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Par 2006.gada 23.februāra Konvenciju par darbu jūrniecībā

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Šis likums apstiprina un pieņem 2006. gada 23. februāra Konvenciju par darbu jūrniecībā, lai nodrošinātu jūrniekiem pienācīgus darba apstākļus.

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Saeima ir pieņēmusi un Valsts prezidents izsludina šādu likumu: Par 2006.gada 23.februāra Konvenciju par darbu jūrniecībā 1.pants. 2006.gada 23.februāra Konvencija par darbu jūrniecībā (turpmāk - Konvencija) ar šo likumu tiek pieņemta un apstiprināta. 2.pants. Saskaņā ar Konvencijas vispārējās daļas II panta 7.punktu Ārlietu ministrija paziņo Starptautiskā nodarbinātības biroja ģenerālsekretāram par Latvijas Republikas nolēmumiem par Konvencijas vispārējās daļas II panta 3.,

  1. un 6.punktu. 3.pants. Satiksmes ministrija sniedz Ārlietu ministrijai Konvencijas vispārējās daļas II panta 3.,
  2. un 6.punktā paredzēto informāciju iesniegšanai Starptautiskā nodarbinātības biroja ģenerāldirektoram. 4.pants. Konvencijas normu izpildi Latvijas Republikā atbilstoši attiecīgās institūcijas kompetencei nodrošina Satiksmes ministrija, Labklājības ministrija, Veselības ministrija, Aizsardzības ministrija, Ārlietu ministrija un Izglītības un zinātnes ministrija. 5.pants. Konvencija stājas spēkā tās vispārējās daļas VIII pantā noteiktajā laikā un kārtībā, un Ārlietu ministrija par to paziņo laikrakstā "Latvijas Vēstnesis". 6.pants. Likums stājas spēkā nākamajā dienā pēc tā izsludināšanas. Līdz ar likumu izsludināma Konvencija angļu valodā un tās tulkojums latviešu valodā. Likums Saeimā pieņemts 2011.gada 7.aprīlī. Valsts prezidents V.Zatlers Rīgā 2011.gada 27.aprīlī MARITIME LABOUR CONVENTION, 2006 The General Conference of the International Labour Organization, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Ninety-fourth Session on 7 February 2006, and Desiring to create a single, coherent instrument embodying as far as possible all up-to-date standards of existing international maritime labour Conventions and Recommendations, as well as the fundamental principles to be found in other international labour Conventions, in particular: - the Forced Labour Convention, 1930 (No. 29); - the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); - the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); - the Equal Remuneration Convention, 1951 (No. 100); - the Abolition of Forced Labour Convention, 1957 (No. 105); - the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); - the Minimum Age Convention, 1973 (No. 138); - the Worst Forms of Child Labour Convention, 1999 (No. 182); and Mindful of the core mandate of the Organization, which is to promote decent conditions of work, and Recalling the ILO Declaration on Fundamental Principles and Rights at Work, 1998, and Mindful also that seafarers are covered by the provisions of other ILO instruments and have other rights which are established as fundamental rights and freedoms applicable to all persons, and Considering that, given the global nature of the shipping industry, seafarers need special protection, and Mindful also of the international standards on ship safety, human security and quality ship management in the International Convention for the Safety of Life at Sea, 1974, as amended, the Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended, and the seafarer training and competency requirements in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, and Recalling that the United Nations Convention on the Law of the Sea, 1982, sets out a general legal framework within which all activities in the oceans and seas must be carried out and is of strategic importance as the basis for national, regional and global action and cooperation in the marine sector, and that its integrity needs to be maintained, and Recalling that Article 94 of the United Nations Convention on the Law of the Sea, 1982, establishes the duties and obligations of a flag State with regard to, inter alia, labour conditions, crewing and social matters on ships that fly its flag, and Recalling paragraph 8 of article 19 of the Constitution of the International Labour Organisation which provides that in no case shall the adoption of any Convention or Recommendation by the Conference or the ratification of any Convention by any Member be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention or Recommendation, and Determined that this new instrument should be designed to secure the widest possible acceptability among governments, shipowners and seafarers committed to the principles of decent work, that it should be readily updateable and that it should lend itself to effective implementation and enforcement, and Having decided upon the adoption of certain proposals for the realization of such an instrument, which is the only item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention; adopts this twenty-third day of February of the year two thousand and six the following Convention, which may be cited as the Maritime Labour Convention,
  3. General Obligations Article I
  4. Each Member which ratifies this Convention undertakes to give complete effect to its provisions in the manner set out in Article VI in order to secure the right of all seafarers to decent employment.
  5. Members shall cooperate with each other for the purpose of ensuring the effective implementation and enforcement of this Convention. Definitions and Scope of Application Article II
  6. For the purpose of this Convention and unless provided otherwise in particular provisions, the term: (a) competent authority means the minister, government department or other authority having power to issue and enforce regulations, orders or other instructions having the force of law in respect of the subject matter of the provision concerned; (b) declaration of maritime labour compliance means the declaration referred to in Regulation 5.1.3; (c) gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or any successor Convention; for ships covered by the tonnage measurement interim scheme adopted by the International Maritime Organization, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate

(1969); (
  1. d)maritime labour certificate means the certificate referred to in Regulation 5.1.3; (
  2. e)requirements of this Convention refers to the requirements in these Articles and in the Regulations and Part A of the Code of this Convention; (
  3. f)seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; (
  4. g)seafarers' employment agreement includes both a contract of employment and articles of agreement; (
  5. h)seafarer recruitment and placement service means any person, company, institution, agency or other organization, in the public or the private sector, which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with shipowners; (
  6. i)ship means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; (
  7. j)shipowner means the owner of the ship or another organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this Convention, regardless of whether any other organization or persons fulfil certain of the duties or responsibiities on behalf of the shipowner. 2. Except as expressly provided otherwise, this Convention applies to all seafarers. 3. In the event of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners' and seafarers' organizations concerned with this question. 4. Except as expressly provided otherwise, this Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries. 5. In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners' and seafarers' organizations concerned. 6. Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or particular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in consultation with the shipowners' and seafarers' organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages. 7. Any determinations made by a Member under paragraph 3 or 5 or 6 of this Article shall be communicated to the Director-General of the International Labour Office, who shall notify the Members of the Organization. 8. Unless expressly provided otherwise, a reference to this Convention constitutes at the same time a reference to the Regulations and the Code. FUNDAMENTAL RIGHTS AND PRINCIPLES Article III Each Member shall satisfy itself that the provisions of its law and regulations respect, in the context of this Convention, the fundamental rights to: (
  8. a)freedom of association and the effective recognition of the right to collective bargaining; (
  9. b)the elimination of all forms of forced or compulsory labour; (
  10. c)the effective abolition of child labour; and (
  11. d)the elimination of discrimination in respect of employment and occupation. SEAFARERS' EMPLOYMENT AND SOCIAL RIGHTS Article IV 1. Every seafarer has the right to a safe and secure workplace that complies with safety standards. 2. Every seafarer has a right to fair terms of employment. 3. Every seafarer has a right to decent working and living conditions on board ship. 4. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection. 5. Each Member shall ensure, within the limits of its jurisdiction, that the seafarers' employment and social rights set out in the preceding paragraphs of this Article are fully implemented in accordance with the requirements of this Convention. Unless specified otherwise in the Convention, such implementation may be achieved through national laws or regulations, through applicable collective bargaining agreements or through other measures or in practice. IMPLEMENTATION AND ENFORCEMENT RESPONSIBILITIES Article V 1. Each Member shall implement and enforce laws or regulations or other measures that it has adopted to fulfil its commitments under this Convention with respect to ships and seafarers under its jurisdiction. 2. Each Member shall effectively exercise its jurisdiction and control over ships that fly its flag by establishing a system for ensuring compliance with the requirements of this Convention, including regular inspections, reporting, monitoring and legal proceedings under the applicable laws. 3. Each Member shall ensure that ships that fly its flag carry a maritime labour certificate and a declaration of maritime labour compliance as required by this Convention. 4. A ship to which this Convention applies may, in accordance with international law, be inspected by a Member other than the flag State, when the ship is in one of its ports, to determine whether the ship is in compliance with the requirements of this Convention. 5. Each Member shall effectively exercise its jurisdiction and control over seafarer recruitment and placement services, if these are established in its territory. 6. Each Member shall prohibit violations of the requirements of this Convention and shall, in accordance with international law, establish sanctions or require the adoption of corrective measures under its laws which are adequate to discourage such violations. 7. Each Member shall implement its responsibilities under this Convention in such a way as to ensure that the ships that fly the flag of any State that has not ratified this Convention do not receive more favourable treatment than the ships that fly the flag of any State that has ratified it. REGULATIONS AND PARTS A AND B OF THE CODE Article VI 1. The Regulations and the provisions of Part A of the Code are mandatory. The provisions of Part B of the Code are not mandatory. 2. Each Member undertakes to respect the rights and principles set out in the Regulations and to implement each Regulation in the manner set out in the corresponding provisions of Part A of the Code. In addition, the Member shall give due consideration to implementing its responsibilities in the manner provided for in Part B of the Code. 3. A Member which is not in a position to implement the rights and principles in the manner set out in Part A of the Code may, unless expressly provided otherwise in this Convention, implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A. 4. For the sole purpose of paragraph 3 of this Article, any law, regulation, collective agreement or other implementing measure shall be considered to be substantially equivalent, in the context of this Convention, if the Member satisfies itself that: (
