave, may be authorised by the competent authority or through the appropriate machinery in each country.
2. Subject to paragraph 1 of this Article and unless otherwise provided in an agreement applicable to the employer and the seafarer concerned, the annual leave with pay prescribed by this Convention shall consist of an uninterrupted period.
Article 9
n exceptional cases, provision may be made by the competent authority or through the appropriate machinery in each country for the substitution for annual leave due in virtue of this Convention of a cash payment at least equivalent to the remuneration provided for in Article 7.
Article 10
1. The time at which the leave is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation and, as far as possible, in agreement with the seafarer concerned or his representatives.
2. No seafarer shall be required without his consent to take annual leave due to him at a place other than that where he was engaged or recruited, whichever is nearer his home, except under the provisions of a collective agreement or of national laws or regulations.
3. If a seafarer is required to take his annual leave from a place other than that permitted by paragraph 2 of this Article, he shall be entitled to free transportation to the place where he was engaged or recruited, whichever is nearer his home, and subsistence and other costs directly involved in his return there shall be for the account of the employer; the travel time involved shall not be deducted from the annual leave with pay due to the seafarer.
Article 11
Any agreement to relinquish the right to the minimum annual leave with pay prescribed in Article 3, paragraph 3, or--except as provided, exceptionally, in pursuance of Article 9 of this Convention--to forgo such leave, shall be null and void.
Article 12
A seafarer taking annual leave shall be recalled only in cases of extreme emergency, with due notice.
Article 13
Effective measures appropriate to the manner in which effect is given to the provisions of this Convention shall be taken to ensure the proper application and enforcement of regulations or provisions concerning annual leave with pay, by means of adequate inspection or otherwise.
Article 14
This Convention revises the Paid Vacations (Seafarers) Convention (Revised), 1949.
Article 15
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 16
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article 17
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 18
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 19
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 20
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 21
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 17 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 22
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Revised: C091 This Convention revises the Paid Conventions (Seafarers) Convention (Revised), 1949
Constitution: 22:article 22 of the Constitution of the International Labour Organisation
C166 Repatriation of Seafarers Convention (Revised), 1987
Convention concerning the Repatriation of Seafarers (Revised)
(Note: Date of coming into force: 03:07:1991.)
Convention:C166
Place:Geneva
Session of the Conference:74
Date of adoption:09:10:1987
Subject classification: Conditions of Work
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened in Geneva by the Governing Body of the International Labour Office and having met at its Seventy-fourth Session on 24 September 1987, and
Noting that since the adoption of the Repatriation of Seamen Convention, 1926, and of the Repatriation (Ship Masters and Apprentices) Recommendation, 1926, developments in the shipping industry have made it necessary to revise the Convention to incorporate appropriate elements of the Recommendation, and
Noting further that considerable progress has been made through national legislation and practice in providing for the repatriation of seafarers in various matters not covered by the Repatriation of Seamen Convention, 1926, and
Considering that further action by means of a new international instrument as regards certain additional aspects of the repatriation of seafarers would accordingly be desirable taking into account the widespread growth in employment of non-national seafarers in the shipping industry, and
Having decided upon the adoption of certain proposals with regard to the Revision of the Repatriation of Seamen Convention, 1926 (No. 23), and of the Repatriation (Ship Masters and Apprentices) Recommendation, 1926 (No. 27), which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the ninth day of October of the year one thousand nine hundred and eighty-seven, the following Convention which may be cited as the Repatriation of Seafarers Convention (Revised), 1987.
Part I. Scope and Definitions
Article 1
1. This Convention applies to every seagoing ship whether publicly or privately owned which is registered in the territory of any Member for which the Convention is in force and which is ordinarily engaged in commercial maritime navigation and to the owners and seafarers of such ships.
2. To the extent it deems practicable, after consultation with the representative organisations of fishing vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing.
3. In the event of doubt as to whether or not any ships are to be regarded as engaged in commercial maritime navigation or commercial maritime fishing for the purpose of this Convention, the question shall be determined by the competent authority after consultation with the organisations of shipowners, seafarers and fishermen concerned.
4. For the purpose of this Convention the term seafarer means any person who is employed in any capacity on board a seagoing ship to which this Convention applies.
Part II. Entitlements
Article 2
1. A seafarer shall be entitled to repatriation in the following circumstances:
(a) if an engagement for a specific period or for a specific voyage expires abroad;
(b) upon the expiry of the period of notice given in accordance with the provisions of the articles of agreement or the seafarer's contract of employment;
(c) in the event of illness or injury or other medical condition which requires his or her repatriation when found medically fit to travel;
(d) in the event of shipwreck;
(e) in the event of the shipowner not being able to continue to fulfil his or her legal or contractual obligations as an employer of the seafarer by reason of bankruptcy, sale of ship, change of ship's registration or any other similar reason;
(f) in the event of a ship being bound for a war zone, as defined by national laws or regulations or collective agreements, to which the seafarer does not consent to go;
(g) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason.
2. National laws or regulations or collective agreements shall prescribe the maximum duration of service periods on board following which a seafarer is entitled to repatriation; such periods shall be less than 12 months. In determining the maximum periods, account shall be taken of factors affecting the seafarers' working environment. Each Member shall seek, wherever possible, to reduce these periods in the light of technological changes and developments and may be guided by any recommendations made on the matter by the Joint Maritime Commission.
Part III. Destination
Article 3
1. Each Member for which this Convention is in force shall prescribe by national laws or regulations the destinations to which seafarers may be repatriated.
2. The destinations so prescribed shall include the place at which the seafarer agreed to enter into the engagement, the place stipulated by collective agreement, the seafarer's country of residence or such other place as may be mutually agreed at the time of engagement. The seafarer shall have the right to choose from among the prescribed destinations the place to which he or she is to be repatriated.
Part IV. Arrangements for Repatriation
Article 4
1. It shall be the responsibility of the shipowner to arrange for repatriation by appropriate and expeditious means. The normal mode of transport shall be by air.
2. The cost of repatriation shall be borne by the shipowner.
3. Where repatriation has taken place as a result of a seafarer being found, in accordance with national laws or regulations or collective agreements, to be in serious default of his or her employment obligations, nothing in this Convention shall prejudice the right of recovery from the seafarer of repatriation costs or part thereof in accordance with national laws or regulations or collective agreements.
4. The cost to be borne by the shipowner shall include:
(a) passage to the destination selected for repatriation in accordance with Article 3 above;
(b) accommodation and food from the moment the seafarer leaves the ship until he or she reaches the repatriation destination;
(c) pay and allowances from the moment he or she leaves the ship until he or she reaches the repatriation destination, if provided for by national laws or regulations or collective agreements;
(d) transportation of 30 kg of the seafarer's personal luggage to the repatriation destination;
(e) medical treatment when necessary until the seafarer is medically fit to travel to the repatriation destination.
5. The shipowner shall not require the seafarer to make an advance payment towards the cost of repatriation at the beginning of his or her employment, nor shall the shipowner recover the cost of repatriation from the seafarer's wages or other entitlements except as provided for in paragraph 3 above.
6. National laws or regulations shall not prejudice any right of the shipowner to recover the cost of repatriation of seafarers not employed by the shipowner from their employer.
Article 5
If a shipowner fails to make arrangements for or to meet the cost of repatriation of a seafarer who is entitled to be repatriated-
(a) the competent authority of the Member in whose territory the ship is registered shall arrange for and meet the cost of the repatriation of the seafarer concerned; if it fails to do so, the State from which the seafarer is to be repatriated or the State of which he or she is a national may arrange for his or her repatriation and recover the cost from the Member in whose territory the ship is registered;
(b) costs incurred in repatriating the seafarer shall be recoverable from the shipowner by the Member in whose territory the ship is registered;
(c) the expenses of repatriation shall in no case be a charge upon the seafarer, except as provided for in paragraph 3 of Article 4 above.
Part V. Other Arrangements
Article 6
Seafarers who are to be repatriated shall be able to obtain their passport and other identity documents for the purpose of repatriation.
Article 7
Time spent awaiting repatriation and repatriation travel time shall not be deducted from paid leave accrued to the seafarer.
Article 8
A seafarer shall be deemed to have been duly repatriated when he or she is landed at a destination prescribed pursuant to Article 3 above, or when the seafarer does not claim his or her entitlement to repatriation within a reasonable period of time to be defined by national laws or regulations or collective agreements.
Article 9
The provisions of this Convention in so far as they are not otherwise made effective by means of collective agreements or in such other manner as may be appropriate under national conditions shall be given effect by national laws or regulations.
Article 10
Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board.
Article 11
The competent authority of each Member shall ensure by means of adequate supervision that the owners of ships registered in its territory comply with the provisions of the Convention, and shall provide relevant information to the International Labour Office.
Article 12
The text of this Convention shall be available in an appropriate language to the crew members of every ship which is registered in the territory of any Member for which it is in force.
PART VI. PROVISIONS
Article 13
This Convention revises the Repatriation of Seamen Convention, 1926.
Article 14
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 15
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General of the International Labour Office.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General of the International Labour Office.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 16
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 17
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General of the International Labour Office shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 18
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 19
At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 20
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides-
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 16 above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 21 The English and French versions of the text of this Convention are equally authoritative.
Cross references
Revised: C023 This Convention revises the Repatriation of Seamen Convention, 1926
Recommendations:R027 Repatriation (Ship Masters and Apprentices) Recommendation, 1926
Conventions: C023 Repatriation of Seamen Convention, 1926
C180 Seafarers'' Hours of Work and the Manning of Ships Convention, 1996
Convention concerning Seafarers' Hours of Work and the Manning of Ships
(Note: Date of coming into force: 08:08:2002)
Convention:C180
Place:Geneva
Session of the Conference:84
Date of adoption:22:10:1996
Subject classification: Seafarers
See the ratifications for this Convention
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-fourth Session on 8 October 1996, and,
Noting the provisions of the Merchant Shipping (Minimum Standards) Convention, 1976 and the Protocol of 1996 thereto; and the Labour Inspection (Seafarers) Convention, 1996, and
Recalling the relevant provisions of the following instruments of the International Maritime Organization: International Convention for the Safety of Life at Sea, 1974, as amended, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended in 1995, Assembly resolution A 481 (XII) (1981) on Principles of Safe Manning, Assembly resolution A 741 (18) (1993) on the International Code for the Safe Operation of Ships and for Pollution Prevention (International Safety Management (ISM) Code), and Assembly resolution A 772 (18) (1993) on Fatigue Factors in Manning and Safety, and
Recalling the entry into force of the United Nations Convention on the Law of the Sea, 1982, on 16 November 1994, and
Having decided upon the adoption of certain proposals with regard to the revision of the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958, and the Wages, Hours of Work and Manning (Sea) Recommendation, 1958, which is the second item of the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention;
adopts, this twenty-second day of October of the year one thousand nine hundred and ninety-six, the following Convention, which may be cited as the Seafarers' Hours of Work and the Manning of Ships Convention, 1996:
PART I. SCOPE AND DEFINITIONS
Article 1
1. This Convention applies to every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member for which the Convention is in force and is ordinarily engaged in commercial maritime operations. For the purpose of this Convention, a ship that is on the register of two Members is deemed to be registered in the territory of the Member whose flag it flies.
2. To the extent it deems practicable, after consulting the representative organizations of fishing-vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing.
3. In the event of doubt as to whether or not any ships are to be regarded as seagoing ships or engaged in commercial maritime operations or commercial maritime fishing for the purpose of the Convention, the question shall be determined by the competent authority after consulting the organizations of shipowners, seafarers and fishermen concerned.
4. This Convention does not apply to wooden vessels of traditional build such as dhows and junks.
Article 2
For the purpose of this Convention:
(a) the term competent authority means the minister, government department or other authority having power to issue regulations, orders or other instructions having the force of law in respect of seafarers' hours of work or rest or the manning of ships;
(b) the term hours of work means time during which a seafarer is required to do work on account of the ship;
(c) the term hours of rest means time outside hours of work; this term does not include short breaks;
(d) the term seafarer means any person defined as such by national laws or regulations or collective agreements who is employed or engaged in any capacity on board a seagoing ship to which this Convention applies;
(e) the term shipowner means the owner of the ship or any other organization or person, such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties and responsibilities.
PART II. SEAFARERS' HOURS OF WORK AND HOURS OF REST
Article 3
Within the limits set out in Article 5, there shall be fixed either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time.
Article 4
A Member which ratifies this Convention acknowledges that the normal working hours' standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. However, this shall not prevent the Member from having procedures to authorize or register a collective agreement which determines seafarers' normal working hours on a basis no less favourable than this standard.
Article 5
1. The limits on hours of work or rest shall be as follows:
(a) maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period;
or
(b) minimum hours of rest shall not be less than:
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.
2. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.
3. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.
4. In respect of situations when a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.
5. If no collective agreement or arbitration award exists or if the competent authority determines that the provisions in the agreement or award in respect of paragraph 3 or 4 are inadequate, the competent authority shall determine such provisions to ensure the seafarers concerned have sufficient rest.
6. Nothing in paragraphs 1 and 2 shall prevent the Member from having national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages.
7. The Member shall require the posting, in an easily accessible place, of a table with the shipboard working arrangements, which shall contain for every position at least:
(a) the schedule of service at sea and service in port; and
(b) the maximum hours of work or the minimum hours of rest required by the laws, regulations or collective agreements in force in the flag State.
8. The table referred to in paragraph 7 shall be established in a standardized format in the working language or languages of the ship and in English.
Article 6
No seafearer under 18 years of age shall work at night. For the purpose of this Article, night means a period of at least nine consecutive hours, including the interval from midnight to five a.m. This provision need not be applied when the effective training of young seafarers between the ages of 16 and 18 in accordance with established programmes and schedules would be impaired.
Article 7
1. Nothing in this Convention shall be deemed to impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea.
2. In accordance with paragraph 1, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored.
3. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.
Article 8
1. The Member shall require that records of seafarers' daily hours of work or of their daily hours of rest be maintained to allow monitoring of compliance with the provisions set out in Article 5. The seafarer shall receive a copy of the records pertaining to him or her which shall be endorsed by the master, or a person authorized by the master, and by the seafarer.
2. The competent authority shall determine the procedures for keeping such records on board, including the intervals at which the information shall be recorded. The competent authority shall establish the format of the records of the seafarers' hours of work or of their hours of rest taking into account any available International Labour Organization guidelines or shall use any standard format prepared by the Organization. The format shall be established in the language or languages provided by Article 5, paragraph 8.
3. A copy of the relevant provisions of the national legislation pertaining to this Convention and the relevant collective agreements shall be kept on board and be easily accessible to the crew.
Article 9
The competent authority shall examine and endorse the records referred to in Article 8, at appropriate intervals, to monitor compliance with the provisions governing hours of work or hours of rest that give effect to this Convention.
Article 10
If the records or other evidence indicate infringement of provisions governing hours of work or hours of rest, the competent authority shall require that measures, including if necessary the revision of the manning of the ship, are taken so as to avoid future infringements.
PART III. MANNING OF SHIPS
Article 11
1. Every ship to which this Convention applies shall be sufficiently, safely and efficiently manned, in accordance with the minimum safe manning document or an equivalent issued by the competent authority.
2. When determining, approving or revising manning levels, the competent authority shall take into account:
(a) the need to avoid or minimize, as far as practicable, excessive hours of work, to ensure sufficient rest and to limit fatigue; and
(b) the international instruments identified in the Preamble.
Article 12
No person under 16 years of age shall work on a ship.
PART IV. RESPONSIBILITIES OF SHIPOWNERS AND MASTERS
Article 13
The shipowner shall ensure that the master is provided with the necessary resources for the purpose of compliance with obligations under this Convention, including those relating to the appropriate manning of the ship. The master shall take all necessary steps to ensure that the requirements on seafarers' hours of work and rest arising from this Convention are complied with.
PART V. APPLICATION
Article 14
A Member which ratifies this Convention shall be responsible for the application of its provisions by means of laws or regulations, except where effect is given by collective agreements, arbitration awards or court decisions.
Article 15
The Member shall:
(a) take all necessary measures, including the provision of appropriate sanctions and corrective measures, to ensure the effective enforcement of the provisions of this Convention;
(b) have appropriate inspection services to supervise the application of the measures taken in pursuance of this Convention and provide them with the necessary resources for this purpose; and
(c) after consulting shipowners' and seafarers' organizations, have procedures to investigate complaints relating to any matter contained in this Convention.
PART VI. PROVISIONS
Article 16
This Convention revises the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958; the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949; the Wages, Hours of Work and Manning (Sea) Convention, 1946; and the Hours of Work and Manning (Sea) Convention, 1936. As from the date this Convention has come into force, the above-listed Conventions shall cease to be open to ratification.
Article 17
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 18
1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General of the International Labour Office.
2. This Convention shall come into force six months after the date on which the ratifications of five Members, three of which each have at least one million gross tonnage of shipping, have been registered with the Director-General of the International Labour Office.
3. Thereafter, this Convention shall come into force for any Member six months after the date on which its ratification has been registered.
Article 19
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 20
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations communicated by the Members of the Organization.
2. When the conditions provided for in Article 18, paragraph 2, above have been fulfilled, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention shall come into force.
Article 21
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for registration in accordance with Article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered by the Director-General in accordance with the provisions of the preceding Articles.
Article 22
At such times as it may consider necessary, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 23
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides -
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 19 above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force, this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 24
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Conventions: C109 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958
Conventions: P147 Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976
Conventions: C147 Merchant Shipping (Minimum Standards) Convention, 1976
Conventions: C178 Labour Inspection (Seafarers) Convention, 1996
Conventions: C076 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949
Conventions: C093 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958
Recommendations:R109 Wages, Hours of Work and Manning (Sea) Recommendation, 1958
R027 Repatriation (Ship Masters and Apprentices) Recommendation, 1926
Recommendation concerning the Repatriation of Masters and Apprentices
Recommendation:R027
Place:Geneva
Session of the Conference:9
Date of adoption=23:06:1926
Subject classification: Conditions of Work
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninth Session on 7 June 1926, and
Having decided upon the adoption of certain proposals with regard to the repatriation of masters and apprentices, which is included in the first item of the agenda of the Session, and
Having determined that these proposals should take the form of a Recommendation,
adopts this twenty-third day of June of the year one thousand nine hundred twenty-six, the following Recommendation, which may be cited as the Repatriation (Ship Masters and Apprentices) Recommendation, 1926, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise in accordance with the provisions of the Constitution of the International Labour Organisation:
The Conference recommends that the national Governments shall take steps to provide for the repatriation of masters and duly indentured apprentices, who are not covered by the terms of the Convention on the repatriation of seamen adopted by the General Conference at its Ninth Session.
Cross references
Conventions: C023 Repatriation of Seamen Convention, 1926
R153 Protection of Young Seafarers Recommendation, 1976
Recommendation concerning the Protection of Young Seafarers
Recommendation:R153
Place:Geneva
Session of the Conference:62
Date of adoption=28:10:1976
Subject classification: Conditions of Work
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Sixty-second Session on 13 October 1976, and
Having decided upon the adoption of certain proposals with regard to the protection of young seafarers, which is the third item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-eighth day of October of the year one thousand nine hundred and seventy-six, the following Recommendation, which may be cited as the Protection of Young Seafarers Recommendation, 1976:
I.Methods of Implementation
1. Effect may be given to this Recommendation through national laws or regulations, collective agreements, works rules, arbitration awards or court decisions, or in such other manner as may be appropriate under national conditions.
II. Definition and Scope
2.
(1) For the purpose of this Recommendation, the term young seafarer includes all young persons under 18 years of age employed in any capacity on board a sea-going ship other than--
(a) a ship of war; and
(b) a ship engaged in fishing or in operations directly connected therewith or in whaling or similar pursuits.
(2) National laws or regulations should determine, after consultation with the organisations of employers and workers concerned, when ships are to be regarded as sea-going ships for the purpose of this Recommendation.
(3) This Recommendation does not apply to young persons in school or training vessels or pursuing an educational programme carried out in accordance with conditions approved by the competent authority after consultation with the organisations of employers and workers concerned.
III. Objectives
3. In each country in which ships in which young seafarers are employed are registered, provision should be made for--
(a) the effective protection of such seafarers, including the safeguarding of their health, morals and safety, and the promotion of their general welfare;
(b) vocational guidance, education and vocational training of such seafarers, in their interest as well as that of the efficiency of shipboard operations, in the interest of safety of life and of property at sea and in that of the creation of opportunities for the advancement of young seafarers within the sea-going profession.
IV. Hours of Permitted Duty and Rest Periods
4.
(1) At sea and in port the provisions set out in the following clauses should apply:
(a) the normal working hours of young seafarers should not exceed eight hours per day and forty hours per week and the consistent working of overtime should be avoided whenever possible;
(b) while sufficient time should be allowed for all meals, young seafarers should be assured of a break of at least one hour for the main meal of the day;
(c) no young seafarer should work at night; for the purpose of this clause night means a period of at least nine consecutive hours between times before and after midnight to be prescribed by national laws or regulations or by collective agreements;
(d) young seafarers should be allowed a 15-minute rest period as soon as possible following each two hours of continuous work.
(2) Exceptionally, the provisions of subparagraph (1) of this Paragraph need not be applied--
(a) if they are impracticable for young seafarers in the deck, engine room and catering departments assigned to watchkeeping duties or working on a rostered shift-work system;
(b) if the effective training of young seafarers in accordance with established programmes and schedules would be impaired; or
(c) in cases of operational necessity. Such exceptions should be recorded, with reasons, and signed by the captain.
5. The provisions of Paragraph 4 of this Recommendation do not exempt young seafarers from their general obligation to work under the master's direction during any emergency involving--
(a) the safety of the crew, the passengers, the vessel or its cargo;
(b) the safety of other vessels or of lives and cargoes on board such vessels.
V. Repatriation
6.
(1) If, after a young seafarer has served in a vessel for at least four months during his first foreign-going voyage, it becomes apparent that he is unsuited to life at sea, he should be given the opportunity of being repatriated at no expense to himself from the first suitable port of call in which there are consular services of the country either of the flag of the ship or of the nationality of the young seafarer. Notification of any such repatriation, with the reasons therefor, should be given to the authority which issued the papers enabling the young seafarer to take up sea-going employment.
(2) After six months' service without leave in a foreign-going vessel which has not returned to the young seafarer's country of residence in that time, and will not so return in the subsequent three months of the voyage, a young seafarer should be entitled to be repatriated at no expense to himself to the place of original engagement in his country of residence for the purpose of taking any leave earned during the voyage.
VI. Safety in Work and Health Education
7. Regulations concerning safety and health of young seafarers should be adopted.
8. These regulations should refer to any general provisions on medical examinations before and during employment and on the prevention of accidents and the protection of health in employment, which may be applicable to the work of seafarers; they should specify measures which will minimise occupational dangers to young seafarers in the course of their duties.
9.
(1) Except where a young seafarer is recognised as fully qualified in a pertinent skill by a competent authority, the regulations should specify restrictions on young seafarers undertaking, without appropriate supervision and instruction, certain types of work presenting special risk of accident or of detrimental effect on their health or physical development, or requiring a particular degree of maturity, experience or skill.
