yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제18425호                               관             보                 2015. 1. 8.(목요일)
14. Nothing in this Standard 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. Accordingly, 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. 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.
                       Guideline B2.3 - Hours of work and hours of rest
                               Guideline B2.3.1 - Young seafarers
1. At sea and in port the following provisions should apply to all young seafarers under the
age of 18:
         (a) working hours should not exceed eight hours per day and 40 hours per week and
         overtime should be worked only where unavoidable for safety reasons;
         (b) sufficient time should be allowed for all meals, and a break of at least one hour
         for the main meal of the day should be assured; and
         (c) a 15-minute rest period as soon as possible following each two hours of
         continuous work should be allowed.
2. Exceptionally, the provisions of paragraph 1 of this Guideline need not be applied if:
         (a) they are impracticable for young seafarers in the deck, engine room and catering
         departments assigned to watchkeeping duties or working on a rostered shiftwork system;
         or
         (b) the effective training of young seafarers in accordance with established
         programmes and schedules would be impaired.
3. Such exceptional situations should be recorded, with reasons, and signed by the master.
4. Paragraph 1 of this Guideline does not exempt young seafarers from the general
obligation on all seafarers to work during any emergency as provided for in Standard A2.3,
paragraph 14.
                              Regulation 2.4 - Entitlement to leave
Purpose: To ensure that seafarers have adequate leave
1. Each Member shall require that seafarers employed on ships that fly its flag are given
paid annual leave under appropriate conditions, in accordance with the provisions in the Code.
2. Seafarers shall be granted shore leave to benefit their health and well-being and with the
operational requirements of their positions.
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제18425호                               관             보                  2015. 1. 8.(목요일)
                               Standard A2.4 - Entitlement to leave
1. Each Member shall adopt laws and regulations determining the minimum standards for
annual leave for seafarers serving on ships that fly its flag, taking proper account of the special
needs of seafarers with respect to such leave.
2. Subject to any collective agreement or laws or regulations providing for an appropriate
method of calculation that takes account of the special needs of seafarers in this respect, the
annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar
days per month of employment. The manner in which the length of service is calculated shall be
determined by the competent authority or through the appropriate machinery in each country.
Justified absences from work shall not be considered as annual leave.
3. Any agreement to forgo the minimum annual leave with pay prescribed in this Standard,
except in cases provided for by the competent authority, shall be prohibited.
                               Guideline B2.4 - Entitlement to leave
                           Guideline B2.4.1 – Calculation of entitlement
1. Under conditions as determined by the competent authority or through the appropriate
machinery in each country, service off-articles should be counted as part of the period of service.
2. Under conditions as determined by the competent authority or in an applicable collective
agreement, absence from work to attend an approved maritime vocational training course or for
such reasons as illness or injury or for maternity should be counted as part of the period of
service.
3. The level of pay during annual leave should be at the seafarer’s normal level of
remuneration provided for by national laws or regulations or in the applicable seafarers’
employment agreement. For seafarers employed for periods shorter than one year or in the event
of termination of the employment relationship, entitlement to leave should be calculated on a
pro-rata basis.
4. The following should not be counted as part of annual leave with pay:
         (a) public and customary holidays recognized as such in the flag State, whether or
         not they fall during the annual leave with pay;
         (b) periods of incapacity for work resulting from illness or injury or from maternity,
         under conditions as determined by the competent authority or through the appropriate
         machinery in each country;
         (c) temporary shore leave granted to a seafarer while under an employment
         agreement; and
         (d) compensatory leave of any kind, under conditions as determined by the competent
         authority or through the appropriate machinery in each country.
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제18425호                               관             보                  2015. 1. 8.(목요일)
                           Guideline B2.4.2 - Taking of annual leave
1. The time at which annual leave is to be taken should, unless it is fixed by regulation,
collective agreement, arbitration award or other means consistent with national practice, be
determined by the shipowner after consultation and, as far as possible, in agreement with the
seafarers concerned or their representatives.