  12. a)it is conducive to the full achievement of the general object and purpose of the provision or provisions of Part A of the Code concerned; and (
  13. b)it gives effect to the provision or provisions of Part A of the Code concerned. CONSULTATION WITH SHIPOWNERS' AND SEAFARERS' ORGANIZATIONS Article VII Any derogation, exemption or other flexible application of this Convention for which the Convention requires consultation with shipowners' and seafarers' organizations may, in cases where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided by that Member through consultation with the Committee referred to in Article XIII. ENTRY INTO FORCE Article VIII 1. The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. 2. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered by the Director-General. 3. This Convention shall come into force 12 months after the date on which there have been registered ratifications by at least 30 Members with a total share in the world gross tonnage of ships of 33 per cent. 4. Thereafter, this Convention shall come into force for any Member 12 months after the date on which its ratification has been registered. DENUNCIATION Article IX 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered. 2. Each Member which does not, within the year following the expiration of the period of ten years mentioned in paragraph 1 of this Article, exercise the right of denunciation provided for in this Article, shall be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each new period of ten years under the terms provided for in this Article. EFFECT OF ENTRY INTO FORCE Article X This Convention revises the following Conventions: Minimum Age (Sea) Convention, 1920 (No. 7) Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) Placing of Seamen Convention, 1920 (No. 9) Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) Seamen's Articles of Agreement Convention, 1926 (No. 22) Repatriation of Seamen Convention, 1926 (No. 23) Officers' Competency Certificates Convention, 1936 (No. 53) Holidays with Pay (Sea) Convention, 1936 (No. 54) Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) Sickness Insurance (Sea) Convention, 1936 (No. 56) Hours of Work and Manning (Sea) Convention, 1936 (No. 57) Minimum Age (Sea) Convention (Revised), 1936 (No. 58) Food and Catering (Ships' Crews) Convention, 1946 (No. 68) Certification of Ships' Cooks Convention, 1946 (No. 69) Social Security (Seafarers) Convention, 1946 (No. 70) Paid Vacations (Seafarers) Convention, 1946 (No. 72) Medical Examination (Seafarers) Convention, 1946 (No. 73) Certification of Able Seamen Convention, 1946 (No. 74) Accommodation of Crews Convention, 1946 (No. 75) Wages, Hours of Work and Manning (Sea) Convention, 1946 (No. 76) Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91) Accommodation of Crews Convention (Revised), 1949 (No. 92) Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 (No. 93) Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No. 109) Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133) Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) Continuity of Employment (Seafarers) Convention, 1976 (No. 145) Seafarers' Annual Leave with Pay Convention, 1976 (No. 146) Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) Seafarers' Welfare Convention, 1987 (No. 163) Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) Social Security (Seafarers) Convention (Revised), 1987 (No. 165) Repatriation of Seafarers Convention (Revised), 1987 (No. 166) Labour Inspection (Seafarers) Convention, 1996 (No. 178) Recruitment and Placement of Seafarers Convention, 1996 (No. 179) Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180). DEPOSITARY FUNCTIONS Article XI 1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, acceptances and denunciations under this Convention. 2. When the conditions provided for in paragraph 3 of Article VIII have been fulfilled, the Director-General shall draw the attention of the Members of the Organization to the date upon which the Convention will come into force. Article XII The Director-General of the International Labour Office shall communicate to the Secretary-General of the United Nations for registration in accordance with Article 102 of the Charter of the United Nations full particulars of all ratifications, acceptances and denunciations registered under this Convention. SPECIAL TRIPARTITE COMMITTEE Article XIII 1. The Governing Body of the International Labour Office shall keep the working of this Convention under continuous review through a committee established by it with special competence in the area of maritime labour standards. 2. For matters dealt with in accordance with this Convention, the Committee shall consist of two representatives nominated by the Government of each Member which has ratified this Convention, and the representatives of Shipowners and Seafarers appointed by the Governing Body after consultation with the Joint Maritime Commission. 3. The Government representatives of Members which have not yet ratified this Convention may participate in the Committee but shall have no right to vote on any matter dealt with in accordance with this Convention. The Governing Body may invite other organizations or entities to be represented on the Committee by observers. 4. The votes of each Shipowner and Seafarer representative in the Committee shall be weighted so as to ensure that the Shipowners' group and the Seafarers' group each have half the voting power of the total number of governments which are represented at the meeting concerned and entitled to vote. AMENDMENT OF THIS CONVENTION Article XIV 1. Amendments to any of the provisions of this Convention may be adopted by the General Conference of the International Labour Organization in the framework of article 19 of the Constitution of the International Labour Organisation and the rules and procedures of the Organization for the adoption of Conventions. Amendments to the Code may also be adopted following the procedures in Article XV. 2. In the case of Members whose ratifications of this Convention were registered before the adoption of the amendment, the text of the amendment shall be communicated to them for ratification. 3. In the case of other Members of the Organization, the text of the Convention as amended shall be communicated to them for ratification in accordance with article 19 of the Constitution. 4. An amendment shall be deemed to have been accepted on the date when there have been registered ratifications, of the amendment or of the Convention as amended, as the case may be, by at least 30 Members with a total share in the world gross tonnage of ships of at least 33 per cent. 5. An amendment adopted in the framework of article 19 of the Constitution shall be binding only upon those Members of the Organization whose ratifications have been registered by the Director-General of the International Labour Office. 6. For any Member referred to in paragraph 2 of this Article, an amendment shall come into force 12 months after the date of acceptance referred to in paragraph 4 of this Article or 12 months after the date on which its ratification of the amendment has been registered, whichever date is later. 7. Subject to paragraph 9 of this Article, for Members referred to in paragraph 3 of this Article, the Convention as amended shall come into force 12 months after the date of acceptance referred to in paragraph 4 of this Article or 12 months after the date on which their ratifications of the Convention have been registered, whichever date is later. 8. For those Members whose ratification of this Convention was registered before the adoption of an amendment but which have not ratified the amendment, this Convention shall remain in force without the amendment concerned. 9. Any Member whose ratification of this Convention is registered after the adoption of the amendment but before the date referred to in paragraph 4 of this Article may, in a declaration accompanying the instrument of ratification, specify that its ratification relates to the Convention without the amendment concerned. In the case of a ratification with such a declaration, the Convention shall come into force for the Member concerned 12 months after the date on which the ratification was registered. Where an instrument of ratification is not accompanied by such a declaration, or where the ratification is registered on or after the date referred to in paragraph 4, the Convention shall come into force for the Member concerned 12 months after the date on which the ratification was registered and, upon its entry into force in accordance with paragraph 7 of this Article, the amendment shall be binding on the Member concerned unless the amendment provides otherwise. AMENDMENTS TO THE CODE Article XV 1. The Code may be amended either by the procedure set out in Article XIV or, unless expressly provided otherwise, in accordance with the procedure set out in the present Article. 2. An amendment to the Code may be proposed to the Director-General of the International Labour Office by the government of any Member of the Organization or by the group of Shipowner representatives or the group of Seafarer representatives who have been appointed to the Committee referred to in Article XIII. An amendment proposed by a government must have been proposed by, or be supported by, at least five governments of Members that have ratified the Convention or by the group of Shipowner or Seafarer representatives referred to in this paragraph. 3. Having verified that the proposal for amendment meets the requirements of paragraph 2 of this Article, the Director-General shall promptly communicate the proposal, accompanied by any comments or suggestions deemed appropriate, to all Members of the Organization, with an invitation to them to transmit their observations or suggestions concerning the proposal within a period of six months or such other period (which shall not be less than three months nor more than nine months) prescribed by the Governing Body. 4. At the end of the period referred to in paragraph 3 of this Article, the proposal, accompanied by a summary of any observations or suggestions made under that paragraph, shall be transmitted to the Committee for consideration at a meeting. An amendment shall be considered adopted by the Committee if: (
  14. a)at least half the governments of Members that have ratified this Convention are represented in the meeting at which the proposal is considered; and (
  15. b)a majority of at least two-thirds of the Committee members vote in favour of the amendment; and (
