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工资、船上工作时间和配员公约(1958年修正本)(二)

2006-05-18 18:09   我要纠错 | 打印 | 收藏 | | |

  Article 15

  1. This Article applies to persons employed in the catering departmentof a vessel.

  2. In the case of a passenger ship, normal hours of work shall notexceed——

  (a) when the vessel is at sea and on days of sailing and arrival,ten hours in any consecutive period of fourteen hours;

  (b) when the vessel is in port——

  (i) when passengers are on board, ten hours in any period offourteen hours;

  (ii) in other cases——

  on the day preceding the weekly day of rest, five hours;

  on the weekly day of rest, five hours for persons engagedin messing duties and such time not exceeding two hours as is necessaryfor ordinary routine and sanitary duties in the case of other persons; onany other day, eight hours.

  3. In the case of a vessel not a passenger ship, normal hours of workshall not exceed

  (a) when the vessel is at sea and on days of sailing and arrival,nine hours in any period of thirteen hours;

  (b) when the vessel is in port——

  on the weekly day of rest, five hours;

  on the day preceding the weekly day of rest, six hours;

  on any other days, eight hours in any period of twelve hours.

  4. When the total number of hours worked in a period of twoconsecutive weeks exceeds one hundred and twelve the person concernedshall be compensated by time off in port or otherwise as may be determinedby collective agreement between the organizations of shipowners andseafarers concerned.

  5. National laws or regulations or collective agreements between theorganizations of shipowners and seafarers concerned may make specialarrangements for the regulation of the hours of work of night watchmen.

  Article 16

  1. This Article applies to officers and ratings employed in near anddistant trade ships.

  2. Time off in port should be the subject of negotiations between theorganizations of shipowners and seafarers concerned on the basis thatofficers and ratings should receive the maximum time off in port that ispracticable and that such time off should not count as leave.

  Article 17

  1. The competent authority may exempt from the application of thisPart of this Convention officers not already excluded therefrom by virtueof Article 11, subject to the following conditions:

  (a) the officers must be entitled in virtue of a collectiveagreement to conditions of employment which the competent authoritycertifies constitute full compensation for the non-application of thisPart of the Convention;

  (b) the collective agreement must have been originally concludedbefore 30 June 1946 and the agreement or a renewal thereof must be stillin force.

  2. A Member having recourse to the provisions of paragraph 1 shallsupply to the Director-General of the International Labour Office fullparticulars of any such collective agreement and the Director-Generalshall lay a summary of the information received by him before theCommittee referred to in Article 22.

  3. The said Committee shall consider whether the collective agreementsreported to it provide for conditions of employment which constitute fullcompensation for the non-application of this Part of this Convention. EachMember ratifying the Convention undertakes to give consideration to anyobservations or suggestions made by the Committee concerning suchagreements and further undertakes to bring any such observations orsuggestions to the notice of the organizations of shipowners and officerswho are parties to such agreements.

  Article 18

  1. The rate or rates of compensation for overtime shall be prescribedby national laws or regulations or be fixed by collective agreement, butin no case shall the hourly rate of payment for overtime be less thanone-and-a-quarter times the basic pay or wages per hour.

  2. Collective agreements may provide for compensation by equivalenttime off duty and off the vessel in lieu of cash payment or for any othermethod of compensation.

  Article 19

  1. The consistent working of overtime shall be avoided wheneverpossible.

  2. Time spent in the following work shall not be included in normalhours of work or be regarded as overtime for the purpose of this Part ofthis Convention:

  (a) work that 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 in distress;

  (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 for the purposes of customs or quarantine or otherhealth formalities;

  (e) normal and necessary work by officers for the determination ofthe position of the ship and for making meteorological observations;

  (f) extra time required for the normal relieving of watches.

  3. Nothing in this Convention shall be deemed to impair the right andduty of the master of a vessel to require, or the duty of an officer orrating to perform, any work deemed by the master to be necessary for thesafe and efficient operation of the vessel.

  Article 20

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

  2. For the purpose of this Article, “night” means a period of at leastnine consecutive hours between times before and after midnight to beprescribed by national laws or regulations or collective agreements.

  PART IV. MANNING

  Article 21

  1. Every vessel to which this Convention applies shall be sufficientlyand efficiently manned for the purposes of——

  (a) ensuring the safety of life at sea;

  (b) giving effect to the provisions of Part III of thisConvention; and

  (c) prevention excessive strain upon the crew and avoiding orminimising as far as practicable the working of overtime.

