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连续雇用海员公约 CONVENTION No. 145 Convention concerning the Continuity of Employ-ment of Seafarers

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第145号公约
颁布日期:19761028  实施日期:19790503  颁布单位:日内瓦

  [Date of coming into force: 3 May 1979.]

  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 Sixty-second Sessionon 13 October 1976, and

  Having noted the terms of Part IV (Regularity of Employment andIncome) of the Employment of Seafarers (Technical Developments)Recommendation, 1970, and

  Having decided upon the adoption of certain proposals with regard tocontinuity of employment of seafarers, which is the fourth item on theagenda of the session, and

  Having determined that these proposals shall take the form of aninternational Convention,

  adopts this twenty-eighth day of October of the year one thousand ninehundred and seventy-six the following Convention, which may be cited asthe Continuity of Employment (Seafarers) Convention, 1976:

  Article 1

  1. This Convention applies to persons who are regularly available forwork as seafarers and who depend on their work as such for their mainannual income.

  2. For the purpose of this Convention the term “seafarers” meanspersons defined as such by national law or practice or by collectiveagreement who are normally employed as crew members on board a sea-goingship other than——

  (a) a ship of war;

  (b) a ship engaged in fishing or in operations directly connectedtherewith or in whaling or in similar pursuits.

  3. National laws or regulations shall determine when ships are to beregarded as sea-going ships for the purpose of this Convention.

  4. The organizations of employers and workers concerned shall beconsulted on or otherwise participate in the establishment and revision ofdefinitions in pursuance of paragraphs 2 and 3 of this Article.

  Article 2

  1. In each member State which has a maritime industry it shall benational policy to encourage all concerned to provide continuous orregular employment for qualified seafarers in so far as this ispracticable and, in so doing, to provide shipowners with a stable andcompetent workforce.

  2. Every effort shall be made for seafarers to be assured minimumperiods of employment, or either a minimum income or a monetaryallowance, in a manner and to an extent depending on the economic andsocial situation of the country concerned.

  Article 3

  Measures to achieve the objectives set out in Article 2 of thisConvention might include

  (a) contracts or agreements providing for continuous or regularemployment with a shipping undertaking or an association of shipowners; or

  (b) arrangements for the regularisation of employment by means ofthe establishment and maintenance of registers or lists, by categories, ofqualified seafarers.

  Article 4

  1. Where the continuity of employment of seafarers is assured solelyby the establishment and maintenance of registers or lists, these shallinclude all occupational categories of seafarers in a manner determined bynational law or practice or by collective agreement.

  2. Seafarers on such a register or list shall have priority ofengagement for seafaring.

  3. Seafarers on such a register or list shall be required to beavailable for work in a manner to be determined by national law orpractice or by collective agreement.

  Article 5

  1. To the extent that national laws or regulations permit, thestrength of registers or lists of seafarers shall be periodically reviewedso as to achieve levels adapted to the needs of the maritime industry.

  2. When a reduction in the strength of such a register or list becomesnecessary, all appropriate measures shall be taken to prevent or minimisedetrimental effects on seafarers, account being taken of the economic andsocial situation of the country concerned.

  Article 6

  Each member State shall ensure that appropriate safety, health,welfare and vocational training provisions apply to seafarers.

  Article 7

  The provisions of this Convention shall, except in so far as they areotherwise made effective by means of collective agreements, arbitrationawards or in such other manner as may be consistent with nationalpractice, be given effect by national laws or regulations.

  Article 8

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

  。Article 9

  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 twelve months after the date on which theratifications of two Members have been registered with theDirector-General.

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

  Article 10

  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 11

  1. The Director-General of the International Labour Office shallnotify all 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 second ratification communicated to him, the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

  Article 12

  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 13

  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 14

  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 10 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 15

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

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