2. Seafarers should in principle have the right to take annual leave in the place with which
they have a substantial connection, which would normally be the same as the place to which
they are entitled to be repatriated. Seafarers should not be required without their consent to take
annual leave due to them in another place except under the provisions of a seafarers’ employment
agreement or of national laws or regulations.
3. If seafarers are required to take their annual leave from a place other than that permitted
by paragraph 2 of this Guideline, they should be entitled to free transportation to the place where
they were engaged or recruited, whichever is nearer their home; subsistence and other costs
directly involved should be for the account of the shipowner; the travel time involved should not
be deducted from the annual leave with pay due to the seafarer.
4. A seafarer taking annual leave should be recalled only in cases of extreme emergency
and with the seafarer’s consent.
                         Guideline B2.4.3 - Division and accumulation
1. The division of the annual leave with pay into parts, or the accumulation of such annual
leave due in respect of one year together with a subsequent period of leave, may be authorized
by the competent authority or through the appropriate machinery in each country.
2. Subject to paragraph 1 of this Guideline and unless otherwise provided in an agreement
applicable to the shipowner and the seafarer concerned, the annual leave with pay recommended
in this Guideline should consist of an uninterrupted period.
                               Guideline B2.4.4 – Young seafarers
1. Special measures should be considered with respect to young seafarers under the age of
18 who have served six months or any other shorter period of time under a collective agreement
or seafarers’ employment agreement without leave on a foreign-going ship which has not
returned to their country of residence in that time, and will not return in the subsequent three
months of the voyage. Such measures could consist of their repatriation at no expense to
themselves to the place of original engagement in their country of residence for the purpose of
taking any leave earned during the voyage.
                                   Regulation 2.5 - Repatriation
Purpose: To ensure that seafarers are able to return home
1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances
and under the conditions specified in the Code.
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제18425호                               관              보                 2015. 1. 8.(목요일)
2. Each Member shall require ships that fly its flag to provide financial security to ensure
that seafarers are duly repatriated in accordance with the Code.
                                    Standard A2.5 - Repatriation
1. Each Member shall ensure that seafarers on ships that fly its flag are entitled to
repatriation in the following circumstances:
         (a) if the seafarers’ employment agreement expires while they are abroad;
         (b) when the seafarers’ employment agreement is terminated:
                  (i) by the shipowner; or
                  (ii) by the seafarer for justified reasons; and also
         (b) when the seafarers are no longer able to carry out their duties under their
         employment agreement or cannot be expected to carry them out in the specific
         circumstances.
2. Each Member shall ensure that there are appropriate provisions in its laws and
regulations or other measures or in collective bargaining agreements, prescribing:
         (a) the circumstances in which seafarers are entitled to repatriation in accordance with
         paragraph 1(b) and (c) of this Standard;
         (b) the maximum duration of service periods on board following which a seafarer is
         entitled to repatriation – such periods to be less than 12 months; and
         (c) the precise entitlements to be accorded by shipowners for repatriation, including
         those relating to the destinations of repatriation, the mode of transport, the items of
         expense to be covered and other arrangements to be made by shipowners.
3. Each Member shall prohibit shipowners from requiring that seafarers make an advance
payment towards the cost of repatriation at the beginning of their employment, and also from
recovering the cost of repatriation from the seafarers’ wages or other entitlements except where
the seafarer has been found, in accordance with national laws or regulations or other measures or
applicable collective bargaining agreements, to be in serious default of the seafarer’s employment
obligations.
4. National laws and regulations shall not prejudice any right of the shipowner to recover
the cost of repatriation under third-party contractual arrangements.
5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of
seafarers who are entitled to be repatriated:
         (a) the competent authority of the Member whose flag the ship flies shall arrange for
         repatriation of the seafarers concerned; if it fails to do so, the State from which the
         seafarers are to be repatriated or the State of which they are a national may arrange for
         their repatriation and recover the cost from the Member whose flag the ship flies;
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제18425호                               관              보                 2015. 1. 8.(목요일)
        (b) costs incurred in repatriating seafarers shall be recoverable from the shipowner by
        the Member whose flag the ship flies;
        (c) the expenses of repatriation shall in no case be a charge upon the seafarers,
        except as provided for in paragraph 3 of this Standard.
