Convention (No.145) concerning Continuity of Employment of Seafarers

This Convention applies to persons who are regularly available for work as seafarers and who depend on their work as such for their main annual income.

For the purpose of this Convention the term seafarers means persons defined as such by national law or practice or by collective agreement who are normally employed as crew members on board a sea-going ship other than--

National laws or regulations shall determine when ships are to be regarded as sea-going ships for the purpose of this Convention.

The organisations of employers and workers concerned shall be consulted on or otherwise participate in the establishment and revision of definitions in pursuance of paragraphs 2 and 3 of this Article.

In each member State which has a maritime industry it shall be national policy to encourage all concerned to provide continuous or regular employment for qualified seafarers in so far as this is practicable and, in so doing, to provide shipowners with a stable and competent workforce.

Every effort shall be made for seafarers to be assured minimum periods of employment, or either a minimum income or a monetary allowance, in a manner and to an extent depending on the economic and social situation of the country concerned.

contracts or agreements providing for continuous or regular employment with a shipping undertaking or an association of shipowners; or

arrangements for the regularisation of employment by means of the establishment and maintenance of registers or lists, by categories, of qualified seafarers.

Where the continuity of employment of seafarers is assured solely by the establishment and maintenance of registers or lists, these shall include all occupational categories of seafarers in a manner determined by national law or practice or by collective agreement.

Seafarers on such a register or list shall have priority of engagement for seafaring.

Seafarers on such a register or list shall be required to be available for work in a manner to be determined by national law or practice or by collective agreement.

To the extent that national laws or regulations permit, the strength of registers or lists of seafarers shall be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry.

When a reduction in the strength of such a register or list becomes necessary, all appropriate measures shall be taken to prevent or minimise detrimental effects on seafarers, account being taken of the economic and social situation of the country concerned.

This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.

It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.

Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.

A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the Director-General of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered.

Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article.

The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.

When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.

Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:

This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.