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

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

　　Whole document　

　　　The General Conference of the International Labour Organization,Having been convened at Seattle by the Governing Body of the　International Labour Office,　and having met in its Twenty-eighth Session　on 6 June 1946, and　Having decided upon the adoption of certain proposals concerning　wages, hours of work on board ship and manning, which is the ninth item on　the agenda of the Session,　and　　　Considering that these proposals involve a complete revision of the　Hours of Work and Manning (Sea) Convention, 1936, and must take the form　of an international Convention,　adopts this twenty-ninth day of June of　the 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 provision　concerning wages,　hours of work on board ship, or manning, by law, award,　custom or agreement between shipowners and seafarers, which ensures the　seafarers conditions more favourable than those provided for by this　Convention.

　Article 2

　　　1. This Convention applies to every vessel, whether publicly or　privately owned, which is--

　　　　　(a) mechanically propelled;

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

　　　　　(c) engaged in the transport of cargo or passengers for the　purpose 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 connected　therewith;

　　　　　(d) estuarial craft.　

　Article 3

　　　This Convention applies to every person who is engaged in any capacity　on 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 and　hospital staff;

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

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

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

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

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

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

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

　Article 4

　　　In this Convention--

　　　　　(a) the term "officer" means a person other than a master who is described in the ship's articles as an officer or who is serving in a　capacity which by law, collective agreement or custom as recognised as　that of an officer;

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

　　　　　(c) the term "able seaman" means any person who by national laws　or regulations, or in the absence of such laws or regulations by　collective agreement, is deemed to be competent to perform any duty which　may be required of a rating serving in the deck department other than the　duties of a leading or specialist rating;

　　　　　(d) the term "basic pay or wages" means the remuneration of an　officer or rating in cash, exclusive of overtime, premiums or any other　allowances 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 able　seaman employed in a vessel to which this Convention applies shall not be　less than sixteen pounds in currency of the United Kingdom of Great　Britain and Northern Ireland or sixty-four dollars in currency of the　United 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 the　dollar being notified to the International Monetary Fund--

　　　　　(a) the minimum basic wage prescribed in paragraph 1 of this　Article in terms of the currency in respect of which such notification has　been made shall be adjusted so as to maintain equivalence with the other　currency;

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

　　　　　(c) the minimum basic wage so adjusted shall be binding upon　Members which have ratified the Convention in the same manner as the wage　prescribed in paragraph 1 of this Article, and shall take effect for each　such Member not later than the beginning of the second calendar month　following that in which the Director-General communicates the change to　Members.

　Article 6

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

　　　2. The adjusted equivalent shall be fixed in accordance with the　principle of equal pay for equal work and due allowance shall be made　for--

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

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

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

　Article 7

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