(2) In determining the types of work to be restricted by the regulations, the competent authority might consider in particular work involving--
(a) the lifting, moving or carrying of heavy loads or objects;
(b) entry into boilers, tanks and cofferdams;
(c) exposure to harmful noise and vibration levels;
(d) operating hoisting and other power machinery and tools, or acting as signallers to operators of such equipment;
(e) handling mooring or tow lines or ground tackle;
(f) rigging;
(g) work aloft or on deck in heavy weather;
(h) night-watchman duties;
(i) servicing of electrical equipment;
(j) exposure to potentially harmful materials or harmful physical agents such as dangerous or toxic substances, and ionising radiations;
(k) the cleaning of catering machinery;
(l) the handling or taking charge of ships' boats.
10. Practical measures should be taken by the competent authority or through the appropriate machinery to bring to the attention of young seafarers information concerning the prevention of accidents and the protection of their health in work on board ship, for instance by means of adequate instruction at sea training schools, by official accident-prevention publicity intended for young persons, in the forms indicated in Paragraph 8, subparagraph (2), of the Prevention of Accidents (Seafarers) Recommendation, 1970, and by ensuring the professional instruction and supervision of young seafarers in their work in ships.
11. Education and training of young seafarers both ashore and on board ship should include instruction appropriate to their needs in the matters referred to in Paragraph 12, clause (f), of the Vocational Training (Seafarers) Recommendation, 1970, and in Regulation 237 of the ILO Model Code of Safety Regulations for Industrial Establishments for the Guidance of Governments and Industry, as amended, as well as guidance on the detrimental effects on their health and well-being of the abuse of drugs and other potentially harmful substances, and of other harmful activities.
VII. Opportunities for Vocational Guidance, Education and Vocational Training
12. The competent authority should, in the light of national conditions, give consideration to the application of the various policies and objectives outlined in Paragraphs 13 to 20 below.
13. Young persons should be provided with information concerning training and career opportunities and the conditions of entry into the shipping industry, in accordance with Paragraph 7 of the Vocational Training (Seafarers) Recommendation, 1970, as well as regarding shipboard employment and conditions of work, general aspects of collective agreements and seafarers' rights and obligations under maritime labour legislation.
14. Measures should be taken to give young seafarers education, vocational guidance and vocational training in conformity with the objectives specified in Paragraph 2 of the Vocational Training (Seafarers) Recommendation, 1970.
15.
(1) Initial and further training for occupations in the shipping industry should be broad and comprehensive and should be combined, as appropriate, with further general education.
(2) Such training should combine theoretical instruction with a systematic programme of practical experience designed to prepare for a career within the shipping industry.
(3) Training standards for the sea-going profession should, whenever possible, be co-ordinated with those applying to occupations ashore so that trainees may acquire nationally recognised qualifications acceptable in both the shipping industry and in other branches of economic activity.
16. Young seafarers should be assisted in receiving education and training for shipboard employment, and subsequently in continuing their general and vocational education, through the various means of financial support specified in Paragraph 10, subparagraphs (1) to (5), of the Vocational Training (Seafarers) Recommendation, 1970.
17. The general education and vocational training specified in Paragraph 12, clause (g), and Paragraph 15 respectively of the Vocational Training (Seafarers) Recommendation, 1970, should be available for all young persons who have no experience of a sea-going ship.
18. Young seafarers should be provided with opportunities for continuing their vocational education and training while on board ship as a means of enabling them to acquire the knowledge and experience essential for the efficient performance of their duties, to qualify for promotion and to pursue their general and technical education. In this regard, ships' masters and officers should encourage and assist young seafarers in applying and fully developing the skills and knowledge gained in induction training, in obtaining appropriate practical experience on board and in pursuing self-study courses at sea.
19. In addition to the training methods referred to in Paragraphs 20 to 25 of the Vocational Training (Seafarers) Recommendation, 1970, young seafarers should have opportunities of--
(a) continuing their training on board ship by such means as shipboard training, correspondence courses and the provision of programmed instruction and other self-study material in general and nautical subjects designed for the needs of young seafarers in qualifying for promotion;
(b) pursuing, on board ship, studies to recognised standards in other fields.
20. Where practicable and possible, training facilities provided for young seafarers on board ship should include accommodation suitable for study purposes, a ship's library, and appropriate training equipment for self-study; young seafarers on board ship should receive special help in their studies, if possible by itinerant instructors embarking periodically.
Cross references
Recommendations:R142 Prevention of Accidents (Seafarers) Recommendation, 1970
Recommendations:R137 Vocational Training (Seafarers) Recommendation, 1970
R174 Repatriation of Seafarers Recommandation,1987
RECOMMENDATION CONCERNING THE REPATRIATION OF SEAFARERS
Recommendation:R174
Place:Geneva
Session of the Conference:74
Date of adoption=09:10:1987
Subject classification: Conditions of Work
The General Conference of the International Labour Organisation,
Having been convened in Geneva by the Governing Body of the International Labour Office and having met at its Seventy-fourth Session on 24 September 1987, and
Having decided upon the adoption of certain proposals with regard to the revision of the Repatriation of Seamen Convention, 1926 (No. 23), and of the Repatriation (Ship Masters and Apprentices) Recommendation, 1926 (No. 27), which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Recommendation supplementing the Repatriation of Seafarers Convention (Revised), 1987,
adopts this ninth day of October of the year one thousand nine hundred eighty-seven, the following Recommendation which may be cited as the Repatriation of Seafarers Recommendation, 1987:
Whenever a seafarer is entitled to be repatriated pursuant to the provisions of the Repatriation of Seafarers Convention (Revised), 1987, but both the shipowner and the Member in whose territory the ship is registered fail to meet their obligations under the Convention to arrange for and meet the cost of repatriation, the State from which the seafarer is to be repatriated or the State of which he or she is a national should arrange for his or her repatriation, and recover the cost from the Member in whose territory the ship is registered in accordance with Article 5 (a) of the Convention.
Cross references
Conventions: C023 Repatriation of Seamen Convention, 1926
Recommendations:R027 Repatriation (Ship Masters and Apprentices) Recommendation, 1926
Conventions: C166 Repatriation of Seafarers Convention Revised), 1987
R187 Seafarers'' Wages, Hours of Work and the Manning of Ships Recommendation, 1996
Recommendation concerning Seafarers' Wages and Hours of Work and the Manning of Ships
Recommendation:R187
Place:Geneva
Session of the Conference:84
Date of adoption=22:10:1996
Subject classification: Seafarers
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Eighty-fourth Session on 8 October 1996, and
Noting the provisions of the Protection of Wages Convention, 1949; the Minimum Wage-Fixing Convention, 1970, the Seafarers' Annual Leave with Pay Convention, 1976, the Merchant Shipping (Minimum Standards) Convention, 1976, the Repatriation of Seafarers Convention (Revised), 1987, the Protection of Workers' Claims (Employer's Insolvency) Convention, 1992, and the International Convention on Maritime Liens and Mortgages, 1993, and
Having decided upon the adoption of certain proposals with regard to the revision of the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 and the Wages, Hours of Work and Manning (Sea) Recommendation, 1958, which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Seafarers' Hours of Work and the Manning of Ships Convention, 1996;
adopts this twenty-second day of October of the year one thousand nine hundred and ninety-six, the following Recommendation, which may be cited as the Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation, 1996:
I. SCOPE AND DEFINITIONS
1.
(1) This Recommendation applies to every seagoing ship, whether publicly or privately owned, which is registered in the territory of the Member and is ordinarily engaged in commercial maritime operations.
(2) To the extent it deems practicable, after consulting the representative organizations of fishing-vessel owners and fishermen, the competent authority should apply the provisions of this Recommendation to commercial maritime fishing.
(3) In the event of doubt as to whether or not any ships are to be regarded as seagoing ships or engaged in commercial maritime operations or commercial maritime fishing for the purposes of this Recommendation, the question should be determined by the competent authority after consulting the organizations of shipowners, seafarers and fishermen concerned.
(4) This Recommendation does not apply to wooden vessels of traditional build such as dhows and junks.
2. For the purpose of this Recommendation:
(a) the term basic pay or wages means the pay, however composed, for normal hours of work; it does not include payments for overtime worked, bonuses, allowances, paid leave or any other additional remuneration;
(b) the term competent authority means the minister, government department or other authority having power to issue regulations, orders or other instructions having the force of law in respect of seafarers' wages, hours of work or rest or the manning of ships;
(c) the term consolidated wage means a wage or salary which includes the basic wage and other pay-related benefits; a consolidated wage may include compensation for all overtime hours which are worked and all other pay-related benefits, or it may include only certain benefits in a partial consolidation;
(d) the term hours of work means time during which a seafarer is required to do work on account of the ship;
(e) the term overtime means time worked in excess of the normal hours of work;
(f) the term seafarer means any person defined as such by national laws or regulations or collective agreements who is employed or engaged in any capacity on board a seagoing ship to which this Recommendation applies; and
(g) the term shipowner means the owner of the ship or any other organization or person, such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties and responsibilities.
II.SEAFARERS' WAGES
3. For seafarers whose remuneration includes separate compensation for overtime worked:
(a) for the purpose of calculating wages, the normal hours of work at sea and in port should not exceed eight hours per day;
(b) for the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages should be prescribed by national laws or regulations, if not determined by collective agreements, but should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable treatment;
(c) the rate or rates of compensation for overtime, which should be not less than one and one-quarter times the basic pay or wages per hour, should be prescribed by national laws or regulations or by collective agreements; and
(d) records of all overtime worked should be maintained by the master, or a person assigned by the master, and endorsed by the seafarer at regular intervals.
4. For seafarers whose wages are fully or partially consolidated:
(a) the collective agreement, articles of agreement, contract of employment and letter of engagement should specify clearly the amount of remuneration payable to the seafarer and where appropriate the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the consolidated wage, and in which circumstances;
(b) where hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate should be not less than one and one-quarter times the basic rate corresponding to the normal hours of work as defined in Paragraph 3; the same principle should be applied to the overtime hours included in the consolidated wage;
(c) remuneration for that portion of the fully or partially consolidated wage representing the normal hours of work as defined in Paragraph 3(a) should be no less than the applicable minimum wage; and
(d) for seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided in Paragraph 3(d).
5. National laws or regulations or collective agreements may provide for compensation for overtime or for work performed on the weekly day of rest and on public holidays by at least equivalent time off duty and off the ship or additional leave in lieu of remuneration or any other compensation so provided.
6. National laws and regulations adopted after consulting the representative organizations of seafarers and shipowners or, as appropriate, collective agreements should take into account the following principles:
(a) equal remuneration for work of equal value should apply to all seafarers employed upon the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin;
(b) the articles of agreement or other agreement specifying the applicable wages or wage rates should be carried on board the ship; information on the amount of wages or wage rates should be made available to each seafarer, either by providing at least one signed copy of the relevant information to the seafarer in a language which the seafarer understands, or by posting a copy of the agreement in a place accessible to the crew or by some other appropriate means;
(c) wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank cheque, postal cheque or money order;
(d) wages should be paid monthly or at some other regular interval, and on termination of engagement all remuneration due should be paid without undue delay;
(e) adequate penalties or other appropriate remedies should be imposed by the competent authorities where shipowners unduly delay, or fail to make, payment of all remuneration due;
(f) wages should be paid directly to the seafarer or to the seafarer's designated bank account unless he or she requests otherwise in writing;
(g) subject to subparagraph (h), the shipowner should impose no limit on the seafarer's freedom to dispose of his or her remuneration;
(h) deduction from remuneration should be permitted only if:
(i) there is an express provision therefor in national laws or regulations or in an applicable collective agreement;
(ii) the seafarer has been informed, in the manner deemed most appropriate by the competent authority, of the conditions for such deductions; and
(iii) they do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions;
(i) no deductions should be made from a seafarer's remuneration in respect of obtaining or retaining employment;
(j) the competent authority should have the power to inspect stores and services provided on board ship to ensure that fair and reasonable prices are applied for the benefit of the seafarers concerned; and
(k) to the extent that seafarers' claims for wages and other sums due in respect of their employment are not secured in accordance with the provisions of the International Convention on Maritime Liens and Mortgages, 1993, such claims should be protected in accordance with the Protection of Workers' Claims (Employer's Insolvency) Convention, 1992, of the International Labour Organization.
7. The Member should, after consulting with shipowners' and seafarers' organizations, have procedures to investigate complaints relating to any matter contained in this Recommendation.
III. MINIMUM WAGES
8.
(1) Without prejudice to the principle of free collective bargaining, the Member should, after consulting representative organizations of shipowners and seafarers, establish procedures for determining minimum wages for seafarers. Representative organizations of shipowners and seafarers should participate in the operation of such procedures.
(2) When establishing such procedures and in fixing minimum wages, due regard should be given to international labour standards concerning minimum wage fixing, as well as the following principles:
(a) the level of minimum wages should take into account the nature of maritime employment, manning levels of ships, and seafarers' normal hours of work; and
(b) the level of minimum wages should be adjusted to take into account changes in the cost of living and in the needs of seafarers.
(3) The competent authority should ensure:
(a) by means of a system of supervision and sanctions, that wages are paid at not less than the rate or rates fixed; and
(b) that any seafarer who has been paid at a rate lower than the minimum wage is enabled to recover, by an inexpensive and expeditious judicial or other procedure, the amount by which he or she has been underpaid.
IV. MINIMUM MONTHLY BASIC PAY OR WAGE FIGURE FOR ABLE SEAMEN
9. For the purpose of this Part, the term "able seaman" means any seafarer who is deemed to be competent to perform any duty which may be required of a rating serving in the deck department, other than the duties of a leading or specialist rating, or any seafarer who is defined as an able seaman in accordance with national laws, regulations or practice, or collective agreement.
10. The basic pay or wages for a calendar month of service for an able seaman should be no less than the amount periodically set by the Joint Maritime Commission or another body authorized by the Governing Body of the International Labour Office. Upon a decision of the Governing Body, the Director-General of the ILO shall notify any revised amount to the Members of the International Labour Organization. As of 1 January 1995, the amount set by the Joint Maritime Commission was 385 United States dollars.
11. Nothing in this Part should be deemed to prejudice arrangements agreed between shipowners or their organizations and seafarers' organizations with regard to the regulation of standard minimum terms and conditions of employment, provided such terms and conditions are recognized by the competent authority.
V. EFFECT ON EARLIER RECOMMENDATION
12. This Recommendation supersedes the Wages, Hours of Work and Manning (Sea) Recommendation, 1958.
Cross references
Conventions: C095 Protection of Wages Convention, 1949
Conventions: C131 Minimum Wage-Fixing Convention, 1970
Conventions: C146 Seafarers' Annual Leave with Pay Convention, 1976
Conventions: C147 Merchant Shipping (Minimum Standards) Convention, 1976
Conventions: C166 Repatriation of Seafarers Convention Revised), 1987
Conventions: C173 Protection of Workers' Claims (Employer's Insolvency) Convention, 1992
Conventions: C109 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958
Conventions: C180 Seafarers' Hours of Work and the Manning of ShipsConvention, 1996
Recommendations:R109 Wages, Hours of Work and Manning (Sea) Recommendation, 1958
06 Safety, health and welfare
C068 Food and Catering (Ships'' Crews) Convention, 1946
Convention concerning Food and Catering for Crews on Board Ship
(Note: Date of coming into force: 24:03:1957.)
Convention:C068
Place:Seattle
Session of the Conference:28
Date of adoption:27:06:1946
Subject classification: Safety, Health and Welfare
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Seattle by the Governing Body of the International Labour Office, and having met in its Twenty-eighth Session on 6 June 1946,
Having decided upon the adoption of certain proposals with regard to food and catering for crews on board ship, which is the fourth item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-seventh day of June of the year one thousand nine hundred and forty-six, the following Convention, which may be cited as the Food and Catering (Ships' Crews) Convention, 1946:
Article 1
1. Every Member of the International Labour Organisation for which this Convention is in force is responsible for the promotion of a proper standard of food supply and catering service for the crews of its sea-going vessels, whether publicly or privately owned, which are engaged in the transport of cargo or passengers for the purpose of trade and registered in a territory for which this Convention is in force.
2. National laws or regulations or, in the absence of such laws or regulations, collective agreements between employers and workers, shall determine the vessels or classes of vessels which are to be regarded as sea-going vessels for the purpose of this Convention.
Article 2
The following functions shall be discharged by the competent authority, except in so far as these functions are adequately discharged in virtue of collective agreements:
(a) the framing and enforcement of regulations concerning food and water supplies, catering, and the construction, location, ventilation, heating, lighting, water system and equipment of galleys and other catering department spaces on board ship, including store rooms and refrigerated chambers;
(b) the inspection of food and water supplies and of the accommodation, arrangements and equipment on board ship for the storage, handling and preparation of food;
(c) the certification of such members of the catering department staff as are required to possess prescribed qualifications;
(d) research into, and educational and propaganda work concerning, methods of ensuring proper food supply and catering service.
Article 3
1. The competent authority shall work in close co-operation with the organisations of shipowners and seafarers and with national or local authorities concerned with questions of food and health, and may where necessary utilise the services of such authorities.
2. The activities of the various authorities shall be duly co-ordinated so as to avoid overlapping or uncertainty of jurisdiction.
Article 4
The competent authority shall have a permanent staff of qualified persons, including inspectors.
Article 5
1. Each Member shall maintain in force laws or regulations concerning food supply and catering arrangements designed to secure the health and well-being of the crews of the vessels mentioned in Article 1.
2. These laws or regulations shall require--
(a) the provision of food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety;
(b) the arrangement and equipment of the catering department in every vessel in such a manner as to permit of the service of proper meals to the members of the crew.
Article 6
National laws or regulations shall provide for a system of inspection by the competent authority of--
(a) supplies of food and water;
(b) all spaces and equipment used for the storage and handling of food and water;
(c) galley and other equipment for the preparation and service of meals; and
(d) the qualification of such members of the catering department of the crew as are required by such laws or regulations to possess prescribed qualifications.
Article 7
1. National laws or regulations or, in the absence of such laws or regulations, collective agreements between employers and workers shall provide for inspection at sea at prescribed intervals by the master, or an officer specially deputed for the purpose by him, together with a responsible member of the catering department of--
(a) supplies of food and water;
(b) all spaces and equipment used for the storage and handling of food and water, and galley and other equipment for the preparation and service of meals.
2. The results of each such inspection shall be recorded.
Article 8
A special inspection shall be made by the representatives of the competent authority of the territory of registration on written complaint made by a number or proportion of the crew prescribed by national laws or regulations or on behalf of a recognised organisation of shipowners or seafarers. In order to avoid delay in sailing, such complaints should be submitted as soon as possible and at least twenty-four hours before the scheduled time of departure from port.
Article 9
1. Inspectors shall have authority to make recommendations to the owner of a ship, or to the master or other person responsible, with a view to the improvement of the standard of catering.
2. National laws or regulations shall prescribe penalties for--
(a) failure by an owner, master, member of the crew, or other person responsible to comply with the requirements of the national laws or regulations in force; and
(b) any attempt to obstruct an inspector in the discharge of his duties.
3. Inspectors shall submit regularly to the competent authority reports framed on uniform lines dealing with their work and its results.
Article 10
1. The competent authority shall prepare an annual report.
2. The annual report shall be issued as soon as practicable after the end of the year to which it relates and shall be made readily available to all bodies and persons concerned.
3. Copies of the annual report shall be transmitted to the International Labour Office.
Article 11
1. Courses of training for employment in the catering department of sea-going ships shall be organised either in approved schools or by means of other arrangements acceptable to both shipowners' and seafarers' organisations.
2. Facilities shall be provided for refresher courses to enable persons already trained to bring their knowledge and skill up to date.
Article 12
1. The competent authority shall collect up-to-date information on nutrition and on methods of purchasing, storing, preserving, cooking and serving food, with special reference to the requirements of catering on board ship.
2. This information shall be made available, free of charge or at reasonable cost, to manufacturers of and traders in ships' food supplies and equipment, ships' masters, stewards and cooks, and shipowners and seafarers and their organisations generally; appropriate forms of publicity, such as manuals, brochures, posters, charts or advertisements in trade journals, shall be used for this purpose.
3. The competent authority shall issue recommendations to avoid wastage of food, facilitate the maintenance of a proper standard of cleanliness, and ensure the maximum practicable convenience in working.
Article 13
Any of the functions of the competent authority in respect of the certification of catering department staff and the collection and distribution of information may be discharged by delegating the work, or part of it, to a central organisation or authority exercising similar functions in respect of seafarers generally.
Article 14
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article15
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force six months after the date on which there have been registered ratifications by nine of the following countries: United States of America, Argentine Republic, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, United Kingdom of Great Britain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including at least five countries each of which has at least one million gross register tons of shipping. This provision is included for the purpose of facilitating and encouraging early ratification of the Convention by Member States.
3. Thereafter, this Convention shall come into force for any Member six months after the date on which its ratification has been registered.
Article 16
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 17
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 18
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 19
At the expiration of each period of ten years after the coming into force of this Convention, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 20
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 16 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 21
The English and French versions of the text of this Convention are equally authoritative.
Cross references
C092-1 Accommodation of Crews Convention (Revised), 1949
Convention concerning Crew Accommodation on Board Ship (Revised 1949)
(Note: Date of coming into force: 29:01:1953.)
Convention:C092
Place:Geneva
Session of the Conference:32
Date of adoption:18:06:1949
Subject classification: Safety, Health and Welfare
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals with regard to the partial revision of the Accommodation of Crews Convention, 1946, adopted by the Conference at its Twenty-eighth Session, which is included in the twelfth item on the agenda of the session, and
Considering that these proposals must take the form of an international Convention,
adopts the eighteenth day of June of the year one thousand nine hundred and forty-nine, the following Convention, which may be cited as the Accommodation of Crews Convention (Revised), 1949:
Part I. General Provisions
Article 1
1. This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade and is registered in a territory for which this Convention is in force.
2. National laws or regulations shall determine when vessels are to be regarded as sea-going vessels for the purpose of this Convention.
3. This Convention does not apply to--
(a) vessels of less than 500 tons;
(b) vessels primarily propelled by sail but having auxiliary engines;
(c) vessels engaged in fishing or in whaling or in similar pursuits;
(d) tugs.
4. Provided that the Convention shall be applied where reasonable and practicable to--
(a) vessels between 200 and 500 tons; and
(b) the accommodation of persons engaged in usual sea-going routine in vessels engaged in whaling or in similar pursuits.
5. Provided also that any of the requirements contained in Part III of this Convention may be varied in the case of any ship if the competent authority is satisfied, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, that the variations to be made provide corresponding advantages as a result of which the over-all conditions are not less favourable than those which would result from the full application of the provisions of the Convention; particulars of all such variations shall be communicated by the Member to the Director-General of the International Labour Office, who shall notify the Members of the International Labour Organisation.
