工资、船上工作时间和配员公约

CONVENTION No. 76 Convention concerning Wages， Hours of Work onBoard Ship and Manning

第76号公约

颁布日期：19460629　颁布单位：西雅图

　　[This Convention had not come into force by 1 September 1965. Itwas revised in 1949 by Convention 93 and in 1958 by Convention 109.]

　　The General Conference of the International Labour Organization，

　　Having been convened at Seattle by the Governing Body of theInternational Labour Office， and having met in its Twenty-eighth Sessionon 6 June 1946， and

　　Having decided upon the adoption of certain proposals concerningwages， hours of work on board ship and manning， which is the ninth item onthe agenda of the Session， and

　　Considering that these proposals involve a complete revision of theHours of Work and Manning （Sea） Convention， 1936， and must take the formof an international Convention， adopts this twenty-ninth day of June ofthe year one thousand nine hundred and forty-six the following Convention，which may be cited as the Wages， Hours of Work and Manning （Sea）Convention， 1946：

　　PART I. GENERAL PROVISIONS

　　Article 1

　　Nothing in this Convention shall be deemed to prejudice any provisionconcerning wages， hours of work on board ship， or manning， by law， award，custom or agreement between shipowners and seafarers， which ensures theseafarers conditions more favourable than those provided for by thisConvention.

　　Article 2

　　1. This Convention applies to every vessel， whether publicly orprivately owned， which is——

　　（a） mechanically propelled；

　　（b） registered in a territory for which the Convention is inforce；

　　（c） engaged in the transport of cargo or passengers for thepurpose of trade； and

　　（d） engaged in a voyage by sea.

　　2. This Convention does not apply to——

　　（a） vessels of less than 500 gross register tons；

　　（b） wooden vessels of primitive build such as dhows and junks；

　　（c） vessels engaged in fishing or in operations directly connectedtherewith；

　　（d） estuarial craft.

　　Article 3

　　This Convention applies to every person who is engaged in any capacityon board a vessel except——

　　（a） a master；

　　（b） a pilot not a member of the crew；

　　（c） a doctor；

　　（d） nursing staff engaged exclusively on nursing duties andhospital staff；

　　（e） persons whose duties are connected solely with the cargo onboard；

　　（f） persons working exclusively on their own account orremunerated exclusively by a share of profits or earnings；

　　（g） persons not remunerated for their services or remunerated onlyby a nominal salary or wage；

　　（h） persons， excluding those in the service of a wirelesstelegraphy company， who are employed on board by an employer other thanthe shipowner；

　　（i） travelling dockers （longshoremen） not members of the crew；

　　（j） persons employed in whale-catching， floating factory ortransport vessels or otherwise for the purpose of whaling or similaroperations under conditions regulated by the provisions of a specialcollective whaling or similar agreement determining the rates of pay，hours of work and other conditions of service concluded by an organizationof seafarers；

　　（k） persons who are not members of the crew （whether working on oroff articles） but are employed while the vessel is in port on repairing，cleaning， loading or unloading the vessel or similar work or on portrelief， maintenance， watch or care taking duties.

　　Article 4

　　In this Convention——

　　（a） the term “officer” means a person other than a master who isdescribed in the ship's articles as an officer or who is serving in acapacity which by law， collective agreement or custom as recognised asthat of an officer；

　　（b） the term “rating” means a member of the crew other than amaster or officer and includes a certificated seaman；

　　（c） the term “able seaman” means any person who by national lawsor regulations， or in the absence of such laws or regulations bycollective agreement， is deemed to be competent to perform any duty whichmay be required of a rating serving in the deck department other than theduties of a leading or specialist rating；

　　（d） the term “basic pay or wages” means the remuneration of anofficer or rating in cash， exclusive of overtime， premiums or any otherallowances either in cash or in kind.

　　PART II. WAGES

　　Article 5

　　1. The basic pay or wages for a calendar month of service of an ableseaman employed in a vessel to which this Convention applies shall not beless than sixteen pounds in currency of the United Kingdom of GreatBritain and Northern Ireland or sixty-four dollars in currency of theUnited States of America or the equivalent thereof in other currency.

　　2. In the event of a change in the par value of the pound or thedollar being notified to the International Monetary Fund——

　　（a） the minimum basic wage prescribed in paragraph 1 of thisArticle in terms of the currency in respect of which such notification hasbeen made shall be adjusted so as to maintain equivalence with the othercurrency；

　　（b） the adjustment shall be notified by the Director-General ofthe International Labour Office to the Members of the International LabourOrganization； and

　　（c） the minimum basic wage so adjusted shall be binding uponMembers which have ratified the Convention in the same manner as the wageprescribed in paragraph 1 of this Article， and shall take effect for eachsuch Member not later than the beginning of the second calendar monthfollowing that in which the Director-General communicates the change toMembers.

　　Article 6

　　1. In the case of ships in which are employed such groups of ratingsas necessitate the employment of larger groups of ratings than wouldotherwise be employed the minimum basic pay or wages of an able seamanshall be an amount fixed as the adjusted equivalent of the minimum basicpay or wages stipulated in the preceding Article.

　　2. The adjusted equivalent shall be fixed in accordance with theprinciple of equal pay for equal work and due allowance shall be madefor——

　　（a） the extra number of ratings of such groups who are employed；and

　　（b） any increase or decrease in cost to the shipowner consequenton the employment of such groups of ratings.

　　3. The adjusted equivalent shall be determined by collective agreementbetween the organizations of shipowners and seafarers concerned or，failing such agreement and subject to both countries concerned havingratified the Convention， by the competent authority of the territory ofthe group of seafarers concerned.

　　Article 7

　　If meals are not provided free of charge， the minimum basic pay orwages shall be increased by an amount to be determined by collectiveagreement between the organizations of shipowners and seafarers concernedor， failing such agreement， by the competent authority.

　　Article 8

　　1. The rate to be used for determining the equivalent in othercurrency of the minimum basic pay or wages prescribed in Article 5 shallbe the ratio between the par value of that currency and the par value ofthe pound of the United Kingdom of Great Britain and Northern Ireland orof the dollar of the United States of America.

　　2. In the case of the currency of a Member of the International LabourOrganization which is a Member of the International Monetary Fund the parvalue shall be that currently in effect under the Articles of Agreement ofthe International Monetary Fund.

　　3. In the case of the currency of a Member of the International LabourOrganization which is not a Member of the International Monetary Fund， thepar value shall be the official rate of exchange， in terms of gold or ofthe dollar of the United States of America of the weight and fineness ineffect on 1 July 1944， currently in effect for payments and transfers forcurrent international transactions.

　　4. In the case of any currency which cannot be dealt with under theprovisions of either of the two preceding paragraphs——

　　（a） the rate to be adopted for the purpose of this Article shallbe determined by the Member of the International Labour Organizationconcerned；

　　（b） the Member concerned shall notify its decision to theDirector-General of the International Labour Office， who shall forthwithinform the other Members which have ratified this Convention；

　　（c） within a period of six months from the date on which theinformation is communicated by the Director-General， any other Memberwhich has ratified the Convention may inform the Director-General of theInternational Labour Office that it objects to the decision， and theDirector-General shall thereupon inform the Member concerned and the otherMembers which have ratified the Convention and shall report the matter tothe Committee provided for in Article 21；

　　（d） the foregoing provisions shall apply in the event of anychange in the decision of the Member concerned.

　　5. A change in basic pay or wages as a result of a change in the ratefor determining the equivalent in other currency shall take effect notlater than the beginning of the second calendar month following that inwhich the cha