ABS 164-2009 GUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION 2006《2006年国际劳工组织海上劳工协定的指导性说明》.pdf

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1、 Guidance Notes on the ILO Maritime Labor Convention 2006 GUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 MAY 2009 (Updated October 2010 see next page) American Bureau of Shipping Incorporated by Act of Legislature of the State of New York 1862 Copyright 2009 American Bureau of Shipping A

2、BS Plaza 16855 Northchase Drive Houston, TX 77060 USA Updates October 2010 consolidation includes: May 2009 version plus Notice No. 1 ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009 iii Foreword Foreword The International Labour Organization (ILO) is the United Nations (UN) speci

3、alized tripartite agency which brings together governments, employers and workers of its member states in common action to promote decent work conditions throughout the world. Within the maritime sphere, the ILO provides legal instruments aimed at protecting and improving seafarers working condition

4、s, the most recent being the International Labour Organization Maritime Labour Convention, 2006 (the Convention) which was adopted during the 94th Session of the ILO on February 23, 2006. The Convention provides the, as yet, most comprehensive code regarding seafarers rights, and the obligations of

5、States and shipowners with respect to these rights. The Convention incorporates the fundamental principles of many ILO Conventions and brings together and updates standards of 68 existing ILO instruments (Conventions and Recommendations) into one document. These ABS Guidance Notes on the ILO Maritim

6、e Labour Convention, 2006 are intended to assist shipowners and operators to understand the requirements of the Convention and provide relevant examples for addressing these requirements within a companys management system. These Guidance Notes include: Background on the development of the Conventio

7、n and an explanation of its structure Text of Regulations and mandatory requirements (Part A of the Convention) addressed in the 14 areas of the maritime standards or shipowners procedures and/or processes listed in the Declaration of Maritime Labour Compliance (DMLC) Summary of various methods of a

8、chieving compliance with each requirement (Regulation and Code, Part A), considering the elements of Part B and supplemented, when necessary, by guidance based on ABS interpretation of the intent of the Part A requirements. Examples of manuals and procedures that the shipowner could develop, togethe

9、r with associated records related to the Convention Example of a completed DMLC, Part II The body of these ABS Guidance Notes is structured as a set of informational blocks. As illustrated in Figure 1, the first block of each set identifies the Standards (Part A) of the Code, which is the mandatory

10、section of the Convention. The next block contains methods to achieve compliance, which includes guidance from Part B of the Code, and supplementary ABS guidance. The guidance provided by ABS is ABS interpretation of Part A and is intended solely for supplemental interpretation purposes. This inform

11、ation should not be treated as, or relied on as, an authority with regard to this subject matter. The last two blocks in the set contain examples of types of procedures and records to demonstrate compliance with the Regulations. iv ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009

12、FIGURE 1 Structure of the Guidance for Each Standard TITLE # Any of the Five Titles that Compose the Maritime Labour Convention STD. 1.1.1 Any of the Provisions or Standards within each Regulation Mandatory This block is a textual copy of Part A of the standard cited above (in this case 1.1.1). Meth

13、ods to Achieve Compliance Provides guidance to the shipowner to achieve compliance with the Mandatory provision or standard cited above. Relevant guidance given in Part B of the Code may be included in this section in addition to suggestions put forth by ABS. Sample Procedures Gives examples of proc

14、edures that the shipowner could develop and implement as part of its labor management system to facilitate compliance with the Convention. Sample Records Gives examples of records that the shipowner could consider keeping in order to demonstrate compliance. ABS offers these Guidance Notes to the mar

15、itime industry as a tool intended to assist in developing, implementing, and maintaining marine labor management practices on board all applicable vessels worldwide in accordance with the requirements of the Maritime Labour Convention. Guidance on the assessment criteria and measurement methodology

16、for obtaining the optional ABS Maritime Labour Convention (MLC) Accommodation (ACCOM) notation (MLC-ACCOM) is provided in the ABS Guide for Compliance with the ILO Maritime Labour Convention, 2006 Title 3 Requirements. ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009 v Table of Co

17、ntents GUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 CONTENTS SECTION 1 Introduction 1 1 Background1 1.1 Purpose.1 1.2 Applicability .1 1.3 Objectives .2 1.4 The International Labour Organization (ILO).2 1.5 Maritime Labour Convention, 2006 .2 1.6 Convention Makeup 3 1.7 Declaration of

