1、1C57 Hours of Work and Manning (Sea) Convention, 1936 Convention concerning Hours of Work on Board Ship and Manning (Note: This Convention has not yet come into force. It was revised in 1946 by Convention No. 76, in 1949 by Convention No. 93, in 1958 by Convention No. 109 and in 2006 by Maritime Lab
2、our Convention (MLC).) Convention: C057 Place: Geneva Session of the Conference:21 Date of adoption:24:10:1936 Subject classification: Conditions of Work Subject: Seafarers See the ratifications for this ConventionDisplay the document in: French SpanishStatus: Outdated instrument The General Confere
3、nce of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Twenty-first Session on 6 October 1936, and Having decided upon the adoption of certain proposals with regard to the regulation of hours of wor
4、k on board ship, and manning in conjunction with hours of work on board ship, which is the first item on the agenda of the Session, and Having determined that these proposals shall take the form of an international Convention, adopts this twenty-fourth day of October of the year one thousand nine hu
5、ndred and thirty-six the following Convention, which may be cited as the Hours of Work and Manning (Sea) Convention, 1936: PART I. SCOPE AND DEFINITIONS Article 1 1. This Convention applies to every sea-going mechanically propelled vessel, whether publicly or privately owned, which- (a) is registere
6、d in a territory for which the Convention is in force; (b) is employed in the transport of cargo or passengers for the purpose of trade; and 2(c) is engaged on an international voyage, by which is meant any voyage from a port of one country to a port outside such country, every colony, overseas terr
7、itory, protectorate or territory under suzerainty or mandate being regarded as a separate country. 2. This Convention does not apply to- (a) sailing vessels with auxiliary engines; or (b) vessels engaged in fishing, whaling or similar pursuits, or in operations directly connected therewith. 3. Any M
8、ember may exempt vessels registered in its territory from the application of this Convention while such vessels are exclusively engaged in voyages upon which they do not proceed further from the country from which they trade than the nearby ports of neighbouring countries within geographical limits
9、which- (a) are clearly specified by national laws or regulations; (b) are uniform in respect of the application of all the provisions of this Convention; (c) have been notified by the Member when registering its ratification by a declaration annexed thereto; and (d) have been fixed after consultatio
10、n with the other Members concerned. Article 2 For the purpose of this Convention the following expressions have the meanings hereby assigned to them: (a) tons means gross registered tons; (b) officer means a person other than a master ranked as an officer by national laws or regulations, collective
11、agreement or custom; (c) rating means a member of the crew other than an officer; (d) hours of work means time during which a member of the crew is required by the orders of a superior to do any work on account of the vessel or the owner, or to be at the disposal of a superior outside the crews quar
12、ters. PART II. HOURS OF WORK 3Article 3 This part of this Convention does not apply to(a) officers in charge of departments who do not keep watch; (b) wireless operators and telephonists; (c) pilots; (d) doctors; (e) nursing staff exclusively engaged on nursing duties or hospital staff; (f) persons
13、working exclusively on their own account; (g) persons remunerated exclusively by a share of profits; (h) persons whose duties are connected solely with the cargo carried on board and who are not in fact in the employment either of the owner or of the master; (i) travelling dockers; (j) crews consist
14、ing entirely of members of the family, as defined by national laws or regulations, of the owner of the vessel. Article 4 1. In vessels of over 2,000 tons the hours of work at sea and on arrival and sailing days of deck ratings whose time is divided into watches shall not exceed eight in the day nor
15、shall they exceed fifty-six in the week. 2. In vessels of over 700 tons the hours of work at sea and on arrival and sailing days of deck ratings employed as day workers shall not exceed eight in the day nor shall they exceed forty-eight in the week. 3. Hours in excess of the limits prescribed in par
16、agraphs 1 and 2 may be worked on arrival and sailing days. Whether or not such hours are to be worked and where such hours are allowed the conditions under which they may be worked shall be determined by national laws or regulations or collective agreements. Article 5 41. In vessels of over 700 tons
17、 the hours of work at sea and on arrival and sailing days of engine-room and stokehold ratings whose time is divided into watches shall not exceed eight in the day nor shall they exceed fifty-six in the week. Provided that extra time may be worked for the normal relieving of watches and the hoisting
