国际海员劳工法公约明年生效
2010.04.30
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国际海员劳工法公约将于 2011年生效. 这个公约对所有东西方海员帶來前所没有的福利,保障和平等的薪水待遇. 公约中最关键的一条是 “找工作不需付出任何费用”. 几十年來西方NGO组织 ITF (International Transportation Federation) 一直在推行公约中之概念但发展中国家因种种原因未能跟进. 在公约生效后发展中国家海员将享受跟西方海員一样的待遇. 为保存公约內容以下四篇报导是以英文刊出. New Maritime Convention Benefits Seafarers |
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Wednesday, 14 April 2010 |
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Flexibility on some provisions is provided by exempting smaller ships (200 gross tonnage and below) that do not go on international voyages. It does not apply, for example, on ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; ships engaged in fishing; traditional ships like dhows and junks; and warships or naval auxiliaries. Because it was not clear before whether those that work on board ships but are not directly involved in navigating or operating the ship are considered seafarers, the Convention now defines a seafarer as any person who is employed or engaged or works in any capacity on board a ship. It affirms the fundamental rights to freedom of association and the right to collective bargaining; the elimination of forced labor; abolition of child labor; and the abolition of discrimination. Every seafarer has the right to a safe and secure workplace; fair employment terms; decent working and living conditions on board ship; health protection, medical care, welfare measures and social protection. Employment should be at no cost to the seafarer, except in obtaining a statutory medical certificate; seafarer’s book, passport and personal travel documents. The cost of visas shall be charged to ship owners. Collective bargaining agreements should be in place. Seafarers must be informed of their rights under employment agreements, including monthly wages, health and social security benefits and paid annual leave. Any agreement to forego the minimum annual leave with pay is prohibited. Normal working hours should not exceed eight hours a day. Based on an eight-hour day, one day of rest per week and on public holidays should be provided. Maximum work hours shall not exceed 14 hours in a day and 72 hours in a week. The right of repatriation – including food and accommodation, pay and allowances and medical treatment, when necessary – shall not be refused regardless of financial difficulties on the part of ship owners. |
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ILO Maritime Labour Convention
As the official “social partner” responsible for co-ordinating national maritime employers’ associations at the International Labour Organization (ILO), ISF continues to promote the ratification of the ILO Maritime Labour Convention (MLC), which ISF helped to negotiate, with the International Transport Workers’ Federation (ITF), at the last major ILO Maritime Labour Conference in Geneva in 2006. The so called ILO “Super Convention” consolidates over 60 existing ILO maritime labour standards into a single instrument. The wide range of matters covered includes seafarers’ contractual arrangements, responsibilities of manning agencies, working hours, health and safety, crew accommodation, and medical and catering standards.
The signs are very positive that the ILO MLC will come into force without undue delay, delivering the level playing field of high maritime employment standards which employers and seafarers’ unions require. It has already been ratified by the largest open registers - the Bahamas, Liberia, Marshall Islands and Panama - in addition to Norway. Meanwhile, an accord for a social agreement between employers represented by ECSA and European seafarers’ unions, concluded in May 2008, means that the Convention is on course to be ratified by EU Member States, so that it should enter into force globally within the next two years. Important labour supply nations, such as China and the Philippines are also making progress towards ratification.
In September 2008, ISF co-ordinated the maritime employers’ group at two intensive weeks of ILO tripartite meetings in Geneva, which finalised sets of guidelines, for use by flag states and port state control officers, concerning enforcement of the ILO MLC. The Employers’ Group achieved its objective of ensuring that these Guidelines are fully consistent with the details of the ILO MLC and provide a level playing field. In 2009, ISF has also contributed to the development and trial of ILO training materials for use by those enforcing the Convention.
An important aspect of the Convention’s enforcement will be the issuance of ILO Maritime Labour Certificates, usually following inspection by a classification society, and the requirement for ships to maintain a Declaration of Maritime Labour Compliance. ISF has therefore commenced dialogue about implementation of these new procedures with the classification societies, which will continue in 2009.
ILO Minimum Wage
ISF, as the co-ordinator of the Employers’ Group of the ILO Joint Maritime Commission (JMC) met with representatives of the International Transport Workers’ Federation (ITF) in Geneva, in February 2009, to review the current figure for the ILO Minimum Wage for Able Seafarers, which currently stands at US$ 545 basic pay per month.
