1、C93 Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949 Convention concerning Wages, Hours of Work on Board Ship and Manning (Revised 1949) (Note: This Convention has not yet come into force. It was revised in 1958 by Convention No. 109, in 1996 by Convention No. 180 and in 2006 by Mar
2、itime Labour Convention (MLC).) Convention:C093 Place:Geneva Session of the Conference:32 Date of adoption:18:06:1949 Subject classification: Conditions of Work Subject: Seafarers See the ratifications for this ConventionDisplay the document in: French SpanishStatus: Outdated instrument The General
3、Conference of the International Labour Organisation, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and Having decided upon the adoption of certain proposals with regard to the partial revision of t
4、he Wages, Hours of Work and Manning (Sea) Convention, 1946, adopted by the Conference at its Twenty-eighth Session, which is included in the twelfth item on the agenda of the session, and Considering that these proposals must take the form of an international Convention, adopts this eighteenth day o
5、f June of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Wages, Hours of Work and Manning (Sea) Convention (Revised), 1949: PART I. GENERAL PROVISIONS Article 1 Nothing in this Convention shall be deemed to prejudice any provision concerning wag
6、es, hours of work on board ship, or manning, by law, award, custom or agreement between shipowners and seafarers, which ensures the seafarers conditions more favourable than those provided for by this Convention. Article 2 1. This Convention applies to every vessel, whether publicly or privately own
7、ed, which is- (a) mechanically propelled; (b) registered in a territory for which the Convention is in force; (c) engaged in the transport of cargo or passengers for the purpose of trade; and (d) engaged in a voyage by sea. 2. This Convention does not apply to- (a) vessels of less than 500 gross reg
8、ister tons; (b) wooden vessels of primitive build such as dhows and junks; (c) vessels engaged in fishing or in operations directly connected therewith; (d) estuarial craft. Article 3 This Convention applies to every person who is engaged in any capacity on board a vessel except- (a) a master; (b) a
9、 pilot not a member of the crew; (c) a doctor; (d) nursing staff engaged exclusively on nursing duties and hospital staff; (e) persons whose duties are connected solely with the cargo on board; (f) persons working exclusively on their own account or remunerated exclusively by a share of profits or e
10、arnings; (g) persons not remunerated for their services or remunerated only by a nominal salary or wage; (h) persons, excluding those in the service of a wireless telegraphy company, who are employed on board by an employer other than the shipowner; (i) travelling dockers (longshoremen) not members
11、of the crew; (j) persons employed in whale-catching, floating factory or transport vessels or otherwise for the purpose of whaling or similar operations under conditions regulated by the provisions of a special collective whaling or similar agreement determining the rates of pay, hours of work and o
12、ther conditions of service concluded by an organisation of seafarers; (k) persons who are not members of the crew (whether working on or off articles) but are employed while the vessel is in port on repairing, cleaning, loading or unloading the vessel or similar work or on port relief, maintenance,
13、watch or caretaking duties. Article 4 In this Convention- (a) the term officer means a person other than a master who is described in the ships articles as an officer or who is serving in a capacity which by law, collective agreement or custom is recognised as that of an officer; (b) the term rating
14、 means a member of the crew other than a master or officer and includes a certificated seaman; (c) the term able seaman means any person who by national laws or regulations, or in the absence of such laws or regulations by collective agreement, is deemed to be competent to perform any duty which may
15、 be required of a rating serving in the deck department other than the duties of a leading or specialist rating; (d) the term basic pay or wages means the remuneration of an officer or rating in cash, exclusive of overtime, premiums or any other allowances either in cash or in kind. PART II. WAGES A
16、rticle 5 1. The basic pay or wages for a calendar month of service of an able seaman employed in a vessel to which this Convention applies shall not be less than sixteen pounds in currency of the United Kingdom of Great Britain and Northern Ireland or sixty-four dollars in currency of the United Sta
17、tes of America or the equivalent thereof in other currency. 2. In the event of a change in the par value of the pound or the dollar being notified to the International Monetary Fund- (a) the minimum basic wage prescribed in paragraph 1 of this Article in terms of the currency in respect of which suc
