第146号公约
颁布日期：19761029 　实施日期：19790613 　颁布单位：日内瓦

　　[Date of coming into force： 13 June 1979.]

　　The General Conference of the International Labour Organization，

　　Having been convened¹ at Geneva by the Governing Body of theInternational Labour Office and having met in its Sixty-second Session on13 October 1976， and

　　Having decided² upon the adoption³ of certain proposals with regard toregard to revision of the Paid Vacations （Seafarers） Convention （Revised），1949（No.91）， in the light of， but not necessarily restricted to， theholidays with Pay Convention （Revised）， 1970 （No. 132）， which is thesecond item on the agenda of the session， and

　　Having determined⁴ that these proposals shall take the form of aninternational Convention， adopts this twenty-ninth day of October of theyear one thousand nine hundred and seventy-six the following Convention，which may be cited as the Seafarers' Annual Leave with Pay Convention，1976：

　　Article 1

　　The provisions of this Convention， in so far as they are not otherwisemade effective by means of collective agreements， arbitration⁵ awards，court decisions， statutory wage-fixing machinery⁶， or in such other mannerconsistent with national practice as may be appropriate under nationalconditions， shall be given effect by national laws or regulations.

　　Article 2

　　1. This Convention applies to all persons who are employed asseafarers.

　　2. For the purpose of this Convention， the term “seafarer” means aperson who is employed in any capacity on board a sea-going shipregistered in a territory for which the Convention is in force， otherthan——

　　（a） a ship of war；

　　（b） a ship engaged in fishing or in operations directly connectedtherewith or in whaling or similar pursuits.

　　3. National laws or regulations shall determine， after consultationwith the organizations of shipowners and seafarers concerned， where suchexist， which ships are to be regarded as sea-going ships for the purposeof this Convention.

　　4. Each Member which ratifies⁸ this Convention may， after consultationwith the organizations of employers and workers concerned， where suchexist， extend its application， with the modifications⁹ rendered necessaryby the conditions of the industry， to the persons excluded from thedefinition of seafarers by paragraph 2， subparagraph （b）， of this Article，or to certain categories thereof.

　　5. Each Member which extends the application of this Convention inpursuance of paragraph 4 of this Article at the time of ratifying¹⁰ it shallspecify in a declaration appended to its ratification¹² the categories towhich the application is extended and the modifications， if any， renderednecessary.

　　6. Each Member which has ratified¹³ this Convention may furthersubsequently notify the Director-General of the International LabourOffice， by a declaration， that it extends the application of theConvention to categories beyond those， if any， specified¹⁴ at the time ofratification.

　　7. In so far as necessary， measures may be taken by the competentauthority or through the appropriate machinery in a country， afterconsultation with the organizations of shipowners and seafarers concerned，where such exist， to exclude from the application of this Conventionlimited categories of persons employed on board sea-going ships.

　　8. Each Member which ratifies this Convention shall list， in the firstreport on the application of the Convention submitted under article 22 ofthe Constitution of the International Labour Organization， any categorieswhich may have been excluded in pursuance of paragraphs 3 and 7 of thisArticle， giving the reasons for such exclusion¹⁵， and shall state insubsequent reports the position of its law and practice in respect of thecategories excluded and the extent to which effect has been given or isproposed to be given to the Convention in respect of such categories.

　　Article 3

　　1. Every seafarer to whom this Convention applies shall be entitled toannual leave with pay of a specified minimum length.

　　2. Each Member which ratifies this Convention shall specify¹¹ the lengthof the annual leave in a declaration appended to its ratification.

　　3. The leave shall in no case be less than 30 calendar days for oneyear of service.

　　4. Each Member which has ratified this Convention may subsequentlynotify the Director-General of the International Labour Office， by afurther declaration that it specifies¹⁶ annual leave longer than thatspecified at the time of ratification.

　　Article 4

　　1. A seafarer whose length of service in any year is less than thatrequired for the full entitlement prescribed in the preceding Articleshall be entitled in respect of that year to annual leave with payproportionate to his length of service during that year.

　　2. The expression “year” in this Convention shall mean the calendaryear or any other period of the same length.

　　Article 5

　　1. The manner in which the length of service is calculated for thepurpose of leave entitlement shall be determined by the competentauthority or through the appropriate machinery in each country.

　　2. Under conditions to be determined by the competent authority orthrough the appropriate machinery in each country， service off articlesshall be counted as part of the period of service.

　　3. Under conditions to be determined by the competent authority orthrough the appropriate machinery in each country， absence from work toattend an approved maritime¹⁷ vocational training course or for such reasonsbeyond the control of the seafarer concerned as illness， injury ormaternity shall be counted as part of the period of service.

　　Article 6

　　The following shall not be counted as part of the minimum annual leavewith pay prescribed in Article 3， paragraph 3， of this Convention：

　　（a） public and customary holidays recognised as such in thecountry of the flag， whether or not they fall during the annual leavewith pay；

　　（b） periods of incapacity for work resulting from illness， injuryor maternity¹⁸， under conditions to be determined by the competent authorityor through the appropriate machinery in each country；

　　（c） temporary shore leave granted to a seafarer while on articles；

　　（d） compensatory leave of any kind， under conditions to bedetermined by the competent authority or through the appropriate machineryin each country.

