CONVENTION No.54 Convention concerning Annual Holidays with Payfor Seamen
CONVENTION No.54 Convention concerning Annual Holidays with Payfor Seamen
[This Convention had not come into force by 1 September 1965, Itwas revised in 1964 by Convention 72 and in 1949 by Convention 91.]
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 Twenty-first Session
on 6 October 1936, and
Having decided upon the adoption of certain proposals with regard to
holidays with pay for seamen, which is the fifth item on 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 October of the
year one thousand nine hundred and thirty-six the following Convention,
which may be cited as the Holidays with Pay (sea) Convention, 1936:
Article 1
1. This Convention applies to the master, officers and members of the
crew, including wireless operators in the service of a wireless telegraphy
company, of all sea-going vessels, whether publicly or privately owned,
which are registered in a territory for which the Convention is in force
and are engaged in the transport of cargo or passengers for the purpose of
trade.
2. National laws or regulations shall determine when vessels are to be
regarded as seagoing vessels for the purpose of this Convention.
3. This Convention does not apply to-
(a) persons employed in vessels engaged in fishing, whaling or
similar pursuits or in operations directly connected therewith;
(b) persons employed in any vessel the crew of which consists
entirely of members of the owner's family as defined by national laws or
regulations;
(c) persons not remunerated for their services, or remunerated
only by a nominal salary or wage, or remunerated exclusively by a share of
profits;
(d) persons working exclusively or mainly on their own account;
(e) persons employed in wooden ships of primitive build such as
dhows and junks;
(f) persons whose duties are connected solely with the cargo
carried on board and who are not in fact in the employment either of the
owner or of the master;
(g) travelling dockers.
Article 2
1. Every person to whom this Convention applies shall be entitled
after one year of continuous service with the same undertaking to an
annual holiday with pay the duration of which shall be-
(a) in the case of masters, officers and wireless operators, not
less than twelve working days;
(b) in the case of other members of the crew, not less than nine
working days.
2. For the purpose of calculating when a holiday is due-
(a) service off articles shall be included in the reckoning of
continuous service;
(b) short interruptions of service not due to the act or fault of
the employee and not exceeding a total of six weeks shall not be deemed to
break the continuity of the periods of service which precede and follow
them;
(c) continuity of service shall not be deemed to be interrupted by
any change in the management or ownership of the vessel or vessels in
which the person concerned has served.
3. The following shall not be included in the annual holiday with pay:
(a) public and customary holidays;
(b) interruptions of service due to sickness;
(c) any time off allowed in compensation for weekly rest days and
public holidays worked at sea.
4. There may be defined by national laws or regulations or by
collective agreement special circumstances in which, subject to conditions
prescribed by such laws or regulations or fixed by such agreement-
(a) an annual holiday with pay due in virtue of this Convention
may be divided into parts or be accumulated with a subsequent holiday;
(b) there may be substituted for such a holiday, when in
exceptional circumstances the service so requires, a cash payment at least
equivalent to the remuneration provided for in Article 4.
Article 3
1. The annual holiday shall be given in the territory in which the
vessel is registered at one of the following ports:
(a) the port from which the vessel trades;
(b) the port at which the person entitled to the holiday was
engaged; or
(c) the port of the vessel's final destination.
2. Provided that the holiday may be given at any other port by mutual
consent.
3. When an annual holiday is due it shall be given by mutual agreement
at the first opportunity as the requirements of the service allow.
Article 4
1. Every person taking a holiday in virtue of Article 2 of this
Convention shall receive in respect of the full period of the holiday his
usual remuneration.
2. The usual remuneration payable in virtue of the preceding paragraph
shall include a suitable subsistence allowance and shall be calculated in
a manner which shall be prescribed by national laws or regulations of
fixed by collective agreement.
Article 5
Any agreement to relinquish the right to an annual holiday with pay,
or to forgo such a holiday, shall be void.
Article 6
National laws or regulations may provide that a person who engages in
paid employment during the course of this annual holiday may be deprived
of this right to payment in respect of the period of the holiday.
