yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제18425호                                관              보                  2015. 1. 8.(목요일)
        (c) the shipowner and seafarer concerned shall each have a signed original of the
        seafarers’ employment agreement;
        (d) measures shall be taken to ensure that clear information as to the conditions of
        their employment can be easily obtained on board by seafarers, including the ship’s
        master, and that such information, including a copy of the seafarers’ employment
        agreement, is also accessible for review by officers of a competent authority, including
        those in ports to be visited; and
        (e) seafarers shall be given a document containing a record of their employment on
        board the ship.
2. Where a collective bargaining agreement forms all or part of a seafarers’ employment
agreement, a copy of that agreement shall be available on board. Where the language of the
seafarers’ employment agreement and any applicable collective bargaining agreement is not in
English, the following shall also be available in English (except for ships engaged only in
domestic voyages):
        (a) a copy of a standard form of the agreement; and
        (b) the portions of the collective bargaining agreement that are subject to a port State
        inspection under Regulation 5.2.
3. The document referred to in paragraph 1(e) of this Standard shall not contain any
statement as to the quality of the seafarers’ work or as to their wages. The form of the
document, the particulars to be recorded and the manner in which such particulars are to be
entered, shall be determined by national law.
4. Each Member shall adopt laws and regulations specifying the matters that are to be
included in all seafarers’ employment agreements governed by its national law. Seafarers’
employment agreements shall in all cases contain the following particulars:
        (a) the seafarer’s full name, date of birth or age, and birthplace;
        (b) the shipowner’s name and address;
        (c) the place where and date when the seafarers’ employment agreement is entered
        into;
        (d) the capacity in which the seafarer is to be employed;
        (e) the amount of the seafarer’s wages or, where applicable, the formula used for
        calculating them;
        (f) the amount of paid annual leave or, where applicable, the formula used for
        calculating it;
        (g) the termination of the agreement and the conditions thereof, including:
                 (i) if the agreement has been made for an indefinite period, the conditions
            entitling either party to terminate it, as well as the required notice period, which shall
            not be less for the shipowner than for the seafarer;
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제18425호                                관              보                   2015. 1. 8.(목요일)
                 (ii) if the agreement has been made for a definite period, the date fixed for its
             expiry; and
                 (iii) if the agreement has been made for a voyage, the port of destination and
             the time which has to expire after arrival before the seafarer should be discharged;
         (h) the health and social security protection benefits to be provided to the seafarer by
         the shipowner;
         (i) the seafarer’s entitlement to repatriation;
         (j) reference to the collective bargaining agreement, if applicable; and
         (k) any other particulars which national law may require.
5. Each Member shall adopt laws or regulations establishing minimum notice periods to be
given by the seafarers and shipowners for the early termination of a seafarers’ employment
agreement. The duration of these minimum periods shall be determined after consultation with the
shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days.
6. A notice period shorter than the minimum may be given in circumstances which are
recognized under national law or regulations or applicable collective bargaining agreements as
justifying termination of the employment agreement at shorter notice or without notice. In
determining those circumstances, each Member shall ensure that the need of the seafarer to
terminate, without penalty, the employment agreement on shorter notice or without notice for
compassionate or other urgent reasons is taken into account.
                       Guideline B2.1 - Seafarers’ employment agreements
                            Guideline B2.1.1 - Record of employment
1. In determining the particulars to be recorded in the record of employment referred to in
Standard A2.1, paragraph 1(e), each Member should ensure that this document contains sufficient
information, with a translation in English, to facilitate the acquisition of further work or to satisfy
the sea-service requirements for upgrading or promotion. A seafarers’ discharge book may satisfy
the requirements of paragraph 1(e) of that Standard.
                                     Regulation 2.2 - Wages
Purpose: To ensure that seafarers are paid for their services
1. All seafarers shall be paid for their work regularly and in full in accordance with their
employment agreements.
                                     Standard A2.2 - Wages
1. Each Member shall require that payments due to seafarers working on ships that fly its
flag are made at no greater than monthly intervals and in accordance with any applicable
collective agreement.
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제18425호                                관              보                  2015. 1. 8.(목요일)
2. Seafarers shall be given a monthly account of the payments due and the amounts paid,
including wages, additional payments and the rate of exchange used where payment has been
made in a currency or at a rate different from the one agreed to.
3. Each Member shall require that shipowners take measures, such as those set out in
paragraph 4 of this Standard, to provide seafarers with a means to transmit all or part of their
earnings to their families or dependants or legal beneficiaries.
4. Measures to ensure that seafarers are able to transmit their earnings to their families
include:
         (a) a system for enabling seafarers, at the time of their entering employment or
         during it, to allot, if they so desire, a proportion of their wages for remittance at regular
         intervals to their families by bank transfers or similar means; and
         (b) a requirement that allotments should be remitted in due time and directly to the
         person or persons nominated by the seafarers.
