The section I («Minimal requirements concerning work of seamen onboard a vessel») establishes the minimum norms which should be observed before seamen will start to work onboard. Seamen should be more senior the minimum age, have the health certificate certifying their suitability on a state of health to performance of the official duties, and also to have appropriate preparation and qualification. Besides, seamen should have access to effective and accurately adjustable system of a set and employment.
The section II («employment Conditions») regulates conditions of signing of the labour contract; questions of wages, duration of working hours and time of rest, annual holiday, repatriation, indemnification to seamen in case of loss or flooding of a vessel, completion of courts by crews, development of career, improvement of professional skill and possibilities for employment of seamen.
The section III («Premises, conditions for rest, a food and table service») contains the norms shown together, concerning premises for crew, questions of a food and table service. Besides, here the requirements, concerning preventions of influence of noise and vibration in industrial and residential zones are fixed.
Section IV («Health protection, health services, social service and protection in the field of social security») regulates questions of health services onboard a vessel and on coast, health protection, safety and accident preventions, access of seamen to coastal objects of social appointment, social security. Among other requirements responsibility of ship-owners for health protection and health services of seamen here is established.
The section V («Observance and performance maintenance») defines duties of the states ratifying the Convention. The section contains three key rules. The rule the first defines responsibility of the state for Convention performance on the courts floating under its flag, including an establishment of effective system of inspection and survey. The rule the second defines measures of the state port control over foreign courts in the ports. The rule the third defines duties of the states on a set and employment of seamen, and also in the field of social security of seamen which are its citizens or have a constant residence in its territory.
In comparison with the previous conventions new addition of system of survey in inspection system, increase in number of the bases for detention of foreign courts in ports and the registered procedure of consideration of complaints of seamen here is.
Essentially new in the Convention of 2006 unlike the previous sea Conventions the ILO is that:
- For the first time necessity of presence onboard a vessel of the certificate on conformity and the declaration on observance of labour norms in sea navigation that is primary acknowledgement of that a working condition and a life is proclaimed, the organisation of works on a vessel on a labour safety and performance of the labour legislation correspond or are equivalent to the Convention the ILO;
- Coming into force of the given Convention has the features which are stated in article VIII where it is told in the subparagraph «3. The present Convention comes into force in 12 months after document registration date about ratification not less than 30 member states, the general share of which gross tonnage of a merchant marine fleet makes 33 percent».
According to plan the ILO the Convention will be ratified by necessary number of participants in 2011. The European Parliament in the Instruction has urged the members to ratify the Convention in 2010.
As of May, 1st, 2009 the Convention is already ratified by five states (Liberia, the Bahamas, Marshall Islands, Panama, Norway), 40 % of world fleet possessing more. It allows to draw a conclusion that the Convention can become obligatory in 2011.
At creation of the given Convention started with basic principles and the rights in work sphere; that understanding that seamen require special protection; also took into consideration the international norms concerning safety of courts, their crews and passengers; and also aspired to that this document has been made so that in the greatest possible degree to provide its wide acceptability for the governments, ship-owners and the seamen adhering to principles of worthy work that it easily gave in to updating and that it it was possible to apply and provide its performance effectively.
In the Convention it is underlined, each seaman has the right on:
Workplace which should correspond to norms of safety;
Fair conditions of employment;
Worthy working conditions and lives onboard a vessel;
Health protection, health services, social service and other forms of social protection.
In this connection, each state-participant of the Convention should provide full realisation of the labour and social rights of the seamen specified in the given Convention.
Therefore each state ratifying the Convention, should bring the legislation into accord with it. Also it is obliged to create system of maintenance of observance of requirements of the given Convention, including regular checks, representation of reports, monitoring and legal procedures according to the applicable legislation.
It proves to be true the Certificate on conformity to labour norms in sea navigation and the Declaration on observance of labour norms in sea navigation which would correspond to the analyzed Convention.
If the vessel floats under the flag of the state which ratified the Convention it can be at any moment to be subjected inspection not only the flag state, but also other member state ratifying the Convention, at the moment of a vessel finding in one of ports, for the purpose of definition, whether are observed on this vessel of the requirement of the Convention.
For the analysis of actions of the given Convention Administrative Advice the ILO creates special committee which is allocated with powers of consideration of labour norms in sea navigation.
The committee includes on two representatives from each member state Conventions, and also representatives of ship-owners and the seamen, appointed Administrative council after consultations of the Parity sea commission.
Those states which yet did not ratify the Convention, can take part in committee work, but have no right to vote on one of questions.
Requirements to work of the seamen, provided in the present Convention
• Restrictions on the maximum age the Convention does not establish the Minimum age which makes 16 years,
• Work seamen by whom 18 years were not executed yet Is forbidden at night,
• If work can threaten health or safety of the seaman it is forbidden to involve in it of persons, 18 years are younger,
• Seamen are not supposed to work onboard a vessel without physical examination,
• The seamen who have done not pass vocational training are not supposed to work or have not received the diploma (certificate), certifying their competence, or otherwise not confirmed the qualification allowing them to carry out the duties.
