Merchant Shipping (International Labour Conventions) Act 1925

SCHEDULES.

Preamble, Section 2.

FIRST SCHEDULE

PART I Draft Convention concerning Unemployment Indemnity in Case op Loss or Foundering op the Ship

ARTICLE 1

For the purpose of this Convention, the term " seamen " includes all persons employed on any vessel engaged in maritime navigation.

For the purpose of this Convention, the term " vessel " includes all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned ; it excludes ships of war.

ARTICLE 2

In every case of loss or foundering of any vessel the owner or person with whom the seaman has contracted for service on board the vessel shall pay to each seaman employed thereon an indemnity against unemployment resulting from such loss or foundering.

This indemnity shall be paid for the days during which the seaman remains in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable under this Convention to any one seaman may be limited to two months' wages.

ARTICLE 3

Seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service.

ARTICLE 4

Each member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, protectorates and possessions which are not fully self-governing :

(a) Except where owing to the local conditions its provisions are inapplicable; or

(b) Subject to such modifications as may be necessary to adapt its provisions to local conditions.

Each member shall notify to the International Labour Office the action taken in respect of each of its colonies, protectorates and possessions which are not fully self-governing.

PART II Draft Convention fixing the Minimum Age for the Admission of Young Persons to Employment as Trimmers or Stokers

ARTICLE 1

For the purpose of this Convention, the term " vessel " includes all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned ; it excludes ships of war.

ARTICLE 2

Young persons under the age of eighteen years shall not be employed or work on vessels as trimmers or stokers.

ARTICLE 3

The provisions of Article 2 shall not apply:

(a) To work done by young persons on school-ships or training-ships, provided that such work is approved and supervised by public authority ;

(b) To the employment of young persons on vessels mainly propelled by other means than steam ;

(c) To young persons of not less than sixteen years of age, who, if found physically fit after medical examination, may be employed as trimmers or stokers on vessels exclusively engaged in the coastal trade of India and of Japan, subject to regulations made after consultation with the most representative, organisations of employers and workers in those countries.

ARTICLE 4

When a trimmer or stoker is required in a port where young persons of less than eighteen years of age only are , available, such young persons may be employed and in that case it shall be necessary to engage two young persons in place of the trimmer or stoker required. Such young persons shall be at least sixteen years of age.

ARTICLE 5

In order to facilitate the enforcement of the provisions of this Convention, every shipmaster shall he required to keep a register of all persons under the age of eighteen years employed on board his vessel, or a list of them in the articles of agreement, and of the dates of their births.

ARTICLE 6

Articles of agreement shall contain a brief summary of the provisions of this Convention.

ARTICLE 11

Each member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 421 of the Treaty of Versailles and of the corresponding Articles of the other Treaties of Peace.

PART III Draft Convention concerning the Compulsory Medical Examination op Children and Young Persons Employed at Sea

ARTICLE 1

For the purpose of this Convention, the term "vessel" includes all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned ; it excludes ships of war.

ARTICLE 2

The employment of any child or young person under eighteen years of age on any vessel, other than vessels upon which only members of the same family are employed, shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority.

ARTICLE 3

The continued employment at sea of any such child or young person shall be subject to the repetition of such medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work. Should a medical certificate expire in the course of a voyage, it shall remain in force until the end of the said voyage.

ARTICLE 4

In urgent cases, the competent authority may allow a young person below the age of eighteen years to embark without having undergone the examination provided for in Articles 2 and 3 of this Convention, always provided that such an examination shall be undergone at the first port at which the vessel calls.

ARTICLE 9

Each member of the International Labour Organisation which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 421 of the Treaty of Versailles and of the corresponding Articles of the other Treaties of Peace.

Section 6.

SECOND SCHEDULE Dominions to which Act may not be applied by Order in Council

• British India.

• The Dominion of Canada.

• The Commonwealth of Australia (including Papua and Norfolk Island).

• The Dominion of New Zealand.

• The Union of South Africa.

• The Irish Free State.

• Newfoundland.