Article 2
In this Convention--
(a) the term ship means a vessel to which the Convention applies;
(b) the term tons means gross register tons;
(c) the term passenger ship means a ship in respect of which there is in force either (i) a safety certificate issued in accordance with the provisions of the International Convention for the Safety of Life at Sea for the time being in force or (ii) a passenger certificate;
(d) the term officer means a person other than a master ranked as an officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;
(e) the term rating means a member of the crew other than an officer;
(f) the term petty officer means a rating serving in a supervisory position or position of special responsibility who is classed as petty officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;
(g) the term crew accommodation includes such sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation and recreation accommodation as are provided for the use of the crew;
(h) the term prescribed means prescribed by national laws or regulations or by the competent authority;
(i) the term approved means approved by the competent authority;
(j) the term re-registered means re-registered on the occasion of a simultaneous change in the territory of registration and ownership of the vessel.
Article 3
1. Each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure the application of the provisions of Parts II, III and IV of this Convention.
2. The laws or regulations shall--
(a) require the competent authority to bring them to the notice of all persons concerned;
(b) define the persons responsible for compliance therewith;
(c) prescribe adequate penalties for any violation thereof;
(d) provide for the maintenance of a system of inspection adequate to ensure effective enforcement;
(e) require the competent authority to consult the organisations of shipowners and/or the shipowners and the recognised bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.
Part II. Planning and Control of Crew Accommodation
Article 4
1. Before the construction of a ship is begun a plan of the ship, showing on a prescribed scale the location and general arrangement of the crew accommodation, shall be submitted for approval to the competent authority.
2. Before the construction of the crew accommodation is begun and before the crew accommodation in an existing ship is altered or reconstructed, detailed plans of, and information concerning, the accommodation, showing on a prescribed scale and in prescribed detail the allocation of each space, the disposition of furniture and fittings, the means and arrangement of ventilation, lighting and heating, and the sanitary arrangements, shall be submitted for approval to the competent authority: Provided that in the case of emergency or temporary alterations or reconstruction effected outside the territory of registration it shall be sufficient compliance with this provision if the plans are subsequently submitted for approval to the competent authority.
Article 5
On every occasion when--
(a) a ship is registered or re-registered,
(b) the crew accommodation of a ship has been substantially altered or reconstructed, or
(c) complaint has been made to the competent authority in the prescribed manner and in time to prevent any delay to the vessel by a recognised bona fide trade union of seafarers representing all or part of the crew or by a prescribed number or proportion of the members of the crew of the ship that the crew accommodation is not in compliance with the terms of this Convention, the competent authority shall inspect the ship and satisfy itself that the crew accommodation complies with the requirements of the laws and regulations.
Part III. Crew Accommodation Requirements
Article 6
1. The location, means of access, structure and arrangement in relation to other spaces of crew accommodation shall be such as to ensure adequate security, protection against weather and sea, and insulation from heat or cold, undue noise or effluvia from other spaces.
2. There shall be no direct openings into sleeping rooms from spaces for cargo and machinery or from galleys, lamp and paint rooms or from engine, deck and other bulk storerooms, drying rooms, communal wash places or water closets. That part of the bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and shall be watertight and gastight.
3. External bulkheads of sleeping rooms and mess rooms shall be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced shall be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Care shall also be taken to provide protection from heat effects of steam and/or hot-water service pipes.
4. Internal bulkheads shall be of approved material which is not likely to harbour vermin.
5. Sleeping rooms, mess rooms, recreation rooms and alley-ways in the crew accommodation space shall be adequately insulated to prevent condensation or overheating.
6. Main steam and exhaust pipes for winches and similar gear shall not pass through crew accommodation nor, whenever technically possible, through alley-ways leading to crew accommodation; where they do pass through such alley-ways they shall be adequately insulated and encased.
7. Inside panelling or sheeting shall be of material with a surface easily kept clean. Tongued and grooved boarding or any other form of construction likely to harbour vermin shall not be used.
8. The competent authority shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.
9. The wall surface and deckheads in sleeping rooms and mess rooms shall be capable of being easily kept clean and, if painted, shall be light in colour; lime wash must not be used.
10. The wall surfaces shall be renewed or restored as necessary.
11. The decks in all crew accommodation shall be of approved material and construction and shall provide a surface impervious to damp and easily kept clean.
12. Where the floorings are of composition the joinings with sides shall be rounded to avoid crevices.
13. Sufficient drainage shall be provided.
Article 7
1. Sleeping rooms and mess rooms shall be adequately ventilated.
2. The system of ventilation shall be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate.
3. Ships regularly engaged on voyages in the tropics and the Persian Gulf shall be equipped with both mechanical means of ventilation and electric fans: Provided that one only of these means need be adopted in spaces where this ensures satisfactory ventilation.
4. Ships engaged outside the tropics shall be equipped with either mechanical means of ventilation or electric fans. The competent authority may exempt ships normally employed in the cold waters of the northern or southern hemispheres from this requirement.
5. Power for the operation of the aids to ventilation required by paragraphs 3 and 4 shall, when practicable, be available at all times when the crew is living or working on board and conditions so require.
Article 8
1. An adequate system of heating the crew accommodation shall be provided except in ships engaged exclusively in voyages in the tropics and the Persian Gulf.
2. The heating system shall, when practicable, be in operation at all times when the crew is living or working on board and conditions require its use.
3. In all ships in which a heating system is required, the heating shall be by means of steam, hot water, warm air or electricity.
4. In any ships in which heating is provided by a stove, measures shall be taken to ensure that the stove is of sufficient size and is properly installed and guarded and that the air is not fouled.
5. The heating system shall be capable of maintaining the temperature in crew accommodation at a satisfactory level under normal conditions of weather and climate likely to be met with on service; the competent authority shall prescribe the standard to be provided.
6. Radiators and other heating apparatus shall be so placed and, where necessary, shielded as to avoid risk of fire or danger or discomfort to the occupants.
Article 9
1. Subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be properly lighted by natural light and shall be provided with adequate artificial light.
2. All crew spaces shall be adequately lighted. The minimum standard for natural lighting in living rooms shall be such as to permit a person with a normal vision to read on a clear day an ordinary newspaper in any part of the space available for free movement. When it is not possible to provide adequate natural lighting, artificial lighting of the above minimum standard shall be provided.
3. In all ships electric lights shall be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.
4. Artificial lighting shall be so disposed as to give the maximum benefit to the occupants of the room.
5. In sleeping rooms an electric reading lamp shall be installed at the head of each berth.
Article 10
1. Sleeping rooms shall be situated above the load line amidships or aft.
2. In exceptional cases the competent authority may, if the size, type or intended service of the ship render any other location unreasonable or impracticable, permit the location of sleeping rooms in the fore part of the ship, but in no case forward of the collision bulkhead.
3. In passenger ships the competent authority may, on condition that satisfactory arrangements are made for lighting and ventilation, permit the location of sleeping rooms below the load line, but in no case immediately beneath working alley-ways.
4. The floor area per person of sleeping rooms intended for ratings shall be not less than--
(a) 20 sq. ft. or 1.85 sq. m. in vessels under 800 tons;
(b) 25 sq. ft. or 2.35 sq. m. in vessels of 800 tons or over, but under 3,000 tons;
(c) 30 sq. ft. or 2.78 sq. m. in vessels of 3,000 tons or over: Provided that, in the case of passenger ships in which more than four ratings are berthed in one room, the minimum per person may be 24 sq. ft. (2.22 sq. m.).
5. In the case of ships in which are employed such groups of ratings as necessitate the employment of a substantially larger number of ratings than would otherwise be employed, the competent authority may, in respect of such groups, reduce the minimum floor area of sleeping rooms per person, subject to the conditions that--
(a) the total sleeping space allotted to the group or groups is not less than would have been allotted had the numbers not been so increased, and
(b) the minimum floor area of sleeping rooms is not less than--
(i) 18 sq. ft. (1.67 sq. m.) per person in ships under 3,000 tons;
(ii) 20 sq. ft. (1.85 sq. m.) per person in ships of 3,000 tons or over.
6. Space occupied by berths and lockers, chests of drawers and seats shall be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture shall be excluded.
7. The clear head room in crew sleeping rooms shall not be less than 6 ft. 3 ins. (190 cm.).
8. There shall be a sufficient number of sleeping rooms to provide a separate room or rooms for each department: Provided that the competent authority may relax this requirement in the case of small ships.
9. The number of persons allowed to occupy sleeping rooms shall not exceed the following maxima:
(a) officers in charge of a department, navigating and engineer officers in charge of a watch and senior radio officers or operators: one person per room;
(b) other officers: one person per room wherever possible, and in no case more than two;
(c) petty officers: one or two persons per room, and in no case more than two;
(d) other ratings: two or three persons per room wherever possible, and in no case more than four.
10. With a view to ensuring adequate and more comfortable accommodation the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and the bona fide trade unions of seafarers, grant permission to accommodate up to ten ratings per sleeping room in the case of certain passenger ships.
11. The maximum number of persons to be accommodated in any sleeping room shall be indelibly and legibly marked in some place in the room where it can conveniently be seen.
12. Members of the crew shall be provided with individual berths.
13. Berths shall not be placed side by side in such a way that access to one berth can be obtained only over another.
14. Berths shall not be arranged in tiers of more than two; in the case of berths placed along the ship's side, there shall be only a single tier where a sidelight is situated above a berth.
15. The lower berth in a double tier shall be not less than 12 ins. (30 cm.) above the floor; the upper berth shall be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.
16. The minimum inside dimensions of a berth shall be 6 ft. 3 ins. by 2 ft. 3 ins. (190 cm. by 68 cm.).
17. The framework and the lee-board, if any, of a berth shall be of approved material, hard, smooth, and not likely to corrode or to harbour vermin.
18. If tubular frames are used for the construction of berths, they shall be completely sealed and without perforations which would give access to vermin.
19. Each berth shall be fitted with a spring bottom or a spring mattress and with a mattress of approved material. Stuffing of straw or other material likely to harbour vermin shall not be used.
20. When one berth is placed over another a dust-proof bottom of wood, canvas or other suitable material shall be fitted beneath the spring bottom of the upper berth.
21. Sleeping rooms shall be so planned and equipped as to ensure reasonable comfort for the occupants and to facilitate tidiness.
22. The furniture shall include a clothes locker for each occupant. The clothes lockers shall be not less than 5 ft. (152 cm.) in height and of a cross-section area of 300 sq. ins. (19.30 sq. decimetres) and shall be fitted with a shelf and a hasp for a padlock. The padlock shall be provided by the occupant.
23. Each sleeping room shall be provided with a table or desk, which may be of the fixed, dropleaf or slide-out type, and with comfortable seating accommodation as necessary.
24. The furniture shall be of smooth, hard material not liable to warp or corrode.
25. The drawer or equivalent space for each occupant shall be not less than 2 cu. ft. (.056 cu. m.).
26. Sleeping rooms shall be fitted with curtains for the sidelights.
27. Sleeping rooms shall be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks.
28. As far as practicable berthing of crew members shall be so arranged that watches are separated and that no daymen share a room with watch-keepers.
Article 11
1. Sufficient mess room accommodation shall be provided in all ships.
2. In ships of less than 1,000 tons separate mess room accommodation shall be provided for--
(a) master and officers;
(b) petty officers and other ratings.
3. In ships of 1,000 tons and over, separate mess room accommodation shall be provided for--
(a) master and officers;
(b) deck department petty officers and other ratings;
(c) engine department petty officers and other ratings;
Provided that--
(i) one of the two mess rooms for the petty officers and other ratings may be allotted to the petty officers and the other to the other ratings;
(ii) a single mess room may be provided for deck and engine department petty officers and other ratings in cases in which the organisations of shipowners and/or shipowners and the recognised bona fide trade unions of seafarers concerned have expressed a preference for such an arrangement.
4. Adequate mess room accommodation shall be provided for the catering department, either by the provision of a separate mess room or by giving them the right to the use of the mess rooms assigned to other groups; in the case of ships of 5,000 tons or over with more than five persons in the catering department consideration shall be given to the provision of a separate mess room.
5. The dimensions and equipment of each mess room shall be sufficient for the number of persons likely to use it at any one time.
6. Mess rooms shall be equipped with tables and approved seats sufficient for the number of persons likely to use them at any one time.
7. The competent authority may permit such exceptions to the foregoing rules concerning mess room accommodation as may be necessary to meet the special conditions in passenger ships.
8. Mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley.
9. Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils shall be provided.
10. The tops of tables and seats shall be of damp-resisting material, without cracks and capable of being easily cleaned.
Article 12
1. In all ships a space or spaces to which the crew can have access when off duty shall be provided on an open deck; the space or spaces shall be of adequate area, having regard to the size of the ship and the crew.
2. Recreation accommodation, conveniently situated and appropriately furnished, shall be provided for officers and for ratings. Where this is not provided separately from the mess rooms the latter shall be planned, furnished, and equipped to give recreational facilities.
Article 13
1. Sufficient sanitary accommodation, including wash basins and tub and/or shower baths, shall be provided in all ships.
2. The following minimum number of separate water closets shall be provided:
(a) in ships of under 800 tons: three;
(b) in ships of 800 tons or over, but under 3,000 tons: four;
(c) in ships of 3,000 tons or over: six;
(d) in ships where the radio officers or operators are accommodated in an isolated position, sanitary facilities near or adjacent thereto shall be provided.
3. National laws or regulations shall prescribe the allocation of water closets to various groups, subject to the provisions of paragraph 4 of this Article.
4. Sanitary facilities for all members of the crew who do not occupy rooms to which private facilities are attached shall be provided for each group of the crew on the following scale:
(a) one tub and/or shower bath for every eight persons or less;
(b) one water closet for every eight persons or less;
(c) one wash basin for every six persons or less: Provided that when the number of persons in a group exceeds an even multiple of the specified number by less than one-half of the specified number this surplus may be ignored for the purpose of this paragraph.
5. When the total number of the crew exceeds 100 and in passenger vessels normally engaged on voyages of not more than four hours' duration, consideration may be given by the competent authority to special arrangements or a reduction in the number of facilities required.
6. Cold fresh water and hot fresh water or means of heating water shall be available in all communal wash places. The competent authority, in consultation with the organisations of shipowners and/or the shipowners and with the recognised bona fide trade unions of seafarers, may fix the maximum amount of fresh water which the shipowner may be required to supply per man per day.
7. Wash basins and tub baths shall be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.
8. All water closets shall have ventilation to the open air, independently of any other part of the accommodation.
9. All water closets shall be of an approved pattern and provided with an ample flush of water, available at all times and independently controllable.
10. Soil pipes and waste pipes shall be of adequate dimensions and shall be so constructed as to minimise the risk of obstruction and to facilitate cleaning.
11. Sanitary accommodation intended for the use of more than one person shall comply with the following requirements:
(a) floors shall be of approved durable material, easily cleaned and impervious to damp, and shall be properly drained;
(b) bulkheads shall be of steel or other approved material and shall be watertight up to at least 9 ins. (23 cm.) above the level of the deck;
(c) the accommodation shall be sufficiently lighted, heated and ventilated;
(d) water closets shall be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and water closets to which there is no other access: Provided that this requirement shall not apply where a water closet is located in a compartment between two sleeping rooms having a total of not more than four persons;
(e) where there is more than one water closet in a compartment, they shall be sufficiently screened to ensure privacy.
12. In all ships facilities for washing and drying clothes shall be provided on a scale appropriate to the size of the crew and the normal duration of the voyage.
13. The facilities for washing clothes shall include suitable sinks, which may be installed in wash rooms, if separate laundry accommodation is not reasonably practicable, with an adequate supply of cold fresh water and hot fresh water or means of heating water.
14. The facilities for drying clothes shall be provided in a compartment separate from sleeping rooms and mess rooms, adequately ventilated and heated and equipped with lines or other fittings for hanging clothes.
Article 14
1. In any ship carrying a crew of fifteen or more and engaged in a voyage of more than three days' duration, separate hospital accommodation shall be provided. The competent authority may relax this requirement in respect of vessels engaged in coastal trade.
2. The hospital accommodation shall be suitably situated, so that it is easy of access and so that the occupants may be comfortably housed and may receive proper attention in all weathers.
3. The arrangement of the entrance, berths, lighting, ventilation, heating and water supply shall be designed to ensure the comfort and facilitate the treatment of the occupants.
4. The number of hospital berths required shall be prescribed by the competent authority.
5. Water closet accommodation shall be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto.
6. Hospital accommodation shall not be used for other than medical purposes.
7. An approved medicine chest with readily understandable instructions shall be carried in every ship which does not carry a doctor.
C092-2 Accomodation of Crews Convention (revised),1949
Article 15
1. Sufficiently and adequately ventilated accommodation for the hanging of oilskins shall be provided outside but convenient to the sleeping rooms.
2. In ships of over 3,000 tons one room for the deck department and one room for the engine department shall be provided and equipped for use as an office.
3. In ships regularly trading to mosquito-infested ports provision shall be made to protect the crews' quarters against the admission of mosquitoes by the fitting of suitable screens to side scuttles, ventilators and doors to the open deck.
4. All ships trading regularly to or in the tropics and the Persian Gulf shall be equipped with awnings for use over exposed decks above crew accommodation and over recreation deck space or spaces.
Article 16
1. In the case of the ships mentioned in paragraph 5 of Article 10 the competent authority may, in respect of the members of the crew there referred to, modify the requirements laid down in the foregoing articles as far as may be necessary to take account of their distinctive national habits and customs and in particular may make special arrangements concerning the number of persons occupying sleeping rooms and concerning mess room and sanitary facilities.
2. In modifying the said requirements the competent authority shall be bound by the specifications set forth in paragraphs 1 and 2 of Article 10 and by the minimum sleeping space requirements prescribed for such groups of ratings in paragraph 5 of Article 10.
3. In ships in which the crew in any department are persons of widely different national habits and customs, separate and appropriate sleeping and living accommodation shall be provided as may be necessary to meet the requirements of the different groups.
4. In the case of the ships mentioned in paragraph 5 of Article 10 the hospital, dining, bathing and sanitary facilities shall be provided and maintained on a standard, in regard to their quantity and practical usefulness, equal or comparable to that which obtains aboard all other ships of similar type and belonging to the same registry.
5. The competent authority shall, when framing special regulations under this Article, consult the recognised bona fide trade unions of seafarers concerned and the organisations of shipowners and/or the shipowners employing them.
Article 17
1. Crew accommodation shall be maintained in a clean and decently habitable condition and shall be kept free of goods and stores not the personal property of the occupants.
2. The master, or an officer specially deputed for the purpose by him, accompanied by one or more members of the crew, shall inspect all crew accommodation at intervals of not more than one week. The results of each such inspection shall be recorded.
Part IV. Application of Convention to Existing Ships
Article 18
1. Subject to the provisions of paragraphs 2, 3 and 4 of this Article, this Convention applies to ships the keels of which are laid down subsequent to the coming into force of the Convention for the territory of registration.
2. In the case of a ship which is fully complete on the date of the coming into force of this Convention for the territory of registration and which is below the standard set by Part III of this Convention, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems possible, having regard to the practical problems involved, to be made when--
(a) the ship is re-registered;
(b) substantial structural alterations or major repairs are made to the vessel as a result of long-range plans and not as a result of an accident or emergency.
3. In the case of a ship in the process of building and/or reconversion on the date of the coming into force of this Convention for the territory of registration, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems possible having regard to the practical problems involved; such alterations shall constitute final compliance with the terms of this Convention, unless and until the ship be re-registered.
4. In the case of a ship, other than such a ship as is referred to in paragraphs 2 and 3 of this Article or a ship to which the provisions of this Convention were applicable while she was under construction, being re-registered in a territory after the date of the coming into force of this Convention for that territory, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems possible having regard to the practical problems involved; such alterations shall constitute final compliance with the terms of this Convention, unless and until the ship is again re-registered.
Part V. Final Provisions
Article 19
Nothing in this Convention shall affect any law, award, custom or agreement between shipowners and seafarers which ensures more favourable conditions than those provided for by this Convention.
Article 20
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 21
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force six months after the date on which there have been registered ratifications by seven of the following countries: United States of America, Argentine Republic, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, United Kingdom of Great Britain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including at least four countries each of which has at least one million gross register tons of shipping. This provision is included for the purpose of facilitating and encouraging early ratification of the Convention by Member States.
3. Thereafter, this Convention shall come into force for any Member six months after the date on which its ratification has been registered.
Article 22
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 23
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 24
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 25
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 26
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 22 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 27
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Revised: C075 This Convention revises the Accommodation of Crews Convention, 1946
Supplemented: C133 complemented by Accomodation of Crews (Supplementary Provisions) Convention, 1970
C133 Accommodation of Crews (Supplementary Provisions) Convention, 1970
Convention concerning Crew Accommodation on Board Ship (Supplementary Provisions)
(Note: Date of coming into force: 27:08:1991.)
Convention:C133
Place:Geneva
Session of the Conference:55
Date of adoption:30:10:1970
Subject classification: Safety, Health and Welfare
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Noting that the Accommodation of Crews Convention (Revised), 1949, lays down detailed specifications concerning such matters as sleeping accommodation, mess and recreation rooms, ventilation, heating, lighting and sanitary facilities on board ship, and
Considering that in the light of the rapidly changing characteristics of both the construction and the operation of modern ships further improvements in crew accommodation can be provided, and
Having decided upon the adoption of certain proposals with regard to crew accommodation, which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention supplementing the Accommodation of Crew Convention (Revised), 1949,
adopts the thirtieth day of October of the year one thousand nine hundred and seventy, the following Convention, which may be cited as the Accommodation of Crews (Supplementary Provisions) Convention, 1970:
Part I. General Provisions
Article 1
1. This Convention applies to every sea-going ship, whether publicly or privately owned, which is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose, which is registered in a territory for which this Convention is in force, and of which the keel is laid, or which is at a similar stage of construction, on or after the date of coming into force of the Convention for that territory.
2. National laws or regulations shall determine when ships are to be regarded as sea-going ships for the purpose of this Convention.
3. This Convention applies to tugs where reasonable and practicable.
4. This Convention does not apply to--
(a) ships of less than 1,000 tons;
(b) ships primarily propelled by sail, whether or not they are fitted with auxiliary engines;
(c) ships engaged in fishing or in whaling or in similar pursuits;
(d) hydrofoils and air-cushion craft.
5. Provided that the Convention shall be applied where reasonable and practicable to--
(a) ships between 200 and 1,000 tons; and
(b) the accommodation of persons engaged in usual sea-going routine in ships engaged in whaling or in similar pursuits.
6. Provided also that any of the requirements applicable by virtue of Article 3 of this Convention may be varied in the case of any ship if the competent authority is satisfied, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, that the variations to be made provide corresponding advantages as a result of which the over-all conditions are not less favourable than those which would result from the full application of the provisions of the Convention; particulars of all such variations shall be communicated by the Member concerned to the Director-General of the International Labour Office.
7. Provided further that the competent authority shall, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, determine the extent to which it is appropriate, taking into consideration the need for off-duty accommodation, to make exceptions or to diverge from the provisions of this Convention in the case of--
(a) sea-going ferries, feeder ships and similar ships which are not continuously manned with one permanent crew;
(b) sea-going ships when repair personnel are carried temporarily in addition to the ship's crew;
(c) sea-going ships engaged on short voyages which allow members of the crew to go home or to make use of comparable facilities for part of each day.
