ILO Convention (No.
180) concerning Seafarers' Hours of Work and the Manning of Ships
(Geneva, 22 October 1996)
THE GENERAL CONFERENCE OF THE INTERNATIONAL
HAVING BEEN CONVENED at Geneva by the
Governing Body of the International Labour Office, and having met in its
Eighty-fourth Session on 8 October 1996, and,
NOTING the provisions of the Merchant
Shipping (Minimum Standards) Convention, 1976 and the Protocol of 1996
thereto; and the Labour Inspection (Seafarers) Convention, 1996, and
RECALLING the relevant provisions of
the following instruments of the International Maritime Organization: International
Convention for the Safety of Life at Sea, 1974, as amended, the International
Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978, as amended in 1995, Assembly resolution A481(XII)(1981)
on Principles of Safe Manning, Assembly resolution A741(18)(1993) on the
International Code for the Safe Operation of Ships and for Pollution Prevention
(International Safety Management (ISM) Code), and Assembly resolution A772(18)(1993)
on Fatigue Factors in Manning and Safety, and
RECALLING the entry into force of the
United Nations Convention on the Law of the Sea, 1982, on 16 November 1994,
HAVING DECIDED upon the adoption of
certain proposals with regard to the revision of the Wages, Hours of Work
and Manning (Sea) Convention (Revised), 1958, and the Wages, Hours of Work
and Manning (Sea) Recommendation, 1958, which is the second item of the
agenda of the session, and
HAVING DETERMINED that these proposals
shall take the form of an international Convention;
ADOPTS , this twenty-second day day
of October of the year one thousand nine hundred and ninety-six, the following
Convention, which may be cited as the Seafarers' Hours of Work and the
Manning of Ships Convention, 1996:
SCOPE AND DEFINITIONS
1. This Convention applies to every seagoing
ship, whether publicly or privately owned, which is registered in the territory
of any Member for which the Convention is in force and is ordinarily engaged
in commercial maritime operations. For the purpose of this Convention,
a ship that is on the register of two Members is deemed to be registered
in the territory of the Member whose flag it flies.
2. To the extent it deems practicable, after
consulting the representative organizations of fishing-vessel owners and
fishermen, the competent authority shall apply the provisions of this Convention
to commercial maritime fishing.
3. In the event of doubt as to whether or
not any ships are to be regarded as seagoing ships or engaged in commercial
maritime operations or commercial maritime fishing for the purpose of the
Convention, the question shall be determined by the competent authority
after consulting the organizations of shipowners, seafarers and fishermen
4. This Convention does not apply to wooden
vessels of traditional build such as dhows and junks.
For the purpose of this Convention:
(a) the term "competent authority" means the
minister, government department or other authority having power to issue
regulations, orders or other instructions having the force of law in respect
of seafarers' hours of work or rest or the manning of ships;
(b) the term "hours of work" means time during
which a seafarer is required to do work on account of the ship;
(c) the term "hours of rest" means time outside
hours of work; this term does not include short breaks;
(d) the term "seafarer" means any person defined
as such by national laws or regulations or collective agreements who is
employed or engaged in any capacity on board a seagoing ship to which this
(e) the term "shipowner" means the owner of
the ship or any other organization or person, such as the manager or bareboat
charterer, who has assumed the responsibility for the operation of the
ship from the shipowner and who on assuming such responsibility has agreed
to take over all the attendant duties and responsibilities.
SEAFARERS' HOURS OF WORK AND HOURS OF REST
Within the limits set out in Article 5, there
shall be fixed either a maximum number of hours of work which shall not
be exceeded in a given period of time, or a minimum number of hours of
rest which shall be provided in a given period of time.
A Member which ratifies this Convention acknowledges
that the normal working hours' standard for seafarers, like that for other
workers, shall be based on an eight-hour day with one day of rest per week
and rest on public holidays. However, this shall not prevent the Member
from having procedures to authorize or register a collective agreement
which determines seafarers' normal working hours on a basis no less favourable
than this standard.
1. The limits on hours of work or rest shall
be as follows:
(a) maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period;
(b) minimum hours of rest shall not be less
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.
2. Hours of rest may be divided into no more
than two periods, one of which shall be at least six hours in length, and
the interval between consecutive periods of rest shall not exceed 14 hours.
3. Musters, fire-fighting and lifeboat drills,
and drills prescribed by national laws and regulations and by international
instruments shall be conducted in a manner that minimizes the disturbance
of rest periods and does not induce fatigue.
4. In respect of situations when a seafarer
is on call, such as when a machinery space is unattended, the seafarer
shall have an adequate compensatory rest period if the normal period of
rest is disturbed by call-outs to work.
5. If no collective agreement or arbitration
award exists or if the competent authority determines that the provisions
in the agreement or award in respect of paragraph 3 or 4 are inadequate,
the competent authority shall determine such provisions to ensure the seafarers
concerned have sufficient rest.
6. Nothing in paragraphs 1 and 2 shall prevent
the Member from having national laws or regulations or a procedure for
the competent authority to authorize or register collective agreements
permitting exceptions to the limits set out. Such exceptions shall, as
far as possible, follow the standards set out but may take account of more
frequent or longer leave periods or the granting of compensatory leave
for watchkeeping seafarers or seafarers working on board ships on short
7. The Member shall require the posting, in
an easily accessible place, of a table with the shipboard working arrangements,
which shall contain for every position at least:
(a) the schedule of service at sea and service
in port; and
(b) the maximum hours of work or the minimum
hours of rest required by the laws, regulations or collective agreements
in force in the flag State.
8. The table referred to in paragraph 7 shall
be established in a standardized format in the working language or languages
of the ship and in English.
