Working time limits at sea, a hundred-year construction. (November 2020)

• Record Type: Journal Article
• Authors: Baumler, Raphael
• Is Part Of: Marine policy. Volume 121(2020)
• Publication Date: 2020-11
• Subjects: Special nature -- Rest hours -- Maritime governance -- Tonnage -- Manning -- Fatigue management; Marine resources -- Economic aspects -- Periodicals; Fisheries -- Periodicals; Ressources marines -- Aspect économique -- Périodiques; Pêches -- Périodiques; Fisheries; Marine resources -- Economic aspects; Periodicals; 333.916405
• DOI: 10.1016/j.marpol.2020.104101
• Languages: English
• ISSNs: 0308-597X

Abstract

Abstract: In a view to protect workers from extended work periods as well as to comply with the Versailles Peace Treaty requirements, the International Labour Organization (ILO) regulated hours of work from 1919 using '8-hour workday and 48-h workweek' as yardsticks. However, a historical perspective demonstrates the ILO's difficulties in integrating such standards for sea workers. From 1920 to 1958, the ILO endeavoured to anchor the 8-hour workday principle in maritime conventions on working time and to ensure compliance by quantifying manning levels. Facing sectoral opposition and the obstacle of the minimum tonnage requirement, none of the conventions adopted during the first period entered into force. A second regulatory wave (1995–2007) initiated by the International Maritime Organization (IMO) orientated working time towards fatigue management and adopted the 14-hour workday. Absorbed by the ILO from 1996, this threshold facilitated the implementation of working time standards for sea workers. The existence of autonomous maritime governance at the ILO and the IMO complemented by the incorporation of the tonnage clause in maritime convention allowed the acceptance of the 14-hour workday system in spite of breaching the universal principles established a century ago. The departure between maritime and land standards show that sectoral interests prevail over labour rights. More decisively, current standards detached labour rights from workers' human nature and attached them directly to sectoral interests. Highlights: The current working standards at sea adopted by the IMO and the ILO allow 14-hour workday (STCW and MLC, 2006) and up to 98-hour week (STCW). It significantly deviates from established 1919 ILO working time norms based on 8-hour day and 48-hour week. The paper investigates the progressive downgrading of sea workers' standards (seafarers and fishers). It highlights the role of maritime governance mechanism and tonnage criteria as significant issues. It also highlights the inclusion of IMO's fatigue management approach focused on ship safety, not seafarers' health and well-being. The current maritime standards breach the universality of ILO standards developed in 1919. The construction of a 'special nature' of shipping justified the elaboration of specific maritime governance processes that allowed fundamental rights such as working time limits to depart from accepted norms established a century ago.