Конвенция о труде в морском судоходстве (КТМС-2006)

Maritime Labour Convention, 2006

Regulation 1.2 – Medical certificate

Purpose: To ensure that all seafarers are medically fit to perform their duties at sea

Seafarers shall not work on a ship unless they are certified as medically fit to

perform their duties.

Exceptions can only be permitted as prescribed in the Code.

Standard A1.2 – Medical certificate

The competent authority shall require that, prior to beginning work on a

ship, seafarers hold a valid medical certificate attesting that they are medically fit to
perform the duties they are to carry out at sea.

In order to ensure that medical certificates genuinely reflect seafarers’ state

of health, in light of the duties they are to perform, the competent authority shall, after
consultation with the shipowners’ and seafarers’ organizations concerned, and giving
due consideration to applicable international guidelines referred to in Part B of this
Code, prescribe the nature of the medical examination and certificate.

This Standard is without prejudice to the International Convention on Stand-

ards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended
(“STCW”). A medical certificate issued in accordance with the requirements of STCW
shall be accepted by the competent authority, for the purpose of Regulation 1.2. A
medical certificate meeting the substance of those requirements, in the case of sea-
farers not covered by STCW, shall similarly be accepted.

The medical certificate shall be issued by a duly qualified medical practi-

tioner or, in the case of a certificate solely concerning eyesight, by a person recognized
by the competent authority as qualified to issue such a certificate. Practitioners must
enjoy full professional independence in exercising their medical judgement in under-
taking medical examination procedures.

Seafarers that have been refused a certificate or have had a limitation im-

posed on their ability to work, in particular with respect to time, field of work or trad-
ing area, shall be given the opportunity to have a further examination by another in-
dependent medical practitioner or by an independent medical referee.

Each medical certificate shall state in particular that:

(a)

the hearing and sight of the seafarer concerned, and the colour vision in the case
of a seafarer to be employed in capacities where fitness for the work to be per-
formed is liable to be affected by defective colour vision, are all satisfactory; and

(b)

the seafarer concerned is not suffering from any medical condition likely to be
aggravated by service at sea or to render the seafarer unfit for such service or to
endanger the health of other persons on board.

Unless a shorter period is required by reason of the specific duties to be per-

formed by the seafarer concerned or is required under STCW:
(a)

a medical certificate shall be valid for a maximum period of two years unless the
seafarer is under the age of 18, in which case the maximum period of validity shall
be one year;

(b)

a certification of colour vision shall be valid for a maximum period of six years.

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Minimum requirements for seafarers to work on a ship

In urgent cases the competent authority may permit a seafarer to work with-

out a valid medical certificate until the next port of call where the seafarer can obtain
a medical certificate from a qualified medical practitioner, provided that:

(a)

the period of such permission does not exceed three months; and

(b)

the seafarer concerned is in possession of an expired medical certificate of recent
date.

If the period of validity of a certificate expires in the course of a voyage, the

certificate shall continue in force until the next port of call where the seafarer can
obtain a medical certificate from a qualified medical practitioner, provided that the
period shall not exceed three months.

10.

The medical certificates for seafers working on ships ordinarily engaged on

international voyages must as a minimum be provided in English.

Guideline B1.2 – Medical certificate

Guideline B1.2.1 – International guidelines

The competent authority, medical practitioners, examiners, shipowners, sea-

farers’ representatives and all other persons concerned with the conduct of medical fit-
ness examinations of seafarer candidates and serving seafarers should follow the ILO/
WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations
for Seafarers, including any subsequent versions, and any other applicable international
guidelines published by the International Labour Organization, the International Mari-
time Organization or the World Health Organization.

Regulation 1.3 – Training and qualifications

Purpose: To ensure that seafarers are trained or qualified to carry out
their duties on board ship

Seafarers shall not work on a ship unless they are trained or certified as com-

petent or otherwise qualified to perform their duties.

Seafarers shall not be permitted to work on a ship unless they have success-

fully completed training for personal safety on board ship.

Training and certification in accordance with the mandatory instruments

adopted by the International Maritime Organization shall be considered as meeting
the requirements of paragraphs 1 and 2 of this Regulation.

Any Member which, at the time of its ratification of this Convention, was

bound by the Certification of Able Seamen Convention, 1946 (No. 74), shall continue
to carry out the obligations under that Convention unless and until mandatory provi-
sions covering its subject matter have been adopted by the International Maritime
Organization and entered into force, or until five years have elapsed since the entry
into force of this Convention in accordance with paragraph 3 of Article VIII, which-
ever date is earlier.