18、h notification has been made shall be adjusted so as to maintain equivalence with the other currency; (b) the adjustment shall be notified by the Director-General of the International Labour Office to the Members of the International Labour Organisation; and (c) the minimum basic wage so adjusted sh
19、all be binding upon Members which have ratified the Convention in the same manner as the wage prescribed in paragraph 1 of this Article, and shall take effect for each such Member not later than the beginning of the second calendar month following that in which the Director-General communicates the
20、change to Members. Article 6 1. In the case of ships in which are employed such groups of ratings as necessitate the employment of larger groups of ratings than would otherwise be employed the minimum basic pay or wages of an able seaman shall be an amount fixed as the adjusted equivalent of the min
21、imum basic pay or wages stipulated in the preceding article. 2. The adjusted equivalent shall be fixed in accordance with the principle of equal pay for equal work and due allowance shall be made for- (a) the extra number of ratings of such groups who are employed; and (b) any increase or decrease i
22、n cost to the shipowner consequent on the employment of such groups of ratings. 3. The adjusted equivalent shall be determined by collective agreement between the organisations of shipowners and seafarers concerned or, failing such agreement and subject to both countries concerned having ratified th
23、e Convention, by the competent authority of the territory of the group of seafarers concerned. Article 7 If meals are not provided free of charge, the minimum basic pay or wages shall be increased by an amount to be determined by collective agreement between the organisations of shipowners and seafa
24、rers concerned or, failing such agreement, by the competent authority. Article 8 1. The rate to be used for determining the equivalent in other currency of the minimum basic pay or wages prescribed in Article 5 shall be the ratio between the par value of that currency and the par value of the pound
25、of the United Kingdom of Great Britain and Northern Ireland or of the dollar of the United States of America. 2. In the case of the currency of a Member of the International Labour Organisation which is a Member of the International Monetary Fund, the par value shall be that currently in effect unde
26、r the Articles of Agreement of the International Monetary Fund. 3. In the case of the currency of a Member of the International Labour Organisation which is not a Member of the International Monetary Fund, the par value shall be the official rate of exchange, in terms of gold or of the dollar of the
27、 United States of America of the weight and fineness in effect on 1 July 1944, currently in effect for payments and transfers for current international transactions. 4. In the case of any currency which cannot be dealt with under the provisions of either of the two preceding paragraphs- (a) the rate
28、 to be adopted for the purpose of this Article shall be determined by the Member of the International Labour Organisation concerned; (b) the Member concerned shall notify its decision to the Director-General of the International Labour Office, who shall forthwith inform the other Members which have
29、ratified this Convention; (c) within a period of six months from the date on which the information is communicated by the Director-General, any other Member which has ratified the Convention may inform the Director-General of the International Labour Office that it objects to the decision, and the D
30、irector-General shall thereupon inform the Member concerned and the other Members which have ratified the Convention and shall report the matter to the Committee provided for in Article 21; (d) the foregoing provisions shall apply in the event of any change in the decision of the Member concerned. 5
31、. A change in basic pay or wages as a result of a change in the rate for determining the equivalent in other currency shall take effect not later than the beginning of the second calendar month following that in which the change in the relative par values of the currencies concerned becomes effectiv
32、e. Article 9 Each Member shall take the necessary measures- (a) to ensure, by way of a system of supervision and sanctions, that remuneration is paid at not less than the rate required by this Convention; and (b) to ensure that any person who has been paid at a rate less than that required by this C
33、onvention is enabled to recover, by an inexpensive and expeditious judicial or other procedure, the amount by which he has been underpaid. PART III. HOURS OF WORK ON BOARD SHIP Article 10 This Part of this Convention does not apply to- (a) a chief officer or chief engineer; (b) a purser; (c) any oth
