Resolução n.º 5/2018

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Resolução n.º 5/2018

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Texto do artigo · p. 127 Eu, abaixo assinado, certifico que as medidas supramencionadas foram adoptadas com vista a assegurar, entre as inspecções, a conformidade contínua com as prescrições citadas na Parte I. Nome do armador¹: .............................................................. Morada da companhia: ............................................................ Nome do signatário autorizado: .................................................. Categoria: .................................................................... Assinatura do signatário autorizado: ............................................ Data: ......................................................................... (Selo branco ou carimbo do armador)¹ As medidas supramencionadas foram verificadas por (indicar o nome da autoridade competente ou da organização devidamente reconhecida) e, após inspecção do navio, foram consideradas conformes com os objectivos estabelecidos na alínea b) do parágrafo 10 da Norma A5.1.3 relativamente às medidas que visam garantir a conformidade inicial e contínua com as prescrições enunciadas na Parte I da presente Declaração. Nome: ......................................................................... Categoria: .................................................................... Morada: ....................................................................... Assinatura: .................................................................... Local: ......................................................................... Data: ......................................................................... (Selo branco ou carimbo da autoridade, conforme o caso) Armador designa o proprietário do navio ou qualquer entidade ou pessoa, tal como o gestor, agente ou fretador a casco nu, a quem o proprietário tenha confiado a responsabilidade da exploração do navio e que, assumindo essa responsabilidade, tenha aceitado encarregar-se das tarefas e obrigações que incumbem aos armadores nos termos da presente Convenção, independentemente de outras entidades ou pessoas assumirem, em seu nome, a execução de algumas dessas tarefas ou responsabilidades. (Artigo II, 1.j) da Convenção).

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Texto do artigo · p. 128 Certificado de Trabalho Marítimo Provisório Emitido nos termos das disposições do Artigo V e do Título 5 da Convenção do Trabalho Marítimo, 2006 (adiante designa- da como "a Convenção") sob a autoridade do Governo de: .............................................................................................. (Nome completo do Estado cuja bandeira o navio está autorizado a arvorar) por .............................................................................................. (Nome e morada completos da autoridade compe- tente ou da organização reconhecida devidamente autori- zada nos termos das prescrições da Convenção) Características do navio Nome do navio ..................................................................... Distintivo do navio em número ou letras ................................ Porto de registo .................................................................... Data de registo ..................................................................... Arqueação bruta1 .................................................................. Número OMI ......................................................................... Tipo de navio ........................................................................ Nome e morada do armador2 .............................................. 1 Para os navios cobertos pelas disposições transitórias relativas à arqueação adop- tadas pela IMO, a arqueação bruta é a indicada na rubrica OBSERVAÇÕES do Certificado Internacional de Arqueação dos Navios (1969). (Artigo II. 1c) da Convenção). 2 Armador designa o proprietário do navio ou qualquer entidade ou pessoa, tal como o gestor, agente ou fretador a casco nu, a quem o proprietário tenha con- fiado a responsabilidade da exploração do navio e que, assumindo essa respon- sabilidade, tenha aceite encarregar-se das tarefas e obrigações que incumbem aos armadores nos termos da presente Convenção, independentemente de outras entidades ou pessoas assumirem, em seu nome, a execução de algumas dessas tarefas ou responsabilidades. (Artigo II. 1j) da Convenção).

Texto lido por imagem · p. 129 18 DE SETEMBRO DE 2018 2209

Texto do artigo · p. 129 Para os efeitos do parágrafo 7 da Norma A5.1.3 da Convenção, certifica- se que:

Texto do artigo · p. 129 a) este navio foi inspeccionado, na medida do razoável e possível, re- lativamente às matérias indicadas no Anexo A5-I da Convenção, tendo em conta a verificação dos elementos especificados a seguir nas alíneas b), c) e d);

Texto do artigo · p. 129 b) o armador demonstrou, à autoridade competente ou à organização reconhecida que estão a ser aplicados a bordo do navio procedimen- tos adequados para assegurar a conformidade com as disposições da Convenção;

Texto do artigo · p. 129 c) o comandante tem conhecimento das prescrições da Convenção e das obrigações relativas à sua aplicação;

Texto do artigo · p. 129 d) as informações exigidas foram apresentadas à autoridade compe- tente ou à organização reconhecida com vista à emissão de uma Declaração de Conformidade do Trabalho Marítimo. O presente Certificado é válido até ................ sem prejuízo de ins- pecções realizadas em conformidade com as disposições das Normas A5.1.3 e A5.1.4 da Convenção. Data da inspecção mencionada nos termos do ponto a) anterior ........................................................................ Emitido em .................... a .................... Assinatura do funcionário devidamente autorizado que emitiu o presen- te Certificado provisório (Selo branco ou carimbo da autoridade emissora, conforme o caso)

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Número ou marcador · p. 130 ANEXO A5-III Elementos gerais sujeitos a um controlo detalhado por um funcionário autorizado do Estado do porto de um Membro que efectue inspecções ao abrigo da Norma A5.2.1: Idade mínima Certificado médico Qualificação dos marítimos Contratos de trabalho marítimo Recurso a serviços de recrutamento e colocação privados, licenciados ou certificados ou regulamentados Duração do trabalho ou do descanso Lotações Alojamento Instalações de lazer a bordo Alimentação e serviço de mesa Saúde e segurança e prevenção dos acidentes Assistência médica a bordo Procedimentos de queixa a bordo Pagamento dos salários

Área de tabela · p. 131 18 DE SETEMBRO DE 2018 2211

Nome do navio	Número OMI	Arqueação bruta
N/M EXEMPLO	12345	1.000

Número ou marcador · p. 131 ANEXO B5-I - EXEMPLO DE DECLARAÇÃO NACIONAL Ver Princípio orientador B5.1.3, parágrafo 5 Convenção do Trabalho Marítimo, 2006 Declaração de Conformidade do Trabalho Marítimo-Parte I (Nota: a presente Declaração deve acompanhar o Certificado de Trabalho Marítimo do navio) Emitida sob a autoridade de: Ministério dos Transportes Marítimos de Xxxxxx O navio com as seguintes características: Nome do navio Número OMI Arqueação bruta N/M EXEMPLO 12345 1.000 é explorado de acordo com a Norma A5.1.3 da Convenção do Trabalho Marítimo, 2006. O abaixo assinado declara, em nome da autoridade competente supramen- cionada, que:

Nome do navio	Número OMI	Arqueação bruta
N/M EXEMPLO	12345	1.000

Texto do artigo · p. 131 a) as disposições da Convenção do Trabalho Marítimo estão totalmente incorporadas nas prescrições nacionais abaixo indicadas;

Nome do navio	Número OMI	Arqueação bruta
N/M EXEMPLO	12345	1.000

Texto do artigo · p. 131 b) estas prescrições nacionais estão contidas nas disposições nacionais abaixo indicadas; serão fornecidas explicações relativas ao conteúdo destas disposições, se necessário;

Nome do navio	Número OMI	Arqueação bruta
N/M EXEMPLO	12345	1.000

Texto do artigo · p. 131 c) os detalhes sobre qualquer disposição equivalente no conjunto, aplicá- vel ao abrigo dos parágrafos 3 e 4 do Artigo VI, , são fornecidos <sob a rubrica correspondente das prescrições nacionais a seguir enume- radas> <na seção a seguir prevista para o efeito> (riscar o que não interessa);

Nome do navio	Número OMI	Arqueação bruta
N/M EXEMPLO	12345	1.000

Texto do artigo · p. 131 d) quaisquer isenções concedidas pela autoridade competente ao abrigo do Título 3 estão claramente indicadas na seção a seguir prevista para o efeito;

Nome do navio	Número OMI	Arqueação bruta
N/M EXEMPLO	12345	1.000

Texto do artigo · p. 131 e) as prescrições relativas a uma categoria específica de navios previstas pela legislação nacional são igualmente mencionadas sob a rubrica cor- respondente.

Nome do navio	Número OMI	Arqueação bruta
N/M EXEMPLO	12345	1.000

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Texto do artigo · p. 133 Declaração de Conformidade do Trabalho Marítimo - Parte II Medidas adoptadas para assegurar a conformi- dade contínua entre duas inspecções As seguintes medidas foram adoptadas pelo armador cujo nome consta do Certificado de Trabalho Marítimo anexo à presente Declaração, para assegurar a conformidade contínua entre as inspecções: (Indique a seguir as medidas adoptadas para assegurar a conformidade com cada um dos elementos enunciados na Parte I)

Texto do artigo · p. 133 1. Idade mínima (Regra 1.1) X A data de nascimento de cada marítimo é mencionada junto ao seu nome no rol da tripulação. O comandante ou um oficial agindo em seu nome ("o oficial compe- tente") verifica o rol no início de cada viagem, e regista a data desta verificação. Cada marítimo menor de 18 anos recebe, no momento da contratação, uma nota que o impede de trabalhar de noite ou de efectuar os traba- lhos considerados perigosos enumerados no anexo (ver Parte I, Secção 1) ou qualquer outro trabalho perigoso. Esta nota recomenda que o ma- rítimo consulte o oficial competente em caso de dúvida na matéria. O oficial competente conserva uma cópia da nota assinada pelo marítimo abaixo da menção "recebida e lida", bem como a data da assinatura.

Texto do artigo · p. 133 2. Certificado médico (Regra 1.2) X O oficial competente mantém os certificados médicos a título estrita- mente confidencial, bem como uma lista, elaborada sob a sua respon- sabilidade, indicando para cada marítimo a bordo: as funções, a data do(s) certificado(s) médico(s) em vigor, bem como o estado de saúde indicado no certificado. Em caso de dúvida quanto à aptidão do marítimo para exercer uma função ou funções específicas, o oficial competente consulta o médico que acompanha o marítimo ou qualquer outro profissional de saúde qualificado e regista um resumo das suas conclusões, bem como o seu nome, número de telefone e a data da consulta.

Texto do artigo · p. 134 MARITIME LABOUR CONVENTION, 2006 PREAMBLE 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

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Texto do artigo · p. 135 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 inter- national 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, 2006. GENERAL OBLIGATIONS Article I

Texto do artigo · p. 135 1. 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.

Texto do artigo · p. 135 2. 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

Texto do artigo · p. 135 1. 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 hav- ing the force of law in respect of the subject matter of the provision concerned:

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Texto do artigo · p. 136 (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 Inter- national Maritime Organization, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969); (d) maritime labour certificate means the certificate referred to in Regulation 5.1.3; (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; (f) seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; (g) seafarers’ employment agreement includes both a contract of employment and articles of agreement; (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; (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; (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 responsibilities on behalf of the shipowner.

Texto do artigo · p. 136 2. Except as expressly provided otherwise, this Convention applies to all seafarers.

Texto do artigo · p. 136 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.

Texto do artigo · p. 136 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.

Texto do artigo · p. 136 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.

Texto do artigo · p. 136 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

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Texto do artigo · p. 137 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.

Texto do artigo · p. 137 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.

Texto do artigo · p. 137 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: (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation. SEAFARERS’ EMPLOYMENT AND SOCIAL RIGHTS Article IV

Texto do artigo · p. 137 1. Every seafarer has the right to a safe and secure workplace that complies with safety standards.

Texto do artigo · p. 137 2. Every seafarer has a right to fair terms of employment.

Texto do artigo · p. 137 3. Every seafarer has a right to decent working and living conditions on board ship.

Texto do artigo · p. 137 4. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection.

Texto do artigo · p. 137 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

Texto do artigo · p. 137 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.

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Texto do artigo · p. 138 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.

Texto do artigo · p. 138 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.

Texto do artigo · p. 138 4. A ship to which this Convention applies may, in accordance with inter- national 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.

Texto do artigo · p. 138 5. Each Member shall effectively exercise its jurisdiction and control over sea- farer recruitment and placement services, if these are established in its territory.

Texto do artigo · p. 138 6. Each Member shall prohibit violations of the requirements of this Con- vention 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.

Texto do artigo · p. 138 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

Texto do artigo · p. 138 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.

Texto do artigo · p. 138 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 cor- responding 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.

Texto do artigo · p. 138 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 provi- sions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A.

Texto do artigo · p. 138 4. For the sole purpose of paragraph 3 of this Article, any law, regulation, col- lective agreement or other implementing measure shall be con- sidered to be sub- stantially equivalent, in the context of this Convention, if the Member satisfies itself that: (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 (b) it gives effect to the provision or provisions of Part A of the Code concerned.

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Texto do artigo · p. 139 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’ organiza- tions may, in cases where representative organizations of shipowners or 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

Texto do artigo · p. 139 1.　The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.

Texto do artigo · p. 139 2.　This Convention shall be binding only upon those Members of the Inter- national Labour Organization whose ratifications have been registered by the Director- General.

Texto do artigo · p. 139 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 at least 33 per cent.

Texto do artigo · p. 139 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

Texto do artigo · p. 139 1.　A Member which has ratified this Convention may denounce it after the ex- piration 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.

Texto do artigo · p. 139 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)

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Texto do artigo · p. 140 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).

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Texto do artigo · p. 141 DEPOSITARY FUNCTIONS Article XI

Texto do artigo · p. 141 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.

Texto do artigo · p. 141 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

Texto do artigo · p. 141 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.

Texto do artigo · p. 141 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.

Texto do artigo · p. 141 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.

Texto do artigo · p. 141 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

Texto do artigo · p. 141 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 Organization 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.

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Texto do artigo · p. 142 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.

Texto do artigo · p. 142 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.

Texto do artigo · p. 142 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.

Texto do artigo · p. 142 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.

Texto do artigo · p. 142 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.

Texto do artigo · p. 142 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.

Texto do artigo · p. 142 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.

Texto do artigo · p. 142 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

Texto do artigo · p. 142 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.

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Texto do artigo · p. 143 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 amend- ment 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.

Texto do artigo · p. 143 3. Having verified that the proposal for amendment meets the requirements of paragraph 2 of this Article, the Director-General shall promptly communicate the pro- posal, accompanied by any comments or suggestions deemed appropriate, to all Mem- bers 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.

Texto do artigo · p. 143 4. At the end of the period referred to in paragraph 3 of this Article, the pro- posal, 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: (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 (b) a majority of at least two-thirds of the Committee members vote in favour of the amendment; and (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.

Texto do artigo · p. 143 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.

Texto do artigo · p. 143 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 dis- agreement. 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.

Texto do artigo · p. 143 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 disagree- ment 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.

Texto do artigo · p. 143 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

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Texto do artigo · p. 144 "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: (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 (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.

Texto do artigo · p. 144 9. An amendment which is the subject of a notice referred to in paragraph 8(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.

Texto do artigo · p. 144 10. The period referred to in paragraph 8(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.

