CONVENTION No. 145 Convention concerning the Continuity of Employ-ment of Seafarers
CONVENTION No. 145 Convention concerning the Continuity of Employ-ment of Seafarers
[Date of coming into force: 3 May 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 noted the terms of Part IV (Regularity of Employment and
Income) of the Employment of Seafarers (Technical Developments)
Recommendation, 1970, and
Having decided upon the adoption of certain proposals with regard to
continuity of employment of seafarers, which is the fourth item on the
agenda of the session, and
Having determined that these proposals shall take the form of an
international Convention,
adopts this twenty-eighth day of October of the year one thousand nine
hundred and seventy-six the following Convention, which may be cited as
the Continuity of Employment (Seafarers) Convention, 1976:
Article 1
1. This Convention applies to persons who are regularly available for
work as seafarers and who depend on their work as such for their main
annual income.
2. For the purpose of this Convention the term "seafarers" means
persons defined as such by national law or practice or by collective
agreement who are normally employed as crew members on board a sea-going
ship other than-
(a) a ship of war;
(b) a ship engaged in fishing or in operations directly connected
therewith or in whaling or in similar pursuits.
3. National laws or regulations shall determine when ships are to be
regarded as sea-going ships for the purpose of this Convention.
4. The organizations of employers and workers concerned shall be
consulted on or otherwise participate in the establishment and revision of
definitions in pursuance of paragraphs 2 and 3 of this Article.
Article 2
1. In each member State which has a maritime industry it shall be
national policy to encourage all concerned to provide continuous or
regular employment for qualified seafarers in so far as this is
practicable and, in so doing, to provide shipowners with a stable and
competent workforce.
2. Every effort shall be made for seafarers to be assured minimum
periods of employment, or either a minimum income or a monetary
allowance, in a manner and to an extent depending on the economic and
social situation of the country concerned.
Article 3
Measures to achieve the objectives set out in Article 2 of this
Convention might include
(a) contracts or agreements providing for continuous or regular
employment with a shipping undertaking or an association of shipowners; or
(b) arrangements for the regularisation of employment by means of
the establishment and maintenance of registers or lists, by categories, of
qualified seafarers.
Article 4
1. Where the continuity of employment of seafarers is assured solely
by the establishment and maintenance of registers or lists, these shall
include all occupational categories of seafarers in a manner determined by
national law or practice or by collective agreement.
2. Seafarers on such a register or list shall have priority of
engagement for seafaring.
3. Seafarers on such a register or list shall be required to be
available for work in a manner to be determined by national law or
practice or by collective agreement.
Article 5
1. To the extent that national laws or regulations permit, the
strength of registers or lists of seafarers shall be periodically reviewed
so as to achieve levels adapted to the needs of the maritime industry.
2. When a reduction in the strength of such a register or list becomes
necessary, all appropriate measures shall be taken to prevent or minimise
detrimental effects on seafarers, account being taken of the economic and
social situation of the country concerned.
Article 6
Each member State shall ensure that appropriate safety, health,
welfare and vocational training provisions apply to seafarers.
Article 7
The provisions of this Convention shall, except in so far as they are
otherwise made effective by means of collective agreements, arbitration
awards or in such other manner as may be consistent with national
practice, be given effect by national laws or regulations.
Article 8
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 9
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 10
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 11
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 12
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 Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 13
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 14
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 10 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 15
The English and French versions of the text of this Convention are
equally authoritative.
hey are
otherwise made effective by means of collective agreements, arbitration
awards or in such other manner as may be consistent with national
practice, be given effect by national laws or regulations.
Article 8
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 9
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 10
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 11
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 12
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 Charter of the United
Nations full particulars of all ratifications and acts of denunciation
registered by him in accordance with the provisions of the preceding
Articles.
Article 13
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 14
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 10 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 15
The English and French versions of the text of this Convention are
equally authoritative.
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