No seafarer under 18 years of age shall work
at night. For the purpose of this Article, "night" means a period of at
least nine consecutive hours, including the interval from midnight to five
a.m. This provision need not be applied when the effective training of
young seafarers between the ages of 16 and 18 in accordance with established
programmes and schedules would be impaired.
1. Nothing in this Convention shall be deemed
to impair the right of the master of a ship to require a seafarer to perform
any hours of work necessary for the immediate safety of the ship, persons
on board or cargo, or for the purpose of giving assistance to other ships
or persons in distress at sea.
2. In accordance with paragraph 1, the master
may suspend the schedule of hours of work or hours of rest and require
a seafarer to perform any hours of work necessary until the normal situation
has been restored.
3. As soon as practicable after the normal
situation has been restored, the master shall ensure that any seafarers
who have performed work in a scheduled rest period are provided with an
adequate period of rest.
1. The Member shall require that records of
seafarers' daily hours of work or of their daily hours of rest be maintained
to allow monitoring of compliance with the provisions set out in Article
5. The seafarer shall receive a copy of the records pertaining to him or
her which shall be endorsed by the master, or a person authorized by the
master, and by the seafarer.
2. The competent authority shall determine
the procedures for keeping such records on board, including the intervals
at which the information shall be recorded. The competent authority shall
establish the format of the records of the seafarers' hours of work or
of their hours of rest taking into account any available International
Labour Organization guidelines or shall use any standard format prepared
by the Organization. The format shall be established in the language or
languages provided by Article 5, paragraph 8.
3. A copy of the relevant provisions of the
national legislation pertaining to this Convention and the relevant collective
agreements shall be kept on board and be easily accessible to the crew.
The competent authority shall examine and
endorse the records referred to in Article 8, at appropriate intervals,
to monitor compliance with the provisions governing hours of work or hours
of rest that give effect to this Convention.
If the records or other evidence indicate
infringement of provisions governing hours of work or hours of rest, the
competent authority shall require that measures, including if necessary
the revision of the manning of the ship, are taken so as to avoid future
MANNING OF SHIPS
1. Every ship to which this Convention applies
shall be sufficiently, safely and efficiently manned, in accordance with
the minimum safe manning document or an equivalent issued by the competent
2. When determining, approving or revising
manning levels, the competent authority shall take into account:
(a) the need to avoid or minimize, as far
as practicable, excessive hours of work, to ensure sufficient rest and
to limit fatigue; and
(b) the international instruments identified
in the Preamble.
No person under 16 years of age shall work
on a ship.
RESPONSIBILITIES OF SHIPOWNERS AND MASTERS
The shipowner shall ensure that the master
is provided with the necessary resources for the purpose of compliance
with obligations under this Convention, including those relating to the
appropriate manning of the ship. The master shall take all necessary steps
to ensure that the requirements on seafarers' hours of work and rest arising
from this Convention are complied with.
A Member which ratifies this Convention shall
be responsible for the application of its provisions by means of laws or
regulations, except where effect is given by collective agreements, arbitration
awards or court decisions.
The Member shall:
(a) take all necessary measures, including
the provision of appropriate sanctions and corrective measures, to ensure
the effective enforcement of the provisions of this Convention;
(b) have appropriate inspection services to
supervise the application of the measures taken in pursuance of this Convention
and provide them with the necessary resources for this purpose; and
(c) after consulting shipowners' and seafarers'
organizations, have procedures to investigate complaints relating to any
matter contained in this Convention.
This Convention revises the Wages, Hours of
Work and Manning (Sea) Convention (Revised), 1958; the Wages, Hours of
Work and Manning (Sea) Convention (Revised), 1949; the Wages, Hours of
Work and Manning (Sea) Convention, 1946; and the Hours of Work and Manning
(Sea) Convention, 1936. As from the date this Convention has come into
force, the above-listed Conventions shall cease to be open to ratification.
The formal ratifications of this Convention
shall be communicated to the Director-General of the International Labour
Office for registration.
1. This Convention shall be binding only upon
those Members of the International Labour Organization whose ratifications
have been registered with the Director-General of the International Labour
2. This Convention shall come into force six
months after the date on which the ratifications of five Members, three
of which each have a least one million gross tonnage of shipping, have
been registered with the Director-General of the International Labour Office.
3. Thereafter, this Convention shall come
into force for any Member six months after the date on which its ratification
has been registered.
1. 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.
2. 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.
1. The Director-General of the International
Labour Office shall notify all Members of the International Labour Organization
of the registration of all ratifications and denunciations communicated
by the Members of the Organization.
2. When the conditions provided for in Article
18, paragraph 2, above have been fulfilled, the Director-General shall
draw the attention of the Members of the Organization to the date upon
which the Convention shall come into force.
The Director-General of the International
Labour Office shall communicate to the Secretary-General of the United
Nations, for registration in accordance with Article 102 of the Charter
of the United Nations, full particulars of all ratifications and acts of
denunciation registered by the Director-General in accordance with the
provisions of the preceding Articles.
At such times as it may consider necessary,
the Governing Body of the International Labour Office shall present to
the General Conference a report on the working of this Convention and shall
examine the desirability of placing on the agenda of the Conference the
question of its revision in whole or in part.
1. Should the Conference adopt a new Convention
revising this Convention in whole or in part, then, unless the new Convention
(a) the ratification by a Member of the new
revising Convention shall ipso jure involve the immediate denunciation
of this Convention, notwithstanding the provisions of Article 19 above,
if and when the new revising Convention shall have come into force;
(b) as from the date when the new revising
Convention comes into force, this Convention shall cease to be open to
ratification by the Members.
2. 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.
The English and French versions of the text
of this Convention are equally authoritative.