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工资、船上工作时间和配员公约(1949年修正本)(一)

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工资、船上工作时间和配员公约(1949年修正本)
CONVENTION No. 93 Convention concerning Wages, Hours of Work on Board Ship and Manning (Revised 1949)

第93号公约
颁布日期:19490618  颁布单位:日内瓦

  [This Convention had come into force by 1 September 1965. It was revised in 1958 by Convention 109.]

  The General Conference of the International Labour Organization,

  Having been convened at Geneva by the Governing Body of theInternational Labour Office, and having met in its Thirty-second Sessionon 8 June 1949, and

  Having decided upon the adoption of certain proposals with regard tothe partial revision of the Wages, Hours of Work and Manning (Sea)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 aninternational Convention, adopts this eighteenth day of June of the yearone thousand nine hundred and forty-nine the following Convention, whichmay be cited as the Wages, Hours of Work and Manning (Sea) Convention(Revised), 1949:

  PART I. GENERAL PROVISIONS

  Article 1

  Nothing in this Convention shall be deemed to prejudice any provisionconcerning wages, hours of work on board ship, or manning, by law, award,custom or agreement between shipowners and seafarers, which ensures theseafarers conditions more favourable than those provided for by thisConvention.

  Article 2

  1. This Convention applies to every vessel, whether publicly orprivately owned, which is——

  (a) mechanically propelled;

  (b) registered in a territory for which the Convention is inforce;

  (c) engaged in the transport of cargo or passengers for thepurpose of trade; and

  (d) engaged in a voyage by sea.

  2. This Convention does not apply to——

  (a) vessels of less than 500 gross register tons;

  (b) wooden vessels of primitive build such as dhows and junks;

  (c) vessels engaged in fishing or in operations directly connectedtherewith;

  (d) estuarial craft.

  Article 3

  This Convention applies to every person who is engaged in any capacityon board a vessel except——

  (a) a master;

  (b) a pilot not a member of the crew;

  (c) a doctor;

  (d) nursing staff engaged exclusively on nursing duties andhospital staff;

  (e) persons whose duties are connected solely with the cargo onboard;

  (f) persons working exclusively on their own account orremunerated exclusively by a share of profits or earnings;

  (g) persons not remunerated for their services or remunerated onlyby a nominal salary or wage;

  (h) persons, excluding those in the service of a wirelesstelegraphy company, who are employed on board by an employer other thanthe shipowner;

  (i) travelling dockers (longshoremen) not members of the crew;

  (j) persons employed in whale-catching, floating factory ortransport vessels or otherwise for the purpose of whaling or similaroperations under conditions regulated by the provisions of a specialcollective whaling or similar agreement determining the rates of pay,hours of work and other conditions of service concluded by an organizationof seafarers;

  (k) persons who are not members of the crew (whether working on oroff articles) but are employed while the vessel is in port on repairing,cleaning, loading or unloading the vessel or similar work or on portrelief, maintenance, watch or caretaking duties.

  Article 4

  In this Convention——

  (a) the term “officer” means a person other than a master who isdescribed in the ship's articles as an officer or who is serving in acapacity which by law, collective agreement or custom is recognised asthat of an officer;

  (b) the term “rating” means a member of the crew other than amaster or officer and includes a certificated seaman;

  (c) the term “able seaman” means any person who by national lawsor regulations, or in the absence of such laws or regulations bycollective agreement, is deemed to be competent to perform any duty whichmay be required of a rating serving in the deck department other than theduties of a leading or specialist rating;

  (d) the term “basic pay or wages” means the remuneration of anofficer or rating in cash, exclusive of overtime, premiums or any otherallowances either in cash or in kind.

  PART II. WAGES

  Article 5

  1. The basic pay or wages for a calendar month of service of an ableseaman employed in a vessel to which this Convention applies shall not beless than sixteen pounds in currency of the United Kingdom of GreatBritain and Northern Ireland or sixty-four dollars in currency of theUnited States of America or the equivalent thereof in other currency.