5. Any charge for the service under paragraphs 3 and 4 of this Standard shall be reasonable
in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance
with national laws or regulations, be at the prevailing market rate or the official published rate
and not unfavourable to the seafarer.
6. Each Member that adopts national laws or regulations governing seafarers’ wages shall
give due consideration to the guidance provided in Part B of the Code.
                                        Guideline B2.2 - Wages
                                Guideline B2.2.1 – Specific definitions
1. For the purpose of this Guideline, the term:
         (a) able seafarer means any seafarer who is deemed competent to perform any duty
         which may be required of a rating serving in the deck department, other than the duties
         of a supervisory or specialist rating, or who is defined as such by national laws,
         regulations or practice, or by collective agreement;
         (b) basic pay or wages means the pay, however composed, for normal hours of work;
         it does not include payments for overtime worked, bonuses, allowances, paid leave or any
         other additional remuneration;
         (c) consolidated wage means a wage or salary which includes the basic pay and other
         pay-related benefits; a consolidated wage may include compensation for all overtime hours
         which are worked and all other pay-related benefits, or it may include only certain
         benefits in a partial consolidation;
         (d) hours of work means time during which seafarers are required to do work on
         account of the ship;
         (e) overtime means time worked in excess of the normal hours of work.
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제18425호                               관              보                 2015. 1. 8.(목요일)
                           Guideline B2.2.2 – Calculation and payment
1. For seafarers whose remuneration includes separate compensation for overtime worked:
        (a) for the purpose of calculating wages, the normal hours of work at sea and in port
        should not exceed eight hours per day;
        (b) for the purpose of calculating overtime, the number of normal hours per week
        covered by the basic pay or wages should be prescribed by national laws or regulations,
        if not determined by collective agreements, but should not exceed 48 hours per week;
        collective agreements may provide for a different but not less favourable treatment;
        (c) the rate or rates of compensation for overtime, which should be not less than one and
        one-quarter times the basic pay or wages per hour, should be prescribed by national laws
        or regulations or by collective agreements, if applicable; and
        (d) records of all overtime worked should be maintained by the master, or a person
        assigned by the master, and endorsed by the seafarer at no greater than monthly
        intervals.
2. For seafarers whose wages are fully or partially consolidated:
        (a) the seafarers’ employment agreement should specify clearly, where appropriate, the
        number of hours of work expected of the seafarer in return for this remuneration, and
        any additional allowances which might be due in addition to the consolidated wage, and in
        which circumstances;
        (b) where hourly overtime is payable for hours worked in excess of those covered by
        the consolidated wage, the hourly rate should be not less than one and one quarter times
        the basic rate corresponding to the normal hours of work as defined in paragraph 1 of
        this Guideline; the same principle should be applied to the overtime hours included in the
        consolidated wage;
        © remuneration for that portion of the fully or partially consolidated wage
        representing the normal hours of work as defined in paragraph 1(a) of this Guideline
        should be no less than the applicable minimum wage; and
        (d) for seafarers whose wages are partially consolidated, records of all overtime
        worked should be maintained and endorsed as provided for in paragraph 1(d) of this
        Guideline.
3. National laws or regulations or collective agreements may provide for compensation for
overtime or for work performed on the weekly day of rest and on public holidays by at least
equivalent time off duty and off the ship or additional leave in lieu of remuneration or any other
compensation so provided.
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제18425호                               관             보                  2015. 1. 8.(목요일)
4. National laws and regulations adopted after consulting the representative shipowners’ and
seafarers’ organizations or, as appropriate, collective agreements should take into account the
following principles:
        (a) equal remuneration for work of equal value should apply to all seafarers employed
        on the same ship without discrimination based upon race, colour, sex, religion, political
        opinion, national extraction or social origin;
        (b) the seafarers’ employment agreement specifying the applicable wages or wage
        rates should be carried on board the ship; information on the amount of wages or wage
        rates should be made available to each seafarer, either by providing at least one signed
        copy of the relevant information to the seafarer in a language which the seafarer
        understands, or by posting a copy of the agreement in a place accessible to seafarers or
        by some other appropriate means;
        © wages should be paid in legal tender; where appropriate, they may be paid by
        bank transfer, bank cheque, postal cheque or money order;
        (d) on termination of engagement all remuneration due should be paid without undue
        delay;
        (e) adequate penalties or other appropriate remedies should be imposed by the
        competent authority where shipowners unduly delay, or fail to make, payment of all
        remuneration due;
        (f) wages should be paid directly to seafarers’ designated bank accounts unless they
        request otherwise in writing;
        (g) subject to subparagraph (h) of this paragraph, the shipowner should impose no
        limit on seafarers’ freedom to dispose of their remuneration;
        (h) deduction from remuneration should be permitted only if:
                (i) there is an express provision in national laws or regulations or in an
            applicable collective agreement and the seafarer has been informed, in the manner
            deemed most appropriate by the competent authority, of the conditions for such
            deductions; and
                (ii) the deductions do not in total exceed the limit that may have been
            established by national laws or regulations or collective agreements or court decisions
            for making such deductions;
        (i) no deductions should be made from a seafarer’s remuneration in respect of
        obtaining or retaining employment;
        (j) monetary fines against seafarers other than those authorized by national laws or
        regulations, collective agreements or other measures should be prohibited;
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제18425호                               관             보                  2015. 1. 8.(목요일)
         (k) the competent authority should have the power to inspect stores and services
         provided on board ship to ensure that fair and reasonable prices are applied for the
         benefit of the seafarers concerned; and
         (l) to the extent that seafarers’ claims for wages and other sums due in respect of
         their employment are not secured in accordance with the provisions of the International
         Convention on Maritime Liens and Mortgages, 1993, such claims should be protected in
         accordance with the Protection of Workers’ Claims (Employer’s Insolvency) Convention,
         1992 (No. 173).