　　Article 7

　　1. Every seafarer taking the annual leave envisaged¹⁹ in this Conventionshall receive in respect of the full period of that leave at least hisnormal remuneration （including the cash equivalent of any part of thatremuneration which is paid in kind）， calculated in a manner to bedetermined by the competent authority or through the appropriate machineryin each country.

　　2. The amounts due in pursuance of paragraph 1 of this Article shallbe paid to the seafarer concerned in advance of the leave， unlessotherwise provided by national laws or regulation or in an agreementapplicable to him and the employer.

　　3. A seafarer who leaves or is discharged from the service of hisemployer before he has taken annual leave due to him shall receive inrespect of such leave due to him the remuneration provided for inparagraph 1 of this Article.

　　Article 8

　　1. The division of the annual leave with pay into parts， or theaccumulation of such annual leave due in respect of one year together witha subsequent period of leave， may be authorised by the competent authorityor through the appropriate machinery in each country.

　　2. Subject to paragraph 1 of this Article and unless otherwiseprovided in an agreement applicable to the employer and the seafarerconcerned， the annual leave with pay prescribed by this Convention shallconsist of an uninterrupted period.

　　Article 9

　　In exceptional cases， provision may be made by the competent authorityor through the appropriate machinery in each country for the substitutionfor annual leave due in virtue²⁰ of this Convention of a cash payment atleast equivalent to the remuneration provided for in Article 7.

　　Article 10

　　1. The time at which the leave is to be taken shall， unless it isfixed by regulation， collective agreement， arbitration award or othermeans consistent with national practice， be determined by the employerafter consultation⁷ and， as far as possible， in agreement with the seafarerconcerned or his representatives.

　　2. No seafarer shall be required without his consent to take annualleave due to him at a place other than that where he was engaged orrecruited， whichever is nearer his home， except under the provisions of acollective agreement or of national laws or regulations.

　　3. If a seafarer is required to take his annual leave from a placeother than that permitted by paragraph 2 of this Article， he shall beentitled to free transportation to the place where he was engaged orrecruited， whichever is nearer his home， and subsistence and other costsdirectly involved in his return there shall be for the account of theemployer； the travel time involved shall not be deducted²¹ from the annualleave with pay due to the seafarer.

　　Article 11

　　Any agreement to relinquish²² the right to the minimum annual leave withpay prescribed in Article 3， paragraph 3， or——except as provided，exceptionally， in pursuance of Article 9 of this Convention——to forgo²³ suchleave， shall be null and void.

　　Article 12

　　A seafarer taking annual leave shall be recalled only in cases ofextreme emergency， with due notice.

　　Article 13

　　Effective measures appropriate to the manner in which effect is givento the provisions of this Convention shall be taken to ensure the properapplication and enforcement of regulations or provisions concerning annualleave with pay， by means of adequate inspection²⁴ or otherwise.

　　Article 14

　　This Convention revises the Paid Vacations （Seafarers） Convention（Revised）， 1949.

　　Article 15

　　The formal ratifications²⁵ of this Convention shall be communicated tothe Director-General of the International Labour office for registration²⁶.

　　Article 16

　　1. This Convention shall be binding²⁷ only upon those Members of theInternational Labour Organization whose ratifications have been registeredwith the Director-General.

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

　　3. Thereafter， this Convention shall come into force for any Membertwelve months after the date on which its ratification has beenregistered.

　　Article 17

　　1. A Member which has ratified this Convention may denounce it afterthe expiration²⁸ of ten years from the date on which the Convention firstcomes into force， by an act communicated to the Director-General of theInternational Labour Office for registration. Such denunciation shall nottake effect until one year after the date on which it is registered.

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

　　Article 18

　　1. The Director-General of the International Labour Office shallnotify all Members of the International Labour Organization of theregistration of all ratifications and denunciations communicated to him bythe Members of the Organization.

　　2. When notifying the Members of the Organization of the registrationof the second ratification communicated to him， the Director-General shalldraw the attention of the Members of the Organization to the date uponwhich the Convention will come into force.

　　Article 19

　　The Director-General of the International Labour Office shallcommunicate to the Secretary-General of the United Nations forregistration in accordance with Article 102 of the denunciation registeredby him in accordance with the provisions of the preceding Articles.

　　Article 20

　　At such times as it may consider necessary the Governing Body of theInternational Labour Office shall present to the General Conference areport on the working of this Convention and shall examine thedesirability of placing on the agenda of the Conference the question ofits revision in whole or in part.

　　Article 21

　　1. Should the Conference adopt a new Convention revising thisConvention in whole or in part， then， unless the new Convention otherwiseprovides——

　　（a） the ratification by a Member of the new revising Conventionshall ipso jure involve the immediate²⁹ denunciation of this Convention，notwithstanding the provisions of Article 17 above， if and when the newrevising Convention shall have come into force；

　　（b） as from the date when the new revising Convention comes intoforce this Convention shall cease to be open to ratification by theMembers.

　　2. This Convention shall in any case remain in force in its actualform and content for those Members which have ratified it but have notratified the revising Convention.

　　Article 22

　　The English and French versions of the text of this Convention areequally authoritative³⁰.

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