  16. c)this majority comprises the votes in favour of at least half the government voting power, half the Shipowner voting power and half the Seafarer voting power of the Committee members registered at the meeting when the proposal is put to the vote. 5. Amendments adopted in accordance with paragraph 4 of this Article shall be submitted to the next session of the Conference for approval. Such approval shall require a majority of two-thirds of the votes cast by the delegates present. If such majority is not obtained, the proposed amendment shall be referred back to the Committee for reconsideration should the Committee so wish. 6. Amendments approved by the Conference shall be notified by the Director-General to each of the Members whose ratifications of this Convention were registered before the date of such approval by the Conference. These Members are referred to below as the ratifying Members . The notification shall contain a reference to the present Article and shall prescribe the period for the communication of any formal disagreement. This period shall be two years from the date of the notification unless, at the time of approval, the Conference has set a different period, which shall be a period of at least one year. A copy of the notification shall be communicated to the other Members of the Organization for their information. 7. An amendment approved by the Conference shall be deemed to have been accepted unless, by the end of the prescribed period, formal expressions of disagreement have been received by the Director-General from more than 40 per cent of the Members which have ratified the Convention and which represent not less than 40 per cent of the gross tonnage of the ships of the Members which have ratified the Convention. 8. An amendment deemed to have been accepted shall come into force six months after the end of the prescribed period for all the ratifying Members except those which had formally expressed their disagreement in accordance with paragraph 7 of this Article and have not withdrawn such disagreement in accordance with paragraph 11. However: (
  17. a)before the end of the prescribed period, any ratifying Member may give notice to the Director-General that it shall be bound by the amendment only after a subsequent express notification of its acceptance; and (
  18. b)before the date of entry into force of the amendment, any ratifying Member may give notice to the Director-General that it will not give effect to that amendment for a specified period. 9. An amendment which is the subject of a notice referred to in paragraph 8(
  19. a)of this Article shall enter into force for the Member giving such notice six months after the Member has notified the Director-General of its acceptance of the amendment or on the date on which the amendment first comes into force, whichever date is later. 10. The period referred to in paragraph 8(
  20. b)of this Article shall not go beyond one year from the date of entry into force of the amendment or beyond any longer period determined by the Conference at the time of approval of the amendment. 11. A Member that has formally expressed disagreement with an amendment may withdraw its disagreement at any time. If notice of such withdrawal is received by the Director-General after the amendment has entered into force, the amendment shall enter into force for the Member six months after the date on which the notice was registered. 12. After entry into force of an amendment, the Convention may only be ratified in its amended form. 13. To the extent that a maritime labour certificate relates to matters covered by an amendment to the Convention which has entered into force: (
  21. a)a Member that has accepted that amendment shall not be obliged to extend the benefit of the Convention in respect of the maritime labour certificates issued to ships flying the flag of another Member which: (
  22. i)pursuant to paragraph 7 of this Article, has formally expressed disagreement to the amendment and has not withdrawn such disagreement; or (
  23. ii)pursuant to paragraph 8(
  24. a)of this Article, has given notice that its acceptance is subject to its subsequent express notification and has not accepted the amendment; and (
  25. b)a Member that has accepted the amendment shall extend the benefit of the Convention in respect of the maritime labour certificates issued to ships flying the flag of another Member that has given notice, pursuant to paragraph 8(
  26. b)of this Article, that it will not give effect to that amendment for the period specified in accordance with paragraph 10 of this Article. AUTHORITATIVE LANGUAGES Article XVI The English and French versions of the text of this Convention are equally authoritative. EXPLANATORY NOTE TO THE REGULATIONS AND CODE OF THE MARITIME LABOUR CONVENTION 1. This explanatory note, which does not form part of the Maritime Labour Convention, is intended as a general guide to the Convention. 2. The Convention comprises three different but related parts: the Articles, the Regulations and the Code. 3. The Articles and Regulations set out the core rights and principles and the basic obligations of Members ratifying the Convention. The Articles and Regulations can only be changed by the Conference in the framework of article 19 of the Constitution of the International Labour Organisation (see Article XIV of the Convention). 4. The Code contains the details for the implementation of the Regulations. It comprises Part A (mandatory Standards) and Part B (non-mandatory Guidelines). The Code can be amended through the simplified procedure set out in Article XV of the Convention. Since the Code relates to detailed implementation, amendments to it must remain within the general scope of the Articles and Regulations. 5. The Regulations and the Code are organized into general areas under five Titles: Title 1: Minimum requirements for seafarers to work on a ship Title 2: Conditions of employment Title 3: Accommodation, recreational facilities, food and catering Title 4: Health protection, medical care, welfare and social security protection Title 5: Compliance and enforcement 6. Each Title contains groups of provisions relating to a particular right or principle (or enforcement measure in Title 5), with connected numbering. The first group in Title 1, for example, consists of Regulation 1.1, Standard A1.1 and Guideline B1.1, relating to minimum age. 7. The Convention has three underlying purposes: (
  27. a)to lay down, in its Articles and Regulations, a firm set of rights and principles; (
  28. b)to allow, through the Code, a considerable degree of flexibility in the way Members implement those rights and principles; and (
  29. c)to ensure, through Title 5, that the rights and principles are properly complied with and enforced. 8. There are two main areas for flexibility in implementation: one is the possibility for a Member, where necessary (see Article VI, paragraph 3), to give effect to the detailed requirements of Part A of the Code through substantial equivalence (as defined in Article VI, paragraph 4). 9. The second area of flexibility in implementation is provided by formulating the mandatory requirements of many provisions in Part A in a more general way, thus leaving a wider scope for discretion as to the precise action to be provided for at the national level. In such cases, guidance on implementation is given in the non-mandatory Part B of the Code. In this way, Members which have ratified this Convention can ascertain the kind of action that might be expected of them under the corresponding general obligation in Part A, as well as action that would not necessarily be required. For example, Standard A4.1 requires all ships to provide prompt access to the necessary medicines for medical care on board ship (paragraph 1(b)) and to carry a medicine chest (paragraph 4(a)). The fulfilment in good faith of this latter obligation clearly means something more than simply having a medicine chest on board each ship. A more precise indication of what is involved is provided in the corresponding Guideline B4.1.1 (paragraph 4) so as to ensure that the contents of the chest are properly stored, used and maintained. 10. Members which have ratified this Convention are not bound by the guidance concerned and, as indicated in the provisions in Title 5 on port State control, inspections would deal only with the relevant requirements of this Convention (Articles, Regulations and the Standards in Part A). However, Members are required under paragraph 2 of Article VI to give due consideration to implementing their responsibilities under Part A of the Code in the manner provided for in Part B. If, having duly considered the relevant Guidelines, a Member decides to provide for different arrangements which ensure the proper storage, use and maintenance of the contents of the medicine chest, to take the example given above, as required by the Standard in Part A, then that is acceptable. On the other hand, by following the guidance provided in Part B, the Member concerned, as well as the ILO bodies responsible for reviewing implementation of international labour Conventions, can be sure without further consideration that the arrangements the Member has provided for are adequate to implement the responsibilities under Part A to which the Guideline relates. THE REGULATIONS AND THE CODE TITLE 1. MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP Regulation Regulation 1.1 - Minimum age Purpose: To ensure that no under-age persons work on a ship 1. No person below the minimum age shall be employed or engaged or work on a ship. 2. The minimum age at the time of the initial entry into force of this Convention is 16 years. 3. A higher minimum age shall be required in the circumstances set out in the Code. Standard Standard A1.1 - Minimum age 1. The employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited. 2. Night work of seafarers under the age of 18 shall be prohibited. For the purposes of this Standard, night shall be defined in accordance with national law and practice. It shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. 3. An exception to strict compliance with the night work restriction may be made by the competent authority when: (
  30. a)the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired; or (
  31. b)the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners' and seafarers' organizations concerned, that the work will not be detrimental to their health or well-being. 4. The employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety. The types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners' and seafarers' organizations concerned, in accordance with relevant international standards. Guideline Guideline B1.1 - Minimum age 1. When regulating working and living conditions, Members should give special attention to the needs of young persons under the age of 18. Regulation Regulation 1.2 - Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea 1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties. 2. Exceptions can only be permitted as prescribed in the Code. Standard Standard A1.2 - Medical certificate 1. 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. 2. 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. 3. This Standard is without prejudice to the International Convention on Standards 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 seafarers not covered by STCW, shall similarly be accepted. 4. The medical certificate shall be issued by a duly qualified medical practitioner 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 undertaking medical examination procedures. 5. Seafarers that have been refused a certificate or have had a limitation imposed on their ability to work, in particular with respect to time, field of work or trading area, shall be given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee. 6. Each medical certificate shall state in particular that: (
  32. 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 performed is liable to be affected by defective colour vision, are all satisfactory; and (
  33. 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. 7. Unless a shorter period is required by reason of the specific duties to be performed by the seafarer concerned or is required under STCW: (
