28548 (Конвенции о труде в морском судоходстве), страница 6

The navigable branch is regulated first of all by the International sea organisation (IMO) which is in London and is the branch of the United Nations responsible for safety of a life in the sea and protection of a sea environment. The International Labour Organization (ILO) also is responsible for working out of labour standards for seamen worldwide.

IMO has accepted the universal concept of detailed technical rules in the form of the international diplomatic conventions which regulate safety of courts and protection of the sea environment. The governments of the countries which consist in IMO, should instal these international rules and make sure that the vessels registered under their flags observe these rules.

The main responsibility for introduction of rules IMO concerning safety of navigation and protection of the sea environment lies on the flag states (i.e. the countries in which trading vessels are registered, they can differ from the countries to which vessels actually belong).

he basic documents regulating sea safety

Further the basic international navigable conventions accepted IMOи ILO which concern safety and pollution prevention are listed.

Conventions which concern vessel activity

SOLAS (the International convention on safety of a life in the sea, 1974) lists the list of necessary minimum standards for a safe vessel construction, the capital equipment for safety (protection against a fire, navigation, saving means and radio) which are necessary onboard. This convention also demands regular checks of a vessel and release by the states of a flag of certificates of conformity.

MARPOL (the International convention on prevention of pollution from courts, 1973/1978) contains requirements on prevention of pollution which can be entailed accidents and daily activity of a vessel.

COLREG (the Convention by the international rules on prevention of collisions in the sea, 1972) describes "traffic regulation", such as the right of pass and action on prevention of collisions.

LOADLINE (the International convention on cargo waterlines, 1966) describes is minimum admissible surface board, according to a season of year and trading ways of a vessel.

ISPS (the International code of safety of a vessel and port, 2002) includes necessary requirements on safety of courts and the port equipment.

Conventions which concern activity of the navigable company

ISM (the International code by safe management, 1993) demands from the navigable companies presence of the licence for work. The companies and their vessels should pass regular checks to be convinced that the safety system exists, including sufficient procedures and communication between a vessel and its management ashore.

Conventions which works of seamen concern

STCW (the International convention under standards of training, certification and execution of watch for seamen, 1978/1995) establishes uniform standards of knowledge for seamen.

ILO 147 (the Convention on trading navigation ILO, 1976) demands from the government of the countries of presence of the effective legislation concerning work, such as business hours, the medical validity and operating conditions for seamen. It has been replaced by convention MLC 2006 (the Convention on sea work ILO, 2006).

The convention on work in sea navigation

From February, 7 till February, 23rd, 2006 in Geneva there has passed 94th (sea) session of the International conference of work. On it the Convention on work in sea navigation which inherently was summary has been accepted and should become the uniform co-ordinated certificate regulating work of seamen.

The Convention purpose – to unite in one international contract all newest standards on work on the sea, containing in a number of conventions and recommendations of the International organisation of work. The convention reconsiders 36 international contracts operating now and unifies their norms for the purpose of assistance to creation of worthy working conditions of seamen.

The summary Convention replaces almost all earlier existing sea conventions and the recommendations accepted by the International conference of work since 1920, and allows to harmonise positions of the national labour right of the different countries. It is important first of all for the transport organisations, and first of all – for sea navigation. With the advent of the international labour market of seamen when they can be employed on the ships under any flag, sea navigation has turned to the first-ever originally global branch. It to the full concerns also our country because the significant amount of the Russian seamen floats on courts under flags of other states.

Roland Ajvz (RolandIves), the manager on a problem of the human factor and external relations the ILO in Lloyd's Register, spoke about that huge work which expects the organisation, such as Lloyd's Register, which states name «the responsible organisations». As he said, estimation has shown that inspection the ILO on the bulk ship with crew from 30 persons can be tightened at 9-12 o'clock.

By its calculations, check are subject to 69 thousand courts worldwide, and more than 50 % of these inspections will spend the responsible organisations. As the responsible organisation, LLOYD'S REGISTER should protect powers of the state port control, the shipowners consisting in the Register, and the most important – to achieve conformity to norms and convention rules. The convention purpose – the decision of questions, such as the weariness reasons, industrial traumas, living conditions and work, preservation of crews and круинг

The convention has been proclaimed by the Bill about the Rights of seamen and «the fourth pillar» legislations of sea navigation along with conventions Solas, STCW and Marpol. It consists of five parts where following questions are considered:

* minimal requirements to seamen onboard a vessel;

* terms of employment;

* premises, conditions for rest, service and a food;

* health protection and social security, medical and consumer services;

* performance of requirements and monitoring behind performance

After a meeting of ministers in the beginning of June, 2006 the European ministerial council of transport has made decision to resolve to member states to ratify the convention, and on the basis of the decision of member state are invited to ratify it till the end of 2010 ». It means that member states will enter the convention directly through national legislature, instead of through the convention statement through Eurocommission instructions. Though the ILO has not established any special dates of carrying out of the convention in a life when it has accepted the convention in 2006, the requirement about its ratification by 30th member states, representing 33 % of world fleet before it will come into force is exposed.

