CONVENTION No.22 Convention concerning Seamen's Articles of Agree-ment
CONVENTION No.22 Convention concerning Seamen's Articles of Agree-ment
[Date of coming into force: 4 April 1928.]
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 Ninth Session on 7
June 1926, and
Having decided upon the adoption of certain proposals with regard to
seamen's articles of agreement, which is included in the first item of the
agenda of the Session, and
Having determined that these proposals shall take the form of an
international Convention, adopts this twenty-fourth day of June of the
year one thousand nine hundred and twenty-six the following Convention,
which may be cited as the Seamen's Articles of Agreement Convention,
1926, for ratification by the Members of the International Labour
Organization in accordance with the provision of the Constitution of the
International Labour Organization:
Article 1
1. This Convention shall apply to all sea-going vessels registered in
the country of any Member ratifying this Convention and to the owners,
masters and seamen of such vessels.
2. It shall not apply to
(a) ships of war,
(b) Government vessels not engaged in trade,
(c) vessels engaged in the coasting trade,
(d) pleasure yachts,
(e) Indian country craft,
(f) fishing vessels,
(g) vessels of less than 100 tons gross registered tonnage or 300
cubic metres, nor to vessels engaged in the home trade below the tonnage
limit prescribed by national law for the special regulation of this trade
at the date of the passing of this Convention.
Article 2
For the purpose of this Convention the following expressions have the
meanings hereby assigned to them, viz.:
(a) the term "vessel" includes any ship or boat of any nature
whatsoever, whether publicly or privately owned, ordinarily engaged in
maritime navigation;
(b) the term "seaman" includes every person employed or engaged in
any capacity on board any vessel and entered on the ship's articles. It
excludes masters, pilots, cadets and pupils on training ships and duly
indentured apprentices, naval ratings, and other persons in the permanent
service of a Government;
(c) the term "master" includes every person having command and
charge of a vessel except pilots;
(d) the term "home trade vessel" means a vessel engaged in trade
between a country and the ports of a neighbouring country within
geographical limits determined by the national law.
Article 3
1. Articles of agreement shall be signed both by the shipowner or his
representative and by the seaman. Reasonable facilities to examine the
articles of agreement before they are signed shall be given to the seaman
and also to his adviser.
2. The seaman shall sign the agreement under conditions which shall be
prescribed by national law in order to ensure adequate supervision by the
competent public authority.
3. The foregoing provisions shall be deemed to have been fulfilled if
the competent authority certifies that the provisions of the agreement
have been laid before it in writing and have been confirmed both by the
shipowner or his representative and by the seaman.
4. National laws shall make adequate provision to ensure that the
seaman has understood the agreement.
5. The agreement shall not contain anything which is contrary to the
provisions of national law or of this Convention.
6. National law shall prescribe such further formalities and
safeguards in respect of the completion of the agreement as may be
considered necessary for the protection of the interests of the shipowner
and of the seaman.
Article 4
1. Adequate measures shall be taken in accordance with national law
for ensuring that the agreement shall not contain any stipulation by which
the parties purport to contract in advance to depart from the ordinary
rules as to jurisdiction over the agreement.
2. This Article shall not be interpreted as excluding a reference to
arbitration.
Article 5
1. Every seaman shall be given a document containing a record of his
employment on board the vessel. The form of the document, the particulars
to be recorded and the manner in which such particulars are to be entered
in it shall be determined by national law.
2. The document shall not contain any statement as to the quality of
the seaman's work or as to his wages.
Article 6
1. The agreement may be made either for a definite period or for a
voyage or, if permitted by national law, for an indefinite period.
2. The agreement shall state clearly the respective rights and
obligations of each of the parties.
3. It shall in all cases contain the following particulars:
(1) the surname and other names of the seaman, the date of his
birth or his age, and his birthplace;
(2) the place at which and date on which the agreement was
completed;
(3) the name of the vessel or vessels on board which the seaman
undertakes to serve;
(4) the number of the crew of the vessel, if required by national
law;
(5) the voyage or voyages to be undertaken, if this can be
determined at the time of making the agreement;
(6) the capacity in which the seaman is to be employed;
(7) if possible, the place and date at which the seaman is
required to report on board for service;
(8) the scale of provisions to be supplied to the seaman, unless
some alternative system is provided for by national law;
(9) the amount of his wages;
(10) the termination of the agreement and the conditions thereof,
that is to say;
(a) if the agreement has been made for a definite period, the
date fixed for its expiry;
(b) if the agreement has been made for a voyage, the port of
destination and the time which has to expire after arrival before the
seaman shall be discharged;
(c) if the agreement has been made for an indefinite period,
the conditions which shall entitle either party to rescind it, as well as
the required period of notice for rescission; provided that such period
shall not be less for the shipowner than for the seaman;
(11) the annual leave with pay granted to the seaman after one
year's service with the same shipping company, if such leave if provided
for by national law;
(12) any other particulars which national law may require.
