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

Standard A2.3
                   Hours of work and hours of rest

     1. For the purpose of this Standard, the term:
     (a)  hours of work means time during which seafarers are required
to do work on account of the ship;
     (b)  hours  of  rest  means time outside hours of work; this term
does not include short breaks.
     2. Each Member shall within the limits set out in paragraphs 5 to
8  of this Standard fix either a maximum number of hours of work which
shall  not  be exceeded in a given period of time, or a minimum number
of hours of rest which shall be provided in a given period of time.
     3.  Each  Member  acknowledges  that  the  normal  working hours`
standard for seafarers, like that for other workers, shall be based on
an  eight-hour  day  with  one day of rest per week and rest on public
holidays.  However,  this  shall  not  prevent  the Member from having
procedures  to  authorize  or  register  a  collective agreement which
determines  seafarers`  normal  working  hours  on  a  basis  no  less
favourable than this standard.
     4.  In determining the national standards, each Member shall take
account  of  the  danger posed by the fatigue of seafarers, especially
those whose duties involve navigational safety and the safe and secure
operation of the ship.
     5. The limits on hours of work or rest shall be as follows:
     (a) maximum hours of work shall not exceed:
     (i) 14 hours in any 24-hour period; and
     (ii) 72 hours in any seven-day period; or
     (b) minimum hours of rest shall not be less than:
     (i) ten hours in any 24-hour period; and
     (ii) 77 hours in any seven-day period.
     6.  Hours  of  rest may be divided into no more than two periods,
one  of  which shall be at least six hours in length, and the interval
between consecutive periods of rest shall not exceed 14 hours.
     7.   Musters,  fire-fighting  and  lifeboat  drills,  and  drills
prescribed  by  national  laws  and  regulations  and by international
instruments,  shall  be  conducted  in  a  manner  that  minimizes the
disturbance of rest periods and does not induce fatigue.
     8.  When a seafarer is on call, such as when a machinery space is
unattended,  the  seafarer  shall  have  an adequate compensatory rest
period if the normal period of rest is disturbed by call-outs to work.
     9.  If  no collective agreement or arbitration award exists or if
the   competent  authority  determines  that  the  provisions  in  the
agreement or award in respect of paragraph 7 or 8 of this Standard are
inadequate, the competent authority shall determine such provisions to
ensure the seafarers concerned have sufficient rest.
     10.   Each  Member  shall  require  the  posting,  in  an  easily
accessible  place, of a table with the shipboard working arrangements,
which shall contain for every position at least:
     (a) the schedule of service at sea and service in port; and
     (b)  the  maximum  hours  of  work  or  the minimum hours of rest
required  by  national  laws  or  regulations or applicable collective
agreements.
     11.  The table referred to in paragraph 10 of this Standard shall
be  established  in  a  standardized format in the working language or
languages of the ship and in English.
     12.  Each  Member  shall require that records of seafarers` daily
hours  of  work or of their daily hours of rest be maintained to allow
monitoring  of  compliance  with  paragraphs 5 to 11 inclusive of this
Standard. The records shall be in a standardized format established by
the  competent  authority taking into account any available guidelines
of  the  International Labour Organization or shall be in any standard
format  prepared  by  the Organization. They shall be in the languages
required by paragraph 11 of this Standard. The seafarers shall receive
a  copy  of  the records pertaining to them which shall be endorsed by
the  master,  or  a  person  authorized  by  the  master,  and  by the
seafarers.
     13.  Nothing in paragraphs 5 and 6 of this Standard shall prevent
a  Member  from having national laws or regulations or a procedure for
the competent authority to authorize or register collective agreements
permitting exceptions to the limits set out. Such exceptions shall, as
far  as  possible, follow the provisions of this Standard but may take
account  of  more  frequent or longer leave periods or the granting of
compensatory  leave for watchkeeping seafarers or seafarers working on
board ships on short voyages.
     14.  Nothing in this Standard shall be deemed to impair the right
of  the master of a ship to require a seafarer to perform any hours of
work  necessary for the immediate safety of the ship, persons on board
or  cargo,  or  for the purpose of giving assistance to other ships or
persons  in  distress  at sea. Accordingly, the master may suspend the
schedule  of  hours of work or hours of rest and require a seafarer to
perform  any  hours  of  work necessary until the normal situation has
been  restored.  As soon as practicable after the normal situation has
been  restored,  the  master  shall ensure that any seafarers who have
performed  work  in  a  scheduled  rest  period  are  provided with an
adequate period of rest.