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海员带薪休假公约(1949年修正本) CONVENTION No.91 Convention concerning Vacation Holidays with Pay for Seafarers (Revised 1949)

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第91号公约
颁布日期:19490618  颁布单位:日内瓦

  [This Convention had not come into force by 1 September 1965.]

  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 Paid Vacations (Seafarers) Convention, 1946,adopted by the Conference at its Twenty-eighth Session, which is includedin 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 Paid Vacations (Seafarers) Convention (Revised),1949:

  Article 1

  1. This Convention applies to every sea-going mechanically propelledvessel, whether publicly or privately owned, engaged in the transport ofcargo or passengers for the purpose of trade and registered in a territoryfor which this Convention is in force.

  2. National laws or regulations shall determine when vessels are to beregarded as seagoing 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 connectedtherewith or in sealing or similar pursuits;

  (c) estuarial craft.

  4. National laws or regulations or collective agreements may providefor the exemption from the provisions of this Convention of vessels ofless than 200 gross register tons.

  Article 2

  1. This Convention applies to every person who is engaged in anycapacity 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 andhospital staff not members of the crew;

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

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

  (f) persons employed on board by an employer other than theshipowner, except radio officers or operators in the service of a wirelesstelegraphy company;

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

  (h) persons employed in whale-catching vessels, in floatingfactories, or otherwise for the purpose of whaling or similar operationsunder conditions regulated by the provisions of a special collectivewhaling or similar agreement determining the rates of pay, hours of workand other conditions of service concluded by an organization of seafarers;

  (i) persons employed in port who are not ordinarily employed atsea.

  2. The competent authority may, after consultation with theorganizations of shipowners and seafarers concerned, exempt from theapplication of the Convention masters, chief navigating officers and chiefengineers who by virtue of national laws or regulations or collectiveagreements enjoy conditions of service which are not less favourable inrespect of annual leave than those required by the Convention.

  Article 3

  1. Every person to whom this Convention applies shall be entitledafter twelve months of continuous service to an annual vacation holidaywith pay, the duration of which shall be——

  (a) in the case of masters, officers and radio officers oroperators, not less than that eighteen working days for each year ofservice;

  (b) in the case of other members of the crew, not less than twelveworking days for each year of service.

  2. A person with not less than six months of continuous service shallon leaving such service be entitled in respect of each complete month ofservice 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 thecase of another member of the crew.

  3. A person who is discharged through on fault of his own before hehas completed six months of continuous service shall on leaving suchservice be entitled in respect of each complete month of service to oneand a half working days' leave in the case of a master, officer, or radioofficer or operator, and one working day's leave in the case of anothermember 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 ofcontinuous service;

  (b) short interruptions of service not due to the act or fault ofthe employee and not exceeding a total of six weeks in any twelve monthsshall not be deemed to break the continuity of the periods of servicewhich precede and follow them;

  (c) continuity of service shall not be deemed to be interrupted byany change in the management or ownership of the vessel or vessels inwhich the person concerned has served.

  5. The following shall not be included in the annual vacation holidaywith pay:

  (a) public and customary holidays;

  (b) interruptions of service due to sickness or injury.

  6. National laws or regulations or collective agreements may providefor the division into parts of an annual vacation holiday due in virtue ofthis Convention or for the accumulation of such a vacation holiday due inrespect of one year with a subsequent vacation holiday.

  7. National laws or regulations or collective agreements may, in veryexceptional circumstances when the service so requires, provide for thesubstitution for an annual vacation holiday due in virtue of thisConvention of a cash payment at least equivalent to the remunerationprovided for in Article 5.

  Article 4

  1. When an annual vacation holiday is due it shall be given by mutualagreement at the first opportunity as the requirements of the serviceallow.

  2. No person may be required without his consent to take the annualvacation holiday due to him at a port other than a port in the territoryof engagement or a port in his home territory. Subject to thisrequirement, the vacation holiday shall be given at a port permitted bynational laws or regulations or collective agreement.

  Article 5

  1. Every person taking a vacation holiday in virtue of Article 3 ofthis Convention shall receive in respect of the full period of thevacation holiday his usual remuneration.

  2. The usual remuneration payable in virtue of the precedingparagraph, which may include a suitable subsistence allowance, shall becalculated in a manner which shall be prescribed by national laws orregulation or fixed by collective agreement.