Texto do artigo · p. 144 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.

Texto do artigo · p. 144 12. After entry into force of an amendment, the Convention may only be ratified in its amended form.

Texto do artigo · p. 144 13. To the extent that a maritime labour certificate relates to matters covered by an amendment to the Convention which has entered into force: (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: (i) pursuant to paragraph 7 of this Article, has formally expressed disagreement to the amendment and has not withdrawn such disagreement; or (ii) pursuant to paragraph 8(a) of this Article, has given notice that its acceptance is subject to its subsequent express notification and has not accepted the amendment; and (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(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. .

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Texto do artigo · p. 145 EXPLANATORY NOTE TO THE REGULATIONS AND CODE OF THE MARITIME LABOUR CONVENTION

Texto do artigo · p. 145 1. This explanatory note, which does not form part of the Maritime Labour Convention, is intended as a general guide to the Convention.

Texto do artigo · p. 145 2. The Convention comprises three different but related parts: the Articles, the Regulations and the Code.

Texto do artigo · p. 145 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 Constitu- tion of the International Labour Organisation (see Article XIV of the Convention).

Texto do artigo · p. 145 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.

Texto do artigo · p. 145 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

Texto do artigo · p. 145 6. Each Title contains groups of provisions relating to a particular right or prin- ciple (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.

Texto do artigo · p. 145 7. The Convention has three underlying purposes: (a) to lay down, in its Articles and Regulations, a firm set of rights and principles; (b) to allow, through the Code, a considerable degree of flexibility in the way Mem- bers implement those rights and principles; and (c) to ensure, through Title 5, that the rights and principles are properly complied with and enforced.

Texto do artigo · p. 145 8. There are two main areas for flexibility in implementation: one is the pos- sibility 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).

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Texto do artigo · p. 146 Explanatory note to the Regulations and Code

Texto do artigo · p. 146 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 necess- sarily 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.

Texto do artigo · p. 146 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.

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Texto do artigo · p. 147 THE REGULATIONS AND THE CODE TITLE 1. MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP Regulation 1.1 – Minimum age Purpose: To ensure that no under-age persons work on a ship

Texto do artigo · p. 147 1. No person below the minimum age shall be employed or engaged or work on a ship.

Texto do artigo · p. 147 2. The minimum age at the time of the initial entry into force of this Convention is 16 years.

Texto do artigo · p. 147 3. A higher minimum age shall be required in the circumstances set out in the Code. Standard A1.1 – Minimum age

Texto do artigo · p. 147 1. The employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited.

Texto do artigo · p. 147 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.

Texto do artigo · p. 147 3. An exception to strict compliance with the night work restriction may be made by the competent authority when: (a) the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired; or (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.

Texto do artigo · p. 147 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 B1.1 – Minimum age

Texto do artigo · p. 147 1. When regulating working and living conditions, Members should give special attention to the needs of young persons under the age of 18.

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Texto do artigo · p. 148 Maritime Labour Convention, 2006 Regulation 1.2 — Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea

Texto do artigo · p. 148 1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties.

Texto do artigo · p. 148 2. Exceptions can only be permitted as prescribed in the Code. Standard A1.2 — Medical certificate

Texto do artigo · p. 148 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.

Texto do artigo · p. 148 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.

Texto do artigo · p. 148 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.

Texto do artigo · p. 148 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.

Texto do artigo · p. 148 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.

Texto do artigo · p. 148 6. Each medical certificate shall state in particular that: (a) the hearing and sight of the seafarer concerned, and the colour vision in the case of a seafarer to be employed in capacities where fitness for the work to be performed is liable to be affected by defective colour vision, are all satisfactory; and (b) the seafarer concerned is not suffering from any medical condition likely to be aggravated by service at sea or to render the seafarer unfit for such service or to endanger the health of other persons on board.

Texto do artigo · p. 148 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: (a) a medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year; (b) a certification of colour vision shall be valid for a maximum period of six years.

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Texto do artigo · p. 149 Minimum requirements for seafarers to work on a ship

Texto do artigo · p. 149 8. In urgent cases the competent authority may permit a seafarer to work with- out a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that: (a) the period of such permission does not exceed three months; and (b) the seafarer concerned is in possession of an expired medical certificate of recent date.

Texto do artigo · p. 149 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.

Texto do artigo · p. 149 10. The medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English. Guideline B1.2 – Medical certificate Guideline B1.2.1 – International guidelines

Texto do artigo · p. 149 1. The competent authority, medical practitioners, examiners, shipowners, sea- farers’ representatives and all other persons concerned with the conduct of medical fit- ness examinations of seafarer candidates and serving seafarers should follow the ILO/ WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization, the International Mari- time Organization or the World Health Organization. Regulation 1.3 – Training and qualifications Purpose: To ensure that seafarers are trained or qualified to carry out their duties on board ship

Texto do artigo · p. 149 1. Seafarers shall not work on a ship unless they are trained or certified as com- petent or otherwise qualified to perform their duties.

Texto do artigo · p. 149 2. Seafarers shall not be permitted to work on a ship unless they have success- fully completed training for personal safety on board ship.

Texto do artigo · p. 149 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.

Texto do artigo · p. 149 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 provi- sions covering its subject matter have been adopted by the International Maritime Organization and entered into force, or until five years have elapsed since the entry into force of this Convention in accordance with paragraph 3 of Article VIII, which- ever date is earlier.

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Texto do artigo · p. 150 Maritime Labour Convention, 2006 Regulation 1.4 – Recruitment and placement Purpose: To ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system

Texto do artigo · p. 150 1. All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer.

Texto do artigo · p. 150 2. Seafarer recruitment and placement services operating in a Member’s territory shall conform to the standards set out in the Code.

Texto do artigo · p. 150 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 A1.4 – Recruitment and placement

Texto do artigo · p. 150 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.

Texto do artigo · p. 150 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.

Texto do artigo · p. 150 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: (a) the recruitment and placement service is operated pursuant to a collective bargaining agreement between that organization and a shipowner; (b) both the seafarers’ organization and the shipowner are based in the territory of the Member; (c) the Member has national laws or regulations or a procedure to authorize or register the collective bargaining agreement permitting the operation of the recruitment and placement service; and (d) the recruitment and placement service is operated in an orderly manner and measures are in place to protect and promote seafarers’ employment rights comparable to those provided in paragraph 5 of this Standard.

Texto do artigo · p. 150 4. Nothing in this Standard or Regulation 1.4 shall be deemed to:

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Texto do artigo · p. 151 (a) prevent a Member from maintaining a free public seafarer recruitment and placement service for seafarers in the framework of a policy to meet the needs of seafarers and shipowners, whether the service forms part of or is coordinated with a public employment service for all workers and employers; or (b) impose on a Member the obligation to establish a system for the operation of pri- vate seafarer recruitment or placement services in its territory.

Texto do artigo · p. 151 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: (a) prohibit seafarer recruitment and placement services from using means, mech- anisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified; (b) require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner; and (c) ensure that seafarer recruitment and placement services operating in its territory: (i) maintain an up-to-date register of all seafarers recruited or placed through them. to be available for inspection by the competent authority; (ii) make sure that seafarers are informed of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers to examine their employment agreements before and after they are signed and for them to receive a copy of the agreements; (iii) verify that seafarers recruited or placed by them are qualified and hold the documents necessary for the job concerned, and that the seafarers’ employ- ment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement; (iv) make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port; (v) examine and respond to any complaint concerning their activities and ad- vise the competent authority of any unresolved complaint; (vi) establish a system of protection, by way of insurance or an equivalent ap- propriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.

Texto do artigo · p. 151 6. The competent authority shall closely supervise and control all seafarer re- cruitment and placement services operating in the territory of the Member concerned. Any licences or certificates or similar authorizations for the operation of private ser- vices in the territory are granted or renewed only after verification that the seafarer re- cruitment and placement service concerned meets the requirements of national laws and regulations.

Texto do artigo · p. 151 7. The competent authority shall ensure that adequate machinery and proce- dures exist for the investigation, if necessary, of complaints concerning the activities of

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Texto do artigo · p. 152 Maritime Labour Convention, 2006 seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers.

Texto do artigo · p. 152 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.

Texto do artigo · p. 152 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.

Texto do artigo · p. 152 10. Nothing in this Standard shall be understood as diminishing the obligations and responsibilities of shipowners or of a Member with respect to ships that fly its flag. Guideline B1.4 – Recruitment and placement Guideline B1.4.1 – Organizational and operational guidelines

Texto do artigo · p. 152 1. When fulfilling its obligations under Standard A1.4, paragraph 1, the competent authority should consider: (a) taking the necessary measures to promote effective cooperation among seafarer recruitment and placement services, whether public or private; (b) the needs of the maritime industry at both the national and international levels, when developing training programmes for seafarers that form the part of the ship’s crew that is responsible for the ship’s safe navigation and pollution prevention operations, with the participation of shipowners, seafarers and the relevant training institutions; (c) making suitable arrangements for the cooperation of representative shipowners’ and seafarers’ organizations in the organization and operation of the public seafarer recruitment and placement services, where they exist; (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; (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; (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;

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Texto do artigo · p. 153 (g) prescribing operational standards and adopting codes of conduct and ethical practices for seafarer recruitment and placement services; and (h) exercising supervision of the licensing or certification system on the basis of a sys- tem of quality standards.

Texto do artigo · p. 153 2. In establishing the system referred to in Standard A1.4, paragraph 2, each Member should consider requiring seafarer recruitment and placement services, estab- lished in its territory, to develop and maintain verifiable operational practices. These operational practices for private seafarer recruitment and placement services and, to the extent that they are applicable, for public seafarer recruitment and placement ser- vices should address the following matters: (a) medical examinations, seafarers’ identity documents and such other items as may be required for the seafarer to gain employment; (b) maintaining, with due regard to the right to privacy and the need to protect con- fidentiality, full and complete records of the seafarers covered by their recruit- ment and placement system, which should include but not be limited to: (i) the seafarers’ qualifications; (ii) record of employment; (iii) personal data relevant to employment; and (iv) medical data relevant to employment; (c) maintaining up-to-date lists of the ships for which the seafarer recruitment and placement services provide seafarers and ensuring that there is a means by which the services can be contacted in an emergency at all hours; (d) procedures to ensure that seafarers are not subject to exploitation by the seafarer recruitment and placement services or their personnel with regard to the offer of engagement on particular ships or by particular companies; (e) procedures to prevent the opportunities for exploitation of seafarers arising from the issue of joining advances or any other financial transaction between the ship- owner and the seafarers which are handled by the seafarer recruitment and place- ment services; (f) clearly publicizing costs, if any, which the seafarer will be expected to bear in the recruitment process; (g) ensuring that seafarers are advised of any particular conditions applicable to the job for which they are to be engaged and of the particular shipowner’s policies relating to their employment; (h) procedures which are in accordance with the principles of natural justice for deal- ing with cases of incompetence or indiscipline consistent with national laws and practice and, where applicable, with collective agreements; (i) procedures to ensure, as far as practicable, that all mandatory certificates and documents submitted for employment are up to date and have not been fraudu- lently obtained and that employment references are verified; (j) procedures to ensure that requests for information or advice by families of sea- farers while the seafarers are at sea are dealt with promptly and sympathetically and at no cost; and (k) verifying that labour conditions on ships where seafarers are placed are in con- formity with applicable collective bargaining agreements concluded between a shipowner and a representative seafarers’ organization and, as a matter of policy,

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Texto do artigo · p. 154 Maritime Labour Convention, 2006 supplying seafarers only to shipowners that offer terms and conditions of em- ployment to seafarers which comply with applicable laws or regulations or collec- tive agreements.

Texto do artigo · p. 154 3. Consideration should be given to encouraging international cooperation between Members and relevant organizations, such as: (a) the systematic exchange of information on the maritime industry and labour mar- ket on a bilateral, regional and multilateral basis; (b) the exchange of information on maritime labour legislation; (c) the harmonization of policies, working methods and legislation governing re- cruitment and placement of seafarers; (d) the improvement of procedures and conditions for the international recruitment and placement of seafarers; and (e) workforce planning, taking account of the supply of and demand for seafarers and the requirements of the maritime industry.

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Texto do artigo · p. 155 TITLE 2. CONDITIONS OF EMPLOYMENT Regulation 2.1 – Seafarers’ employment agreements Purpose: To ensure that seafarers have a fair employment agreement

Texto do artigo · p. 155 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.

Texto do artigo · p. 155 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.

Texto do artigo · p. 155 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 A2.1 – Seafarers’ employment agreements

Texto do artigo · p. 155 1. Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements: (a) seafarers working on ships that fly its flag shall have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner (or, where they are not employees, evidence of contractual or similar arrangements) providing them with decent working and living conditions on board the ship as required by this Convention; (b) seafarers signing a seafarers’ employment agreement shall be given an 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; (c) the shipowner and seafarer concerned shall each have a signed original of the seafarers’ employment agreement; (d) measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited; and (e) seafarers shall be given a document containing a record of their employment on board the ship.

Texto do artigo · p. 155 2. Where a collective bargaining agreement forms all or part of a seafarers’ em- ployment agreement, a copy of that agreement shall be available on board. Where the language of the seafarers’ employment agreement and any applicable collective bargain- ing agreement is not in English, the following shall also be available in English (except for ships engaged only in domestic voyages):

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Texto do artigo · p. 156 Maritime Labour Convention, 2006 (a) a copy of a standard form of the agreement; and (b) the portions of the collective bargaining agreement that are subject to a port State inspection under Regulation 5.2.

Texto do artigo · p. 156 3. The document referred to in paragraph 1(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.

Texto do artigo · p. 156 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: (a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s name and address; (c) the place where and date when the seafarers’ employment agreement is entered into; (d) the capacity in which the seafarer is to be employed; (e) the amount of the seafarer’s wages or, where applicable, the formula used for calculating them; (f) the amount of paid annual leave or, where applicable, the formula used for calculating it; (g) the termination of the agreement and the conditions thereof, including: (i) if the agreement has been made for an indefinite period, the conditions 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; (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; (h) the health and social security protection benefits to be provided to the seafarer by the shipowner; (i) the seafarer’s entitlement to repatriation; (j) reference to the collective bargaining agreement, if applicable; and (k) any other particulars which national law may require.

Texto do artigo · p. 156 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.

Texto do artigo · p. 156 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.

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Texto do artigo · p. 157 Conditions of employment Guideline B2.1 – Seafarers’ employment agreements Guideline B2.1.1 – Record of employment

Texto do artigo · p. 157 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(e) of that Standard. Regulation 2.2 – Wages Purpose: To ensure that seafarers are paid for their services

Texto do artigo · p. 157 1. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements. Standard A2.2 – Wages

Texto do artigo · p. 157 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.

