The Influence of International Labour Standards on Ships over the Labour Relations of Lithuanian Seafarers
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Abstract
It is very important for Lithuania as a maritime state, a member of International Labour Organization (hereinafter – ILO) and a member of International Maritime Organization (hereinafter – IMO) to elaborate and develop maritime transport, as well as to set minimum labour standards for seafarers. Until now Lithuania has ratified a few special ILO conventions out of 68 and one IMO convention, which sets minimum labour standards for seafarers.
There are no studies or research done in the sphere of regulating the maritime labour relations. The aim of this article is to analyse labour standards on ships in international and national level, as well as to inform about legal loopholes concerning labour relations of seafarers working in ships under Lithuanian flag jurisdiction. In order to achieve the aim of this article the following tasks are set: to analyse the development of labour relations on ships, to overview international organizations` impact towards global harmonization of seafarers’ labour conditions as well as to list the gaps in implementation of seafarers labour standards in Lithuania. The object of the article is social legal relations, concerning application of international labour standards to seafarers in Lithuanian labour law.
The following methods were used during the research: historical – genetic, explanatory and analytical. The article consists of introductory part, three main parts and conclusions. In the first part of the article the impact of international organizations on the regulation of the seafarers’ labour relations is analysed. Two major organizations which have the most impact on regulating labour relations and accommodation facilities of the seafarers are separated – International Labour organization and International Maritime organization. In the second and third part of the article the transfer of the international labour standards to Lithuanian legal basis before and after independence (1990) restoration are analysed.
Lithuanian membership in international organizations is not only important while becoming a competitive maritime state but also because of possibilities of harmonizing seafarers labour conditions globally. This is why ratification of the 2006 Consolidated Maritime Labour Convention adopted during the Maritime Session of the International Labor Conference would ease Lithuania’s competition in global maritime transport market and would assure the acknowledgement while securing the rights and social guarantees of the seafarers working not only in ships under Lithuanian flag jurisdiction but also in other ships of the contracting states of the Convention coming to Lithuanian ports. Yet there are many legal changes to be done and even new laws to be enacted by the Lithuanian Government before the ratification of the Convention taker place.
There are no studies or research done in the sphere of regulating the maritime labour relations. The aim of this article is to analyse labour standards on ships in international and national level, as well as to inform about legal loopholes concerning labour relations of seafarers working in ships under Lithuanian flag jurisdiction. In order to achieve the aim of this article the following tasks are set: to analyse the development of labour relations on ships, to overview international organizations` impact towards global harmonization of seafarers’ labour conditions as well as to list the gaps in implementation of seafarers labour standards in Lithuania. The object of the article is social legal relations, concerning application of international labour standards to seafarers in Lithuanian labour law.
The following methods were used during the research: historical – genetic, explanatory and analytical. The article consists of introductory part, three main parts and conclusions. In the first part of the article the impact of international organizations on the regulation of the seafarers’ labour relations is analysed. Two major organizations which have the most impact on regulating labour relations and accommodation facilities of the seafarers are separated – International Labour organization and International Maritime organization. In the second and third part of the article the transfer of the international labour standards to Lithuanian legal basis before and after independence (1990) restoration are analysed.
Lithuanian membership in international organizations is not only important while becoming a competitive maritime state but also because of possibilities of harmonizing seafarers labour conditions globally. This is why ratification of the 2006 Consolidated Maritime Labour Convention adopted during the Maritime Session of the International Labor Conference would ease Lithuania’s competition in global maritime transport market and would assure the acknowledgement while securing the rights and social guarantees of the seafarers working not only in ships under Lithuanian flag jurisdiction but also in other ships of the contracting states of the Convention coming to Lithuanian ports. Yet there are many legal changes to be done and even new laws to be enacted by the Lithuanian Government before the ratification of the Convention taker place.
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Please see Copyright and Licence Agreement for further details.
