CONVENTION No. 57 Convention concerning Hours of Work on BoardShip and Manning
CONVENTION No. 57 Convention concerning Hours of Work on BoardShip and Manning
[This Convention had not come into force by 1 September 1965. Itwas revised in 1946 by Convention 76, in 1949 by Convention 93 and in 1958by Convention 109.]
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
the regulation of hours of work on board ship, and manning in conjunction
with hours of work on board ship, which is the first 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 Hours of Work and Manning (Sea) Convention,
1936:
PART I. SCOPE AND DEFINITIONS
Article 1
1. This Convention applies to every sea-going mechanically propelled
vessel, whether publicly or privately owned, which-
(a) is registered in a territory for which the Convention is in
force;
(b) is employed in the transport of cargo or passengers for the
purpose of trade; and
(c) is engaged on an international voyage, by which is meant any
voyage from a port of one country to a port outside such country, every
colony, overseas territory, protectorate or territory under suzerainty or
mandate being regarded as a separate country.
2. This Convention does not apply to-
(a) sailing vessels with auxiliary engines; or
(b) vessels engaged in fishing, whaling or similar pursuits, or in
operations directly connected therewith.
3. Any Member may exempt vessels registered in its territory from the
application of this Convention while such vessels are exclusively engaged
in voyages upon which they do not proceed further from the country from
which they trade than the nearby ports of neighbouring countries within
geographical limits which-
(a) are clearly specified by national laws or regulations;
(b) are uniform in respect of the application of all the
provisions of this Convention;
(c) have been notified by the Member when registering its
ratification by a declaration annexed thereto; and
(d) have been fixed after consultation with the other Members
concerned.
Article 2
For the purpose of this Convention the following expressions have the
meanings hereby assigned to them:
(a) "tons" means gross registered tons;
(b) "officer" means a person other than a master ranked as an
officer by national laws or regulations, collective agreement or custom;
(c) "rating" means a member of the crew other than an officer;
(d) "hours of work" means time during which a member of the crew
is required by the orders of a superior to do any work on account of the
vessel or the owner, or to be at the disposal of a superior outside the
crew's quarters.
PART II. HOURS OF WORK
Article 3
This part of this Convention does not apply to-
(a) officers in charge of departments who do not keep watch;
(b) wireless operators and telephonists;
(c) pilots;
(d) doctors;
(e) nursing staff exclusively engaged on nursing duties or
hospital staff;
(f) persons working exclusively on their own account;
(g) persons remunerated exclusively by a share of profits;
(h) 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;
(i) travelling dockers;
(j) crews consisting entirely of members of the family, as defined
by national laws or regulations, of the owner of the vessel.
Article 4
1. In vessels of over 2000 tons the hours of work at sea and on
arrival and sailing days of deck ratings whose time is divided into
watches shall not exceed eight in the day nor shall they exceed fifty-six
in the week.
2. In vessels of over 700 tons the hours of work at sea and on arrival
and sailing days of deck ratings employed as day workers shall not exceed
eight in the day nor shall they exceed forty-eight in the week.
3. Hours in excess of the limits prescribed in paragraphs 1 and 2 may
be worked on arrival and sailing days. Whether or not such hours are to be
worked and where such hours are allowed the conditions under which they
may be worked shall be determined by national laws or regulations or
collective agreements.
Article 5
1. In vessels of over 700 tons the hours of work at sea and on arrival
and sailing days of engine-room and stokehold ratings whose time is
divided into watches shall not exceed eight in the day nor shall they
exceed fifty-six in the week. Provided that extra time may be worked for
the normal relieving of watches and the hoisting and dumping of ashes.
2. In vessels of over 700 tons the hours of work at sea and on arrival
and sailing days of engine-room and stokehold ratings employed as day
workers shall not exceed eight in the day nor shall they exceed
forty-eight in the week.
3. Hours in excess of the limits prescribed in paragraphs 1 and 2 may
be worked on arrival and sailing days. Whether or not such hours are to be
worked and where such hours are allowed the conditions under which they
may be worked shall be determined by national laws or regulations or
collective agreements.
Article 6
1. In vessels of over 2000 tons the hours of work at sea and on
arrival and sailing days of deck officers shall not exceed eight in the
day nor shall they exceed fifty-six in the week.
2. Provided that one additional hour per day may be worked at sea and
on arrival and sailing days for navigational or clerical purposes.
3. Provided also that additional hours may be worked occasionally when
the master deems it necessary to order two officers to keep watch
simultaneously, so however that in no case shall any officer be required
in virtue of this paragraph to work more than twelve hours in any day.
4. In vessels of over 700 tons the hours of work at sea and on arrival
and sailing days of deck officers employed as day workers shall not exceed
eight in the day nor shall they exceed forty-eight in the week.
5. Hours in excess of the limits prescribed in paragraphs 1 and 4 may
be worked on arrival and sailing days. Whether or not such hours are to be
worked and where such hours are allowed the conditions under which they
may be worked shall be determined by national laws or regulations or
collective agreements.
