C182 - Worst Forms of Child Labour Convention, 1999

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SCOPE

Article 1

1. Each Member which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 2

1. 1. The types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999.
   • (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;
   • (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
     • (i) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
     • (ii) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
   • (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
2. 2. The competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist.
3. 3. The list of the types of work determined under paragraph 1 of this Article shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned.

Article 1

SCOPE (see 185)

1. 1. For the purposes of this Convention, the term seafarer means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation.
2. 2. In the event of any doubt whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined in accordance with the provisions of this Convention by the competent authority of the State of nationality or permanent residence of such persons after consulting with the shipowners' and seafarers' organizations concerned.
3. 3. After consulting the representative organizations of fishing-vessel owners and persons working on board fishing vessels, the competent authority may apply the provisions of this Convention to commercial maritime fishing.

Article 2

ISSUANCE OF SEAFARERS' IDENTITY DOCUMENTS (see 185)

1. 1. Each Member for which this Convention is in force shall issue to each of its nationals who is a seafarer and makes an application to that effect a seafarers' identity document conforming to the provisions of Article 3 of this Convention.
2. 2. Unless otherwise provided for in this Convention, the issuance of seafarers' identity documents may be subject to the same conditions as those prescribed by national laws and regulations for the issuance of travel documents.
3. 3. Each Member may also issue seafarers' identity documents referred to in paragraph 1 to seafarers who have been granted the status of permanent resident in its territory. Permanent residents shall in all cases travel in conformity with the provisions of Article 6, paragraph 7.
4. 4. Each Member shall ensure that seafarers' identity documents are issued without undue delay.
5. 5. Seafarers shall have the right to an administrative appeal in the case of a rejection of their application.
6. 6. This Convention shall be without prejudice to the obligations of each Member under international arrangements relating to refugees and stateless persons.

PART II. PROTECTION PROVIDED

GENERAL STANDARDS

Article 7

1. The legislation of each Member shall provide for seafarers to whom the legislation of that Member is applicable social security protection not less favourable than that enjoyed by shoreworkers in respect of each of the branches of social security mentioned in Article 3 for which it has legislation in force.

MINIMUM STANDARDS

Article 9

1. When a Member has undertaken to apply the provisions of this Article to any branch of social security, seafarers and, where applicable, their dependants and survivors who are protected by the legislation of that Member shall be entitled to social security benefits not less favourable in respect of contingencies covered, conditions of award, level and duration than those specified in the following provisions of the Social Security (Minimum Standards) Convention, 1952, for the branch in question:
   • (a) for medical care in Articles 8, 10 (paragraphs 1, 2 and 3), 11 and 12 (paragraph 1);
   • (b) for sickness benefit in Articles 14, 16 (in conjunction with Article 65 or 66 or 67), 17 and 18 (paragraph 1);
   • (c) for unemployment benefit in Articles 20, 22 (in conjunction with Article 65 or 66 or 67), 23 and 24;
   • (d) for old-age benefit in Articles 26, 28 (in conjunction with Article 65 or 66 or 67), 29 and 30;
   • (e) for employment injury benefit in Articles 32, 34 (paragraphs 1, 2 and 4), 35, 36 (in conjunction with Article 65 or 66) and 38;
   • (f) for family benefit in Articles 40, 42, 43, 44 (in conjunction with Article 66, where applicable) and 45;
   • (g) for maternity benefit in Articles 47, 49 (paragraphs 1, 2 and 3), 50 (in conjunction with Article 65 or 66), 51 and 52;
   • (h) for invalidity benefit in Articles 54, 56 (in conjunction with Article 65 or 66 or 67), 57 and 58;
   • (i) for survivors' benefit in Articles 60, 62 (in conjunction with Article 65 or 66 or 67), 63 and 64.

PART V. STANDARDS TO BE COMPLIED WITH BY PERIODICAL PAYMENTS

Article 26

1. 1. In the case of a periodical payment to which this Article applies, the rate of the benefit, increased by the amount of any family allowances payable during the contingency, shall be such as to attain, in respect of the contingency in question, for the standard beneficiary indicated in the Schedule appended to this Part, at least the percentage indicated therein of the total of the previous earnings of the beneficiary or his breadwinner and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary.
2. 2. The previous earnings of the beneficiary or his breadwinner shall be calculated according to prescribed rules, and, where the persons protected or their breadwinners are arranged in classes according to their earnings, their previous earnings may be calculated from the basic earnings of the classes to which they belonged.
3. 3. A maximum limit may be prescribed for the rate of the benefit or for the earnings taken into account for the calculation of the benefit, provided that the maximum limit is fixed in such a way that the provisions of paragraph 1 of this Article are complied with where the previous earnings of the beneficiary or his breadwinner are equal to or lower than the wage of a skilled manual male employee.

SCHEDULE TO PART V: PERIODICAL PAYMENTS TO STANDARD BENEFICIARIES

Part	Contingency	Standard beneficiary	Percentage
II	Invalidity	Man with wife and two children	50
III	Old age	Man with wife of pensionable age	45
IV	Death of breadwinner	Widow with two children	45

The Regulations and the Code

Title 1. Minimum Requirements for Seafarers to Work on a Ship

Regulation

Regulation 1.1 - Minimum age

Purpose: To ensure that no under-age persons work on a ship

1. 1. No person below the minimum age shall be employed or engaged or work on a ship.
2. 2. The minimum age at the time of the initial entry into force of this Convention is 16 years.
3. 3. A higher minimum age shall be required in the circumstances set out in the Code.

Standard

Standard A1.1 - Minimum age

Record of employment

1. 1. The employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited.
2. 2. Night work of seafarers under the age of 18 shall be prohibited. For the purposes of this Standard, night shall be defined in accordance with national law and practice. It shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m.
3. 3. An exception to strict compliance with the night work restriction may be made by the competent authority when:
   • (a) the effective training of the seafarers concerned, in accordance with established programmes and schedules, would be impaired; or
   • (b) the specific nature of the duty or a recognized training programme requires that the seafarers covered by the exception perform duties at night and the authority determines, after consultation with the shipowners' and seafarers' organizations concerned, that the work will not be detrimental to their health or well-being.
4. 4. The employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety. The types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners' and seafarers' organizations concerned, in accordance with relevant international standards.

Title 2. Conditions of Employment

Regulation

Regulation 2.1 - Seafarers' employment agreements

Purpose: To ensure that seafarers have a fair employment agreement

1. 1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code.
2. 2. Seafarers' employment agreements shall be agreed to by the seafarer under conditions which ensure that the seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts them before signing.
3. 3. To the extent compatible with the Member's national law and practice, seafarers' employment agreements shall be understood to incorporate any applicable collective bargaining agreements.

Standard

Standard A2.1 - Seafarers' employment agreements

1. 1. Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following requirements:
   • (a) seafarers working on ships that fly its flag shall have a seafarers' employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner (or, where they are not employees, evidence of contractual or similar arrangements) providing them with decent working and living conditions on board the ship as required by this Convention;
   • (b) seafarers signing a seafarers' employment agreement shall be given an opportunity to examine and seek advice on the agreement before signing, as well as such other facilities as are necessary to ensure that they have freely entered into an agreement with a sufficient understanding of their rights and responsibilities;
   • (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.

Guideline

Guideline B2.1 - Seafarers' employment agreements

Guideline B2.1.1 - Record of employment

1. 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

Regulation 2.2 - Wages

Purpose: To ensure that seafarers are paid for their services

1. 1. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements.