GB.270/LILS/7 - Governing Body

ILO is a specialized agency of the United Nations

GB.270/LILS/7
270th Session
Geneva, November 1997

Committee on legal lssues and International Labour Standards

LILS

SEVENTH ITEM ON THE AGENDA

Forms for reports on the application of
ratified Conventions (article 22 of the Constitution)

Labour Inspection (Seafarers) Convention, 1996 (No. 178),
Recruitment and Placement of Seafarers Convention, 1996 (No. 179),Seafarers' Hours of Work and the Manning of Ships Convention,
1996 (No. 180),
Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976,
Private Employment Agencies Convention, 1997 (No. 181)

1. In accordance with the usual practice, the Committee is requested to examine the draft forms to be used as a basis for the reports on the above instruments which the governments of ratifying States will be required to submit under article 22 of the Constitution of the ILO. The draft forms are appended.

2. The text of the Recommendations which supplement the above Conventions will be appended to the corresponding report forms with an explanatory note.

3. The Committee is invited to decide on the report forms for:

(a) the Labour Inspection (Seafarers) Convention, 1996 (No. 178);

(b) the Recruitment and Placement of Seafarers Convention, 1996 (No. 179);

(c) the Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180)

(d) the Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976;

(e) the Private Employment Agencies Convention, 1997 (No. 181); and to submit them to the Governing Body for approval.

Geneva, 24 October 1997.

Point for decision:

Paragraph 3.

Appendix I

Appl. 22.178
178, Labour Inspection (Seafarers), 1996

International Labour Office

Report form for the Labour Inspection (Seafarers)
Convention, 1996 (No. 178)

The present report form is for the use of countries which have ratified the Convention. It has been approved by the Governing Body of the International Labour Office, in accordance with article 22 of the ILO Constitution, which reads as follows: "Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request."

* * *

The Government may deem it useful to consult the appended text of the Labour Inspection (Seafarers) Recommendation, 1996 (No. 185), the provisions of which supplement the present Convention and can contribute to a better understanding of its requirements and facilitate its application.

Practical guidance for drawing up reports

First reports

If this is your Government's first report following the entry into force of the Convention in your country, full information should be given on each of the provisions of the Convention and on each of the questions set out in the report form.

Subsequent reports

In subsequent reports, information need normally be given only:

(a) on any new legislative or other measures affecting the application of the Convention;

(b) in reply to the questions in the report form on the practical application of the Convention (for example, statistics, results of inspections, judicial or administrative decisions) and on the communication of copies of the report to the representative organizations of employers and workers and on any observations received from these organizations;

(c) in reply to comments by the supervisory bodies: the report must contain replies to any comments regarding the application of the Convention in your country which may have been made by the Committee of Experts on the Application of Conventions and Recommendations or by the Conference Committee on the Application of Standards.

Article 22 of the Constitution of the ILO

Report for the period ........................................ to...........................................
made by the Government of ..............................................................................

on the

Labour Inspection (Seafarers) Convention, 1996 (No. 178)
(ratification registered on .......................................)

I. Please give a list of laws and regulations, etc., which apply the provisions of the Convention. Where this has not already been done, please forward copies of these texts to the International Labour Office with this report.

Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit, or as a result of, ratification.

II. Please indicate in detail for each of the following Articles of the Convention the provisions of the above-mentioned laws and regulations, etc., or other measures, which give effect to each Article.

If in your country ratification of the Convention gives the force of national law to its provisions, please indicate by virtue of what constitutional texts the ratification has had this effect. Please also specify what action has been taken to implement those provisions of the Convention which require the competent authority or authorities to take action, such as a definition of its exact scope and the institution of indispensable practical measures and procedures to apply it.

If the Committee of Experts or the Conference Committee on the Application of Standards has requested additional information or has made an observation on the measures adopted to apply the Convention, please supply the information asked for or indicate the action taken by your Government to settle the points in question.

Part I. Scope and definitions
Article 1 1.

Except as otherwise provided in this Article, this Convention applies to every seagoing ship, whether publicly or privately owned, which is registered in the territory of a Member for which the Convention is in force and is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose. For the purpose of this Convention, a ship that is on the register of two Members is deemed to be registered in the territory of the Member whose flag it flies.

2. National laws or regulations shall determine which ships are to be regarded as seagoing ships for the purpose of this Convention.

3. This Convention applies to seagoing tugs.

4. This Convention does not apply to vessels less than 500 gross tonnage and, when not engaged in navigation, vessels such as oil rigs and drilling platforms. The decision as to which vessels are covered by this paragraph shall be taken by the central coordinating authority in consultation with the most representative organizations of shipowners and seafarers.

5. To the extent the central coordinating authority deems it practicable, after consulting the representative organizations of fishing vessel owners and fishermen, the provisions of this Convention shall apply to commercial maritime fishing vessels.

6. In the event of any doubt as to whether or not any ships are to be regarded as engaged in commercial maritime operations or commercial maritime fishing for the purpose of this Convention, the question shall be determined by the central coordinating authority after consulting the organizations of shipowners, seafarers and fishermen concerned.

7. For the purpose of this Convention:

(a) the term "central coordinating authority" means ministers, government departments or other public authorities having power to issue and supervise the implementation of regulations, orders or other instructions having the force of law in respect of inspection of seafarers' working and living conditions in relation to any ship registered in the territory of the Member;

(b) the term "inspector" means any civil servant or other public official with responsibility for inspecting any aspect of seafarers' working and living conditions, as well as any other person holding proper credentials performing an inspection for an institution or organization authorized by the central coordinating authority in accordance with Article 2, paragraph 3;

(c) the term "legal provisions" includes, in addition to laws and regulations, arbitration awards and collective agreements upon which the force of law is conferred;

(d) the term "seafarers" means persons who are employed in any capacity on board a seagoing ship to which the Convention applies. In the event of any doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the central coordinating authority after consulting the organizations of shipowners and seafarers concerned;

(e) the term "seafarers' working and living conditions" means the conditions such as those relating to the standards of maintenance and cleanliness of shipboard living and working areas, minimum age, articles of agreement, food and catering, crew accommodation, recruitment, manning, qualifications, hours of work, medical examinations, prevention of occupational accidents, medical care, sickness and injury benefits, social welfare and related matters, repatriation, terms and conditions of employment which are subject to national laws and regulations, and freedom of association as defined in the Freedom of Association and Protection of the Right to Organise Convention, 1948, of the International Labour Organization.

Paragraph 2.Please indicate which ships are to be regarded as seagoing ships for the purpose of this Convention.

Paragraph 4.Please indicate the consultations which have been held in conformity with this paragraph.

Paragraphs 5 and 6.Please indicate to what extent the provisions of this Convention apply to commercial maritime fishing, and provide information on the consultations which have been held in conformity with these paragraphs.

Paragraph 7(d).Please indicate whether any consultations have been held in conformity with this paragraph and any decisions made.

Part II. Organization of inspection
Article 2

1. Each Member for which the Convention is in force shall maintain a system of inspection of seafarers' working and living conditions.

2. The central coordinating authority shall coordinate inspections wholly or partly concerned with seafarers' working and living conditions and shall establish principles to be observed.

3. The central coordinating authority shall in all cases be responsible for the inspection of seafarers' working and living conditions. It may authorize public institutions or other organizations it recognizes as competent and independent to carry out inspections of seafarers' working and living conditions on its behalf. It shall maintain and make publicly available a list of such institutions or organizations.

Paragraph 2.Please specify the central coordinating authority, how it coordinates inspections and which ministries, government departments or other public authorities, organizations or institutions are involved.

Please indicate the established principles to be observed during inspections.

Paragraph 3.Please indicate, where applicable, which public institutions or other organizations are recognized as competent to carry out inspections of seafarers' living and working conditions and the basis on which such recognition is granted. Please provide, where applicable, a copy of any list maintained and published in this respect.

Article 3

1. Each Member shall ensure that all ships registered in its territory are inspected at intervals not exceeding three years and, when practicable, annually, to verify that the seafarers' working and living conditions on board conform to national laws and regulations.

2. If a Member receives a complaint or obtains evidence that a ship registered in its territory does not conform to national laws and regulations in respect of seafarers' working and living conditions, the Member shall take measures to inspect the ship as soon as practicable.

3. In cases of substantial changes in construction or accommodation arrangements, the ship shall be inspected within three months of such changes.

Paragraph 1.Please provide information as to the intervals at which ships are inspected and what the inspection covers (cf. Article 1, paragraph 7(e)).

Paragraph 2.Please describe the procedures for inspecting ships following a complaint.

Article 4

Each Member shall appoint inspectors qualified for the performance of their duties and shall take the necessary steps to satisfy itself that inspectors are available in sufficient number to meet the requirements of this Convention.

Please indicate (i) the number of inspectors available; (ii) whether the inspectors have any other responsibilities, e.g. maritime safety inspections, etc; and (iii) the qualifications required for these inspections.

Article 5

1. Inspectors shall have the status and conditions of service to ensure that they are independent of changes of government and of improper external influences.

2. Inspectors provided with proper credentials shall be empowered:

(a) to board a ship registered in the territory of the Member and to enter premises as necessary for inspection;

(b) to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions are being strictly observed;

(d) where they have grounds to believe that a deficiency constitutes a significant danger to seafarers' health and safety, to prohibit, subject to any right of appeal to a judicial or administrative authority, a ship from leaving port until necessary measures are taken, the ship not being unreasonably detained or delayed.

Paragraph 1.Please describe the status and conditions of service of inspectors.

Paragraph 2.Please describe the measures taken to give effect to this paragraph and, in particular, the procedures allowing a ship to be detained.

Article 6

1. When an inspection is conducted or when measures are taken under this Convention, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.

2. If a ship is unreasonably detained or delayed, the shipowner or operator of the ship shall be entitled to compensation for any loss or damage suffered. In any instance of alleged unreasonable detention or delay, the burden of proof shall lie with the shipowner or operator of the ship.

Please provide information on the provisions which give effect to this Article and, if applicable, on cases where the shipowner or the operator of the ship is entitled to compensation.

Part III. Penalties
Article 7

1. Adequate penalties for violations of the legal provisions enforceable by inspectors and for obstructing inspectors in the performance of their duties shall be provided for by national laws or regulations and shall be effectively enforced.

2. Inspectors shall have the discretion to give warnings and advice instead of instituting or recommending proceedings.

Please indicate the measures taken to give effect to this Article.

Part IV. Reports
Article 8

1. The central coordinating authority shall maintain records of inspections of seafarers' working and living conditions.

2. It shall publish an annual report on inspection activities, including a list of institutions and organizations authorized to carry out inspections on its behalf. This report shall be published within a reasonable time after the end of the year to which it relates and in any case within six months.

Please provide a copy of the annual report on inspection activities

Article 9

1. Inspectors shall submit a report of each inspection to the central coordinating authority. One copy of the report in English or in the working language of the ship shall be furnished to the master of the ship and another copy shall be posted on the ship's notice-board for the information of the seafarers or sent to their representatives.

2. In case of an inspection pursuant to a major incident, the report shall be submitted as soon as practicable but not later than one month following the conclusion of the inspection.

Please indicate the measures taken to give effect to this Article.

III. Please state to what authority or authorities the application of the above-mentioned legislation, regulations, etc., is entrusted, and by what methods such application is supervised.

IV. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

V. Please give a general appreciation of the manner in which the Convention is applied in your country and supply -- in so far as the information in question has not already been supplied in connection with other questions in this form -- extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

VI. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.⁽¹⁾ If copies of the report have not been communicated to representative organizations of employers and/or workers, or if they have been communicated to bodies other than such organizations, please supply information on any particular circumstances existing in your country which explain the procedure followed.

VII. Please indicate whether you have received from the organizations of employers or workers concerned any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention. If so, please communicate a copy of the observations received, together with any comments that you consider useful.

Labour Inspection (Seafarers) Recommendation

[Text not reproduced]

Appendix II

Appl. 22.179
179, Recruitment and Placement of Seafarers, 1996

International Labour Office

Report form for the Recruitment and Placement of Seafarers Convention, 1996 (No. 179)

* * *

The Government may deem it useful to consult the appended text of the Recruitment and Placement of Seafarers Recommendation, 1996 (No. 186), the provisions of which supplement the present Convention and can contribute to a better understanding of its requirements and facilitate its application.

Practical guidance for drawing up reports

First reports

Subsequent reports

In subsequent reports, information need normally be given only:

(a) on any new legislative or other measures affecting the application of the Convention

Article 22 of the Constitution of the ILO

on the

Recruitment and Placement of Seafarers Convention, 1996 (No. 179)
(ratification registered on ......................................)

I. Please give a list of the laws and regulations, etc., which apply the provisions of the Convention. Where this has not already been done, please forward copies of these texts to the International Labour Office with this report.

Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit, or as a result of, ratification.

Article 1

1. For the purpose of this Convention:

(a) the term "competent authority" means the minister, designated official, government department or other authority having power to issue regulations, orders or other instructions having the force of law in respect of the recruitment and placement of seafarers;

(b) the term "recruitment and placement service" means any person, company, institution, agency or other organization, in the public or the private sector, which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers;

(c) the term "shipowner" means the owner of the ship or any other organization or person, such as the manager, agent or bareboat charterer, who has assumed the responsibility for operation of the ship from the shipowner and who on assuming such responsibilities has agreed to take over all the attendant duties and responsibilities;

(d) the term "seafarer" means any person who fulfils the conditions to be employed or engaged in any capacity on board a seagoing ship other than a government ship used for military or non-commercial purposes.

2. To the extent it deems practicable, after consultation with the representative organizations of fishing-vessel owners and fishermen or those of owners of maritime mobile offshore units and seafarers serving on such units, as the case may be, the competent authority may apply the provisions of the Convention to fishermen or to seafarers serving on maritime mobile offshore units.

Paragraph 2.Please indicate to what extent the provisions of the Convention are applied to fishermen or to seafarers serving on maritime mobile offshore units, and provide information on the consultations which have been held in conformity with this paragraph.

Article 2

1. Nothing in the provisions of this Convention shall be deemed to:

(a) prevent a Member from maintaining a free public recruitment and placement service for seafarers in the framework of a policy to meet the needs of seafarers and shipowners, whether it forms part of or is coordinated with a public employment service for all workers and employers;

(b) impose on a Member the obligation to establish a system for the operation of private recruitment and placement services.

2. Where private recruitment and placement services have been or are to be established, they shall be operated within the territory of a Member only in conformity with a system of licensing or certification or other form of regulation. This system shall be established, maintained, modified or changed only after consultation with representative organizations of shipowners and seafarers. Undue proliferation of such private recruitment and placement services shall not be encouraged.

3. Nothing in this Convention shall affect the right of a Member to apply its laws and regulations to ships flying its flag in relation to the recruitment and placement of seafarers.

Paragraph 2.Please indicate the consultations which have been held in conformity with this paragraph.

Article 3

Nothing in this Convention shall in any manner prejudice the ability of a seafarer to exercise basic human rights, including trade union rights.

Article 4

1. A Member shall, by means of national laws or applicable regulations:

(a) ensure that no fees or other charges for recruitment or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer; for this purpose, costs of the national statutory medical examination, certificates, a personal travel document and the national seafarer's book shall not be deemed to be "fees or other charges for recruitment";

(b) determine whether and under which conditions recruitment and placement services may place or recruit seafarers abroad;

(c) specify, with due regard to the right to privacy and the need to protect confidentiality, the conditions under which seafarers' personal data may be processed by recruitment and placement services including the collection, storage, combination and communication of such data to third parties;

(d) determine the conditions under which the licence, certificate or similar authorization of a recruitment and placement service may be suspended or withdrawn in case of violation of relevant laws and regulations; and

(e) specify, where a regulatory system other than a system of licensing or certification exists, the conditions under which recruitment and placement services can operate, as well as sanctions applicable in case of violation of these conditions.

2. A Member shall ensure that the competent authority:

(a) closely supervise all recruitment and placement services;

(b) grant or renew the licence, certificate, or similar authorization only after having verified that the recruitment and placement service concerned meets the requirements of national laws and regulations;

(c) require that the management and staff of recruitment and placement services for seafarers should be adequately trained persons having relevant knowledge of the maritime industry;

(d) prohibit recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment;

(e) require that recruitment and placement services adopt measures to ensure, as far as practicable, that the employer has the means to protect seafarers from being stranded in a foreign port; and

(f) ensure that a system of protection, by way of insurance or an equivalent appropriate measure, is established to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service to meet its obligations to them.

Please describe the measures taken in conformity with each subparagraph of this Article.

Article 5

1. All recruitment and placement services shall maintain a register of all seafarers recruited or placed through them, to be available for inspection by the competent authority.

2. All recruitment and placement services shall ensure that:

(a) any seafarer recruited or placed by them is qualified and holds the documents necessary for the job concerned;

(b) contracts of employment and articles of agreement are in accordance with applicable laws, regulations and collective agreements;

(c) seafarers are informed of their rights and duties under their contracts of employment and the articles of agreement prior to or in the process of engagement; and

(d) proper arrangements are made for seafarers to examine their contracts of employment and the articles of agreement before and after they are signed and for them to receive a copy of the contract of employment.

3. Nothing in paragraph 2 above shall be understood as diminishing the obligations and responsibilities of the shipowner or the master.

Please indicate the measures taken and the arrangements made to give effect to this Article.

Article 6

1. The competent authority shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers.

2. All recruitment and placement services shall examine and respond to any complaint concerning their activities and shall advise the competent authority of any unresolved complaint.

3. Where complaints concerning working or living conditions on board ships are brought to the attention of the recruitment and placement services, they shall forward such complaints to the appropriate authority.

4. Nothing in this Convention shall prevent the seafarer from bringing any complaint directly to the appropriate authority.

Please describe the existing machinery and procedures and indicate, if applicable, the role played by representatives of shipowners and seafarers.

III. Please state to what authority or authorities the application of the above-mentioned legislation, regulations, etc. is entrusted, and by what methods such application is supervised.

VI. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.⁽²⁾ If copies of the report have not been communicated to representative organizations of employers and/or workers, or if they have been communicated to bodies other than such organizations, please supply information on any particular circumstances existing in your country which explain the procedure followed.

VII. Please indicate whether you have received from the organizations of employers and workers concerned any observations, either of a general kind or in connection with the present or previous report, regarding the practical application of the provisions of the Convention. If so, please communicate a copy of the observation received, together with any comments that you consider useful.

Recruitment and Placement of Seafarers Recommendation
[Text not reproduced]

Appendix III

Appl. 22.180
180, Seafarers' Hours of Work and the Manning of Ships, 1996

International Labour Office
Report form for the Seafarers' Hours of Work and the Manning
of Ships Convention, 1996 (No. 180)

* * *

The Government may deem it useful to consult the appended text of the Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation, 1996 (No. 187), the provisions of which supplement the present Convention and can contribute to a better understanding of its requirements and facilitate its application.

Practical guidance for drawing up reports

First reports

Subsequent reports

In subsequent reports, information need normally be given only:

(a) on any new legislative or other measures affecting the application of the Convention;

Article 22 of the Constitution of the ILO

on the

Seafarers' Hours of Work and the Manning of Ships Convention, 1996
(No. 180)
(ratification registered on .......................................)

Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit, or as a result of, ratification.

Part I. Scope and definitionsArticle 1 1. This Convention applies to every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member for which the Convention is in force and is ordinarily engaged in commercial maritime operations. For the purpose of this Convention, a ship that is on the register of two Members is deemed to be registered in the territory of the Member whose flag it flies.

2. To the extent it deems practicable, after consulting the representative organizations of fishing-vessel owners and fishermen, the competent authority shall apply the provisions of this Convention to commercial maritime fishing.

3. In the event of doubt as to whether or not any ships are to be regarded as seagoing ships or engaged in commercial maritime operations or commercial maritime fishing for the purpose of the Convention, the question shall be determined by the competent authority after consulting the organizations of shipowners, seafarers and fishermen concerned.