Texto do artigo · p. 157 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.

Texto do artigo · p. 157 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.

Texto do artigo · p. 157 4. Measures to ensure that seafarers are able to transmit their earnings to their families include: (a) a system for enabling seafarers, at the time of their entering employment or 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 (b) a requirement that allotments should be remitted in due time and directly to the person or persons nominated by the seafarers.

Texto do artigo · p. 157 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.

Texto do artigo · p. 157 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 B2.2 – Wages Guideline B2.2.1 – Specific definitions

Texto do artigo · p. 157 1. For the purpose of this Guideline, the term:

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Texto do artigo · p. 158 Maritime Labour Convention, 2006 (a) able seafarer means any seafarer who is deemed competent to perform any duty which may be required of a rating serving in the deck department, other than the duties of a supervisory or specialist rating, or who is defined as such by national laws, regulations or practice, or by collective agreement; (b) basic pay or wages means the pay, however composed, for normal hours of work; it does not include payments for overtime worked, bonuses, allowances, paid leave or any other additional remuneration; (c) consolidated wage means a wage or salary which includes the basic pay and other pay-related benefits; a consolidated wage may include compensation for all over- time hours which are worked and all other pay-related benefits, or it may include only certain benefits in a partial consolidation; (d) hours of work means time during which seafarers are required to do work on ac- count of the ship; (e) overtime means time worked in excess of the normal hours of work. Guideline B2.2.2 – Calculation and payment

Texto do artigo · p. 158 1. For seafarers whose remuneration includes separate compensation for over- time worked: (a) for the purpose of calculating wages, the normal hours of work at sea and in port should not exceed eight hours per day; (b) for the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages should be prescribed by national laws or regu- lations, if not determined by collective agreements, but should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable treatment; (c) the rate or rates of compensation for overtime, which should be not less than one and one- quarter times the basic pay or wages per hour, should be prescribed by national laws or regulations or by collective agreements, if applicable; and (d) records of all overtime worked should be maintained by the master, or a person assigned by the master, and endorsed by the seafarer at no greater than monthly intervals.

Texto do artigo · p. 158 2. For seafarers whose wages are fully or partially consolidated: (a) the seafarers’ employment agreement should specify clearly, where appropriate, the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the con- solidated wage, and in which circumstances; (b) where hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate should be not less than one and one- quarter times the basic rate corresponding to the normal hours of work as de- fined in paragraph 1 of this Guideline; the same principle should be applied to the overtime hours included in the consolidated wage; (c) remuneration for that portion of the fully or partially consolidated wage repre- senting the normal hours of work as defined in paragraph 1(a) of this Guideline should be no less than the applicable minimum wage; and (d) for seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided for in paragraph 1(d) of this Guideline.

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Texto do artigo · p. 159 Conditions of employment

Texto do artigo · p. 159 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.

Texto do artigo · p. 159 4. National laws or regulations adopted after consulting the representative shipowners’ and seafarers’ organizations or, as appropriate, collective agreements should take into account the following principles: (a) equal remuneration for work of equal value should apply to all seafarers employed on the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin; (b) the seafarers’ employment agreement specifying the applicable wages or wage rates should be carried on board the ship; information on the amount of wages or wage rates should be made available to each seafarer, either by providing at least one signed copy of the relevant information to the seafarer in a language which the seafarer understands, or by posting a copy of the agreement in a place accessible to seafarers or by some other appropriate means; (c) wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank cheque, postal cheque or money order; (d) on termination of engagement all remuneration due should be paid without undue delay; (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; (f) wages should be paid directly to seafarers’ designated bank accounts unless they request otherwise in writing; (g) subject to subparagraph (h) of this paragraph, the shipowner should impose no limit on seafarers’ freedom to dispose of their remuneration; (h) deduction from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in an 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 (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; (i) no deductions should be made from a seafarer’s remuneration in respect of obtaining or retaining employment; (j) monetary fines against seafarers other than those authorized by national laws or regulations, collective agreements or other measures should be prohibited; (k) the competent authority should have the power to inspect stores and services provided on board ship to ensure that fair and reasonable prices are applied for the benefit of the seafarers concerned; and

Texto do artigo · p. 159 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).

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Texto do artigo · p. 160 Maritime Labour Convention, 2006

Texto do artigo · p. 160 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

Texto do artigo · p. 160 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.

Texto do artigo · p. 160 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: (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 (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.

Texto do artigo · p. 160 3. The competent authority should ensure: (a) by means of a system of supervision and sanctions, that wages are paid at not less than the rate or rates fixed; and (b) that any seafarers who have been paid at a rate lower than the minimum wage are enabled to recover, by an inexpensive and expeditious judicial or other procedure, the amount by which they have been underpaid. Guideline B2.2.4 – Minimum monthly basic pay or wage figure for able seafarers

Texto do artigo · p. 160 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.

Texto do artigo · p. 160 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 2.3 – Hours of work and hours of rest Purpose: To ensure that seafarers have regulated hours of work or hours of rest

Texto do artigo · p. 160 1. Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated.

Texto do artigo · p. 160 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 A2.3 – Hours of work and hours of rest

Texto do artigo · p. 160 1. For the purpose of this Standard, the term:

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Texto do artigo · p. 161 Conditions of employment (a) hours of work means time during which seafarers are required to do work on account of the ship; (b) hours of rest means time outside hours of work; this term does not include short breaks.

Texto do artigo · p. 161 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.

Texto do artigo · p. 161 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.

Texto do artigo · p. 161 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.

Texto do artigo · p. 161 5. The limits on hours of work or rest shall be as follows: (a) maximum hours of work shall not exceed: (i) 14 hours in any 24-hour period; and (ii) 72 hours in any seven-day period; or (b) minimum hours of rest shall not be less than: (i) ten hours in any 24-hour period; and (ii) 77 hours in any seven-day period.

Texto do artigo · p. 161 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.

Texto do artigo · p. 161 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.

Texto do artigo · p. 161 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.

Texto do artigo · p. 161 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.

Texto do artigo · p. 161 10. Each Member shall require the posting, in an easily accessible place. of a table with the shipboard working arrangements, which shall contain for every position at least: (a) the schedule of service at sea and service in port; and (b) the maximum hours of work or the minimum hours of rest required by national laws or regulations or applicable collective agreements.

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Texto do artigo · p. 163 Conditions of employment

Texto do artigo · p. 163 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 2.4 – Entitlement to leave Purpose: To ensure that seafarers have adequate leave

Texto do artigo · p. 163 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.

Texto do artigo · p. 163 2. Seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. Standard A2.4 – Entitlement to leave

Texto do artigo · p. 163 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.

Texto do artigo · p. 163 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.

Texto do artigo · p. 163 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 B2.4 – Entitlement to leave Guideline B2.4.1 – Calculation of entitlement

Texto do artigo · p. 163 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.

Texto do artigo · p. 163 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.

Texto do artigo · p. 163 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.

Texto do artigo · p. 163 4. The following should not be counted as part of annual leave with pay:

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Texto do artigo · p. 164 Maritime Labour Convention, 2006 (a) public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay; (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; (c) temporary shore leave granted to a seafarer while under an employment agree- ment; and (d) compensatory leave of any kind, under conditions as determined by the compe- tent authority or through the appropriate machinery in each country. Guideline B2.4.2 – Taking of annual leave

Texto do artigo · p. 164 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 pos- sible, in agreement with the seafarers concerned or their representatives.

Texto do artigo · p. 164 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 with- out their consent to take annual leave due to them in another place except under the pro- visions of a seafarers’ employment agreement or of national laws or regulations.

Texto do artigo · p. 164 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 trans- portation 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.

Texto do artigo · p. 164 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

Texto do artigo · p. 164 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.

Texto do artigo · p. 164 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

Texto do artigo · p. 164 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 col- lective 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 re- patriation at no expense to themselves to the place of original engagement in their coun- try of residence for the purpose of taking any leave earned during the voyage.

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Texto do artigo · p. 165 Conditions of employment Regulation 2.5 – Repatriation Purpose: To ensure that seafarers are able to return home

Texto do artigo · p. 165 1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code.

Texto do artigo · p. 165 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 A2.5 – Repatriation

Texto do artigo · p. 165 1. Each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: (a) if the seafarers’ employment agreement expires while they are abroad; (b) when the seafarers’ employment agreement is terminated: (i) by the shipowner; or (ii) by the seafarer for justified reasons; and also (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.

Texto do artigo · p. 165 2. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (a) the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; (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 (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.

Texto do artigo · p. 165 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.

Texto do artigo · p. 165 4. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation under third-party contractual arrangements.

Texto do artigo · p. 165 5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated: (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; (b) costs incurred in repatriating seafarers shall be recoverable from the shipowner by the Member whose flag the ship flies; (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.

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Texto do artigo · p. 166 Maritime Labour Convention, 2006

Texto do artigo · p. 166 6. Taking into account applicable international instruments, including the Inter- national Convention on Arrest of Ships, 1999, a Member which has paid the cost of re- patriation 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.

Texto do artigo · p. 166 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.

Texto do artigo · p. 166 8. In particular, a Member shall not refuse the right of repatriation to any sea- farer because of the financial circumstances of a shipowner or because of the ship- owner's inability or unwillingness to replace a seafarer.

Texto do artigo · p. 166 9. Each Member shall require that ships that fly its flag carry and make avail- able to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language. Guideline B2.5 – Repatriation Guideline B2.5.1 – Entitlement

Texto do artigo · p. 166 1. Seafarers should be entitled to repatriation: (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’ employ- ment agreement; (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c): (i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel; (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 in- solvency, sale of ship, change of ship’s registration or any other similar reason; (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 sea- farer does not consent to go; and (v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employ- ment for any other similar reason.

Texto do artigo · p. 166 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.

Texto do artigo · p. 166 3. The costs to be borne by the shipowner for repatriation under Standard A2.5 should include at least the following: (a) passage to the destination selected for repatriation in accordance with para- graph 6 of this Guideline;

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Texto do artigo · p. 167 Conditions of employment (b) accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination; (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; (d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation destination; and (e) medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination.

Texto do artigo · p. 167 4. Time spent awaiting repatriation and repatriation travel time should not be deducted from paid leave accrued to the seafarers.

Texto do artigo · p. 167 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.

Texto do artigo · p. 167 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: (a) the place at which the seafarer agreed to enter into the engagement; (b) the place stipulated by collective agreement; (c) the seafarer’s country of residence; or (d) such other place as may be mutually agreed at the time of engagement.

Texto do artigo · p. 167 7. Seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated.

Texto do artigo · p. 167 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

Texto do artigo · p. 167 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.

Texto do artigo · p. 167 2. Each Member should have regard to whether proper provision is made: (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: (i) to the port at which the seafarer concerned was engaged; or (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;

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Texto do artigo · p. 168 Maritime Labour Convention, 2006 (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 wil- ful misconduct.

Texto do artigo · p. 168 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 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

Texto do artigo · p. 168 1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering. Standard A2.6 – Seafarer compensation for the ship’s loss or foundering

Texto do artigo · p. 168 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.

Texto do artigo · p. 168 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 con- cerned for losses or injuries arising from a ship’s loss or foundering. Guideline B2.6 – Seafarer compensation for the ship’s loss or foundering Guideline B2.6.1 – Calculation of indemnity against unemployment

Texto do artigo · p. 168 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.

Texto do artigo · p. 168 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 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

Texto do artigo · p. 168 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, effi-

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Texto do artigo · p. 169 Conditions of employment ciently and with due regard to security under all conditions, taking into account con- cerns about seafarer fatigue and the particular nature and conditions of the voyage. Standard A2.7 – Manning levels

Texto do artigo · p. 169 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.

Texto do artigo · p. 169 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 Organiza- tion, on manning levels.

Texto do artigo · p. 169 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 B2.7 – Manning levels Guideline B2.7.1 – Dispute settlement

Texto do artigo · p. 169 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.

Texto do artigo · p. 169 2. Representatives of shipowners’ and seafarers’ organizations should participate, with or without other persons or authorities, in the operation of such machinery. Regulation 2.8 – Career and skill development and opportunities for seafarers’ employment Purpose: To promote career and skill development and employment opportunities for seafarers

Texto do artigo · p. 169 1. Each Member shall have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employ- ment opportunities for seafarers domiciled in its territory. Standard A2.8 – Career and skill development and employment opportunities for seafarers

Texto do artigo · p. 169 1. Each Member shall have national policies that encourage career and skill de- velopment and employment opportunities for seafarers, in order to provide the mari- time sector with a stable and competent workforce.

Texto do artigo · p. 169 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.

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Texto do artigo · p. 170 Maritime Labour Convention, 2006

Texto do artigo · p. 170 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 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

Texto do artigo · p. 170 1. Measures to achieve the objectives set out in Standard A2.8 might include: (a) agreements providing for career development and skills training with a ship- owner or an organization of shipowners; or (b) arrangements for promoting employment through the establishment and mainten- ance of registers or lists, by categories, of qualified seafarers; or (c) promotion of opportunities, both on board and ashore, for further training and education of seafarers to provide for skill development and portable competen- cies 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

Texto do artigo · p. 170 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.

Texto do artigo · p. 170 2. Seafarers on such a register or list should have priority of engagement for seafaring.

Texto do artigo · p. 170 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.

Texto do artigo · p. 170 4. To the extent that national laws or regulations permit, the number of sea- farers on such registers or lists should be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry.

Texto do artigo · p. 170 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 situa- tion of the country concerned.

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Texto do artigo · p. 171 TITLE 3. ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING Regulation 3.1 – Accommodation and recreational facilities Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board

Texto do artigo · p. 171 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.

Texto do artigo · p. 171 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 construction.

Texto do artigo · p. 171 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 A3.1 – Accommodation and recreational facilities

Texto do artigo · p. 171 1. Each Member shall adopt laws and regulations requiring that ships that fly its flag: (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 (b) are inspected to ensure initial and ongoing compliance with those standards.

Texto do artigo · p. 171 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: (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 (b) give due consideration to the guidance contained in Part B of this Code.

Texto do artigo · p. 171 3. The inspections required under Regulation 5.1.4 shall be carried out when: (a) a ship is registered or re-registered; or (b) the seafarer accommodation on a ship has been substantially altered.

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Texto do artigo · p. 172 Maritime Labour Convention, 2006

Texto do artigo · p. 172 4. The competent authority shall pay particular attention to ensuring imple- mentation of the requirements of this Convention relating to: (a) the size of rooms and other accommodation spaces; (b) heating and ventilation; (c) noise and vibration and other ambient factors; (d) sanitary facilities; (e) lighting; and (f) hospital accommodation.

Texto do artigo · p. 172 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 facil- ities that are set out in paragraphs 6 to 17 of this Standard.

