SEAFARERS WHOSE REMUNERATION INCLUDES SEPARATE COMPENSATION FOR OVER TIME WORKED
For seafarers whose remuneration includes separate compensation for overtime worked:
(a) For the purpose of calculating wages, the normal hours of work at sea and in port should not exceed eight hours per day;
(b) For the purpose of calculating overtime, the number of normal hours per week covered by the basic pay or wages should be prescribed by national laws or regulations, if not determined by collective agreements, but should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable treatment;
(c) The rate or rates of compensation for overtime, which should be not less than one and one-quarter times the basic pay or wages per hour, should be prescribed by national laws or regulations or by collective agreements, if applicable; and
(d) Records of all overtime worked should be maintained by the master, or a person assigned by the master, and endorsed by the seafarer at no greater than monthly intervals.
FOR SEAFARERS WHOSE WAGES ARE FULLY OR PARTIALLY CONSOLIDATED
For seafarers whose wages are fully or partially consolidated:
(a) The seafarers’ employment agreement should specify clearly, where appropriate, the number of hours of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in addition to the consolidated wage, and in which circumstances;
(b) Where hourly overtime is payable for hours worked in excess of those covered by the consolidated wage, the hourly rate should be not less than one and one quarter times the basic rate corresponding to the normal hours of work as defined in paragraph 1 of this Guideline; the same principle should be applied to the overtime hours included in the consolidated wage;
(c) Remuneration for that portion of the fully or partially consolidated wage representing the normal hours of work as defined in paragraph 1(a) of this Guideline should be no less than the applicable minimum wage; and
(d) For seafarers whose wages are partially consolidated, records of all overtime worked should be maintained and endorsed as provided for in the prescribed Guideline.
PRINCIPLES TO BE OBSERVED AS BACKED BY NATIONAL LAWS, REGUALTION AND COLLECTIVE AGREEMENTS
(a) Equal remuneration for work of equal value should apply to all seafarers employed on the same ship without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin;
(b) The seafarers’ employment agreement specifying the applicable wages or wage rates should be carried on board the ship; information on the amount of wages or wage rates should be made available to each seafarer, either by providing at least one signed copy of the relevant information to the seafarer in a language which the seafarer understands, or by posting a copy of the agreement in a place accessible to seafarers or by some other appropriate means;
(c) Wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank cheque, postal cheque or money order;
(d) On termination of engagement all remuneration due should be paid without undue delay;
(e) Adequate penalties or other appropriate remedies should be imposed by the competent authority where shipowners unduly delay, or fail to make, payment of all remuneration due;
(f) Wages should be paid directly to seafarers’ designated bank accounts unless they request otherwise in writing;
(g) Subject to subparagraph (h) of this paragraph, the shipowner should impose no limit on seafarers’ freedom to dispose of their remuneration;
(h) Deduction from remuneration should be permitted only if:
– There is an express provision in national laws or regulations or in an applicable collective agreement and the seafarer has been informed, in the manner deemed most appropriate by the competent authority, of the conditions for such deductions; and
– The deductions do not in total exceed the limit that may have been established by national laws or regulations or collective agreements or court decisions for making such deductions;
(i) No deductions should be made from a seafarer’s remuneration in respect of obtaining or retaining employment;
(j) Monetary fines against seafarers other than those authorized by national laws or regulations, collective agreements or other measures should be prohibited;
(k) The competent authority should have the power to inspect stores and services provided on board ship to ensure that fair and reasonable prices are applied for the benefit of the seafarers concerned; etc.
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