Article 2
In this Convention--
(a) the term ship means a vessel to which the Convention applies;
(b) the term tons means gross register tons;
(c) the term passenger ship means a ship in respect of which there is in force either (i) a passenger ship safety certificate issued in accordance with the provisions of the International Convention for the Safety of Life at Sea for the time being in force, or (ii) a passenger certificate;
(d) the term officer means a person other than a master ranked as an officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;
(e) the term rating means a member of the crew other than an officer;
(f) the term petty officer means a rating serving in a supervisory position or position of special responsibility who is classed as petty officer by national laws or regulations, or, in the absence of any relevant laws or regulations, by collective agreement or custom;
(g) the term adult means a person who is at least 18 years of age;
(h) the term crew accommodation includes such sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation and recreation accommodation as are provided for the use of the crew;
(i) the term prescribed means prescribed by national laws or regulations or by the competent authority;
(j) the term approved means approved by the competent authority;
(k) the term re-registered means re-registered on the occasion of a simultaneous change in the territory of registration and ownership of the ship.
Article 3
Each Member for which this Convention is in force undertakes to comply, in respect of ships to which this Convention applies, with--
(a) the provisions of Parts II and III of the Accommodation of Crews Convention (Revised), 1949; and
(b) the provisions of Part II of this Convention.
Article 4
1. Each Member for which this Convention is in force undertakes to maintain in force laws or regulations which ensure its application.
2. The laws or regulations shall--
(a) require the competent authority to bring them to the notice of all persons concerned;
(b) define the persons responsible for compliance therewith;
(c) prescribe adequate penalties for any violation thereof;
(d) provide for the maintenance of a system of inspection adequate to ensure effective enforcement;
(e) require the competent authority to consult the organisations of shipowners and/or the shipowners and the bona fide trade unions of seafarers in regard to the framing of regulations, and to collaborate so far as practicable with such parties in the administration thereof.
Part II. Crew Accommodation Requirements
Article 5
1. The floor area per person of sleeping rooms intended for ratings shall be not less than--
(a) 3.75 square metres (40.36 square feet) in ships of 1,000 tons or over but less than 3,000 tons;
(b) 4.25 square metres (45.75 square feet) in ships of 3,000 tons or over but less than 10,000 tons;
(c) 4.75 square metres (51.13 square feet) in ships of 10,000 tons or over.
2. Provided that the floor area per person of sleeping rooms intended for two ratings shall be not less than--
(a) 2.75 square metres (29.60 square feet) in ships of 1,000 tons or over but less than 3,000 tons;
(b) 3.25 square metres (34.98 square feet) in ships of 3,000 tons or over but less than 10,000 tons;
(c) 3.75 square metres (40.36 square feet) in ships of 10,000 tons or over.
3. Provided also that the floor area of sleeping rooms intended for ratings in passenger ships shall be not less than--
(a) 2.35 square metres (25.30 square feet) per person in ships of 1,000 tons or over but less than 3,000 tons;
(b) in ships of 3,000 tons or over--
(i) 3.75 square metres (40.36 square feet) in rooms accommodating one person;
(ii) 6.00 square metres (64.58 square feet) in rooms accommodating two persons;
(iii) 9.00 square metres (96.88 square feet) in rooms accommodating three persons;
(iv) 12.00 square metres (129.17 square feet) in rooms accommodating four persons.
4. The number of ratings occupying sleeping rooms shall not exceed two persons per room, except in passenger ships where the maximum number permissible shall be four.
5. The number of petty officers occupying sleeping rooms shall not exceed one or two persons per room.
6. In sleeping rooms for officers, where no private sitting room or day room is provided, the floor area per person shall not be less than 6.50 square metres (69.96 square feet) in ships of less than 3,000 tons, and not less than 7.50 square metres (80.73 square feet) in ships of 3,000 tons or over.
7. In ships other than passenger ships an individual sleeping room shall be provided for each adult member of the crew, where the size of the ship, the activity in which it is to be engaged, and its layout make this reasonable and practicable.
8. Where practicable in ships of 3,000 tons or over, the chief engineer officer and the chief navigating officer shall have, in addition to their sleeping room, and adjoining sitting room or day room.
9. Space occupied by berths and lockers, chests of drawers and seats shall be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture shall be excluded.
10. The minimum inside dimensions of a berth shall be 198 centimetres by 80 centimetres (6 feet 6 inches by 2 feet 7.50 inches).
Article 6
1. The floor area of mess rooms for officers and for ratings shall be not less than 1 square metre (10.76 square feet) per person of the planned seating capacity.
2. Mess rooms shall be equipped with tables and approved seats, fixed or movable, sufficient to accommodate the greatest number of members of the crew likely to use them at any one time.
3. There shall be available at all times when members of the crew are on board--
(a) a refrigerator, which shall be conveniently situated, of sufficient capacity for the number of persons using the mess room or mess rooms;
(b) facilities for hot beverages; and
(c) cool water facilities.
4. The competent authority may permit such exceptions to the provisions of paragraphs 1 and 2 of this Article concerning mess room accommodation as may be necessary to meet the special conditions in passenger ships.
Article 7
1. Recreation accommodation, conveniently situated and appropriately furnished, shall be provided for officers and for ratings. Where this is not provided separately from the mess rooms the latter shall be planned, furnished and equipped to give recreational facilities.
2. Furnishing for recreation accommodation shall as a minimum include a bookcase and facilities for reading, writing and, where practicable, for games.
3. In respect of ships of 8,000 tons or over, a smoking room or library room in which films or television may be shown and a hobby and games room shall be provided; consideration shall be given to the provision of a swimming pool.
4. In connection with the planning of recreation accommodation, the competent authority shall give consideration to the provision of a canteen.
Article 8
1. In all ships a minimum of one water closet and one tub and/or shower bath for every six persons or less who do not have facilities in pursuance of paragraphs 2 to 4 of this Article shall be provided at a convenient location for officers and for ratings. When women are employed in a ship, separate sanitary facilities shall be provided for them.
2. In ships of 5,000 tons or over but less than 15,000 tons, individual sleeping rooms for at least five officers shall have attached to them a separate private bathroom fitted with a water closet as well as a tub and/or shower bath and a wash basin having hot and cold running fresh water; the wash basin may be situated in the sleeping room. In addition, in ships of 10,000 tons or over but less than 15,000 tons, the sleeping rooms of all other officers shall have private intercommunicating bathrooms similarly fitted.
3. In ships of 15,000 tons or over, individual sleeping rooms for officers shall have attached to them a separate private bathroom fitted with a water closet as well as a tub and/or shower bath and a wash basin having hot and cold running fresh water; the wash basin may be situated in the sleeping room.
4. In ships of 25,000 tons or over, other than passenger ships, a bathroom for every two ratings shall be provided, either in an intercommunicating compartment between adjoining sleeping rooms or opposite the entrance of such rooms, which shall be fitted with a water closet as well as a tub and/or shower bath and a wash basin having hot and cold running fresh water.
5. In ships of 5,000 tons or over, other than passenger ships, each sleeping room, whether for officers or ratings, shall be provided with a wash basin having hot and cold running fresh water, except where such wash basin is situated in a bathroom provided in conformity with paragraph 2, 3 or 4 of this Article.
6. In all ships, facilities for washing, drying and ironing clothes shall be provided for officers and ratings on a scale appropriate to the size of the crew and the normal duration of the voyage. These facilities shall, whenever possible, be located within easy access of their accommodation.
7. The facilities to be provided shall be--
(a) washing machines;
(b) drying machines or adequately heated and ventilated drying rooms; and
(c) iron and ironing boards or their equivalent.
Article 9
1. In ships of 1,600 tons or over there shall be provided--
(a) a separate compartment containing a water closet and a wash basin having hot and cold running fresh water, within easy access of the navigating bridge deck primarily for those on duty in the area; and
(b) a water closet and a wash basin having hot and cold running fresh water, within easy access of the machinery space if not fitted near the engine room control centre.
2. In ships of 1,600 tons or over, other than ships in which private sleeping rooms and private or semi-private bathrooms are provided for all engine department personnel, facilities for changing clothes shall be provided which shall be--
(a) located outside the machinery space but with easy access to it; and
(b) fitted with individual clothes lockers as well as with tubs and/or shower baths and wash basin having hot and cold running fresh water.
Article 10
The minimum headroom in all crew accommodation where full and free movement is necessary shall be not less than 198 centimetres (6 feet 6 inches): Provided that the competent authority may permit some limited reduction in headroom in any space, or part of any space, in such accommodation where it is satisfied that it is reasonable to do so and also that such reduction will not result in discomfort to the crew.
Article 11
1. Crew accommodation shall be properly lighted.
2. Subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lighted by natural light and shall be provided with adequate artificial light.
3. In all ships electric light shall be provided in the crew accommodation. If there are not two independent sources of electricity for lighting, additional lighting shall be provided by properly constructed lamps or lighting apparatus for emergency use.
4. In sleeping rooms an electric reading lamp shall be installed at the head of each berth.
5. Suitable standards of natural and artificial lighting shall be fixed by the competent authority.
Article12
In the case of ships the manning of which has to take account, without discrimination, of the interests of crews having differing and distinctive religious and social practices, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of the seafarers concerned, and provided that these two sides are in agreement, permit variations in respect of the provisions of paragraphs 1 to 4 and paragraph 7 of Article 5 and paragraphs 1 and 4 of Article 8 of this Convention on condition that such variations do not result in over-all facilities less favourable than those which would result from the application of the provisions of the Convention. Particulars of all such variations shall be communicated by the Member concerned to the Director-General of the International Labour Office who shall notify the Members of the International Labour Organisation.
Part III. Application of the Convention to Existing Ships
Article 13
1. In the case of a ship which is fully complete on the date of the coming into force of this Convention for the territory of registration and which is below the standard set by this Convention, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems reasonable and practicable, having regard in particular to technical, economic and other problems involved in the application of Articles 5, 8 and 10, to be made when--
(a) the ship is re-registered;
(b) substantial structural alterations or major repairs are made to the ship as a result of long-range plans and not as a consequence of an accident or emergency.
2. In the case of a ship in the process of building and/or conversion on the date of coming into force of this Convention for the territory of registration, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems reasonable and practicable, having regard in particular to technical, economic and other problems involved in the application of Articles 5, 8 and 10; such alterations shall constitute final compliance with the terms of this Convention.
3. In the case of a ship, other than such a ship as is referred to in paragraphs 1 and 2 of this Article or a ship to which the provisions of this Convention were applicable while she was under construction, being re-registered in a territory after the date of the coming into force of this Convention for that territory, the competent authority may, after consultation with the organisations of shipowners and/or the shipowners and with the bona fide trade unions of seafarers, require such alterations for the purpose of bringing the ship into conformity with the requirements of the Convention as it deems reasonable and practicable, having regard in particular to technical, economic and other problems involved in the application of Articles 5, 8 and 10; such alterations shall constitute final compliance with the terms of this Convention.
PART IV. PROVISIONS
Article 14
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 15
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which there have been registered ratifications by twelve Members each of which has more than one million tons of shipping, including at least four Members each of which has at least two million tons of shipping.
3. Thereafter, this Convention shall come into force for any Member six months after the date on which its ratification has been registered.
Article 16
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 17
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 18
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 19
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 20
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 16 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 21
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Conventions: C092 Accommodation of Crews Convention Revised), 1949
Supplemented: C092 Complementary to Accommodation of Crews Convention (Revised), 1949
C134 Prevention of Accidents (Seafarers) Convention, 1970
Convention concerning the Prevention of Occupational Accidents to Seafarers
(Note: Date of coming into force: 17:02:1973.)
Convention:C134
Place:Geneva
Session of the Conference:55
Date of adoption:30:10:1970
Subject classification: Safety, Health and Welfare
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Noting the terms of existing international labour Conventions and Recommendations applicable to work on board ship and in port and relevant to the prevention of occupational accidents to seafarers, and in particular of the Labour Inspection (Seamen) Recommendation, 1926, the Prevention of Industrial Accidents Recommendation, 1929, the Protection against Accidents (Dockers) Convention (Revised), 1932, the Medical Examination (Seafarers) Convention, 1946, and the Guarding of Machinery Convention and Recommendation, 1963, and
Noting the terms of the Safety of Life at Sea Convention, 1960, and the Regulations annexed to the International Load Line Convention, as revised in 1966, which provide for a number of safety measures on board ship which provide protection for persons employed thereon, and
Having decided upon the adoption of certain proposals with regard to accident prevention on board ship at sea and in port, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention, and
Noting that, for the success of action in the field of accident prevention on board ship, it is important that close co-operation be maintained in their respective fields between the International Labour Organisation and the Inter-Governmental Maritime Consultative Organization, and
Noting that the following standards have accordingly been framed with the co-operation of the Inter-Governmental Maritime Consultative Organization, and that it is proposed to seek its continuing co-operation in the application of these standards,
adopts the thirtieth day of October of the year one thousand nine hundred and seventy, the following Convention, which may be cited as the Prevention of Accidents (Seafarers) Convention, 1970:
Article 1
1. For the purpose of this Convention, the term seafarer covers all persons who are employed in any capacity on board a ship, other than a ship of war, registered in a territory for which the Convention is in force and ordinarily engaged in maritime navigation.
2. In the event of any doubt whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each country after consultation with the shipowners' and seafarers' organisations concerned.
3. For the purpose of this Convention, the term occupational accidents covers accidents to seafarers arising out of or in the course of their employment.
Article 2
1. The competent authority in each maritime country shall take the necessary measures to ensure that occupational accidents are adequately reported and investigated, and comprehensive statistics of such accidents kept and analysed.
2. All occupational accidents shall be reported and statistics shall not be limited to fatalities or to accidents involving the ship.
3. The statistics shall record the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship--for instance, deck, engine or catering--and of the area--for instance, at sea or in port--where the accident occurred.
4. The competent authority shall undertake an investigation into the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury, and such other accidents as may be specified in national laws or regulations.
Article 3
In order to provide a sound basis for the prevention of accidents which are due to particular hazards of maritime employment, research shall be undertaken into general trends and into such hazards as are brought out by statistics.
Article 4
1. Provisions concerning the prevention of occupational accidents shall be laid down by laws or regulations, codes of practice or other appropriate means.
2. These provisions shall refer to any general provisions on the prevention of accidents and the protection of health in employment which may be applicable to the work of seafarers, and shall specify measures for the prevention of accidents which are peculiar to maritime employment.
3. In particular, these provisions shall cover the following matters:
(a) general and basic provisions;
(b) structural features of the ship;
(c) machinery;
(d) special safety measures on and below deck;
(e) loading and unloading equipment;
(f) fire prevention and fire-fighting;
(g) anchors, chains and lines;
(h) dangerous cargo and ballast;
(i) personal protective equipment for seafarers.
Article 5
1. The accident prevention provisions referred to in Article 4 shall clearly specify the obligation of shipowners, seafarers and others concerned to comply with them.
2. Generally, any obligation on the shipowner to provide protective equipment or other accident prevention safeguards shall be accompanied by provision for the use of such equipment and safeguards by seafarers and a requirement that they comply with the relevant accident prevention measures.
Article 6
1. Appropriate measures shall be taken to ensure the proper application of the provisions referred to in Article 4, by means of adequate inspection or otherwise.
2. Appropriate measures shall be taken to ensure compliance with these provisions.
3. All necessary steps shall be taken to ensure that inspection and enforcement authorities are familiar with maritime employment and its practices.
4. In order to facilitate application, copies or summaries of the provisions shall be brought to the attention of seafarers, for instance by display in a prominent position on board ship.
Article 7
Provision shall be made for the appointment, from amongst the crew of the ship, of a suitable person or suitable persons or of a suitable committee responsible, under the Master, for accident prevention.
Article 8
1. Programmes for the prevention of occupational accidents shall be established by the competent authority with the co-operation of shipowners' and seafarers' organisations.
2. Implementation of such programmes shall be so organised that the competent authority, shipowners and seafarers or their representatives and other appropriate bodies may play an active part.
3. In particular, national or local joint accident prevention committees or ad hoc working parties, on which both shipowners' and seafarers' organisations are represented, shall be established.
Article 9
1. The competent authority shall promote and, in so far as appropriate under national conditions, ensure the inclusion, as part of the instruction in professional duties, of instruction in the prevention of accidents and in measures for the protection of health in employment in the curricula, for all categories and grades of seafarers, of vocational training institutions.
2. All appropriate and practicable measures shall also be taken to bring to the attention of seafarers information concerning particular hazards, for instance by means of official notices containing relevant instructions.
Article 10
Members, with the assistance as appropriate of intergovernmental and other international organisations, shall endeavour, in co-operation with each other, to achieve the greatest possible measure of uniformity of other action for the prevention of occupational accidents.
Article 11
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 12
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article 13
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 14
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 15
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 16
At such times as may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 17
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 13 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 18
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Recommendations:R028 Labour Inspection (Seamen) Recommendation, 1926
Recommendations:R031 Prevention of Industrial Accidents Recommendation, 1929
Conventions: C032 Protection against Accidents (Dockers) Convention Revised), 1932
Conventions: C073 Medical Examination (Seafarers) Convention, 1946
Conventions: C119 Guarding of Machinery Convention, 1963
Recommendations:R118 Guarding of Machinery Recommendation, 1963
C163 Seafarers'' Welfare Convention, 1987
Convention concerning Seafarers' Welfare at Sea and in Port
(Note: Date of coming into force: 03:10:1990.)
Convention:C163
Place:Geneva
Session of the Conference:74
Date of adoption:08:10:1987
Subject classification: Safety, Health and Welfare
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventy-fourth Session on 24 September 1987, and
Recalling the provisions of the Seamen's Welfare in Ports Recommendation, 1936, and the Seafarers' Welfare Recommendation, 1970, and
Having decided upon the adoption of certain proposals with regard to seafarers' welfare at sea and in port which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the eighth day of October of the year one thousand nine hundred and eighty-seven, the following Convention which may be cited as the Seafarers' Welfare Convention, 1987:
Article 1
1. For the purposes of this Convention-
(a) the term seafarer means any person who is employed in any capacity on board a seagoing ship, whether publicly or privately owned, other than a ship of war;
(b) the term welfare facilities and services means welfare, cultural, recreational and information facilities and services.
2. Each Member shall determine by national laws or regulations, after consultation with the representative organisations of shipowners and seafarers, which ships registered in its territory are to be regarded as seagoing ships for the purpose of the provisions of this Convention relating to welfare facilities and services on board ship.
3. To the extent it deems practicable, after consultation with the representative organisations of fishing vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing.
Article 2
1. Each Member for which this Convention is in force undertakes to ensure that adequate welfare facilities and services are provided for seafarers both in port and on board ship.
2. Each Member shall ensure that the necessary arrangements are made for financing the welfare facilities and services provided in accordance with the provisions of this Convention.
Article 3
1. Each Member undertakes to ensure that welfare facilities and services are provided in appropriate ports of the country for all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the State in which the ship on which they are employed is registered.
2. Each Member shall determine, after consultation with the representative organisations of shipowners and seafarers, which ports are to be regarded as appropriate for the purposes of this Article.
Article 4
Each Member undertakes to ensure that the welfare facilities and services on every seagoing ship, whether publicly or privately owned, which is registered in its territory, are provided for the benefit of all seafarers on board.
Article 5
Welfare facilities and services shall be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.
Article 6
Each Member undertakes-
(a) to co-operate with other Members with a view to ensuring the application of this Convention; and
(b) to ensure co-operation between the parties engaged and interested in promoting the welfare of seafarers at sea and in port.
Article 7
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 8
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 9
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 10
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 12
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 13
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides -
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 9 above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Recommendations:R048 Seamen's Welfare in Ports Recommendation, 1936
Recommendations:R138 Seafarers' Welfare Recommendation, 1970
C164 Health Protection and Medical Care (Seafarers) Convention, 1987
Convention concerning Health Protection and Medical Care for Seafarers
(Note: Date of coming into force: 11:01:1991.)
Convention:C164
Place:Geneva
Session of the Conference:74
Date of adoption:08:10:1987
Subject classification: Safety, Health and Welfare
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventy-fourth Session on 24 September 1987, and
Noting the provisions of the Medical Examination (Seafarers) Convention, 1946, the Accommodation of Crews Convention (Revised), 1949, the Accommodation of Crews (Supplementary Provisions) Convention, 1970, the Ships' Medicine Chests Recommendation, 1958, the Medical Advice at Sea Recommendation, 1958, and the Prevention of Accidents (Seafarers) Convention and Recommendation, 1970, and
Noting the terms of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as regards training in medical aid in the case of accidents or illnesses that are likely to occur on board ship, and
Noting that for the success of action in the field of health protection and medical care for seafarers, it is important that close co-operation be maintained in their respective fields between the International Labour Organisation, the International Maritime Organization and the World Health Organization, and
Noting that the following standards have accordingly been framed with the co-operation of the International Maritime Organization and the World Health Organization, and that it is proposed to seek their continuing co-operation in the application of these standards, and
Having decided upon the adoption of certain proposals with regard to health protection and medical care for seafarers, which is the fourth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the eighth day of October of the year one thousand nine hundred and eighty-seven, the following Convention which may be cited as the Health Protection and Medical Care (Seafarers) Convention, 1987:
Article 1
1. This Convention applies to every seagoing ship whether publicly or privately owned, which is registered in the territory of any Member for which the Convention is in force and which is ordinarily engaged in commercial maritime navigation.
2. To the extent it deems practicable, after consultation with the representative organisations of fishing-vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing.
3. In the event of doubt as to whether or not any ships are to be regarded as engaged in commercial maritime navigation or commercial maritime fishing for the purpose of this Convention, the question shall be determined by the competent authority after consultation with the organisations of shipowners, seafarers and fishermen concerned.
4. For the purpose of this Convention the term seafarer means any person who is employed in any capacity on board a seagoing ship to which this Convention applies.
Article 2
Effect shall be given to this Convention by national laws or regulations, collective agreements, works rules, arbitration awards or court decisions or other means appropriate to national conditions.
Article 3
Each Member shall by national laws or regulations make shipowners responsible for keeping ships in proper sanitary and hygienic conditions.
Article 4
Each Member shall ensure that measures providing for health protection and medical care for seafarers on board ship are adopted which-
(a) ensure the application to seafarers of any general provisions on occupational health protection and medical care relevant to the seafaring profession, as well as of special provisions peculiar to work on board;
(b) aim at providing seafarers with health protection and medical care as comparable as possible to that which is generally available to workers ashore;
(c) guarantee seafarers the right to visit a doctor without delay in ports of call where practicable;
(d) ensure that, in accordance with national law and practice, medical care and health protection while a seafarer is serving on articles are provided free of charge to seafarers;
(e) are not limited to treatment of sick or injured seafarers but include measures of a preventive character, and devote particular attention to the development of health promotion and health education programmes in order that seafarers themselves may play an active part in reducing the incidence of ill-health among their number.
Article 5
1. Every ship to which this Convention applies shall be required to carry a medicine chest.
2. The contents of the medicine chest and the medical equipment carried on board shall be prescribed by the competent authority taking into account such factors as the type of ship, the number of persons on board and the nature, destination and duration of voyages.