• The Services which are engaged in employment of seamen and selection of the personnel, should correspond the requirements, shown to them the analyzed Convention.
• If there are the private organisations which are engaged in employment of seamen and selection of the personnel they should take place without fail licensing or certifications, according to requirements of the Convention and the local legislation.
• Thus the Convention enters an interdiction for payment in full or in part commission or other costs for employment and employment, or for workplace granting, except for expenses which the seaman bears in connection with reception of the health certificate provided by the national legislation, national book of the seaman and passport or other similar personal travel papers (expenses on payment of visas the ship-owner bears),
• Employment Services should conduct without fail and constantly update the list of all seamen, employment and which employment have been provided by them, this list should be accessible to competent body to check (the list should contain: the data about qualification of seamen; the data about the work experience; the personal data, concerning works on hiring; the medical data concerning work on hiring);
At contract signing it is necessary to trace, that seamen have attentively familiarised with the labour contract and understood the rights and duties; that the given labour contracts corresponded to the legislation and the Convention,
Whether • Services on employment should in process of forces and possibilities to check possesses the ship-owner means for maintenance of protection of seamen from danger to appear without means of support in foreign port;
• Also services on employment should trace obligatory insurance or other equivalent form with a view of indemnification to seamen of a monetary damage which they can incur as a result of default by service of hiring and employment of the obligations to seamen or the corresponding ship-owner of the obligations to seamen according to the labour contract.
• Behind all services of hiring strict supervision is established. All licences or certificates, or similar forms of the permission to realisation of activity of services on employment are given or renew only after check of that the corresponding service of hiring and employment of seamen meets the requirements national of the legislation and standard legal certificates.
• Also specially appointed competent body should have possibility for investigation, in case of need, the complaints, services of hiring concerning to activity and employment of seamen, with attraction, depending on circumstances, representatives of ship-owners and seamen,
The state ratifying the Convention, should provide possibility to the citizens to familiarise with the possible problems, connected with employment on a vessel floating under the flag of the state which did not ratify the present Convention while it will not be convinced that the norms equivalent to what are established in the present Convention are applied.
The service of a set and employment of seamen, should cover following questions:
1) Physical examination of seamen,
2) Maintenance and conducting the list of seamen,
3) Maintenance and updating of the list of courts for which seamen steal up,
4) The prevention of possible operation of seamen,
5) The exhaustive list of expenses which are probable for employment of seamen,
6) Creation of system of informing of seamen about a possible place of work and about given conditions,
7) The mechanism of check of the documents given at employment,
8) Maintenance of check of documents and regulations onboard a vessel where employ seamen.
Thus member states Conventions should communicate regularly about sea branch as a whole and about a labour market, in particular, about development of the sea labour legislation to co-ordinate a policy and the legislation in the field of hiring and the labour legislation.
The labour contract of the seaman should contain:
1) A surname, a name and a patronymic of the seaman, date of its birth or age and a place of its birth;
2) A name and the address of the ship-owner;
3) A place and date of a conclusion of employment agreement of the seaman;
4) A post on which the seaman is employed;
5) The size of wages of the seaman or, there, where it is applicable, - the formula used for its calculation;
6) The size of payment of annual holiday or, there, where it is applicable, - the formula used for its calculation;
7) Term and conditions of cancellation of the contract, including:
• If the contract is concluded without day - the conditions giving
• The right of any of the parties to terminate it, and also term for the notice about
• Cancellation provided that such term will not be shorter for
• The ship-owner, than for the seaman;
• If the contract is concluded for certain term - exact date
• The contract expiry of the term; and
• If the contract is concluded on one flight - port of destination and
• Time which should expire after the arrival in port, before the seaman
• Can be written off from a vessel;
• Health services and social security benefits,
• Given to the seaman the ship-owner;
• The right of the seaman to repatriation;
• The reference to the collective agreement if it is applicable;
• Any other data demanded according to the national legislation.
Conclusion
Thus, summing up the analysis of the international legislation, it is possible to draw a conclusion that the main value of the summary Convention that is the uniform certificate containing all norms in the field of sociolabor relations in sea navigation. It represents the accurate and universal collection of the rights and duties on labour and to social problems for all sea sector. Thus the Convention supposes certain flexibility at national level concerning concrete methods of realisation of the rights of seamen.
The requirement of obligatory observance of technical standards and aggravation of the international competition have led to that working conditions of seamen became the basic point of comparative advantage to the majority of the navigable companies.
The summary Convention covers all spectrum of the sociolabor relations inherent in sea navigation. She establishes requirements to age, a state of health and vocational training of the seaman, to its qualification, to set and employment system, to the basic conditions of employment (a wages, holiday, repatriation), to conditions of the industrial environment, to premises and conditions for rest onboard a vessel, to a food, to table, medical and social service, to social security.
In the Convention mechanisms of the control of observance and maintenance of its performance with the state of a flag of a vessel and the state of port within the limits of procedures of the port control are defined.
The unique minus which can be found now is a correlation of the given Convention with the national legislation. But as it will occur, practice will show only.
Страницы: 1, 2, 3, 4, 5, 6, 7, 8