4. This Convention does not apply to wooden vessels of traditional build such as dhows and junks.

Paragraph 1.Please indicate which ships are regarded as seagoing ships.

Paragraphs 2 and 3.Please indicate to what extent the provisions of the Convention are applied to commercial maritime fishing, and provide information on the consultations which have been held in conformity with these paragraphs.

Article 2

For the purpose of this Convention:

(a) the term "competent authority" means the minister, government department or other authority having power to issue regulations, orders or other instructions having the force of law in respect of seafarers' hours of work or rest or the manning of ships;

(b) the term "hours of work" means time during which a seafarer is required to do work on account of the ship;

(d) the term "seafarer" means any person defined as such by national laws or regulations or collective agreements who is employed or engaged in any capacity on board a seagoing ship to which this Convention applies;

(e) the term "shipowner" means the owner of the ship or any other organization or person, such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship from the shipowner and who on assuming such responsibility has agreed to take over all the attendant duties and responsibilities.

Subparagraph (d).Please indicate how the term "seafarer" is defined in national laws or regulations or collective agreements.

Part II. Seafarers' hours of work and hours of rest
Article 3

Within the limits set out in Article 5, there shall be fixed either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time.

Article 4

A Member which ratifies this Convention acknowledges that the normal working hours' standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. However, this shall not prevent the Member from having procedures to authorize or register a collective agreement which determines seafarers' normal working hours on a basis no less favourable than this standard.

Article 5

1. The limits on hours of work or rest shall be as follows:

(a) maximum hours of work shall not exceed:

(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period;

(b) minimum hours of rest shall not be less than:

(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.

2. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

3. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.

4. In respect of situations when a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate compensatory rest period if the normal period of rest is disturbed by call-outs to work.

5. If no collective agreement or arbitration award exists or if the competent authority determines that the provisions in the agreement or award in respect of paragraph 3 or 4 are inadequate, the competent authority shall determine such provisions to ensure the seafarers concerned have sufficient rest.

6. Nothing in paragraphs 1 and 2 shall prevent the Member from having national laws or regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions to the limits set out. Such exceptions shall, as far as possible, follow the standards set out but may take account of more frequent or longer leave periods or the granting of compensatory leave for watch-keeping seafarers or seafarers working on board ships on short voyages.

7. The Member shall require the posting, in an easily accessible place, of a table with the shipboard working arrangements, which shall contain for every position at least:

(a) the schedule of service at sea and service in port; and

(b) the maximum hours of work or the minimum hours of rest required by the laws, regulations or collective agreements in force in the flag State.

8. The table referred to in paragraph 7 shall be established in a standardized format in the working language or languages of the ship and in English.

Paragraph 1.Please state the maximum hours of work or the minimum hours of rest prescribed in accordance with this paragraph.

Paragraph 2.Please state the minimum length of periods of rest and the maximum interval between two such periods.

Paragraph 3.Please describe the measures taken to minimize the disturbance of rest periods as a result of musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations.

Paragraph 4.Please indicate the measures taken to ensure that seafarers required to work during their normal period of rest are given an adequate compensatory rest period.

Paragraph 6.Please describe any exceptions permitted in conformity with this paragraph.

Paragraphs 7 and 8.Please describe, or provide an example of, the format used for the table referred to in these paragraphs.

Article 6

No seafarer under 18 years of age shall work at night. For the purpose of this Article, "night" means a period of at least nine consecutive hours, including the interval from midnight to five a.m. This provision need not be applied when the effective training of young seafarers between the ages of 16 and 18 in accordance with established programmes and schedules would be impaired.

Please provide information on measures taken in conformity with this Article.

Article 7

1. Nothing in this Convention shall be deemed to impair the right of the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea.

2. In accordance with paragraph 1, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored.

3. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.

Article 8 1. The Member shall require that records of seafarers' daily hours of work or of their daily hours of rest be maintained to allow monitoring of compliance with the provisions set out in Article 5. The seafarer shall receive a copy of the records pertaining to him or her which shall be endorsed

by the master, or a person authorized by the master, and by the seafarer.

2. The competent authority shall determine the procedures for keeping such records on board, including the intervals at which the information shall be recorded. The competent authority shall establish the format of the records of the seafarers' hours of work or of their hours of rest taking into account any available International Labour Organization guidelines or shall use any standard format prepared by the Organization. The format shall be established in the language or languages provided by Article 5, paragraph 8.

3. A copy of the relevant provisions of the national legislation pertaining to this Convention and the relevant collective agreements shall be kept on board and be easily accessible to the crew.

Paragraph 2.Please indicate the measures taken to give effect to this paragraph.

Article 9

The competent authority shall examine and endorse the records referred to in Article 8, at appropriate intervals, to monitor compliance with the provisions governing hours of work or hours of rest that give effect to this Convention.

Please describe how, and how often, the records of hours of work and hours of rest are examined by the competent authority.

Article 10

If the records or other evidence indicate infringement of provisions governing hours of work or hours of rest, the competent authority shall require that measures, including if necessary the revision of the manning of the ship, are taken so as to avoid future infringements.

Please explain what action is taken when the provisions governing hours of work or hours of rest are infringed. Please indicate any cases where infringements have led to the revision of the manning of the ship.