3. In adopting or reviewing the national provisions concerning the contents of the medicine chest and the medical equipment carried on board, the competent authority shall take into account international recommendations in this field, such as the most recent edition of the International Medical Guide for Ships and the List of Essential Drugs published by the World Health Organization, as well as advances in medical knowledge and approved methods of treatment.
4. The medicine chest and its contents as well as the medical equipment carried on board shall be properly maintained and inspected at regular intervals, not exceeding 12 months, by responsible persons designated by the competent authority, who shall ensure that the expiry dates and conditions of storage of all medicines are checked.
5. The competent authority shall ensure that the contents of the medicine chest are listed and labelled with generic names in addition to any brand names used, expiry dates and conditions of storage, and that they conform to the medical guide used nationally.
6. The competent authority shall ensure that where a cargo which is classified dangerous has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents involving Dangerous Goods published by the International Maritime Organization, the necessary information on the nature of the substances, the risks involved, the necessary personal protective devices, the relevant medical procedures and specific antidotes is made available to the master, seafarers and other interested persons. Such specific antidotes and personal protective devices shall be on board whenever dangerous goods are carried.
7. In cases of urgent necessity and when a medicine prescribed by qualified medical personnel for a seafarer is not available in the medicine chest, the shipowner shall take all necessary steps to obtain it as soon as possible.
Article 6
1. Every ship to which this Convention applies shall be required to carry a ship's medical guide adopted by the competent authority.
2. The medical guide shall explain how the contents of the medicine chest are to be used and shall be designed to enable persons other than a doctor to care for the sick or injured on board both with and without medical advice by radio or satellite communication.
3. In adopting or reviewing the ship's medical guide used nationally, the competent authority shall take into account international recommendations in this field, including the most recent edition of the International Medical Guide for Ships and the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods.
Article 7
1. The competent authority shall ensure by a prearranged system that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available at any hour of the day or night.
2. Such medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, shall be available free of charge to all ships irrespective of the territory in which they are registered.
3. With a view to ensuring that optimum use is made of facilities available for medical advice by radio or satellite communication-
(a) all ships to which this Convention applies which are equipped with radio installations shall carry a complete list of radio stations through which medical advice can be obtained;
(b) all ships to which this Convention applies which are equipped with a system of satellite communication shall carry a complete list of coast earth stations through which medical advice can be obtained;
(c) the lists shall be kept up to date and in the custody of the person on board responsible for communication duties.
4. Seafarers on board requesting medical advice by radio or satellite communication shall be instructed in the use of the ship's medical guide and the medical section of the most recent edition of the International Code of Signals published by the International Maritime Organization so as to enable them to understand the type of information needed by the advising doctor as well as the advice received.
5. The competent authority shall ensure that doctors providing medical advice in accordance with this Article receive appropriate training and are aware of shipboard conditions.
Article 8
1. All ships to which this Convention applies carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days' duration shall carry a medical doctor as a member of the crew responsible for providing medical care.
2. National laws or regulations shall determine which other ships shall be required to carry a medical doctor as a member of the crew, taking into account, inter alia, such factors as the duration, nature and conditions of the voyage and the number of seafarers on board.
Article 9
1. All ships to which this Convention applies and which do not carry a doctor shall carry as members of the crew one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties.
2. Persons in charge of medical care on board who are not doctors shall have satisfactorily completed a course approved by the competent authority of theoretical and applied training in medical skills. This course shall comprise-
(a) for ships of less than 1,600 gross tonnage which ordinarily are capable of reaching qualified medical care and medical facilities within eight hours, elementary training which will enable such persons to take immediate, effective action in case of accidents or illnesses likely to occur on board ship and to make use of medical advice by radio or satellite communication;
(b) for all other ships, more advanced medical training, including practical training in the emergency/casualty department of a hospital where practicable and training in life-saving techniques such as intravenous therapy, which will enable the persons concerned to participate effectively in co-ordinated schemes for medical assistance to ships at sea, and to provide the sick or injured with a satisfactory standard of medical care during the period they are likely to remain on board. Wherever possible, this training shall be provided under the supervision of a physician with a thorough knowledge and understanding of the medical problems and circumstances relating to the seafaring profession, including expert knowledge of radio or satellite communication medical services.
3. The courses referred to in this Article shall be based on the contents of the most recent edition of the International Medical Guide for Ships, the Medical First Aid Guide for Use in Accidents involving Dangerous Goods, the Document for Guidance - An International Maritime Training Guide published by the International Maritime Organization, and the medical section of the International Code of Signals as well as similar national guides.
4. Persons referred to in paragraph 2 of this Article and such other seafarers as may be required by the competent authority shall undergo refresher courses to enable them to maintain and increase their knowledge and skills and to keep abreast of new developments, at approximately five-year intervals.
5. All seafarers, during their maritime vocational training, shall receive instruction on the immediate action that should be taken on encountering an accident or other medical emergency on board.
6. In addition to the person or persons in charge of medical care on board, a specified crew member or crew members shall receive elementary training in medical care to enable him or them to take immediate effective action in case of accidents or illnesses likely to occur on board ship.
Article 10
All ships to which this Convention applies shall provide all possible medical assistance, where practicable, to other vessels which may request it.
Article 11
1. In any ship of 500 or more gross tonnage, carrying 15 or more seafarers and engaged in a voyage of more than three days' duration, separate hospital accommodation shall be provided. The competent authority may relax this requirement in respect of ships engaged in coastal trade.
2. In any ship of between 200 and 500 gross tonnage and in tugs this Article shall be applied where reasonable and practicable.
3. This Article does not apply to ships primarily propelled by sail.
4. The hospital accommodation shall be suitably situated, so that it is easy of access and so that the occupants may be comfortably housed and may receive proper attention in all weathers.
5. The hospital accommodation shall be so designed as to facilitate consultation and the giving of medical first aid.
6. The arrangement of the entrance, berths, lighting, ventilation, heating and water supply shall be designed to ensure the comfort and facilitate the treatment of the occupants.
7. The number of hospital berths required shall be prescribed by the competent authority.
8. Water closet accommodation shall be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto.
9. Hospital accommodation shall not be used for other than medical purposes.
Article 12
1. A standard medical report form for seafarers shall be adopted by the competent authority as a model for use by ships' doctors, masters or persons in charge of medical care on board and hospitals or doctors ashore.
2. The form shall be specially designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury.
3. The information contained in the medical report form shall be kept confidential and shall be used for no other purpose than to facilitate the treatment of seafarers.
Article 13
1. Members for which this Convention is in force shall co-operate with one another in promoting protection of the health of seafarers and medical care for them on board ship.
2. Such co-operation might cover the following matters:
(a) developing and co-ordinating search and rescue efforts and arranging prompt medical help and evacuation at sea for the seriously ill or injured on board a ship through such means as periodic ship position reporting systems, rescue coordination centres and emergency helicopter services, in conformity with the provisions of the International Convention of Maritime Search and Rescue, 1979, and the Merchant Ship Search and Rescue Manual and IMO Search and Rescue Manual developed by the International Maritime Organization;
(b) making optimum use of fishing vessels carrying a doctor and stationing ships at sea which can provide hospital and rescue facilities;
(c) compiling and maintaining an international list of doctors and medical care facilities available world-wide to provide emergency medical care to seafarers;
(d) landing seafarers in port for emergency treatment;
(e) repatriating seafarers hospitalised abroad as soon as practicable, in accordance with the medical advice of the doctors responsible for the case, which takes into account the seafarer's wishes and needs;
(f) arranging personal assistance for seafarers during repatriation, in accordance with the medical advice of the doctors responsible for the case, which takes into account the seafarer's wishes and needs;
(g) endeavouring to set up health centres for seafarers to-
(i) conduct research on the health status, medical treatment and preventive health care of seafarers;
(ii) train medical and health service staff in maritime medicine;
(h) collecting and evaluating statistics concerning occupational accidents, diseases and fatalities to seafarers and integrating and harmonising them with any existing national system of statistics on occupational accidents, diseases and fatalities covering other categories of workers;
(i) organising international exchanges of technical information, training material and personnel, as well as international training courses, seminars and working groups;
(j) providing all seafarers with special curative and preventive health and medical services in port, or making available to them general health, medical and rehabilitation services;
(k) arranging for the repatriation of the bodies or ashes, in accordance with the wishes of the next of kin, of deceased seafarers as soon as practicable.
3. International co-operation in the field of health protection and medical care for seafarers shall be based on bilateral or multilateral agreements or consultations among Members.
Article 14
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 15
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 16
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 17
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 18
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 19
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 20
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides-
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 16 above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 21
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Conventions: C073 Medical Examination (Seafarers) Convention, 1946
Conventions: C092 Accommodation of Crews Convention Revised), 1949
Conventions: C133 Accommodation of Crews (Supplementary Provisions) Convention, 1970
Recommendations:R105 Ships' Medicine Chests Recommendation, 1958
Recommendations:R106 Medical Advice at Sea Recommendation, 1958
Conventions: C134 Prevention of Accidents (Seafarers) Convention, 1970
Recommendations:R142 Prevention of Accidents (Seafarers) Recommendation, 1970
R048 Seamen''s Welfare in Ports Recommendation, 1936
Recommendation concerning the Promotion of Seamen's Welfare in Ports
Recommendation:R048
Place:Geneva
Session of the Conference:21
Date of adoption=24:10:1936
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Twenty-first Session on 6 October 1936, and
Having decided upon the adoption of certain proposals with regard to the promotion of seamen's welfare in ports, which is the third item on the agenda of the Session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-fourth day of October of the year one thousand nine hundred thirty-six, the following Recommendation, which may be cited as the Seamen's Welfare in Ports Recommendation, 1936:
Whereas by the nature of their calling seamen are frequently deprived for long periods of the advantages of family life and may be exposed while in ports, particularly in foreign countries, to special dangers and difficulties and whereas it is not always possible for them to have the benefit of arrangements made to organise the spare time, promote the welfare and safeguard the health of the general body of workers;
Whereas certain Governments and different private associations have successfully taken various measures for the special help and protection of seamen in ports and whereas such protection should be extended to as large a number of seamen as possible; and
Whereas it is important, notwithstanding differences which may exist in national and local needs and customs, to develop and co-ordinate nationally and internationally the principal forms of action, in a manner which draws no distinction of race between seamen;
The Conference recommends that each Member of the International Labour Organisation should take the following principles and methods into consideration for the promotion of the welfare of both national and foreign seamen in ports.
Part I. General Organisation
1. It is desirable to create in every important port an official or officially recognised body, which might comprise representatives of shipowners, seamen, national and local authorities and the chief associations concerned, for the purposes of--
(a) collecting, as far as possible in conjunction with the different authorities or organisations concerned, including the consular authorities of maritime States, all useful information and suggestions on the conditions for seamen in the port;
(b) advising the competent departments, authorities and associations as to the adoption, adaptation and co-ordination of measures for the improvement of such conditions; and
(c) collaborating if required with other competent bodies in carrying out such measures.
2. It is desirable, in order to enable the International Labour Office to inform the Governments of the maritime States and to assist them to co-ordinate their action, that each of them should keep in touch with the Office and furnish it every three years with all useful information on the experience acquired in the promotion of seamen's welfare in ports and on the progress made in this field.
Part II. Regulation
3. There should be laws or regulations to protect seamen, by measures including the following, from the dangers to which they are exposed in certain establishments or in the docks as such:
(a) the regulation of the sale of intoxicating liquor;
(b) the prohibition of the employment in public houses of young persons of either sex under a certain age;
(c) the application of the provisions of international agreements limiting the sale and use of narcotics to all seamen without distinction of nationality;
(d) the prohibition of the entry into the docks and harbour area generally of undesirable persons;
(e) the fencing off of dock areas and the protection of edges of wharves and quays and other dangerous parts of docks by fixed or movable barriers, wherever such measures are practicable;
(f) the provision of sufficient lighting and, where necessary, of signposts for docks and approaches.
4. In order to ensure the strict enforcement of the measures indicated above and to increase their efficacy, there should be arrangements for supervision, including--
(a) supervision of establishments where intoxicating liquors are sold and, where necessary and practicable, of hotels, cafés, lodging houses and other similar establishments in the harbour area;
(b) supervision, which might be carried out jointly by masters and the public authorities, of persons visiting ships, including boatmen plying between ships and the shore, with a view to preventing intoxicating liquor or narcotics being wrongfully brought on board or the fulfilment of any other illicit purpose;
(c) the maintenance in the harbour area of adequate police forces, specially trained and equipped, which should keep in touch with the other supervising bodies.
5. For the better protection of foreign seamen, measures should be taken to facilitate--
(a) their relations with their consuls; and
(b) effective co-operation between consuls and the local or national authorities.
Part III. Health
6. Soliciting and enticing, whether directly or indirectly, in the neighbourhood of the harbour and in districts frequented by seamen should be energetically repressed.
7. All suitable measures should be taken to make known to seamen entering the port, irrespective of their nationality--
(a) the dangers and means of preventing diseases to which they are exposed, including more particularly tuberculosis and tropical and venereal diseases;
(b) the necessity for persons suffering from disease to undergo treatment and the facilities available for such treatment; and
(c) the dangers arising from the habit of using narcotics.
8. The treatment of seamen suffering from disease should be facilitated by suitable measures including--
(a) as wide extension as possible, especially in the dock area, of free and continued treatment for venereal diseases, as provided, for example, by the Agreement concerning Facilities to be given to Merchant Seamen for the Treatment of Venereal Diseases, signed at Brussels, 1 December 1924;
(b) the admission of seamen to clinics and hospitals in ports, without difficulty and irrespective of nationality or religious belief;
(c) as wide application as possible to foreign seamen of the provision made for the protection of nationals against tuberculosis;
(d) the provision, whenever possible, of arrangements, designed to ensure, when necessary, continuation of treatment with a view to supplementing the medical facilities available to seamen.
PartIV. Accommodation and Recreation
9. Arrangements should be made, at least in the larger ports, for the material and general assistance of seamen while in the port and such arrangements should more particularly include--
(a) the institution or development of seamen's hostels of a satisfactory character and furnishing suitable board and lodging at reasonable prices;
(b) the institution or development of institutes--which might be distinct from the seamen's hostels, but should keep as far as possible in touch with them--providing meeting and recreation rooms (canteens, rooms for games, libraries, etc.);
(c) the organisation, where possible in co-operation with ships' sports clubs, of healthy recreations, such as sports, excursions, etc.;
(d) the promotion, by every possible means, of the family life of seamen.
Part V. Savings and Remittance of Wages
10. In order to help seamen to save and to transmit their savings to their families--
(a) there should be adopted a simple, rapid and safe system, operating with the assistance of consuls, masters, shipowners' agents or reliable private institutions, for enabling seamen, and more especially those who are in a foreign country, to deposit or remit the whole or part of their wages;
(b) a system for enabling seamen, at the time of their signing on or during the voyage, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families should be instituted or made of more general application.
Part VI. Information for Seamen
11. In view of the fact that the success of most of the measures recommended above must depend to a large extent on suitable publicity among seamen, such publicity should be organised and undertaken by the public authorities, the bodies referred to in Part I of this Recommendation, and the competent associations, assisted as far as possible by the ship's officers and doctor and by ships' sports clubs.
12. Such publicity might include--
(a) the distribution on shore and, subject to the consent of the master, on board ship, of pamphlets in the most appropriate languages giving clear information as to the facilities available for seamen in the port of call or in the next ports for which the ship is bound;
(b) the creation in the larger ports of information offices, either at shipping offices or elsewhere, easily accessible to seamen and staffed by persons capable of giving directly such explanations or guidance as may be useful;
(c) the inclusion of some useful information for the physical well-being and general protection of seamen in seamen's books, discharge books or other documents habitually carried by seamen, or in notices posted in a conspicuous place in the crew's quarters;
(d) the frequent publication of articles of general and educational interest to seamen in periodicals read by seamen, both of specialised and general interest, and also the use of the cinema for this purpose;
(e) the distribution of information concerning the tariffs of local transport and of local places of interest and entertainment.
Part VII. Equality of Treatment
13. Governments, authorities and organisations which may have to administer funds for the welfare of seamen are specially urged not to concern themselves solely with seamen of a particular nationality, but to act as generously as possible in the spirit of international solidarity.
Cross references
Recommendations:R048 Seamen's Welfare in Ports Recommendation, 1936
R078 Bedding, Mess Utensils and Miscellaneous Provisions (Ships'' Crews) Recommendation, 1946
Recommendation concerning the Provision to Crews by Shipowners of Bedding, Mess Utensils and Other Articles
Recommendation:R078
Place:Seattle
Session of the Conference:28
Date of adoption=29:06:1946
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Seattle by the Governing Body of the International Labour Office, and having met in its Twenty-eighth Session on 6 June 1946, and
Having decided upon the adoption of certain proposals with regard to the provision to crews by shipowners of bedding, mess utensils and other articles, which is included in the third item on the agenda of the Session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-ninth day of June of the year one thousand nine hundred and forty-six, the following Recommendation, which may be cited as the Bedding, Mess Utensils and Miscellaneous Provisions (Ships' Crews) Recommendation, 1946:
The Conference recommends that each Member of the International Labour Organisation should apply the following principles and should inform the International Labour Office, as requested by the Governing Body, of the measures taken to give effect thereto:
1.
(1) Clean bed linen, blankets, bedspreads and mess utensils should be supplied to the members of the crew by the shipowner for use on board during service on the ship, and such members should be responsible for their return at times specified by the master and on completion of service in the ship.
(2) In the event of any article not being returned in good condition, fair wear and tear excepted, the member of the crew concerned should pay cost price.
2. Bed linen, blankets and bedspreads should be of good quality, and plates, cups and other mess utensils should be of approved material which can be easily cleaned.
3. Towels, soap and toilet paper for the members of the crew should be provided by the shipowner.
Cross references
R105 Ship''s Medicine Chests Recommendation,1958
Recommendation concerning the Contents of Medicine Chests on Board Ship
Recommendation:R105
Place:Geneva
Session of the Conference:41
Date of adoption=13:05:1958
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-first Session on 29 April 1958, and
Having decided upon the adoption of certain proposals with regard to the contents of medicine chests on board ship, which are included in the fifth item on the agenda of the session, and
Having decided that these proposals shall take the form of a Recommendation,
adopts this thirteenth day of May of the year one thousand nine hundred and fifty-eight, the following Recommendation, which may be cited as the Ships' Medicine Chests Recommendation, 1958:
The Conference recommends that each Member should apply the following provisions:
1.
(1) Every vessel engaged in maritime navigation should be required to carry a medicine chest, the contents of which should be prescribed by the competent authority, taking into account such factors as the number of persons on board, and the nature and the duration of the voyage. Special provision should be made for the custody, by the master or other responsible officer, of medicaments the use of which is restricted.
(2) The rules and regulations concerning the minimum contents of the medicine chests should apply whether there is a ship's doctor on board or not.
2.
(1) In establishing or reviewing rules or regulations concerning the contents of the various types of medicine chests, the competent authority should take into consideration the list of minimum contents appended to this Recommendation.
(2) Such rules or regulations should be subject to periodical revision in the light of new medical discoveries, advances and approval methods of treatment, in accordance with any proposals for such revision which may be adopted in a manner agreed between the International Labour Organisation and the World Health Organisation.
3. All medicine chests should contain a medical guide approved by the competent authority, which explains fully how the contents of the medicine chest are to be used. The guide should be sufficiently detailed to enable persons other than a ship's doctor to administer to the needs of sick or injured persons on board both with and without supplementary medical advice by radio.
4. The rules and regulations should provide for the proper maintenance and care of medicine chests and their contents and their regular inspection at intervals not normally exceeding 12 months by persons authorised by the competent authority.
ANNEX
Minimum List of Medicaments and Medical Equipment
______________________
(Note: It is recommended that medicaments given by injection and included in this list, such as adrenalin, should whenever possible be supplied in single-dose containers. )
A. Medicaments Corresponding to the Following Preparations Described in the International Pharmacopoeia
(a) In Volume I:
(Note: Optional.)Antidiphtheria serum. (Note: Optional.)Antitetanus serum (small quantities).
Ethanolic solution of iodine.
Tincture of opium (and/or equivalent).
(b) In Volume II:
(Note: Optional.)Injection of adrenalin.
(Note: Optional.)Injection of atropine sulfate.
Injection of morphine.
(Note: Optional.)Injection of nikethamide.
(Note: Optional.)Injection of procaine hydrochloride.
Tablets of acetylsalicylic acid.
(Note: Optional.)Tablets of ascorbic acid.
(Note: Optional.)Tablets of amphetamine sulfate.
Tablets of codeine phosphate (and/or equivalent).
Tablets of ephedrine hydrochloride.
(Note: Optional.)Tablets of glyceryl trinitrate.
(Note: Optional.)Tablets of mercurous chloride (calomel).
Tablets of proguanil hydrochloride (and/or other anti-malarial drug).
Tablets of succinylsulfathiazole (or equivalent).
Tablets of sulfadiazine (or equivalent).
(Note: Optional.)Tincture of belladonna.
Water for injection.
B. Other Medicaments
(a) Preparations for external application:
An antiseptic for use in wounds.
A disinfectant.
An insecticide.
A liniment.
A lotion for acute dermatitis.
An ointment for haemorrhoids.
A preparation for ringworm, such as compound of benzoic and salicylic acid.
A preparation for chronic skin inflammations, e.g. compound zinc oxide paste. A preparation for burns.
An application of benzyl benzoate for scabies.
(Note: Optional.)A venereal-disease prophylactic package.
(b) Preparations for use in the eye:
An anaesthetic.
An antiseptic.
(Note: Optional.)Yellow mercury oxide eye-ointment.
(c) A preparation for toothache.
(d) Preparations for internal use:
Tablets of barbituric acid derivatives: (i) short-acting and hypnotic; (ii) long-acting and sedative.
Tablets of hyoscine hydrobromide (scopolamine hydrobromide) or equivalent sea-sickness remedy.
Tablets of sodium chloride (for heat cramp).
An injection of repository form of penicillin, e.g. procaine penicillin G fortified (procaine penicillin G with crystalline penicillin), or PAM (procaine penicillin G in oil with aluminium monostearate), or benzathine penicillin G.
(Note: Optional.)An antibiotic for oral use, e.g. oxytetracyline hydrochloride or penicillin V.
(Note: Optional.)An antihistamine preparation.
Medicine to control gastric acidity.
Laxatives.
(e) Others:
Olive oil (or equivalent).
A copy of the International List of Venereal-Disease Treatment Centres at Ports, published by the World Health Organisation.
Personal booklets for venereal-disease treatment in the form appended to the above publication.
Of the above list, the tablets of barbituric acid derivatives and of codeine phosphate, the injection of morphine and the tinctures of opium and of belladonna should be kept under lock and key by the master of the vessel or other responsible officer, who should also be responsible for the procaine and penicillin.
C. Surgical Instruments, Appliances and Equipment
Thermometer.
Hypodermic syringe and needles (suitable both for serums and for other injections).
Suture and ligatures (catgut, silkworm gut).
Suture needles (and possibly a needle holder).
