CONVENTION No.146 Convention concerning Annual Leave with Pay forSeafarers
CONVENTION No.146 Convention concerning Annual Leave with Pay forSeafarers
[Date of coming into force: 13 June 1979.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Geneva by the Governing Body of the
International Labour Office and having met in its Sixty-second Session on
13 October 1976, and
Having decided upon the adoption of certain proposals with regard to
regard to revision of the Paid Vacations (Seafarers) Convention (Revised),
1949(No.91), in the light of, but not necessarily restricted to, the
holidays with Pay Convention (Revised), 1970 (No. 132), which is the
second item on the agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention, adopts this twenty-ninth day of October of the
year one thousand nine hundred and seventy-six the following Convention,
which may be cited as the Seafarers' Annual Leave with Pay Convention,
1976:
Article 1
The provisions of this Convention, in so far as they are not otherwise
made effective by means of collective agreements, arbitration awards,
court decisions, statutory wage-fixing machinery, or in such other manner
consistent with national practice as may be appropriate under national
conditions, shall be given effect by national laws or regulations.
Article 2
1. This Convention applies to all persons who are employed as
seafarers.
2. For the purpose of this Convention, the term "seafarer" means a
person who is employed in any capacity on board a sea-going ship
registered in a territory for which the Convention is in force, other
than-
(a) a ship of war;
(b) a ship engaged in fishing or in operations directly connected
therewith or in whaling or similar pursuits.
3. National laws or regulations shall determine, after consultation
with the organizations of shipowners and seafarers concerned, where such
exist, which ships are to be regarded as sea-going ships for the purpose
of this Convention.
4. Each Member which ratifies this Convention may, after consultation
with the organizations of employers and workers concerned, where such
exist, extend its application, with the modifications rendered necessary
by the conditions of the industry, to the persons excluded from the
definition of seafarers by paragraph 2, subparagraph (b), of this Article,
or to certain categories thereof.
5. Each Member which extends the application of this Convention in
pursuance of paragraph 4 of this Article at the time of ratifying it shall
specify in a declaration appended to its ratification the categories to
which the application is extended and the modifications, if any, rendered
necessary.
6. Each Member which has ratified this Convention may further
subsequently notify the Director-General of the International Labour
Office, by a declaration, that it extends the application of the
Convention to categories beyond those, if any, specified at the time of
ratification.
7. In so far as necessary, measures may be taken by the competent
authority or through the appropriate machinery in a country, after
consultation with the organizations of shipowners and seafarers concerned,
where such exist, to exclude from the application of this Convention
limited categories of persons employed on board sea-going ships.
8. Each Member which ratifies this Convention shall list, in the first
report on the application of the Convention submitted under article 22 of
the Constitution of the International Labour Organization, any categories
which may have been excluded in pursuance of paragraphs 3 and 7 of this
Article, giving the reasons for such exclusion, and shall state in
subsequent reports the position of its law and practice in respect of the
categories excluded and the extent to which effect has been given or is
proposed to be given to the Convention in respect of such categories.
Article 3
1. Every seafarer to whom this Convention applies shall be entitled to
annual leave with pay of a specified minimum length.
2. Each Member which ratifies this Convention shall specify the length
of the annual leave in a declaration appended to its ratification.
3. The leave shall in no case be less than 30 calendar days for one
year of service.
4. Each Member which has ratified this Convention may subsequently
notify the Director-General of the International Labour Office, by a
further declaration that it specifies annual leave longer than that
specified at the time of ratification.
Article 4
1. A seafarer whose length of service in any year is less than that
required for the full entitlement prescribed in the preceding Article
shall be entitled in respect of that year to annual leave with pay
proportionate to his length of service during that year.
2. The expression "year" in this Convention shall mean the calendar
year or any other period of the same length.
Article 5
1. The manner in which the length of service is calculated for the
purpose of leave entitlement shall be determined by the competent
authority or through the appropriate machinery in each country.
2. Under conditions to be determined by the competent authority or
through the appropriate machinery in each country, service off articles
shall be counted as part of the period of service.
3. Under conditions to be determined by the competent authority or
through the appropriate machinery in each country, absence from work to
attend an approved maritime vocational training course or for such reasons
beyond the control of the seafarer concerned as illness, injury or
maternity shall be counted as part of the period of service.
