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船上工作时间和配员公约 CONVENTION No. 57 Convention concerning Hours of Work on BoardShip and Manning

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第57号公约 颁布日期:19361024 颁布单位:日内瓦

  [This Convention had not come into force by 1 September 1965. Itwas revised in 1946 by Convention 76, in 1949 by Convention 93 and in 1958by 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 Twenty-first Sessionon 6 October 1936, and

  Having decided upon the adoption of certain proposals with regard tothe regulation of hours of work on board ship, and manning in conjunctionwith hours of work on board ship, which is the first item on the agenda ofthe Session, and

  Having determined that these proposals shall take the form of aninternational Convention, adopts this twenty-fourth day of October of theyear one thousand nine hundred and thirty-six the following Convention,which may be cited as the Hours of Work and Manning (Sea) Convention,1936:

  PART I. SCOPE AND DEFINITIONS

  Article 1

  1. This Convention applies to every sea-going mechanically propelledvessel, whether publicly or privately owned, which——

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

  (b) is employed in the transport of cargo or passengers for thepurpose of trade; and

  (c) is engaged on an international voyage, by which is meant anyvoyage from a port of one country to a port outside such country, everycolony, overseas territory, protectorate or territory under suzerainty ormandate being regarded as a separate country.

  2. This Convention does not apply to——

  (a) sailing vessels with auxiliary engines; or

  (b) vessels engaged in fishing, whaling or similar pursuits, or inoperations directly connected therewith.

  3. Any Member may exempt vessels registered in its territory from theapplication of this Convention while such vessels are exclusively engagedin voyages upon which they do not proceed further from the country fromwhich they trade than the nearby ports of neighbouring countries withingeographical limits which——

  (a) are clearly specified by national laws or regulations;

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

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

  (d) have been fixed after consultation with the other Membersconcerned.

  Article 2

  For the purpose of this Convention the following expressions have themeanings hereby assigned to them:

  (a) “tons” means gross registered tons;

  (b) “officer” means a person other than a master ranked as anofficer by national laws or regulations, collective agreement or custom;

  (c) “rating” means a member of the crew other than an officer;

  (d) “hours of work” means time during which a member of the crewis required by the orders of a superior to do any work on account of thevessel or the owner, or to be at the disposal of a superior outside thecrew's quarters.

  PART II. HOURS OF WORK

  Article 3

  This part of this Convention does not apply to——

  (a) officers in charge of departments who do not keep watch;

  (b) wireless operators and telephonists;

  (c) pilots;

  (d) doctors;

  (e) nursing staff exclusively engaged on nursing duties orhospital staff;

  (f) persons working exclusively on their own account;

  (g) persons remunerated exclusively by a share of profits;

  (h) persons whose duties are connected solely with the cargocarried on board and who are not in fact in the employment either of theowner or of the master;

  (i) travelling dockers;

  (j) crews consisting entirely of members of the family, as definedby national laws or regulations, of the owner of the vessel.

  Article 4

  1. In vessels of over 2000 tons the hours of work at sea and onarrival and sailing days of deck ratings whose time is divided intowatches shall not exceed eight in the day nor shall they exceed fifty-sixin the week.

  2. In vessels of over 700 tons the hours of work at sea and on arrivaland sailing days of deck ratings employed as day workers shall not exceedeight in the day nor shall they exceed forty-eight in the week.

  3. Hours in excess of the limits prescribed in paragraphs 1 and 2 maybe worked on arrival and sailing days. Whether or not such hours are to beworked and where such hours are allowed the conditions under which theymay be worked shall be determined by national laws or regulations orcollective agreements.

  Article 5

  1. In vessels of over 700 tons the hours of work at sea and on arrivaland sailing days of engine-room and stokehold ratings whose time isdivided into watches shall not exceed eight in the day nor shall theyexceed fifty-six in the week. Provided that extra time may be worked forthe normal relieving of watches and the hoisting and dumping of ashes.

  2. In vessels of over 700 tons the hours of work at sea and on arrivaland sailing days of engine-room and stokehold ratings employed as dayworkers shall not exceed eight in the day nor shall they exceedforty-eight in the week.