Article 7
A person who leaves or is discharged from the service of this employer
before he has taken a holiday due to him shall receive in respect of every
day of holiday due to him in virtue of this Convention the remuneration
provided for in Article 4.
Article 8
Each Member which ratifies this Convention shall require employers to
keep records for the purpose of facilitating its effective enforcement.
Article 9
Each Member which ratifies this Convention shall establish a system of
penalties to ensure the application of its provisions.
Article 10
Nothing in this Convention shall affect any law, award, custom or
agreement between shipowners and seamen which ensures more favourable
conditions than those provided by this Convention.
Article 11
1. In respect of the territories referred to in article 35 of the
Constitution of the International Labour Organization, each Member of the
Organization which ratifies this Convention shall append to its
ratification a declaration stating-
(a) the territories in respect of which it undertakes to apply the
provisions of the Convention without modification;
(b) the territories in respect of which it undertakes to apply the
provisions of the Convention subject to modifications, together with
details of the said modifications;
(c) the territories in respect of which the Convention is
inapplicable and in such cases the grounds on which it is inapplicable;
(d) the territories in respect of which it reserves its decision.
2. The undertakings referred to in subparagraphs (a) and (b) of
paragraph 1 of this Article shall be deemed to be an integral part of the
ratification and shall have the force of ratification.
3. Any Member may by a subsequent declaration cancel in whole or in
part any reservations made in its original declaration in virtue of
subparagraphs (b), (c) or (d) of paragraph 1 of this Article.
Article 12
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 13
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 six months after the date on which there
have been registered by the Director-General of the International Labour
Office the ratifications of five Members of the Organization each of which
has more than one million tons gross of sea-going merchant shipping.
3. Thereafter, this Convention shall come into force for any Member
six months after the date on which its ratification has been registered.
Article 14
As soon as the ratifications of five of the Members mentioned in the
second paragraph of Article 13 have been registered, 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 15
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 16
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 17
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 provisions of Article 15 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 18
The French and English texts of this Convention shall both be
authentic.
ent during the course of this annual holiday may be deprived
of this right to payment in respect of the period of the holiday.
Article 7
A person who leaves or is discharged from the service of this employer
before he has taken a holiday due to him shall receive in respect of every
day of holiday due to him in virtue of this Convention the remuneration
provided for in Article 4.
Article 8
Each Member which ratifies this Convention shall require employers to
keep records for the purpose of facilitating its effective enforcement.
Article 9
Each Member which ratifies this Convention shall establish a system of
penalties to ensure the application of its provisions.
Article 10
Nothing in this Convention shall affect any law, award, custom or
agreement between shipowners and seamen which ensures more favourable
conditions than those provided by this Convention.
Article 11
1. In respect of the territories referred to in article 35 of the
Constitution of the International Labour Organization, each Member of the
Organization which ratifies this Convention shall append to its
ratification a declaration stating-
(a) the territories in respect of which it undertakes to apply the
provisions of the Convention without modification;
(b) the territories in respect of which it undertakes to apply the
provisions of the Convention subject to modifications, together with
details of the said modifications;
(c) the territories in respect of which the Convention is
inapplicable and in such cases the grounds on which it is inapplicable;
(d) the territories in respect of which it reserves its decision.
2. The undertakings referred to in subparagraphs (a) and (b) of
paragraph 1 of this Article shall be deemed to be an integral part of the
ratification and shall have the force of ratification.
3. Any Member may by a subsequent declaration cancel in whole or in
part any reservations made in its original declaration in virtue of
subparagraphs (b), (c) or (d) of paragraph 1 of this Article.
Article 12
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 13
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 six months after the date on which there
have been registered by the Director-General of the International Labour
Office the ratifications of five Members of the Organization each of which
has more than one million tons gross of sea-going merchant shipping.
3. Thereafter, this Convention shall come into force for any Member
six months after the date on which its ratification has been registered.
Article 14
As soon as the ratifications of five of the Members mentioned in the
second paragraph of Article 13 have been registered, 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 15
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 16
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 17
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 provisions of Article 15 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 18
The French and English texts of this Convention shall both be
authentic.
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