34、er officer in charge of a department who does not keep watch; (d) a person employed in the clerical or catering department of a vessel who is- (i) serving in a superior grade as defined by a collective agreement between the organisations of shipowners and seafarers concerned; or (ii) working chiefly
35、 on his own account; or (iii) remunerated solely on a commission basis or chiefly by a share of profits or earnings. Article 11 In this Part of this Convention- (a) the term near trade ship means a vessel exclusively engaged in voyages upon which it does not proceed farther from the country from whi
36、ch it trades than the near-by ports of neighbouring countries within geographical limits which- (i) are clearly specified by national laws, regulations or by collective agreement between organisations of shipowners and seafarers; (ii) are uniform in respect of the application of all the provisions o
37、f this Part of the Convention; (iii) have been notified by the Member when registering its ratification by a declaration annexed thereto; and (iv) have been fixed after consultation with the other Members concerned; (b) the term distant trade ship means a vessel other than a near trade ship; (c) the
38、 term passenger ship means a vessel licensed to carry more than twelve passengers; (d) the term hours of work means time during which a person is required by the orders of a superior to do work on account of the vessel or the owner. Article 12 1. This Article applies to officers and ratings employed
39、 in the deck, engine-room and radio departments of near trade ships. 2. The normal hours of work of an officer or rating shall not exceed- (a) when the vessel is at sea, twenty-four hours in any period of two consecutive days; (b) when the vessel is in port- (i) on the weekly day of rest, such time
40、not exceeding two hours as is necessary for ordinary routine and sanitary duties; (ii) on other days, eight hours except where a collective agreement provides for less on any day; (c) one hundred and twelve hours in a period of two consecutive weeks. 3. Time worked in excess of the limits prescribed
41、 in subparagraphs (a) and (b) of paragraph 2 shall be regarded as overtime for which the officer or rating concerned shall be entitled to compensation in accordance with the provisions of Article 17 of this Convention. 4. When the total number of hours worked in a period of two consecutive weeks, ex
42、cluding hours regarded as overtime, exceeds one hundred and twelve, the officer or rating concerned shall be compensated by time off in port or otherwise as may be determined by collective agreement between the organisations of shipowners and seafarers concerned. 5. National laws or regulations or c
43、ollective agreements shall determine when a ship is to be regarded as being at sea and when it is to be regarded as being in port for the purposes of this Article. Article 13 1. This Article applies to officers and ratings employed in the deck, engine-room and radio departments of distant trade ship
44、s. 2. When the vessel is at sea and on days of sailing and arrival, the normal hours of work of an officer or rating shall not exceed eight hours in any one day. 3. When the vessel is in port, the normal hours of work of an officer or rating shall not exceed- (a) on the weekly day of rest, such time
45、 not exceeding two hours as is necessary for ordinary routine and sanitary duties; (b) on other days, eight hours except where a collective agreement provides for less on any day. 4. Time worked in excess of the daily limits prescribed in the preceding paragraphs shall be regarded as overtime for wh
46、ich the officer or rating shall be entitled to compensation in accordance with the provisions of Article 17 of this Convention. 5. When the total number of hours worked in a period of one week, excluding hours regarded as overtime, exceeds forty-eight, the officer or rating shall be compensated by t
47、ime off in port or otherwise as may be determined by collective agreement between the organisations of shipowners and seafarers concerned. 6. National laws or regulations or collective agreements shall determine when a ship is to be regarded as being at sea and when it is to be regarded as being in
48、port for the purposes of this Article. Article 14 1. This Article applies to persons employed in the catering department of a vessel. 2. In the case of a passenger ship normal hours of work shall not exceed- (a) when the vessel is at sea and on days of sailing and arrival, ten hours in any consecuti
49、ve period of fourteen hours; (b) when the vessel is in port- (i) when passengers are on board, ten hours in any period of fourteen hours; (ii) in other cases- on the day preceding the weekly day of rest, five hours; on the weekly day of rest, five hours for persons engaged in messing duties and such time not exceeding two hours as is necessary for ordinary routine and sanitary duties in the case of other persons; on any other day, eight hours. 3. In the case of a vessel not a passenger ship, normal hours of work shall not exceed- (a) when the vessel is at sea and on days o