The convention is applied (except for cases when other directly is not provided) to all courts which are in the state or private possession which are engaged in commercial sea navigation, behind an exception: the courts occupied with a fish or similar craft, and courts of traditional construction, such, as flat-bottomed boats and jonks. Convention requirements do not extend on the military and military-auxiliary ships.

The convention includes three various, but the interconnected element: Articles, Rules and the Code. In Articles and Rules the major rights and principles, and also the basic obligations of the states ratifying the Convention are listed. They can change only General conference of the International organisation of work. The code details the requirements, concerning performance of Rules. Rules and the Code are grouped in five sections.

The section I («Minimal requirements concerning work of seamen onboard a vessel») establishes the minimum norms which should be observed before seamen will start to work onboard. Seamen should be more senior the minimum age, have the health certificate certifying their suitability on a state of health to performance of the official duties, and also to have appropriate preparation and qualification. Besides, seamen should have access to effective and accurately adjustable system of a set and employment.

The section II («employment Conditions») regulates conditions of signing of the labour contract; questions of wages, duration of working hours and time of rest, annual holiday, repatriation, indemnification to seamen in case of loss or flooding of a vessel, completion of courts by crews, development of career, improvement of professional skill and possibilities for employment of seamen.

The section III («Premises, conditions for rest, a food and table service») contains the norms shown together, concerning premises for crew, questions of a food and table service. Besides, here the requirements, concerning preventions of influence of noise and vibration in industrial and residential zones are fixed.

Section IV («Health protection, health services, social service and protection in the field of social security») regulates questions of health services onboard a vessel and on coast, health protection, safety and accident preventions, access of seamen to coastal objects of social appointment, social security. Among other requirements responsibility of ship-owners for health protection and health services of seamen here is established.

The section V («Observance and performance maintenance») defines duties of the states ratifying the Convention. The section contains three key rules. The rule the first defines responsibility of the state for Convention performance on the courts floating under its flag, including an establishment of effective system of inspection and survey. The rule the second defines measures of the state port control over foreign courts in the ports. The rule the third defines duties of the states on a set and employment of seamen, and also in the field of social security of seamen which are its citizens or have a constant residence in its territory.

In comparison with the previous conventions new addition of system of survey in inspection system, increase in number of the bases for detention of foreign courts in ports and the registered procedure of consideration of complaints of seamen here is.

Essentially new in the Convention of 2006 unlike the previous sea Conventions the ILO is that:

- For the first time necessity of presence onboard a vessel of the certificate on conformity and the declaration on observance of labour norms in sea navigation that is primary acknowledgement of that a working condition and a life is proclaimed, the organisation of works on a vessel on a labour safety and performance of the labour legislation correspond or are equivalent to the Convention the ILO;

- Coming into force of the given Convention has the features which are stated in article VIII where it is told in the subparagraph «3. The present Convention comes into force in 12 months after document registration date about ratification not less than 30 member states, the general share of which gross tonnage of a merchant marine fleet makes 33 percent».

According to plan the ILO the Convention will be ratified by necessary number of participants in 2011. The European Parliament in the Instruction has urged the members to ratify the Convention in 2010.

As of May, 1st, 2009 the Convention is already ratified by five states (Liberia, the Bahamas, Marshall Islands, Panama, Norway), 40 % of world fleet possessing more. It allows to draw a conclusion that the Convention can become obligatory in 2011.

At creation of the given Convention started with basic principles and the rights in work sphere; that understanding that seamen require special protection; also took into consideration the international norms concerning safety of courts, their crews and passengers; and also aspired to that this document has been made so that in the greatest possible degree to provide its wide acceptability for the governments, ship-owners and the seamen adhering to principles of worthy work that it easily gave in to updating and that it it was possible to apply and provide its performance effectively.

In the Convention it is underlined, each seaman has the right on:

Workplace which should correspond to norms of safety;

Fair conditions of employment;

Worthy working conditions and lives onboard a vessel;

Health protection, health services, social service and other forms of social protection.

In this connection, each state-participant of the Convention should provide full realisation of the labour and social rights of the seamen specified in the given Convention.

Therefore each state ratifying the Convention, should bring the legislation into accord with it. Also it is obliged to create system of maintenance of observance of requirements of the given Convention, including regular checks, representation of reports, monitoring and legal procedures according to the applicable legislation.

It proves to be true the Certificate on conformity to labour norms in sea navigation and the Declaration on observance of labour norms in sea navigation which would correspond to the analyzed Convention.

If the vessel floats under the flag of the state which ratified the Convention it can be at any moment to be subjected inspection not only the flag state, but also other member state ratifying the Convention, at the moment of a vessel finding in one of ports, for the purpose of definition, whether are observed on this vessel of the requirement of the Convention.

For the analysis of actions of the given Convention Administrative Advice the ILO creates special committee which is allocated with powers of consideration of labour norms in sea navigation.