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Maritime Labour Convention, 2006

Regulation 1.4 – Recruitment and placement

Purpose: To ensure that seafarers have access to an efficient and well-regulated
seafarer recruitment and placement system

All seafarers shall have access to an efficient, adequate and accountable sys-

tem for finding employment on board ship without charge to the seafarer.

Seafarer recruitment and placement services operating in a Member’s ter-

ritory shall conform to the standards set out in the Code.

Each Member shall require, in respect of seafarers who work on ships that fly

its flag, that shipowners who use seafarer recruitment and placement services that are
based in countries or territories in which this Convention does not apply, ensure that
those services conform to the requirements set out in the Code.

Standard A1.4 – Recruitment and placement

Each Member that operates a public seafarer recruitment and placement

service shall ensure that the service is operated in an orderly manner that protects and
promotes seafarers’ employment rights as provided in this Convention.

Where a Member has private seafarer recruitment and placement services

operating in its territory whose primary purpose is the recruitment and placement of
seafarers or which recruit and place a significant number of seafarers, they shall be
operated only in conformity with a standardized system of licensing or certification or
other form of regulation. This system shall be established, modified or changed only
after consultation with the shipowners’ and seafarers’ organizations concerned. In the
event of doubt as to whether this Convention applies to a private recruitment and
placement service, the question shall be determined by the competent authority in
each Member after consultation with the shipowners’ and seafarers’ organizations con-
cerned. Undue proliferation of private seafarer recruitment and placement services
shall not be encouraged.

The provisions of paragraph 2 of this Standard shall also apply – to the extent

that they are determined by the competent authority, in consultation with the ship-
owners’ and seafarers’ organizations concerned, to be appropriate – in the context of
recruitment and placement services operated by a seafarers’ organization in the ter-
ritory of the Member for the supply of seafarers who are nationals of that Member to
ships which fly its flag. The services covered by this paragraph are those fulfilling the
following conditions:
(a)

the recruitment and placement service is operated pursuant to a collective bar-
gaining agreement between that organization and a shipowner;

(b)

both the seafarers’ organization and the shipowner are based in the territory of
the Member;

(c)

The Member has national laws or regulations or a procedure to authorize or reg-
ister the collective bargaining agreement permitting the operation of the recruit-
ment and placement service; and

(d)

the recruitment and placement service is operated in an orderly manner and
measures are in place to protect and promote seafarers’ employment rights com-
parable to those provided in paragraph 5 of this Standard.

Nothing in this Standard or Regulation 1.4 shall be deemed to:

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Minimum requirements for seafarers to work on a ship

(a)

prevent a Member from maintaining a free public seafarer recruitment and
placement service for seafarers in the framework of a policy to meet the needs of
seafarers and shipowners, whether the service forms part of or is coordinated
with a public employment service for all workers and employers; or

(b)

impose on a Member the obligation to establish a system for the operation of pri-
vate seafarer recruitment or placement services in its territory.

A Member adopting a system referred to in paragraph 2 of this Standard

shall, in its laws and regulations or other measures, at a minimum:
(a)

prohibit seafarer recruitment and placement services from using means, mech-
anisms or lists intended to prevent or deter seafarers from gaining employment
for which they are qualified;

(b)

require that no fees or other charges for seafarer recruitment or placement or for
providing employment to seafarers are borne directly or indirectly, in whole or in
part, by the seafarer, other than the cost of the seafarer obtaining a national
statutory medical certificate, the national seafarer’s book and a passport or other
similar personal travel documents, not including, however, the cost of visas,
which shall be borne by the shipowner; and

(c)

ensure that seafarer recruitment and placement services operating in its territory:
(i)

maintain an up-to-date register of all seafarers recruited or placed through
them, to be available for inspection by the competent authority;

(ii)

make sure that seafarers are informed of their rights and duties under their
employment agreements prior to or in the process of engagement and that
proper arrangements are made for seafarers to examine their employment
agreements before and after they are signed and for them to receive a copy
of the agreements;

(iii) verify that seafarers recruited or placed by them are qualified and hold the

documents necessary for the job concerned, and that the seafarers’ employ-
ment agreements are in accordance with applicable laws and regulations
and any collective bargaining agreement that forms part of the employment
agreement;

(iv) make sure, as far as practicable, that the shipowner has the means to protect

seafarers from being stranded in a foreign port;

(v)

examine and respond to any complaint concerning their activities and ad-
vise the competent authority of any unresolved complaint;

(vi) establish a system of protection, by way of insurance or an equivalent ap-

propriate measure, to compensate seafarers for monetary loss that they
may incur as a result of the failure of a recruitment and placement service
or the relevant shipowner under the seafarers’ employment agreement to
meet its obligations to them.