18、 and dumping of ashes. 2. In vessels of over 700 tons the hours of work at sea and on arrival and sailing days of engine-room and stokehold ratings employed as day workers shall not exceed eight in the day nor shall they exceed forty-eight in the week. 3. Hours in excess of the limits prescribed in
19、paragraphs 1 and 2 may be worked on arrival and sailing days. Whether or not such hours are to be worked and where such hours are allowed the conditions under which they may be worked shall be determined by national laws or regulations or collective agreements. Article 6 1. In vessels of over 2,000
20、tons the hours of work at sea and on arrival and sailing days of deck officers shall not exceed eight in the day nor shall they exceed fifty-six in the week. 2. Provided that one additional hour per day may be worked at sea and on arrival and sailing days for navigational or clerical purposes. 3. Pr
21、ovided also that additional hours may be worked occasionally when the master deems it necessary to order two officers to keep watch simultaneously, so however that in no case shall any officer be required in virtue of this paragraph to work more than twelve hours in any day. 4. In vessels of over 70
22、0 tons the hours of work at sea and on arrival and sailing days of deck officers employed as day workers shall not exceed eight in the day nor shall they exceed forty-eight in the week. 5. Hours in excess of the limits prescribed in paragraphs 1 and 4 may be worked on arrival and sailing days. Wheth
23、er or not such hours are to be worked and where such hours are allowed the conditions under which they may be worked shall be determined by national laws or regulations or collective agreements. 6. The provisions of this Article apply to apprentices and cadets in the deck department. 5Article 7 1. I
24、n vessels required under Article 16 to carry three or more engineer officers the hours of work of such officers at sea and on arrival and sailing days shall not exceed eight in the day nor shall they exceed fifty-six in the week. 2. In vessels of over 700 tons the hours of work at sea of engineer of
25、ficers employed as day workers shall not exceed eight in the day nor shall they exceed forty-eight in the week. 3. The provisions of this Article apply to apprentices and cadets in the engine-room department. Article 8 1. In vessels to which this Convention applies the following provisions shall app
26、ly to deck, engine-room and stokehold ratings and to deck and engineer officers, including apprentices and cadets in the deck and engine-room departments, whenever sea watches are suspended in any port: (a) hours of work shall not exceed eight in the day nor shall they exceed forty-eight in the week
27、; (b) the weekly rest day shall be observed and on that day no work shall be required except as overtime or for the purpose of ordinary routine and sanitary duties, any work required for the purpose of such duties to be included in the weekly limit of forty-eight hours; (c) exceptions to these provi
28、sions may be made in accordance with national laws or regulations or collective agreement in the case of ratings required for the safety of the vessel or persons on board or for the preservation of the cargo. 2. Sea watches shall normally be suspended if the vessel is expected to stay in the port fo
29、r more than twenty-four hours following its arrival, unless in the judgment of the master the safety of the vessel would be prejudiced thereby. 3. If sea watches are maintained in port, all time worked in excess of the limits of hours prescribed by or permitted under paragraph 1 of this Article shal
30、l, except in the case of- (a) watches maintained for the safety of the vessel; and 6(b) watches worked within twelve hours after arrival or within twelve hours before sailing, be regarded as overtime for which the rating or officer shall be entitled to be compensated. Article 9 1. In all vessels to
31、which this Convention applies in respect of which there is in force- (a) a safety certificate issued in accordance with the provisions of the International Convention for the Safety of Life at Sea for the time being in force; or (b) a passenger certificate, the hours of work at sea of ratings in the
32、 catering and clerical departments shall be so arranged as to ensure to each such rating not less than twelve hours rest during any period of twenty-four hours, including a rest period of at least eight consecutive hours. 2. In all vessels to which this Convention applies, other than vessels in resp
33、ect of which there is in force one of the certificates referred to in the preceding paragraph, the hours of work at sea and on arrival and sailing days of ratings in the catering and clerical departments shall not exceed ten in the day. 3. In all vessels to which this Convention applies the hours of
