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ILO Protocol on seafarers' conditions of work sets international legal precedent

GENEVA (ILO News) - The International Labour Organization (ILO) campaign for minimum standards at work for seafarers has received an important boost with the forthcoming entry into force of two key international labour standards governing hours of work and the right to inspect ships.

Press release | 04 March 2002

GENEVA (ILO News) - The International Labour Organization (ILO) campaign for minimum standards at work for seafarers has received an important boost with the forthcoming entry into force of two key international labour standards governing hours of work and the right to inspect ships.

The 1996 Protocol to the Merchant Shipping (Minimum Standards) Convention No. 147, 1976, is set to make an international legal precedent as the first international instrument to allow countries to inspect ships purely because of concerns over seafarers' hours of work. The inspections will be legal even on ships that are sailing under the flag of a country which has not ratified Convention 147 or the Protocol.

Previously, countries had been able to launch port inspections and detain vessels on other aspects of working conditions but not out of a concern for excessive working hours of those employed on the ship.

The Protocol establishes the principle that the fatigue of a vessel's employees can be a legitimate legal concern of a State in whose port the ship is docked - even when the ship is registered and owned elsewhere.

The Protocol will come into force on 10 January 2003. Malta's ratification gave it the necessary number of signatories to become law (it has also achieved the required support of at least three countries each with one million gross tonnage of shipping: Ireland, Sweden, the UK).

The Seafarers' Hours of Work and the Manning of Ships Convention No. 180, 1996, which stipulates maximum working hours and minimum hours of rest, has also gained the required ratifications and will come into force on 8 August 2002.

The Convention limits seafarers to a maximum of 14 hours work (or a minimum 10 hours rest) in any 24 hour period, and a maximum 72 hours work (or 77 hours rest) in any seven day period. Fatigue due to excessive working hours has previously been cited as a cause of accidents. The Convention sets requirements for recording and monitoring hours of work to enable inspection by both port and flag states.

Exceptions to the working hours limits are allowed if there are threats to 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.

Article 6 of the Convention requires signatories to ensure that those between 16 and 18 years of age do not work at night, except on established training programmes. As part of the ILO's efforts to eliminate child labour across the world, the Convention forbids children under 16 from working aboard ships in any circumstances.

Notes to editors:

  • The text of the protocol and conventions are available on the ILOLEX Database ( http://ilolex.ilo.ch:1567/english/index.htm).
  • The 1996 Protocol to the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) has been ratified by: Ireland, Malta, Romania, Sweden, United Kingdom.
  • The Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180) has been ratified by Ireland, Morocco, Romania, Saint Vincent and the Grenadines, Sweden, United Kingdom.