Texto do artigo · p. 172 6. With respect to general requirements for accommoda- tion: (a) there shall be adequate headroom in all seafarer accommodation; the minimum permitted headroom in all seafarer accommodation where full and free move- ment 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: (i) is reasonable; and (ii) will not result in discomfort to the seafarers; (b) the accommodation shall be adequately insulated; (c) in ships other than passenger ships, as defined in Regulation 2(e) and (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 bulk- head; (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 (herein- after 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; (e) there shall be no direct openings into sleeping rooms from cargo and machi- nery 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; (f) the materials used to construct internal bulkheads, panelling and sheeting, floors and joinings shall be suitable for the purpose and conduc- tive to ensuring a healthy environment; (g) proper lighting and sufficient drainage shall be provided; and (h) accommodation and recreational and catering facilities shall meet the require- ments 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

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Texto do artigo · p. 173 Accommodation, recreational facilities, food and catering and chemicals on board ships, and to provide an acceptable occupational and on- board living environment for seafarers.

Texto do artigo · p. 173 7. With respect to requirements for ventilation and heating: (a) sleeping rooms and mess rooms shall be adequately ventilated; (b) ships, except those regularly engaged in trade where temperate climatic con- ditions 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; (c) all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation; and (d) adequate heat through an appropriate heating system shall be provided, except in ships exclusively on voyages in tropical climates.

Texto do artigo · p. 173 8. With respect to requirements for lighting, subject to such special arrange- ments as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light .

Texto do artigo · p. 173 9. When sleeping accommodation on board ships is required, the following re- quirements for sleeping rooms apply: (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 compe- tent authority after consultation with the shipowners’ and seafarers’ organiza- tions concerned; (b) separate sleeping rooms shall be provided for men and for women; (c) sleeping rooms shall be of adequate size and properly equipped so as to ensure reasonable comfort and to facilitate tidiness; (d) a separate berth for each seafarer shall in all circumstances be provided; (e) the minimum inside dimensions of a berth shall be at least 198 centimetres by 80 centimetres; (f) in single berth seafarers’ sleeping rooms the floor area shall not be less than: (i) 4.5 square metres in ships of less than 3,000 gross tonnage; (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; (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; (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; (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: (i) 7.5 square metres in rooms accommodating two persons; (ii) 11.5 square metres in rooms accommodating three persons; (iii) 14.5 square metres in rooms accommodating four persons;

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Texto do artigo · p. 174 Maritime Labour Convention, 2006 (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; (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: (i) 7.5 square metres in ships of less than 3,000 gross tonnage; (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; (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; (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; (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; (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.

Texto do artigo · p. 174 10. With respect to requirements for mess rooms: (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 (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.

Texto do artigo · p. 174 11. With respect to requirements for sanitary facilities: (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; (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;

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Texto do artigo · p. 175 Accommodation, recreational facilities, food and catering (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 pro- vided at a convenient location; (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 wash- basin is situated in the private bathroom provided; (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 (f) hot and cold running fresh water shall be available in all wash places.

Texto do artigo · p. 175 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 pro- vide 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.

Texto do artigo · p. 175 13. Appropriately situated and furnished laundry facilities shall be available.

Texto do artigo · p. 175 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.

Texto do artigo · p. 175 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.

Texto do artigo · p. 175 16. Ships regularly trading to mosquito-infested ports shall be fitted with appro- priate devices as required by the competent authority.

Texto do artigo · p. 175 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.

Texto do artigo · p. 175 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 ac- commodation 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.

Texto do artigo · p. 175 19. In the case of ships where there is need to take account, without discrimin- ation, 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 favour- able than those which would result from the application of this Standard.

Texto do artigo · p. 175 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:

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Texto do artigo · p. 176 Maritime Labour Convention, 2006 (a) paragraphs 7(b), 11(d) and 13; and (b) paragraph 9(f) and (h) to (l) inclusive, with respect to floor area only.

Texto do artigo · p. 176 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 B3.1 — Accommodation and recreational facilities Guideline B3.1.1 — Design and construction

Texto do artigo · p. 176 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.

Texto do artigo · p. 176 2. Sleeping rooms, mess rooms, recreation rooms and alleyways in the accommodation space should be adequately insulated to prevent condensation or overheating.

Texto do artigo · p. 176 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.

Texto do artigo · p. 176 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, non- toxic finish.

Texto do artigo · p. 176 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.

Texto do artigo · p. 176 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

Texto do artigo · p. 176 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.

Texto do artigo · p. 176 2. Air-conditioning systems, whether of a centralized or individual unit type, should be designed to: (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 (b) facilitate easy cleaning and disinfection to prevent or control the spread of disease.

Texto do artigo · p. 176 3. Power for the operation of the air conditioning and other aids to ventilation required by the preceeding paragraphs of this Guideline should be available at all times

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Texto do artigo · p. 177 Accommodation, recreational facilities, food and catering 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

Texto do artigo · p. 177 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.

Texto do artigo · p. 177 2. In all ships in which a heating system is required, the heating should be by means of hot water, warm air, electricity, steam or equivalent. However, within the ac- commodation area, steam should not be used as a medium for heat transmission. The heating system should be capable of maintaining the temperature in seafarer accom- modation at a satisfactory level under normal conditions of weather and climate likely to be met within the trade in which the ship is engaged. The competent authority should prescribe the standard to be provided.

Texto do artigo · p. 177 3. Radiators and other heating apparatus should be placed and, where neces- sary, shielded so as to avoid risk of fire or danger or discomfort to the occupants. Guideline B3.1.4 – Lighting

Texto do artigo · p. 177 1. In all ships, electric light should be provided in the seafarer accommodation. If there are not two independent sources of electricity for lighting, additional lighting should be provided by properly constructed lamps or lighting apparatus for emergency use.

Texto do artigo · p. 177 2. In sleeping rooms an electric reading lamp should be installed at the head of each berth.

Texto do artigo · p. 177 3. Suitable standards of natural and artificial lighting should be fixed by the competent authority. Guideline B3.1.5 – Sleeping rooms

Texto do artigo · p. 177 1. There should be adequate berth arrangements on board, making it as com- fortable as possible for the seafarer and any partner who may accompany the seafarer.

Texto do artigo · p. 177 2. Where the size of the ship, the activity in which it is to be engaged and its lay- out make it reasonable and practicable, sleeping rooms should be planned and equipped with a private bathroom, including a toilet, so as to provide reasonable com- fort for the occupants and to facilitate tidiness.

Texto do artigo · p. 177 3. As far as practicable, sleeping rooms of seafarers should be so arranged that watches are separated and that no seafarers working during the day share a room with watchkeepers.

Texto do artigo · p. 177 4. In the case of seafarers performing the duty of petty officers there should be no more than two persons per sleeping room.

Texto do artigo · p. 177 5. Consideration should be given to extending the facility referred to in Stand- ard A3.1, paragraph 9(m), to the second engineer officer when practicable.

Texto do artigo · p. 177 6. Space occupied by berths and lockers, chests of drawers and seats should be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture should be excluded.

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Texto do artigo · p. 178 Maritime Labour Convention, 2006

Texto do artigo · p. 178 7. Berths should not be arranged in tiers of more than two; in the case of berths placed along the ship’s side, there should be only a single tier where a sidelight is situ- ated above a berth.

Texto do artigo · p. 178 8. The lower berth in a double tier should be not less than 30 centimetres above the floor; the upper berth should be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.

Texto do artigo · p. 178 9. The framework and the lee-board, if any, of a berth should be of approved material, hard, smooth, and not likely to corrode or to harbour vermin.

Texto do artigo · p. 178 10. If tubular frames are used for the construction of berths, they should be completely sealed and without perforations which would give access to vermin.

Texto do artigo · p. 178 11. Each berth should be fitted with a comfortable mattress with cushioning bottom or a combined cushioning mattress, including a spring bottom or a spring mat- tress. The mattress and cushioning material used should be made of approved material. Stuffing of material likely to harbour vermin should not be used.

Texto do artigo · p. 178 12. When one berth is placed over another, a dust-proof bottom should be fit- ted beneath the bottom mattress or spring bottom of the upper berth.

Texto do artigo · p. 178 13. The furniture should be of smooth, hard material not liable to warp or corrode.

Texto do artigo · p. 178 14. Sleeping rooms should be fitted with curtains or equivalent for the side- lights.

Texto do artigo · p. 178 15. Sleeping rooms should be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks. Guideline B3.1.6 – Mess rooms

Texto do artigo · p. 178 1. Mess room facilities may be either common or separate. The decision in this respect should be taken after consultation with seafarers’ and shipowners’ represent- atives and subject to the approval of the competent authority. Account should be taken of factors such as the size of the ship and the distinctive cultural, religious and social needs of the seafarers.

Texto do artigo · p. 178 2. Where separate mess room facilities are to be provided to seafarers, then sep- arate mess rooms should be provided for: (a) master and officers; and (b) petty officers and other seafarers.

Texto do artigo · p. 178 3. On ships other than passenger ships, the floor area of mess rooms for sea- farers should be not less than 1.5 square metres per person of the planned seating capacity.

Texto do artigo · p. 178 4. In all ships, mess rooms should be equipped with tables and appropriate seats, fixed or movable, sufficient to accommodate the greatest number of seafarers likely to use them at any one time.

Texto do artigo · p. 178 5. There should be available at all times when seafarers are on board: (a) a refrigerator, which should be conveniently situated and of sufficient capacity for the number of persons using the mess room or mess rooms;

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Texto do artigo · p. 179 Accommodation, recreational facilities, food and catering (b) facilities for hot beverages; and (c) cool water facilities.

Texto do artigo · p. 179 6. Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils should be provided.

Texto do artigo · p. 179 7. The tops of tables and seats should be of damp-resistant material. Guideline B3.1.7 – Sanitary accommodation

Texto do artigo · p. 179 1. Washbasins and tub baths should be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.

Texto do artigo · p. 179 2. All toilets should be of an approved pattern and provided with an ample flush of water or with some other suitable flushing means, such as air, which are available at all times and independently controllable.

Texto do artigo · p. 179 3. Sanitary accommodation intended for the use of more than one person should comply with the following: (a) floors should be of approved material, impervious to damp, and should be properly drained; (b) bulkheads should be of steel or other approved material and should be watertight up to at least 23 centimetres above the level of the deck; (c) the accommodation should be sufficiently lit, heated and ventilated; (d) toilets should be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and toilets to which there is no other access; this requirement does not apply where a toilet is located in a compartment between two sleeping rooms having a total of not more than four seafarers; and (e) where there is more than one toilet in a compartment, they should be sufficiently screened to ensure privacy.

Texto do artigo · p. 179 4. The laundry facilities provided for seafarers’ use should include: (a) washing machines; (b) drying machines or adequately heated and ventilated drying rooms; and (c) irons and ironing boards or their equivalent. Guideline B3.1.8 – Hospital accommodation

Texto do artigo · p. 179 1. The hospital accommodation should be designed so as to facilitate consultation and the giving of medical first aid and to help prevent the spread of infectious diseases.

Texto do artigo · p. 179 2. The arrangement of the entrance, berths, lighting, ventilation, heating and water supply should be designed to ensure the comfort and facilitate the treatment of the occupants.

Texto do artigo · p. 179 3. The number of hospital berths required should be prescribed by the competent authority.

Texto do artigo · p. 179 4. Sanitary accommodation should be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto. Such sanitary accommodation should comprise a minimum of one toilet, one washbasin and one tub or shower.

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Texto do artigo · p. 180 Maritime Labour Convention, 2006 Guideline B3.1.9 – Other facilities

Texto do artigo · p. 180 1. Where separate facilities for engine department personnel to change their clothes are provided, they should be: (a) located outside the machinery space but with easy access to it; and (b) fitted with individual clothes lockers as well as with tubs or showers or both and washbasins having hot and cold running fresh water. Guideline B3.1.10 – Bedding, mess utensils and miscellaneous provisions

Texto do artigo · p. 180 1. Each Member should consider applying the following principles: (a) clean bedding and mess utensils should be supplied by the shipowner to all sea- farers for use on board during service on the ship, and such seafarers should be responsible for their return at times specified by the master and on completion of service in the ship; (b) bedding should be of good quality, and plates, cups and other mess utensils should be of approved material which can be easily cleaned; and (c) towels, soap and toilet paper for all seafarers should be provided by the shipowner. Guideline B3.1.11 – Recreational facilities, mail and ship visit arrangements

Texto do artigo · p. 180 1. Recreational facilities and services should be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.

Texto do artigo · p. 180 2. Furnishings for recreational facilities should as a minimum include a book- case and facilities for reading, writing and, where practicable, games.

Texto do artigo · p. 180 3. In connection with the planning of recreational facilities, the competent author- ity should give consideration to the provision of a canteen.

Texto do artigo · p. 180 4. Consideration should also be given to including the following facilities at no cost to the seafarer, where practicable: (a) a smoking room; (b) television viewing and the reception of radio broadcasts; (c) showing of films, the stock of which should be adequate for the duration of the voyage and, where necessary, changed at reasonable intervals; (d) sports equipment including exercise equipment, table games and deck games; (e) where possible, facilities for swimming; (f) a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage and changed at reasonable intervals; (g) facilities for recreational handicrafts; (h) electronic equipment such as a radio, television, video recorders, DVD/CD player, personal computer and software and cassette recorder/player; (i) where appropriate, the provision of bars on board for seafarers unless these are contrary to national, religious or social customs; and (j) reasonable access to ship-to-shore telecommunications, and email and Internet facilities, where available, with any charges for the use of these services being reasonable in amount.

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Texto do artigo · p. 182 Maritime Labour Convention, 2006 adequately covers the requirements of the ship and takes into account the differing cul- tural and religious backgrounds.

