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海员协议条款公约 CONVENTION No.22 Convention concerning Seamen's Articles of Agree-ment

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第22号公约
颁布日期:19260624 实施日期:19280404 颁布单位:日内瓦

  [Date of coming into force: 4 April 1928.]

  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 Ninth Session on 7June 1926, and

  Having decided upon the adoption of certain proposals with regard toseamen's articles of agreement, which is included in the first item of theagenda of the Session, and

  Having determined that these proposals shall take the form of aninternational Convention, adopts this twenty-fourth day of June of theyear one thousand nine hundred and twenty-six the following Convention,which may be cited as the Seamen's Articles of Agreement Convention,1926, for ratification by the Members of the International LabourOrganization in accordance with the provision of the Constitution of theInternational Labour Organization:

  Article 1

  1. This Convention shall apply to all sea-going vessels registered inthe country of any Member ratifying this Convention and to the owners,masters and seamen of such vessels.

  2. It shall not apply to

  (a) ships of war,

  (b) Government vessels not engaged in trade,

  (c) vessels engaged in the coasting trade,

  (d) pleasure yachts,

  (e) Indian country craft,

  (f) fishing vessels,

  (g) vessels of less than 100 tons gross registered tonnage or 300cubic metres, nor to vessels engaged in the home trade below the tonnagelimit prescribed by national law for the special regulation of this tradeat the date of the passing of this Convention.

  Article 2

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

  (a) the term “vessel” includes any ship or boat of any naturewhatsoever, whether publicly or privately owned, ordinarily engaged inmaritime navigation;

  (b) the term “seaman” includes every person employed or engaged inany capacity on board any vessel and entered on the ship's articles. Itexcludes masters, pilots, cadets and pupils on training ships and dulyindentured apprentices, naval ratings, and other persons in the permanentservice of a Government;

  (c) the term “master” includes every person having command andcharge of a vessel except pilots;

  (d) the term “home trade vessel” means a vessel engaged in tradebetween a country and the ports of a neighbouring country withingeographical limits determined by the national law.

  Article 3

  1. Articles of agreement shall be signed both by the shipowner or hisrepresentative and by the seaman. Reasonable facilities to examine thearticles of agreement before they are signed shall be given to the seamanand also to his adviser.

  2. The seaman shall sign the agreement under conditions which shall beprescribed by national law in order to ensure adequate supervision by thecompetent public authority.

  3. The foregoing provisions shall be deemed to have been fulfilled ifthe competent authority certifies that the provisions of the agreementhave been laid before it in writing and have been confirmed both by theshipowner or his representative and by the seaman.

  4. National laws shall make adequate provision to ensure that theseaman has understood the agreement.

  5. The agreement shall not contain anything which is contrary to theprovisions of national law or of this Convention.

  6. National law shall prescribe such further formalities andsafeguards in respect of the completion of the agreement as may beconsidered necessary for the protection of the interests of the shipownerand of the seaman.

  Article 4

  1. Adequate measures shall be taken in accordance with national lawfor ensuring that the agreement shall not contain any stipulation by whichthe parties purport to contract in advance to depart from the ordinaryrules as to jurisdiction over the agreement.

  2. This Article shall not be interpreted as excluding a reference toarbitration.

  Article 5

  1. Every seaman shall be given a document containing a record of hisemployment on board the vessel. The form of the document, the particularsto be recorded and the manner in which such particulars are to be enteredin it shall be determined by national law.

  2. The document shall not contain any statement as to the quality ofthe seaman's work or as to his wages.

  Article 6

  1. The agreement may be made either for a definite period or for avoyage or, if permitted by national law, for an indefinite period.

  2. The agreement shall state clearly the respective rights andobligations of each of the parties.

  3. It shall in all cases contain the following particulars:

  (1) the surname and other names of the seaman, the date of hisbirth or his age, and his birthplace;

  (2) the place at which and date on which the agreement wascompleted;

  (3) the name of the vessel or vessels on board which the seamanundertakes to serve;

  (4) the number of the crew of the vessel, if required by nationallaw;

  (5) the voyage or voyages to be undertaken, if this can bedetermined at the time of making the agreement;

  (6) the capacity in which the seaman is to be employed;

  (7) if possible, the place and date at which the seaman isrequired to report on board for service;

