Konvencija o radu pomoraca, 2006 (engleski i hrvatski jezik)
Konvencija o radu pomoraca, 2006 (engleski i hrvatski jezik) Konvencija o radu pomoraca, 2006 (engleski i hrvatski jezik)
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; (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. 140
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. 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 141
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3. The document referred to in paragraph 1(e) of this Standard shall not contain any statement as to<br />
the quality of the seafarers’ work or as to their wages. The form of the document, the particulars to be<br />
recorded and the manner in which such particulars are to be entered, shall be determined by national<br />
law.<br />
4. Each Member shall adopt laws and regulations specifying the matters that are to be included in all<br />
seafarers’ employment agreements governed by its national law. Seafarers’ employment agreements<br />
shall in all cases contain the following particulars:<br />
(a) the seafarer’s full name, date of birth or age, and birthplace;<br />
(b) the shipowner’s name and address;<br />
(c) the place where and date when the seafarers’ employment agreement is entered into;<br />
(d) the capacity in which the seafarer is to be employed;<br />
(e) the amount of the seafarer’s wages or, where applicable, the formula used for calculating them;<br />
(f) the amount of paid annual leave or, where applicable, the formula used for calculating it;<br />
(g) the termination of the agreement and the conditions thereof, including:<br />
(i) if the agreement has been made for an indefinite period, the conditions entitling either party to<br />
terminate it, as well as the required notice period, which shall not be less for the shipowner than for the<br />
seafarer;<br />
(ii) if the agreement has been made for a definite period, the date fixed for its expiry; and<br />
(iii) if the agreement has been made for a voyage, the port of destination and the time which has to<br />
expire after arrival before the seafarer should be discharged;<br />
(h) the health and social security protection benefits to be provided to the seafarer by the shipowner;<br />
(i) the seafarer’s entitlement to repatriation;<br />
(j) reference to the collective bargaining agreement, if applicable; and<br />
(k) any other particulars which national law may require.<br />
5. Each Member shall adopt laws or regulations establishing minimum notice periods to be given by the<br />
seafarers and shipowners for the early termination of a seafarers’ employment agreement. The duration<br />
of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’<br />
organizations concerned, but shall not be shorter than seven days.<br />
6. A notice period shorter than the minimum may be given in circumstances which are recognized under<br />
national law or regulations or applicable collective bargaining agreements as justifying termination of<br />
the employment agreement at shorter notice or without notice. In determining those circumstances,<br />
each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment<br />
agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into<br />
account.<br />
140