Fonte textual acessível e tabelas

Texto lido por imagem, página 127: 18 DE SETEMBRO DE 2018 2207
Texto do artigo, página 127: Eu, abaixo assinado, certifico que as medidas supramencionadas foram adoptadas com vista a assegurar, entre as inspecções, a conformidade contínua com as prescrições citadas na Parte I. Nome do armador¹: .............................................................. Morada da companhia: ............................................................ Nome do signatário autorizado: .................................................. Categoria: .................................................................... Assinatura do signatário autorizado: ............................................ Data: ......................................................................... (Selo branco ou carimbo do armador)¹ As medidas supramencionadas foram verificadas por (indicar o nome da autoridade competente ou da organização devidamente reconhecida) e, após inspecção do navio, foram consideradas conformes com os objectivos estabelecidos na alínea b) do parágrafo 10 da Norma A5.1.3 relativamente às medidas que visam garantir a conformidade inicial e contínua com as prescrições enunciadas na Parte I da presente Declaração. Nome: ......................................................................... Categoria: .................................................................... Morada: ....................................................................... Assinatura: .................................................................... Local: ......................................................................... Data: ......................................................................... (Selo branco ou carimbo da autoridade, conforme o caso) Armador designa o proprietário do navio ou qualquer entidade ou pessoa, tal como o gestor, agente ou fretador a casco nu, a quem o proprietário tenha confiado a responsabilidade da exploração do navio e que, assumindo essa responsabilidade, tenha aceitado encarregar-se das tarefas e obrigações que incumbem aos armadores nos termos da presente Convenção, independentemente de outras entidades ou pessoas assumirem, em seu nome, a execução de algumas dessas tarefas ou responsabilidades. (Artigo II, 1.j) da Convenção).
Texto lido por imagem, página 128: 2208 I SÉRIE — NÚMERO 183
Texto do artigo, página 128: Certificado de Trabalho Marítimo Provisório Emitido nos termos das disposições do Artigo V e do Título 5 da Convenção do Trabalho Marítimo, 2006 (adiante designa- da como "a Convenção") sob a autoridade do Governo de: .............................................................................................. (Nome completo do Estado cuja bandeira o navio está autorizado a arvorar) por .............................................................................................. (Nome e morada completos da autoridade compe- tente ou da organização reconhecida devidamente autori- zada nos termos das prescrições da Convenção) Características do navio Nome do navio ..................................................................... Distintivo do navio em número ou letras ................................ Porto de registo .................................................................... Data de registo ..................................................................... Arqueação bruta1 .................................................................. Número OMI ......................................................................... Tipo de navio ........................................................................ Nome e morada do armador2 .............................................. 1 Para os navios cobertos pelas disposições transitórias relativas à arqueação adop- tadas pela IMO, a arqueação bruta é a indicada na rubrica OBSERVAÇÕES do Certificado Internacional de Arqueação dos Navios (1969). (Artigo II. 1c) da Convenção). 2 Armador designa o proprietário do navio ou qualquer entidade ou pessoa, tal como o gestor, agente ou fretador a casco nu, a quem o proprietário tenha con- fiado a responsabilidade da exploração do navio e que, assumindo essa respon- sabilidade, tenha aceite encarregar-se das tarefas e obrigações que incumbem aos armadores nos termos da presente Convenção, independentemente de outras entidades ou pessoas assumirem, em seu nome, a execução de algumas dessas tarefas ou responsabilidades. (Artigo II. 1j) da Convenção).
Texto lido por imagem, página 129: 18 DE SETEMBRO DE 2018 2209
Texto do artigo, página 129: Para os efeitos do parágrafo 7 da Norma A5.1.3 da Convenção, certifica- se que:
Texto do artigo, página 129: a) este navio foi inspeccionado, na medida do razoável e possível, re- lativamente às matérias indicadas no Anexo A5-I da Convenção, tendo em conta a verificação dos elementos especificados a seguir nas alíneas b), c) e d);
Texto do artigo, página 129: b) o armador demonstrou, à autoridade competente ou à organização reconhecida que estão a ser aplicados a bordo do navio procedimen- tos adequados para assegurar a conformidade com as disposições da Convenção;
Texto do artigo, página 129: c) o comandante tem conhecimento das prescrições da Convenção e das obrigações relativas à sua aplicação;
Texto do artigo, página 129: d) as informações exigidas foram apresentadas à autoridade compe- tente ou à organização reconhecida com vista à emissão de uma Declaração de Conformidade do Trabalho Marítimo. O presente Certificado é válido até ................ sem prejuízo de ins- pecções realizadas em conformidade com as disposições das Normas A5.1.3 e A5.1.4 da Convenção. Data da inspecção mencionada nos termos do ponto a) anterior ........................................................................ Emitido em .................... a .................... Assinatura do funcionário devidamente autorizado que emitiu o presen- te Certificado provisório (Selo branco ou carimbo da autoridade emissora, conforme o caso)
Texto lido por imagem, página 130: 2210 I SÉRIE — NÚMERO 183
Número ou marcador, página 130: ANEXO A5-III Elementos gerais sujeitos a um controlo detalhado por um funcionário autorizado do Estado do porto de um Membro que efectue inspecções ao abrigo da Norma A5.2.1: Idade mínima Certificado médico Qualificação dos marítimos Contratos de trabalho marítimo Recurso a serviços de recrutamento e colocação privados, licenciados ou certificados ou regulamentados Duração do trabalho ou do descanso Lotações Alojamento Instalações de lazer a bordo Alimentação e serviço de mesa Saúde e segurança e prevenção dos acidentes Assistência médica a bordo Procedimentos de queixa a bordo Pagamento dos salários
Área de tabela, página 131: 18 DE SETEMBRO DE 2018 2211
Nome do navio Número OMI Arqueação bruta
N/M EXEMPLO 12345 1.000
Número ou marcador, página 131: ANEXO B5-I - EXEMPLO DE DECLARAÇÃO NACIONAL Ver Princípio orientador B5.1.3, parágrafo 5 Convenção do Trabalho Marítimo, 2006 Declaração de Conformidade do Trabalho Marítimo-Parte I (Nota: a presente Declaração deve acompanhar o Certificado de Trabalho Marítimo do navio) Emitida sob a autoridade de: Ministério dos Transportes Marítimos de Xxxxxx O navio com as seguintes características: Nome do navio Número OMI Arqueação bruta N/M EXEMPLO 12345 1.000 é explorado de acordo com a Norma A5.1.3 da Convenção do Trabalho Marítimo, 2006. O abaixo assinado declara, em nome da autoridade competente supramen- cionada, que:
Nome do navio Número OMI Arqueação bruta
N/M EXEMPLO 12345 1.000
Texto do artigo, página 131: a) as disposições da Convenção do Trabalho Marítimo estão totalmente incorporadas nas prescrições nacionais abaixo indicadas;
Nome do navio Número OMI Arqueação bruta
N/M EXEMPLO 12345 1.000
Texto do artigo, página 131: b) estas prescrições nacionais estão contidas nas disposições nacionais abaixo indicadas; serão fornecidas explicações relativas ao conteúdo destas disposições, se necessário;
Nome do navio Número OMI Arqueação bruta
N/M EXEMPLO 12345 1.000
Texto do artigo, página 131: c) os detalhes sobre qualquer disposição equivalente no conjunto, aplicá- vel ao abrigo dos parágrafos 3 e 4 do Artigo VI, , são fornecidos <sob a rubrica correspondente das prescrições nacionais a seguir enume- radas> <na seção a seguir prevista para o efeito> (riscar o que não interessa);
Nome do navio Número OMI Arqueação bruta
N/M EXEMPLO 12345 1.000
Texto do artigo, página 131: d) quaisquer isenções concedidas pela autoridade competente ao abrigo do Título 3 estão claramente indicadas na seção a seguir prevista para o efeito;
Nome do navio Número OMI Arqueação bruta
N/M EXEMPLO 12345 1.000
Texto do artigo, página 131: e) as prescrições relativas a uma categoria específica de navios previstas pela legislação nacional são igualmente mencionadas sob a rubrica cor- respondente.
Nome do navio Número OMI Arqueação bruta
N/M EXEMPLO 12345 1.000
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Texto do artigo, página 133: Declaração de Conformidade do Trabalho Marítimo - Parte II Medidas adoptadas para assegurar a conformi- dade contínua entre duas inspecções As seguintes medidas foram adoptadas pelo armador cujo nome consta do Certificado de Trabalho Marítimo anexo à presente Declaração, para assegurar a conformidade contínua entre as inspecções: (Indique a seguir as medidas adoptadas para assegurar a conformidade com cada um dos elementos enunciados na Parte I)
Texto do artigo, página 133: 1. Idade mínima (Regra 1.1) X A data de nascimento de cada marítimo é mencionada junto ao seu nome no rol da tripulação. O comandante ou um oficial agindo em seu nome ("o oficial compe- tente") verifica o rol no início de cada viagem, e regista a data desta verificação. Cada marítimo menor de 18 anos recebe, no momento da contratação, uma nota que o impede de trabalhar de noite ou de efectuar os traba- lhos considerados perigosos enumerados no anexo (ver Parte I, Secção 1) ou qualquer outro trabalho perigoso. Esta nota recomenda que o ma- rítimo consulte o oficial competente em caso de dúvida na matéria. O oficial competente conserva uma cópia da nota assinada pelo marítimo abaixo da menção "recebida e lida", bem como a data da assinatura.
Texto do artigo, página 133: 2. Certificado médico (Regra 1.2) X O oficial competente mantém os certificados médicos a título estrita- mente confidencial, bem como uma lista, elaborada sob a sua respon- sabilidade, indicando para cada marítimo a bordo: as funções, a data do(s) certificado(s) médico(s) em vigor, bem como o estado de saúde indicado no certificado. Em caso de dúvida quanto à aptidão do marítimo para exercer uma função ou funções específicas, o oficial competente consulta o médico que acompanha o marítimo ou qualquer outro profissional de saúde qualificado e regista um resumo das suas conclusões, bem como o seu nome, número de telefone e a data da consulta.
Texto do artigo, página 134: MARITIME LABOUR CONVENTION, 2006 PREAMBLE 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
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Texto do artigo, página 135: 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 inter- national 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, 2006. GENERAL OBLIGATIONS Article I
Texto do artigo, página 135: 1. 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.
Texto do artigo, página 135: 2. 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
Texto do artigo, página 135: 1. 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 hav- ing the force of law in respect of the subject matter of the provision concerned:
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Texto do artigo, página 136: (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 Inter- national Maritime Organization, the gross tonnage is that which is included in the REMARKS column of the International Tonnage Certificate (1969); (d) maritime labour certificate means the certificate referred to in Regulation 5.1.3; (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; (f) seafarer means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies; (g) seafarers’ employment agreement includes both a contract of employment and articles of agreement; (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; (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; (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 responsibilities on behalf of the shipowner.
Texto do artigo, página 136: 2. Except as expressly provided otherwise, this Convention applies to all seafarers.
Texto do artigo, página 136: 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.
Texto do artigo, página 136: 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.
Texto do artigo, página 136: 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.
Texto do artigo, página 136: 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
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Texto do artigo, página 137: 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.
Texto do artigo, página 137: 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.
Texto do artigo, página 137: 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: (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation. SEAFARERS’ EMPLOYMENT AND SOCIAL RIGHTS Article IV
Texto do artigo, página 137: 1. Every seafarer has the right to a safe and secure workplace that complies with safety standards.
Texto do artigo, página 137: 2. Every seafarer has a right to fair terms of employment.
Texto do artigo, página 137: 3. Every seafarer has a right to decent working and living conditions on board ship.
Texto do artigo, página 137: 4. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection.
Texto do artigo, página 137: 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
Texto do artigo, página 137: 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.
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Texto do artigo, página 138: 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.
Texto do artigo, página 138: 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.
Texto do artigo, página 138: 4. A ship to which this Convention applies may, in accordance with inter- national 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.
Texto do artigo, página 138: 5. Each Member shall effectively exercise its jurisdiction and control over sea- farer recruitment and placement services, if these are established in its territory.
Texto do artigo, página 138: 6. Each Member shall prohibit violations of the requirements of this Con- vention 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.
Texto do artigo, página 138: 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
Texto do artigo, página 138: 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.
Texto do artigo, página 138: 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 cor- responding 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.
Texto do artigo, página 138: 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 provi- sions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A.
Texto do artigo, página 138: 4. For the sole purpose of paragraph 3 of this Article, any law, regulation, col- lective agreement or other implementing measure shall be con- sidered to be sub- stantially equivalent, in the context of this Convention, if the Member satisfies itself that: (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 (b) it gives effect to the provision or provisions of Part A of the Code concerned.
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Texto do artigo, página 139: 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’ organiza- tions may, in cases where representative organizations of shipowners or 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
Texto do artigo, página 139: 1.　The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Texto do artigo, página 139: 2.　This Convention shall be binding only upon those Members of the Inter- national Labour Organization whose ratifications have been registered by the Director- General.
Texto do artigo, página 139: 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 at least 33 per cent.
Texto do artigo, página 139: 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
Texto do artigo, página 139: 1.　A Member which has ratified this Convention may denounce it after the ex- piration 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.
Texto do artigo, página 139: 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)
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Texto do artigo, página 140: 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).
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Texto do artigo, página 141: DEPOSITARY FUNCTIONS Article XI
Texto do artigo, página 141: 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.
Texto do artigo, página 141: 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
Texto do artigo, página 141: 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.
Texto do artigo, página 141: 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.
Texto do artigo, página 141: 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.
Texto do artigo, página 141: 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
Texto do artigo, página 141: 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 Organization 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.
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Texto do artigo, página 142: 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.
Texto do artigo, página 142: 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.
Texto do artigo, página 142: 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.
Texto do artigo, página 142: 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.
Texto do artigo, página 142: 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.
Texto do artigo, página 142: 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.
Texto do artigo, página 142: 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.
Texto do artigo, página 142: 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
Texto do artigo, página 142: 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.
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Texto do artigo, página 143: 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 amend- ment 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.
Texto do artigo, página 143: 3. Having verified that the proposal for amendment meets the requirements of paragraph 2 of this Article, the Director-General shall promptly communicate the pro- posal, accompanied by any comments or suggestions deemed appropriate, to all Mem- bers 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.
Texto do artigo, página 143: 4. At the end of the period referred to in paragraph 3 of this Article, the pro- posal, 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: (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 (b) a majority of at least two-thirds of the Committee members vote in favour of the amendment; and (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.
Texto do artigo, página 143: 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.
Texto do artigo, página 143: 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 dis- agreement. 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.
Texto do artigo, página 143: 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 disagree- ment 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.
Texto do artigo, página 143: 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
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Texto do artigo, página 144: "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: (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 (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.
Texto do artigo, página 144: 9. An amendment which is the subject of a notice referred to in paragraph 8(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.
Texto do artigo, página 144: 10. The period referred to in paragraph 8(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.
Texto do artigo, página 144: 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.
Texto do artigo, página 144: 12. After entry into force of an amendment, the Convention may only be ratified in its amended form.
Texto do artigo, página 144: 13. To the extent that a maritime labour certificate relates to matters covered by an amendment to the Convention which has entered into force: (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: (i) pursuant to paragraph 7 of this Article, has formally expressed disagreement to the amendment and has not withdrawn such disagreement; or (ii) pursuant to paragraph 8(a) of this Article, has given notice that its acceptance is subject to its subsequent express notification and has not accepted the amendment; and (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(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. .
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Texto do artigo, página 145: EXPLANATORY NOTE TO THE REGULATIONS AND CODE OF THE MARITIME LABOUR CONVENTION
Texto do artigo, página 145: 1. This explanatory note, which does not form part of the Maritime Labour Convention, is intended as a general guide to the Convention.
Texto do artigo, página 145: 2. The Convention comprises three different but related parts: the Articles, the Regulations and the Code.