18、Maritime Labour Compliance (DMLC) and the Maritime Labour Certificate 3 1.8 Shipowner Requirements5 1.9 Certification .6 1.10 Flag State Inspections and the Convention.8 1.11 Port State Control and the Convention8 1.12 ILO Guidelines for Flag State Inspections and for Port State Control Officers Car

19、rying Out Inspections under the Convention10 FIGURE 1 Interrelation between the Convention, the Shipowners Labor Management System, and the Declaration of Maritime Labour Compliance (DMLC) 5 FIGURE 2 Certification Process Flowchart .7 SECTION 2 Guidance Notes on the ILO Maritime Labour Convention, 2

20、006 .11 1 Structure of these Guidance Notes11 2 References and Examples in these Guidance Notes11 3 Exclusions from these Guidance Notes.12 TABLE 1 Convention Areas Subject to Flag State Certification and/or Inspection .13 vi ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009 SECTIO

21、N 3 Maritime Labour Convention Titles and Guidance . 15 1 Guidance for Each Regulation.15 1.1 Detailed Index of Guidance for Each Regulation.15 FIGURE 1 Structure of the Guidance for Each Standard16 TITLE 1: Minimum Requirements for Seafarers to Work on a Ship .17 REG. 1.1 Minimum age .17 REG. 1.2 M

22、edical certificate 22 REG. 1.3 Training and qualifications .33 REG. 1.3 Training and qualifications .34 REG. 1.4 Recruitment and placement .35 References 52 TITLE 2: Conditions of Employment.53 REG. 2.1 Seafarers employment agreements 53 REG. 2.2 Wages63 REG. 2.3 Hours of work and hours of rest.72 R

23、EG. 2.7 Manning levels.87 References 91 TITLE 3: Accommodation, Recreational Facilities, Food and Catering92 REG. 3.1 Accommodation and recreational facilities.92 REG. 3.2 Food and catering121 References 130 TITLE 4: Health Protection, Medical Care, Welfare and Social Security Protection.131 REG. 4.

24、1 Medical care on board ship and ashore.131 REG. 4.3 Health and safety protection and accident prevention140 References 158 TITLE 5: Compliance and Enforcement .161 REG. 5.1.5 Flag State responsibilities On-board complaint procedures.161 References 166 SECTION 4 Additional Guidance to Regulation 3.1

25、: Accommodation and Recreational Facilities 167 1 Accommodation and Recreational Facilities167 1.1 Labor Management System versus Engineering Design Requirements167 1.2 Engineering Design Requirements for Accommodations and Recreational Facilities 168 1.3 References193 TABLE 1 General Items Checkshe

26、et 169 TABLE 2 Berthing Requirements Checksheet 174 TABLE 3 Vibration/Noise Requirements Checksheet.179 ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009 vii TABLE 4 Food Service Areas (Mess) Requirements Checksheet 181 TABLE 5 Sanitary Spaces Requirements Checksheet .183 TABLE 6 L

27、ighting Requirements Checksheet.186 TABLE 7 Ventilation/Heating Requirements Checksheet .187 TABLE 8 Recreation Requirements Checksheet188 TABLE 9 Laundry Requirements Checksheet 190 TABLE 10 Medical Requirements Checksheet .191 SECTION 5 Inspection without Certification .195 1 Mandatory Inspection

28、Requirements within the Convention.195 TITLE 2: Conditions of Employment.196 REG. 2.4 Entitlement to leave .196 REG. 2.5 Repatriation .199 TITLE 4: Health Protection, Medical Care, Welfare and Social Security Protection.204 REG. 4.2 Shipowners liability .204 REG. 4.5 Social security .208 TITLE 5: Co

29、mpliance and Enforcement .211 REG. 5.1.1 Flag State responsibilities General principles. 211 APPENDIX 1 Example, Declaration of Maritime Labour Compliance (DMLC) 213 1 Declaration of Maritime Labour Compliance Part I.213 2 Declaration of Maritime Labour Compliance Part II216 APPENDIX 2 Example, Mari

30、time Labour Certificate223 APPENDIX 3 Examples of Procedural Topics Shipowners May Consider for Implementing the Requirements of the Maritime Labour Convention, 2006 227 1 Company Manuals and Procedures 227 APPENDIX 4 Definitions.231 1 Definitions 231 APPENDIX 5 Abbreviations and Acronyms .239 viii