The competent authority shall closely supervise and control all seafarer re-

cruitment and placement services operating in the territory of the Member concerned.
Any licences or certificates or similar authorizations for the operation of private ser-
vices in the territory are granted or renewed only after verification that the seafarer re-
cruitment and placement service concerned meets the requirements of national laws
and regulations.

The competent authority shall ensure that adequate machinery and proce-

dures exist for the investigation, if necessary, of complaints concerning the activities of

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Maritime Labour Convention, 2006

seafarer recruitment and placement services, involving, as appropriate, representatives
of shipowners and seafarers.

Each Member which has ratified this Convention shall, in so far as practic-

able, advise its nationals on the possible problems of signing on a ship that flies the flag
of a State which has not ratified the Convention, until it is satisfied that standards equi-
valent to those fixed by this Convention are being applied. Measures taken to this ef-
fect by the Member that has ratified this Convention shall not be in contradiction with
the principle of free movement of workers stipulated by the treaties to which the two
States concerned may be parties.

Each Member which has ratified this Convention shall require that ship-

owners of ships that fly its flag, who use seafarer recruitment and placement services
based in countries or territories in which this Convention does not apply, ensure, as far
as practicable, that those services meet the requirements of this Standard.

10.

Nothing in this Standard shall be understood as diminishing the obligations

and responsibilities of shipowners or of a Member with respect to ships that fly its flag.

Guideline B1.4 – Recruitment and placement

Guideline B1.4.1 – Organizational and operational guidelines

When fulfilling its obligations under Standard A1.4, paragraph 1, the compe-

tent authority should consider:
(a)

taking the necessary measures to promote effective cooperation among seafarer
recruitment and placement services, whether public or private;

(b)

the needs of the maritime industry at both the national and international levels,
when developing training programmes for seafarers that form the part of the
ship’s crew that is responsible for the ship’s safe navigation and pollution preven-
tion operations, with the participation of shipowners, seafarers and the relevant
training institutions;

(c)

making suitable arrangements for the cooperation of representative shipowners’
and seafarers’ organizations in the organization and operation of the public sea-
farer recruitment and placement services, where they exist;

(d)

determining, with due regard to the right to privacy and the need to protect con-
fidentiality, the conditions under which seafarers’ personal data may be pro-
cessed by seafarer recruitment and placement services, including the collection,
storage, combination and communication of such data to third parties;

(e)

maintaining an arrangement for the collection and analysis of all relevant inform-
ation on the maritime labour market, including the current and prospective sup-
ply of seafarers that work as crew classified by age, sex, rank and qualifications,
and the industry’s requirements, the collection of data on age or sex being admis-
sible only for statistical purposes or if used in the framework of a programme to
prevent discrimination based on age or sex;

(f)

ensuring that the staff responsible for the supervision of public and private sea-
farer recruitment and placement services for ship’s crew with responsibility for
the ship’s safe navigation and pollution prevention operations have had adequate
training, including approved sea-service experience, and have relevant know-
ledge of the maritime industry, including the relevant maritime international in-
struments on training, certification and labour standards;

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Minimum requirements for seafarers to work on a ship

(g)

prescribing operational standards and adopting codes of conduct and ethical
practices for seafarer recruitment and placement services; and

(h)

exercising supervision of the licensing or certification system on the basis of a sys-
tem of quality standards.

In establishing the system referred to in Standard A1.4, paragraph 2, each

Member should consider requiring seafarer recruitment and placement services, estab-
lished in its territory, to develop and maintain verifiable operational practices. These
operational practices for private seafarer recruitment and placement services and, to
the extent that they are applicable, for public seafarer recruitment and placement ser-
vices should address the following matters:
(a)

medical examinations, seafarers’ identity documents and such other items as may
be required for the seafarer to gain employment;

(b)

maintaining, with due regard to the right to privacy and the need to protect con-
fidentiality, full and complete records of the seafarers covered by their recruit-
ment and placement system, which should include but not be limited to:
(i)

the seafarers’ qualifications;

(ii)

record of employment;

(iii) personal data relevant to employment; and
(iv) medical data relevant to employment;

(c)

maintaining up-to-date lists of the ships for which the seafarer recruitment and
placement services provide seafarers and ensuring that there is a means by which
the services can be contacted in an emergency at all hours;

(d)

procedures to ensure that seafarers are not subject to exploitation by the seafarer
recruitment and placement services or their personnel with regard to the offer of
engagement on particular ships or by particular companies;