  3. Hours in excess of the limits prescribed in paragraphs 1 and 2 maybe worked on arrival and sailing days. Whether or not such hours are to beworked and where such hours are allowed the conditions under which theymay be worked shall be determined by national laws or regulations orcollective agreements.

  Article 6

  1. In vessels of over 2000 tons the hours of work at sea and onarrival and sailing days of deck officers shall not exceed eight in theday nor shall they exceed fifty-six in the week.

  2. Provided that one additional hour per day may be worked at sea andon arrival and sailing days for navigational or clerical purposes.

  3. Provided also that additional hours may be worked occasionally whenthe master deems it necessary to order two officers to keep watchsimultaneously, so however that in no case shall any officer be requiredin virtue of this paragraph to work more than twelve hours in any day.

  4. In vessels of over 700 tons the hours of work at sea and on arrivaland sailing days of deck officers employed as day workers shall not exceedeight in the day nor shall they exceed forty-eight in the week.

  5. Hours in excess of the limits prescribed in paragraphs 1 and 4 maybe worked on arrival and sailing days. Whether or not such hours are to beworked and where such hours are allowed the conditions under which theymay be worked shall be determined by national laws or regulations orcollective agreements.

  6. The provisions of this Article apply to apprentices and cadets inthe deck department.

  Article 7

  1. In vessels required under Article 16 to carry three or moreengineer officers the hours of work of such officers at sea and on arrivaland sailing days shall not exceed eight in the day nor shall they exceedfifty-six in the week.

  2. In vessels of over 700 tons the hours of work at sea of engineerofficers employed as day workers shall not exceed eight in the day norshall they exceed forty-eight in the week.

  3. The provisions of this Article apply to apprentices and cadets inthe engine-room department.

  Article 8

  1. In vessels to which this Convention applies the followingprovisions shall apply to deck, engine-room and stokehold ratings and todeck and engineer officers, including apprentices and cadets in the deckand engine-room departments, whenever sea watches are suspended in anyport:

  (a) hours of work shall not exceed eight in the day nor shall theyexceed forty-eight in the week;

  (b) the weekly rest day shall be observed and on that day no workshall be required except as overtime or for the purpose of ordinaryroutine and sanitary duties, and work required for the purpose of suchduties to be included in the weekly limit of forty-eight hours;

  (c) exceptions to these provisions may be made in accordance withnational laws or regulations or collective agreement in the case ofratings required for the safety of the vessel or persons on board or forthe preservation of the cargo.

  2. Sea watches shall normally be suspended if the vessel is expectedto stay in the port for more than twenty-four hours following its arrival,unless in the judgement of the master the safety of the vessel would beprejudiced thereby.

  3. If sea watches are maintained in port, all time worked in excess ofthe limits of hours prescribed by or permitted under paragraph 1 of thisArticle shall, except in the case of——

  (a) watches maintained for the safety of the vessel; and

  (b) watches worked within twelve hours after arrival or withintwelve hours before sailing, be regarded as overtime for which the ratingor officer shall be entitled to be compensated.

  Article 9

  1. In all vessels to which this Convention applies in respect of whichthere is in force——

  (a) a safety certificate issued in accordance with the provisionsof the International Convention for the Safety of Life at Sea for the timebeing in force; or

  (b) a passenger certificate,

  the hours of work at sea of ratings in the catering and clericaldepartments shall be so arranged as to ensure to each such rating not lessthan twelve hours' rest during any period of twenty-four hours, includinga rest period of at least eight consecutive hours.

  2. In all vessels to which this Convention applies, other than vesselsin respect of which there is in force one of the certificates referred toin the preceding paragraph, the hours of work at sea and on arrival andsailing days of ratings in the catering and clerical departments shall notexceed ten in the day.

  3. In all vessels to which this Convention applies the hours of workin port of ratings in the catering and clerical departments shall notexceed eight in the day, subject to such exceptions as may be permitted bynational laws or regulations.

