Сводная Конвенция

Rather new field of activity the ILO is its Program in the field of perfection of management methods by the enterprises and labour productivity increases, and also employment regulation. The ultimate goal of the Program the ILO on management of the enterprises — to promote development in heads of the enterprises of wider approach to the duties on training of the personnel and other aspects of increase of labour productivity, mastering by heads of technics of management by the modern enterprises, methods of management control and to development of progressive sights at mutual relations between administration and workers. Practical work of experts the ILO on such training, and especially supervising personnel, to safety precautions regulations and a factory hygiene has great value.

The primary goals the ILO according to its charter:

— Working out of the co-ordinated policy and the programs directed on the decision of social problems;

— Working out and acceptance of international-labour norms for realisation of the accepted policy;

— The help to member countries the ILO in the decision of problems of employment and unemployment reduction;

— Protection of labour human rights, improvement of conditions, labour safeties, mutual relations of workers with administration working out of measures on special protection in work and employment of the poorly socially protected groups of the population.

By 2001 the ILO has accepted more than 182 conventions and 190 recommendations (in Russia operate less these 1/3 of conventions). Conventions the ILO for the country, to them joined by their ratification, are obligatory for execution. The ILO supervises it. Recommendations the ILO are not subject to ratification, but their value that they often in detail explain conventions, supplement them, and recommendations the ILO on the questions which have been not provided by conventions, help with perfection of the national labour legislation. Many recommendations simply duplicate conventions, helping those countries which have not joined corresponding convention.

The basic labour human rights were, as it was specified, are fixed by United Nations certificates. These labour rights concretise certificates the ILO, for example, about a forced labour interdiction — the Convention №29 (1936) and the Convention № 105 (1957). In the convention № 29 it is developed the concept of forced labour, of the Convention № 105 is given measures on forced labour elimination, including its interdiction as a summary punishment measure are expanded.

Considerable quantity of certificates the ILO concretises positions of certificates of the United Nations about equality in work and a discrimination interdiction in work and employment (the Convention № 100, 111 and 117, etc.).

General provisions on employment of the Pact of the United Nations of 1966 and in particular about achievement by the state-participants of full productive employment, are concretised in a number of conventions and the recommendations the ILO concerning mainly to protection against unemployment of poorly protected groups of the population (invalids, women, youth, elderly, workers-migrants) or to certain branches (to agriculture, fishery, etc.). So, the Convention № 122 “About the politician in the field of employment”  (1964) proclaims the active policy of the states in assistance of the full productive and freely selected employment of able-bodied population.

In a number of certificates the ILO criteria of a wrongful dismissal are established and protection against them is provided. So, the Convention №  158 provides that dismissal is possible only in the presence of the lawful bases connected with abilities or behaviour of the worker or a recognition of manufacture by the bankrupt.

The convention the ILO № 47 “About reduction of working hours till forty o'clock in a week” in 1935 has established the international standard of working week — 40 hours as normal working hours. This standard some developed countries, for example, Fraction, under the national legislation have reduced till 39 o'clock in working week, and now it has passed for 35-hour working week. Overtime works according to certificates the ILO (the Recommendation № 116) are supposed only in certain cases and limits and are subject to additional payment.

Annual holidays paid for average earnings are established by Conventions the ILO №52 (1936) and № 132 (1970) according to which such holiday is given not less than three working weeks for every year works. In the experience on holiday it is set off both illness, and holiday on pregnancy and sorts. The convention № 14 “About weekly rest at the industrial enterprises” (1921) has established the weekly days off.

Concerning wages the ILO has accepted a number of conventions and recommendations, basically they concern establishments of the state minimum of the salary (the Convention № 131 1970), equal payment for equivalent work of the man and the woman (the Convention № 100 1951), wages protection (the Convention № 95 1949), obliging the states to provide regular payment of wages).

Especially the ILO concerning a labour safety (the safety precautions and a factory hygiene), in particular about an interdiction of use of some harmful substances (white phosphorus, benzene, etc.) in manufacture, about a labour safety of children and teenagers, the minimum age of their admission to separate kinds of work, about an interdiction of use of their work and women on underground works, about physical examination of children and teenagers for finding-out of their suitability to work in the industry is a lot of conventions and recommendations.

Recommendations № 130 are devoted an order of consideration of individual labour disputes.

Wide circulation practice of hiring and employment of seamen through intermediary (круинговые) has received the organisations.