  34. 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; (
  35. b)a certification of colour vision shall be valid for a maximum period of six years. 8. In urgent cases the competent authority may permit a seafarer to work without 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: (
  36. a)the period of such permission does not exceed three months; and (
  37. b)the seafarer concerned is in possession of an expired medical certificate of recent date. 9. 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 Guideline B1.2 - Medical certificate Guideline B1.2.1 - International guidelines 1. The competent authority, medical practitioners, examiners, shipowners, seafarers' representatives and all other persons concerned with the conduct of medical fitness 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 Maritime Organization or the World Health Organization. Regulation Regulation 1.3 - Training and qualifications Purpose: To ensure that seafarers are trained or qualified to carry out their duties on board ship 1. Seafarers shall not work on a ship unless they are trained or certified as competent or otherwise qualified to perform their duties. 2. Seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. 3. 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. 4. 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 provisions 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, whichever date is earlier. Regulation 1.4 - Recruitment and placement Purpose: To ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system 1. All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer. 2. Seafarer recruitment and placement services operating in a Member's territory shall conform to the standards set out in the Code. 3. 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 Standard A1.4 - Recruitment and placement 1. 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. 2. 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 concerned. Undue proliferation of private seafarer recruitment and placement services shall not be encouraged. 3. 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 shipowners' and seafarers' organizations concerned, to be appropriate - in the context of recruitment and placement services operated by a seafarers' organization in the territory 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: (
  38. a)the recruitment and placement service is operated pursuant to a collective bargaining agreement between that organization and a shipowner; (
  39. b)both the seafarers' organization and the shipowner are based in the territory of the Member; (
  40. c)The Member has national laws or regulations or a procedure to authorize or register the collective bargaining agreement permitting the operation of the recruitment and placement service; and (
  41. d)the recruitment and placement service is operated in an orderly manner and measures are in place to protect and promote seafarers' employment rights comparable to those provided in paragraph 5 of this Standard. 4. Nothing in this Standard or Regulation 1.4 shall be deemed to: (
  42. 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 (
  43. b)impose on a Member the obligation to establish a system for the operation of private seafarer recruitment or placement services in its territory. 5. 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: (
  44. a)prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified; (
  45. 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 (
  46. c)ensure that seafarer recruitment and placement services operating in its territory: (
  47. i)maintain an up-to-date register of all seafarers recruited or placed through them, to be available for inspection by the competent authority; (
  48. 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' employment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement; (
  49. iv)make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port; (
  50. v)examine and respond to any complaint concerning their activities and advise the competent authority of any unresolved complaint; (
  51. vi)establish a system of protection, by way of insurance or an equivalent appropriate 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. 6. The competent authority shall closely supervise and control all seafarer recruitment and placement services operating in the territory of the Member concerned. Any licences or certificates or similar authorizations for the operation of private services in the territory are granted or renewed only after verification that the seafarer recruitment and placement service concerned meets the requirements of national laws and regulations. 7. The competent authority shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers. 8. Each Member which has ratified this Convention shall, in so far as practicable, 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 equivalent to those fixed by this Convention are being applied. Measures taken to this effect 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. 9. Each Member which has ratified this Convention shall require that shipowners 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 Guideline B1.4 - Recruitment and placement Guideline B1.4.1 - Organizational and operational guidelines 1. When fulfilling its obligations under Standard A1.4, paragraph 1, the competent authority should consider: (
  52. a)taking the necessary measures to promote effective cooperation among seafarer recruitment and placement services, whether public or private; (
  53. 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 prevention operations, with the participation of shipowners, seafarers and the relevant training institutions; (
  54. c)making suitable arrangements for the cooperation of representative shipowners' and seafarers' organizations in the organization and operation of the public seafarer recruitment and placement services, where they exist; (
  55. d)determining, with due regard to the right to privacy and the need to protect confidentiality, the conditions under which seafarers' personal data may be processed by seafarer recruitment and placement services, including the collection, storage, combination and communication of such data to third parties; (
  56. e)maintaining an arrangement for the collection and analysis of all relevant information on the maritime labour market, including the current and prospective supply 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 admissible only for statistical purposes or if used in the framework of a programme to prevent discrimination based on age or sex; (
  57. f)ensuring that the staff responsible for the supervision of public and private seafarer 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 knowledge of the maritime industry, including the relevant maritime international instruments on training, certification and labour standards; (
  58. g)prescribing operational standards and adopting codes of conduct and ethical practices for seafarer recruitment and placement services; and (
  59. h)exercising supervision of the licensing or certification system on the basis of a system of quality standards. 2. In establishing the system referred to in Standard A1.4, paragraph 2, each Member should consider requiring seafarer recruitment and placement services, established 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 services should address the following matters: (
  60. a)medical examinations, seafarers' identity documents and such other items as may be required for the seafarer to gain employment; (
  61. b)maintaining, with due regard to the right to privacy and the need to protect confidentiality, full and complete records of the seafarers covered by their recruitment and placement system, which should include but not be limited to: (
  62. i)the seafarers' qualifications; (
  63. ii)record of employment; (iii) personal data relevant to employment; and (
  64. iv)medical data relevant to employment; (
  65. 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; (
  66. 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; (
  67. e)procedures to prevent the opportunities for exploitation of seafarers arising from the issue of joining advances or any other financial transaction between the shipowner and the seafarers which are handled by the seafarer recruitment and placement services; (
  68. f)clearly publicizing costs, if any, which the seafarer will be expected to bear in the recruitment process; (
  69. 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; (
  70. h)procedures which are in accordance with the principles of natural justice for dealing with cases of incompetence or indiscipline consistent with national laws and practice and, where applicable, with collective agreements; (
  71. 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 fraudulently obtained and that employment references are verified; (
  72. j)procedures to ensure that requests for information or advice by families of seafarers while the seafarers are at sea are dealt with promptly and sympathetically and at no cost; and (
  73. k)verifying that labour conditions on ships where seafarers are placed are in conformity with applicable collective bargaining agreements concluded between a shipowner and a representative seafarers' organization and, as a matter of policy, supplying seafarers only to shipowners that offer terms and conditions of employment to seafarers which comply with applicable laws or regulations or collective agreements. 3. Consideration should be given to encouraging international cooperation between Members and relevant organizations, such as: (
  74. a)the systematic exchange of information on the maritime industry and labour market on a bilateral, regional and multilateral basis; (
  75. b)the exchange of information on maritime labour legislation; (
  76. c)the harmonization of policies, working methods and legislation governing recruitment and placement of seafarers; (
  77. d)the improvement of procedures and conditions for the international recruitment and placement of seafarers; and (
  78. e)workforce planning, taking account of the supply of and demand for seafarers and the requirements of the maritime industry. TITLE 2. CONDITIONS OF EMPLOYMENT Regulation Regulation 2.1 - Seafarers' employment agreements Purpose: To ensure that seafarers have a fair employment agreement 1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code. 2. 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. 3. To the extent compatible with the Member's national law and practice, seafarers' employment agreements shall be understood to incorporate any applicable collective bargaining agreements. Standard Standard A2.1 - Seafarers' employment agreements 1. Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements: (
  79. 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; (
  80. b)seafarers signing a seafarers' employment agreement shall be given an opportunity 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; (
  81. c)the shipowner and seafarer concerned shall each have a signed original of the seafarers' employment agreement; (
  82. 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' employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited; and (
  83. e)seafarers shall be given a document containing a record of their employment on board the ship. 2. Where a collective bargaining agreement forms all or part of a seafarers' employment agreement, a copy of that agreement shall be available on board. Where the language of the seafarers' employment agreement and any applicable collective bargaining agreement is not in English, the following shall also be available in English (except for ships engaged only in domestic voyages): (