  Article 10

  1. Ratings and deck and engineer officers including apprentices andcadets may be required to work in excess of the limits of hours prescribedby or permitted under the preceding Articles of this Part of thisConvention, subject to the conditions that——

  (a) all such time worked shall be regarded as overtime for whichthey shall be entitled to be compensated; and

  (b) there shall be no consistent working of overtime.

  2. The manner or rate or rates of such compensation shall beprescribed by national laws or regulations or be fixed by collectiveagreement.

  Article 11

  1. No rating under the age of sixteen years shall work at night.

  2. For the purpose of this Article the expression “night” means aperiod of at least nine consecutive hours between times before and aftermidnight to be prescribed by national laws or regulations.

  Article 12

  The provisions of this Part of this Convention do not apply to——

  (a) work which the master deems to be necessary and urgent for thesafety of the vessel, cargo, or persons on board;

  (b) work required by the master for the purpose of givingassistance to other vessels or persons;

  (c) musters, fire, lifeboat and similar drills of the kindprescribed by the International Convention for the Safety of Life at Seafor the time being in force;

  (d) extra work resulting from the sickness of or from injury toany officer or rating or from any unforeseeable reduction in the number ofofficers or ratings in the course of the voyage;

  (e) extra work for the purpose of customs, quarantine or otherhealth formalities;

  (f) work by officers for the determination of the position of thevessel at noon.

  PART III. MANNING

  Article 13

  Every vessel of over 700 tons shall be sufficiently and efficientlymanned for the purposes of——

  (a) safety of life at sea; and

  (b) making possible the application of the rules relating to hoursset forth in Part II of this Convention,

  and more particularly every such vessel shall comply with the minimumrequirements as to manning set forth in this Part of this Convention.

  Article 14

  1. In vessels of over 700 but not exceeding 2000 tons there shall becarried at least two certificated deck officers in addition to the master.

  2. In vessels of over 2000 tons there shall be carried at least threecertificated deck officers in addition to the master.

  Article 15

  1. In vessels of over 700 tons the number of deck ratings carriedshall be sufficient to allow of three ratings being available for eachnavigational watch.

  2. In particular, the following minimum numbers of ratings shall becarried:

  (a) in vessels of over 700 but not exceeding 2000 tons: six;

  (b) in vessels of over 2000 tons: nine or such larger number asmay be prescribed by national laws or regulations or fixed by collectiveagreement.

  3. The following minimum numbers of the ratings required to be carriedby paragraph 2 shall comply with the conditions as to physical capacityand efficiency stated in paragraph 4:

  (a) in vessels of over 700 but not exceeding 2000 tons: four;

  (b) in vessels of over 2000 tons: five or such larger number asmay be prescribed by national laws or regulations or fixed by collectiveagreement.

  4. The conditions as to physical capacity and efficiency to befulfilled by certain ratings in accordance with paragraph 3 are that eachsuch rating——

  (a) is eighteen years of age; and

  (b) either has had at least three years' sea service on deck orholds a certificate, issued by the competent authority, that his standardof efficiency is equal to that of the average rating who has had threeyears' sea service on deck.

  5. National laws or regulations or collective agreement shall limitthe number of ratings with less than one year's sea service on deck whomay be counted as deck ratings for the purpose of satisfying therequirements of this Article.

  6. No rating signed on in a dual capacity whose services may berequired in any department other than the deck department shall be countedas a deck rating for the purpose of satisfying the requirements of thisArticle.

  7. Whether or not a wireless operator or telephonist is to beconsidered as belonging to the deck department for the purpose of thepreceding paragraph shall be determined by national laws or regulations orcollective agreement.

  Article 16

  1. In vessels to which this Article applies at least threecertificated engineer officers shall be carried.

  2. This Article applies either——

  (a) to vessels of over 700 tons; or

  (b) to vessels with engines exceeding 800 indicated horse-power,

  according as a tonnage or horse-power criterion is prescribed bynational laws or regulations.

  3. Provided that any Member may postpone the application of thisArticle for a period not exceeding five years from the coming into forceof this Convention in the case of existing vessels not exceeding 1500 tonsor with engines not exceeding 1000 indicated horse-power according as theMember applies the tonnage or horse-power criterion.