34、 work in port of ratings in the catering and clerical departments shall not exceed eight in the day, subject to such exceptions as may be permitted by national laws or regulations. Article 10 1. Ratings and deck and engineer officers including apprentices and cadets may be required to work in excess
35、 of the limits of hours prescribed by or permitted under the preceding Articles of this Part of this Convention, subject to the conditions that- (a) all such time worked shall be regarded as overtime for which they shall be entitled to be compensated; and (b) there shall be no consistent working of
36、overtime. 72. The manner or rate or rates of such compensation shall be prescribed by national laws or regulations or be fixed by collective agreement. Article 11 1. No rating under the age of sixteen years shall work at night. 2. For the purpose of this Article the expression night means a period o
37、f at least nine consecutive hours between times before and after midnight to be prescribed by national laws or regulations. Article 12 The provisions of this Part of this Convention do not apply to- (a) work which the master deems to be necessary and urgent for the safety of the vessel, cargo, or pe
38、rsons on board; (b) work required by the master for the purpose of giving assistance to other vessels or persons; (c) musters, fire, lifeboat and similar drills of the kind prescribed by the International Convention for the Safety of Life at Sea for the time being in force; (d) extra work resulting
39、from the sickness of or from injury to any officer or rating or from any unforeseeable reduction in the number of officers or ratings in the course of the voyage; (e) extra work for the purpose of customs, quarantine or other health formalities; (f) work by officers for the determination of the posi
40、tion of the vessel at noon. PART III. MANNING Article 13 Every vessel of over 700 tons shall be sufficiently and efficiently manned for the purposes of- (a) safety of life at sea; and (b) making possible the application of the rules relating to hours set forth in Part II of this Convention, 8and mor
41、e particularly every such vessel shall comply with the minimum requirements as to manning set forth in this Part of this Convention. Article 14 1. In vessels of over 700 but not exceeding 2,000 tons there shall be carried at least two certificated deck officers in addition to the master. 2. In vesse
42、ls of over 2,000 tons there shall be carried at least three certificated deck officers in addition to the master. Article 15 1. In vessels of over 700 tons the number of deck ratings carried shall be sufficient to allow of three ratings being available for each navigational watch. 2. In particular,
43、the following minimum numbers of ratings shall be carried: (a) in vessels of over 700 but not exceeding 2,000 tons: six; (b) in vessels of over 2,000 tons: nine or such larger number as may be prescribed by national laws or regulations or fixed by collective agreement. 3. The following minimum numbe
44、rs of the ratings required to be carried by paragraph 2 shall comply with the conditions as to physical capacity and efficiency stated in paragraph 4: (a) in vessels of over 700 but not exceeding 2,000 tons: four; (b) in vessels of over 2,000 tons: five or such larger number as may be prescribed by
45、national laws or regulations or fixed by collective agreement. 4. The conditions as to physical capacity and efficiency to be fulfilled by certain ratings in accordance with paragraph 3 are that each such rating- (a) is eighteen years of age; and (b) either has had at least three years sea service o
46、n deck or holds a certificate, issued by the competent authority, that his standard of efficiency is equal to that of the average rating who has had three years sea service on deck. 5. National laws or regulations or collective agreement shall limit the number of ratings with less than one years sea
47、 service on deck who may be counted as deck ratings for the purpose of satisfying the requirements of this Article. 96. No rating signed on in a dual capacity whose services may be required in any department other than the deck department shall be counted as a deck rating for the purpose of satisfyi
48、ng the requirements of this Article. 7. Whether or not a wireless operator or telephonist is to be considered as belonging to the deck department for the purpose of the preceding paragraph shall be determined by national laws or regulations or collective agreement. Article 16 1. In vessels to which
49、this Article applies at least three certificated engineer officers shall be carried. 2. This Article applies either- (a) to vessels of over 700 tons; or (b) to vessels with engines exceeding 800 indicated horse-power, according as a tonnage or horse-power criterion is prescribed by national laws or regulations. 3. Provided that any Member may postpone the application of this Article for a period not exceeding five years from the coming into force of this Convention in the case of existing vessels not exceeding 1,500 tons or with engines not exceeding 1,000 indicated horse-powe