  84. a)a copy of a standard form of the agreement; and (
  85. b)the portions of the collective bargaining agreement that are subject to a port State inspection under Regulation 5.2. 3. The document referred to in paragraph 1(
  86. e)of this Standard shall not contain 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 particulars are to be entered, shall be determined by national law. 4. 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 particulars: (
  87. a)the seafarer's full name, date of birth or age, and birthplace; (
  88. b)the shipowner's name and address; (
  89. c)the place where and date when the seafarers' employment agreement is entered into; (
  90. d)the capacity in which the seafarer is to be employed; (
  91. e)the amount of the seafarer's wages or, where applicable, the formula used for calculating them; (
  92. f)the amount of paid annual leave or, where applicable, the formula used for calculating it; (
  93. g)the termination of the agreement and the conditions thereof, including: (
  94. i)if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer; (
  95. 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 discharged; (
  96. h)the health and social security protection benefits to be provided to the seafarer by the shipowner; (
  97. i)the seafarer's entitlement to repatriation; (
  98. j)reference to the collective bargaining agreement, if applicable; and (
  99. k)any other particulars which national law may require. 5. 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 seafarers' employment agreement. The duration of these minimum periods shall be determined after consultation with the shipowners' and seafarers' organizations concerned, but shall not be shorter than seven days. 6. A notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. Guideline Guideline B2.1 - Seafarers' employment agreements Guideline B2.1.1 - Record of employment 1. 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(
  100. e)of that Standard. Regulation Regulation 2.2 - Wages Purpose: To ensure that seafarers are paid for their services 1. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements. Standard Standard A2.2 - Wages 1. 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. 2. 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. 3. 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. 4. Measures to ensure that seafarers are able to transmit their earnings to their families include: (
  101. a)a system for enabling seafarers, at the time of their entering employment or during 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 (
  102. b)a requirement that allotments should be remitted in due time and directly to the person or persons nominated by the seafarers. 5. 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. 6. 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 Guideline B2.2 - Wages Guideline B2.2.1 - Specific definitions 1. For the purpose of this Guideline, the term: (
  103. 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; (
  104. 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; (
  105. 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 overtime hours which are worked and all other pay-related benefits, or it may include only certain benefits in a partial consolidation; (
  106. d)hours of work means time during which seafarers are required to do work on account of the ship; (
  107. e)overtime means time worked in excess of the normal hours of work. Guideline B2.2.2 - Calculation and payment 1. For seafarers whose remuneration includes separate compensation for overtime worked: (
  108. a)for the purpose of calculating wages, the normal hours of work at sea and in port should not exceed eight hours per day; (
  109. 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 regulations, 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; (
  110. 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 (
  111. 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. 2. For seafarers whose wages are fully or partially consolidated: (
  112. a)the seafarers' employment agreement should specify clearly, where appropriate, the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the consolidated wage, and in which circumstances; (
  113. 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 defined in paragraph 1 of this Guideline; the same principle should be applied to the overtime hours included in the consolidated wage; (
  114. c)remuneration for that portion of the fully or partially consolidated wage representing the normal hours of work as defined in paragraph 1(
  115. a)of this Guideline should be no less than the applicable minimum wage; and (
  116. d)for seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided for in paragraph 1(
  117. d)of this Guideline. 3. National laws or regulations or collective agreements may provide for compensation 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. 4. 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: (
  118. a)equal remuneration for work of equal value should apply to all seafarers employed on the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin; (
  119. 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 accessible to seafarers or by some other appropriate means; (
  120. c)wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank cheque, postal cheque or money order; (
  121. d)on termination of engagement all remuneration due should be paid without undue delay; (
  122. e)adequate penalties or other appropriate remedies should be imposed by the competent authority where shipowners unduly delay, or fail to make, payment of all remuneration due; (
  123. f)wages should be paid directly to seafarers' designated bank accounts unless they request otherwise in writing; (
  124. g)subject to subparagraph (
  125. h)of this paragraph, the shipowner should impose no limit on seafarers' freedom to dispose of their remuneration; (
  126. h)deduction from remuneration should be permitted only if: (
  127. i)there is an express provision in national laws or regulations or in an applicable collective agreement and the seafarer has been informed, in the manner deemed most appropriate by the competent authority, of the conditions for such deductions; and (
  128. ii)the deductions do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions; (
  129. i)no deductions should be made from a seafarer's remuneration in respect of obtaining or retaining employment; (
  130. j)monetary fines against seafarers other than those authorized by national laws or regulations, collective agreements or other measures should be prohibited; (
  131. 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 (
  132. 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 International 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). 5. Each Member should, after consulting with representative shipowners' and seafarers' organizations, have procedures to investigate complaints relating to any matter contained in this Guideline. Guideline B2.2.3 - Minimum wages 1. Without prejudice to the principle of free collective bargaining, each Member 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. 2. 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: (
  133. a)the level of minimum wages should take into account the nature of maritime employment, crewing levels of ships, and seafarers' normal hours of work; and (
  134. 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. 3. The competent authority should ensure: (
  135. a)by means of a system of supervision and sanctions, that wages are paid at not less than the rate or rates fixed; and (
  136. 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 procedure, the amount by which they have been underpaid. Guideline B2.2.4 - Minimum monthly basic pay or wage figure for able seafarers 1. 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. 2. Nothing in this Guideline should be deemed to prejudice arrangements agreed between shipowners or their organizations and seafarers' organizations with regard to the regulation of standard minimum terms and conditions of employment, provided such terms and conditions are recognized by the competent authority. Regulation Regulation 2.3 - Hours of work and hours of rest Purpose: To ensure that seafarers have regulated hours of work or hours of rest 1. Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated. 2. 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 Standard A2.3 - Hours of work and hours of rest 1. For the purpose of this Standard, the term: (
  137. a)hours of work means time during which seafarers are required to do work on account of the ship; (
  138. b)hours of rest means time outside hours of work; this term does not include short breaks. 2. Each Member shall within the limits set out in paragraphs 5 to 8 of this Standard 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. 3. 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. 4. In determining the national standards, each Member shall take account of the danger posed by the fatigue of seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship. 5. The limits on hours of work or rest shall be as follows: (
  139. a)maximum hours of work shall not exceed: (
  140. i)14 hours in any 24-hour period; and (
  141. ii)72 hours in any seven-day period; or (
  142. b)minimum hours of rest shall not be less than: (
  143. i)ten hours in any 24-hour period; and (
  144. ii)77 hours in any seven-day period. 6. 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. 7. 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. 8. 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. 9. 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 paragraph 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: (
  145. a)the schedule of service at sea and service in port; and (
  146. b)the maximum hours of work or the minimum hours of rest required by national laws or regulations or applicable collective agreements. 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 paragraphs 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 Standard. 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 immediate 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 Guideline B2.3 - Hours of work and hours of rest Guideline B2.3.1 - Young seafarers 1. At sea and in port the following provisions should apply to all young seafarers under the age of 18: (
  147. 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; (
  148. 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 (
  149. c)a 15-minute rest period as soon as possible following each two hours of continuous work should be allowed. 2. Exceptionally, the provisions of paragraph 1 of this Guideline need not be applied if: (
  150. 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 (
  151. b)the effective training of young seafarers in accordance with established programmes and schedules would be impaired. 3. Such exceptional situations should be recorded, with reasons, and signed by the master. 4. Paragraph 1 of this Guideline does not exempt young seafarers from the general obligation on all seafarers to work during any emergency as provided for in Standard A2.3, paragraph 14. Regulation Regulation 2.4 - Entitlement to leave Purpose: To ensure that seafarers have adequate leave 1. 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 provisions in the Code. 2. Seafarers shall be granted shore leave to benefit their health and well-being and with the operational requirements of their positions. Standard Standard A2.4 - Entitlement to leave 1. 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. 2. 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. 3. 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 Guideline B2.4 - Entitlement to leave Guideline B2.4.1 - Calculation of entitlement 1. 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. 2. Under conditions as determined by the competent authority or in an applicable collective agreement, absence from work to attend an approved maritime vocational training course or for such reasons as illness or injury or for maternity should be counted as part of the period of service. 3. 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 seafarers' 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. 4. The following should not be counted as part of annual leave with pay: (