Article 7
If national law provides that a list of crew shall be carried on board
it shall specify that the agreement shall either be recorded in or annexed
to the list of crew.
Article 8
In order that the seaman may satisfy himself as to the nature and
extent of his rights and obligations, national law shall lay down the
measures to be taken to enable clear information to be obtained on board
as to the conditions of employment, either by posting the conditions of
the agreement in a place easily accessible from the crew's quarters, or by
some other appropriate means.
Article 9
1. An agreement for an indefinite period may be terminated by either
party in any port where the vessel loads or unloads, provided that the
notice specified in the agreement shall have been given, which shall not
be less than twenty-four hours.
2. Notice shall be given in writing; national law shall provide such
manner of giving notice as is best calculated to preclude any subsequent
dispute between the parties on this point.
3. National law shall determine the exceptional circumstances in
which. notice even when duly given shall not terminate the agreement.
Article 10
An agreement entered into for a voyage, for a definite period, or for
an indefinite period shall be duly terminated by-
(a) mutual consent of the parties;
(b) death of the seaman;
(c) loss or total unseaworthiness of the vessel;
(d) any other cause that may be provided in national law or in
this Convention.
Article 11
National law shall determine the circumstances in which the owner or
master may immediately discharge a seaman.
Article 12
National law shall also determine the circumstances in which the
seaman may demand his immediate discharge.
Article 13
1. If a seaman shows to the satisfaction of the shipowner or his agent
that he can obtain command of a vessel or an appointment as mate or
engineer or to any other post of a higher grade than he actually holds, or
that any other circumstance has arisen since his engagement which renders
it essential to his interests that he should be permitted to take his
discharge, he may claim his discharge, provided that without increased
expense to the shipowner and to the satisfaction of the shipowner or his
agent he furnishes a competent and reliable man in his place.
2. In such case, the seaman shall be entitled to his wages up to the
time of his leaving his employment.
Article 14
1. Whatever the reason for the termination or rescission of the
agreement, an entry shall be made in the document issued to the seaman in
accordance with Article 5 and in the list of crew showing that he has been
discharged, and such entry shall, at the request of either party, be
endorsed by the competent public authority.
2. The seaman shall at all times have the right, in addition to the
record mentioned in Article 5, to obtain from the master a separate
certificate as to the quality of his work or, failing that, a certificate
indicating whether he has fully discharged his obligations under the
agreement.
Article 15
National law shall provide the measures to ensure compliances with the
terms of the present Convention.
Article 16
The formal ratifications of this Convention, under the conditions set
forth in the Constitution of the International Labour Organization, shall
be communicated to the Director-General of the International Labour Office
for registration.
Article 17
1. This Convention shall come into force at the date on which the
ratifications of two Members of the International Labour Organization have
been registered by the Director-General.
2. It shall be binding only upon those Members whose ratifications
have been registered with the International Labour Office.
3. Thereafter, the Convention shall come into force for any Member at
the date on which its ratification has been registered with the
International Labour Office.
Article 18
As soon as the ratifications of two Members of the International
Labour Organization have been registered with the International Labour
Office, the Director-General of the International Labour Office shall so
notify all the Members of the International Labour Organization. He shall
likewise notify them of the registration of ratifications which may be
communicated subsequently by other Members of the Organization.
Article 19
Subject to the provisions of Article 17, each Member which ratifies
this Convention agrees to bring the provisions of Articles 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 into operation not later than 1
January 1928, and to take such action as may be necessary to make these
provisions effective.
Article 20
Each Member of the International Labour Organization which ratifies
this Convention engages to apply it to its colonies, possessions and
protectorates, in accordance with the provisions of article 35 of the
Constitution of the International Labour Organization.
Article 21
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 with
the International Labour Office.
Article 22
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 23
The French and English texts of this Convention shall both be
authentic.
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