ILO CONVENTIONS

THE ILO CONVENTION WAS CREATED PRIMARILY FOR THE PURPOSE OF ADOPTING INTERNATIONAL STANDARDS TO COPE WITH THE PROBLEM OF LABOUR CONDITIONS, WHICH INVOLVED INJUSTICE, HARDSHIP AND PRIVATION. THE ILO STANDARDS COMPRISES OF 30 INTERNATIONAL CONVENTIONS AND 20 RECOMMENDATIONS. THESE APPLY EXCLUSIVELY TO MERCHANT SHIPPING. THE RECOMMENDATIONS ARE NON-BINDING INSTRUMENTS, WHICH DEAL WITH THE SAME SUBJECTS AS CONVENTIONS. THE RECOMMENDATIONS SET OUT GUIDELINES FOR ORIENTING NATIONAL POLICIES AND ACTIONS. BOTH CONVENTIONS AND RECOMMENDATIONS ARE INTENDED TO HAVE A CONCRETE IMPACT ON WORKING CONDITIONS AND PRACTICES IN EVERY COUNTRY OF THE WORLD.

THE 6 MAIN MANDATORY REGULATIONS ARE AS FOLLOWS:

1.      LABOUR INSPECTION,

2.      ENTRY INTO AND TERMINATION OF EMPLOYEMENT,

3.      MANNING OF VESSELS,

4.      EMPLOYEMENT CONDITIONS,

5.      SOCIAL WELFARE,

6.      SOCIAL SECURITY.

ILO 147

APPLICATION

1.      THIS CONVENTION APPLIES TO EVERY SEAGOING SHIP, WHICH IS ENGAGED IN TRANSPORT OF CARGO OR PERSONS FOR THE PURPOSE OF TRADE OR ANY OTHER COMMERCIAL PURPOSE,

2.      THIS CONVENTION ALSO APPLIES TO SEAGOING TUGS,

3.      DOES NOT APPLY TO SHIPS PRIMARILY PROPELLED BY SAIL, WHETHER OR NOT THEY ARE FITTED WITH AUXILLARY ENGINE,

4.      DOES NOT APPLY TO SHIPS ENGAGED IN FISHING OR WHALING OR SIMILAR WORK.

5.      FOR SMALL VESSELS OR OIL RIGS OR DRILLING PLATFORMS WHEN NOT ENGAGED IN NAVIGATION, THE COMPETENT AUTHORITY IN EACH COUNTRY IN CONSULATION WITH THE MOST REPRESENTATIVE ORGANISATION OF SHIP OWNERS AND SEAFARERS WILL DECIDE TO WHICH SHIPS THIS CONVENTION APPLIES.

CONVENTION NO 147 AIMS TO:

1.      ELIMINATE THE OPERATION OF SUBSTANDARD SHIPS,

2.      IMPROVE THE EFFICIENCY AND SAFETY OF NAVIGATION,

3.      ENHANCE MEASURES TO PROTECT THE MARINE ENVIRONMENT,

4.      ADVANCE SEAFARER’S INTEREST IN THE FIELD OF SAFETY, HEALTH, WORKING CONDITIONS AND TRADE UNION RIGHTS.

THIS CONVENTION REQUIRE THE FLAG STATE TO ADOPT MINIMUM STANDARDS IN SAFETY, SOCIAL SECURITY AND SHIPBOARD STANDARDS OF EMPLOYEMENT AND LIVING ARRANGEMENTS TO BE ADOPTED ON MERCHANT SHIPS REGISTERED UNDER ANY FLAG. THIS CONVENTION REFERS TO OTHER ILO CONVENTIONS IN ITS APPENDIX. THE OTHER ILO CONVENTIONS ARE:

1.      MINIMUM AGE: SHOULD NOT BE LESS THAN 18 YEARS.

2.      MEDICAL EXAMINATION:

1.      THE COMPETENT AUTHORITY SHALL PRESCRIBE THE REQUIREMENTS OF A MEDICAL EXMINATION FOR EACH SEAFARER, DEPENDING ON THE AGE OF THE SEAFARER.