Texto do artigo, página 145: 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 Constitu- tion of the International Labour Organisation (see Article XIV of the Convention).
Texto do artigo, página 145: 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.
Texto do artigo, página 145: 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
Texto do artigo, página 145: 6. Each Title contains groups of provisions relating to a particular right or prin- ciple (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.
Texto do artigo, página 145: 7. The Convention has three underlying purposes: (a) to lay down, in its Articles and Regulations, a firm set of rights and principles; (b) to allow, through the Code, a considerable degree of flexibility in the way Mem- bers implement those rights and principles; and (c) to ensure, through Title 5, that the rights and principles are properly complied with and enforced.
Texto do artigo, página 145: 8. There are two main areas for flexibility in implementation: one is the pos- sibility 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).
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Texto do artigo, página 146: Explanatory note to the Regulations and Code
Texto do artigo, página 146: 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 necess- sarily 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.
Texto do artigo, página 146: 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.
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Texto do artigo, página 147: THE REGULATIONS AND THE CODE TITLE 1. MINIMUM REQUIREMENTS FOR SEAFARERS TO WORK ON A SHIP Regulation 1.1 – Minimum age Purpose: To ensure that no under-age persons work on a ship
Texto do artigo, página 147: 1. No person below the minimum age shall be employed or engaged or work on a ship.
Texto do artigo, página 147: 2. The minimum age at the time of the initial entry into force of this Convention is 16 years.
Texto do artigo, página 147: 3. A higher minimum age shall be required in the circumstances set out in the Code. Standard A1.1 – Minimum age
Texto do artigo, página 147: 1. The employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited.
Texto do artigo, página 147: 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.
Texto do artigo, página 147: 3. An exception to strict compliance with the night work restriction may be made by the competent authority when: (a) the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired; or (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.
Texto do artigo, página 147: 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 B1.1 – Minimum age
Texto do artigo, página 147: 1. When regulating working and living conditions, Members should give special attention to the needs of young persons under the age of 18.
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Texto do artigo, página 148: Maritime Labour Convention, 2006 Regulation 1.2 — Medical certificate Purpose: To ensure that all seafarers are medically fit to perform their duties at sea
Texto do artigo, página 148: 1. Seafarers shall not work on a ship unless they are certified as medically fit to perform their duties.
Texto do artigo, página 148: 2. Exceptions can only be permitted as prescribed in the Code. Standard A1.2 — Medical certificate
Texto do artigo, página 148: 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.
Texto do artigo, página 148: 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.
Texto do artigo, página 148: 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.
Texto do artigo, página 148: 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.
Texto do artigo, página 148: 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.
Texto do artigo, página 148: 6. Each medical certificate shall state in particular that: (a) the hearing and sight of the seafarer concerned, and the colour vision in the case of a seafarer to be employed in capacities where fitness for the work to be performed is liable to be affected by defective colour vision, are all satisfactory; and (b) the seafarer concerned is not suffering from any medical condition likely to be aggravated by service at sea or to render the seafarer unfit for such service or to endanger the health of other persons on board.
Texto do artigo, página 148: 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: (a) a medical certificate shall be valid for a maximum period of two years unless the seafarer is under the age of 18, in which case the maximum period of validity shall be one year; (b) a certification of colour vision shall be valid for a maximum period of six years.
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Texto do artigo, página 149: Minimum requirements for seafarers to work on a ship
Texto do artigo, página 149: 8. In urgent cases the competent authority may permit a seafarer to work with- out a valid medical certificate until the next port of call where the seafarer can obtain a medical certificate from a qualified medical practitioner, provided that: (a) the period of such permission does not exceed three months; and (b) the seafarer concerned is in possession of an expired medical certificate of recent date.
Texto do artigo, página 149: 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.
Texto do artigo, página 149: 10. The medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English. Guideline B1.2 – Medical certificate Guideline B1.2.1 – International guidelines
Texto do artigo, página 149: 1. The competent authority, medical practitioners, examiners, shipowners, sea- farers’ representatives and all other persons concerned with the conduct of medical fit- ness examinations of seafarer candidates and serving seafarers should follow the ILO/ WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization, the International Mari- time Organization or the World Health Organization. Regulation 1.3 – Training and qualifications Purpose: To ensure that seafarers are trained or qualified to carry out their duties on board ship
Texto do artigo, página 149: 1. Seafarers shall not work on a ship unless they are trained or certified as com- petent or otherwise qualified to perform their duties.
Texto do artigo, página 149: 2. Seafarers shall not be permitted to work on a ship unless they have success- fully completed training for personal safety on board ship.
Texto do artigo, página 149: 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.
Texto do artigo, página 149: 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 provi- sions covering its subject matter have been adopted by the International Maritime Organization and entered into force, or until five years have elapsed since the entry into force of this Convention in accordance with paragraph 3 of Article VIII, which- ever date is earlier.
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Texto do artigo, página 150: Maritime Labour Convention, 2006 Regulation 1.4 – Recruitment and placement Purpose: To ensure that seafarers have access to an efficient and well-regulated seafarer recruitment and placement system
Texto do artigo, página 150: 1. All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer.
Texto do artigo, página 150: 2. Seafarer recruitment and placement services operating in a Member’s territory shall conform to the standards set out in the Code.
Texto do artigo, página 150: 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 A1.4 – Recruitment and placement
Texto do artigo, página 150: 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.
Texto do artigo, página 150: 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.
Texto do artigo, página 150: 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: (a) the recruitment and placement service is operated pursuant to a collective bargaining agreement between that organization and a shipowner; (b) both the seafarers’ organization and the shipowner are based in the territory of the Member; (c) the Member has national laws or regulations or a procedure to authorize or register the collective bargaining agreement permitting the operation of the recruitment and placement service; and (d) the recruitment and placement service is operated in an orderly manner and measures are in place to protect and promote seafarers’ employment rights comparable to those provided in paragraph 5 of this Standard.
Texto do artigo, página 150: 4. Nothing in this Standard or Regulation 1.4 shall be deemed to:
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Texto do artigo, página 151: (a) prevent a Member from maintaining a free public seafarer recruitment and placement service for seafarers in the framework of a policy to meet the needs of seafarers and shipowners, whether the service forms part of or is coordinated with a public employment service for all workers and employers; or (b) impose on a Member the obligation to establish a system for the operation of pri- vate seafarer recruitment or placement services in its territory.
Texto do artigo, página 151: 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: (a) prohibit seafarer recruitment and placement services from using means, mech- anisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified; (b) require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner; and (c) ensure that seafarer recruitment and placement services operating in its territory: (i) maintain an up-to-date register of all seafarers recruited or placed through them. to be available for inspection by the competent authority; (ii) make sure that seafarers are informed of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers to examine their employment agreements before and after they are signed and for them to receive a copy of the agreements; (iii) verify that seafarers recruited or placed by them are qualified and hold the documents necessary for the job concerned, and that the seafarers’ employ- ment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement; (iv) make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port; (v) examine and respond to any complaint concerning their activities and ad- vise the competent authority of any unresolved complaint; (vi) establish a system of protection, by way of insurance or an equivalent ap- propriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.
Texto do artigo, página 151: 6. The competent authority shall closely supervise and control all seafarer re- cruitment and placement services operating in the territory of the Member concerned. Any licences or certificates or similar authorizations for the operation of private ser- vices in the territory are granted or renewed only after verification that the seafarer re- cruitment and placement service concerned meets the requirements of national laws and regulations.
Texto do artigo, página 151: 7. The competent authority shall ensure that adequate machinery and proce- dures exist for the investigation, if necessary, of complaints concerning the activities of
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Texto do artigo, página 152: Maritime Labour Convention, 2006 seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers.
Texto do artigo, página 152: 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.
Texto do artigo, página 152: 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.
Texto do artigo, página 152: 10. Nothing in this Standard shall be understood as diminishing the obligations and responsibilities of shipowners or of a Member with respect to ships that fly its flag. Guideline B1.4 – Recruitment and placement Guideline B1.4.1 – Organizational and operational guidelines
Texto do artigo, página 152: 1. When fulfilling its obligations under Standard A1.4, paragraph 1, the competent authority should consider: (a) taking the necessary measures to promote effective cooperation among seafarer recruitment and placement services, whether public or private; (b) the needs of the maritime industry at both the national and international levels, when developing training programmes for seafarers that form the part of the ship’s crew that is responsible for the ship’s safe navigation and pollution prevention operations, with the participation of shipowners, seafarers and the relevant training institutions; (c) making suitable arrangements for the cooperation of representative shipowners’ and seafarers’ organizations in the organization and operation of the public seafarer recruitment and placement services, where they exist; (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; (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; (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;
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Texto do artigo, página 153: (g) prescribing operational standards and adopting codes of conduct and ethical practices for seafarer recruitment and placement services; and (h) exercising supervision of the licensing or certification system on the basis of a sys- tem of quality standards.
Texto do artigo, página 153: 2. In establishing the system referred to in Standard A1.4, paragraph 2, each Member should consider requiring seafarer recruitment and placement services, estab- lished in its territory, to develop and maintain verifiable operational practices. These operational practices for private seafarer recruitment and placement services and, to the extent that they are applicable, for public seafarer recruitment and placement ser- vices should address the following matters: (a) medical examinations, seafarers’ identity documents and such other items as may be required for the seafarer to gain employment; (b) maintaining, with due regard to the right to privacy and the need to protect con- fidentiality, full and complete records of the seafarers covered by their recruit- ment and placement system, which should include but not be limited to: (i) the seafarers’ qualifications; (ii) record of employment; (iii) personal data relevant to employment; and (iv) medical data relevant to employment; (c) maintaining up-to-date lists of the ships for which the seafarer recruitment and placement services provide seafarers and ensuring that there is a means by which the services can be contacted in an emergency at all hours; (d) procedures to ensure that seafarers are not subject to exploitation by the seafarer recruitment and placement services or their personnel with regard to the offer of engagement on particular ships or by particular companies; (e) procedures to prevent the opportunities for exploitation of seafarers arising from the issue of joining advances or any other financial transaction between the ship- owner and the seafarers which are handled by the seafarer recruitment and place- ment services; (f) clearly publicizing costs, if any, which the seafarer will be expected to bear in the recruitment process; (g) ensuring that seafarers are advised of any particular conditions applicable to the job for which they are to be engaged and of the particular shipowner’s policies relating to their employment; (h) procedures which are in accordance with the principles of natural justice for deal- ing with cases of incompetence or indiscipline consistent with national laws and practice and, where applicable, with collective agreements; (i) procedures to ensure, as far as practicable, that all mandatory certificates and documents submitted for employment are up to date and have not been fraudu- lently obtained and that employment references are verified; (j) procedures to ensure that requests for information or advice by families of sea- farers while the seafarers are at sea are dealt with promptly and sympathetically and at no cost; and (k) verifying that labour conditions on ships where seafarers are placed are in con- formity with applicable collective bargaining agreements concluded between a shipowner and a representative seafarers’ organization and, as a matter of policy,
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Texto do artigo, página 154: Maritime Labour Convention, 2006 supplying seafarers only to shipowners that offer terms and conditions of em- ployment to seafarers which comply with applicable laws or regulations or collec- tive agreements.
Texto do artigo, página 154: 3. Consideration should be given to encouraging international cooperation between Members and relevant organizations, such as: (a) the systematic exchange of information on the maritime industry and labour mar- ket on a bilateral, regional and multilateral basis; (b) the exchange of information on maritime labour legislation; (c) the harmonization of policies, working methods and legislation governing re- cruitment and placement of seafarers; (d) the improvement of procedures and conditions for the international recruitment and placement of seafarers; and (e) workforce planning, taking account of the supply of and demand for seafarers and the requirements of the maritime industry.
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Texto do artigo, página 155: TITLE 2. CONDITIONS OF EMPLOYMENT Regulation 2.1 – Seafarers’ employment agreements Purpose: To ensure that seafarers have a fair employment agreement
Texto do artigo, página 155: 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.
Texto do artigo, página 155: 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.
Texto do artigo, página 155: 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 A2.1 – Seafarers’ employment agreements
Texto do artigo, página 155: 1. Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements: (a) seafarers working on ships that fly its flag shall have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner (or, where they are not employees, evidence of contractual or similar arrangements) providing them with decent working and living conditions on board the ship as required by this Convention; (b) seafarers signing a seafarers’ employment agreement shall be given an 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; (c) the shipowner and seafarer concerned shall each have a signed original of the seafarers’ employment agreement; (d) measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited; and (e) seafarers shall be given a document containing a record of their employment on board the ship.
Texto do artigo, página 155: 2. Where a collective bargaining agreement forms all or part of a seafarers’ em- ployment agreement, a copy of that agreement shall be available on board. Where the language of the seafarers’ employment agreement and any applicable collective bargain- ing agreement is not in English, the following shall also be available in English (except for ships engaged only in domestic voyages):
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Texto do artigo, página 156: Maritime Labour Convention, 2006 (a) a copy of a standard form of the agreement; and (b) the portions of the collective bargaining agreement that are subject to a port State inspection under Regulation 5.2.
Texto do artigo, página 156: 3. The document referred to in paragraph 1(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.
Texto do artigo, página 156: 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: (a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s name and address; (c) the place where and date when the seafarers’ employment agreement is entered into; (d) the capacity in which the seafarer is to be employed; (e) the amount of the seafarer’s wages or, where applicable, the formula used for calculating them; (f) the amount of paid annual leave or, where applicable, the formula used for calculating it; (g) the termination of the agreement and the conditions thereof, including: (i) if the agreement has been made for an indefinite period, the conditions 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; (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; (h) the health and social security protection benefits to be provided to the seafarer by the shipowner; (i) the seafarer’s entitlement to repatriation; (j) reference to the collective bargaining agreement, if applicable; and (k) any other particulars which national law may require.
Texto do artigo, página 156: 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.
Texto do artigo, página 156: 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.
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Texto do artigo, página 157: Conditions of employment Guideline B2.1 – Seafarers’ employment agreements Guideline B2.1.1 – Record of employment
Texto do artigo, página 157: 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(e) of that Standard. Regulation 2.2 – Wages Purpose: To ensure that seafarers are paid for their services
Texto do artigo, página 157: 1. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements. Standard A2.2 – Wages
Texto do artigo, página 157: 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.
Texto do artigo, página 157: 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.
Texto do artigo, página 157: 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.
Texto do artigo, página 157: 4. Measures to ensure that seafarers are able to transmit their earnings to their families include: (a) a system for enabling seafarers, at the time of their entering employment or 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 (b) a requirement that allotments should be remitted in due time and directly to the person or persons nominated by the seafarers.
Texto do artigo, página 157: 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.
