Курсовая работа: Конвенции о труде в морском судоходстве
The convention
defines, that the competent body has created the protection mechanism, in the
form of insurance or in other equivalent form, for indemnification to seamen of
a monetary damage which they can incur because of default by service of hiring
and employment of the obligations to them.
Identification
cards of the seaman
In connection
with the measures accepted on struggle against terrorism and for the purpose of
increase of level of identification of the person of the seaman, Convention No
185 about identification cards of seamen is accepted.
The convention
provides introduction by the states of identification cards of the seamen
containing the biometric information on their owners. The certificate has the
independent status and is not the passport.
Supervision
and the control
By convention
No147 on the minimum norms in a merchant marine fleet it is established that
each Member of the Organization ratifying the present Convention, undertakes to
carry out effective jurisdiction or the control over the courts registered in
its territory, in the relation:
– Norms of
safety, including norms concerning qualification, durations of working hours
and crew completion;
– Social
insurance measures;
– Working
conditions and living conditions onboard a vessel.
The convention
demands from the state to check by inspection that the vessels registered in
its territory, answer the ratified international conventions on work, laws and
rules, collective agreements.
Considering
width of sphere of the control, Convention positions provide presence of
"the central co-ordinating body» which should establish principles and a
quality monitoring. It bears responsibility for the organisation of check of
working conditions and a life of seamen on courts of the state of a flag.
Berbout-charter-party
By convention
No147 on the minimum norms in a merchant marine fleet it is established that
the flag state undertakes to carry out effective jurisdiction or the control
over the courts registered in its territory, concerning working conditions and
living conditions onboard a vessel.
The system
decision of this question will demand the good analysis and preparation of
offers on change of the national legislation.
The
statistical reporting
Convention
No134 on accident prevention covers the accidents occurred to the seaman in an
operating time or connected with it. Competent bodies should take measures for
that maintenance that the detailed statistical account and the analysis of the
data about such accidents was carried out.
Feature of
this account consists that along with the account of number, character, the
reasons and consequences of accidents it is necessary to divide them on
services onboard a vessel, for example: deck, machine, economic, and with
instructions of a site of a vessel, for example: in the sea or in port.
Besides, the
Convention demands, that competent authorities organised on the basis of this
statistics working out of programs on accident prevention not only on each
vessel, but also at federal level.
Sanitary
rules and norms
Convention No
92 about premises for crew onboard courts establishes the requirements
connected with construction, re-equipment and repair of courts.
On the
statement the drawing of this vessel with instructions of placing and the
general device of premises for crew is represented to competent authority.
Prior to the
beginning of construction of premises for crew and before reorganisation or
reconstruction of such premises on existing courts to competent authority
detailed drawings and data concerning premises, arrangements of each space,
placing of furniture and the equipment, an arrangement of ventilation,
illumination and heating and sanitary devices are submitted for approval.
The convention
demands, that in each case of changes of a premise for vessel or complaint crew
from outside trade unions the competent authority examined a vessel and was
convinced that premises for crew correspond to legislation requirements.
However, it is
necessary to notice that operating sanitary rules for sea-crafts morally have
become outdated. So in Convention No 133, on premises for crew onboard the
courts, supplementing Convention No 92, additional requirements on metric area
of premises and cabins for the personnel of courts, to metric area of dining
rooms and acquisition by their refrigerators and other household appliances,
metric area, quantity and equipment of premises for rest contain.
In connection
with the above-stated, it is necessary to process corresponding sanitary rules
and requirements under safety precautions for sea-crafts, and to issue them in
the form of technical regulations.
Safety
regulation at the international level
Trading
navigation is one of the most adjustable branches and was one of the first
branches which have applied the international standards in sphere of safety.
Recommendations
about safety of navigation are developed at world level. As navigation is the
international branch, it is necessary, that it was exposed to uniform
regulation on such questions, as vessel construction standards, navigating
rules, standards of qualification of crews.
The navigable
branch is regulated first of all by the International sea organisation (IMO)
which is in London and is the branch of the United Nations responsible for
safety of a life in the sea and protection of a sea environment. The
International Labour Organization (ILO) also is responsible for working out of
labour standards for seamen worldwide.
IMO has
accepted the universal concept of detailed technical rules in the form of the
international diplomatic conventions which regulate safety of courts and
protection of the sea environment. The governments of the countries which
consist in IMO, should instal these international rules and make sure that the
vessels registered under their flags observe these rules.
The main
responsibility for introduction of rules IMO concerning safety of navigation
and protection of the sea environment lies on the flag states (i.e. the
countries in which trading vessels are registered, they can differ from the
countries to which vessels actually belong).
he basic
documents regulating sea safety
Further the
basic international navigable conventions accepted IMOи ILO which concern
safety and pollution prevention are listed.
Conventions
which concern vessel activity
SOLAS (the
International convention on safety of a life in the sea, 1974) lists the list
of necessary minimum standards for a safe vessel construction, the capital
equipment for safety (protection against a fire, navigation, saving means and
radio) which are necessary onboard. This convention also demands regular checks
of a vessel and release by the states of a flag of certificates of conformity.
MARPOL (the
International convention on prevention of pollution from courts, 1973/1978)
contains requirements on prevention of pollution which can be entailed
accidents and daily activity of a vessel.
COLREG (the
Convention by the international rules on prevention of collisions in the sea,
1972) describes "traffic regulation", such as the right of pass and
action on prevention of collisions.
LOADLINE (the
International convention on cargo waterlines, 1966) describes is minimum
admissible surface board, according to a season of year and trading ways of a
vessel.
ISPS (the
International code of safety of a vessel and port, 2002) includes necessary
requirements on safety of courts and the port equipment.
Conventions
which concern activity of the navigable company
ISM (the
International code by safe management, 1993) demands from the navigable
companies presence of the licence for work. The companies and their vessels
should pass regular checks to be convinced that the safety system exists,
including sufficient procedures and communication between a vessel and its
management ashore.
Conventions
which works of seamen concern
STCW (the
International convention under standards of training, certification and
execution of watch for seamen, 1978/1995) establishes uniform standards of
knowledge for seamen.
ILO 147 (the
Convention on trading navigation ILO, 1976) demands from the government of the
countries of presence of the effective legislation concerning work, such as
business hours, the medical validity and operating conditions for seamen. It
has been replaced by convention MLC 2006 (the Convention on sea work ILO,
2006).
The
convention on work in sea navigation
From February,
7 till February, 23rd, 2006 in Geneva there has passed 94th (sea) session of
the International conference of work. On it the Convention on work in sea
navigation which inherently was summary has been accepted and should become the
uniform co-ordinated certificate regulating work of seamen.
The Convention
purpose – to unite in one international contract all newest standards on work
on the sea, containing in a number of conventions and recommendations of the
International organisation of work. The convention reconsiders 36 international
contracts operating now and unifies their norms for the purpose of assistance
to creation of worthy working conditions of seamen.
The summary
Convention replaces almost all earlier existing sea conventions and the
recommendations accepted by the International conference of work since 1920,
and allows to harmonise positions of the national labour right of the different
countries. It is important first of all for the transport organisations, and
first of all – for sea navigation. With the advent of the international labour
market of seamen when they can be employed on the ships under any flag, sea
navigation has turned to the first-ever originally global branch. It to the
full concerns also our country because the significant amount of the Russian seamen
floats on courts under flags of other states.
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