КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ. Конвенция. Международная организация труда. 23.02.06

Standard A2.1
                   Seafarers` employment agreements

     1.  Each  Member  shall  adopt laws or regulations requiring that
ships that fly its flag comply with the following requirements:
     (a)  seafarers  working  on  ships that fly its flag shall have a
seafarers`  employment  agreement  signed by both the seafarer and the
shipowner or a representative of the shipowner (or, where they are not
employees,  evidence of contractual or similar arrangements) providing
them  with  decent  working and living conditions on board the ship as
required by this Convention;
     (b)  seafarers signing a seafarers` employment agreement shall be
given  an  opportunity  to  examine  and  seek advice on the agreement
before  signing,  as well as such other facilities as are necessary to
ensure  that  they  have  freely  entered  into  an  agreement  with a
sufficient understanding of their rights and responsibilities;
     (c) the shipowner and seafarer concerned shall each have a signed
original of the seafarers` employment agreement;
     (d)  measures  shall be taken to ensure that clear information as
to  the conditions of their employment can be easily obtained on board
by  seafarers, including the ship`s master, and that such information,
including  a  copy  of  the  seafarers`  employment agreement, is also
accessible  for review by officers of a competent authority, including
those in ports to be visited; and
     (e)  seafarers  shall  be given a document containing a record of
their employment on board the ship.
     2. Where a collective bargaining agreement forms all or part of a
seafarers`  employment  agreement,  a  copy of that agreement shall be
available  on  board.  Where the language of the seafarers` employment
agreement and any applicable collective bargaining agreement is not in
English,  the following shall also be available in English (except for
ships engaged only in domestic voyages):
     (a) a copy of a standard form of the agreement; and
     (b)  the portions of the collective bargaining agreement that are
subject to a port State inspection under Regulation 5.2.
     3.  The  document referred to in paragraph 1 (e) of this Standard
shall  not  contain  any statement as to the quality of the seafarers`
work  or  as to their wages. The form of the document, the particulars
to  be  recorded  and  the  manner in which such particulars are to be
entered, shall be determined by national law.
     4.  Each  Member  shall adopt laws and regulations specifying the
matters   that  are  to  be  included  in  all  seafarers`  employment
agreements   governed  by  its  national  law.  Seafarers`  employment
agreements shall in all cases contain the following particulars:
     (a)  the  seafarer`s  full  name,  date  of  birth  or  age,  and
birthplace;
     (b) the shipowner`s name and address;
     (c)  the  place  where  and  date  when the seafarers` employment
agreement is entered into;
     (d) the capacity in which the seafarer is to be employed;
     (e)  the amount of the seafarer`s wages or, where applicable, the
formula used for calculating them;
     (f)  the  amount  of  paid annual leave or, where applicable, the
formula used for calculating it;
     (g)  the termination of the agreement and the conditions thereof,
including:
     (i)  if the agreement has been made for an indefinite period, the
conditions  entitling  either  party  to  terminate it, as well as the
required notice period, which shall not be less for the shipowner than
for the seafarer;
     (ii)  if  the  agreement has been made for a definite period, the
date fixed for its expiry; and
     (iii)  if  the  agreement has been made for a voyage, the port of
destination  and the time which has to expire after arrival before the
seafarer should be discharged;
     (h)  the  health  and  social  security protection benefits to be
provided to the seafarer by the shipowner;
     (i) the seafarer`s entitlement to repatriation;
     (j)   reference   to  the  collective  bargaining  agreement,  if
applicable; and
     (k) any other particulars which national law may require.
     5.  Each  Member  shall  adopt  laws  or regulations establishing
minimum notice periods to be given by the seafarers and shipowners for
the  early  termination  of  a  seafarers`  employment  agreement. The
duration   of   these   minimum  periods  shall  be  determined  after
consultation   with   the  shipowners`  and  seafarers`  organizations
concerned, but shall not be shorter than seven days.
     6.  A  notice  period  shorter  than  the minimum may be given in
circumstances  which  are recognized under national law or regulations
or   applicable   collective   bargaining   agreements  as  justifying
termination  of  the employment agreement at shorter notice or without
notice.  In  determining those circumstances, each Member shall ensure
that  the  need  of  the  seafarer  to terminate, without penalty, the
employment   agreement   on  shorter  notice  or  without  notice  for
compassionate or other urgent reasons is taken into account.