Haemostatic forceps.
Splinter forceps.
Dissecting forceps.
Scalpel (stainless).
Surgical scissors.
Tourniquet.
Eye spud.
Eye cup.
Droppers.
Soft-rubber catheters of various sizes.
Splints (wooden or wire).
Bedpan.
Urine bottle.
Kidney dish.
Feeding cup.
Hot-water bottle.
Stretcher (a type suitable for transferring patients from one part of the ship to another, such as the Neil-Robertson stretcher or equivalent).
Bandage scissors.
Wooden applicators.
Bandages.
Gauze.
Cotton wool.
Adhesive tape.
Elastic adhesive bandages.
Plaster of Paris bandages.
Cross references
R106 Medical Advice at Sea Recommandation, 1958
Recommendation concerning Medical Advice by Radio to Ships at Sea
Recommendation:R106
Place:Geneva
Session of the Conference:41
Date of adoption=13:05:1958
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Forty-first Session on 29 April 1958, and
Having decided upon the adoption of certain proposals with regard to medical advice by radio to ships at sea, which are included in the fifth item on the agenda of the session, and
Having decided that these proposals shall take the form of a Recommendation,
adopts this thirteenth day of May of the year one thousand nine hundred and fifty-eight, the following Recommendation, which may be cited as the Medical Advice at Sea Recommendation, 1958:
The Conference recommends that each Member should apply the following provisions:
Members should ensure by a pre-arranged system that--
(a) medical advice by radio to ships at sea is available free of charge at any hour of the day or night;
(b) the medical advice available includes, where necessary and practicable, specialist advice;
(c) adequate use is made of the radio advice facilities available, inter alia, by instruction of seagoing personnel and by medical guides which indicate clearly and concisely the type of information which will help the doctor in giving his advice, so that the person on board ship who seeks advice understands what sort of information is required by the advising doctor;
(d) an up-to-date and complete list of radio stations from which medical advice can be obtained is carried on each ship equipped with radio installations, and kept in the custody of the radio officer or, in the case of smaller vessels, of the person responsible for radio duties.
Cross references
R138 Seafarers'' Welfare Recommandation, 1970
Recommendation concerning Seafarers' Welfare at Sea and in Port
Recommendation:R138
Place:Geneva
Session of the Conference:55
Date of adoption=29:10:1970
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Noting the provisions of the Seamen's Welfare in Ports Recommendation, 1936, and
Conscious of the fundamental need for the provision of welfare facilities both in port and on board ship, and in particular, in the light of changing characteristics of the shipping industry, the need for continuing development of the former and the growing importance of the latter, and
Considering the importance of recognising the role of statutory welfare bodies and voluntary organisations in this field and of seeking their expert assistance, and
Having decided upon the adoption of certain proposals with regard to seafarers' welfare at sea and in port, which is the seventh item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this twenty-ninth day of October of the year one thousand nine hundred and seventy, the following Recommendation, which may be cited as the Seafarers' Welfare Recommendation, 1970:
I. Organisation and Financing of Welfare Activities
1. Welfare schemes should be systematically organised and financing should be on an adequate and regular basis.
2. Welfare services should be reviewed frequently to ensure that they keep pace with changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.
3. There should be national, regional and/or port welfare boards, on which representative shipowners' and seafarers' organisations, the competent authorities and, where desirable and appropriate, voluntary organisations and social bodies concerned should be represented.
4. The functions of such boards should include surveying the need for, and assisting and co-ordinating, welfare facilities in the area for which the board is responsible.
5. Consuls and local representatives of foreign welfare organisations should, as appropriate, be associated with the work of regional and port welfare boards,
6. Measures should be taken to ensure that, as necessary, technically competent persons are employed full time in the operation of seafarers' welfare facilities, in addition to voluntary workers.
7. Where large numbers of seafarers of different nationalities require facilities such as hotels, clubs and sports facilities in a particular port, the competent authorities or bodies of the countries of origin of the seafarers and of the flag States should consult and co-operate with the competent authorities and bodies of the country in which the port is situated and with each other, with a view both to the pooling of resources and to avoiding unnecessary duplication.
8. With a view to better organising welfare and leisure activities and stimulating the use of welfare materials on board ship, instruction in the organisation of welfare activities on board should be included in training courses for officers and ratings. Consideration should be given to the periodic assignment to merchant vessels of an officer specially trained in such work.
II. Accommodation in Ports
9. Seafarers' hotels or hostels should be maintained in all ports of interest to international shipping where there is a need for them; they should provide facilities equal to those found in a good-class hotel, and should wherever possible be located in good surroundings away from the immediate vicinity of the docks.
10. These accommodation facilities should be open to seafarers of all nationalities, irrespective of colour, race or creed. Without in any way infringing this principle, it may be necessary in certain ports to provide several types of facilities, comparable in standard but adapted to the customs and needs of different groups of seafarers.
11. Where necessary and possible, provision should be made for accommodating seafarers' families in seafarers' hotels and hostels.
12. Prices charged for board and accommodation in seafarers' hotels and hostels should be kept at a reasonable level.
13. Seafarers' hotels and hostels should be properly supervised on the same basis as other comparable establishments.
III. General Welfare Measures in Port and on Board Ship
14. Governments should take measures designed to overcome restrictions on and to expedite the free circulation among ships, central supply agencies and welfare establishments of welfare materials such as films, books, newspapers and sports equipment for use by seafarers on board their ships and in welfare centres ashore.
15. Every effort should be made to ensure that the forwarding of seafarers' mail is as reliable and expeditious as possible. Efforts should be made also to avoid seafarers being required to pay additional postage when mail has to be readdressed owing to circumstances beyond their control.
16. Adequate means of transportation at moderate prices should be available at any reasonable time when needed in order to enable seafarers to reach city centres from port areas.
17. Every effort should be made by those responsible to facilitate the granting of shore leave to officers and ratings as soon as possible after a ship's arrival in port.
18. In order to ensure the maintenance of seafarers' family ties in the special conditions of their employment, the granting of leave at home at reasonable intervals should be encouraged.
19. Measures should be taken to ensure, subject to any national or international laws or regulations, that whenever possible and reasonable both officers and ratings are expeditiously granted permission to have their wives, other relatives and friends as visitors on board their ships when in port.
20. Consideration should be given to the possibility of allowing the wives of seafarers to accompany their husbands on an occasional voyage, where this is practicable and reasonable. Wives who so accompany their husbands should carry adequate insurance cover against accident and illness; the shipowner should give every assistance to the seafarer to effect such insurance.
21. Where possible and appropriate, the provision of canteens on board ship for officers and ratings should be considered, unless this is contrary to national, religious or social customs.
22. Where possible, consideration should be given to the provision on board ship of facilities for the projection of films, television viewing, handicrafts and reading.
IV. Recreation Facilities in Port and on Board Ship
23. Centres providing meeting and recreation rooms for seafarers of all nationalities should be established or developed in all ports of interest to international shipping where there is a need for them.
24. Healthy recreation such as hobbies, gymnastics, games or sports, both ashore and on board, as well as excursions to places of interest, should be encouraged and should be organised by and for seafarers with assistance as appropriate from the port welfare bodies. Where possible, facilities for swimming should be provided on board ship.
25. All seafarers visiting a port should, where practicable and possible, have the opportunity of taking part in sports and outdoor recreation; for this purpose suitable facilities should be made available, for example by providing sports fields for the use of seafarers or by arranging for them access to existing sports fields.
26. There should be co-operation among the competent authorities of different countries, shipowners' and seafarers' organisations, welfare organisations and ships' captains in the establishment of international seafarers' sports competitions such as lifeboat races, athletics and football matches.
V. Information and Educational Facilities in Port and on Board Ship
27. Appropriate vocational training schemes for seafarers should include education and information on matters affecting their welfare, including general health hazards.
28. Information should be disseminated among seafarers concerning facilities open to the general public in ports of call--particularly transport, welfare and educational facilities and places of worship--as well as facilities provided specifically for seafarers. Such information could be in the form of a booklet, printed in several languages, which also contains a plan of the city and port.
29. Interesting and culturally profitable spare-time activities on board ship should be encouraged through the supply of suitable literature and assistance in pursuing hobby activities and amateur entertainment.
30. Correspondence courses in a variety of subjects of interest to seafarers should be available; other educational aids, such as film projectors, film library services and a tape recorder, should be provided on individual ships where appropriate.
Cross references
Recommendations:R048 Seamen's Welfare in Ports Recommendation, 1936
R140 Crew Accommodation (Air Conditioning) Recommendation, 1970
Recommendation concerning Air Conditioning of Crew Accommodation and Certain other
Spaces on Board Ship
Recommendation:R140
Place:Geneva
Session of the Conference:55
Date of adoption=30:10:1970
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Noting that the Accommodation of Crews Convention (Revised), 1949, lays down minimum standards for the accommodation of crews on board ship, and
Considering that in the light of the rapidly changing characteristics of both the construction and the operation of modern ships further improvements in crew accommodation can be provided, and
Having decided upon the adoption of certain proposals with regard to crew accommodation, which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this thirtieth day of October of the year one thousand nine hundred and seventy, the following Recommendation, which may be cited as the Crew Accommodation (Air Conditioning) Recommendation, 1970:
1.
(1) All ships of 1,000 gross register tons or over constructed after the adoption of this Recommendation, except those regularly engaged in trades where temperate climatic conditions do not require this, should be equipped with air conditioning of crew accommodation.
(2) Whenever possible such ships should also have air conditioning of the radio room and any centralised machinery control room.
2. The competent authority should--
(a) investigate the possibility of installing air conditioning in ships of less than 1,000 tons constructed after the adoption of this Recommendation;
(b) consider the possibility of providing existing ships with air conditioning of all or part of crew accommodation spaces by means of conversion of mechanical ventilation systems to full air conditioning at a time when substantial structural alterations are being made to the accommodation.
3. The air-conditioning system, whether of a centralised or individual unit type, should be designed--
(a) to maintain the air at a satisfactory temperature and relative humidity as compared to outside air conditions, and to ensure a sufficiency of air changes in all air-conditioned spaces;
(b) to take account of the particular characteristics of operations at sea and not to produce objectionable noises or vibrations.
Cross references
Conventions: C092 Accommodation of Crews Convention Revised), 1949
R141 Crew Accommodation (Noise Control) Recommendation, 1970
Recommendation concerning Control of Harmful Noise in Crew Accommodation and Working Spaces on Board Ship
Recommendation:R141
Place:Geneva
Session of the Conference:55
Date of adoption=30:10:1970
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Noting that the Accommodation of Crews Convention (Revised), 1949, lays down minimum standards for the accommodation of crews on board ship, and
Considering that in the light of the rapidly changing characteristics of both the construction and the operation of modern ships further improvements in crew accommodation can be provided, and
Having decided upon the adoption of certain proposals with regard to crew accommodation, which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation,
adopts this thirtieth day of October of the year one thousand nine hundred and seventy, the following Recommendation, which may be cited as the Crew Accommodation (Noise Control) Recommendation, 1970:
1.
(1) The competent authority in each maritime country, in conjunction with the competent international bodies and with representatives of shipowners' and seafarers' organisations, should review research into the problem of noise on board ships with the object of obtaining and pooling data on the basis of which authoritative criteria and standards can be established at an early date, so that national provisions can be drawn up to protect seafarers, so far as necessary, from the ill effects of noise.
(2) Such research should cover--
(a) the effect of exposure to excessive noise on the hearing, health and comfort of seafarers;
(b) the measures which should be prescribed to reduce shipboard noise and/or to protect the hearing of seafarers.
2. The competent authority in each country should, in the light of that research, establish provisions for the reduction of, and protection of seafarers from, excessive and harmful noise on board ship as soon as this becomes reasonably possible.
3. As appropriate in the light of the research, the measures to be considered might include the following:
(a) instruction of seafarers in the dangers to hearing and health of prolonged exposure to high noise levels and in the proper use of noise protection devices and equipment;
(b) provision of ear plugs and/or ear muffs, approved by the competent authority, to seafarers in the engine room where necessary;
(c) the reduction of noise in sleeping rooms, mess rooms, recreation rooms and other crew accommodation by--
(i) the locating of such spaces as far as practicable from the engines, steering gear rooms, deck winches, ventilation, heating and air-conditioning equipment and other noisy machinery and apparatus;
(ii) the use of acoustic insulation and other appropriate sound-absorbing materials in the construction and finishing of bulkheads, overheads and decks within the sound-producing spaces, and self-closing noise-isolating doors for machinery spaces;
(d) the reduction and control of noise levels in engine rooms and other machinery spaces by--
(i) provision, wherever practicable, of sound-proof centralised machinery control rooms for engine-room personnel;
(ii) insulation, as far as practicable, of working spaces such as the machine shop from the general engine-room noise;
(iii) measures to reduce noise in the operation of machinery.
Cross references
Conventions: C092 Accommodation of Crews Convention Revised), 1949
R142 Prevention of Accidents (Seafarers) Recommendation, 1970
Recommendation concerning the Prevention of Occupational Accidents to Seafarers
Recommendation:R142
Place:Geneva
Session of the Conference:55
Date of adoption=30:10:1970
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fifty-fifth Session on 14 October 1970, and
Considering that, although much is being done in a number of countries to reduce occupational accidents to seafarers, there is room for further study of such accidents and for further measures for their prevention, and that international standards embodying a relevant programme of action for the maritime sector are accordingly desirable, and
Having decided upon the adoption of certain proposals with regard to accident prevention on board ship at sea and in port, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Prevention of Accidents (Seafarers) Convention, 1970, and
Noting that the following standards have been framed with the co-operation of the Inter-Governmental Maritime Consultative Organization, and that it is proposed to seek its continuing co-operation in promoting and securing the application of these standards,
adopts this thirtieth day of October of the year one thousand nine hundred and seventy, the following Recommendation, which may be cited as the Prevention of Accidents (Seafarers) Recommendation, 1970:
1. For the purpose of this Recommendation--
(a) the term seafarer covers all persons who are employed in any capacity on board a ship, other than a ship of war, ordinarily engaged in maritime navigation;
(b) the term occupational accidents covers accidents to seafarers arising out of or in the course of their employment.
2. In giving effect to paragraph 3 of Article 2 of the Prevention of Accidents (Seafarers) Convention, 1970, Members should have due regard to any international system of recording accidents to seafarers which may have been established by the International Labour Organisation.
3. Subjects to be investigated in pursuance of Article 3 of the Prevention of Accidents (Seafarers) Convention, 1970, might include--
(a) working environment, such as working surfaces, layout of machinery and means of access and lighting, and methods of work;
(b) incidence of accidents in different age groups;
(c) special physiological or psychological problems created by the shipboard environment;
(d) problems arising from physical stress on board ship, in particular as consequence of increased workload;
(e) problems arising from and effects of technical developments and their influence on the composition of crews;
(f) problems arising from any human failures such as carelessness.
4. In formulating the accident prevention provisions called for by Article 4 of the Prevention of Accidents (Seafarers) Convention, 1970, Members should have due regard to any Code of Practice concerning the safety and health of seafarers which may have been published by the International Labour Office.
5. In giving effect to Article 5 of the Prevention of Accidents (Seafarers) Convention, 1970, account should be taken of Articles 7 and 11 of the Guarding of Machinery Convention, 1963--and the corresponding provisions of the Guarding of Machinery Recommendation, 1963--under which the obligation to ensure compliance with the requirement that machinery in use is properly guarded, and its use without appropriate guards prevented, rests on the employer, while there is an obligation on the worker not to use machinery without the guards being in position nor to make inoperative the guards provided.
6.
(1) The functions of the committees and other bodies referred to in paragraph 3 of Article 8 of the Prevention of Accidents (Seafarers) Convention, 1970, might include--
(a) the preparation of accident prevention provisions, rules and manuals;
(b) the organisation of accident prevention training and programmes;
(c) the organisation of accident prevention publicity, including films, posters, notices and brochures;
(d) the distribution of accident prevention literature and information so that it reaches seafarers on board ship.
(2) Relevant provisions or recommendations adopted by the appropriate national authorities or organisations or responsible international maritime organisations should be taken into account by those preparing texts of accident prevention measures and/or recommended practices.
7. The syllabuses of the instruction referred to in Article 9 of the Prevention of Accidents (Seafarers) Convention, 1970, should be reviewed periodically and brought up to date in the light of development in types and sizes of ships and in their equipment, as well as changes in crewing practices, nationality, language and the organisation of work on board ship.
8.
(1) There should be continous accident prevention publicity.
(2) Such publicity mighy take the following forms:
(a) instructional films, film strips and shorts, for use in vocational training centres for seafarers and where possible in film programmes screened on board ship;
(b) display of safety posters on board ship;
(c) inclusion of articles on hazards of maritime employment and accident prevention measures in periodicals read by seafarers;
(d) special campaigns, during which various media of publicity are used to instruct seafarers in accident prevention and safe working practices.
(3) The publicity should take into account that there are often seafarers of different nationalities, languages and habits on board ship.
9.
(1) In giving effect to Article 10 of the Accident Prevention (Seafarers) Convention, 1970, Members should have due regard to relevant Model Codes of Safety Regulations or Codes of Practice published by the International Labour Office and the appropriate standards of international organisations for standardisation.
(2) Members should further have regard to the need for international co-operation in the continuous promotion of action for the prevention of occupational accidents; such co-operation might take the form of--
(a) bilateral or multilateral arrangements for uniformity in accident prevention standards and safeguards;
(b) exchange of information on particular hazards affecting seafarers and on means of preventing accidents;
(c) assistance in testing of equipment and inspection according to the national regulations of the country of registration of the ship;
(d) collaboration in the preparation and dissemination of accident prevention provisions, rules or manuals;
(e) collaboration in the production and use of training aids;
(f) joint facilities for or mutual assistance in the training of seafarers in accident prevention and safe working practices.
Cross references
Conventions: C134 Prevention of Accidents (Seafarers) Convention, 1970 1970
Conventions: C119 Guarding of Machinery Convention, 1963
Recommendations:R118 Guarding of Machinery Recommendation, 1963
R173 Seafarers'' Welfare Recommendation,1987
RECOMMENDATION CONCERNING SEAFARERS' WELFARE AT SEA AND IN PORT
Recommendation:R173
Place:Geneva
Session of the Conference:74
Date of adoption=08:10:1987
Subject classification: Safety, Health and Welfare
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventy-fourth Session on 24 September 1987, and
Recalling the provisions of the Seamen's Welfare in Ports Recommendation, 1936, and the Seafarers' Welfare Recommendation, 1970, and
Having decided upon the adoption of certain proposals with regard to seafarers' welfare at sea and in port which is the second item on the agenda of the session, and
Having determined that these proposals shall take the form of a Recommendation supplementing the Seafarers' Welfare Convention, 1987,
adopts this eighth day of October of the year one thousand nine hundred and eighty-seven, the following Recommendation, which may be cited as the Seafarers' Welfare Recommendation, 1987.
I. General
1. For the purposes of this Recommendation:
(a) the term seafarer means any person who is employed in any capacity on board a seagoing ship, whether publicly or privately owned, other than a ship of war;
(b) the term welfare facilities and services means welfare, cultural, recreational and information facilities and services.
2. To the extent it deems practicable, after consultation with the representative organisations of fishing vessel owners and fishermen, the competent authority should apply the provisions of this Recommendation to commercial maritime fishing.
3.
(1) Measures should be taken by Members to ensure that adequate welfare facilities and services are provided for seafarers both in port and on board ship, and that adequate protection is provided to seafarers in the exercise of their calling.
(2) In the implementation of these measures, Members should take into account the special needs of seafarers, especially when in foreign countries and when entering war zones, in respect of their safety, health and spare-time activities.
4. Arrangements for the supervision of welfare facilities and services should include participation by representative organisations of seafarers and shipowners.
5. The welfare facilities and services provided pursuant to this Recommendation should be available to all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the State in which the ship on which they are employed is registered.
6. Members should co-operate with one another in promoting the welfare of seafarers at sea and in port. Such co-operation should include the following:
(a) consultations between the competent authorities aimed at the provision and improvement of seafarers' welfare facilities and services, both in port and on board ship;
(b) agreements on the pooling of resources and the joint provision of welfare facilities in major ports so as to avoid unnecessary duplication;
(c) organising international sports competitions and encouraging the participation of seafarers in sports activities;
(d) organising international seminars on the subject of welfare of seafarers at sea and in port.
II. Welfare Facilities and Services in Ports
7.
(1) Members should provide or ensure the provision of such welfare facilities and services as may be required in appropriate ports of the country.
(2) Members should consult with the representative organisations of shipowners and seafarers in determining the appropriate ports.
(3) Welfare facilities and services should be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.
8.
(1) Welfare facilities and services should be provided, in accordance with national conditions and practice, by one or more of the following:
(a) the public authorities;
(b) the shipowners' and seafarers' organisations under collective agreements or other agreed arrangements;
(c) voluntary organisations.
(2) Measures should be taken to ensure that, as necessary, technically competent persons are employed full time in the operation of seafarers' welfare facilities and services, in addition to any voluntary workers.
9.
(1) Welfare boards should be established, at the port, regional and national levels, as appropriate, whose functions should include-
(a) keeping under review the adequacy of existing welfare facilities and monitoring the need for the provision of additional facilities or the withdrawal of underutilised facilities;
(b) assisting and advising those responsible for providing welfare facilities and ensuring co-ordination between them.
(2) Welfare boards should include among their members representatives of organisations of shipowners and seafarers, the competent authorities and, where appropriate, voluntary organisations and social bodies.
(3) As appropriate, consuls of maritime States and local representatives of foreign welfare organisations should be associated with the work of port, regional and national welfare boards in accordance with national laws and regulations.
10.
(1) Members should ensure that adequate and regular financial support is provided for seafarers' welfare facilities and services.
(2) In accordance with national conditions and practice, this financial support should be made available through one or more of the following:
(a) grants from public funds;
(b) levies or other special dues from shipping sources;
(c) voluntary contributions from shipowners, seafarers, or their organisations;
(d) voluntary contributions from other sources.
(3) Where welfare taxes, levies and special dues are imposed, they should be used only for the purposes for which they are raised.
11. Hotels or hostels suitable for seafarers should be available where there is need for them. Such hotels or hostels should be properly supervised, the prices charged should be reasonable in amount and, where necessary and possible, provision should be made for accommodating seafarers' families.
12.
(1) Necessary welfare and recreational facilities should be established or developed in ports. These should include-
(a) meeting and recreation rooms as required;
(b) facilities for sports and outdoor facilities, including competitions;
(c) educational facilities;
(d) where appropriate, facilities for religious observances and for personal counselling.
(2) These facilities may be provided by making available to seafarers in accordance with their needs facilities designed for more general use.
13. Where large numbers of seafarers of different nationalities require facilities such as hotels, clubs and sports facilities in a particular port, the competent authorities or bodies of the countries of origin of the seafarers and of the flag States, as well as the international associations concerned, should consult and cooperate with the competent authorities and bodies of the country in which the port is situated and with one another, with a view to the pooling of resources and to avoiding unnecessary duplication.
14.
(1) Information should be disseminated among seafarers concerning facilities open to the general public in ports of call - particularly transport, welfare, entertainment and educational facilities and places of worship - as well as facilities provided specifically for seafarers.
