Курсовая работа: Конвенции о труде в морском судоходстве
• If work
can threaten health or safety of the seaman it is forbidden to involve in it of
persons, 18 years are younger,
• Seamen
are not supposed to work onboard a vessel without physical examination,
• The
seamen who have done not pass vocational training are not supposed to work or
have not received the diploma (certificate), certifying their competence, or
otherwise not confirmed the qualification allowing them to carry out the
duties.
• The
Services which are engaged in employment of seamen and selection of the
personnel, should correspond the requirements, shown to them the analyzed
Convention.
• If there
are the private organisations which are engaged in employment of seamen and
selection of the personnel they should take place without fail licensing or
certifications, according to requirements of the Convention and the local
legislation.
• Thus the
Convention enters an interdiction for payment in full or in part commission or
other costs for employment and employment, or for workplace granting, except
for expenses which the seaman bears in connection with reception of the health
certificate provided by the national legislation, national book of the seaman
and passport or other similar personal travel papers (expenses on payment of
visas the ship-owner bears),
• Employment
Services should conduct without fail and constantly update the list of all
seamen, employment and which employment have been provided by them, this list
should be accessible to competent body to check (the list should contain: the
data about qualification of seamen; the data about the work experience; the
personal data, concerning works on hiring; the medical data concerning work on
hiring);
At contract
signing it is necessary to trace, that seamen have attentively familiarised
with the labour contract and understood the rights and duties; that the given
labour contracts corresponded to the legislation and the Convention,
Whether • Services
on employment should in process of forces and possibilities to check possesses
the ship-owner means for maintenance of protection of seamen from danger to
appear without means of support in foreign port;
• Also services
on employment should trace obligatory insurance or other equivalent form with a
view of indemnification to seamen of a monetary damage which they can incur as
a result of default by service of hiring and employment of the obligations to
seamen or the corresponding ship-owner of the obligations to seamen according
to the labour contract.
• Behind all
services of hiring strict supervision is established. All licences or
certificates, or similar forms of the permission to realisation of activity of
services on employment are given or renew only after check of that the
corresponding service of hiring and employment of seamen meets the requirements
national of the legislation and standard legal certificates.
• Also
specially appointed competent body should have possibility for investigation,
in case of need, the complaints, services of hiring concerning to activity and
employment of seamen, with attraction, depending on circumstances,
representatives of ship-owners and seamen,
The state
ratifying the Convention, should provide possibility to the citizens to
familiarise with the possible problems, connected with employment on a vessel
floating under the flag of the state which did not ratify the present
Convention while it will not be convinced that the norms equivalent to what are
established in the present Convention are applied.
The service of
a set and employment of seamen, should cover following questions:
1) Physical
examination of seamen,
2) Maintenance
and conducting the list of seamen,
3) Maintenance
and updating of the list of courts for which seamen steal up,
4) The
prevention of possible operation of seamen,
5) The
exhaustive list of expenses which are probable for employment of seamen,
6) Creation
of system of informing of seamen about a possible place of work and about given
conditions,
7) The
mechanism of check of the documents given at employment,
8) Maintenance
of check of documents and regulations onboard a vessel where employ seamen.
Thus member
states Conventions should communicate regularly about sea branch as a whole and
about a labour market, in particular, about development of the sea labour
legislation to co-ordinate a policy and the legislation in the field of hiring
and the labour legislation.
The labour
contract of the seaman should contain:
1) A surname,
a name and a patronymic of the seaman, date of its birth or age and a place of
its birth;
2) A name and
the address of the ship-owner;
3) A place and
date of a conclusion of employment agreement of the seaman;
4) A post on
which the seaman is employed;
5) The size of
wages of the seaman or, there, where it is applicable, - the formula used for
its calculation;
6) The size of
payment of annual holiday or, there, where it is applicable, - the formula used
for its calculation;
7) Term and
conditions of cancellation of the contract, including:
• If the
contract is concluded without day - the conditions giving
• The right
of any of the parties to terminate it, and also term for the notice about
• Cancellation
provided that such term will not be shorter for
• The
ship-owner, than for the seaman;
• If the
contract is concluded for certain term - exact date
• The
contract expiry of the term; and
• If the
contract is concluded on one flight - port of destination and
• Time which
should expire after the arrival in port, before the seaman
• Can be
written off from a vessel;
• Health
services and social security benefits,
• Given to
the seaman the ship-owner;
• The right
of the seaman to repatriation;
• The
reference to the collective agreement if it is applicable;
• Any other
data demanded according to the national legislation.
Conclusion
Thus, summing
up the analysis of the international legislation, it is possible to draw a
conclusion that the main value of the summary Convention that is the uniform
certificate containing all norms in the field of sociolabor relations in sea
navigation. It represents the accurate and universal collection of the rights
and duties on labour and to social problems for all sea sector. Thus the
Convention supposes certain flexibility at national level concerning concrete
methods of realisation of the rights of seamen.
The
requirement of obligatory observance of technical standards and aggravation of
the international competition have led to that working conditions of seamen
became the basic point of comparative advantage to the majority of the
navigable companies.
The summary
Convention covers all spectrum of the sociolabor relations inherent in sea
navigation. She establishes requirements to age, a state of health and
vocational training of the seaman, to its qualification, to set and employment
system, to the basic conditions of employment (a wages, holiday, repatriation),
to conditions of the industrial environment, to premises and conditions for
rest onboard a vessel, to a food, to table, medical and social service, to
social security.
In the
Convention mechanisms of the control of observance and maintenance of its
performance with the state of a flag of a vessel and the state of port within
the limits of procedures of the port control are defined.
The unique
minus which can be found now is a correlation of the given Convention with the
national legislation. But as it will occur, practice will show only.
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