Part III. Manning of ships
Article 11

1. Every ship to which this Convention applies shall be sufficiently, safely and efficiently manned, in accordance with the minimum safe manning document or an equivalent issued by the competent authority.

2. When determining, approving or revising manning levels, the competent authority shall take into account:

(a) the need to avoid or minimize, as far as practicable, excessive hours of work, to ensure sufficient rest and to limit fatigue; and

(b) the international instruments identified in the Preamble.

Article 12
No person under 16 years of age shall work on a ship.

Part IV. Responsibilities of shipowners and masters
Article 13

The shipowner shall ensure that the master is provided with the necessary resources for the purpose of compliance with obligations under this Convention, including those relating to the appropriate manning of the ship. The master shall take all necessary steps to ensure that the requirements on seafarers' hours of work and rest arising from this Convention are complied with.

Part V. Application
Article 14

A Member which ratifies this Convention shall be responsible for the application of its provisions by means of laws or regulations, except where effect is given by collective agreements, arbitration awards or court decisions.

Article 15

The Member shall:

(a) take all necessary measures, including the provision of appropriate sanctions and corrective measures, to ensure the effective enforcement of the provisions of this Convention;

(b) have appropriate inspection services to supervise the application of the measures taken in pursuance of this Convention and provide them with the necessary resources for this purpose; and

(c) after consulting shipowners' and seafarers' organizations, have procedures to investigate complaints relating to any matter contained in this Convention.

Please specify the sanctions and corrective measures adopted.
Please describe the procedures to investigate complaints.
Please indicate the consultations which have been held in conformity with this Article.

III. Please state to what authority or authorities the application of the above-mentioned legislation, regulations, etc. is entrusted, and by what methods such application is supervised.

VI. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.⁽³⁾ If copies of the report have not been communicated to representative organizations of employers and/or workers, or if they have been communicated to bodies other than such organizations, please supply information on any particular circumstances existing in your country which explain the procedure followed.

Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation

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Appendix IV

Appl. 22.147
147, Merchant Shipping (Minimum Standards), 1976
Protocol of 1996

International Labour Office
Report form for the Protocol of 1996 to the Merchant Shipping
(Minimum Standards) Convention, 1976 (No. 147)

The present report form is for the use of countries which have ratified the Protocol. It has been approved by the Governing Body of the International Labour Office, in accordance with article 22 of the ILO Constitution, which reads as follows: "Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request."

* * *

Practical guidance for drawing up reports

First reports

If this is your Government's first report following the entry into force of the Protocol in your country, full information should be given on each of the provisions of the Protocol and on each of the questions set out in the report form.

Subsequent reports

In subsequent reports, information need normally be given only:

(a) on any new legislative or other measures affecting the application of the Protocol;

(b) in reply to the questions in the report form on the practical application of the Protocol (for example, statistics, results of inspections, judicial or administrative decisions) and on the communication of copies of the report to the representative organizations of employers and workers and on any observations received from these organizations;

(c) in reply to comments by the supervisory bodies: the report must contain replies to any comments regarding the application of the Protocol in your country which may have been made by the Committee of Experts on the Application of Conventions and Recommendations or by the Conference Committee on the Application of Standards.

Article 22 of the Constitution of the ILO

on the

Protocol of 1996 to the Merchant Shipping (Minimum Standards)
Convention, 1976 (No. 147)
(ratification registered on .......................................)

In addition to the information requested in the report form concerning the Convention, please give details for each of the following Articles of the Protocol.

Article 1

1. Each Member which ratifies this Protocol shall extend the list of Conventions appearing in the Appendix to the principal Convention to include the Conventions in Part A of the Supplementary Appendix and such Conventions listed in Part B of that Appendix as it accepts, if any, in accordance with Article 3 below.

2. Extension to the Convention listed in Part A of the Supplementary Appendix that is not yet in force shall take effect only when that Convention comes into force.

Article 2

A Member may ratify this Protocol at the same time as or at any time after it ratifies the principal Convention, by communicating its formal ratification of the Protocol to the Director-General of the International Labour Office for registration.

Article 3

1. Each Member which ratifies this Protocol shall, where applicable, in a declaration accompanying the instrument of ratification, specify which Convention or Conventions listed in Part B of the Supplementary Appendix it accepts.

2. A Member which has not accepted all of the Conventions listed in Part B of the Supplementary Appendix may, by subsequent declaration communicated to the Director-General of the International Labour Office, specify which other Convention or Conventions it accepts.

Please indicate, where applicable, which Conventions listed in Part B of the Supplementary Appendix your country has accepted.⁽⁴⁾

Article 4

1. For the purposes of Article 1, paragraph 1, and Article 3 of this Protocol, the competent authority shall hold prior consultations with the representative organizations of shipowners and seafarers.

2. The competent authority shall, as soon as practicable, make available to the representative organizations of shipowners and seafarers information as to ratifications, declarations and denunciations notified by the Director-General of the International Labour Office in conformity with Article 8, paragraph 1, below.