(2) The means of disseminating such information might include-
(a) the distribution on shore and, subject to the consent of the master, on board ship, of booklets in the most appropriate languages giving clear information as to the facilities available for seafarers in the port of call or in the next port for which the ship is bound; such booklets should contain a plan of the urban area and port;
(b) the creation in the larger ports of information offices, easily accessible to seafarers and staffed by persons capable of giving directly such explanations and guidance as may be useful.
15. Adequate means of transportation at moderate prices should be available at any reasonable time, when needed in order to enable seafarers to reach urban areas from convenient locations in the port.
16. All suitable measures should be taken to make known to seafarers entering port-
(a) any particular hazards and diseases to which they may be exposed and means of avoiding them;
(b) the necessity for persons suffering from diseases to undergo early treatment and the nearest facilities available for such treatment;
(c) the dangers arising from the use of narcotics and alcohol.
17. Measures should be taken to ensure that seafarers have access when in port to-
(a) out-patient treatment for sickness and injury;
(b) hospitalisation when necessary;
(c) facilities for dental treatment, especially in cases of emergency.
18. All suitable measures should be taken by the competent authorities to make known to shipowners and to seafarers entering port any special laws and customs, the contravention of which may jeopardise their freedom.
19. Port areas and access roads should be provided by the competent authorities with adequate lighting and signposting and regular patrols for the protection of seafarers.
20.
(1) For the protection of foreign seafarers, measures should be taken to facilitate-
(a) access to their consuls;
(b) effective co-operation between consuls and the local or national authorities.
(2) Whenever a seafarer is detained for any reason in the territory of a Member, the competent authority should, if he so requests, immediately inform the flag State and the State of nationality of the seafarer. The competent authority should promptly inform the seafarer of the right to make such a request. The State of nationality of the seafarer should promptly notify the seafarer's next of kin. If a seafarer is interned, the Member should allow consular officers of these States immediate access to the seafarer and regular visits thereafter so long as the seafarer is interned.
(3) The case of a detained seafarer should be dealt with promptly under due process of law, and the flag State and the State of nationality of the detained seafarer should be kept informed of developments as they occur.
21.
(1) Every possible practical assistance should be given to seafarers stranded in foreign ports pending their repatriation.
(2) In the event of delay in the repatriation of seafarers, the competent authority should ensure that the consular or local representative of the flag State is informed immediately.
22. Members should take measures, whenever necessary, to ensure the safety of seafarers from aggression and other unlawful acts while ships are in their territorial waters and especially in approaches to ports.
III. Welfare Facilities and Services at Sea
23.
(1) Welfare facilities and amenities should be provided on board ship for the benefit of the seafarers. Where practicable such facilities should include-
(a) television viewing and the reception of radio broadcasts;
(b) projection of films or video films, the stock of which should be adequate for the duration of the voyage and, where necessary, changed at reasonable intervals;
(c) sports equipment including exercise equipment, table games, deck games;
(d) where possible, facilities for swimming;
(e) a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage and changed at reasonable intervals;
(f) facilities for recreational handicrafts.
(2) Where possible and appropriate, the provision of bars on board ship for seafarers should be considered, unless this is contrary to national, religious or social customs.
24. Vocational training schemes for seafarers should, where appropriate, include education and information on matters affecting their welfare, including general health hazards.
25.
(1) Access to ship-to-shore telephone communications, where available, should be granted and charges for the use of the service should be reasonable in amount.
(2) Every effort should be made to ensure that the forwarding of seafarers' mail is as reliable and expeditious as possible. Efforts should also be made to avoid seafarers being required to pay additional postage when mail has to be readdressed owing to circumstances beyond their control.
26.
(1) Measures should be taken to ensure, subject to any applicable national or international laws or regulations, that whenever possible and reasonable seafarers are expeditiously granted permission to have their spouses, relatives and friends as visitors on board their ship when in port.
(2) Consideration should be given to the possibility of allowing seafarers to be accompanied by their spouses on an occasional voyage where this is practicable and reasonable. Such spouses should carry adequate insurance cover against accident and illness; the shipowners should give every assistance to the seafarer to effect such insurance.
27. Every effort should be made by those responsible in port and on board ship to facilitate shore leave for seafarers as soon as possible after a ship's arrival in port.
IV. Savings and Remittance of Wages
28. In order to help seafarers to save and to transmit their savings to their families-
(a) there should be adopted a simple, rapid and safe system, operating with the assistance of consuls or other competent authorities, masters, shipowners' agents or reliable financial institutions, for enabling seafarers, and more especially those who are in a foreign country or serving in a ship registered in a country other than their own, to deposit or remit the whole or part of their wages;
(b) a system for enabling seafarers, at the time of their signing on or during the voyage, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families should be instituted or made of more general application;
(c) allotments should be remitted in due time and directly to the person or persons nominated by the seafarers;
(d) efforts should be made to provide independent confirmation that seafarers' allotments are actually remitted to the person or persons nominated.
Cross references
Recommendations:R048 Seamen's Welfare in Ports Recommendation, 1936
Recommendations:R138 Seafarers' Welfare Recommendation, 1970
Conventions: C163 Seafarers' Welfare Convention, 1987
08 Social Security
C008 Unemployment Indemnity (Shipwreck) Convention,1920
Convention concerning Unemployment Indemnity in Case of Loss or Foundering of the Ship
(Note: Date of coming into force: 16:03:1923.)
Convention:C008
Place:Genoa
Session of the Conference:2
Date of adoption:09:07:1920
Subject classification: Social Security
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Genoa by the Governing Body of the International Labour Office, on the 15 June 1920, and
Having decided upon the adoption of certain proposals with regard to the supervision of articles of agreement; provision of facilities for finding employment for seamen; application to seamen of the Convention and Recommendations adopted at Washington in November last in regard to unemployment and unemployment insurance, which is the second item in the agenda for the Genoa meeting of the Conference, and
Having determined that these proposals shall take the form of an international Convention,
adopts the following Convention, which may be cited as the Unemployment Indemnity (Shipwreck) Convention, 1920, for ratification by the Members of the International Labour Organisation in accordance with the provisions of the Constitution of the International Labour Organisation:
Article 1
1. For the purpose of this Convention, the term seamen includes all persons employed on any vessel engaged in maritime navigation.
2. For the purpose of this Convention, the term vessel includes all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned; it excludes ships of war.
Article 2
1. In every case of loss or foundering of any vessel, the owner or person with whom the seaman has contracted for service on board the vessel shall pay to each seaman employed thereon an indemnity against unemployment resulting from such loss or foundering.
2. This indemnity shall be paid for the days during which the seaman remains in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable under this Convention to any one seaman may be limited to two months' wages.
Article 3
Seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service.
Article 4
1. Each Member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, protectorates and possessions which are not fully self-governing --
a) except where owing to the local conditions its provisions are inapplicable; or
b) subject to such modifications as may be necessary to adapt its provisions to local conditions.
2. Each Member shall notify to the International Labour Office the action taken in respect of each of its colonies, protectorates and possessions which are not fully self-governing.
Article 5
The formal ratifications of this Convention, under the conditions set forth in the Constitution of the International Labour Organisation, shall be communicated to the Director-General of the International Labour Office for registration.
Article 6
As soon as the ratifications of two Members of the International Labour Organisation have been registered with the International Labour Office, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation.
Article 7
This Convention shall come into force at the date on which such notification is issued by the Director-General of the International Labour Office, and it shall then be binding only upon those Members which have registered their ratifications with the International Labour Office. Thereafter this Convention will come into force for any other Member at the date on which its ratification is registered with the International Labour Office.
Article 8
Subject to the provisions of Article 7, each Member which ratifies this Convention agrees to bring its provisions into operation not later than 1 July 1922, and to take such action as may be necessary to make these provisions effective.
Article 9
A Member which has ratified this Convention may denounce it after the expiration of five years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered with the International Labour Office.
Article 10
At least once in ten years the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention, and shall consider the desirability of placing on the agenda of the Conference the question of its revision or modification.
Article 11
The French and English texts of this Convention shall both be authentic.
Cross references
Conventions: C002 Unemployment Convention, 1919
Recommendations:R001 Unemployment Recommendation, 1919
C055 Shipowners'' Liability (Sick and Injured Seamen) Convention, 1936
Convention concerning the Liability of the Shipowner in Case of Sickness, Injury or Death of Seamen
(Note: Date of coming into force: 29:10:1939.)
Convention:C055
Place:Geneva
Session of the Conference:21
Date of adoption:24:10:1936
Subject classification: Social Security
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Twenty-first Session on 6 October 1936, and
Having decided upon the adoption of certain proposals with regard to the liability of the shipowner in case of sickness, injury or death of seamen, which is included in the second item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-fourth day of October of the year one thousand nine hundred and thirty-six, the following Convention, which may be cited as the Shipowners' Liability (Sick and Injured Seamen) Convention, 1936:
Article 1
1. This Convention applies to all persons employed on board any vessel, other than a ship of war, registered in a territory for which this Convention is in force and ordinarily engaged in maritime navigation.
2. Provided that any Member of the International Labour Organisation may in its national laws or regulations make such exceptions as it deems necessary in respect of--
(a) persons employed on board,
(i) vessels of public authorities when such vessels are not engaged in trade;
(ii) coastwise fishing boats;
(iii) boats of less than twenty-five tons gross tonnage;
(iv) wooden ships of primitive build such as dhows and junks;
(b) persons employed on board by an employer other than the shipowner;
(c) persons employed solely in ports in repairing, cleaning, loading or unloading vessels;
(d) members of the shipowner's family;
(e) pilots.
Article 2
1. The shipowner shall be liable in respect of--
(a) sickness and injury occurring between the date specified in the articles of agreement for reporting for duty and the termination of the engagement;
(b) death resulting from such sickness or injury.
2. Provided that national laws or regulations may make exceptions in respect of--
(a) injury incurred otherwise than in the service of the ship;
(b) injury or sickness due to the wilful act, default or misbehaviour of the sick, injured or deceased person;
(c) sickness or infirmity intentionally concealed when the engagement is entered into.
3. National laws or regulations may provide that the shipowner shall not be liable in respect of sickness, or death directly attributable to sickness, if at the time of engagement the person employed refused to be medically examined.
Article 3
For the purpose of this Convention, medical care and maintenance at the expense of the shipowner comprises--
(a) medical treatment and the supply of proper and sufficient medicines and therapeutical appliances; and
(b) board and lodging.
Article 4
1. The shipowner shall be liable to defray the expense of medical care and maintenance until the sick or injured person has been cured, or until the sickness or incapacity has been declared of a permanent character.
2. Provided that national laws or regulations may limit the liability of the shipowner to defray the expense of medical care and maintenance to a period which shall not be less than sixteen weeks from the day of the injury or the commencement of the sickness.
3. Provided also that, if there is in force in the territory in which the vessel is registered a scheme applying to seamen of compulsory sickness insurance, compulsory accident insurance or workmen's compensation for accidents, national laws or regulations may provide--
(a) that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to medical benefits under the insurance or compensation scheme;
(b) that the shipowner shall cease to be liable from the time prescribed by law for the grant of medical benefits under the insurance or compensation scheme to the beneficiaries of such schemes, even when the sick or injured person is not covered by the scheme in question, unless he is excluded from the scheme by reason of any restriction which affects particularly foreign workers or workers not resident in the territory in which the vessel is registered.
Article 5
1. Where the sickness or injury results in incapacity for work the shipowner shall be liable--
(a) to pay full wages as long as the sick or injured person remains on board; (b) if the sick or injured person has dependants, to pay wages in whole or in part as prescribed by national laws or regulations from the time when he is landed until he has been cured or the sickness or incapacity has been declared of a permanent character.
2. Provided that national laws or regulations may limit the liability of the shipowner to pay wages in whole or in part in respect of a person no longer on board to a period which shall not be less than sixteen weeks from the day of the injury or the commencement of the sickness.
3. Provided also that, if there is in force in the territory in which the vessel is registered a scheme applying to seamen of compulsory sickness insurance, compulsory accident insurance or workmen's compensation for accidents, national laws or regulations may provide--
(a) that a shipowner shall cease to be liable in respect of a sick or injured person from the time at which that person becomes entitled to cash benefits under the insurance or compensation scheme;
(b) that the shipowner shall cease to be liable from the time prescribed by law for the grant of cash benefits under the insurance or compensation scheme to the beneficiaries of such schemes, even when the sick or injured person is not covered by the scheme in question, unless he is excluded from the scheme by reason of any restriction which affects particularly foreign workers or workers not resident in the territory in which the vessel is registered.
Article 6
1. The shipowner shall be liable to defray the expense of repatriating every sick or injured person who is landed during the voyage in consequence of sickness or injury.
2. The port to which the sick or injured person is to be returned shall be--
(a) the port at which he was engaged; or
(b) the port at which the voyage commenced; or
(c) a port in his own country or the country to which he belongs; or
(d) another port agreed upon by him and the master or shipowner, with the approval of the competent authority.
3. The expense of repatriation shall include all charges for the transportation, accommodation and food of the sick or injured person during the journey and his maintenance up to the time fixed for his departure.
4. If the sick or injured person is capable of work, the shipowner may discharge his liability to repatriate him by providing him with suitable employment on board a vessel proceeding to one of the destinations mentioned in paragraph 2 of this Article.
Article 7
1. The shipowner shall be liable to defray burial expenses in case of death occurring on board, or in case of death occurring on shore if at the time of his death the deceased person was entitled to medical care and maintenance at the shipowner's expense.
2. National laws or regulations may provide that burial expenses paid by the shipowner shall be reimbursed by an insurance institution in cases in which funeral benefit is payable in respect of the deceased person under laws or regulations relating to social insurance or workmen's compensation.
Article 8
National laws or regulations shall require the shipowner or his representative to take measures for safeguarding property left on board by sick, injured or deceased persons to whom this Convention applies.
Article 9
National laws or regulations shall make provision for securing the rapid and inexpensive settlement of disputes concerning the liability of the shipowner under this Convention.
Article 10
The shipowner may be exempted from liability under Articles 4, 6 and 7 of this Convention in so far as such liability is assumed by the public authorities.
Article 11
This Convention and national laws or regulations relating to benefits under this Convention shall be so interpreted and enforced as to ensure equality of treatment to all seamen irrespective of nationality, domicile or race.
Article 12
Nothing in this Convention shall affect any law, award, custom or agreement between shipowners and seamen which ensures more favourable conditions than those provided by this Convention.
Article 13
1. In respect of the territories referred to in article 35 of the Constitution of the International Labour Organisation, each Member of the Organisation which ratifies this Convention shall append to its ratification a declaration stating--
a) the territories in respect of which it undertakes to apply the provisions of the Convention without modification;
b) the territories in respect of which it undertakes to apply the provisions of the Convention subject to modifications, together with details of the said modifications;
c) the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
d) the territories in respect of which it reserves its decision.
2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.
3. Any Member may by a subsequent declaration cancel in whole or in part any reservations made in its original declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of this Article.
Article 14
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 15
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article16
As soon as the ratifications of two Members of the International Labour Organisation have been registered, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organisation.
Article 17
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 18
At the expiration of each period of ten years after the coming into force of this Convention, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall consider the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 19
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 17 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 20
The English and French texts of this Convention shall both be authentic.
Cross references
Constitution: 35:article 35 of the Constitution of the International Labour Organisation
C056 Sickness Insurance (Sea) Convention, 1936
Convention concerning Sickness Insurance for Seamen
(Note: Date of coming into force: 09:12:1949.)
Convention:C056
Place:Geneva
Session of the Conference:21
Date of adoption:24:10:1936
Subject classification: Social Security
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Twenty-first Session on 6 October 1936, and
Having decided upon the adoption of certain proposals with regard to sickness insurance for seamen, which is included in the second item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-fourth day of October of the year one thousand nine hundred and thirty-six, the following Convention, which may be cited as the Sickness Insurance (Sea) Convention, 1936:
Article 1
1. Every person employed as master or member of the crew or otherwise in the service of the ship, on board any vessel, other than a ship of war, registered in a territory for which this Convention is in force and engaged in maritime navigation or sea-fishing, shall be insured under a compulsory sickness insurance scheme.
2. Provided that any Member of the International Labour Organisation may in its national laws or regulations make such exceptions as it deems necessary in respect of--
(a) persons employed on board vessels of public authorities when such vessels are not engaged in trade;
(b) persons whose wages or income exceed a prescribed amount;
(c) persons who are not paid a money wage;
(d) persons not resident in the territory of the Member;
(e) persons below or above prescribed age-limits;
(f) members of the employer's family;
(g) pilots.
Article 2
1. An insured person who is rendered incapable of work and deprived of his wages by reason of sickness shall be entitled to a cash benefit for at least the first twenty-six weeks or one hundred and eighty days of incapacity from and including the first day for which benefit is payable.
2. The right to benefit may be made conditional upon the completion of a qualifying period and of a waiting period of a few days to be counted from the beginning of the incapacity.
3. The cash benefit granted to the insured person shall never be fixed at a rate lower than that fixed by the general scheme of compulsory sickness insurance, where such a scheme exists but does not apply to seamen.
4. Cash benefit may be withheld--
(a) while the insured person is on board or abroad;
(b) while the insured person is maintained by the insurance institution or from public funds. Provided that in such case it shall only partially be withheld when the insured person has family responsibilities;
(c) while in respect of the same illness the insured person receives compensation from another source to which he is entitled by law, so however that in such case benefit shall only be wholly or partially withheld if and so far as such compensation is equal to or less than the amount of the benefit payable under the sickness insurance scheme.
5. Cash benefit may be reduced or refused in the case of sickness caused by the insured person's wilful misconduct.
Article 3
1. The insured person shall be entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the grant of sickness benefit expires, to medical treatment by a fully qualified medical practitioner and to the supply of proper and sufficient medicines and appliances.
2. Provided that the insured person may be required to pay such part of the cost of medical benefit as may be prescribed by national laws or regulations.
3. Medical benefit may be withheld while the insured person is on board or abroad.
4. Whenever the circumstances so require, the insurance institution may provide for the treatment of the sick person in hospital and in such case shall grant him full maintenance together with the necessary medical attention and care.
Article 4
1. When the insured person is abroad and by reason of sickness has lost his right to wages, whether previously payable in whole or in part, the cash benefit to which he would have been entitled had he not been abroad shall be paid in whole or in part to his family until his return to the territory of the Member.
2. National laws or regulations may prescribe or authorise the provision of the following benefits:
(a) when the insured person has family responsibilities, a cash benefit additional to that provided for in Article 2;
(b) in case of the sickness of members of the insured person's family living in his home and dependent on him, aid in kind or in cash.
Article 5
1. National laws or regulations shall prescribe the conditions under which an insured woman, while in the territory of the Member, shall be entitled to maternity benefit.
2. National laws or regulations may prescribe the conditions under which the wife of an insured man, while in the territory of the Member, shall be entitled to maternity benefit.
Article 6
1. On the death of the insured person, a cash benefit of an amount prescribed by national laws or regulations shall be paid to the members of the family of the deceased or be applied for defraying the funeral expenses.
2. Where there is in force a pension scheme for the survivors of deceased seamen, the grant of the cash benefit provided for in the preceding paragraph shall not be compulsory.
Article 7
The right to insurance benefit shall continue even in respect of sickness occurring during a definite period after the termination of the last engagement, which period shall be fixed by national laws or regulations in such a way as to cover the normal interval between successive engagements.
Article 8
1. The insured persons and their employers shall share in providing the financial resources of the sickness insurance scheme.
2. National laws or regulations may provide for a financial contribution by the public authorities.
Article 9
1. Sickness insurance shall be administered by self-governing institutions, which shall be under the administrative and financial supervision of the public authorities and shall not be carried on with a view to profit.
2. Insured persons, and in the case of insurance institutions set up specially for seamen under laws or regulations the employers also, shall participate in the management of the institutions under such conditions as may be prescribed by national laws or regulations, which may also provide for the participation of other persons concerned.
3. Provided that the administration of sickness insurance may be undertaken directly by the State where and so long as its administration by self-governing institutions is rendered difficult or impossible by reason of national conditions.
Article10
1. The insured person shall have a right of appeal in case of dispute concerning his right to benefit.
2. The procedure for dealing with disputes shall be rendered rapid and inexpensive for the insured person by means of special courts or any other method deemed appropriate under national laws or regulations.
Article 11
Nothing in this Convention shall affect any law, award, custom or agreement between shipowners and seamen which ensures more favourable conditions than those provided by this Convention.
Article 12
1. In respect of the territories referred to in article 35 of the Constitution of the International Labour Organisation, each Member of the Organisation which ratifies this Convention shall append to its ratification a declaration stating--
a) the territories in respect of which it undertakes to apply the provisions of the Convention without modification;
b) the territories in respect of which it undertakes to apply the provisions of the Convention subject to modifications, together with details of the said modifications;
c) the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;
d) the territories in respect of which it reserves its decision.
2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.
3. Any Member may by a subsequent declaration cancel in whole or in part any reservations made in its original declaration in virtue of subparagraphs (b), (c) or (d) of paragraph 1 of this Article.
Article 13
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 14
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratifications has been registered.
Article 15
As soon as the ratifications of two Members of the International Labour Organisation have been registered, the Director-General of the International Labour Office shall so notify all the Members of the International Labour Organisation. He shall likewise notify them of the registration of ratifications which may be communicated subsequently by other Members of the Organisation.
Article 16
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 17
At the expiration of each period of ten years after the coming into force of this Convention, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 18
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 16 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 19
The English and French texts of this Convention shall both be authentic.
Cross references
Constitution: 35:article 35 of the Constitution of the International Labour Organisation
Revised: C165 The Convention was revised in 1987 by Convention No. 165
C071 Seafarers'' Pensions Convention, 1946
Convention concerning Seafarers' Pensions
(Note: Date of coming into force: 10:10:1962.)
Convention:C071
Place:Seattle
Session of the Conference:28
Date of adoption:28:06:1946
Subject classification: Social Security
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Seattle by the Governing Body of the International Labour Office, and having met in its Twenty-eighth Session on 6 June 1946, and
Having decided upon the adoption of certain proposals with regard to seafarers' pensions, which is included in the second item on the agenda of the Session, and
Having determined that these proposals shall take the form of an international Convention,
adopts the twenty-eighth day of June of the year one thousand nine hundred and forty-six, the following Convention, which may be cited as the Seafarers' Pensions Convention, 1946:
Article 1
In this Convention the term seafarer includes every person employed on board or in the service of any sea-going vessel, other than a ship of war, which is registered in a territory for which the Convention is in force.
Article 2
1. Each Member of the International Labour Organisation for which this Convention is in force shall, in accordance with national laws or regulations, establish or secure the establishment of a scheme for the payment of pensions to seafarers on retirement from sea service.
