Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. With reference to its previous comments requesting the Government to ensure that seafarers have the right to terminate the labour relationship by giving reasonable notice, the Committee notes with satisfaction section 48(c) of Legislative Decree No. 8 of 26 February 1998, which regulates work at sea and on waterways and lays down other provisions. Under the said section 48(c), the engagement contract concluded per voyage, for a specific or indefinite period, shall be rescinded in cases of denunciation by the crew member provided that this does not imply waiver of rights and is done in writing in front of the labour or consular authority or, failing that, before two witnesses who are members of the vessel's crew.

2. Article 2(2)(c) of the Convention. In previous comments, the Committee referred to various sections of the Administrative Code, of Act No. 27 of 1927 (which supplements the Administrative Code), and of Act No. 112 of 1974, which empower various non-judicial authorities to impose administrative sentences including compulsory labour. The Committee noted with interest Act No. 21 of 22 April 1998, which repeals, inter alia, sections 878(1) and 882 of the Administrative Code which provided for sentences of labour on public works, and section 887 of the Code which laid down that persons sentenced to imprisonment who were maintained with public monies would be compelled to labour on public works.

The Committee further notes with interest the Government's statement in its report that it is thus ensured that non-judicial authorities cannot impose penalties involving compulsory labour.