6. Taking into account applicable international instruments, including the International
Convention on Arrest of Ships, 1999, a Member which has paid the cost of repatriation pursuant
to this Code may detain, or request the detention of, the ships of the shipowner concerned until
the reimbursement has been made in accordance with paragraph 5 of this Standard.
7. Each Member shall facilitate the repatriation of seafarers serving on ships which call at
its ports or pass through its territorial or internal waters, as well as their replacement on board.
8. In particular, a Member shall not refuse the right of repatriation to any seafarer because
of the financial circumstances of a shipowner or because of the shipowner’s inability or
unwillingness to replace a seafarer.
9. Each Member shall require that ships that fly its flag carry and make available to
seafarers a copy of the applicable national provisions regarding repatriation written in an
appropriate language.
                                   Guideline B2.5 - Repatriation
                                   Guideline B2.5.1 - Entitlement
1. Seafarers should be entitled to repatriation:
        (a) in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of the
        period of notice given in accordance with the provisions of the seafarers’ employment
        agreement;
        (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c):
                (i) in the event of illness or injury or other medical condition which requires
            their repatriation when found medically fit to travel;
                (ii) in the event of shipwreck;
                (iii) in the event of the shipowner not being able to continue to fulfil their
            legal or contractual obligations as an employer of the seafarers by reason of
            insolvency, sale of ship, change of ship’s registration or any other similar reason;
                (iv) in the event of a ship being bound for a war zone, as defined by national
            laws or regulations or seafarers’ employment agreements, to which the seafarer does
            not consent to go; and
                (v) in the event of termination or interruption of employment in accordance
            with an industrial award or collective agreement, or termination of employment for
            any other similar reason.
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제18425호                               관             보                  2015. 1. 8.(목요일)
2. In determining the maximum duration of service periods on board following which a
seafarer is entitled to repatriation, in accordance with this Code, account should be taken of
factors affecting the seafarers’ working environment. Each Member should seek, wherever
possible, to reduce these periods in the light of technological changes and developments and
might be guided by any recommendations made on the matter by the Joint Maritime Commission.
3. The costs to be borne by the shipowner for repatriation under Standard A2.5 should
include at least the following:
        (a) passage to the destination selected for repatriation in accordance with paragraph 6
        of this Guideline;
        (b) accommodation and food from the moment the seafarers leave the ship until they
        reach the repatriation destination;
        (c) pay and allowances from the moment the seafarers leave the ship until they reach
        the repatriation destination, if provided for by national laws or regulations or collective
        agreements;
        (d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation
        destination; and
        (e) medical treatment when necessary until the seafarers are medically fit to travel to
        the repatriation destination.
4. Time spent awaiting repatriation and repatriation travel time should not be deducted from
paid leave accrued to the seafarers.
5. Shipowners should be required to continue to cover the costs of repatriation until the
seafarers concerned are landed at a destination prescribed pursuant to this Code or are provided
with suitable employment on board a ship proceeding to one of those destinations.
6. Each Member should require that shipowners take responsibility for repatriation
arrangements by appropriate and expeditious means. The normal mode of transport should be by
air. The Member should prescribe the destinations to which seafarers may be repatriated. The
destinations should include the countries with which seafarers may be deemed to have a
substantial connection including:
        (a) the place at which the seafarer agreed to enter into the engagement;
        (b) the place stipulated by collective agreement;
        (c) the seafarer’s country of residence; or
        (d) such other place as may be mutually agreed at the time of engagement.
7. Seafarers should have the right to choose from among the prescribed destinations the
place to which they are to be repatriated.
8. The entitlement to repatriation may lapse if the seafarers concerned do not claim it within
a reasonable period of time to be defined by national laws or regulations or collective agreements.
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제18425호                               관              보                 2015. 1. 8.(목요일)
                          Guideline B2.5.2 – Implementation by Members
1. Every possible practical assistance should be given to a seafarer stranded in a foreign
port pending repatriation and in the event of delay in the repatriation of the seafarer, the
competent authority in the foreign port should ensure that the consular or local representative of
the flag State and the seafarer’s State of nationality or State of residence, as appropriate, is
informed immediately.