Ratified convention No 179 about hiring and employment of seamen establishes concrete requirements to activity of such organisations (in the Convention - hiring and employment services).

In particular the Convention defines concept of competent body which means the minister, the appointed official, the governmental department or other authority, authorised to publish statutory acts, orders or the instructions having a binding force concerning hiring and employment of seamen.

By the convention it is established that the state defines conditions at which delivery of licences, certificates or similar permissions to hiring and employment service can stop or be cancelled in case of infringement of the corresponding legislation.

By the convention it is established that the competent body demands from services of hiring and employment of acceptance of the measures providing presence of means at the employer for protection of seamen from danger to appear left in difficult situation in foreign port.

The convention defines, that the competent body has created the protection mechanism, in the form of insurance or in other equivalent form, for indemnification to seamen of a monetary damage which they can incur because of default by service of hiring and employment of the obligations to them.

 

Identification cards of the seaman

 

In connection with the measures accepted on struggle against terrorism and for the purpose of increase of level of identification of the person of the seaman, Convention No 185 about identification cards of seamen is accepted.

The convention provides introduction by the states of identification cards of the seamen containing the biometric information on their owners. The certificate has the independent status and is not the passport.

 

Supervision and the control

 

By convention No147 on the minimum norms in a merchant marine fleet it is established that each Member of the Organization ratifying the present Convention, undertakes to carry out effective jurisdiction or the control over the courts registered in its territory, in the relation:

– Norms of safety, including norms concerning qualification, durations of working hours and crew completion;

– Social insurance measures;

– Working conditions and living conditions onboard a vessel.

The convention demands from the state to check by inspection that the vessels registered in its territory, answer the ratified international conventions on work, laws and rules, collective agreements.

Considering width of sphere of the control, Convention positions provide presence of "the central co-ordinating body» which should establish principles and a quality monitoring. It bears responsibility for the organisation of check of working conditions and a life of seamen on courts of the state of a flag.

 

Berbout-charter-party

 

By convention No147 on the minimum norms in a merchant marine fleet it is established that the flag state undertakes to carry out effective jurisdiction or the control over the courts registered in its territory, concerning working conditions and living conditions onboard a vessel.

The system decision of this question will demand the good analysis and preparation of offers on change of the national legislation.

 

The statistical reporting

 

Convention No134 on accident prevention covers the accidents occurred to the seaman in an operating time or connected with it. Competent bodies should take measures for that maintenance that the detailed statistical account and the analysis of the data about such accidents was carried out.

Feature of this account consists that along with the account of number, character, the reasons and consequences of accidents it is necessary to divide them on services onboard a vessel, for example: deck, machine, economic, and with instructions of a site of a vessel, for example: in the sea or in port.

Besides, the Convention demands, that competent authorities organised on the basis of this statistics working out of programs on accident prevention not only on each vessel, but also at federal level.

 

Sanitary rules and norms

 

Convention No 92 about premises for crew onboard courts establishes the requirements connected with construction, re-equipment and repair of courts.

On the statement the drawing of this vessel with instructions of placing and the general device of premises for crew is represented to competent authority.

Prior to the beginning of construction of premises for crew and before reorganisation or reconstruction of such premises on existing courts to competent authority detailed drawings and data concerning premises, arrangements of each space, placing of furniture and the equipment, an arrangement of ventilation, illumination and heating and sanitary devices are submitted for approval.

The convention demands, that in each case of changes of a premise for vessel or complaint crew from outside trade unions the competent authority examined a vessel and was convinced that premises for crew correspond to legislation requirements.

However, it is necessary to notice that operating sanitary rules for sea-crafts morally have become outdated. So in Convention No 133, on premises for crew onboard the courts, supplementing Convention No 92, additional requirements on metric area of premises and cabins for the personnel of courts, to metric area of dining rooms and acquisition by their refrigerators and other household appliances, metric area, quantity and equipment of premises for rest contain.

In connection with the above-stated, it is necessary to process corresponding sanitary rules and requirements under safety precautions for sea-crafts, and to issue them in the form of technical regulations.

 

Safety regulation at the international level

 

Trading navigation is one of the most adjustable branches and was one of the first branches which have applied the international standards in sphere of safety.

Recommendations about safety of navigation are developed at world level. As navigation is the international branch, it is necessary, that it was exposed to uniform regulation on such questions, as vessel construction standards, navigating rules, standards of qualification of crews.

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.