Article 6
The following shall not be counted as part of the minimum annual leave
with pay prescribed in Article 3, paragraph 3, of this Convention:
(a) public and customary holidays recognised as such in the
country of the flag, whether or not they fall during the annual leave
with pay;
(b) periods of incapacity for work resulting from illness, injury
or maternity, under conditions to be determined by the competent authority
or through the appropriate machinery in each country;
(c) temporary shore leave granted to a seafarer while on articles;
(d) compensatory leave of any kind, under conditions to be
determined by the competent authority or through the appropriate machinery
in each country.
Article 7
1. Every seafarer taking the annual leave envisaged in this Convention
shall receive in respect of the full period of that leave at least his
normal remuneration (including the cash equivalent of any part of that
remuneration which is paid in kind), calculated in a manner to be
determined by the competent authority or through the appropriate machinery
in each country.
2. The amounts due in pursuance of paragraph 1 of this Article shall
be paid to the seafarer concerned in advance of the leave, unless
otherwise provided by national laws or regulation or in an agreement
applicable to him and the employer.
3. A seafarer who leaves or is discharged from the service of his
employer before he has taken annual leave due to him shall receive in
respect of such leave due to him the remuneration provided for in
paragraph 1 of this Article.
Article 8
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 authorised by the competent authority
or through the appropriate machinery in each country.
2. Subject to paragraph 1 of this Article and unless otherwise
provided in an agreement applicable to the employer and the seafarer
concerned, the annual leave with pay prescribed by this Convention shall
consist of an uninterrupted period.
Article 9
In exceptional cases, provision may be made by the competent authority
or through the appropriate machinery in each country for the substitution
for annual leave due in virtue of this Convention of a cash payment at
least equivalent to the remuneration provided for in Article 7.
Article 10
1. The time at which the leave is to be taken shall, unless it is
fixed by regulation, collective agreement, arbitration award or other
means consistent with national practice, be determined by the employer
after consultation and, as far as possible, in agreement with the seafarer
concerned or his representatives.
2. No seafarer shall be required without his consent to take annual
leave due to him at a place other than that where he was engaged or
recruited, whichever is nearer his home, except under the provisions of a
collective agreement or of national laws or regulations.
3. If a seafarer is required to take his annual leave from a place
other than that permitted by paragraph 2 of this Article, he shall be
entitled to free transportation to the place where he was engaged or
recruited, whichever is nearer his home, and subsistence and other costs
directly involved in his return there shall be for the account of the
employer; the travel time involved shall not be deducted from the annual
leave with pay due to the seafarer.
Article 11
Any agreement to relinquish the right to the minimum annual leave with
pay prescribed in Article 3, paragraph 3, or-except as provided,
exceptionally, in pursuance of Article 9 of this Convention-to forgo such
leave, shall be null and void.
Article 12
A seafarer taking annual leave shall be recalled only in cases of
extreme emergency, with due notice.
Article 13
Effective measures appropriate to the manner in which effect is given
to the provisions of this Convention shall be taken to ensure the proper
application and enforcement of regulations or provisions concerning annual
leave with pay, by means of adequate inspection or otherwise.
Article 14
This Convention revises the Paid Vacations (Seafarers) Convention
(Revised), 1949.
Article 15
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour office for registration.
Article 16
1. This Convention shall be binding only upon those Members of the
International Labour Organization whose ratifications have been registered
with the Director-General.
2. It shall come into force twelve months after the date on which the
ratifications of two Members have been registered with the
Director-General.
3. Thereafter, this Convention shall come into force for any Member
twelve months after the date on which its ratification has been
registered.
Article 17
1. A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention first
comes into force, by an act communicated to the Director-General of the
International Labour Office for registration. Such denunciation shall not
take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of ten years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of ten
years and, thereafter, may denounce this Convention at the expiration of
each period of ten years under the terms provided for in this Article.
Article 18
1. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organization of the
registration of all ratifications and denunciations communicated to him by
the Members of the Organization.
2. When notifying the Members of the Organization of the registration
of the second ratification communicated to him, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention will come into force.
Article 19
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the denunciation registered
by him in accordance with the provisions of the preceding Articles.
Article 20
At such times as it may consider necessary the Governing Body of the
International Labour Office shall present to the General Conference a
report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question of
its revision in whole or in part.
Article 21
1. Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention otherwise
provides-
(a) the ratification by a Member of the new revising Convention
shall ipso jure involve the immediate denunciation of this Convention,
notwithstanding the provisions of Article 17 above, if and when the new
revising Convention shall have come into force;
(b) as from the date when the new revising Convention comes into
force this Convention shall cease to be open to ratification by the
Members.
2. This Convention shall in any case remain in force in its actual
form and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 22
The English and French versions of the text of this Convention are
equally authoritative.
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