  2. In the event of a change in the par value of the pound or thedollar being notified to the International Monetary Fund——

  (a) the minimum basic wage prescribed in paragraph 1 of thisArticle in terms of the currency in respect of which such notification hasbeen made shall be adjusted so as to maintain equivalence with the othercurrency;

  (b) the adjustment shall be notified by the Director-General ofthe International Labour Office to the Members of the International LabourOrganization; and

  (c) the minimum basic wage so adjusted shall be binding uponMembers which have ratified the Convention in the same manner as the wageprescribed in paragraph 1 of this Article, and shall take effect for eachsuch Member not later than the beginning of the second calendar monthfollowing that in which the Director-General communicates the change toMembers.

  Article 6

  1. In the case of ships in which are employed such groups of ratingsas necessitate the employment of larger groups of ratings than wouldotherwise be employed the minimum basic pay or wages of an able seamanshall be an amount fixed as the adjusted equivalent of the minimum basicpay or wages stipulated in the preceding Article.

  2. The adjusted equivalent shall be fixed in accordance with theprinciple of equal pay for equal work and due allowance shall be madefor——

  (a) the extra number of ratings of such groups who are employed;and

  (b) any increase or decrease in cost to the shipowner consequenton the employment of such groups of ratings.

  3. The adjusted equivalent shall be determined by collective agreementbetween the organizations of shipowners and seafarers concerned or,failing such agreement and subject to both countries concerned havingratified the Convention, by the competent authority of the territory ofthe group of seafarers concerned.

  Article 7

  If meals are not provided free of charge, the minimum basic pay orwages shall be increased by an amount to be determined by collectiveagreement between the organizations of shipowners and seafarers concernedor, failing such agreement, by the competent authority.

  Article 8

  1. The rate to be used for determining the equivalent in othercurrency of the minimum basic pay or wages prescribed in Article 5 shallbe the ratio between the par value of that currency and the par value ofthe pound of the United Kingdom of Great Britain and Northern Ireland orof the dollar of the United States of America.

  2. In the case of the currency of a Member of the International LabourOrganization which is a Member of the International Monetary Fund the parvalue shall be that currently in effect under the Articles of Agreement ofthe International Monetary Fund.

  3. In the case of the currency of a Member of the International LabourOrganization which is not a Member of the International Monetary Fund, thepar value shall be the official rate of exchange, in terms of gold or ofthe dollar of the United States of America of the weight and fineness ineffect on 1 July 1944, currently in effect for payments and transfers forcurrent international transactions.

  4. In the case of any currency which cannot be dealt with under theprovisions of either of the two preceding paragraphs——

  (a) the rate to be adopted for the purpose of this Article shallbe determined by the Member of the International Labour Organizationconcerned;

  (b) the Member concerned shall notify its decision to theDirector-General of the International Labour Office, who shall forthwithinform the other Members which have ratified this Convention;

  (c) within a period of six months from the date on which theinformation is communicated by the Director-General, any other Memberwhich has ratified the Convention may inform the Director-General of theInternational Labour Office that it objects to the decision, and theDirector-General shall thereupon inform the Member concerned and the otherMembers which have ratified the Convention and shall report the matter tothe Committee provided for in Article 21;

  (d) the foregoing provisions shall apply in the event of anychange in the decision of the Member concerned.

  5. A change in basic pay or wages as a result of a change in the ratefor determining the equivalent in other currency shall take effect notlater than the beginning of the second calendar month following that inwhich the change in the relative par values of the currencies concernedbecomes effective.

  Article 9

  Each Member shall take the necessary measures——

  (a) to ensure, by way of a system of supervision and sanctions,that remuneration is paid at not less than the rate required by thisConvention; and

  (b) to ensure that any person who has been paid at a rate lessthan that required by this Convention is enabled to recover, by aninexpensive and expeditious judicial or other procedure, the amount bywhich he has been underpaid.