  Article 6

  Subject to the provisions of paragraph 7 of Article 3 any agreement torelinquish the right to an annual vacation holiday with pay, or to forgosuch a vacation holiday, shall be void.

  Article 7

  A person who leaves or is discharged from the service of his employerbefore he has taken a vacation holiday due to him shall receive in respectof every day of vacation holiday due to him in virtue of his Conventionthe remuneration provided for in Article 5.

  Article 8

  Each Member which ratifies this Convention shall ensure the effectiveapplication of its provisions.

  Article 9

  Nothing in this Convention shall affect any law, award, custom oragreement between shipowners and seamen which ensures more favourableconditions 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) acombination of laws or regulations and collective agreements betweenshipowners and seafarers. Except as may be otherwise provided herein, theprovisions of this Convention shall be made applicable to every vesselregistered in the territory of the ratifying Member and to every personengaged on any such vessel.

  2. Where effect has been given to any provision of this Convention bya collective agreement in pursuance of paragraph 1 of this Article, then,notwithstanding anything contained in Article 8 of this Convention, theMember in whose territory the agreement is in force shall not be requiredto take any measures in pursuance of Article 8 in respect of theprovisions of the Convention to which effect has been given by collectiveagreement.

  3. Each Member ratifying this Convention shall supply to theDirector-General of the International Labour Office information on themeasures by which the Convention is applied, including particulars of anycollective agreements which give effect to any of its provisions and arein force at the date when the Member ratifies the Convention.

  4. Each Member ratifying this Convention undertakes to take part, bymeans of a tripartite delegation, in any committee representative ofGovernments and shipowners' and seafarers' organizations, and including inan advisory capacity representatives of the Joint Maritime Commission ofthe International Labour Office, which may be set up for the purpose ofexamining the measures taken to give effect to the Convention.

  5. The Director-General will lay before the said Committee a summaryof the information received by him under paragraph 3 above.

  6. The Committee shall consider whether the collective agreementsreported to it give full effect to the provisions of this Convention. EachMember ratifying the Convention undertakes to give consideration to anyobservations or suggestions concerning the application of the Conventionmade by the Committee and further undertakes to bring to the notice of theorganizations of employers and of workers who are parties to any of thecollective agreements mentioned in paragraph 1 any observations orsuggestions of the aforesaid Committee concerning the degree to which suchagreements 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 Conventionrevising that Convention.

  Article 12

  The formal ratifications of this Convention shall be communicated tothe Director-General of the International Labour Office for registration.

  Article 13

  1. This Convention shall be binding only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

  2. It shall come into force six months after the date on which therehave 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 GreatBritain and Northern Ireland, Greece, India, Ireland, Italy, Netherlands,Norway, Poland, Portugal, Sweden, Turkey and Yugoslavia, including atleast five countries each of which has at least one million gross registertons of shipping. This provision is included for the purpose offacilitating and encouraging early ratification of the Convention byMember States.

  3. Thereafter, this Convention shall come into force for any Membersix months after the date on which its ratification has been registered.

  Article 14

  1. A Member which has ratified this Convention may denounce it afterthe expiration of ten years from the date on which the Convention firstcomes into 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.

  2. Each Member which has ratified this Convention and which does not,within the year following the expiration of the period of ten yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of tenyears and, thereafter, may denounce this Convention at the expiration ofeach period of ten years under the terms provided for in this Article.

  Article 15

  1. The Director-General of the International Labour Office shallnotify all the Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

  2. When notifying the Members of the Organization of the registrationof the last of the ratifications required to bring the Convention intoforce, the Director-General shall draw the attention of the Members of theOrganization to the date upon which the Convention will come into force.

  Article 16

  The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the Charter of the UnitedNations full particulars of all ratifications and acts of denunciationregistered by him in accordance with the provisions of the precedingArticles.

  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

  1. Should the Conference adopt a new Convention revising thisConvention in whole or in part, then, unless the new Convention otherwiseprovides,

  (a) the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate denunciation of this Convention,notwithstanding the provisions of Article 14 above, if and when the newrevising Convention shall have come into force;

  (b) as from the date when the new revising Convention, comes intoforce, this Convention shall cease to be open to ratification by theMembers.

  2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

  Article 19

  The English and French versions of the text of this Convention areequally authoritative.

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