  2. Each Member undertakes to maintain, or to satisfy itself that thereis maintained, efficient machinery for the investigation and settlementof any complaint or dispute concerning the manning of a vessel.

  3. Representatives of the organizations of shipowners and seafarersshall participate, with or without other persons or authorities, in theoperation of such machinery.

  PART V. APPLICATION OF THE CONVENTION

  Article 22

  1. Effect may be given to this Convention by (a) laws or regulations;(b) collective agreements between shipowners and seafarers (except asregards paragraph 2 of Article 21); or (c) a combination of laws orregulations and collective agreements between shipowners and seafarers,Except as may be otherwise provided herein, the provisions of thisConvention shall be made applicable to every vessel registered in theterritory of the ratifying Member and to every person engaged on any suchvessel.

  2. Where effect has been given to any provision of this Convention bya collective agreement in pursuance of paragraph 1 of this Article, thennotwithstanding anything contained in Article 10 of this Convention theMember shall not be required to take any measures in pursuance of Article10 of this Convention in respect of the provisions of the Convention towhich effect has been so given by collective agreement.

  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 in force which give effect to any of its provisions.

  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,in an advisory capacity, representatives of the Joint Maritime Commissionof the 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 shall 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 the 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 ofthe organizations of shipowners and of seafarers who are parties to any ofthe collective 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 23

  1. Each Member which ratifies this Convention shall be responsible forthe application of its provisions to vessels registered in its territoryand shall, except where effect is given to the Convention by collectiveagreements, maintain in force 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 IV of the Convention;

  (d) require the keeping of the records of hours worked necessaryfor the purposes of Part III of the Convention and of the compensationgranted in respect of overtime and of excess hours of work;

  (e) ensure to seafarers the same remedies for recovering paymentsdue to them in respect of compensation for overtime and for excess hoursof work as they have for recovering other arrears of pay.

  2. The organizations of shipowners and seafarers concerned shall, sofar as is reasonable and practicable, be consulted in the framing of alllaws or regulations for giving effect to the provisions of thisConvention.

  Article 24

  For the purpose of giving mutual assistance in the enforcement of thisConvention, every Member which ratifies the Convention undertakes torequire the competent authority in every port in its territory to informthe consular or other appropriate authority of any other such Member ofany case in which it comes to the notice of such authority that therequirements of the Convention are not being complied with in a vesselregistered in the territory of that other Member.

  PART VI. FINAL PROVISIONS

  Article 25

  1. This Convention revises the Wages, Hours of work and Manning (Sea)Conventions, 1946 and 1949.

  2. For the purpose of Article 28 of the Hours of Work and Manning(Sea) Convention, 1936, this Convention shall also be regarded as aConvention revising that Convention.

  Article 26

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

  Article 27

  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 first come into force six months after the date at whichthe following conditions have been fulfilled:

  (a) the ratifications of nine of the following Members have beenregistered: Argentina, Australia, Belgium, Brazil, Canada, Chile, China,Denmark, Finland, France, Federal Republic of Germany, Greece, India,Ireland, Italy, Japan, Netherlands, Norway, Poland, Portugal, Spain,Sweden, Turkey, Union of Soviet Socialist Republics, United Kingdom ofGreat Britain and Northern Ireland, United States of America, Yugoslavia;

  (b) at least five of the Members whose ratifications have beenregistered have at the date of registration each not less than 1 milliongross register tons of shipping;

  (c) the aggregate tonnage of shipping possessed at the time ofregistration by the Members whose ratifications have been registered isnot less than 15 million gross register tons.

  3. The provisions of the preceding paragraph are included for thepurpose of facilitating and encouraging early ratification of theConvention by member States.

  4. After the Convention has first come into force, it shall come intoforce for any Member six months after the date on which its ratificationhas been registered.

  Article 28

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

  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 29

  1. The Director-General of the International Labour Office shallnotify all the Members of the International Labour Organization of theregistration of all ratifications, declarations and denunciationscommunicated to him by the 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 30

  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, declarations and acts ofdenunciation registered by him in accordance with the provisions of thepreceding Articles.

  Article 31

  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 32

  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 28 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 33

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

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