Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, the observation made by the Trade Union of Maritime Workers of the Port of Rio Grande concerning alleged non-observance of the international labour standards on board two vessels, N/T Dunay and N/T Borislav, both flying the flag of Ukraine, and the Government’s response to this observation. Regarding the Committee’s comments on the substance of the Trade Union of Maritime Workers of the Port of Rio Grande observation, please refer to the comments it has made under Convention No. 147.

Article 4, paragraph 1, of the Convention. While under this provision of the Convention, seafarers shall be entitled to a proportionate holiday regardless of the reason for termination of employment, under section 147 of the Consolidation of Labour Laws (CLL) seafarers are entitled to a proportionate remuneration for holiday only when discharged without due cause. Correspondingly, it appears that, under section 147 of the CLL, seafarers who have been discharged for due cause are not entitled to remuneration for holiday.

The Committee asks the Government to take all necessary measures to bring section 147 of the CLL into conformity with the requirements of the Convention. It also asks the Government to clarify: (i) whether a seafarer whose length of service in any year is less than that required for the full entitlement to annual leave with pay and who has not been discharged may request an annual leave with pay proportionate to his length of service during that year; and (ii) what is the minimum period of work after which a seafarer may request such proportional leave with pay.

Article 10, paragraph 1, of the Convention. While under this provision of the Convention, the time at which the holiday is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation and, as far as possible, in agreement with the seafarer concerned or his representatives, section 136 of the CLL does not require even the consultation with the seafarer concerned. On the contrary, in accordance with section 136 of the CLL, the leave dates shall be most convenient to the employer’s interests. The Committee asks the Government to take all necessary measures to bring section 136 of the CLL into conformity with the requirements of the Convention.

Article 2, paragraph 2. Please clarify whether persons employed on board seagoing ships engaged in fishing or in operations directly connected therewith or in whaling or similar pursuits under the national legislation are considered as "seafarers".

Article 2, paragraph 3. Please indicate what ships are considered to be "seagoing" for the purpose of the Convention, and provide information on the consultations, which have taken place in accordance with this paragraph.

Article 2, paragraphs 4 and 5. Please indicate whether recourse has been had to these paragraphs and, if so, whether any consultations with the organizations of employers and workers concerned have taken place.

Article 5, paragraph 2. Please indicate how it is ensured that service off articles shall be counted as part of the period of service for the purpose of leave entitlement.

Article 6(d). Please describe the measures taken to ensure that periods of compensatory leave are not counted in the paid holiday, and the conditions laid down in this regard.

Article 10, paragraph 2. Please indicate how it is ensured that a seafarer is not required without his consent to take annual leave due to him at a place other than that where he was engaged or recruited, whichever is nearer his home, except under the provisions of a collective agreement or of national laws or regulations.

Article 10, paragraph 3. Please indicate how it is ensured that if a seafarer is required to take his annual leave from a place other than, that permitted by Article 10, paragraph 2, of the Convention, he is entitled to free transportation to the place where he was engaged or recruited, whichever is nearer his home; subsistence and other costs directly involved in his return there are for the account of the employer; and the travel time involved is not deducted from the annual leave with pay due to the seafarer.