5. Each Member should, after consulting with representative shipowners’ and seafarers’
organizations, have procedures to investigate complaints relating to any matter contained in this
Guideline.
                                Guideline B2.2.3 - Minimum wages
1. Without prejudice to the principle of free collective bargaining, each Member should, after
consulting representative shipowners’ and seafarers’ organizations, establish procedures for
determining minimum wages for seafarers. Representative shipowners’ and seafarers’ organizations
should participate in the operation of such procedures.
2. When establishing such procedures and in fixing minimum wages, due regard should be
given to international labour standards concerning minimum wage fixing, as well as the following
principles:
         (a) the level of minimum wages should take into account the nature of maritime
         employment, crewing levels of ships, and seafarers’ normal hours of work; and
         (b) the level of minimum wages should be adjusted to take into account changes in
         the cost of living and in the needs of seafarers.
3. The competent authority should ensure:
         (a) by means of a system of supervision and sanctions, that wages are paid at not
         less than the rate or rates fixed; and
         (b) that any seafarers who have been paid at a rate lower than the minimum wage
         are enabled to recover, by an inexpensive and expeditious judicial or other procedure, the
         amount by which they have been underpaid.
      Guideline B2.2.4 - Minimum monthly basic pay or wage figure for able seafarers
1. The basic pay or wages for a calendar month of service for an able seafarer should be
no less than the amount periodically set by the Joint Maritime Commission or another body
authorized by the Governing Body of the International Labour Office. Upon a decision of the
Governing Body, the Director-General shall notify any revised amount to the Members of the
Organization.
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제18425호                              관             보                 2015. 1. 8.(목요일)
2. Nothing in this Guideline should be deemed to prejudice arrangements agreed between
shipowners or their organizations and seafarers’ organizations with regard to the regulation of
standard minimum terms and conditions of employment, provided such terms and conditions are
recognized by the competent authority.
                       Regulation 2.3 - Hours of work and hours of rest
Purpose: To ensure that seafarers have regulated hours of work or hours of rest
1. Each Member shall ensure that the hours of work or hours of rest for seafarers are
regulated.
2. Each Member shall establish maximum hours of work or minimum hours of rest over
given periods that are consistent with the provisions in the Code.
                       Standard A2.3 - Hours of work and hours of rest
1. For the purpose of this Standard, the term:
        (a) hours of work means time during which seafarers are required to do work on
        account of the ship;
        (b) hours of rest means time outside hours of work; this term does not include short
        breaks.
2. Each Member shall within the limits set out in paragraphs 5 to 8 of this Standard fix
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.
3. Each Member 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.
4. In determining the national standards, each Member shall take account of the danger
posed by the fatigue of seafarers, especially those whose duties involve navigational safety and
the safe and secure operation of the ship.
5. 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; or
        (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.
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제18425호                               관             보                  2015. 1. 8.(목요일)
6. 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.
7. 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.
8. 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.
9. 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 7 or 8 of this
Standard are inadequate, the competent authority shall determine such provisions to ensure the
seafarers concerned have sufficient rest.
10. Each 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 national
         laws or regulations or applicable collective agreements.
11. The table referred to in paragraph 10 of this Standard shall be established in a
standardized format in the working language or languages of the ship and in English.
12. Each 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 paragraphs 5 to 11 inclusive
of this Standard. The records shall be in a standardized format established by the competent
authority taking into account any available guidelines of the International Labour Organization or
shall be in any standard format prepared by the Organization. They shall be in the languages
required by paragraph 11 of this Standard. The seafarers shall receive a copy of the records
pertaining to them which shall be endorsed by the master, or a person authorized by the master,
and by the seafarers.
13. Nothing in paragraphs 5 and 6 of this Standard shall prevent a 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 provisions of this Standard but may take account of more frequent or longer
leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers
working on board ships on short voyages.
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