  (8) the scale of provisions to be supplied to the seaman, unlesssome alternative system is provided for by national law;

  (9) the amount of his wages;

  (10) the termination of the agreement and the conditions thereof,that is to say;

  (a) if the agreement has been made for a definite period, thedate fixed for its expiry;

  (b) if the agreement has been made for a voyage, the port ofdestination and the time which has to expire after arrival before theseaman shall be discharged;

  (c) if the agreement has been made for an indefinite period,the conditions which shall entitle either party to rescind it, as well asthe required period of notice for rescission; provided that such periodshall not be less for the shipowner than for the seaman;

  (11) the annual leave with pay granted to the seaman after oneyear's service with the same shipping company, if such leave if providedfor by national law;

  (12) any other particulars which national law may require.

  Article 7

  If national law provides that a list of crew shall be carried on boardit shall specify that the agreement shall either be recorded in or annexedto the list of crew.

  Article 8

  In order that the seaman may satisfy himself as to the nature andextent of his rights and obligations, national law shall lay down themeasures to be taken to enable clear information to be obtained on boardas to the conditions of employment, either by posting the conditions ofthe agreement in a place easily accessible from the crew's quarters, or bysome other appropriate means.

  Article 9

  1. An agreement for an indefinite period may be terminated by eitherparty in any port where the vessel loads or unloads, provided that thenotice specified in the agreement shall have been given, which shall notbe less than twenty-four hours.

  2. Notice shall be given in writing; national law shall provide suchmanner of giving notice as is best calculated to preclude any subsequentdispute between the parties on this point.

  3. National law shall determine the exceptional circumstances inwhich. notice even when duly given shall not terminate the agreement.

  Article 10

  An agreement entered into for a voyage, for a definite period, or foran indefinite period shall be duly terminated by——

  (a) mutual consent of the parties;

  (b) death of the seaman;

  (c) loss or total unseaworthiness of the vessel;

  (d) any other cause that may be provided in national law or inthis Convention.

  Article 11

  National law shall determine the circumstances in which the owner ormaster may immediately discharge a seaman.

  Article 12

  National law shall also determine the circumstances in which theseaman may demand his immediate discharge.

  Article 13

  1. If a seaman shows to the satisfaction of the shipowner or his agentthat he can obtain command of a vessel or an appointment as mate orengineer or to any other post of a higher grade than he actually holds, orthat any other circumstance has arisen since his engagement which rendersit essential to his interests that he should be permitted to take hisdischarge, he may claim his discharge, provided that without increasedexpense to the shipowner and to the satisfaction of the shipowner or hisagent he furnishes a competent and reliable man in his place.

  2. In such case, the seaman shall be entitled to his wages up to thetime of his leaving his employment.

  Article 14

  1. Whatever the reason for the termination or rescission of theagreement, an entry shall be made in the document issued to the seaman inaccordance with Article 5 and in the list of crew showing that he has beendischarged, and such entry shall, at the request of either party, beendorsed by the competent public authority.

  2. The seaman shall at all times have the right, in addition to therecord mentioned in Article 5, to obtain from the master a separatecertificate as to the quality of his work or, failing that, a certificateindicating whether he has fully discharged his obligations under theagreement.

  Article 15

  National law shall provide the measures to ensure compliances with theterms of the present Convention.

  Article 16

  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 17

  1. This Convention shall come into force at the date on which theratifications of two Members of the International Labour Organization havebeen registered by the Director-General.

  2. It shall be binding only upon those Members whose ratificationshave been registered with the International Labour Office.

  3. Thereafter, the Convention shall come into force for any Member atthe date on which its ratification has been registered with theInternational Labour Office.

  Article 18

  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. He shalllikewise notify them of the registration of ratifications which may becommunicated subsequently by other Members of the Organization.

  Article 19

  Subject to the provisions of Article 17, each Member which ratifiesthis Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5,6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 into operation not later than 1January 1928, and to take such action as may be necessary to make theseprovisions effective.

  Article 20

  Each Member of the International Labour Organization which ratifiesthis Convention engages to apply it to its colonies, possessions andprotectorates, in accordance with the provisions of article 35 of theConstitution of the International Labour Organization.

  Article 21

  A Member which has ratified this Convention may denounce it after theexpiration of ten 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 22

  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 23

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

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