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

Guideline B2.4
                         Entitlement to leave

     Guideline B2.4.1 - Calculation of entitlement
     1.  Under  conditions as determined by the competent authority or
through   the   appropriate   machinery   in   each  country,  service
off-articles should be counted as part of the period of service.
     2.  Under  conditions as determined by the competent authority or
in  an applicable collective agreement, absence from work to attend an
approved  maritime  vocational  training course or for such reasons as
illness  or  injury  or for maternity should be counted as part of the
period of service.
     3.  The  level  of  pay  during  annual  leave  should  be at the
seafarer`s  normal level of remuneration provided for by national laws
or  regulations  or in the applicable seafarers` employment agreement.
For  seafarers  employed  for  periods shorter than one year or in the
event  of  termination  of the employment relationship, entitlement to
leave should be calculated on a pro-rata basis.
     4.  The  following  should not be counted as part of annual leave
with pay:
     (a)  public and customary holidays recognized as such in the flag
State, whether or not they fall during the annual leave with pay;
     (b)  periods  of  incapacity  for  work resulting from illness or
injury  or  from  maternity,  under  conditions  as  determined by the
competent  authority  or  through  the  appropriate  machinery in each
country;
     (c)  temporary  shore  leave granted to a seafarer while under an
employment agreement; and
     (d)   compensatory   leave  of  any  kind,  under  conditions  as
determined  by  the  competent  authority  or  through the appropriate
machinery in each country.

     Guideline B2.4.2 - Taking of annual leave
     1.  The  time at which annual leave is to be taken should, unless
it  is fixed by regulation, collective agreement, arbitration award or
other  means  consistent  with national practice, be determined by the
shipowner  after  consultation  and,  as far as possible, in agreement
with the seafarers concerned or their representatives.
     2.  Seafarers  should  in principle have the right to take annual
leave  in  the  place  with  which they have a substantial connection,
which  would  normally  be  the  same  as  the place to which they are
entitled  to  be repatriated. Seafarers should not be required without
their consent to take annual leave due to them in another place except
under  the  provisions  of  a  seafarers`  employment  agreement or of
national laws or regulations.
     3.  If  seafarers  are required to take their annual leave from a
place other than that permitted by paragraph 2 of this Guideline, they
should be entitled to free transportation to the place where they were
engaged  or recruited, whichever is nearer their home; subsistence and
other  costs  directly  involved  should  be  for  the  account of the
shipowner;  the  travel  time involved should not be deducted from the
annual leave with pay due to the seafarer.
     4.  A  seafarer  taking  annual  leave should be recalled only in
cases of extreme emergency and with the seafarer`s consent.

     Guideline B2.4.3 - Division and accumulation
     1.  The  division of the annual leave with pay into parts, or the
accumulation  of such annual leave due in respect of one year together
with  a subsequent period of leave, may be authorized by the competent
authority or through the appropriate machinery in each country.
     2.  Subject to paragraph 1 of this Guideline and unless otherwise
provided  in an agreement applicable to the shipowner and the seafarer
concerned,  the  annual  leave  with pay recommended in this Guideline
should consist of an uninterrupted period.

     Guideline B2.4.4 - Young seafarers
     1.  Special  measures  should be considered with respect to young
seafarers  under the age of 18 who have served six months or any other
shorter  period  of  time  under  a collective agreement or seafarers`
employment  agreement  without leave on a foreign-going ship which has
not  returned to their country of residence in that time, and will not
return  in  the  subsequent  three months of the voyage. Such measures
could consist of their repatriation at no expense to themselves to the
place  of  original  engagement  in their country of residence for the
purpose of taking any leave earned during the voyage.