  Article 17

  If in the course of a voyage as a result of death, accident or anyother cause a vessel ceases to have available the number of officers orratings required by the preceding Articles the master shall make up thedeficiency at the first reasonable opportunity.

  PART IV. GENERAL PROVISIONS

  Article 18

  The shipowners', officers' and seamen's organizations concerned shall,so far as is reasonable and practicable, be taken into consultation in theframing of all laws or regulations for giving effect to the provisions ofthis Convention.

  Article 19

  1. Each Member which ratifies this Convention shall be responsible forthe application of its provisions to vessels registered in its territoryand shall maintain in force national laws or regulations which——

  (a) determine the respective responsibilities of the shipowner andthe master for ensuring compliance therewith;

  (b) prescribe adequate penalties for any violation thereof;

  (c) provide for adequate public supervision of compliance withPart III before a vessel leaves a home port on an international voyage;

  (d) require the keeping of records of all overtime worked inpursuance of Article 10 and of the compensation granted in respectthereof; and

  (e) ensure to seamen the same remedies for recovering extrapayments in respect of overtime as they have for recovering other arrearsof wages.

  2. In any case in which it comes to the knowledge of the competentauthority of a port that a vessel registered in a territory for which thisConvention is in force in virtue of ratification by another Member is notcarrying the number of officers and ratings required by Part III of thisConvention the said authority shall so notify the consul of the saidMember.

  Article 20

  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 21

  1. Vessels existing at the date of the coming into force of thisConvention in respect of which the competent authority of the territory ofregistration is satisfied, after consulting the organizations interested,that the circumstances are such that the provision of fresh accommodationor other permanent equipment necessary for an increased crew is notreasonably possible may be exempted from the application of theConvention.

  2. Such exemption shall be granted by the issue of an exemptioncertificate, which shall be carried on the vessel, exempting the saidvessel from such of the requirements of this Convention as are specifiedin the said certificate.

  3. Exemption certificates shall not be issued for a period exceedingfour years at a time.

  4. Every Member taking advantage of the provisions of this Articleshall communicate to the International Labour Office in its annual reportupon the application of this Convention——

  (a) the texts of all laws and regulations relating to the grant ofexemption under this Article;

  (b) particulars as to the number of vessels and total tonnage inrespect of which exemption certificates are for the time being in force;and

  (c) any observations as to the grant of exemption made by theshipowners', officers' and seamen's organizations concerned.

  PART V. FINAL PROVISIONS

  Article 22

  1. In respect of the territories referred to in article 35 of theConstitution of the International Labour Organization, each Member of theOrganization which ratifies this Convention shall append to itsratification a declaration stating——

  (a) the territories in respect of which it undertakes to apply theprovisions of the Convention without modification;

  (b) the territories in respect of which it undertakes to apply theprovisions of the Convention subject to modifications, together withdetails of the said modifications;

  (c) the territories in respect of which the Convention isinapplicable 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) ofparagraph 1 of this Article shall be deemed to be an integral part of theratification and shall have the force of ratification.

  3. Any Member may be a subsequent declaration cancel in whole or inpart any reservations made in its original declaration in virtue ofsubparagraphs (b), (c) or (d) of paragraph 1 of this Article.

  Article 23

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

  Article 24

  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 by the Director-General of the International LabourOffice the ratifications of five Members of the Organization each of whichhas a mercantile marine tonnage of not less than one million tons.

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

  Article 25

  As soon as the ratifications of five of the Members mentioned in thesecond paragraph of Article 24 have been registered, the Director-Generalof the International Labour Office shall so notify all the Members of theInternational Labour Organization. He shall likewise notify them of theregistration of ratifications which may be communicated subsequently byother Members of the Organization.

  Article 26

  1. A Member which has ratified this Convention may denounce it afterthe expiration of five 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 five yearsmentioned in the preceding paragraph, exercise the right of denunciationprovided for in this Article, will be bound for another period of fiveyears and, thereafter, may denounce this Convention at the expiration ofeach period of five years under the terms provided for in this Article.

  Article 27

  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 28

  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 26 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 29

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

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