  PART III. HOURS OF WORK ON BOARD SHIP

  Article 10

  This Part of this Convention does not apply to——

  (a) a chief officer or chief engineer;

  (b) a purser;

  (c) any other officer in charge of a department who does not keepwatch;

  (d) a person employed in the clerical or catering department of avessel who is——

  (i) serving in a superior grade as defined by a collectiveagreement between the organizations of shipowners and seafarers concerned;or

  (ii) working chiefly on his own account; or

  (iii) remunerated solely on a commission basis or chiefly by ashare of profits or earnings.

  Article 11

  In this Part of this Convention——

  (a) the term “near trade ship” means a vessel exclusively engagedin voyages upon which it does not proceed farther from the country fromwhich it trades than the near-by ports of neighbouring countries withingeographical limits which——

  (i) are clearly specified by national laws, regulations or bycollective agreement between organizations of shipowners and seafarers;

  (ii) are uniform in respect of the application of all theprovisions of this Part of the Convention;

  (iii) have been notified by the Member when registering itsratification by a declaration annexed thereto; and

  (iv) have been fixed consultation with the other Membersconcerned;

  (b) the term “distant trade ship” means a vessel other than a neartrade ship;

  (c) the term “passenger ship” means a vessel licensed to carrymore than twelve passengers;

  (d) the term “hours of work” means time during which a person isrequired by the orders of a superior to do work on account of the vesselor the owner.

  Article 12

  1. This Article applies to officers and ratings employed in the deck,engine-room and radio departments of near trade ships.

  2. The normal hours of work of an officer or rating shall not exceed——

  (a) when the vessel is at sea, twenty-four hours in any period oftwo consecutive days;

  (b) when the vessel is in port——

  (i) on the weekly day of rest, such time not exceeding twohours as is necessary for ordinary routine and sanitary duties;

  (ii) on other days, eight hours except where a collectiveagreement provides for less on any day;

  (c) one hundred and twelve hours in a period of two consecutiveweeks.

  3. Time worked in excess of the limits prescribed in subparagraphs (a)and (b) of paragraph 2 shall be regarded as overtime for which the officeror rating concerned shall be entitled to compensation in accordance withthe provisions of Article 17 of this Convention.

  4. When the total number of hours worked in a period of twoconsecutive weeks, excluding hours regarded as overtime, exceeds onehundred and twelve, the officer or rating concerned shall be compensatedby time off in port or otherwise as may be determined by collectiveagreement between the organizations of shipowners and seafarers concerned.

  5. National laws or regulations or collective agreements shalldetermine when a ship is to be regarded as being at sea and when it is tobe regarded as being in port for the purposes of this Article.

  Article 13

  1. This Article applies to officers and ratings employed in the deck,engine-room and radio departments of distant trade ships.

  2. When the vessel is at sea and on days of sailing and arrival, thenormal hours of work of an officer or rating shall not exceed eight hoursin any one day.

  3. When the vessel is in port, the normal hours of work of an officeror rating shall not exceed——

  (a) on the weekly day of rest, such time not exceeding two hoursas is necessary for ordinary routine and sanitary duties;

  (b) on other days, eight hours except where a collective agreementprovides for less on any day.

  4. Time worked in excess of the daily limits prescribed in thepreceding paragraphs shall be regarded as overtime for which the officeror rating shall be entitled to compensation in accordance with theprovisions of Article 17 of this Convention.

  5. When the total number of hours worked in a period of one week,excluding hours regarded as overtime, exceeds forty-eight, the officer orrating shall be compensated by time off in port or otherwise as may bedetermined by collective agreement between the organizations of shipownersand seafarers concerned.

  6. National laws or regulations or collective agreements shalldetermine when a ship is to be regarded as being at sea and when it is tobe regarded as being in port for the purposes of this Article.

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