2. Each Member should have regard to whether proper provision is made:
         (a) for the return of seafarers employed on a ship that flies the flag of a foreign
    country who are put ashore in a foreign port for reasons for which they are not responsible:
                 (i) to the port at which the seafarer concerned was engaged; or
                 (ii) to a port in the seafarer’s State of nationality or State of residence, as
              appropriate; or
                 (iii) to another port agreed upon between the seafarer and the master or
             shipowner, with the approval of the competent authority or under other appropriate
             safeguards;
         (b) for medical care and maintenance of seafarers employed on a ship that flies the
         flag of a foreign country who are put ashore in a foreign port in consequence of sickness
         or injury incurred in the service of the ship and not due to their own wilful misconduct.
3. If, after young seafarers under the age of 18 have served on a ship for at least four
months during their first foreign-going voyage, it becomes apparent that they are unsuited to life
at sea, they should be given the opportunity of being repatriated at no expense to themselves
from the first suitable port of call in which there are consular services of the flag State, or the
State of nationality or residence of the young seafarer. Notification of any such repatriation, with
the reasons therefor, should be given to the authority which issued the papers enabling the young
seafarers concerned to take up seagoing employment.
            Regulation 2.6 - Seafarer compensation for the ship’s loss or foundering
Purpose: To ensure that seafarers are compensated when a ship is lost or has foundered
1. Seafarers are entitled to adequate compensation in the case of injury, loss or
unemployment arising from the ship’s loss or foundering.
            Standard A2.6 - Seafarer compensation for the ship’s loss or foundering
1. Each Member shall make rules ensuring that, in every case of loss or foundering of any
ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment
resulting from such loss or foundering.
2. The rules referred to in paragraph 1 of this Standard shall be without prejudice to any
other rights a seafarer may have under the national law of the Member concerned for losses or
injuries arising from a ship’s loss or foundering.
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제18425호                               관              보                 2015. 1. 8.(목요일)
           Guideline B2.6 – Seafarer compensation for the ship’s loss or foundering
               Guideline B2.6.1 - Calculation of indemnity against unemployment
1. The indemnity against unemployment resulting from a ship’s foundering or loss should be
paid for the days during which the seafarer remains in fact unemployed at the same rate as the
wages payable under the employment agreement, but the total indemnity payable to any one
seafarer may be limited to two months’ wages.
2. Each Member should ensure that seafarers have the same legal remedies for recovering
such indemnities as they have for recovering arrears of wages earned during the service.
                                 Regulation 2.7 - Manning levels
Purpose: To ensure that seafarers work on board ships with sufficient personnel for the
           safe, efficient and secure operation of the ship
1. Each Member shall require that all ships that fly its flag have a sufficient number of
seafarers employed on board to ensure that ships are operated safely, efficiently and with due
regard to security under all conditions, taking into account concerns about seafarer fatigue and
the particular nature and conditions of the voyage.
                                 Standard A2.7 - Manning levels
         1. Each Member shall require that all ships that fly its flag have a sufficient number of
seafarers on board to ensure that ships are operated safely, efficiently and with due regard to
security. Every ship shall be manned by a crew that is adequate, in terms of size and
qualifications, to ensure the safety and security of the ship and its personnel, under all operating
conditions, in accordance with the minimum safe manning document or an equivalent issued by
the competent authority, and to comply with the standards of this Convention.
2. When determining, approving or revising manning levels, the competent authority shall
take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest
and to limit fatigue, as well as the principles in applicable international instruments, especially
those of the International Maritime Organization, on manning levels.
3. When determining manning levels, the competent authority shall take into account all the
requirements within Regulation 3.2 and Standard A3.2 concerning food and catering.
                                 Guideline B2.7 - Manning levels
                              Guideline B2.7.1 – Dispute settlement
1. Each Member should maintain, or satisfy itself that there is maintained, efficient
machinery for the investigation and settlement of complaints or disputes concerning the manning
levels on a ship.
2. Representatives of shipowners’ and seafarers’ organizations should participate, with or
without other persons or authorities, in the operation of such machinery.
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