  152. a)public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay; (
  153. b)periods of incapacity for work resulting from illness or injury or from maternity, under conditions as determined by the competent authority or through the appropriate machinery in each country; (
  154. c)temporary shore leave granted to a seafarer while under an employment agreement; and (
  155. d)compensatory leave of any kind, under conditions as determined by the competent authority or through the appropriate machinery in each country. Guideline B2.4.2 - Taking of annual leave 1. The time at which annual leave is to be taken should, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the shipowner after consultation and, as far as possible, in agreement with the seafarers concerned or their representatives. 2. Seafarers should in principle have the right to take annual leave in the place with which they have a substantial connection, which would normally be the same as the place to which they are entitled to be repatriated. Seafarers should not be required without their consent to take annual leave due to them in another place except under the provisions of a seafarers' employment agreement or of national laws or regulations. 3. If seafarers are required to take their annual leave from a place other than that permitted by paragraph 2 of this Guideline, they should be entitled to free transportation to the place where they were engaged or recruited, whichever is nearer their home; subsistence and other costs directly involved should be for the account of the shipowner; the travel time involved should not be deducted from the annual leave with pay due to the seafarer. 4. A seafarer taking annual leave should be recalled only in cases of extreme emergency and with the seafarer's consent. Guideline B2.4.3 - Division and accumulation 1. The division of the annual leave with pay into parts, or the accumulation of such annual leave due in respect of one year together with a subsequent period of leave, may be authorized by the competent authority or through the appropriate machinery in each country. 2. Subject to paragraph 1 of this Guideline and unless otherwise provided in an agreement applicable to the shipowner and the seafarer concerned, the annual leave with pay recommended in this Guideline should consist of an uninterrupted period. Guideline B2.4.4 - Young seafarers 1. Special measures should be considered with respect to young seafarers under the age of 18 who have served six months or any other shorter period of time under a collective agreement or seafarers' employment agreement without leave on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the subsequent three months of the voyage. Such measures could consist of their repatriation at no expense to themselves to the place of original engagement in their country of residence for the purpose of taking any leave earned during the voyage. Regulation Regulation 2.5 - Repatriation Purpose: To ensure that seafarers are able to return home 1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code. 2. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. Standard Standard A2.5 - Repatriation 1. Each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: (
  156. a)if the seafarers' employment agreement expires while they are abroad; (
  157. b)when the seafarers' employment agreement is terminated: (
  158. i)by the shipowner; or (
  159. ii)by the seafarer for justified reasons; and also (
  160. c)when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances. 2. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (
  161. a)the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(
  162. b)and (
  163. c)of this Standard; (
  164. b)the maximum duration of service periods on board following which a seafarer is entitled to repatriation - such periods to be less than 12 months; and (
  165. c)the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners. 3. Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers' wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer's employment obligations. 4. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation under third-party contractual arrangements. 5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated: (
  166. a)the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the seafarers concerned; if it fails to do so, the State from which the seafarers are to be repatriated or the State of which they are a national may arrange for their repatriation and recover the cost from the Member whose flag the ship flies; (
  167. b)costs incurred in repatriating seafarers shall be recoverable from the shipowner by the Member whose flag the ship flies; (
  168. c)the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in paragraph 3 of this Standard. 6. Taking into account applicable international instruments, including the International Convention on Arrest of Ships, 1999, a Member which has paid the cost of repatriation pursuant to this Code may detain, or request the detention of, the ships of the shipowner concerned until the reimbursement has been made in accordance with paragraph 5 of this Standard. 7. Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through its territorial or internal waters, as well as their replacement on board. 8. In particular, a Member shall not refuse the right of repatriation to any seafarer because of the financial circumstances of a shipowner or because of the ship-owner's inability or unwillingness to replace a seafarer. 9. Each Member shall require that ships that fly its flag carry and make available to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language. Guideline Guideline B2.5 - Repatriation Guideline B2.5.1 - Entitlement 1. Seafarers should be entitled to repatriation: (
  169. a)in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of the period of notice given in accordance with the provisions of the seafarers' employment agreement; (
  170. b)in the cases covered by Standard A2.5, paragraph 1(
  171. b)and (c): (
  172. i)in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel; (
  173. ii)in the event of shipwreck; (iii) in the event of the shipowner not being able to continue to fulfil their legal or contractual obligations as an employer of the seafarers by reason of insolvency, sale of ship, change of ship's registration or any other similar reason; (
  174. iv)in the event of a ship being bound for a war zone, as defined by national laws or regulations or seafarers' employment agreements, to which the seafarer does not consent to go; and (
  175. v)in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason. 2. In determining the maximum duration of service periods on board following which a seafarer is entitled to repatriation, in accordance with this Code, account should be taken of factors affecting the seafarers' working environment. Each Member should seek, wherever possible, to reduce these periods in the light of technological changes and developments and might be guided by any recommendations made on the matter by the Joint Maritime Commission. 3. The costs to be borne by the shipowner for repatriation under Standard A2.5 should include at least the following: (
  176. a)passage to the destination selected for repatriation in accordance with paragraph 6 of this Guideline; (
  177. b)accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination; (
  178. c)pay and allowances from the moment the seafarers leave the ship until they reach the repatriation destination, if provided for by national laws or regulations or collective agreements; (
  179. d)transportation of 30 kg of the seafarers' personal luggage to the repatriation destination; and (
  180. e)medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination. 4. Time spent awaiting repatriation and repatriation travel time should not be deducted from paid leave accrued to the seafarers. 5. Shipowners should be required to continue to cover the costs of repatriation until the seafarers concerned are landed at a destination prescribed pursuant to this Code or are provided with suitable employment on board a ship proceeding to one of those destinations. 6. Each Member should require that shipowners take responsibility for repatriation arrangements by appropriate and expeditious means. The normal mode of transport should be by air. The Member should prescribe the destinations to which seafarers may be repatriated. The destinations should include the countries with which seafarers may be deemed to have a substantial connection including: (
  181. a)the place at which the seafarer agreed to enter into the engagement; (
  182. b)the place stipulated by collective agreement; (
  183. c)the seafarer's country of residence; or (
  184. d)such other place as may be mutually agreed at the time of engagement. 7. Seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated. 8. The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements. Guideline B2.5.2 - Implementation by Members 1. Every possible practical assistance should be given to a seafarer stranded in a foreign port pending repatriation and in the event of delay in the repatriation of the seafarer, the competent authority in the foreign port should ensure that the consular or local representative of the flag State and the seafarer's State of nationality or State of residence, as appropriate, is informed immediately. 2. Each Member should have regard to whether proper provision is made: (
  185. a)for the return of seafarers employed on a ship that flies the flag of a foreign country who are put ashore in a foreign port for reasons for which they are not responsible: (
  186. i)to the port at which the seafarer concerned was engaged; or (
  187. ii)to a port in the seafarer's State of nationality or State of residence, as appropriate; or (iii) to another port agreed upon between the seafarer and the master or shipowner, with the approval of the competent authority or under other appropriate safeguards; (