(e)

procedures to prevent the opportunities for exploitation of seafarers arising from
the issue of joining advances or any other financial transaction between the ship-
owner and the seafarers which are handled by the seafarer recruitment and place-
ment services;

(f)

clearly publicizing costs, if any, which the seafarer will be expected to bear in the
recruitment process;

(g)

ensuring that seafarers are advised of any particular conditions applicable to the
job for which they are to be engaged and of the particular shipowner’s policies
relating to their employment;

(h)

procedures which are in accordance with the principles of natural justice for deal-
ing with cases of incompetence or indiscipline consistent with national laws and
practice and, where applicable, with collective agreements;

(i)

procedures to ensure, as far as practicable, that all mandatory certificates and
documents submitted for employment are up to date and have not been fraudu-
lently obtained and that employment references are verified;

(j)

procedures to ensure that requests for information or advice by families of sea-
farers while the seafarers are at sea are dealt with promptly and sympathetically
and at no cost; and

(k)

verifying that labour conditions on ships where seafarers are placed are in con-
formity with applicable collective bargaining agreements concluded between a
shipowner and a representative seafarers’ organization and, as a matter of policy,

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Maritime Labour Convention, 2006

supplying seafarers only to shipowners that offer terms and conditions of em-
ployment to seafarers which comply with applicable laws or regulations or collec-
tive agreements.

Consideration should be given to encouraging international cooperation

between Members and relevant organizations, such as:
(a)

the systematic exchange of information on the maritime industry and labour mar-
ket on a bilateral, regional and multilateral basis;

(b)

the exchange of information on maritime labour legislation;

(c)

the harmonization of policies, working methods and legislation governing re-
cruitment and placement of seafarers;

(d)

the improvement of procedures and conditions for the international recruitment
and placement of seafarers; and

(e)

workforce planning, taking account of the supply of and demand for seafarers
and the requirements of the maritime industry.

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ITLE

2. C

ONDITIONS

EMPLOYMENT

Conditions of employment

Regulation 2.1 – Seafarers’ employment agreements

Purpose: To ensure that seafarers have a fair employment agreement

The terms and conditions for employment of a seafarer shall be set out or re-

ferred to in a clear written legally enforceable agreement and shall be consistent with
the standards set out in the Code.

Seafarers’ employment agreements shall be agreed to by the seafarer under

conditions which ensure that the seafarer has an opportunity to review and seek advice
on the terms and conditions in the agreement and freely accepts them before signing.

To the extent compatible with the Member’s national law and practice, sea-

farers’ employment agreements shall be understood to incorporate any applicable col-
lective bargaining agreements.

Standard A2.1 – Seafarers’ employment agreements

Each Member shall adopt laws or regulations requiring that ships that fly its

flag comply with the following requirements:
(a)

seafarers working on ships that fly its flag shall have a seafarers’ employment
agreement signed by both the seafarer and the shipowner or a representative of the
shipowner (or, where they are not employees, evidence of contractual or similar
arrangements) providing them with decent working and living conditions on board
the ship as required by this Convention;

(b)

seafarers signing a seafarers’ employment agreement shall be given an opportun-
ity to examine and seek advice on the agreement before signing, as well as such
other facilities as are necessary to ensure that they have freely entered into an
agreement with a sufficient understanding of their rights and responsibilities;

(c)

the shipowner and seafarer concerned shall each have a signed original of the
seafarers’ employment agreement;

(d)

measures shall be taken to ensure that clear information as to the conditions of
their employment can be easily obtained on board by seafarers, including the
ship’s master, and that such information, including a copy of the seafarers’ em-
ployment agreement, is also accessible for review by officers of a competent
authority, including those in ports to be visited; and

(e)

seafarers shall be given a document containing a record of their employment on
board the ship.

Where a collective bargaining agreement forms all or part of a seafarers’ em-

ployment agreement, a copy of that agreement shall be available on board. Where the
language of the seafarers’ employment agreement and any applicable collective bargain-
ing agreement is not in English, the following shall also be available in English (except
for ships engaged only in domestic voyages):

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Maritime Labour Convention, 2006

(a)

a copy of a standard form of the agreement; and

(b)

the portions of the collective bargaining agreement that are subject to a port
State inspection under Regulation 5.2.

The document referred to in paragraph 1(e) of this Standard shall not con-

tain any statement as to the quality of the seafarers’ work or as to their wages.

The form

of the document, the particulars to be recorded and the manner in which such particu-
lars are to be entered, shall be determined by national law.