2.      THE MEDICAL EXAMINATION SHALL ATTEST THAT THE SIGHT AND HEARING, INCLUDING COLOUR VISION ARE ALL SATISFACTORY AND THAT THE SEAFARER IS NOT SUFFERING FROM ANY DISEASE WHICH IS LIKELY TO BE AGGRAVATED BY OR RENDER HIM UNFIT FOR SEA SERVICE OR ENDANGER THE HEALTH OF OTHER PERSONS ONBOARD.

3.      SUCH A MEDICAL EXAMINATION CERTIFICATE SHALL BE VALID FOR A PERIOD NOT EXCEEDING 2 YEARS.

3.       ARTICLES OF AGREEMENT: THE ARTICLES OF AGREEMENT SHALL BE SIGNED BY THE SHIP OWNER OR HIS REPRESENTATIVE AND THE SEAFARER. THE ARTICLES OF AGREEMENT SHALL BE AS PER THE MERCHANT SHIPPING ACT AND SIGNED AS PER THE REQUIREMENTS OF THE MSA.

4.      OFFICER’S COMPETENCY CERTIFICATES:

1.      THE MASTER, OTHER OFFICERS, CHIEF ENGINEER AND OTHER ENGINEERS WHO SHALL BE INCHARGE OF WATCHES ON THE BRIDGE OR IN THE ENGINE ROOM SHALL HOLD A VALID CERTIFICATE OF COMPETENCY.

2.      A SEAFARER SHALL BE GIVEN THE DUTIES CORRESPONDING TO THE GRADE OF COMPETENCY HELD BY HIM,

3.      SUCH A CERTIFICATE OF COMPETENCY SHALL BE GRANTED BY THE NATIONAL GOVERNMENT UPON CLEARING THE EXAMINATIONS PRESCRIBED AND ORGANISED BY A COMPETENT AUTHORITY.

5.      FOOD AND CATERING ONBOARD SHIPS:

1.      DEPENDING UPON THE SIZE OF THE CREW, NATURE AND DURATION OF THE VOYAGE, EACH VESSEL SHALL HAVE SUFFICIENT SUPPLIES OF FOOD AND WATER IN RESPECT OF QUANTITY, NUTRIVITE VALUE, QUALITY AND VARIETY.

2.      SPACES AND EQUIPMENT FOR THE STORAGE AND HANDLING OF FOOD AND WATER,

3.      A GALLEY AND OTHER EQUIPMENTS FOR THE PREPARATION AND SERVICE OF MEALS.

6.      CREW ACCOMODATION:

1.      THE ACCOMODATION SHALL BE KEPT CLEAN AND HYGENIC AT ALL TIMES AND INSPECTED BY THR MASTER OR ANY OTHER OFFICER APPOINTED BY HIM AND RECORDED.

2.      THE FLOOR AREA PER PERSON FOR SLEEPING FOR RATINGS AND OFFICERS, MESS ROOMS, ROOMS FOR MANAGEMENT LEVEL OFFICERS, RECREATIONAL FACILITIES, SMOKING ROOMS SHOWER AREAS ETC SHALL BE AS PRESCRIBED.

3.      EACH VESSEL SHALL HAVE REFRIGERATORS IN THE MESS ROOMS, FACILITIES FOR HOT BEVERAGE, COLD WATER FACILITIES, WASHING MACHINES, DRYING MACHINES OR ADEQUATE HEATED AND VENTILATED DRYING ROOMS, IRONS AND IRONING BOARDS AND A WELL EQUIPPED HOSPITAL.

