CONVENTION No.9 Convention for Establishing Facilities for FindingEmployment for Seamen
CONVENTION No.9 Convention for Establishing Facilities for FindingEmployment for Seamen
[Date of coming into force: 23 November 1921.]
Whole document
The General Conference of the International Labour Organization,
Having been convened at Genoa by the Governing Body of the
International Labour Office, on the 15th day of June 1920, and
Having decided upon the adoption of certain proposals with regard to
the supervision of articles of agreement; provision of facilities for
finding employment for seamen; application to seamen of the Convention and
Recommendations adopted at Washington in November last in regard to
unemployment and unemployment insurance, which is the second item in the
agenda for the Genoa meeting of the Conference, and
Having determined that these proposals shall take the form of an
international Convention, adopts the following Convention, which may be
cited as the Placing of Seamen Convention, 1920, for ratification by the
Members of the International Labour Organization in accordance with the
provisions of the Constitution of the International Labour Organization:
Article 1
For the purpose of this Convention, the term "seamen" includes all
persons, except officers, employed as members of the crew on vessels
engaged in maritime navigation.
Article 2
1. The business of finding employment for seamen shall not be carried
on by any person, company, or other agency, as a commercial enterprise
for pecuniary gain; nor shall any fees be charged directly or indirectly
by any person, company or other agency, for finding employment for seamen
on any ship.
2. The law of each country shall provide punishment for any violation
of the provisions of this Article.
Article 3
1. Notwithstanding the provisions of Article 2, any person, company or
agency, which has been carrying on the work of finding employment for
seamen as a commercial enterprise for pecuniary gain, may be permitted to
continue temporarily under Government licence, provided that such work is
carried on under Government inspection and supervision, so as to safeguard
the rights of all concerned.
2. Each Member which ratifies this Convention agrees to take all
practicable measures to abolish the practice of finding employment for
seamen as a commercial enterprise for pecuniary gain as soon as possible.
Article 4
1. Each Member which ratifies this Convention agrees that there shall
be organised and maintained an efficient and adequate system of public
employment offices for finding employment for seamen without charge. Such
system may be organised and maintained, either
(a) by representative associations of shipowners and seamen jointly
under the control of a central authority, or,
(b) in the absence of such joint action, by the State itself.
2. The work of all such employment offices shall be administered by
persons having practical maritime experience.
3. Where such employment offices of different types exist, steps shall
be taken to co-ordinate them on a national basis.
Article 5
Committees consisting of an equal number of representatives of
shipowners and seamen shall be constituted to advise on matters concerning
the carrying on of these offices. The Government in each country may make
provision for further defining the powers of these committees,
particularly with reference to the committees' selection of their chairmen
from outside their own membership, to the degree of State supervision, and
to the assistance which such committees shall have from persons interested
in the welfare of seamen.
Article 6
In connection with the employment of seamen, freedom of choice of ship
shall be assured to seamen and freedom of choice of crew shall be assured
to shipowners.
Article 7
The necessary guarantees for protecting all parties concerned shall be
included in the contract of engagement or articles of agreement, and
proper facilities shall be assured to seamen for examining such contract
or articles before and after signing.
Article 8
Each Member which ratifies this Convention will take steps to see that
the facilities for employment of seamen provided for in this Convention
shall, if necessary by means of public offices, be available for the
seamen of all countries which ratify this Convention, and where the
industrial conditions are generally the same.
Article 9
Each country shall decide for itself whether provisions similar to
those in this Convention shall be put in force for deck-officers and
engineer-officers.
Article 10
1. Each Member which ratifies this Convention shall communicate to the
International Labour Office all available information, statistical or
otherwise, concerning unemployment among seamen and concerning the work of
its seamen's employment agencies.
2. The International Labour Office shall take steps to secure the
co-ordination of the various national agencies for finding employment for
seamen, in agreement with the Governments or organizations concerned in
each country.
Article 11
1. Each Member of the International Labour Organization which ratifies
this Convention engages to apply it to its colonies, protectorates and
possessions which are not fully self-governing-
(a) except where owing to the local conditions its provisions are
inapplicable; or
(b) subject to such modifications as may be necessary to adapt its
provisions to local conditions.
2. Each Member shall notify to the International Labour Office the
action taken in respect of each of its colonies, protectorates and
possessions which are not fully self-governing.
Article 12
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 13
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.
Article 14
This Convention shall come into force at the date on which such
notification is issued by the Director-General of the International Labour
Office, and it shall then be binding only upon those Members which have
registered their ratifications with the International Labour Office.
Thereafter this Convention will come into force for any other Member at
the date on which its ratification is registered with the International
Labour Office.
Article 15
Subject to the provisions of Article 14, each Member which ratifies
this Convention agrees to bring its provisions into operation not later
than 1 July 1922, and to take such action as may be necessary to make
these provisions effective.
Article 16
A Member which has ratified this Convention may denounce it after the
expiration of five 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 17
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 18
The French and English texts of this Convention shall both the
authentic.
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