This latest increase only came into effect in January 2009, in line with a schedule of annual increases agreed in 2006. Given that the last increase was so recent, and in view of the uncertainty of the global economic crisis, ISF explained that employers could not agree to any immediate further increase. Although most unions recognise the need to help safeguard employment for seafarers, some unions were disappointed by this response. However, ISF has agreed that, under the auspices of the JMC, employers and unions should meet again to review the situation if the market improves, or in February 2010.
ISF remains committed towards the principle of the ILO Minimum Wage for Able Seafarers which is now referenced in the new Maritime Labour Convention. Although only recommendatory, it is important for employers in developing countries. The ILO Minimum Wage also influences many collective bargaining agreements and is sometimes referred to in legal rulings. In the meantime the figure of US $545, which came into effect in January 2009 remains in place.
It should be stressed that when overtime and other mandatory entitlements are also taken into account, the total wages received by seafarers being paid the ILO minimum are considerably greater. In practice, moreover, the basic wages of the vast majority of the world’s 1.25 million seafarers are significantly greater than the ILO minimum. Indeed, the ILO minimum wage is substantially higher than that which most seafarers, two thirds of whom come from developing countries, would attain in comparable shore based employment.
Source: IMO
Bulgaria ratifies the Maritime Labour Convention
By ratifying this significant Convention, Bulgaria became the second European Union country, after Spain, to ratify this instrument, also referred to as the fourth pillar of the international regulatory regime for quality shipping.
GENEVA (ILO news) - On 12 April 2010, Mr Volodya Bojkov, Counsellor, Permanent Mission of the Republic of Bulgaria to the United Nations Office and other International Organizations in Geneva, deposited his country’s instrument of ratification of the Maritime Labour Convention, 2006 (MLC, 2006) with the International Labour Office. By ratifying this significant Convention, Bulgaria became the second European Union country, after Spain, to ratify this instrument, also referred to as the fourth pillar of the international regulatory regime for quality shipping. Bulgaria, which is among the nations with the highest number of ratified ILO Conventions, is the ninth country to ratify the MLC, 2006 and its ratification is another testimony of Bulgaria’s continued commitment to the ILO’s objectives and in particular its standards-related activities.
Bulgaria played a very active role in the process of developing the MLC, 2006 as a member of the High Level Tripartite Working Group, its participation in the 2004 Preparatory Technical Conference and the 94th (Maritime) Session of the International Labour Conference in Geneva in February 2006 in which the Convention was adopted by 314 votes in favour and non against—a clear proof of the common commitment of governments, shipowners and seafarers to provide a “bill of rights” for the world’s more than 1.2 million seafarers and establish a level- playing field for quality shipowners.
Addressing the evolving realities and needs of an industry that handles over 90 per cent of the world’s trade, the unique structure of the MLC, 2006 establishes a strong compliance and enforcement mechanism and covers the minimum requirements for seafarers to work on a ship, conditions of employment, hours of work and rest, wages, leave, repatriation, accommodation, recreational facilities, food and catering, occupational safety and health protection, medical care, welfare and social security protection. It is a comprehensive Convention bringing together and updating 37 existing ILO Conventions and 31 related Recommendations.
The importance the Government of Bulgaria attributes to maritime transport and its dedication to increasing maritime safety and improving the performance of the international fleet is shown by Bulgaria’s previous ratification of no less than 28 maritime Conventions. This committment to the maritime sector was specifically underlined through the Government’s hosting of the first Regional Seminar for European countries in the Bulgarian marine capital, Varna, in September 2006, seven months after the adoption of the MLC, 2006.
Aimed at continuing the momentum of the Conference in which the MLC, 2006 has been adopted, the seminar and its “Varna spirit” offered an opportunity to freely discuss the Convention among the representatives of 13 European countries, the International Shipping Federation, the International Transport Workers Federation and the European Commission.
While the first requirement for entry into force of the MLC, 2006 – coverage of 33 per cent of the world gross tonnage – has already been attained, Bulgaria’s ratification is an important step towards achieving the second requirement: 30 ratifying countries – which are expected to be on board by the Convention’s fifth birthday in February 2011.
Source : ilo.org