Please provide information on the consultations which have been held in conformity with this Article.⁽⁵⁾

Article 5

For the purpose of this Protocol, the Repatriation of Seafarers Convention (Revised), 1987, shall, in the case of a Member which accepts that Convention, be regarded as a replacement of the Repatriation of Seamen Convention, 1926.

Appendix V

Appl. 22.181
181, Private Employment Agencies, 1997

International Labour Office
Report form for the Private Employment Agencies
Convention, 1997 (No. 181)

* * *

The Government may deem it useful to consult the appended text of the Private Employment Agencies Recommendation, 1997 (No. 188), the provisions of which supplement the present Convention and can contribute to a better understanding of its requirements and facilitate its application.

Practical guidance for drawing up reports

First reports

Subsequent reports

In subsequent reports, information need normally be given only:

(a) on any new legislative or other measures affecting the application of the Convention;

Article 22 of the Constitution of the ILO

on the

Private Employment Agencies Convention, 1997

(ratification registered on .......................................)

Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit, or as a result of, ratification.

Article 1

For the purpose of this Convention the term "private employment agency" means any natural or legal person, independent of the public authorities, which provides one or more of the following labour market services:

(a) services for matching offers of and applications for employment, without the private employment agency becoming a party to the employment relationships which may arise therefrom;

(b) services consisting of employing workers with a view to making them available to a third party, who may be a natural or legal person (referred to below as a "user enterprise") which assigns their tasks and supervises the execution of these tasks;

(c) other services relating to jobseeking, determined by the competent authority after consulting the most representative employers and workers organizations, such as the provision of information, that do not set out to match specific offers of and applications for employment.

2. For the purpose of this Convention, the term "workers" includes jobseekers.

3. For the purpose of this Convention, the term "processing of personal data of workers" means the collection, storage, combination, communication or any other use of information related to an identified or identifiable worker.

Paragraph 1(c).Please indicate, where applicable, the other services determined by the competent authority and which employers' and workers' organizations were consulted.

Article 2

1. This Convention applies to all private employment agencies.

2. This Convention applies to all categories of workers and all branches of economic activity. It does not apply to the recruitment and placement of seafarers.

3. One purpose of this Convention is to allow the operation of private employment agencies as well as the protection of the workers using their services, within the framework of its provisions.

4. After consulting the most representative organizations of employers and workers concerned, a Member may:

(a) prohibit, under specific circumstances, private employment agencies from operating in respect of certain categories of workers or branches of economic activity in the provision of one or more of the services referred to in Article 1, para graph 1;

(b) exclude, under specific circumstances, workers in certain branches of economic activity, or parts thereof, from the scope of the Convention or from certain of its provisions, provided that adequate protection is otherwise assured for the workers concerned.

5. A Member which ratifies this Convention shall specify, in its reports under article 22 of the Constitution of the International Labour Organization, any prohibition or exclusion of which it avails itself under paragraph 4 above, and give the reasons therefor.

Paragraph 4.If recourse has been made to the provisions of this paragraph, please indicate which employers' and workers' organizations were consulted.

Article 3

1. The legal status of private employment agencies shall be determined in accordance with national law and practice, and after consulting the most representative organizations of employers and workers.

2. A Member shall determine the conditions governing the operation of private employment agencies in accordance with a system of licensing or certification, except where they are otherwise regulated or determined by appropriate national law and practice.

Please provide information on the legal status of private employment agencies and on the conditions governing their operation.

Article 4

Measures shall be taken to ensure that the workers recruited by private employment agencies providing the services referred to in Article 1 are not denied the right to freedom of association and the right to bargain collectively.

Please indicate the measures taken to give effect to this Article.

Article 5

1. In order to promote equality of opportunity and treatment in access to employment and to particular occupations, a Member shall ensure that private employment agencies treat workers without discrimination on the basis of race, colour, sex, religion, political opinion, national extraction, social origin, or any other form of discrimination covered by national law and practice, such as age or disability.

2. Paragraph 1 of this Article shall not be implemented in such a way as to prevent private employment agencies from providing special services or targeted programmes designed to assist the most disadvantaged workers in their jobseeking activities.

Paragraph 1.Please indicate the measures taken to give effect to the provisions of this paragraph.

Paragraph 2.Please describe, where applicable, the special services or targeted programmes designed to assist the most disadvantaged workers in their jobseeking activities.

Article 6

The processing of personal data of workers by private employment agencies shall be:

(a) done in a manner that protects this data and ensures respect for workers privacy in accordance with national law and practice;

(b) limited to matters related to the qualifications and professional experience of the workers concerned and any other directly relevant information.

Please indicate the manner in which workers' personal data is protected.

Article 7

1. Private employment agencies shall not charge directly or indirectly, in whole or in part, any fees or costs to workers.

2. In the interest of the workers concerned, and after consulting the most representative organizations of employers and workers, the competent authority may authorize exceptions to the provisions of paragraph 1 above in respect of certain categories of workers, as well as specified types of services provided by private employment agencies.

3. A Member which has authorized exceptions under paragraph 2 above shall, in its reports under article 22 of the Constitution of the International Labour Organization, provide information on such exceptions and give the reasons therefor.