Texto do artigo, página 157: 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 B2.2 – Wages Guideline B2.2.1 – Specific definitions
Texto do artigo, página 157: 1. For the purpose of this Guideline, the term:
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Texto do artigo, página 158: Maritime Labour Convention, 2006 (a) able seafarer means any seafarer who is deemed competent to perform any duty which may be required of a rating serving in the deck department, other than the duties of a supervisory or specialist rating, or who is defined as such by national laws, regulations or practice, or by collective agreement; (b) basic pay or wages means the pay, however composed, for normal hours of work; it does not include payments for overtime worked, bonuses, allowances, paid leave or any other additional remuneration; (c) consolidated wage means a wage or salary which includes the basic pay and other pay-related benefits; a consolidated wage may include compensation for all over- time hours which are worked and all other pay-related benefits, or it may include only certain benefits in a partial consolidation; (d) hours of work means time during which seafarers are required to do work on ac- count of the ship; (e) overtime means time worked in excess of the normal hours of work. Guideline B2.2.2 – Calculation and payment
Texto do artigo, página 158: 1. For seafarers whose remuneration includes separate compensation for over- time worked: (a) for the purpose of calculating wages, the normal hours of work at sea and in port should not exceed eight hours per day; (b) for the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages should be prescribed by national laws or regu- lations, if not determined by collective agreements, but should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable treatment; (c) the rate or rates of compensation for overtime, which should be not less than one and one- quarter times the basic pay or wages per hour, should be prescribed by national laws or regulations or by collective agreements, if applicable; and (d) records of all overtime worked should be maintained by the master, or a person assigned by the master, and endorsed by the seafarer at no greater than monthly intervals.
Texto do artigo, página 158: 2. For seafarers whose wages are fully or partially consolidated: (a) the seafarers’ employment agreement should specify clearly, where appropriate, the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the con- solidated wage, and in which circumstances; (b) where hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate should be not less than one and one- quarter times the basic rate corresponding to the normal hours of work as de- fined in paragraph 1 of this Guideline; the same principle should be applied to the overtime hours included in the consolidated wage; (c) remuneration for that portion of the fully or partially consolidated wage repre- senting the normal hours of work as defined in paragraph 1(a) of this Guideline should be no less than the applicable minimum wage; and (d) for seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided for in paragraph 1(d) of this Guideline.
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Texto do artigo, página 159: Conditions of employment
Texto do artigo, página 159: 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.
Texto do artigo, página 159: 4. National laws or regulations adopted after consulting the representative shipowners’ and seafarers’ organizations or, as appropriate, collective agreements should take into account the following principles: (a) equal remuneration for work of equal value should apply to all seafarers employed on the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin; (b) the seafarers’ employment agreement specifying the applicable wages or wage rates should be carried on board the ship; information on the amount of wages or wage rates should be made available to each seafarer, either by providing at least one signed copy of the relevant information to the seafarer in a language which the seafarer understands, or by posting a copy of the agreement in a place accessible to seafarers or by some other appropriate means; (c) wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank cheque, postal cheque or money order; (d) on termination of engagement all remuneration due should be paid without undue delay; (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; (f) wages should be paid directly to seafarers’ designated bank accounts unless they request otherwise in writing; (g) subject to subparagraph (h) of this paragraph, the shipowner should impose no limit on seafarers’ freedom to dispose of their remuneration; (h) deduction from remuneration should be permitted only if: (i) there is an express provision in national laws or regulations or in an 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 (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; (i) no deductions should be made from a seafarer’s remuneration in respect of obtaining or retaining employment; (j) monetary fines against seafarers other than those authorized by national laws or regulations, collective agreements or other measures should be prohibited; (k) the competent authority should have the power to inspect stores and services provided on board ship to ensure that fair and reasonable prices are applied for the benefit of the seafarers concerned; and
Texto do artigo, página 159: 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).
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Texto do artigo, página 160: Maritime Labour Convention, 2006
Texto do artigo, página 160: 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
Texto do artigo, página 160: 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.
Texto do artigo, página 160: 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: (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 (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.
Texto do artigo, página 160: 3. The competent authority should ensure: (a) by means of a system of supervision and sanctions, that wages are paid at not less than the rate or rates fixed; and (b) that any seafarers who have been paid at a rate lower than the minimum wage are enabled to recover, by an inexpensive and expeditious judicial or other procedure, the amount by which they have been underpaid. Guideline B2.2.4 – Minimum monthly basic pay or wage figure for able seafarers
Texto do artigo, página 160: 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.
Texto do artigo, página 160: 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 2.3 – Hours of work and hours of rest Purpose: To ensure that seafarers have regulated hours of work or hours of rest
Texto do artigo, página 160: 1. Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated.
Texto do artigo, página 160: 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 A2.3 – Hours of work and hours of rest
Texto do artigo, página 160: 1. For the purpose of this Standard, the term:
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Texto do artigo, página 161: Conditions of employment (a) hours of work means time during which seafarers are required to do work on account of the ship; (b) hours of rest means time outside hours of work; this term does not include short breaks.
Texto do artigo, página 161: 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.
Texto do artigo, página 161: 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.
Texto do artigo, página 161: 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.
Texto do artigo, página 161: 5. The limits on hours of work or rest shall be as follows: (a) maximum hours of work shall not exceed: (i) 14 hours in any 24-hour period; and (ii) 72 hours in any seven-day period; or (b) minimum hours of rest shall not be less than: (i) ten hours in any 24-hour period; and (ii) 77 hours in any seven-day period.
Texto do artigo, página 161: 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.
Texto do artigo, página 161: 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.
Texto do artigo, página 161: 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.
Texto do artigo, página 161: 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.
Texto do artigo, página 161: 10. Each Member shall require the posting, in an easily accessible place. of a table with the shipboard working arrangements, which shall contain for every position at least: (a) the schedule of service at sea and service in port; and (b) the maximum hours of work or the minimum hours of rest required by national laws or regulations or applicable collective agreements.
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Texto do artigo, página 163: Conditions of employment
Texto do artigo, página 163: 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 2.4 – Entitlement to leave Purpose: To ensure that seafarers have adequate leave
Texto do artigo, página 163: 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.
Texto do artigo, página 163: 2. Seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. Standard A2.4 – Entitlement to leave
Texto do artigo, página 163: 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.
Texto do artigo, página 163: 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.
Texto do artigo, página 163: 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 B2.4 – Entitlement to leave Guideline B2.4.1 – Calculation of entitlement
Texto do artigo, página 163: 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.
Texto do artigo, página 163: 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.
Texto do artigo, página 163: 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.
Texto do artigo, página 163: 4. The following should not be counted as part of annual leave with pay:
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Texto do artigo, página 164: Maritime Labour Convention, 2006 (a) public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay; (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; (c) temporary shore leave granted to a seafarer while under an employment agree- ment; and (d) compensatory leave of any kind, under conditions as determined by the compe- tent authority or through the appropriate machinery in each country. Guideline B2.4.2 – Taking of annual leave
Texto do artigo, página 164: 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 pos- sible, in agreement with the seafarers concerned or their representatives.
Texto do artigo, página 164: 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 with- out their consent to take annual leave due to them in another place except under the pro- visions of a seafarers’ employment agreement or of national laws or regulations.
Texto do artigo, página 164: 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 trans- portation 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.
Texto do artigo, página 164: 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
Texto do artigo, página 164: 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.
Texto do artigo, página 164: 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
Texto do artigo, página 164: 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 col- lective 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 re- patriation at no expense to themselves to the place of original engagement in their coun- try of residence for the purpose of taking any leave earned during the voyage.
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Texto do artigo, página 165: Conditions of employment Regulation 2.5 – Repatriation Purpose: To ensure that seafarers are able to return home
Texto do artigo, página 165: 1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code.
Texto do artigo, página 165: 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 A2.5 – Repatriation
Texto do artigo, página 165: 1. Each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: (a) if the seafarers’ employment agreement expires while they are abroad; (b) when the seafarers’ employment agreement is terminated: (i) by the shipowner; or (ii) by the seafarer for justified reasons; and also (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.
Texto do artigo, página 165: 2. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: (a) the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; (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 (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.
Texto do artigo, página 165: 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.
Texto do artigo, página 165: 4. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation under third-party contractual arrangements.
Texto do artigo, página 165: 5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated: (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; (b) costs incurred in repatriating seafarers shall be recoverable from the shipowner by the Member whose flag the ship flies; (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.
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Texto do artigo, página 166: Maritime Labour Convention, 2006
Texto do artigo, página 166: 6. Taking into account applicable international instruments, including the Inter- national Convention on Arrest of Ships, 1999, a Member which has paid the cost of re- patriation 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.
Texto do artigo, página 166: 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.
Texto do artigo, página 166: 8. In particular, a Member shall not refuse the right of repatriation to any sea- farer because of the financial circumstances of a shipowner or because of the ship- owner's inability or unwillingness to replace a seafarer.
Texto do artigo, página 166: 9. Each Member shall require that ships that fly its flag carry and make avail- able to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language. Guideline B2.5 – Repatriation Guideline B2.5.1 – Entitlement
Texto do artigo, página 166: 1. Seafarers should be entitled to repatriation: (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’ employ- ment agreement; (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c): (i) in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel; (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 in- solvency, sale of ship, change of ship’s registration or any other similar reason; (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 sea- farer does not consent to go; and (v) in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employ- ment for any other similar reason.
Texto do artigo, página 166: 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.
Texto do artigo, página 166: 3. The costs to be borne by the shipowner for repatriation under Standard A2.5 should include at least the following: (a) passage to the destination selected for repatriation in accordance with para- graph 6 of this Guideline;
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Texto do artigo, página 167: Conditions of employment (b) accommodation and food from the moment the seafarers leave the ship until they reach the repatriation destination; (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; (d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation destination; and (e) medical treatment when necessary until the seafarers are medically fit to travel to the repatriation destination.
Texto do artigo, página 167: 4. Time spent awaiting repatriation and repatriation travel time should not be deducted from paid leave accrued to the seafarers.
Texto do artigo, página 167: 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.
Texto do artigo, página 167: 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: (a) the place at which the seafarer agreed to enter into the engagement; (b) the place stipulated by collective agreement; (c) the seafarer’s country of residence; or (d) such other place as may be mutually agreed at the time of engagement.
Texto do artigo, página 167: 7. Seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated.
Texto do artigo, página 167: 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
Texto do artigo, página 167: 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.
Texto do artigo, página 167: 2. Each Member should have regard to whether proper provision is made: (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: (i) to the port at which the seafarer concerned was engaged; or (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;
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Texto do artigo, página 168: Maritime Labour Convention, 2006 (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 wil- ful misconduct.
Texto do artigo, página 168: 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 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
Texto do artigo, página 168: 1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering. Standard A2.6 – Seafarer compensation for the ship’s loss or foundering
Texto do artigo, página 168: 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.
Texto do artigo, página 168: 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 con- cerned for losses or injuries arising from a ship’s loss or foundering. Guideline B2.6 – Seafarer compensation for the ship’s loss or foundering Guideline B2.6.1 – Calculation of indemnity against unemployment
Texto do artigo, página 168: 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.
Texto do artigo, página 168: 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 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
Texto do artigo, página 168: 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, effi-
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Texto do artigo, página 169: Conditions of employment ciently and with due regard to security under all conditions, taking into account con- cerns about seafarer fatigue and the particular nature and conditions of the voyage. Standard A2.7 – Manning levels
Texto do artigo, página 169: 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.
Texto do artigo, página 169: 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 Organiza- tion, on manning levels.
Texto do artigo, página 169: 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 B2.7 – Manning levels Guideline B2.7.1 – Dispute settlement
Texto do artigo, página 169: 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.
Texto do artigo, página 169: 2. Representatives of shipowners’ and seafarers’ organizations should participate, with or without other persons or authorities, in the operation of such machinery. Regulation 2.8 – Career and skill development and opportunities for seafarers’ employment Purpose: To promote career and skill development and employment opportunities for seafarers
Texto do artigo, página 169: 1. Each Member shall have national policies to promote employment in the maritime sector and to encourage career and skill development and greater employ- ment opportunities for seafarers domiciled in its territory. Standard A2.8 – Career and skill development and employment opportunities for seafarers
Texto do artigo, página 169: 1. Each Member shall have national policies that encourage career and skill de- velopment and employment opportunities for seafarers, in order to provide the mari- time sector with a stable and competent workforce.
Texto do artigo, página 169: 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.
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Texto do artigo, página 170: Maritime Labour Convention, 2006
Texto do artigo, página 170: 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 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
Texto do artigo, página 170: 1. Measures to achieve the objectives set out in Standard A2.8 might include: (a) agreements providing for career development and skills training with a ship- owner or an organization of shipowners; or (b) arrangements for promoting employment through the establishment and mainten- ance of registers or lists, by categories, of qualified seafarers; or (c) promotion of opportunities, both on board and ashore, for further training and education of seafarers to provide for skill development and portable competen- cies 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
Texto do artigo, página 170: 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.
Texto do artigo, página 170: 2. Seafarers on such a register or list should have priority of engagement for seafaring.
Texto do artigo, página 170: 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.
Texto do artigo, página 170: 4. To the extent that national laws or regulations permit, the number of sea- farers on such registers or lists should be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry.
Texto do artigo, página 170: 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 situa- tion of the country concerned.
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Texto do artigo, página 171: TITLE 3. ACCOMMODATION, RECREATIONAL FACILITIES, FOOD AND CATERING Regulation 3.1 – Accommodation and recreational facilities Purpose: To ensure that seafarers have decent accommodation and recreational facilities on board
Texto do artigo, página 171: 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.
Texto do artigo, página 171: 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 construction.