Each Member shall adopt laws and regulations specifying the matters that

are to be included in all seafarers’ employment agreements governed by its national
law. Seafarers’ employment agreements shall in all cases contain the following particu-
lars:
(a)

the seafarer’s full name, date of birth or age, and birthplace;

(b)

the shipowner’s name and address;

(c)

the place where and date when the seafarers’ employment agreement is entered
into;

(d)

the capacity in which the seafarer is to be employed;

(e)

the amount of the seafarer’s wages or, where applicable, the formula used for cal-
culating them;

(f)

the amount of paid annual leave or, where applicable, the formula used for cal-
culating it;

(g)

the termination of the agreement and the conditions thereof, including:
(i)

if the agreement has been made for an indefinite period, the conditions en-
titling either party to terminate it, as well as the required notice period,
which shall not be less for the shipowner than for the seafarer;

(ii)

if the agreement has been made for a definite period, the date fixed for its
expiry; and

(iii) if the agreement has been made for a voyage, the port of destination and

the time which has to expire after arrival before the seafarer should be dis-
charged;

(h)

the health and social security protection benefits to be provided to the seafarer
by the shipowner;

(i)

the seafarer’s entitlement to repatriation;

(j)

reference to the collective bargaining agreement, if applicable; and

(k)

any other particulars which national law may require.

Each Member shall adopt laws or regulations establishing minimum notice

periods to be given by the seafarers and shipowners for the early termination of a sea-
farers’ employment agreement. The duration of these minimum periods shall be deter-
mined after consultation with the shipowners’ and seafarers’ organizations concerned,
but shall not be shorter than seven days.

A notice period shorter than the minimum may be given in circumstances

which are recognized under national law or regulations or applicable collective bar-
gaining agreements as justifying termination of the employment agreement at shorter
notice or without notice. In determining those circumstances, each Member shall en-
sure that the need of the seafarer to terminate, without penalty, the employment agree-
ment on shorter notice or without notice for compassionate or other urgent reasons is
taken into account.

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Conditions of employment

Guideline B2.1 – Seafarers’ employment agreements

Guideline B2.1.1 – Record of employment

In determining the particulars to be recorded in the record of employment

referred to in Standard A2.1, paragraph 1(e), each Member should ensure that this
document contains sufficient information, with a translation in English, to facilitate the
acquisition of further work or to satisfy the sea-service requirements for upgrading or
promotion. A seafarers’ discharge book may satisfy the requirements of paragraph
1(e) of that Standard.

Regulation 2.2 – Wages

Purpose: To ensure that seafarers are paid for their services

All seafarers shall be paid for their work regularly and in full in accordance

with their employment agreements.

Standard A2.2 – Wages

Each Member shall require that payments due to seafarers working on ships

that fly its flag are made at no greater than monthly intervals and in accordance with
any applicable collective agreement.

Seafarers shall be given a monthly account of the payments due and the

amounts paid, including wages, additional payments and the rate of exchange used
where payment has been made in a currency or at a rate different from the one agreed
to.

Each Member shall require that shipowners take measures, such as those set

out in paragraph 4 of this Standard, to provide seafarers with a means to transmit all
or part of their earnings to their families or dependants or legal beneficiaries.

Measures to ensure that seafarers are able to transmit their earnings to their

families include:
(a)

a system for enabling seafarers, at the time of their entering employment or dur-
ing it, to allot, if they so desire, a proportion of their wages for remittance at
regular intervals to their families by bank transfers or similar means; and

(b)

a requirement that allotments should be remitted in due time and directly to the
person or persons nominated by the seafarers.

Any charge for the service under paragraphs 3 and 4 of this Standard shall be

reasonable in amount, and the rate of currency exchange, unless otherwise provided,
shall, in accordance with national laws or regulations, be at the prevailing market rate
or the official published rate and not unfavourable to the seafarer.

Each Member that adopts national laws or regulations governing seafarers’

wages shall give due consideration to the guidance provided in Part B of the Code.

Guideline B2.2 – Wages

Guideline B2.2.1 – Specific definitions

For the purpose of this Guideline, the term:

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Maritime Labour Convention, 2006

(a)

able seafarer means any seafarer who is deemed competent to perform any duty
which may be required of a rating serving in the deck department, other than the
duties of a supervisory or specialist rating, or who is defined as such by national
laws, regulations or practice, or by collective agreement;

(b)

basic pay or wages means the pay, however composed, for normal hours of work;
it does not include payments for overtime worked, bonuses, allowances, paid
leave or any other additional remuneration;

(c)

consolidated wage means a wage or salary which includes the basic pay and other
pay-related benefits; a consolidated wage may include compensation for all over-
time hours which are worked and all other pay-related benefits, or it may include
only certain benefits in a partial consolidation;

(d)

hours of work means time during which seafarers are required to do work on ac-
count of the ship;

(e)

overtime means time worked in excess of the normal hours of work.

