Курсовая работа: Конвенции о труде в морском судоходстве
The ILO is
special branch of the United Nations Organization. Within the limits of social
partnership between employers and hired workers the ILO tries to create the
positions satisfying wishes of all parties. On the basis of these the
international conventions and recommendations which are obligatory for member
countries the ILO are developed. Drawing up of the general documents for the
different states is caused, first of all, because professional work of seamen is
connected with work on courts of the various states and proceeds in the various
countries.
The
International organisation of work gives special attention to protection of
seamen, as demanding special care and attention.
By this time
are developed an order of 30 sea conventions, concerning seamen. In spite of
the fact that in each of the convention the valuable legal data contains, they
frequently do not correspond each other that causes difficulties in their
application. All it does not allow to work to the full to the international
labour norms.
Sea-craft,
being a vehicle, long time is at a distance from a site of the organisation of
sea transport and an overland infrastructure. Besides, work on a sea-craft is
connected with cumulative influence on an organism of such production factors
as noise, vibration, change of hour and climatic belts, ship rolling, an
overheat of premises, constraint of the workplaces, the raised
nervously-emotional loading owing to necessity of immediate decision-making,
special attention, stressful and extreme situations, a high level of
responsibility, etc. a condition of performance of labour function by seamen
form the basis for branch differentiation of legal regulation of their work.
Objective features of labour relations with participation of seamen generate
necessity for an establishment of the special norms regulating work of members
of crews of sea-crafts.
ILO
International
Labour Organization (ILO) is specialised establishment in United Nations
Organization system. The ILO has unique for the United Nations Organization
tripartite structure: (employers, workers and the governments).
One of and the
most important functions the ILO is acceptance of conventions and the
recommendations establishing the international norms, reflecting basic labour
human rights, and also features of application of work in separate fields of
activity. Recognising special character of work on transport, the ILO gives a
great attention to this sphere. It is connected with global character of
activity of transport, growth of its role as backbone factor in world economic
system, and also considerable influence of the human factor on effective
functioning of transport system. First of all, it concerns sea navigation.
Therefore among conventions the ILO on separate categories of workers the most
part is occupied with the conventions accepted concerning seamen.
The
international associations of trade unions actively use the specified norms for
protection of the workers, irrespective of a national identity of a vessel and
crewmen. A current state of affairs Conventions on work in sea navigation (sea
conventions) concerning seamen regulate questions of employment, the minimum
norms in a merchant marine fleet, vocational training, the device and admission
conditions for work, repatriation, a payment, working hours, safety, medical
and consumer services, and also social security.
Each member
state the ILO should present all conventions accepted by conference and
recommendations to competent national bodies for removal of the decision on
measures which should be accepted.
Since 1919
conventions and the recommendations covering almost all questions of work are
accepted: the basic labour human rights, and also features of application of
work in separate fields of activity and categories of workers.
Recognising
special character of work on transport, in the activity the ILO takes away an
important place to the international norms regulating this sphere. It is
connected with globalisation transport, growth of its role as backbone factor
in world economic system, and also considerable influence of reliability of
workers (the human factor) on effective functioning of transport system.
Conventions on
work in sea navigation regulate questions of employment, the minimum norms in a
merchant marine fleet, vocational training, the device and admission conditions
for work, repatriation, a payment, working hours, safety, medical and consumer
services, and also social security.
Concerning
dockers the ILO questions of social consequences of new methods of processing
of cargoes in ports, the safety precautions and a factory hygiene on port
works, protection against accidents on cargo handling works are regulated.
Repatriation
The problem of
maintenance of timely repatriation of seamen is the most actual part of a
shared problem of protection of the sociolabor rights of seamen. It is
connected with sharp increase in quantity of the sea-crafts floating under
so-called «a convenient flag».
On courts
under «a convenient flag» the majority of the conflict situations arising
because of infringement by ship-owners of the international norms in the field
of labour relations is fixed. Trade unions of seamen daily face this problem.
By ratified
Convention No 23 about repatriation of seamen it is established that the seaman
who has been written off on coast, has the right to be delivered back in the
country or in port where it has been employed, or in port from which flight has
begun. The seaman should not bear expenses on repatriation if it has been
left for the reason for which it does not bear responsibility.
However, the
important norm of the Convention is the duty of public authority of that
country in which the vessel is registered, to observe of repatriation of any
member of team, irrespective of its citizenship, and, if necessary, in the
advance payment to pay to it its expenses.
The convention
expands sphere of responsibility of authorities for repatriation of the seamen
working on courts under with "a convenient flag».
Obligations on
repatriation under this Convention arise along with the flag state, also at the
states of port and the states of a nationality of seamen.
Article 5 of
Convention No 166 establishes that if the ship-owner was not able to organise
repatriation or pay expenses for repatriation of the seaman:
– The
competent body of the state of a flag will organise and pays expenses for
repatriation;
– Expenses on
repatriation are subject to deduction from the ship-owner the state in which
territory the vessel is registered.
Hiring and
employment
Sources of the
international labour right or international legal regulation of work are
certificates of the United Nations and the ILO, establishing international
standards on work regulation. Major of them — declarations, pacts, the
conventions of the United Nations fixing some principles of legal regulation of
work and the basic labour rights. The United Nations great attention gives to
sociolabor questions. In their development the ILO accepts conventions and
recommendations about work problems. But the ILO as specialised concerning work
the international organisation can accept conventions and recommendations and
about other questions of the work which has been not provided in certificates
of the United Nations. Certificates the ILO and the United Nations together
make the International code of work as a legal international basis for the
edition of national norms of the labour legislation. (But it is necessary to
notice that from 300 international certificates about work by Russia are
ratified less than 50). All sources of international legal regulation of work
have contractual character.
Accepts these
certificates the supreme body the ILO — the General conference (assembly)
gathering annually in Geneva. It is constructed by a principle tripartism (i.e.
Two representatives from the government of member country the ILO and on one —
from workers and the employers, all four representatives vote independently).
Let's specify
in the major sources of the international labour right accepted by the United
Nations, and their maintenance.
The United
Nations charter in item 55 provides that United Nations activity promotes
increase of a standard of living, a full employment of the population and
conditions of economic and social progress and development.
In “the
General declaration of human rights”, the General assembly of the United
Nations accepted in 1948, provides the basic labour human rights, the right to
effective restoration of the broken rights (item 8), the right to formation,
including on popular technical and professional, including the higher (item
20). In item 23 very important human rights are fixed: the right to work, a
free choice of work, fair and favorable working conditions and on protection
against unemployment; on equal payment for equal work without any
discrimination; on the fair and satisfactory compensation providing worthy
existence for the worker and his family and supplemented if necessary and other
means of social security; the right to create trade unions and to enter into
trade unions for protection of the interests.
The
declaration fixes a right to rest, specifying that “each person has the right
to rest and leisure, including the right to reasonable restriction of the
working day and to paid periodic holiday”.
All labour
rights of the General declaration of human rights it is more developed the
United Nations in 1966 in the International pact about the economic, social and
cultural rights are fixed, the part of III which is devoted the sociolabor
rights. And unlike the Declaration which is not subject to ratification by the
states, the International pact of the United Nations is subject to ratification
by the states joining it.
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