6. The provisions of this Article apply to apprentices and cadets in
the deck department.
Article 7
1. In vessels required under Article 16 to carry three or more
engineer officers the hours of work of such officers at sea and on arrival
and sailing days shall not exceed eight in the day nor shall they exceed
fifty-six in the week.
2. In vessels of over 700 tons the hours of work at sea of engineer
officers employed as day workers shall not exceed eight in the day nor
shall they exceed forty-eight in the week.
3. The provisions of this Article apply to apprentices and cadets in
the engine-room department.
Article 8
1. In vessels to which this Convention applies the following
provisions shall apply to deck, engine-room and stokehold ratings and to
deck and engineer officers, including apprentices and cadets in the deck
and engine-room departments, whenever sea watches are suspended in any
port:
(a) hours of work shall not exceed eight in the day nor shall they
exceed forty-eight in the week;
(b) the weekly rest day shall be observed and on that day no work
shall be required except as overtime or for the purpose of ordinary
routine and sanitary duties, and work required for the purpose of such
duties to be included in the weekly limit of forty-eight hours;
(c) exceptions to these provisions may be made in accordance with
national laws or regulations or collective agreement in the case of
ratings required for the safety of the vessel or persons on board or for
the preservation of the cargo.
2. Sea watches shall normally be suspended if the vessel is expected
to stay in the port for more than twenty-four hours following its arrival,
unless in the judgement of the master the safety of the vessel would be
prejudiced thereby.
3. If sea watches are maintained in port, all time worked in excess of
the limits of hours prescribed by or permitted under paragraph 1 of this
Article shall, except in the case of-
(a) watches maintained for the safety of the vessel; and
(b) watches worked within twelve hours after arrival or within
twelve hours before sailing, be regarded as overtime for which the rating
or officer shall be entitled to be compensated.
Article 9
1. In all vessels to which this Convention applies in respect of which
there is in force-
(a) a safety certificate issued in accordance with the provisions
of the International Convention for the Safety of Life at Sea for the time
being in force; or
(b) a passenger certificate,
the hours of work at sea of ratings in the catering and clerical
departments shall be so arranged as to ensure to each such rating not less
than twelve hours' rest during any period of twenty-four hours, including
a rest period of at least eight consecutive hours.
2. In all vessels to which this Convention applies, other than vessels
in respect of which there is in force one of the certificates referred to
in the preceding paragraph, the hours of work at sea and on arrival and
sailing days of ratings in the catering and clerical departments shall not
exceed ten in the day.
3. In all vessels to which this Convention applies the hours of work
in port of ratings in the catering and clerical departments shall not
exceed eight in the day, subject to such exceptions as may be permitted by
national laws or regulations.
Article 10
1. Ratings and deck and engineer officers including apprentices and
cadets may be required to work in excess of the limits of hours prescribed
by or permitted under the preceding Articles of this Part of this
Convention, subject to the conditions that-
(a) all such time worked shall be regarded as overtime for which
they shall be entitled to be compensated; and
(b) there shall be no consistent working of overtime.
2. The manner or rate or rates of such compensation shall be
prescribed by national laws or regulations or be fixed by collective
agreement.
Article 11
1. No rating under the age of sixteen years shall work at night.
2. For the purpose of this Article the expression "night" means a
period of at least nine consecutive hours between times before and after
midnight to be prescribed by national laws or regulations.
Article 12
The provisions of this Part of this Convention do not apply to-
(a) work which the master deems to be necessary and urgent for the
safety of the vessel, cargo, or persons on board;
(b) work required by the master for the purpose of giving
assistance to other vessels or persons;
(c) musters, fire, lifeboat and similar drills of the kind
prescribed by the International Convention for the Safety of Life at Sea
for the time being in force;
(d) extra work resulting from the sickness of or from injury to
any officer or rating or from any unforeseeable reduction in the number of
officers or ratings in the course of the voyage;
(e) extra work for the purpose of customs, quarantine or other
health formalities;
(f) work by officers for the determination of the position of the
vessel at noon.
PART III. MANNING
Article 13
Every vessel of over 700 tons shall be sufficiently and efficiently
manned for the purposes of-
(a) safety of life at sea; and
(b) making possible the application of the rules relating to hours
set forth in Part II of this Convention,
and more particularly every such vessel shall comply with the minimum
requirements as to manning set forth in this Part of this Convention.
Article 14
1. In vessels of over 700 but not exceeding 2000 tons there shall be
carried at least two certificated deck officers in addition to the master.
2. In vessels of over 2000 tons there shall be carried at least three
certificated deck officers in addition to the master.
Article 15
1. In vessels of over 700 tons the number of deck ratings carried
shall be sufficient to allow of three ratings being available for each
navigational watch.
2. In particular, the following minimum numbers of ratings shall be
carried:
(a) in vessels of over 700 but not exceeding 2000 tons: six;
(b) in vessels of over 2000 tons: nine or such larger number as
may be prescribed by national laws or regulations or fixed by collective
agreement.