Guideline B2.2.2 – Calculation and payment

For seafarers whose remuneration includes separate compensation for over-

time worked:
(a)

for the purpose of calculating wages, the normal hours of work at sea and in port
should not exceed eight hours per day;

(b)

for the purpose of calculating overtime, the number of normal hours per week
covered by the basic pay or wages should be prescribed by national laws or regu-
lations, if not determined by collective agreements, but should not exceed
48 hours per week; collective agreements may provide for a different but not less
favourable treatment;

(c)

the rate or rates of compensation for overtime, which should be not less than one
and one-quarter times the basic pay or wages per hour, should be prescribed by
national laws or regulations or by collective agreements, if applicable; and

(d)

records of all overtime worked should be maintained by the master, or a person
assigned by the master, and endorsed by the seafarer at no greater than monthly
intervals.

For seafarers whose wages are fully or partially consolidated:

(a)

the seafarers’ employment agreement should specify clearly, where appropriate,
the number of hours of work expected of the seafarer in return for this remuner-
ation, and any additional allowances which might be due in addition to the con-
solidated wage, and in which circumstances;

(b)

where hourly overtime is payable for hours worked in excess of those covered by
the consolidated wage, the hourly rate should be not less than one and one-
quarter times the basic rate corresponding to the normal hours of work as de-
fined in paragraph 1 of this Guideline; the same principle should be applied to the
overtime hours included in the consolidated wage;

(c)

remuneration for that portion of the fully or partially consolidated wage repre-
senting the normal hours of work as defined in paragraph 1(a) of this Guideline
should be no less than the applicable minimum wage; and

(d)

for seafarers whose wages are partially consolidated, records of all overtime
worked should be maintained and endorsed as provided for in paragraph 1(d) of
this Guideline.

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Conditions of employment

National laws or regulations or collective agreements may provide for com-

pensation for overtime or for work performed on the weekly day of rest and on public
holidays by at least equivalent time off duty and off the ship or additional leave in lieu
of remuneration or any other compensation so provided.

National laws and regulations adopted after consulting the representative

shipowners’ and seafarers’ organizations or, as appropriate, collective agreements
should take into account the following principles:
(a)

equal remuneration for work of equal value should apply to all seafarers em-
ployed on the same ship without discrimination based upon race, colour, sex,
religion, political opinion, national extraction or social origin;

(b)

the seafarers’ employment agreement specifying the applicable wages or wage
rates should be carried on board the ship; information on the amount of wages or
wage rates should be made available to each seafarer, either by providing at least
one signed copy of the relevant information to the seafarer in a language which
the seafarer understands, or by posting a copy of the agreement in a place acces-
sible to seafarers or by some other appropriate means;

(c)

wages should be paid in legal tender; where appropriate, they may be paid by
bank transfer, bank cheque, postal cheque or money order;

(d)

on termination of engagement all remuneration due should be paid without un-
due delay;

(e)

adequate penalties or other appropriate remedies should be imposed by the com-
petent authority where shipowners unduly delay, or fail to make, payment of all
remuneration due;

(f)

wages should be paid directly to seafarers’ designated bank accounts unless they
request otherwise in writing;

(g)

subject to subparagraph (h) of this paragraph, the shipowner should impose no
limit on seafarers’ freedom to dispose of their remuneration;

(h)

deduction from remuneration should be permitted only if:
(i)

there is an express provision in national laws or regulations or in an applic-
able collective agreement and the seafarer has been informed, in the man-
ner deemed most appropriate by the competent authority, of the conditions
for such deductions; and

(ii)

the deductions do not in total exceed the limit that may have been estab-
lished by national laws or regulations or collective agreements or court de-
cisions for making such deductions;

(i)

no deductions should be made from a seafarer’s remuneration in respect of ob-
taining or retaining employment;

(j)

monetary fines against seafarers other than those authorized by national laws or
regulations, collective agreements or other measures should be prohibited;

(k)

the competent authority should have the power to inspect stores and services
provided on board ship to ensure that fair and reasonable prices are applied for
the benefit of the seafarers concerned; and

(l)

to the extent that seafarers’ claims for wages and other sums due in respect of
their employment are not secured in accordance with the provisions of the Inter-
national Convention on Maritime Liens and Mortgages, 1993, such claims should
be protected in accordance with the Protection of Workers’ Claims (Employer’s
Insolvency) Convention, 1992 (No. 173).