Texto do artigo, página 171: 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 A3.1 – Accommodation and recreational facilities
Texto do artigo, página 171: 1. Each Member shall adopt laws and regulations requiring that ships that fly its flag: (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 (b) are inspected to ensure initial and ongoing compliance with those standards.
Texto do artigo, página 171: 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: (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 (b) give due consideration to the guidance contained in Part B of this Code.
Texto do artigo, página 171: 3. The inspections required under Regulation 5.1.4 shall be carried out when: (a) a ship is registered or re-registered; or (b) the seafarer accommodation on a ship has been substantially altered.
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Texto do artigo, página 172: Maritime Labour Convention, 2006
Texto do artigo, página 172: 4. The competent authority shall pay particular attention to ensuring imple- mentation of the requirements of this Convention relating to: (a) the size of rooms and other accommodation spaces; (b) heating and ventilation; (c) noise and vibration and other ambient factors; (d) sanitary facilities; (e) lighting; and (f) hospital accommodation.
Texto do artigo, página 172: 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 facil- ities that are set out in paragraphs 6 to 17 of this Standard.
Texto do artigo, página 172: 6. With respect to general requirements for accommoda- tion: (a) there shall be adequate headroom in all seafarer accommodation; the minimum permitted headroom in all seafarer accommodation where full and free move- ment 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: (i) is reasonable; and (ii) will not result in discomfort to the seafarers; (b) the accommodation shall be adequately insulated; (c) in ships other than passenger ships, as defined in Regulation 2(e) and (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 bulk- head; (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 (herein- after 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; (e) there shall be no direct openings into sleeping rooms from cargo and machi- nery 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; (f) the materials used to construct internal bulkheads, panelling and sheeting, floors and joinings shall be suitable for the purpose and conduc- tive to ensuring a healthy environment; (g) proper lighting and sufficient drainage shall be provided; and (h) accommodation and recreational and catering facilities shall meet the require- ments 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
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Texto do artigo, página 173: Accommodation, recreational facilities, food and catering and chemicals on board ships, and to provide an acceptable occupational and on- board living environment for seafarers.
Texto do artigo, página 173: 7. With respect to requirements for ventilation and heating: (a) sleeping rooms and mess rooms shall be adequately ventilated; (b) ships, except those regularly engaged in trade where temperate climatic con- ditions 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; (c) all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation; and (d) adequate heat through an appropriate heating system shall be provided, except in ships exclusively on voyages in tropical climates.
Texto do artigo, página 173: 8. With respect to requirements for lighting, subject to such special arrange- ments as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lit by natural light and provided with adequate artificial light .
Texto do artigo, página 173: 9. When sleeping accommodation on board ships is required, the following re- quirements for sleeping rooms apply: (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 compe- tent authority after consultation with the shipowners’ and seafarers’ organiza- tions concerned; (b) separate sleeping rooms shall be provided for men and for women; (c) sleeping rooms shall be of adequate size and properly equipped so as to ensure reasonable comfort and to facilitate tidiness; (d) a separate berth for each seafarer shall in all circumstances be provided; (e) the minimum inside dimensions of a berth shall be at least 198 centimetres by 80 centimetres; (f) in single berth seafarers’ sleeping rooms the floor area shall not be less than: (i) 4.5 square metres in ships of less than 3,000 gross tonnage; (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; (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; (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; (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: (i) 7.5 square metres in rooms accommodating two persons; (ii) 11.5 square metres in rooms accommodating three persons; (iii) 14.5 square metres in rooms accommodating four persons;
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Texto do artigo, página 174: Maritime Labour Convention, 2006 (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; (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: (i) 7.5 square metres in ships of less than 3,000 gross tonnage; (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; (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; (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; (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; (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.
Texto do artigo, página 174: 10. With respect to requirements for mess rooms: (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 (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.
Texto do artigo, página 174: 11. With respect to requirements for sanitary facilities: (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; (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;
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Texto do artigo, página 175: Accommodation, recreational facilities, food and catering (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 pro- vided at a convenient location; (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 wash- basin is situated in the private bathroom provided; (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 (f) hot and cold running fresh water shall be available in all wash places.
Texto do artigo, página 175: 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 pro- vide 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.
Texto do artigo, página 175: 13. Appropriately situated and furnished laundry facilities shall be available.
Texto do artigo, página 175: 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.
Texto do artigo, página 175: 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.
Texto do artigo, página 175: 16. Ships regularly trading to mosquito-infested ports shall be fitted with appro- priate devices as required by the competent authority.
Texto do artigo, página 175: 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.
Texto do artigo, página 175: 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 ac- commodation 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.
Texto do artigo, página 175: 19. In the case of ships where there is need to take account, without discrimin- ation, 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 favour- able than those which would result from the application of this Standard.
Texto do artigo, página 175: 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:
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Texto do artigo, página 176: Maritime Labour Convention, 2006 (a) paragraphs 7(b), 11(d) and 13; and (b) paragraph 9(f) and (h) to (l) inclusive, with respect to floor area only.
Texto do artigo, página 176: 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 B3.1 — Accommodation and recreational facilities Guideline B3.1.1 — Design and construction
Texto do artigo, página 176: 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.
Texto do artigo, página 176: 2. Sleeping rooms, mess rooms, recreation rooms and alleyways in the accommodation space should be adequately insulated to prevent condensation or overheating.
Texto do artigo, página 176: 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.
Texto do artigo, página 176: 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, non- toxic finish.
Texto do artigo, página 176: 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.
Texto do artigo, página 176: 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
Texto do artigo, página 176: 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.
Texto do artigo, página 176: 2. Air-conditioning systems, whether of a centralized or individual unit type, should be designed to: (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 (b) facilitate easy cleaning and disinfection to prevent or control the spread of disease.
Texto do artigo, página 176: 3. Power for the operation of the air conditioning and other aids to ventilation required by the preceeding paragraphs of this Guideline should be available at all times
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Texto do artigo, página 177: Accommodation, recreational facilities, food and catering 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
Texto do artigo, página 177: 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.
Texto do artigo, página 177: 2. In all ships in which a heating system is required, the heating should be by means of hot water, warm air, electricity, steam or equivalent. However, within the ac- commodation area, steam should not be used as a medium for heat transmission. The heating system should be capable of maintaining the temperature in seafarer accom- modation at a satisfactory level under normal conditions of weather and climate likely to be met within the trade in which the ship is engaged. The competent authority should prescribe the standard to be provided.
Texto do artigo, página 177: 3. Radiators and other heating apparatus should be placed and, where neces- sary, shielded so as to avoid risk of fire or danger or discomfort to the occupants. Guideline B3.1.4 – Lighting
Texto do artigo, página 177: 1. In all ships, electric light should be provided in the seafarer accommodation. If there are not two independent sources of electricity for lighting, additional lighting should be provided by properly constructed lamps or lighting apparatus for emergency use.
Texto do artigo, página 177: 2. In sleeping rooms an electric reading lamp should be installed at the head of each berth.
Texto do artigo, página 177: 3. Suitable standards of natural and artificial lighting should be fixed by the competent authority. Guideline B3.1.5 – Sleeping rooms
Texto do artigo, página 177: 1. There should be adequate berth arrangements on board, making it as com- fortable as possible for the seafarer and any partner who may accompany the seafarer.
Texto do artigo, página 177: 2. Where the size of the ship, the activity in which it is to be engaged and its lay- out make it reasonable and practicable, sleeping rooms should be planned and equipped with a private bathroom, including a toilet, so as to provide reasonable com- fort for the occupants and to facilitate tidiness.
Texto do artigo, página 177: 3. As far as practicable, sleeping rooms of seafarers should be so arranged that watches are separated and that no seafarers working during the day share a room with watchkeepers.
Texto do artigo, página 177: 4. In the case of seafarers performing the duty of petty officers there should be no more than two persons per sleeping room.
Texto do artigo, página 177: 5. Consideration should be given to extending the facility referred to in Stand- ard A3.1, paragraph 9(m), to the second engineer officer when practicable.
Texto do artigo, página 177: 6. Space occupied by berths and lockers, chests of drawers and seats should be included in the measurement of the floor area. Small or irregularly shaped spaces which do not add effectively to the space available for free movement and cannot be used for installing furniture should be excluded.
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Texto do artigo, página 178: Maritime Labour Convention, 2006
Texto do artigo, página 178: 7. Berths should not be arranged in tiers of more than two; in the case of berths placed along the ship’s side, there should be only a single tier where a sidelight is situ- ated above a berth.
Texto do artigo, página 178: 8. The lower berth in a double tier should be not less than 30 centimetres above the floor; the upper berth should be placed approximately midway between the bottom of the lower berth and the lower side of the deckhead beams.
Texto do artigo, página 178: 9. The framework and the lee-board, if any, of a berth should be of approved material, hard, smooth, and not likely to corrode or to harbour vermin.
Texto do artigo, página 178: 10. If tubular frames are used for the construction of berths, they should be completely sealed and without perforations which would give access to vermin.
Texto do artigo, página 178: 11. Each berth should be fitted with a comfortable mattress with cushioning bottom or a combined cushioning mattress, including a spring bottom or a spring mat- tress. The mattress and cushioning material used should be made of approved material. Stuffing of material likely to harbour vermin should not be used.
Texto do artigo, página 178: 12. When one berth is placed over another, a dust-proof bottom should be fit- ted beneath the bottom mattress or spring bottom of the upper berth.
Texto do artigo, página 178: 13. The furniture should be of smooth, hard material not liable to warp or corrode.
Texto do artigo, página 178: 14. Sleeping rooms should be fitted with curtains or equivalent for the side- lights.
Texto do artigo, página 178: 15. Sleeping rooms should be fitted with a mirror, small cabinets for toilet requisites, a book rack and a sufficient number of coat hooks. Guideline B3.1.6 – Mess rooms
Texto do artigo, página 178: 1. Mess room facilities may be either common or separate. The decision in this respect should be taken after consultation with seafarers’ and shipowners’ represent- atives and subject to the approval of the competent authority. Account should be taken of factors such as the size of the ship and the distinctive cultural, religious and social needs of the seafarers.
Texto do artigo, página 178: 2. Where separate mess room facilities are to be provided to seafarers, then sep- arate mess rooms should be provided for: (a) master and officers; and (b) petty officers and other seafarers.
Texto do artigo, página 178: 3. On ships other than passenger ships, the floor area of mess rooms for sea- farers should be not less than 1.5 square metres per person of the planned seating capacity.
Texto do artigo, página 178: 4. In all ships, mess rooms should be equipped with tables and appropriate seats, fixed or movable, sufficient to accommodate the greatest number of seafarers likely to use them at any one time.
Texto do artigo, página 178: 5. There should be available at all times when seafarers are on board: (a) a refrigerator, which should be conveniently situated and of sufficient capacity for the number of persons using the mess room or mess rooms;
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Texto do artigo, página 179: Accommodation, recreational facilities, food and catering (b) facilities for hot beverages; and (c) cool water facilities.
Texto do artigo, página 179: 6. Where available pantries are not accessible to mess rooms, adequate lockers for mess utensils and proper facilities for washing utensils should be provided.
Texto do artigo, página 179: 7. The tops of tables and seats should be of damp-resistant material. Guideline B3.1.7 – Sanitary accommodation
Texto do artigo, página 179: 1. Washbasins and tub baths should be of adequate size and constructed of approved material with a smooth surface not liable to crack, flake or corrode.
Texto do artigo, página 179: 2. All toilets should be of an approved pattern and provided with an ample flush of water or with some other suitable flushing means, such as air, which are available at all times and independently controllable.
Texto do artigo, página 179: 3. Sanitary accommodation intended for the use of more than one person should comply with the following: (a) floors should be of approved material, impervious to damp, and should be properly drained; (b) bulkheads should be of steel or other approved material and should be watertight up to at least 23 centimetres above the level of the deck; (c) the accommodation should be sufficiently lit, heated and ventilated; (d) toilets should be situated convenient to, but separate from, sleeping rooms and wash rooms, without direct access from the sleeping rooms or from a passage between sleeping rooms and toilets to which there is no other access; this requirement does not apply where a toilet is located in a compartment between two sleeping rooms having a total of not more than four seafarers; and (e) where there is more than one toilet in a compartment, they should be sufficiently screened to ensure privacy.
Texto do artigo, página 179: 4. The laundry facilities provided for seafarers’ use should include: (a) washing machines; (b) drying machines or adequately heated and ventilated drying rooms; and (c) irons and ironing boards or their equivalent. Guideline B3.1.8 – Hospital accommodation
Texto do artigo, página 179: 1. The hospital accommodation should be designed so as to facilitate consultation and the giving of medical first aid and to help prevent the spread of infectious diseases.
Texto do artigo, página 179: 2. The arrangement of the entrance, berths, lighting, ventilation, heating and water supply should be designed to ensure the comfort and facilitate the treatment of the occupants.
Texto do artigo, página 179: 3. The number of hospital berths required should be prescribed by the competent authority.
Texto do artigo, página 179: 4. Sanitary accommodation should be provided for the exclusive use of the occupants of the hospital accommodation, either as part of the accommodation or in close proximity thereto. Such sanitary accommodation should comprise a minimum of one toilet, one washbasin and one tub or shower.
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Texto do artigo, página 180: Maritime Labour Convention, 2006 Guideline B3.1.9 – Other facilities
Texto do artigo, página 180: 1. Where separate facilities for engine department personnel to change their clothes are provided, they should be: (a) located outside the machinery space but with easy access to it; and (b) fitted with individual clothes lockers as well as with tubs or showers or both and washbasins having hot and cold running fresh water. Guideline B3.1.10 – Bedding, mess utensils and miscellaneous provisions
Texto do artigo, página 180: 1. Each Member should consider applying the following principles: (a) clean bedding and mess utensils should be supplied by the shipowner to all sea- farers for use on board during service on the ship, and such seafarers should be responsible for their return at times specified by the master and on completion of service in the ship; (b) bedding should be of good quality, and plates, cups and other mess utensils should be of approved material which can be easily cleaned; and (c) towels, soap and toilet paper for all seafarers should be provided by the shipowner. Guideline B3.1.11 – Recreational facilities, mail and ship visit arrangements
Texto do artigo, página 180: 1. Recreational facilities and services should be reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry.
Texto do artigo, página 180: 2. Furnishings for recreational facilities should as a minimum include a book- case and facilities for reading, writing and, where practicable, games.
Texto do artigo, página 180: 3. In connection with the planning of recreational facilities, the competent author- ity should give consideration to the provision of a canteen.
Texto do artigo, página 180: 4. Consideration should also be given to including the following facilities at no cost to the seafarer, where practicable: (a) a smoking room; (b) television viewing and the reception of radio broadcasts; (c) showing of films, the stock of which should be adequate for the duration of the voyage and, where necessary, changed at reasonable intervals; (d) sports equipment including exercise equipment, table games and deck games; (e) where possible, facilities for swimming; (f) a library containing vocational and other books, the stock of which should be adequate for the duration of the voyage and changed at reasonable intervals; (g) facilities for recreational handicrafts; (h) electronic equipment such as a radio, television, video recorders, DVD/CD player, personal computer and software and cassette recorder/player; (i) where appropriate, the provision of bars on board for seafarers unless these are contrary to national, religious or social customs; and (j) reasonable access to ship-to-shore telecommunications, and email and Internet facilities, where available, with any charges for the use of these services being reasonable in amount.
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Texto do artigo, página 182: Maritime Labour Convention, 2006 adequately covers the requirements of the ship and takes into account the differing cul- tural and religious backgrounds.

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