  188. b)for medical care and maintenance of seafarers employed on a ship that flies the flag of a foreign country who are put ashore in a foreign port in consequence of sickness or injury incurred in the service of the ship and not due to their own wilful misconduct. 3. If, after young seafarers under the age of 18 have served on a ship for at least four months during their first foreign-going voyage, it becomes apparent that they are unsuited to life at sea, they should be given the opportunity of being repatriated at no expense to themselves from the first suitable port of call in which there are consular services of the flag State, or the State of nationality or residence of the young seafarer. Notification of any such repatriation, with the reasons therefor, should be given to the authority which issued the papers enabling the young seafarers concerned to take up seagoing employment. Regulation Regulation 2.6 - Seafarer compensation for the ship's loss or foundering Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered 1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship's loss or foundering. Standard Standard A2.6 - Seafarer compensation for the ship's loss or foundering 1. Each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering. 2. The rules referred to in paragraph 1 of this Standard shall be without prejudice to any other rights a seafarer may have under the national law of the Member concerned for losses or injuries arising from a ship's loss or foundering. Guideline Guideline B2.6 - Seafarer compensation for the ship's loss or foundering Guideline B2.6.1 - Calculation of indemnity against unemployment 1. The indemnity against unemployment resulting from a ship's foundering or loss should be paid for the days during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment agreement, but the total indemnity payable to any one seafarer may be limited to two months' wages. 2. Each Member should ensure that seafarers have the same legal remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service. Regulation Regulation 2.7 - Manning levels Purpose: To ensure that seafarers work on board ships with sufficient personnel for the safe, efficient and secure operation of the ship 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers employed on board to ensure that ships are operated safely, efficiently and with due regard to security under all conditions, taking into account concerns about seafarer fatigue and the particular nature and conditions of the voyage. Standard Standard A2.7 - Manning levels 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers on board to ensure that ships are operated safely, efficiently and with due regard to security. Every ship shall be manned by a crew that is adequate, in terms of size and qualifications, to ensure the safety and security of the ship and its personnel, under all operating conditions, in accordance with the minimum safe manning document or an equivalent issued by the competent authority, and to comply with the standards of this Convention. 2. When determining, approving or revising manning levels, the competent authority shall take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue, as well as the principles in applicable international instruments, especially those of the International Maritime Organization, on manning levels. 3. When determining manning levels, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. Guideline Guideline B2.7 - Manning levels Guideline B2.7.1 - Dispute settlement 1. Each Member should maintain, or satisfy itself that there is maintained, efficient machinery for the investigation and settlement of complaints or disputes concerning the manning levels on a ship. 2. Representatives of shipowners' and seafarers' organizations should participate, with or without other persons or authorities, in the operation of such machinery. Regulation Regulation 2.8 - Career and skill development and opportunities for seafarers' employment Purpose: To promote career and skill development and employment opportunities for seafarers 1. Each Member shall have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employment opportunities for seafarers domiciled in its territory. Standard Standard A2.8 - Career and skill development and employment opportunities for seafarers 1. Each Member shall have national policies that encourage career and skill development and employment opportunities for seafarers, in order to provide the maritime sector with a stable and competent workforce. 2. The aim of the policies referred to in paragraph 1 of this Standard shall be to help seafarers strengthen their competencies, qualifications and employment opportunities. 3. Each Member shall, after consulting the shipowners' and seafarers' organizations concerned, establish clear objectives for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to the safe operation and navigation of the ship, including ongoing training. Guideline Guideline B2.8 - Career and skill development and employment opportunities for seafarers Guideline B2.8.1 - Measures to promote career and skill development and employment opportunities for seafarers 1. Measures to achieve the objectives set out in Standard A2.8 might include: (
  189. a)agreements providing for career development and skills training with a shipowner or an organization of shipowners; or (
  190. b)arrangements for promoting employment through the establishment and maintenance of registers or lists, by categories, of qualified seafarers; or (
  191. c)promotion of opportunities, both on board and ashore, for further training and education of seafarers to provide for skill development and portable competencies in order to secure and retain decent work, to improve individual employment prospects and to meet the changing technology and labour market conditions of the maritime industry. Guideline B2.8.2 - Register of seafarers 1. Where registers or lists govern the employment of seafarers, these registers or lists should include all occupational categories of seafarers in a manner determined by national law or practice or by collective agreement. 2. Seafarers on such a register or list should have priority of engagement for seafaring. 3. Seafarers on such a register or list should be required to be available for work in a manner to be determined by national law or practice or by collective agreement. 4. To the extent that national laws or regulations permit, the number of seafarers on such registers or lists should be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry. 5. When a reduction in the number of seafarers on such a register or list becomes necessary, all appropriate measures should be taken to prevent or minimize detrimental effects on seafarers, account being taken of the economic and social situation of the country concerned. TITLE 3. ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING Regulation Regulation 3.1 - Accommodation and recreational facilities Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board 1. Each Member shall ensure that ships that fly its flag provide and maintain decent accommodations and recreational facilities for seafarers working or living on board, or both, consistent with promoting the seafarers' health and well-being. 2. The requirements in the Code implementing this Regulation which relate to ship construction and equipment apply only to ships constructed on or after the date when this Convention comes into force for the Member concerned. For ships constructed before that date, the requirements relating to ship construction and equipment that are set out in the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. A ship shall be deemed to have been constructed on the date when its keel is laid or when it is at a similar stage of contruction. 3. Unless expressly provided otherwise, any requirement under an amendment to the Code relating to the provision of seafarer accommodation and recreational facilities shall apply only to ships constructed on or after the amendment takes effect for the Member concerned. Standard Standard A3.1 - Accommodation and recreational facilities 1. Each Member shall adopt laws and regulations requiring that ships that fly its flag: (
  192. a)meet minimum standards to ensure that any accommodation for seafarers, working or living on board, or both, is safe, decent and in accordance with the relevant provisions of this Standard; and (
  193. b)are inspected to ensure initial and ongoing compliance with those standards. 2. In developing and applying the laws and regulations to implement this Standard, the competent authority, after consulting the shipowners' and seafarers' organizations concerned, shall: (
  194. a)take into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention, in light of the specific needs of seafarers that both live and work on board ship, and (
  195. b)give due consideration to the guidance contained in Part B of this Code. 3. The inspections required under Regulation 5.1.4 shall be carried out when: (
  196. a)a ship is registered or re-registered; or (
  197. b)the seafarer accommodation on a ship has been substantially altered. 4. The competent authority shall pay particular attention to ensuring implementation of the requirements of this Convention relating to: (
  198. a)the size of rooms and other accommodation spaces; (
  199. b)heating and ventilation; (
  200. c)noise and vibration and other ambient factors; (
  201. d)sanitary facilities; (
  202. e)lighting; and (
  203. f)hospital accommodation. 5. The competent authority of each Member shall require that ships that fly its flag meet the minimum standards for on-board accommodation and recreational facilities that are set out in paragraphs 6 to 17 of this Standard. 6. With respect to general requirements for accommodation: (
  204. a)there shall be adequate headroom in all seafarer accommodation; the minimum permitted headroom in all seafarer accommodation where full and free movement is necessary shall be not less than 203 centimetres; the competent authority may permit some limited reduction in headroom in any space, or part of any space, in such accommodation where it is satisfied that such reduction: (
  205. i)is reasonable; and (
  206. ii)will not result in discomfort to the seafarers; (
  207. b)the accommodation shall be adequately insulated; (
  208. c)in ships other than passenger ships, as defined in Regulation 2(
  209. e)and (
  210. f)of the International Convention for the Safety of Life at Sea, 1974, as amended (the SOLAS Convention), sleeping rooms shall be situated above the load line amidships or aft, except that in exceptional cases, where the size, type or intended service of the ship renders any other location impracticable, sleeping rooms may be located in the fore part of the ship, but in no case forward of the collision bulkhead; (
  211. d)in passenger ships, and in special ships constructed in compliance with the IMO Code of Safety for Special Purpose Ships, 1983, and subsequent versions (hereinafer called special purpose ships), the competent authority may, on condition that satisfactory arrangements are made for lighting and ventilation, permit the location of sleeping rooms below the load line, but in no case shall they be located immediately beneath working alleyways; (
  212. e)there shall be no direct openings into sleeping rooms from cargo and machinery spaces or from galleys, storerooms, drying rooms or communal sanitary areas; that part of a bulkhead separating such places from sleeping rooms and external bulkheads shall be efficiently constructed of steel or other approved substance and be watertight and gas-tight; (
  213. f)the materials used to construct internal bulkheads, panelling and sheeting, floors and joinings shall be suitable for the purpose and conducive to ensuring a healthy environment; (
  214. g)proper lighting and sufficient drainage shall be provided; and (
  215. h)accommodation and recreational and catering facilities shall meet the requirements in Regulation 4.3, and the related provisions in the Code, on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board ships, and to provide an acceptable occupational and on-board living environment for seafarers. 7. With respect to requirements for ventilation and heating: (
  216. a)sleeping rooms and mess rooms shall be adequately ventilated; (
  217. b)ships, except those regularly engaged in trade where temperate climatic conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room; (
  218. c)all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation; and (
