Курсовая работа: Конвенции о труде в морском судоходстве
Roland Ajvz
(RolandIves), the manager on a problem of the human factor and external
relations the ILO in Lloyd's Register, spoke about that huge work which expects
the organisation, such as Lloyd's Register, which states name «the responsible
organisations». As he said, estimation has shown that inspection the ILO on the
bulk ship with crew from 30 persons can be tightened at 9-12 o'clock.
By its
calculations, check are subject to 69 thousand courts worldwide, and more than
50 % of these inspections will spend the responsible organisations. As the
responsible organisation, LLOYD'S REGISTER should protect powers of the state
port control, the shipowners consisting in the Register, and the most important
– to achieve conformity to norms and convention rules. The convention purpose –
the decision of questions, such as the weariness reasons, industrial traumas,
living conditions and work, preservation of crews and круинг
The convention
has been proclaimed by the Bill about the Rights of seamen and «the fourth
pillar» legislations of sea navigation along with conventions Solas, STCW and
Marpol. It consists of five parts where following questions are considered:
* minimal
requirements to seamen onboard a vessel;
* terms of
employment;
* premises,
conditions for rest, service and a food;
* health
protection and social security, medical and consumer services;
* performance
of requirements and monitoring behind performance
After a
meeting of ministers in the beginning of June, 2006 the European ministerial
council of transport has made decision to resolve to member states to ratify
the convention, and on the basis of the decision of member state are invited to
ratify it till the end of 2010 ». It means that member states will enter the
convention directly through national legislature, instead of through the
convention statement through Eurocommission instructions. Though the ILO has
not established any special dates of carrying out of the convention in a life
when it has accepted the convention in 2006, the requirement about its
ratification by 30th member states, representing 33 % of world fleet before it
will come into force is exposed.
The convention
is applied (except for cases when other directly is not provided) to all courts
which are in the state or private possession which are engaged in commercial
sea navigation, behind an exception: the courts occupied with a fish or similar
craft, and courts of traditional construction, such, as flat-bottomed boats and
jonks. Convention requirements do not extend on the military and
military-auxiliary ships.
The convention
includes three various, but the interconnected element: Articles, Rules and the
Code. In Articles and Rules the major rights and principles, and also the basic
obligations of the states ratifying the Convention are listed. They can change
only General conference of the International organisation of work. The code
details the requirements, concerning performance of Rules. Rules and the Code
are grouped in five sections.
The section I
(«Minimal requirements concerning work of seamen onboard a vessel») establishes
the minimum norms which should be observed before seamen will start to work
onboard. Seamen should be more senior the minimum age, have the health
certificate certifying their suitability on a state of health to performance of
the official duties, and also to have appropriate preparation and
qualification. Besides, seamen should have access to effective and accurately
adjustable system of a set and employment.
The section II
(«employment Conditions») regulates conditions of signing of the labour
contract; questions of wages, duration of working hours and time of rest,
annual holiday, repatriation, indemnification to seamen in case of loss or
flooding of a vessel, completion of courts by crews, development of career,
improvement of professional skill and possibilities for employment of seamen.
The section
III («Premises, conditions for rest, a food and table service») contains the
norms shown together, concerning premises for crew, questions of a food and
table service. Besides, here the requirements, concerning preventions of
influence of noise and vibration in industrial and residential zones are fixed.
Section IV
(«Health protection, health services, social service and protection in the
field of social security») regulates questions of health services onboard a
vessel and on coast, health protection, safety and accident preventions, access
of seamen to coastal objects of social appointment, social security. Among
other requirements responsibility of ship-owners for health protection and
health services of seamen here is established.
The section V
(«Observance and performance maintenance») defines duties of the states
ratifying the Convention. The section contains three key rules. The rule the
first defines responsibility of the state for Convention performance on the
courts floating under its flag, including an establishment of effective system
of inspection and survey. The rule the second defines measures of the state
port control over foreign courts in the ports. The rule the third defines
duties of the states on a set and employment of seamen, and also in the field
of social security of seamen which are its citizens or have a constant
residence in its territory.
In comparison
with the previous conventions new addition of system of survey in inspection
system, increase in number of the bases for detention of foreign courts in
ports and the registered procedure of consideration of complaints of seamen
here is.
Essentially
new in the Convention of 2006 unlike the previous sea Conventions the ILO is
that:
- For the
first time necessity of presence onboard a vessel of the certificate on
conformity and the declaration on observance of labour norms in sea navigation
that is primary acknowledgement of that a working condition and a life is
proclaimed, the organisation of works on a vessel on a labour safety and
performance of the labour legislation correspond or are equivalent to the
Convention the ILO;
- Coming into
force of the given Convention has the features which are stated in article VIII
where it is told in the subparagraph «3. The present Convention comes into
force in 12 months after document registration date about ratification not less
than 30 member states, the general share of which gross tonnage of a merchant
marine fleet makes 33 percent».
According to
plan the ILO the Convention will be ratified by necessary number of
participants in 2011. The European Parliament in the Instruction has urged the
members to ratify the Convention in 2010.
As of May,
1st, 2009 the Convention is already ratified by five states (Liberia, the
Bahamas, Marshall Islands, Panama, Norway), 40 % of world fleet possessing
more. It allows to draw a conclusion that the Convention can become obligatory
in 2011.
At creation of
the given Convention started with basic principles and the rights in work
sphere; that understanding that seamen require special protection; also took
into consideration the international norms concerning safety of courts, their
crews and passengers; and also aspired to that this document has been made so
that in the greatest possible degree to provide its wide acceptability for the
governments, ship-owners and the seamen adhering to principles of worthy work
that it easily gave in to updating and that it it was possible to apply and
provide its performance effectively.
In the
Convention it is underlined, each seaman has the right on:
Workplace
which should correspond to norms of safety;
Fair
conditions of employment;
Worthy working
conditions and lives onboard a vessel;
Health
protection, health services, social service and other forms of social
protection.
In this
connection, each state-participant of the Convention should provide full
realisation of the labour and social rights of the seamen specified in the
given Convention.
Therefore each
state ratifying the Convention, should bring the legislation into accord with
it. Also it is obliged to create system of maintenance of observance of
requirements of the given Convention, including regular checks, representation
of reports, monitoring and legal procedures according to the applicable
legislation.
It proves to
be true the Certificate on conformity to labour norms in sea navigation and the
Declaration on observance of labour norms in sea navigation which would
correspond to the analyzed Convention.
If the vessel
floats under the flag of the state which ratified the Convention it can be at
any moment to be subjected inspection not only the flag state, but also other
member state ratifying the Convention, at the moment of a vessel finding in one
of ports, for the purpose of definition, whether are observed on this vessel of
the requirement of the Convention.
For the
analysis of actions of the given Convention Administrative Advice the ILO
creates special committee which is allocated with powers of consideration of
labour norms in sea navigation.
The committee
includes on two representatives from each member state Conventions, and also
representatives of ship-owners and the seamen, appointed Administrative council
after consultations of the Parity sea commission.
Those states
which yet did not ratify the Convention, can take part in committee work, but
have no right to vote on one of questions.
Requirements
to work of the seamen, provided in the present Convention
• Restrictions
on the maximum age the Convention does not establish the Minimum age which
makes 16 years,
• Work
seamen by whom 18 years were not executed yet Is forbidden at night,
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