Darbo standartų nustatymas laivų, plaukiojančių su Lietuvos vėliava, įgulai

Lithuania has not been known as a marine country a long time ago. Its first steps towards the status of a marine country were already taken during the interwar period, during the years of existence of Independent Lithuania. This process was stopped by the German occupation, the beginning of the Second World War, and the Soviet Union occupation; later, it was renewed only in 1990 when Lithuania restored its independence. Currently, for Lithuania, being not only a marine country but also a member of ILO (International Labour Organization) and IMO (International Maritime Organization), it is important to develop navigation further as well as to coordinate working standards for sailors determined by one’s national law with working standards for sailors adopted by above-mentioned organizations worldwide. At the moment, Lithuania has ratified only three from forty adopted ILO conventions and one convention adopted by IMO, determining working standards exceptionally for sailors. Foreign academics pay a lot of attention at determined working standards for sailors who work aboard the ships sailing under the flag of their country. In Lithuania, this issue has not been analyzed much in legal aspect. Development of legal regulation of sailors’ work as well as analysis of international conventions and national law acts of the Republic of Lithuania, establishing working standards for sailors, are presented in the paper. Objective of the paper – to discover determined working standards for the crew of the ships sailing under the flag of Lithuania both at international and national levels. The following tasks were set while pursuing the set objective of the paper: to analyze historical development of legal regulation of sailors’ work and to present assumptions of the origin of working standards for sailors as well as to analyze the influence of international organizations (ILO and IMO) on regulation of sailors’ work; to find out the correlation between national dependence of a ship, flag and registration as well as the influence of the flag of a ship on determination of law applicable to working relations occurring while working on board the ships; to analyze the regulation of sailors’ work in Lithuania in 1918-1990 and to present working standards determined in 1991-2006 for sailors working aboard the ships sailing under the flag of Lithuania. Subject of the paper – disclosure of working standards determined for the crews of the ships sailing under the national flag of Lithuania. The following methods were used in the paper: genetic, abstraction, analysis, comparative – legal, deduction, logic – analytical, systematic. The paper consists of an introduction, general part composed of two chapters, first one of which is divided into two sections, and the second – into three ones, and conclusions. In the first part of the paper, development of legal regulation of sailors’ work, assumptions of the origin of working standards for sailors, and the influence of international organizations (ILO and IMO) on regulation of sailors’ work is analyzed. In the first section of the second part, the correlation between national dependence of a ship, flag and registration as well as the influence of the flag of a ship on determination of law applicable to working relations occurring while working on board the ships is analyzed. In the second and third sections of the second part, the regulation of sailors’ work in Lithuania in 1918-1990 and working standards determined in 1991-2006 for sailors working aboard the ships sailing under the flag of Lithuania are analyzed. If Lithuania wishes to compete with countries possessing old marine traditions, it is necessary to ensure implementation of working standards for sailors adopted by international organizations in national law. At the same time it will be prepared to ratify a Consolidated Maritime Labour Convention.