2. The scheme may embody such exceptions as the Member deems necessary in respect of--
(a) persons employed on board or in the service of--
(i) vessels of public authorities when such vessels are not engaged in trade;
(ii) vessels which are not engaged in the transport of cargo or passengers for the purpose of trade;
(iii) fishing vessels;
(iv) vessels engaged in hunting seals;
(v) vessels of less than 200 gross register tons;
(vi) wooden ships of primitive build such as dhows and junks;
(vii) in so far as ships registered in India are concerned and for a period not exceeding five years from the date of the registration of the ratification of the Convention by India, home-trade vessels of a gross register tonnage not exceeding 300 tons;
(b) members of the shipowner's family;
(c) pilots not members of the crew;
(d) persons employed on board or in the service of the ship by an employer other than the shipowner, except radio officers or operators and catering staff;
(e) persons employed in port who are not ordinarily employed at sea;
(f) salaried employees in the service of a national public authority who are entitled to benefits at least equivalent on the whole to those provided for in this Convention;
(g) persons not remunerated for their services or remunerated only by a nominal salary or wage, or remunerated exclusively by a share of profits;
(h) persons working exclusively on their own account;
(i) persons employed on board or in the service of whale-catching, floating factory or transport vessels or otherwise for the purpose of whaling or similar operations under conditions regulated by the provisions of a special collective whaling or similar agreement determining the rates of pay, hours of work and other conditions of service concluded by an organisation of seafarers concerned;
(j) persons not resident in the territory of the Member;
(k) persons not nationals of the Member.
Article 3
1. The scheme shall comply with one of the following conditions:
(a) the pensions provided by the scheme--
(i) shall be payable to seafarers having completed a prescribed period of sea service on attaining the age of fifty-five or sixty years as may be prescribed by the scheme; and
(ii) shall, together with any other social security pension payable simultaneously to the pensioner, be at a rate not less than the total obtained by computing for each year of his sea service 1.5 per cent of the remuneration on the basis of which contributions were paid in respect of him for that year if the scheme provides pensions on attaining the age of fifty-five years or 2 per cent. of such remuneration if the scheme provides pensions at the age of sixty years; or
(b) the scheme shall provide pensions the financing of which, together with the financing of any other social security pension payable simultaneously to the pensioner and any social security benefits payable to the dependants (as defined by national laws or regulations) of deceased pensioners, requires a premium income from all sources which is not less than 10 per cent. of the total remuneration on the basis of which contributions are paid to the scheme.
2. Seafarers collectively shall not contribute more than half the cost of the pensions payable under the scheme.
Article 4
1. The scheme shall make appropriate provision for the maintenance of rights in course of acquisition by persons ceasing to be subject thereto or for the payment to such persons of a benefit representing a return for the contributions credited to their account.
2. The scheme shall grant a right of appeal in any dispute arising thereunder.
3. The scheme may provide for the forfeiture or suspension of the right to a pension in whole or in part if the person concerned has acted fraudulently.
4. The shipowners and the seafarers who contribute to the cost of the pensions payable under the scheme shall be entitled to participate through representatives in the management of the scheme.
Article 5
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 6
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force six months after the date on which there have been registered ratifications by five of the following countries: United States of America, Argentine Republic, Australia, Belgium, Brazil, Canada, Chile, China, Denmark, Finland, France, United Kingdom of Great Britain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including at least three countries each of which has at least one million gross register tons of shipping. This provision is included for the purpose of facilitating and encouraging early ratification of the Convention by Member States.
3. Thereafter, this Convention shall come into force for any Member six months after the date on which its ratification has been registered.
Article 7
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an Act communicated to the Director-General of the International Labour Office for registration. Such denunciation should not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 8
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the last of the ratifications required to bring the Convention into force, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 9
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 10
At the expiration of each period of ten years after the coming into force of this Convention, the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall consider the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 11
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 7 above, if and when the new revising Convention shall have come into force;
b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 12
The English and French versions of the text of this Convention are equally authoritative.
Cross references
C165 Social Security (Seafarers) Convention (Revised), 1987
Convention concerning Social Security for Seafarers (Revised)
(Note: Date of coming into force: 02:07:1992.)
Convention:C165
Place:Geneva
Session of the Conference:74
Date of adoption:09:10:1987
Subject classification: Social Security
See the ratifications for this Convention
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Seventy-fourth Session on 24 September 1987, and
Having decided upon the adoption of certain proposals with regard to the social security protection for seafarers including those serving in ships flying flags other than those of their own country, which is the third item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention revising the Sickness Insurance (Sea) Convention, 1936, and the Social Security (Seafarers) Convention, 1946,
adopts the ninth day of October of the year one thousand nine hundred and eighty-seven, the following Convention, which may be cited as the Social Security (Seafarers) Convention (Revised), 1987.
Part I. General Provisions
Article 1
In this Convention-
(a) the term Member means any Member of the International Labour Organisation that is bound by the Convention;
(b) the term legislation includes any social security rules as well as laws and regulations;
(c) the term seafarers means persons employed in any capacity on board a seagoing ship which is engaged in the transport of cargo or passengers for the purpose of trade, is utilised for any other commercial purpose or is a seagoing tug, with the exception of persons employed on -
(i) small vessels including those primarily propelled by sail, whether or not they are fitted with auxiliary engines;
(ii) vessels such as oil rigs and drilling platforms when not engaged in navigation; the decision as to which vessels and installations are covered by clauses (i) and (ii) being taken by the competent authority of each Member in consultation with the most representative organisations of shipowners and seafarers;
(d) the term dependant has the meaning assigned to it by national legislation;
(e) the term survivors means persons defined or recognised as such by the legislation under which the benefits are awarded; where persons are defined or recognised as survivors under the relevant legislation only on the condition that they were living with the deceased, this condition shall be deemed to be satisfied in respect of persons who obtained their main support from the deceased;
(f) the term competent Member means the Member under whose legislation the person concerned can claim benefit;
(g) the term residence and resident refer to ordinary residence;
(h) the term temporarily resident refers to a temporary stay;
(i) the term repatriation means transportation to a place to which seafarers are entitled to be returned under laws and regulations or collective agreements applicable to them;
(j) the term non-contributory applies to benefits the award of which does not depend on direct financial participation by the persons protected or by their employer, or on a qualifying period of occupational activity;
(k) the term refugee has the meaning assigned to it in Article 1 of the Convention relating to the Status of Refugees of 28 July 1951 and in paragraph 2 of Article 1 of the Protocol relating to the Status of Refugees of 31 January 1967;
(l) the term stateless person has the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons of 28 September 1954.
Article 2
1. The Convention applies to all seafarers and, where applicable, their dependants and their survivors.
2. To the extent it deems practicable, after consultation with the representative organisations of fishing vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing.
Article 3
Members are bound to comply with the provisions of Article 9 or Article 11 in respect of at least three of the following branches of social security:
(a) medical care;
(b) sickness benefit;
(c) unemployment benefit;
(d) old-age benefit;
(e) employment injury benefit;
(f) family benefit;
(g) maternity benefit;
(h) invalidity benefit;
(i) survivors' benefit; including at least one of the branches specified in subparagraphs (c), (d), (e), (h) and (i).
Article 4
Each Member shall specify at the time of its ratification in respect of which of the branches mentioned in Article 3 it accepts the obligations of Article 9 or Article 11, and shall indicate separately in respect of each of the branches specified whether it undertakes to apply the minimum standards of Article 9 or the superior standards of Article 11 to that branch.
Article 5
Each Member may subsequently notify the Director-General of the International Labour Office that it accepts, with effect from the date of the notification, the obligations of this Convention in respect of one or more of the branches mentioned in Article 3 not already specified at the time of its ratification, indicating separately in respect of each of these branches whether it undertakes to apply to that branch the minimum standards of Article 9 or the superior standards of Article 11.
Article 6
A Member may by a notification to the Director-General of the International Labour Office, which shall take effect as from the date of the notification, subsequently replace the application of the provisions of Article 9 by that of the provisions of Article 11 in respect of any branch accepted.
Part II. Protection Provided
General Standards
Article 7
The legislation of each Member shall provide for seafarers to whom the legislation of that Member is applicable social security protection not less favourable than that enjoyed by shoreworkers in respect of each of the branches of social security mentioned in Article 3 for which it has legislation in force.
Article 8
Arrangements for the maintenance of rights in course of acquisition by a person who, having ceased to be subject to a Member's scheme of compulsory social security for seafarers, becomes subject to an equivalent scheme of that Member for shoreworkers, or vice versa, shall be made between the schemes concerned.
Minimum Standards
Article 9
When a Member has undertaken to apply the provisions of this Article to any branch of social security, seafarers and, where applicable, their dependants and survivors who are protected by the legislation of that Member shall be entitled to social security benefits not less favourable in respect of contingencies covered, conditions of award, level and duration than those specified in the following provisions of the Social Security (Minimum Standards) Convention, 1952, for the branch in question:
(a) for medical care in Articles 8, 10 (paragraphs 1, 2 and 3), 11 and 12 (paragraph 1);
(b) for sickness benefit in Articles 14, 16 (in conjunction with Article 65 or 66 or 67), 17 and 18 (paragraph 1);
(c) for unemployment benefit in Articles 20, 22 (in conjunction with Article 65 or 66 or 67), 23 and 24;
(d) for old-age benefit in Articles 26, 28 (in conjunction with Article 65 or 66 or 67), 29 and 30;
(e) for employment injury benefit in Articles 32, 34 (paragraphs 1, 2 and 4), 35, 36 (in conjunction with Article 65 or 66) and 38;
(f) for family benefit in Articles 40, 42, 43, 44 (in conjunction with Article 66, where applicable) and 45;
(g) for maternity benefit in Articles 47, 49 (paragraphs 1, 2 and 3), 50 (in conjunction with Article 65 or 66), 51 and 52;
(h) for invalidity benefit in Articles 54, 56 (in conjunction with Article 65 or 66 or 67), 57 and 58;
(i) for survivors' benefit in Articles 60, 62 (in conjunction with Article 65 or 66 or 67), 63 and 64.
Article 10
For the purpose of compliance with the provisions of subparagraphs (a), (b), (c), (d), (g) (as regards medical care), (h) or (i) of Article 9, a Member may take account of protection effected by means of insurance which is not made compulsory for seafarers by its legislation when this insurance-
(a) is supervised by the public authorities or administered, in accordance with prescribed standards, by joint operation of shipowners and seafarers;
(b) covers a substantial proportion of the seafarers whose earnings do not exceed those of a skilled employee; and
(c) complies, in conjunction with other forms of protection where appropriate, with the relevant provisions of the Social Security (Minimum Standards) Convention, 1952.
Superior Standards
Article 11
When a Member has undertaken to apply the provisions of this Article to any branch of social security, seafarers and, where applicable, their dependants and survivors who are protected by the legislation of that Member shall be entitled to social security benefits not less favourable in respect of contingencies covered, conditions of award, level and duration than those specified-
(a) for medical care in Articles 7 (a), 8, 9, 13, 15, 16 and 17 of the Medical Care and Sickness Benefits Convention, 1969;
(b) for sickness benefit in Articles 7 (b), 18, 21 (in conjunction with Article 22 or 23 or 24), 25 and 26 (paragraphs 1 and 3) of the Medical Care and Sickness Benefits Convention, 1969;
(c) for old-age benefit in Articles 15, 17 (in conjunction with Article 26 or 27 or 28), 18, 19 and 29 (paragraph 1) of the Invalidity, Old-Age and Survivors' Benefits Convention, 1967;
(d) for employment injury benefit in Articles 6, 9 (paragraphs 2 and 3 (introductory sentence)), 10, 13 (in conjunction with Article 19 or 20), 14 (in conjunction with Article 19 or 20), 15 (paragraph 1), 16, 17, 18 (paragraphs 1 and 2) (in conjunction with Article 19 or 20) and 21 (paragraph 1) of the Employment Injury Benefits Convention, 1964;
(e) for maternity benefit in Articles 3 and 4 of the Maternity Protection Convention (Revised), 1952;
(f) for invalidity benefit in Articles 8, 10 (in conjunction with Article 26 or 27 or 28), 11, 12, 13 and 29 (paragraph 1) of the Invalidity, Old-Age and Survivors' Benefits Convention, 1967;
(g) for survivors' benefit in Articles 21, 23 (in conjunction with Article 26 or 27 or 28), 24, 25 and 29 (paragraph 1) of the Invalidity, Old-Age and Survivors' Benefits Convention, 1967;
(h) for unemployment benefit and family benefit in any future Convention laying down standards superior to those specified in subparagraphs (c) and (f) of Article 9 which the General Conference of the International Labour Organisation has, after its coming into force, recognised as applicable for the purpose of this clause by means of a Protocol adopted in the framework of a special maritime question included in its agenda.
Article 12
For the purpose of compliance with the provisions of subparagraphs (a), (b), (c), (e) (as regards medical care), (f), (g) or (h) (unemployment benefit) of Article 11, a Member may take account of protection effected by means of insurance which is not made compulsory for seafarers by its legislation when this insurance-
(a) is supervised by the public authorities or administered, in accordance with prescribed standards, by joint operation of shipowners and seafarers;
(b) covers a substantial proportion of seafarers whose earnings do not exceed those of a skilled employee; and
(c) complies, in conjunction with other forms of protection, where appropriate, with the provisions of the Conventions referred to in the above-mentioned clauses of Article 11.
Part III. Shipowner's Liability
Article 13
The shipowner shall be required to provide to seafarers whose condition requires medical care while they are on board or who are left behind by reason of their condition in the territory of a State other than the competent Member-
(a) proper and sufficient medical care until their recovery or until their repatriation, whichever first occurs;
(b) board and lodging until they are able to obtain suitable employment or are repatriated, whichever first occurs; and
(c) repatriation.
Article 14
Seafarers who by reason of their condition are left behind in the territory of a State other than the competent Member shall continue to be entitled to their full wages (exclusive of bonuses) from the time when they are left behind until they receive an offer of suitable employment, or until they are repatriated, or until the expiry of a period of a length (which shall not be less than 12 weeks) prescribed by the national laws or regulations of that Member or by collective agreement, whichever event first occurs. The shipowner shall cease to be liable for the payment of wages from the time such seafarers are entitled to cash benefits under the legislation of the competent Member.
Article 15
Seafarers who by reason of their condition are repatriated or are landed in the territory of the competent Member shall continue to be entitled to their full wages (exclusive of bonuses) from the time when they are repatriated or landed until their recovery, or until the expiry of a period of a length (which shall not be less than 12 weeks) prescribed by the national laws or regulations of that Member or by collective agreement, whichever event first occurs. Any period during which wages were paid by virtue of Article 14 shall be deducted from such period. The shipowner shall cease to be liable for the payment of wages from the time such seafarers are entitled to cash benefits under the legislation of the competent Member.
Part IV. Protection of Foreign or Migrant Seafarers
Article 16
The following rules shall apply to seafarers who are or have been subject to the legislation of one or more Members, as well as, where applicable, to their dependants and their survivors, in respect of any branch of social security specified in Article 3 for which any such Member has legislation applicable to seafarers in force.
Article 17
With a view to avoiding conflicts of laws and the undesirable consequences that might ensue for those concerned either through lack of protection or as a result of undue plurality of contributions or other liabilities or of benefits, the legislation applicable in respect of seafarers shall be determined by the Members concerned in accordance with the following rules:
(a) seafarers shall be subject to the legislation of one Member only;
(b) in principle this legislation shall be
- the legislation of the Member whose flag the ship is flying, or
- the legislation of the Member in whose territory the seafarer is resident;
(c) notwithstanding the rules set forth in the preceding subparagraphs, Members concerned may determine, by mutual agreement, other rules concerning the legislation applicable to seafarers, in the interest of the persons concerned.
Article 18
Seafarers who are subject to the legislation of a Member and are nationals of another Member, or are refugees or stateless persons resident in the territory of a Member, shall enjoy under that legislation equality of treatment with the nationals of the first Member, both as regards coverage and as regards the right to benefits. They shall enjoy equality of treatment without any condition of residence on the territory of the first Member if its nationals are protected without any such condition. This requirement shall also apply, where appropriate, as regards the right to benefit of seafarers' dependants and survivors irrespective of their nationality.
Article 19
Notwithstanding the provisions of Article 18, the award of non-contributory benefits may be made conditional on the beneficiary having resided in the territory of the competent Member or, in the case of survivors' benefit, on the deceased having resided there for a period which may not be set at more than-
(a) six months immediately preceding the lodging of the claim, for unemployment benefit and maternity benefit;
(b) five consecutive years immediately preceding the lodging of the claim, for invalidity benefit, or immediately preceding the death, for survivors' benefit;
(c) ten years between the age of 18 and the pensionable age, of which it may be required that five years shall immediately precede the lodging of the claim, for old-age benefit.
Article 20
The laws and regulations of each Member relating to shipowners' liability provided for in Articles 13 to 15 shall ensure equality of treatment to seafarers irrespective of their place of residence.
Article 21
Each Member shall endeavour to participate with every other Member concerned in schemes for the maintenance of rights in course of acquisition, as regards each branch of social security specified in Article 3, for which each of these Members has legislation in force, for the benefit of persons who have been subject successively or alternately, in the capacity of seafarers, to the legislation of the said Members.
Article 22
The schemes for the maintenance of rights in course of acquisition referred to in Article 21 shall provide for the adding together, to the extent necessary, of periods of insurance, employment or residence, as the case may be, completed under the legislation of the Members concerned for the purposes of acquisition, maintenance or recovery of rights and, as the case may be, calculation of benefits.
Article 23
The schemes for the maintenance of rights in course of acquisition referred to in Article 21 shall determine the formula for awarding invalidity, old-age and survivors' benefits, as well as the apportionment, where appropriate, of the costs involved.
Article 24
Each Member shall guarantee the provision of invalidity, old-age and survivors' cash benefits, pensions in respect of employment injuries and death grants, to which a right is acquired under its legislation, to beneficiaries who are nationals of a Member or refugees or stateless persons, irrespective of their place of residence, subject to measures for this purpose being taken, where necessary, by agreement between the Members or with the States concerned.
Article 25
Notwithstanding the provisions of Article 24, in the case of non-contributory benefits the Members concerned shall determine by mutual agreement the conditions under which the provision of these benefits shall be guaranteed to beneficiaries resident outside the territory of the competent Member.
Article 26
A Member having accepted the obligations of the Equality of Treatment (Social Security) Convention, 1962, for one or more of the branches of social security referred to in Article 24, but not those of the Maintenance of Social Security Rights Convention, 1982, may, in respect of each branch for which it has accepted the obligations of the first-mentioned Convention, derogate from the provisions of Article 24 and apply in its place the provisions of Article 5 of that Convention.
Article 27
Members concerned shall endeavour to participate in schemes for the maintenance of rights acquired under their legislation as regards each of the following branches of social security for which each of these Members has legislation applicable to seafarers in force: medical care, sickness benefit, unemployment benefit, employment injury benefits other than pensions and death grants, family benefit and maternity benefit. These schemes shall guarantee such benefits to persons resident or temporarily resident in the territory of one of these Members other than the competent Member, under conditions and within limits to be determined by mutual agreement between the Members concerned.
Article 28
The provisions of this Part do not apply to social and medical assistance.
Article 29
Members may derogate from the provisions of Articles 16 to 25 and Article 27 by making special arrangements in the framework of bilateral or multilateral instruments concluded amongst two or more of them, on condition that these do not affect the rights and obligations of other Members and provide for the protection of foreign or migrant seafarers in matters of social security under provisions which, in the aggregate, are at least as favourable as those required under these Articles.
Part V. Legal and Administrative Safeguards
Article 30
Every person concerned shall have a right of appeal in case of refusal of the benefit or complaint as to its nature, level, amount or quality.
Article 31
Where a government department responsible to a legislature is entrusted with the administration of medical care, every person concerned shall have a right, in addition to the right of appeal provided for in Article 30, to have a complaint concerning the refusal of medical care or the quality of the care received investigated by the appropriate authority.
Article 32
Each Member shall make provision for securing the rapid and inexpensive settlement of disputes concerning the shipowner's liability provided for in Articles 13 to 15.
Article 33
Members shall accept general responsibility for the due provision of the benefits provided in compliance with this Convention and shall take all measures required for this purpose.
Article 34
Members shall accept general responsibility for the proper administration of the institutions and services concerned in the application of this Convention.
Article 35
Where the administration is not entrusted to an institution regulated by the public authorities or to a government department responsible to a legislature-
(a) representatives of the seafarers protected shall participate in the management under conditions prescribed by national legislation;
(b) national legislation shall also, where appropriate, provide for the participation of representatives of the shipowners;
(c) national legislation may also provide for the participation of representatives of the public authorities.
Part VI. Final Provisions
Article 36
This Convention revises the Sickness Insurance (Sea) Convention, 1936, and the Social Security (Seafarers) Conventions, 1946.
Article 37
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 38
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General of the International Labour Office.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General of the International Labour Office.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 39
Each Member which ratifies this Convention undertakes to apply it to non-metropolitan territories for whose international relations it is responsible in accordance with the provisions of the Constitution of the International Labour Organisation.
Article 40
1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.
Article 41
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General of the International Labour Office shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 42
The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications and acts of denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 43
At such times as it may consider necessary the Governing Body of the International Labour Office shall present to the General Conference a report on the working of this Convention and shall examine the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 44
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides -
(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 40 above, if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.
Article 45
The English and French versions of the text of this Convention are equally authoritative.
Cross references
Revised: C056 This Convention revises the Sickness Insurance (Sea) Convention, 1936
Revised: C070 This Convention revises the Social Security (Seafarers) Convention, 1946
Conventions: C102 Social Security (Minimum Standards) Convention, 1952
Conventions: C130 Medical Care and Sickness Benefits Convention, 1969
Conventions: C128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967
Conventions: C121 Employment Injury Benefits Convention, 1964
Conventions: C103 Maternity Protection Convention Revised), 1952
Conventions: C118 Equality of Treatment (Social Security) Convention, 1962
Conventions: C157 Maintenance of Social Security Rights Convention, 1982
R010 Unemployment Insurance (Seamen) Recommendation, 1920
Recommendation concerning Unemployment Insurance for Seamen
Recommendation:R010
Place:Genoa
Session of the Conference:2
Date of adoption=09:07:1920
Subject classification: Social Security
The General Conference of the International Labour Organisation,
Having been convened at Genoa by the Governing Body of the International Labour Office on the 15 June 1920, and
Having decided upon the adoption of certain proposals with regard to the supervision of articles of agreement; provision of facilities for finding employment for seamen; application to seamen of the Convention and Recommendations adopted at Washington in November last in regard to unemployment and unemployment insurance, which is the second item in the agenda for the Genoa meeting of the Conference, and
Having determined that these proposals shall take the form of a Recommendation,
adopts the following Recommendation, which may be cited as the Unemployment Insurance (Seamen) Recommendation, 1920, to be submitted to the Members of the International Labour Organisation for consideration with a view to effect being given to it by national legislation or otherwise, in accordance with the provisions of the Constitution of the International Labour Organisation:
The General Conference, with a view to securing the application to seamen of Part III of the Recommendation concerning unemployment adopted at Washington on 28 November 1919, recommends that each Member of the International Labour Organisation should establish for seamen an effective system of insurance against unemployment arising out of shipwreck or any other cause, either by means of Government insurance or by means of Government subventions to industrial organisations whose rules provide for the payment of benefits to their unemployed members.
Cross references