  219. d)adequate heat through an appropriate heating system shall be provided, except in ships exclusively on voyages in tropical climates. 8. With respect to requirements for lighting, subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light. 9. When sleeping accommodation on board ships is required, the following requirements for sleeping rooms apply: (
  220. a)in ships other than passenger ships, an individual sleeping room shall be provided for each seafarer; in the case of ships of less than 3,000 gross tonnage or special purpose ships, exemptions from this requirement may be granted by the competent authority after consultation with the shipowners' and seafarers' organizations concerned; (
  221. b)separate sleeping rooms shall be provided for men and for women; (
  222. c)sleeping rooms shall be of adequate size and properly equipped so as to ensure reasonable comfort and to facilitate tidiness; (
  223. d)a separate berth for each seafarer shall in all circumstances be provided; (
  224. e)the minimum inside dimensions of a berth shall be at least 198 centimetres by 80 centimetres; (
  225. f)in single berth seafarers' sleeping rooms the floor area shall not be less than: (
  226. i)4.5 square metres in ships of less than 3,000 gross tonnage; (
  227. ii)5.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000 gross tonnage; (iii) 7 square metres in ships of 10,000 gross tonnage or over; (
  228. g)however, in order to provide single berth sleeping rooms on ships of less than 3,000 gross tonnage, passenger ships and special purpose ships, the competent authority may allow a reduced floor area; (
  229. h)in ships of less than 3,000 gross tonnage other than passenger ships and special purpose ships, sleeping rooms may be occupied by a maximum of two seafarers; the floor area of such sleeping rooms shall not be less than 7 square metres; (
  230. i)on passenger ships and special purpose ships the floor area of sleeping rooms for seafarers not performing the duties of ships' officers shall not be less than: (
  231. i)7.5 square metres in rooms accommodating two persons; (
  232. ii)11.5 square metres in rooms accommodating three persons; (iii) 14.5 square metres in rooms accommodating four persons; (
  233. j)on special purpose ships sleeping rooms may accommodate more than four persons; the floor area of such sleeping rooms shall not be less than 3.6 square metres per person; (
  234. k)on ships other than passenger ships and special purpose ships, sleeping rooms for seafarers who perform the duties of ships' officers, where no private sitting room or day room is provided, the floor area per person shall not be less than: (
  235. i)7.5 square metres in ships of less than 3,000 gross tonnage; (
  236. ii)8.5 square metres in ships of 3,000 gross tonnage or over but less than 10,000 gross tonnage; (iii) 10 square metres in ships of 10,000 gross tonnage or over; (
  237. l)on passenger ships and special purpose ships the floor area for seafarers performing the duties of ships' officers where no private sitting room or day room is provided, the floor area per person for junior officers shall not be less than 7.5 square metres and for senior officers not less than 8.5 square metres; junior officers are understood to be at the operational level, and senior officers at the management level; (
  238. m)the master, the chief engineer and the chief navigating officer shall have, in addition to their sleeping rooms, an adjoining sitting room, day room or equivalent additional space; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners' and seafarers' organizations concerned; (
  239. n)for each occupant, the furniture shall include a clothes locker of ample space (minimum 475 litres) and a drawer or equivalent space of not less than 56 litres; if the drawer is incorporated in the clothes locker then the combined minimum volume of the clothes locker shall be 500 litres; it shall be fitted with a shelf and be able to be locked by the occupant so as to ensure privacy; (
  240. o)each sleeping room shall be provided with a table or desk, which may be of the fixed, drop-leaf or slide-out type, and with comfortable seating accommodation as necessary. 10. With respect to requirements for mess rooms: (
  241. a)mess rooms shall be located apart from the sleeping rooms and as close as practicable to the galley; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners' and seafarers' organizations concerned; and (
  242. b)mess rooms shall be of adequate size and comfort and properly furnished and equipped (including ongoing facilities for refreshment), taking account of the number of seafarers likely to use them at any one time; provision shall be made for separate or common mess room facilities as appropriate. 11. With respect to requirements for sanitary facilities: (
  243. a)all seafarers shall have convenient access on the ship to sanitary facilities meeting minimum standards of health and hygiene and reasonable standards of comfort, with separate sanitary facilities being provided for men and for women; (
  244. b)there shall be sanitary facilities within easy access of the navigating bridge and the machinery space or near the engine room control centre; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners' and seafarers' organizations concerned; (
  245. c)in all ships a minimum of one toilet, one wash basin and one tub or shower or both for every six persons or less who do not have personal facilities shall be provided at a convenient location; (
  246. d)with the exception of passenger ships, each sleeping room shall be provided with a washbasin having hot and cold running fresh water, except where such a washbasin is situated in the private bathroom provided; (
  247. e)in passenger ships normally engaged on voyages of not more than four hours' duration, consideration may be given by the competent authority to special arrangements or to a reduction in the number of facilities required; and (
  248. f)hot and cold running fresh water shall be available in all wash places. 12. With respect to requirements for hospital accommodation, ships carrying 15 or more seafarers and engaged in a voyage of more than three days' duration shall provide separate hospital accommodation to be used exclusively for medical purposes; the competent authority may relax this requirement for ships engaged in coastal trade; in approving on-board hospital accommodation, the competent authority shall ensure that the accommodation will, in all weathers, be easy of access, provide comfortable housing for the occupants and be conducive to their receiving prompt and proper attention. 13. Appropriately situated and furnished laundry facilities shall be available. 14. All ships shall have a space or spaces on open deck to which the seafarers can have access when off duty, which are of adequate area having regard to the size of the ship and the number of seafarers on board. 15. All ships shall be provided with separate offices or a common ship's office for use by deck and engine departments; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners' and seafarers' organizations concerned. 16. Ships regularly trading to mosquito-infested ports shall be fitted with appropriate devices as required by the competent authority. 17. Appropriate seafarers' recreational facilities, amenities and services, as adapted to meet the special needs of seafarers who must live and work on ships, shall be provided on board for the benefit of all seafarers, taking into account Regulation 4.3 and the associated Code provisions on health and safety protection and accident prevention. 18. The competent authority shall require frequent inspections to be carried out on board ships, by or under the authority of the master, to ensure that seafarer accommodation is clean, decently habitable and maintained in a good state of repair. The results of each such inspection shall be recorded and be available for review. 19. In the case of ships where there is need to take account, without discrimination, of the interests of seafarers having differing and distinctive religious and social practices, the competent authority may, after consultation with the shipowners' and seafarers' organizations concerned, permit fairly applied variations in respect of this Standard on condition that such variations do not result in overall facilities less favourable than those which would result from the application of this Standard. 20. Each Member may, after consultation with the shipowners' and seafarers' organizations concerned, exempt ships of less than 200 gross tonnage where it is reasonable to do so, taking account of the size of the ship and the number of persons on board in relation to the requirements of the following provisions of this Standard: (
  249. a)paragraphs 7(b), 11(
  250. d)and 13; and (
  251. b)paragraph 9(
  252. f)and (
  253. h)to (
  254. l)inclusive, with respect to floor area only. 21. Any exemptions with respect to the requirements of this Standard may be made only where they are expressly permitted in this Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers' health and safety. Guideline Guideline B3.1 - Accommodation and recreational facilities Guideline B3.1.1 - Design and construction 1. External bulkheads of sleeping rooms and mess rooms should be adequately insulated. All machinery casings and all boundary bulkheads of galleys and other spaces in which heat is produced should be adequately insulated where there is a possibility of resulting heat effects in adjoining accommodation or passageways. Measures should also be taken to provide protection from heat effects of steam or hot-water service pipes or both. 2. Sleeping rooms, mess rooms, recreation rooms and alleyways in the accommodation space should be adequately insulated to prevent condensation or overheating. 3. The bulkhead surfaces and deckheads should be of material with a surface easily kept clean. No form of construction likely to harbour vermin should be used. 4. The bulkhead surfaces and deckheads in sleeping rooms and mess rooms should be capable of being easily kept clean and light in colour with a durable, nontoxic finish. 5. The decks in all seafarer accommodation should be of approved material and construction and should provide a non-slip surface impervious to damp and easily kept clean. 6. Where the floorings are made of composite materials, the joints with the sides should be profiled to avoid crevices. Guideline B3.1.2 - Ventilation 1. The system of ventilation for sleeping rooms and mess rooms should be controlled so as to maintain the air in a satisfactory condition and to ensure a sufficiency of air movement in all conditions of weather and climate. 2. Air-conditioning systems, whether of a centralized or individual unit type, should be designed to: (
  255. a)maintain the air at a satisfactory temperature and relative humidity as compared to outside air conditions, ensure a sufficiency of air changes in all air-conditioned spaces, take account of the particular characteristics of operations at sea and not produce excessive noises or vibrations; and (
  256. b)facilitate easy cleaning and disinfection to prevent or control the spread of disease. 3. Power for the operation of the air conditioning and other aids to ventilation required by the preceding paragraphs of this Guideline should be available at all times when seafarers are living or working on board and conditions so require. However, this power need not be provided from an emergency source. Guideline B3.1.3 - Heating 1. The system of heating the seafarer accommodation should be in operation at all times when seafarers are living or working on board and conditions require its use. 2. In all ships in which a heating sy

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