No. 22 - Seamen's Articles of Agreement, 1926

Provisions

• This Convention applies to sea-going vessels (with specified exceptions) registered in any country that ratifies it.
• Articles of agreement are to be signed, with adequate supervision by the competent authority, by the shipowner or his/her representative and by the seafarer.
• The agreements may be for a definite period or for a single voyage or, if national law permits, for an indefinite period.
• They should contain particulars listed in the Convention (such as, the name and age of the seafarer, the place and date the agreement was completed, the voyage or voyages to be undertaken, the capacity in which s/he is employed, when and where s/he is to report, what wages s/he is to be paid, what leave s/he is to get, when and how the agreement will terminate, and so on) and state clearly the respective rights and obligations of each of the parties.
• If national law requires a crew list to be carried on board, the agreement must be either recorded in or attached to the list.
• Appropriate measures are be taken to enable the seafarer to check on his or her rights and obligations while s/he is on board, for instance by posting the conditions of the agreement in a place easily accessible from the crew's quarters.
• This Convention also establishes the conditions under which an agreement may be terminated by either party.

Administered by

Department of Labour

• Employment Relations Act 2000
• Holidays Act 2003
• Minimum Wage Act 1983
• Minimum Wage Order 2008
• Wages Protection Act 1983

Maritime New Zealand

• Maritime Transport Act 1994

There are additional pieces of legislation that are relevant, however the aforementioned Acts are the key pieces of legislation pertaining to this Convention.

How New Zealand implements it

• The Employment Relations Act covers employment agreements in general. It applies to all employees, including seafarers whose work is largely covered by the Maritime Transport Act and persons working in all other fields of employment.
• Part 3, of the Maritime Transport Act applies to the provisions of the Convention, in particular, the conditions applicable to articles of agreement for ships' crews and record maintenance.
• The Employment Relations Act is the primary piece of legislation that provides recognition of the right to organise and collectively bargain in New Zealand. The key objectives of the Employment Relations Act are promoting good faith, collective bargaining, and the effective resolution of workplace problems.
• Section 22, of the Maritime Transport Act requires that every employer of a seafarer on any New Zealand ship, other than a pleasure craft, going on an overseas voyage must, before the departure of the ship, enter into articles of agreement, in a form approved by the Director of Maritime Safety as meeting the requirements of the Convention, with every seafarer in relation to the voyage. The form of articles prescribed must be signed by the ship owner or owner's representative and the seafarer.

This Convention is not applicable to Tokelau.

Ratified - 29 March 1938

Total ratifications - 60

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