4.      CREW ACCOMODATION SHALL BE PROPERLY LIGHTED, VENTILATED AND HEATED AS PER THE REQUIREMENTS.

7.      PREVENTION OF OCCUPATIONAL ACCIDENTS: EXPLAINED BELOW UNDER ILO 134.

8.      SICKNESS OR INJURY BENEFITS:

SHIPOWNER SHALL:

1.      BE LIABLE TO THE SEAFARER IF ANY INJURY, SICKNESS OR DEATH HAS OCCURRED DURING THE TERM OF ENGAGEMENT.

2.      PAY FULL WAGES TO A SEAFARER IF HE IS INCAPACITATED FROM WORK TILL HE IS ONBOARD AND A PART OF THE WAGES TILL HE IS CURED AFTER REPATRIATION OR IF HE IS RENDERED INCAPACITATED PERMANENTLY,

3.      BEAR ALL EXPENSES FOR HIS REPATRIATION,

4.      BEAR ALL EXPENSES FOR HIS BURIAL,

5.      ARRANGE TO SAFEGUARD THE PROPERTY LEFT BEHIND BY THE SICK, INJURED OR DECEASED PERSON.

9.      REPATRIATION:

1.      REPATRIATION WILL NORMALLY BE BY AIR, ALL COST TO BE BORNE BY THE SHIPOWNER.

2.      COST OF REPATRIATION SHALL INCLUDE AIR FARE, 30KG BAGGAGE ALLOWANCE, ACCOMODATION ANF FOOD ON THE WAY TILL DESTINATION, MEDICAL TREATMENT WHEN NECESSARY UNTIL MEDICALLY FIT TO TRAVEL,

3.      A SEAFARER SHALL BE ENTITLED FOR REPATRIATION:

1.      WHEN THE ENGAGEMENT FOR A SPECIFIC PERIOD EXPIRES,

2.      IN THE EVENT OF ILLNESS OR INJURY WHEN FOUND MEDICALLY FIT FOR TRAVEL,

3.      IN THE EVENT OF SHIPWRECK,

4.      IF SHIPOWNER GOES BANKRUPT, OR IF THE SHIP IS SOLD OR CHANGES PORT OF REGISTRY,

5.      IF THE VESSEL GOES TO A WAR RISK AREA AND THE SEAFARER DOES NOT WISH TO GO.

10.  FREEDOM OF ASSOCIATION, THE PROTECTION OF THE RIGHT TO ORGANISE AND COLLECTIVE BARGAINING.

ILO 180

HOURS OF WORK

1.      HOURS OF WORK SHALL BE ON A 8 HOURS A DAY BASIS WITH 1 DAY HOLIDAY PER WEEK AND ON PUBLIC HOLIDAYS,

2.      MAXIMUM HOURS OF WORK SHALL NOT EXCEED 14 HOURS IN A 24 HOURS PERIOD AND 72 HOUTRS IN ANY 7 DAY PERIOD,

3.      MINIMUM HOURS OF REST SHALL NOT BE LESS THAN 10 HOURS IN A 24 HOURS PERIOD OR 77 HOURS IN A 7 DAY PERIOD,

4.      HOURS OF REST CAN BE DIVIDED IN NOT MORE THAN 2 PERIODS, ONE OF WHICH SHALL BE ATLEAST 6 HOURS IN LENGTH AND THE INTERVAL BETWEEN 2 CONSECUTIVE PERIODS SHALL NOT BE MORE THAN 14 HOURS,

5.      MUSTERS, DRILLS EXERCISES ETC SHALL BE CONDUCTED IN SUCH A MANNER THAT IT DOES NOT AFFECT HOURS OF REST AND DOES NOT INDUCE FATIGUE,

6.      IN CASE OF A UNMANNED MACHINERY SPACE, IF A SEAFARER IS ON CALL THEN HE SHALL BE GIVEN COMPENSATORY REST PERIODS TO MAKE UP FOR THE LOSS OF NORMAL REST PERIODS,

7.      A SCHEDULE OF DUTY SHALL BE POSTED IN AN EASILY ACCESSIBLE SPACE IN WHICH THE SCHEDULE OF SERVICE OF EVERY SEAFARER ONBOARD SHOULD BE CLEARY STATED IN PORT OR AT SEA. AND IT SHOULD ALSO GIVE MAXIMUM HOURS OF WORK AND MINIMUM HOURS OF REST AS PER THE LAWS IN FORCE.

8.      NO SEAFARER UNDER THE AGE OF 18 SHALL BE GIVEN WORK AT MIDNIGHT, WHICH MEANS A PERIOD OF ATLEAST 9 HOURS, OUT OF WHICH MIDNIGHT 12 TO 5 SHOULD BE INCLUDED. THIS DOES NOT APPLY TO TRAINING OF YOUNG SEAFARERS BETWEEN THE AGE OF 16 AND 18.