Paragraph 2.Please indicate the categories of workers and the types of services for which exceptions are authorized and which employers' and workers' organizations were consulted.

Article 8

1. A Member shall, after consulting the most representative organizations of employers and workers, adopt all necessary and appropriate measures, both within its jurisdiction and, where appropriate, in collaboration with other Members, to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies. These shall include laws or regulations which provide for penalties, including prohibition of those private employment agencies which engage in fraudulent practices and abuses.

2. Where workers are recruited in one country for work in another, the Members concerned shall consider concluding bilateral agreements to prevent abuses and fraudulent practices in recruitment, placement and employment.

Paragraph 1.Please indicate the measures taken to give effect to this paragraph and which employers' and workers' organizations were consulted.

Paragraph 2.Please indicate, where applicable, the bilateral agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

Article 9

A Member shall take measures to ensure that child labour is not used or supplied by private employment agencies.

Please indicate the measures taken to give effect to this Article.

Article 10

The competent authority shall ensure that adequate machinery and procedures, involving as appropriate the most representative employers and workers organizations, exist for the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies.

Please describe the machinery and procedures for the investigation of complaints concerning the activities of private employment agencies.

Article 11

A Member shall, in accordance with national law and practice, take the necessary measures to ensure adequate protection for the workers employed by private employment agencies as described in Article 1, paragraph 1(b) above, in relation to:

(a) freedom of association;
(b) collective bargaining;
(c) minimum wages;
(d) working time and other working conditions;
(e) statutory social security benefits;
(f) access to training;
(g) occupational safety and health;
(h) compensation in case of occupational accidents or diseases;
(i) compensation in case of insolvency and protection of workers claims;
(j) maternity protection and benefits, and parental protection and benefits.
Please indicate the measures taken to ensure protection for workers in the areas described in this Article.

Article 12

A Member shall determine and allocate, in accordance with national law and practice, the respective responsibilities of private employment agencies providing the services referred to in paragraph 1(b) of Article 1 and of user enterprises in relation to:

(a) collective bargaining;
(b) minimum wages;
(c) working time and other working conditions;
(d) statutory social security benefits;
(e) access to training;
(f) protection in the field of occupational safety and health;
(g) compensation in case of occupational accidents or diseases;
(h) compensation in case of insolvency and protection of workers claims;
(i) maternity protection and benefits, and parental protection and benefits.
Please indicate the way in which responsibilities are allocated between the private employment agencies and the user enterprises in the areas described in this Article.

Article 13

1. A Member shall, in accordance with national law and practice and after consulting the most representative organizations of employers and workers, formulate, establish and periodically review conditions to promote cooperation between the public employment service and private employment agencies.

2. The conditions referred to in paragraph 1 above shall be based on the principle that the public authorities retain final authority for:

(a) formulating labour market policy;
(b) utilizing or controlling the use of public funds earmarked for the implementation of that policy.

3. Private employment agencies shall, at intervals to be determined by the competent authority, provide to that authority the information required by it, with due regard to the confidential nature of such information:

(a) to allow the competent authority to be aware of the structure and activities of private employment agencies in accordance with national conditions and practices;
(b) for statistical purposes.

4. The competent authority shall compile and, at regular intervals, make this information publicly available.

Paragraph 1.Please indicate which employers' and workers' organizations were consulted and provide information on conditions to promote cooperation between the public employment service and private employment agencies.

Paragraph 3.Please indicate the competent authorities to which this provision refers and provide examples of the information provided to them by the private employment agencies.

Paragraph 4.Please specify the information that is made publicly available and the intervals at which this is done.

Article 14

1. The provisions of this Convention shall be applied by means of laws or regulations or by any other means consistent with national practice, such as court decisions, arbitration awards or collective agreements.

2. Supervision of the implementation of provisions to give effect to this Convention shall be ensured by the labour inspection service or other competent public authorities.

3. Adequate remedies, including penalties where appropriate, shall be provided for and effectively applied in case of violations of this Convention.

Article 15

This Convention does not affect more favourable provisions applicable under other international labour Conventions to workers recruited, placed or employed by private employment agencies.

III. Please state to what authority or authorities the application of the above-mentioned legislation, regulations, etc. is entrusted, and by what methods such application is supervised.

VI. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.⁽⁶⁾ If copies of the report have not been communicated to representative organizations of employers and/or workers, or if they have been communicated to bodies other than such organizations, please supply information on any particular circumstances existing in your country which explain the procedure followed.

Private Employment Agencies Recommendation

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1. Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3, copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22.

2. Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3, copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."

3. Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3, copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."

4. Part B of the Supplementary Appendix to the Protocol refers to the following Conventions: the Seafarers' Identity Documents Convention, 1958 (No. 108), the Workers' Representatives Convention, 1971 (No. 135), the Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) and the Repatriation of Seafarers Convention (Revised), 1987 (No. 166).

5. Article 8, paragraph 1, reads as follows: "The Director-General of the International Labour Organization shall notify all Members of the International Labour Organization of the registration of all ratifications, declarations and acts of denunciation communicated by the Members of the Organization."

6. Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3, copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."

Updated by VC. Approved by NdW. Last update: 26 January 2000.