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Maritime Labour Convention, 2006

Each Member should, after consulting with representative shipowners’ and

seafarers’ organizations, have procedures to investigate complaints relating to any mat-
ter contained in this Guideline.

Guideline B2.2.3 – Minimum wages

Without prejudice to the principle of free collective bargaining, each Mem-

ber should, after consulting representative shipowners’ and seafarers’ organizations,
establish procedures for determining minimum wages for seafarers. Representative
shipowners’ and seafarers’ organizations should participate in the operation of such
procedures.

When establishing such procedures and in fixing minimum wages, due regard

should be given to international labour standards concerning minimum wage fixing, as
well as the following principles:
(a)

the level of minimum wages should take into account the nature of maritime em-
ployment, crewing levels of ships, and seafarers’ normal hours of work; and

(b)

the level of minimum wages should be adjusted to take into account changes in
the cost of living and in the needs of seafarers.

The competent authority should ensure:

(a)

by means of a system of supervision and sanctions, that wages are paid at not less
than the rate or rates fixed; and

(b)

that any seafarers who have been paid at a rate lower than the minimum wage are
enabled to recover, by an inexpensive and expeditious judicial or other proce-
dure, the amount by which they have been underpaid.

Guideline B2.2.4 – Minimum monthly basic pay or wage figure for able seafarers

The basic pay or wages for a calendar month of service for an able seafarer

should be no less than the amount periodically set by the Joint Maritime Commission
or another body authorized by the Governing Body of the International Labour
Office. Upon a decision of the Governing Body, the Director-General shall notify any
revised amount to the Members of the Organization.

Nothing in this Guideline should be deemed to prejudice arrangements

agreed between shipowners or their organizations and seafarers’ organizations with re-
gard to the regulation of standard minimum terms and conditions of employment, pro-
vided such terms and conditions are recognized by the competent authority.

Regulation 2.3 – Hours of work and hours of rest

Purpose: To ensure that seafarers have regulated hours of work or hours of rest

Each Member shall ensure that the hours of work or hours of rest for sea-

farers are regulated.

Each Member shall establish maximum hours of work or minimum hours of

rest over given periods that are consistent with the provisions in the Code.

Standard A2.3 – Hours of work and hours of rest

For the purpose of this Standard, the term:

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Conditions of employment

(a)

hours of work means time during which seafarers are required to do work on ac-
count of the ship;

(b)

hours of rest means time outside hours of work; this term does not include short
breaks.

Each Member shall within the limits set out in paragraphs 5 to 8 of this Stand-

ard fix either a maximum number of hours of work which shall not be exceeded in a
given period of time, or a minimum number of hours of rest which shall be provided in
a given period of time.

Each Member acknowledges that the normal working hours’ standard for

seafarers, like that for other workers, shall be based on an eight-hour day with one day
of rest per week and rest on public holidays. However, this shall not prevent the
Member from having procedures to authorize or register a collective agreement which
determines seafarers’ normal working hours on a basis no less favourable than this
standard.

In determining the national standards, each Member shall take account of the

danger posed by the fatigue of seafarers, especially those whose duties involve naviga-
tional safety and the safe and secure operation of the ship.

The limits on hours of work or rest shall be as follows:

(a)

maximum hours of work shall not exceed:
(i)

14 hours in any 24-hour period; and

(ii)

72 hours in any seven-day period;

(b)

minimum hours of rest shall not be less than:
(i)

ten hours in any 24-hour period; and

(ii)

77 hours in any seven-day period.

Hours of rest may be divided into no more than two periods, one of which

shall be at least six hours in length, and the interval between consecutive periods of rest
shall not exceed 14 hours.

Musters, fire-fighting and lifeboat drills, and drills prescribed by national

laws and regulations and by international instruments, shall be conducted in a manner
that minimizes the disturbance of rest periods and does not induce fatigue.

When a seafarer is on call, such as when a machinery space is unattended, the

seafarer shall have an adequate compensatory rest period if the normal period of rest
is disturbed by call-outs to work.

If no collective agreement or arbitration award exists or if the competent

authority determines that the provisions in the agreement or award in respect of para-
graph 7 or 8 of this Standard are inadequate, the competent authority shall determine
such provisions to ensure the seafarers concerned have sufficient rest.

10.

Each Member shall require the posting, in an easily accessible place, of a

table with the shipboard working arrangements, which shall contain for every position
at least:
(a)

the schedule of service at sea and service in port; and

(b)

the maximum hours of work or the minimum hours of rest required by national
laws or regulations or applicable collective agreements.

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Maritime Labour Convention, 2006

11.

The table referred to in paragraph 10 of this Standard shall be established in

a standardized format in the working language or languages of the ship and in English.