9.      IF ASSISTANCE IS REQUIRED FOR THE PURPOSE OF SAFETY OF THE SHIP, CARGO OR FOR GIVING ASSISTANCE TO OTHER PERSONS IN DISTRESS AT SEA, THE MASTER CAN CALL UPON ANY SEAFARER DURING HIS HOURS OF REST BUT IMMEDIATELY AFTER THE SITUATION HAS BECOME NORMAL, THE MASTER MUST GIVE ADEQUATE PERIOD OF REST.

10.  RECORDS OF REST SHALL BE MAINTAINED ONBOARD FOR ALL SEAFARERS FOR THE PURPOSE OF MONITORING. SUCH RECORDS SHALL BE SIGNED BY THE SEAFARER AND WILL BE ENDORSED BY THE MASTER.

ILO 134

PREVENTION OF ACCIDENTS

1.      THE COMPETENT AUTHORITY IN EACH MARITIME COUNTRY SHALL TAKE THE NECESSARY ACTIONS TO ENSURE THAT OPERATIONAL ACCIDENTS TO SEAFARERS ARE ADEQUATELY PREVENTED, REPORTED AND INVESTIGATED. COMPREHENSIVE STATICTICS OF SUCH ACCIDENTS SHOULD BE MAINTAINED AND ANALYSED. WHENEVE AN ACCIDENT IS REPORTED IT SHOULD MENTION THE DEPARTMENT INVLOVED i.e. DECK, ENGINE OR CATERING AND THE AREA LIKE IN PORT OR AT SEA.

2.      A COMPETENT AUTHORITY SHALL INVESTIGATE INTO THE CAUSE AND CIRCUMSTANCES OF THE ACCIDENTS RESULTING IN LOSS OF LIFE OR SERIOUS PERSONAL INJURY, AND SUCH OTHER ACCIDENTS AS MAY BE REQUIRED BY THE NATIONAL LAWS AND REGULATIONS,

3.      CODES OF SAFE PRACTICES SHALL BE PUBLISHED FOR THE PREVENTION OF OCCUPATIONAL HAZARDS. THESE CODES SHALL REFER TO THE PREVENTION OF ACCIDENTS AND THE PROTECTION OF HEALTH ONBOARD, WHICH MAY BE APPLICABLE FOR THE WORK ONBOARD.

4.      THE CODES SHALL SPECIFY MEASURES FOR PREVENTION OF OCCUPATIONAL HAZARDS, SOME OF THE MATTERS COVERED SHALL BE:

1.      STRUCTURAL FEATURES OF THE SHIP,

2.      MACHINERY,

3.      SPECIAL SAFETY MEASURES ON AND BELOW DECK,

4.      LOADING AND UNLOADING EQUIPMENT,

5.      FIRE PREVENTION AND FIRE FIGHTING,

6.      ANCHORS, CHAINS AND LINES,

7.      DANGEROUS CARGO AND BALLAST,

8.      PERSONAL PROTECTIVE EQUIPMENT FOR SEAFARERS.

5.      THESE PROVISIONS SHALL CLEARLY SPECIFY THE OBLIGATIONS OF SEAFARERS, SHIPOWNERS AND OTHERS CONCERNED TO COMPLY WITH THEM,

6.      INSPECTIONS SHOULD BE CARRIED OUT TO MAKE SURE THAT SUCH PROVISIONS ARE ALWAYS COMPLIED WITH,

7.      COPIES OF SUCH PROVISIONS SHALL BE POSTED IN PROMINENT PLACES ONBOARD SHIPS.

8.      ALL NECESSARY MEANS SHALL BE TAKEN TO BRING TO THE NOTICE OF THE SEAFARER ANY POTENTIAL DANGER, THIS CAN BE DONE BY POSTING OFFICIAL NOTICES,

9.      A SUITABLE PERSON(S) OR A COMMITTEE SHALL BE APPOINTED UNDER THE MASTER FOR ACCIDENT PREVENTION.