28548 (Конвенции о труде в морском судоходстве), страница 7

The committee includes on two representatives from each member state Conventions, and also representatives of ship-owners and the seamen, appointed Administrative council after consultations of the Parity sea commission.

Those states which yet did not ratify the Convention, can take part in committee work, but have no right to vote on one of questions.

Requirements to work of the seamen, provided in the present Convention

• Restrictions on the maximum age the Convention does not establish the Minimum age which makes 16 years,

• Work seamen by whom 18 years were not executed yet Is forbidden at night,

• If work can threaten health or safety of the seaman it is forbidden to involve in it of persons, 18 years are younger,

• Seamen are not supposed to work onboard a vessel without physical examination,

• The seamen who have done not pass vocational training are not supposed to work or have not received the diploma (certificate), certifying their competence, or otherwise not confirmed the qualification allowing them to carry out the duties.

• The Services which are engaged in employment of seamen and selection of the personnel, should correspond the requirements, shown to them the analyzed Convention.

• If there are the private organisations which are engaged in employment of seamen and selection of the personnel they should take place without fail licensing or certifications, according to requirements of the Convention and the local legislation.

• Thus the Convention enters an interdiction for payment in full or in part commission or other costs for employment and employment, or for workplace granting, except for expenses which the seaman bears in connection with reception of the health certificate provided by the national legislation, national book of the seaman and passport or other similar personal travel papers (expenses on payment of visas the ship-owner bears),

• Employment Services should conduct without fail and constantly update the list of all seamen, employment and which employment have been provided by them, this list should be accessible to competent body to check (the list should contain: the data about qualification of seamen; the data about the work experience; the personal data, concerning works on hiring; the medical data concerning work on hiring);

At contract signing it is necessary to trace, that seamen have attentively familiarised with the labour contract and understood the rights and duties; that the given labour contracts corresponded to the legislation and the Convention,

Whether • Services on employment should in process of forces and possibilities to check possesses the ship-owner means for maintenance of protection of seamen from danger to appear without means of support in foreign port;

• Also services on employment should trace obligatory insurance or other equivalent form with a view of indemnification to seamen of a monetary damage which they can incur as a result of default by service of hiring and employment of the obligations to seamen or the corresponding ship-owner of the obligations to seamen according to the labour contract.

• Behind all services of hiring strict supervision is established. All licences or certificates, or similar forms of the permission to realisation of activity of services on employment are given or renew only after check of that the corresponding service of hiring and employment of seamen meets the requirements national of the legislation and standard legal certificates.

• Also specially appointed competent body should have possibility for investigation, in case of need, the complaints, services of hiring concerning to activity and employment of seamen, with attraction, depending on circumstances, representatives of ship-owners and seamen,

The state ratifying the Convention, should provide possibility to the citizens to familiarise with the possible problems, connected with employment on a vessel floating under the flag of the state which did not ratify the present Convention while it will not be convinced that the norms equivalent to what are established in the present Convention are applied.

The service of a set and employment of seamen, should cover following questions:

1) Physical examination of seamen,

2) Maintenance and conducting the list of seamen,

3) Maintenance and updating of the list of courts for which seamen steal up,

4) The prevention of possible operation of seamen,

5) The exhaustive list of expenses which are probable for employment of seamen,

6) Creation of system of informing of seamen about a possible place of work and about given conditions,

7) The mechanism of check of the documents given at employment,

8) Maintenance of check of documents and regulations onboard a vessel where employ seamen.

Thus member states Conventions should communicate regularly about sea branch as a whole and about a labour market, in particular, about development of the sea labour legislation to co-ordinate a policy and the legislation in the field of hiring and the labour legislation.

The labour contract of the seaman should contain:

1) A surname, a name and a patronymic of the seaman, date of its birth or age and a place of its birth;

2) A name and the address of the ship-owner;

3) A place and date of a conclusion of employment agreement of the seaman;

4) A post on which the seaman is employed;

5) The size of wages of the seaman or, there, where it is applicable, - the formula used for its calculation;

6) The size of payment of annual holiday or, there, where it is applicable, - the formula used for its calculation;

7) Term and conditions of cancellation of the contract, including:

• If the contract is concluded without day - the conditions giving

• The right of any of the parties to terminate it, and also term for the notice about

• Cancellation provided that such term will not be shorter for

• The ship-owner, than for the seaman;

• If the contract is concluded for certain term - exact date

• The contract expiry of the term; and

• If the contract is concluded on one flight - port of destination and

• Time which should expire after the arrival in port, before the seaman

• Can be written off from a vessel;

• Health services and social security benefits,

• Given to the seaman the ship-owner;

• The right of the seaman to repatriation;

• The reference to the collective agreement if it is applicable;

• Any other data demanded according to the national legislation.

Conclusion

Thus, summing up the analysis of the international legislation, it is possible to draw a conclusion that the main value of the summary Convention that is the uniform certificate containing all norms in the field of sociolabor relations in sea navigation. It represents the accurate and universal collection of the rights and duties on labour and to social problems for all sea sector. Thus the Convention supposes certain flexibility at national level concerning concrete methods of realisation of the rights of seamen.

The requirement of obligatory observance of technical standards and aggravation of the international competition have led to that working conditions of seamen became the basic point of comparative advantage to the majority of the navigable companies.

The summary Convention covers all spectrum of the sociolabor relations inherent in sea navigation. She establishes requirements to age, a state of health and vocational training of the seaman, to its qualification, to set and employment system, to the basic conditions of employment (a wages, holiday, repatriation), to conditions of the industrial environment, to premises and conditions for rest onboard a vessel, to a food, to table, medical and social service, to social security.

In the Convention mechanisms of the control of observance and maintenance of its performance with the state of a flag of a vessel and the state of port within the limits of procedures of the port control are defined.

The unique minus which can be found now is a correlation of the given Convention with the national legislation. But as it will occur, practice will show only.

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