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设立海员职业介绍所公约 CONVENTION No.9 Convention for Establishing Facilities for FindingEmployment for Seamen

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第9号公约
颁布日期:19200615  实施日期:19211123  颁布单位:热那亚

  [Date of coming into force: 23 November 1921.]

  The General Conference of the International Labour Organization,

  Having been convened at Genoa by the Governing Body of theInternational Labour Office, on the 15th day of June 1920, and

  Having decided upon the adoption of certain proposals with regard tothe supervision of articles of agreement; provision of facilities forfinding employment for seamen; application to seamen of the Convention andRecommendations adopted at Washington in November last in regard tounemployment and unemployment insurance, which is the second item in theagenda for the Genoa meeting of the Conference, and

  Having determined that these proposals shall take the form of aninternational Convention, adopts the following Convention, which may becited as the Placing of Seamen Convention, 1920, for ratification by theMembers of the International Labour Organization in accordance with theprovisions of the Constitution of the International Labour Organization:Article 1

  For the purpose of this Convention, the term “seamen” includes allpersons, except officers, employed as members of the crew on vesselsengaged in maritime navigation.Article 2

  1. The business of finding employment for seamen shall not be carriedon by any person, company, or other agency, as a commercial enterprisefor pecuniary gain; nor shall any fees be charged directly or indirectlyby any person, company or other agency, for finding employment for seamenon any ship.

  2. The law of each country shall provide punishment for any violationof the provisions of this Article.Article 3

  1. Notwithstanding the provisions of Article 2, any person, company oragency, which has been carrying on the work of finding employment forseamen as a commercial enterprise for pecuniary gain, may be permitted tocontinue temporarily under Government licence, provided that such work iscarried on under Government inspection and supervision, so as to safeguardthe rights of all concerned.

  2. Each Member which ratifies this Convention agrees to take allpracticable measures to abolish the practice of finding employment forseamen as a commercial enterprise for pecuniary gain as soon as possible.Article 4

  1. Each Member which ratifies this Convention agrees that there shallbe organised and maintained an efficient and adequate system of publicemployment offices for finding employment for seamen without charge. Suchsystem may be organised and maintained, either

  (a) by representative associations of shipowners and seamen jointlyunder 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 bypersons having practical maritime experience.

  3. Where such employment offices of different types exist, steps shallbe taken to co-ordinate them on a national basis.Article 5

  Committees consisting of an equal number of representatives ofshipowners and seamen shall be constituted to advise on matters concerningthe carrying on of these offices. The Government in each country may makeprovision for further defining the powers of these committees,particularly with reference to the committees' selection of their chairmenfrom outside their own membership, to the degree of State supervision, andto the assistance which such committees shall have from persons interestedin the welfare of seamen.Article 6

  In connection with the employment of seamen, freedom of choice of shipshall be assured to seamen and freedom of choice of crew shall be assuredto shipowners.Article 7

  The necessary guarantees for protecting all parties concerned shall beincluded in the contract of engagement or articles of agreement, andproper facilities shall be assured to seamen for examining such contractor articles before and after signing.Article 8

  Each Member which ratifies this Convention will take steps to see thatthe facilities for employment of seamen provided for in this Conventionshall, if necessary by means of public offices, be available for theseamen of all countries which ratify this Convention, and where theindustrial conditions are generally the same.Article 9

  Each country shall decide for itself whether provisions similar tothose in this Convention shall be put in force for deck-officers andengineer-officers.Article 10

  1. Each Member which ratifies this Convention shall communicate to theInternational Labour Office all available information, statistical orotherwise, concerning unemployment among seamen and concerning the work ofits seamen's employment agencies.

  2. The International Labour Office shall take steps to secure theco-ordination of the various national agencies for finding employment forseamen, in agreement with the Governments or organizations concerned ineach country.Article 11

  1. Each Member of the International Labour Organization which ratifiesthis Convention engages to apply it to its colonies, protectorates andpossessions which are not fully self-governing——

  (a) except where owing to the local conditions its provisions areinapplicable; or

  (b) subject to such modifications as may be necessary to adapt itsprovisions to local conditions.

  2. Each Member shall notify to the International Labour Office theaction taken in respect of each of its colonies, protectorates andpossessions which are not fully self-governing.Article 12

  The formal ratifications of this Convention, under the conditions setforth in the Constitution of the International Labour Organization, shallbe communicated to the Director-General of the International Labour Officefor registration.Article 13

  As soon as the ratifications of two Members of the InternationalLabour Organization have been registered with the International LabourOffice, the Director-General of the International Labour Office shall sonotify all the Members of the International Labour Organization.Article 14

  This Convention shall come into force at the date on which suchnotification is issued by the Director-General of the International LabourOffice, and it shall then be binding only upon those Members which haveregistered their ratifications with the International Labour Office.Thereafter this Convention will come into force for any other Member atthe date on which its ratification is registered with the InternationalLabour Office.Article 15

  Subject to the provisions of Article 14, each Member which ratifiesthis Convention agrees to bring its provisions into operation not laterthan 1 July 1922, and to take such action as may be necessary to makethese provisions effective.Article 16

  A Member which has ratified this Convention may denounce it after theexpiration of five years from the date on which the Convention first comesinto force, by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered withthe International Labour Office.Article 17

  At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.Article 18

  The French and English texts of this Convention shall both theauthentic.

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