31、ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009 APPENDIX 6 Cross-references Between Maritime Labour Convention and Selected Flag State Regulations. 241 1 Background241 1.1 Purpose.241 Regulation 1.1 Minimum age .242 Regulation 1.2 Medical certificate244 Regulation 1.3 Training an

32、d qualifications.246 Regulation 1.4 Recruitment and placement.252 Regulation 2.1 Seafarers employment agreements255 Regulation 2.2 Wages260 Regulation 2.3 Hours of work and hours of rest 264 Regulation 2.4 Entitlement to leave .266 Regulation 2.5 Repatriation .267 Regulation 2.7 Manning levels.270 R

33、egulation 3.1 Accommodation and recreational facilities 273 Regulation 3.2 Food and catering276 Regulation 4.1 Medical care on board ship and ashore 278 Regulation 4.2 Shipowners liability .282 Regulation 4.3 Health and safety protection and accident prevention284 Regulation 4.5 Social security291 R

34、egulation 5.1.1 General principles293 Regulation 5.1.5 Flag State responsibilities On-board complaint procedures 296 ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009 1 Section 1: Introduction SECTION 1 Introduction 1 Background 1.1 Purpose The purpose of these ABS Guidance Notes o

35、n the ILO Maritime Labour Convention, 2006 is to assist shipowners and operators in understanding the requirements contained within the International Labour Organizations Maritime Labour Convention, 2006 (the Convention) and provide relevant examples for incorporating these requirements into a compa

36、nys management system (MS). In some cases, if the shipowner has delegated responsibility for operation of the ship to another company, that company is then responsible for maintaining and complying with the requirements of the Convention. In these Guidance Notes, shipowner and company are to be cons

37、idered synonymous. 1.2 Applicability Except as expressly provided otherwise, this Convention applies to all ships (and the seafarers on that ship), whether publicly or privately owned, ordinarily engaged in commercial activities. It defines a seafarer as any person who is employed or engaged or work

38、s in any capacity on board a ship. The Convention does not apply to ships engaged in fishing or in similar pursuits; ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply; and ships of traditional build such

39、 as dhows and junks. The Convention does not apply to warships or naval auxiliaries. Article II, paragraph 4 In the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each ILO Member State aft

40、er consultation with the shipowners and seafarers organizations concerned. Article II, paragraph 5 Where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code referred to in Article VI, paragraph 1, to a ship or par

41、ticular categories of ships flying the flag of the Member, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made

42、in consultation with the shipowners and seafarers organizations concerned and may only be made with respect to ships of less than 200 gross tonnage not engaged in international voyages. Article II, paragraph 6 The Regulations and the provisions of Part A of the Code are mandatory. The provisions of

43、Part B of the Code are not mandatory. Article VI, paragraph 1 Section 1 Introduction 2 ABSGUIDANCE NOTES ON THE ILO MARITIME LABOUR CONVENTION, 2006 .2009 1.3 Objectives The objectives of these Guidance Notes are as follows: i) Summarize the background development and give an explanation of the make

44、up of the Convention. ii) Identify certification requirements and other shipowner obligations. iii) List the text of regulations and mandatory requirements (Part A of the Convention) addressed in the 14 areas of the maritime standards or shipowners procedures and/or processes listed in the Declarati

45、on of Maritime Labour Compliance (DMLC). iv) Suggest various methods of achieving compliance with each Regulation, considering the guidance contained in Part B of the Code. v) Suggest types of manuals and procedures that the shipowner could develop, together with associated records, to demonstrate c

46、ompliance with this Convention. vi) Provide an example of a completed DMLC, Part II. vii) Identify the five Regulations and mandatory Part A requirements in which inspections must be carried out, in addition to the inspection and certification requirements in the 14 parts of the DMLC as part of the

47、entire certification process. viii) Summarize flag State and port State control responsibilities and potential actions under the Convention 1.4 The International Labour Organization (ILO) The International Labour Organization (ILO) is the United Nations (UNs) specialized tripartite agency which brin

48、gs together governments, employers and workers of its member States in common action to promote decent work conditions throughout the world. The ILO was founded in 1919 and is the only surviving major creation of the Treaty of Versailles which brought the League of Nations into being. It became the

49、first specialized agency of the UN in 1946. The ILO develops international labor standards in the form of Conventions and Recommendations, setting minimum standards of basic labor rights: freedom of association, the right to organize, collective bargaining, abolition of forced labor, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of work-related issues. The ILO promotes the development of independent employer and workers organizations and provides training and advisory servic