3. The following minimum numbers of the ratings required to be carried
by paragraph 2 shall comply with the conditions as to physical capacity
and efficiency stated in paragraph 4:
(a) in vessels of over 700 but not exceeding 2000 tons: four;
(b) in vessels of over 2000 tons: five or such larger number as
may be prescribed by national laws or regulations or fixed by collective
agreement.
4. The conditions as to physical capacity and efficiency to be
fulfilled by certain ratings in accordance with paragraph 3 are that each
such rating-
(a) is eighteen years of age; and
(b) either has had at least three years' sea service on deck or
holds a certificate, issued by the competent authority, that his standard
of efficiency is equal to that of the average rating who has had three
years' sea service on deck.
5. National laws or regulations or collective agreement shall limit
the number of ratings with less than one year's sea service on deck who
may be counted as deck ratings for the purpose of satisfying the
requirements of this Article.
6. No rating signed on in a dual capacity whose services may be
required in any department other than the deck department shall be counted
as a deck rating for the purpose of satisfying the requirements of this
Article.
7. Whether or not a wireless operator or telephonist is to be
considered as belonging to the deck department for the purpose of the
preceding paragraph shall be determined by national laws or regulations or
collective agreement.
Article 16
1. In vessels to which this Article applies at least three
certificated engineer officers shall be carried.
2. This Article applies either-
(a) to vessels of over 700 tons; or
(b) to vessels with engines exceeding 800 indicated horse-power,
according as a tonnage or horse-power criterion is prescribed by
national laws or regulations.
3. Provided that any Member may postpone the application of this
Article for a period not exceeding five years from the coming into force
of this Convention in the case of existing vessels not exceeding 1500 tons
or with engines not exceeding 1000 indicated horse-power according as the
Member applies the tonnage or horse-power criterion.
Article 17
If in the course of a voyage as a result of death, accident or any
other cause a vessel ceases to have available the number of officers or
ratings required by the preceding Articles the master shall make up the
deficiency at the first reasonable opportunity.
PART IV. GENERAL PROVISIONS
Article 18
The shipowners', officers' and seamen's organizations concerned shall,
so far as is reasonable and practicable, be taken into consultation in the
framing of all laws or regulations for giving effect to the provisions of
this Convention.
Article 19
1. Each Member which ratifies this Convention shall be responsible for
the application of its provisions to vessels registered in its territory
and shall maintain in force national laws or regulations which-
(a) determine the respective responsibilities of the shipowner and
the master for ensuring compliance therewith;
(b) prescribe adequate penalties for any violation thereof;
(c) provide for adequate public supervision of compliance with
Part III before a vessel leaves a home port on an international voyage;
(d) require the keeping of records of all overtime worked in
pursuance of Article 10 and of the compensation granted in respect
thereof; and
(e) ensure to seamen the same remedies for recovering extra
payments in respect of overtime as they have for recovering other arrears
of wages.
2. In any case in which it comes to the knowledge of the competent
authority of a port that a vessel registered in a territory for which this
Convention is in force in virtue of ratification by another Member is not
carrying the number of officers and ratings required by Part III of this
Convention the said authority shall so notify the consul of the said
Member.
Article 20
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 21
1. Vessels existing at the date of the coming into force of this
Convention in respect of which the competent authority of the territory of
registration is satisfied, after consulting the organizations interested,
that the circumstances are such that the provision of fresh accommodation
or other permanent equipment necessary for an increased crew is not
reasonably possible may be exempted from the application of the
Convention.
2. Such exemption shall be granted by the issue of an exemption
certificate, which shall be carried on the vessel, exempting the said
vessel from such of the requirements of this Convention as are specified
in the said certificate.
3. Exemption certificates shall not be issued for a period exceeding
four years at a time.
4. Every Member taking advantage of the provisions of this Article
shall communicate to the International Labour Office in its annual report
upon the application of this Convention-
(a) the texts of all laws and regulations relating to the grant of
exemption under this Article;
(b) particulars as to the number of vessels and total tonnage in
respect of which exemption certificates are for the time being in force;
and
(c) any observations as to the grant of exemption made by the
shipowners', officers' and seamen's organizations concerned.
PART V. FINAL PROVISIONS
Article 22
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 be 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 23
The formal ratifications of this Convention shall be communicated to
the Director-General of the International Labour Office for registration.
Article 24
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 a mercantile marine tonnage of not less than one million tons.
3. Thereafter, this Convention shall come into force for any Member
six months after the date on which its ratification has been registered.
Article 25
As soon as the ratifications of five of the Members mentioned in the
second paragraph of Article 24 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 26
1. 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.
2. Each Member which has ratified this Convention and which does not,
within the year following the expiration of the period of five years
mentioned in the preceding paragraph, exercise the right of denunciation
provided for in this Article, will be bound for another period of five
years and, thereafter, may denounce this Convention at the expiration of
each period of five years under the terms provided for in this Article.
Article 27
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 28
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 26 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 29
The French and English texts of this Convention shall both be
authentic.
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