Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Guideline B2.2
Wages
Guideline B2.2.1 - Specific definitions
1. For the purpose of this Guideline, the term:
(a) able seafarer means any seafarer who is deemed competent to
perform any duty which may be required of a rating serving in the deck
department, other than the duties of a supervisory or specialist
rating, or who is defined as such by national laws, regulations or
practice, or by collective agreement;
(b) basic pay or wages means the pay, however composed, for
normal hours of work; it does not include payments for overtime
worked, bonuses, allowances, paid leave or any other additional
remuneration;
(c) consolidated wage means a wage or salary which includes the
basic pay and other pay-related benefits; a consolidated wage may
include compensation for all overtime hours which are worked and all
other pay-related benefits, or it may include only certain benefits in
a partial consolidation;
(d) hours of work means time during which seafarers are required
to do work on account of the ship;
(e) overtime means time worked in excess of the normal hours of
work.
Guideline B2.2.2 - Calculation and payment
1. For seafarers whose remuneration includes separate
compensation for overtime worked:
(a) for the purpose of calculating wages, the normal hours of
work at sea and in port should not exceed eight hours per day;
(b) for the purpose of calculating overtime, the number of normal
hours per week covered by the basic pay or wages should be prescribed
by national laws or regulations, if not determined by collective
agreements, but should not exceed 48 hours per week; collective
agreements may provide for a different but not less favourable
treatment;
(c) the rate or rates of compensation for overtime, which should
be not less than one and one-quarter times the basic pay or wages per
hour, should be prescribed by national laws or regulations or by
collective agreements, if applicable; and
(d) records of all overtime worked should be maintained by the
master, or a person assigned by the master, and endorsed by the
seafarer at no greater than monthly intervals.
2. For seafarers whose wages are fully or partially consolidated:
(a) the seafarers` employment agreement should specify clearly,
where appropriate, the number of hours of work expected of the
seafarer in return for this remuneration, and any additional
allowances which might be due in addition to the consolidated wage,
and in which circumstances;
(b) where hourly overtime is payable for hours worked in excess
of those covered by the consolidated wage, the hourly rate should be
not less than one and one-quarter times the basic rate corresponding
to the normal hours of work as defined in paragraph 1 of this
Guideline; the same principle should be applied to the overtime hours
included in the consolidated wage;
(c) remuneration for that portion of the fully or partially
consolidated wage representing the normal hours of work as defined in
paragraph 1 (a) of this Guideline should be no less than the
applicable minimum wage; and
(d) for seafarers whose wages are partially consolidated, records
of all overtime worked should be maintained and endorsed as provided
for in paragraph 1 (d) of this Guideline.
3. National laws or regulations or collective agreements may
provide for compensation for overtime or for work performed on the
weekly day of rest and on public holidays by at least equivalent time
off duty and off the ship or additional leave in lieu of remuneration
or any other compensation so provided.
4. National laws and regulations adopted after consulting the
representative shipowners` and seafarers` organizations or, as
appropriate, collective agreements should take into account the
following principles:
(a) equal remuneration for work of equal value should apply to
all seafarers employed on the same ship without discrimination based
upon race, colour, sex, religion, political opinion, national
extraction or social origin;
(b) the seafarers` employment agreement specifying the applicable
wages or wage rates should be carried on board the ship; information
on the amount of wages or wage rates should be made available to each
seafarer, either by providing at least one signed copy of the relevant
information to the seafarer in a language which the seafarer
understands, or by posting a copy of the agreement in a place
accessible to seafarers or by some other appropriate means;
(c) wages should be paid in legal tender; where appropriate, they
may be paid by bank transfer, bank cheque, postal cheque or money
order;
(d) on termination of engagement all remuneration due should be
paid without undue delay;
(e) adequate penalties or other appropriate remedies should be
imposed by the competent authority where shipowners unduly delay, or
fail to make, payment of all remuneration due;
(f) wages should be paid directly to seafarers` designated bank
accounts unless they request otherwise in writing;
(g) subject to subparagraph (h) of this paragraph, the shipowner
should impose no limit on seafarers` freedom to dispose of their
remuneration;
(h) deduction from remuneration should be permitted only if:
(i) there is an express provision in national laws or regulations
or in an applicable collective agreement and the seafarer has been
informed, in the manner deemed most appropriate by the competent
authority, of the conditions for such deductions; and
(ii) the deductions do not in total exceed the limit that may
have been established by national laws or regulations or collective
agreements or court decisions for making such deductions;
(i) no deductions should be made from a seafarer`s remuneration
in respect of obtaining or retaining employment;
(j) monetary fines against seafarers other than those authorized
by national laws or regulations, collective agreements or other
measures should be prohibited;
(k) the competent authority should have the power to inspect
stores and services provided on board ship to ensure that fair and
reasonable prices are applied for the benefit of the seafarers
concerned; and
(l) to the extent that seafarers` claims for wages and other sums
due in respect of their employment are not secured in accordance with
the provisions of the International Convention on Maritime Liens and
Mortgages, 1993, such claims should be protected in accordance with
the Protection of Workers` Claims (Employer`s Insolvency) Convention,
1992 (No. 173).
5. Each Member should, after consulting with representative
shipowners` and seafarers` organizations, have procedures to
investigate complaints relating to any matter contained in this
Guideline.
Guideline B2.2.3 - Minimum wages
1. Without prejudice to the principle of free collective
bargaining, each Member should, after consulting representative
shipowners` and seafarers` organizations, establish procedures for
determining minimum wages for seafarers. Representative shipowners`
and seafarers` organizations should participate in the operation of
such procedures.
2. When establishing such procedures and in fixing minimum wages,
due regard should be given to international labour standards
concerning minimum wage fixing, as well as the following principles:
(a) the level of minimum wages should take into account the
nature of maritime employment, crewing levels of ships, and seafarers`
normal hours of work; and
(b) the level of minimum wages should be adjusted to take into
account changes in the cost of living and in the needs of seafarers.
3. The competent authority should ensure:
(a) by means of a system of supervision and sanctions, that wages
are paid at not less than the rate or rates fixed; and
(b) that any seafarers who have been paid at a rate lower than
the minimum wage are enabled to recover, by an inexpensive and
expeditious judicial or other procedure, the amount by which they have
been underpaid.
Guideline B2.2.4 - Minimum monthly basic pay or wage figure for
able seafarers
1. The basic pay or wages for a calendar month of service for an
able seafarer should be no less than the amount periodically set by
the Joint Maritime Commission or another body authorized by the
Governing Body of the International Labour Office. Upon a decision of
the Governing Body, the Director-General shall notify any revised
amount to the Members of the Organization.
2. Nothing in this Guideline should be deemed to prejudice
arrangements agreed between shipowners or their organizations and
seafarers` organizations with regard to the regulation of standard
minimum terms and conditions of employment, provided such terms and
conditions are recognized by the competent authority.
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Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".