12.

Each Member shall require that records of seafarers’ daily hours of work or

of their daily hours of rest be maintained to allow monitoring of compliance with para-
graphs 5 to 11 inclusive of this Standard. The records shall be in a standardized format
established by the competent authority taking into account any available guidelines of
the International Labour Organization or shall be in any standard format prepared by
the Organization. They shall be in the languages required by paragraph 11 of this Stand-
ard. The seafarers shall receive a copy of the records pertaining to them which shall be
endorsed by the master, or a person authorized by the master, and by the seafarers.

13.

Nothing in paragraphs 5 and 6 of this Standard shall prevent a Member from

having national laws or regulations or a procedure for the competent authority to
authorize or register collective agreements permitting exceptions to the limits set out.
Such exceptions shall, as far as possible, follow the provisions of this Standard but may
take account of more frequent or longer leave periods or the granting of compensatory
leave for watchkeeping seafarers or seafarers working on board ships on short voyages.

14.

Nothing in this Standard shall be deemed to impair the right of the master

of a ship to require a seafarer to perform any hours of work necessary for the immedi-
ate safety of the ship, persons on board or cargo, or for the purpose of giving assistance
to other ships or persons in distress at sea. Accordingly, the master may suspend the
schedule of hours of work or hours of rest and require a seafarer to perform any hours
of work necessary until the normal situation has been restored. As soon as practicable
after the normal situation has been restored, the master shall ensure that any seafarers
who have performed work in a scheduled rest period are provided with an adequate
period of rest.

Guideline B2.3 – Hours of work and hours of rest

Guideline B2.3.1 – Young seafarers

At sea and in port the following provisions should apply to all young sea-

farers under the age of 18:
(a)

working hours should not exceed eight hours per day and 40 hours per week and
overtime should be worked only where unavoidable for safety reasons;

(b)

sufficient time should be allowed for all meals, and a break of at least one hour
for the main meal of the day should be assured; and

(c)

a 15-minute rest period as soon as possible following each two hours of continu-
ous work should be allowed.

Exceptionally, the provisions of paragraph 1 of this Guideline need not be

applied if:
(a)

they are impracticable for young seafarers in the deck, engine room and catering
departments assigned to watchkeeping duties or working on a rostered shift-
work system; or

(b)

the effective training of young seafarers in accordance with established pro-
grammes and schedules would be impaired.

Such exceptional situations should be recorded, with reasons, and signed by

the master.

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Conditions of employment

Paragraph 1 of this Guideline does not exempt young seafarers from the gen-

eral obligation on all seafarers to work during any emergency as provided for in Stand-
ard A2.3, paragraph 14.

Regulation 2.4 – Entitlement to leave

Purpose: To ensure that seafarers have adequate leave

Each Member shall require that seafarers employed on ships that fly its flag

are given paid annual leave under appropriate conditions, in accordance with the pro-
visions in the Code.

Seafarers shall be granted shore leave to benefit their health and well-being

and with the operational requirements of their positions.

Standard A2.4 – Entitlement to leave

Each Member shall adopt laws and regulations determining the minimum

standards for annual leave for seafarers serving on ships that fly its flag, taking proper
account of the special needs of seafarers with respect to such leave.

Subject to any collective agreement or laws or regulations providing for an

appropriate method of calculation that takes account of the special needs of seafarers
in this respect, the annual leave with pay entitlement shall be calculated on the basis of
a minimum of 2.5 calendar days per month of employment. The manner in which the
length of service is calculated shall be determined by the competent authority or
through the appropriate machinery in each country. Justified absences from work shall
not be considered as annual leave.

Any agreement to forgo the minimum annual leave with pay prescribed in

this Standard, except in cases provided for by the competent authority, shall be
prohibited.

Guideline B2.4 – Entitlement to leave

Guideline B2.4.1 – Calculation of entitlement

Under conditions as determined by the competent authority or through the

appropriate machinery in each country, service off-articles should be counted as part
of the period of service.

Under conditions as determined by the competent authority or in an applic-

able collective agreement, absence from work to attend an approved maritime voca-
tional training course or for such reasons as illness or injury or for maternity should be
counted as part of the period of service.

The level of pay during annual leave should be at the seafarer’s normal level

of remuneration provided for by national laws or regulations or in the applicable sea-
farers’ employment agreement. For seafarers employed for periods shorter than one
year or in the event of termination of the employment relationship, entitlement to
leave should be calculated on a pro-rata basis.

The following should not be counted as part of annual leave with pay:

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Конвенция о труде в морском судоходстве (КТМС-2006) - часть 10