ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Maritime Labour Convention, 2006 (MLC, 2006) - Jordan (Ratification: 2016)

Display in: French - Spanish

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government has previously ratified one maritime labour Convention, the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), which have been denounced as a consequence of the entry into force of the MLC, 2006, for Jordan. It also notes that Jordan has not submitted a declaration of acceptance of the amendments to the Code of the Convention adopted in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 entered into force for Jordan on 8 January 2019. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020 respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Government’s report contains no information on the adoption of specific national measures to give effect to the Convention. The Committee notes that a limited number of law and regulations adopted before the ratification of the Convention give effect to some of its provisions. The Committee recalls that according to Article I of the Convention, each Member which ratifies the MLC, 2006 undertakes to give complete effect to its provisions to secure the right of all seafarers to decent employment. The Committee requests the Government to adopt, in the near future, the necessary laws and regulations to give full effect to the provisions of the Convention. In this regard, the Committee reminds the Government that it may avail itself of the technical assistance of the Office.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes the Government’s reference to sections 22 to 24 of Regulations of 2003 on Standards of Training, Certification and Watch keeping for Seafarers (Resolution No. 1). It observes that section 2 of Resolution No. 1 provides that a seafarer means “any person working on board of vessel of all ranks or categories” and seaman means “a member of the ship’s crew other than the master or an officer”. The Committee further notes that section 131 of the Jordanian Maritime Commercial Law of 6 May 1972 (JMCL) provides that seaman is “any person employed on board a ship to undertake a sea voyage”. The Committee recalls that in accordance with Article II, paragraph 1(f) of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. Noting that the existing legislation contain different definitions that are not fully in conformity with the Convention, the Committee requests the Government to indicate the measures taken to ensure that all laws and regulations that will be adopted to implement the Convention apply to all seafarers as defined in Article II, paragraph 1 (f) and to provide information in this regard.
Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that the Government’s report contains no information on the definition of a “ship”. It notes that some provisions in the national legislation, in particular, section 3 of the JMCL defines ship as “any seaworthy vessel regardless of its tonnage or designation and whether or not such vessel is navigated for profit”. The Committee observes however that Part V, Chapter 1 of the JMCL limits its application to ships of 500 GT and over. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. Article II, paragraph 6 provides flexibility with respect only to the application of “certain details of the Code”, that is, Standard and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements (determination of competent authority in consultation with shipowners’ and seafarers’ organizations; subject matter dealt with differently by national legislation, collective agreements or other measures). Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage or carrying a certain number of passengers, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention.
Article V. Implementation and enforcement. Noting that the Government has not provided information in this regard, the Committee requests the Government to summarize the provisions of laws or regulations or other measures which prohibit violations of the requirements of the Convention and the sanctions established under this provision of the Convention.
Article VII. Consultations. The Committee notes that the Government refers to consultations undertaken with the Jordanian Academy for Maritime Studies, a private educational institution. It notes however that there is no reference to shipowners’ or seafarers’ organizations. The Committee recalls that many provisions of the Convention require consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to specify what mechanisms are in place to ensure that shipowners’ and seafarers’ organizations are consulted when this is required under the Convention. The Committee reminds the Government in this regard that Article VII provides that, where organizations of shipowners or of seafarers do not exist within a member State, any derogation, exemption or other flexible application of the Convention for which the Convention requires consultation with shipowners’ and seafarers’ organizations may only be decided by that Member through consultation with the Special Tripartite Committee established in accordance with Article XIII. The Committee requests the Government to indicate whether organizations – or branches thereof – representing seafarers and shipowners are established. If this is not the case, the Committee invites the Government to have recourse to the Special Tripartite Committee until seafarers’ and shipowners’ organizations are established in the country.
Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that the Government’s report provides no information on the minimum age to work on a ship. It notes that section 21 of Resolution No. 1 for the 2003 Regulations on Standards of Training, Certification and Watch keeping for Seafarers (2003 Regulations) prohibits the work on board of persons under 16 years. The Committee further notes that under section 137 of the JMCL, the operator or the master of a ship may not employ any minors as seamen without the consent in writing of their parents or guardians. The Committee recalls that Standard A1, paragraph 1 of the Convention prohibits the employment, engagement or work of any person under the age of 16. The Committee requests the Government to confirm that no person under the age of 16, including cadets or apprentices, is allowed to work on board.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that the Government’s report contains no information on the prohibition of night work of seafarers under the age of 18 nor the period defined as a “night work”. It recalls, in this respect, that night work of seafarers under the age of 18 shall be prohibited, as prescribed by paragraph 2 of Standard A1.1 of the Convention. The term “night” shall cover a period of at least nine hours starting from midnight and ending no earlier than 5 a.m. The Committee requests the Government to explain how effect is given to this provision of the Convention.
Regulation 1.2 and the Code. Medical certificate. The Committee notes that section 39 of the 2003 Regulations provides that the administration issues a medical fitness certificates for seafarers, in accordance with the standards of the STCW Convention. The Committee observes however that the Government provides no information on the applicable legislation with regard to: (i) the requirement that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) the opportunity for seafarers, who have been refused a certificate or have had a limitation imposed on their ability to work, to have a further examination by another independent medical practitioner or by an independent medical referee (Standard A1.2, paragraph 5); (iii) the requirement that the maximum period of validity of the medical certificate shall be one year for seafarers under the age of 18 (Standard A1.2, paragraph 7(a)); (iv) the requirement that the maximum period of validity of a certification of colour vision shall be valid for a maximum period of six years (Standard A1.2, paragraph 7(b)); (v) the permission for seafarers to work without a valid medical certificate in urgent cases (Standard A1.2, paragraph 8); and (vi) the circumstance when the period of validity of a medical certificate expires in the course of a voyage (Standard A1.2, paragraph 9). The Committee requests the Government to indicate the measures taken or envisaged to give effect to these requirements of the Convention for all seafarers covered by it. The Committee would appreciate receiving a copy of the standard medical certificate currently in use.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that the Government has not provided information on the national legislation giving effect to these provisions of the Convention nor on its implementation. The Committee notes in particular that the Government has not provided information on: (i) the existence of recruitment and placement services in Jordan; (ii) the adoption of a system prohibiting seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified (Standard A1.4, paragraph 5(a)); (iii) the obligation to ensure that recruitment and placement of seafarers are free of charge for seafarers; whether seafarers are protected against monetary loss that they may incur as result of the failure of recruitment and placement services (Standard A1.4, paragraph 5(vi)); (iv) how national legislation ensures that all complaints concerning the activities of recruitment and placement services are investigated involving, as appropriate, representatives of shipowners and seafarers (Standard A1.4, paragraph 7); and (v) measures adopted or envisaged with regard to the use of recruitment and placement services that operate in countries that have not ratified the Convention, by shipowners of ships flying the Jordan flag. The Committee accordingly requests the Government to indicate the national laws and regulations which implement these requirements of the Convention and to provide information on the existing recruitment and placement services in Jordan.
Regulation 2.1 and Standard A2.1, paragraphs 1 to 4. Seafarers’ employment agreements (SEA). Requirements. Documents available in English. Content. The Committee notes that section 132 of the JMCL provides that the seaman employment contract is concluded between the seaman and the operator of the ship or his representative. Recalling that the Convention requires that seafarers working on ships flying the flag of a Member have a SEA signed by both the seafarer and the shipowner or her/his representative (Standard A2.1, paragraph 1(a) and (b)), the Committee requests the Government to clarify if the operator of the ship can be consider as the shipowner under Article II, paragraph (j) of the Convention. The Committee also notes that according to the JMCL, if the tonnage of a ship exceeds 500 gross tonnage, the SEA shall be subject to specific conditions. In this connection, the Committee recalls that Standard A2.1 applies to all ships falling within the scope of application of the Convention, including those of less than 500 gross tonnage. It further recalls that Standard A2.1, paragraph 1 provides for the adoption of laws or regulations requiring that ships that fly the flag of the member State concerned comply with a number of requirements regarding SEAs. The Committee notes in this regard that section 133 of the JMCL refers to some matters to be contained in the SEA, in particular the type of contract, the type of capacity in which the seafarer is employed, the date of the beginning of the SEA, mean of payment and the date and place where the contract was concluded. However, the JMCL does not refer to all the matters that must be included in the SEA in accordance with Standard A2.1, paragraph 4. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to all the requirements of the Convention pursuant to Standard A2.1, paragraphs 1–4, of the Convention, in particular regarding seafarers’ rights to examine the employment agreement before signing, record of employment and the content of the SEA.
Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes that sections 156 and seq. of the JMCL and sections 21 and seq. of the Labour Code respectively specify the circumstances under which an SEA and an employment contract may be terminated. The Committee observes however that the legislative texts do not refer to the required minimum notice period for the early termination of these employment relationships. The Committee recalls that Standard A2.1, paragraph 5 requires the adoption of laws or regulations, which establish minimum notice periods not shorter than seven days. The Committee requests the Government to indicate the legislation giving effect to Standard A2.1, paragraph 5. It also requests the Government to provide information on the application of Standard A2.1, paragraph 6, specifying the manner in which the need to terminate the employment agreement on shorter notice or without notice for compassionate or other urgent reasons has been taken into account, indicating the applicable legislation or collective agreements.
Regulation 2.2 and the Code. Wages. The Government has not provided information regarding the national provisions requiring that payments due to seafarers working on ships that fly its flag are made at no greater than monthly intervals and in accordance with any applicable collective agreements nor that seafarers are given a monthly account of the payments due and amounts paid. Accordingly, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.2, paragraphs 1 and 2. The Committee notes that section 144 of the JMCL provides that a seaman may authorize his spouse, children and parents or grandparents only to receive advance payments. However, the national legislation does not seem to contain any provisions requiring that shipowners take measures to provide seafarers with means to transmit all or part of their earnings to their families or dependants or legal beneficiaries, as required by Standard A2.2, paragraphs 3 to 5. The Committee therefore requests the Government to indicate the measures adopted or envisaged to give effect to Standard A2.3, paragraphs 3 and 4 (allotment system), and 5 (reasonable charge for the service and rate of currency exchange).
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee observes that the national legislation does not regulate the normal working hours’ standard for seafarers. Recalling the principle of eight-hours per day with one day of rest per week and rest on public holidays, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.3, paragraph 3.
Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that section 8 of the Safe Manning Regulations on board Jordanian ships refers to special circumstances related to safety and marine environment protection considerations, which can allow derogations to the minimum hours of rest limits. The Committee however observes that there is no provision prescribing compensatory rest for seafarers once the normal situation has been restored. The Committee recalls that, in exceptional cases, the master of a ship may require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Pursuant to Standard A2.3, paragraph 14, as soon as possible, after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.
Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that the minimum paid annual leave for seafarers on ships flying Jordanian flag amount to 2.5 calendar days per month of employment, as required by the Convention. The Committee requests the Government to indicate the relevant applicable national provisions in this regard.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee notes the Government’s indication that paid annual leave is added to monthly wage, which seems to confirm the possibility to replace paid annual leave by an allowance in lieu. The Committee observes that the Government has not referred to any national provision prohibiting agreements to forgo the minimum annual leave with pay. The Committee recalls that Standard A2.4, paragraph 3, stipulates that any agreement to forgo minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to indicate the measures taken to ensure that all agreements to forgo the minimum annual leave are prohibited, unless in specific cases, restrictively provided for by the competent authority.
Regulation 2.5 and Standard A2.5.1, paragraphs 1-3 and 5. Repatriation. The Committee notes the Government's reference to section 155 of the JMCL, which provides that the operator of a ship must repatriate a seaman who leaves the ship during the voyage for any reason whatever, unless their disembarkation is carried out on the basis of an order by a foreign authority for legal cause, or by reason of an injury or illness which is not connected with the service of the ship and which cannot be treated on board. This provision also states that if the employment contract is terminated by agreement, the expenses of the repatriation shall be borne by the designated person in such termination agreement. The Committee further notes that, as regards foreign seafarers, their right to be repatriated shall be limited to their being returned to the port where they were engaged, unless it was stipulated that the seafarer shall be returned to the port of Aqaba in Jordan. It finally observes that the maximum period of service on board following which a seafarer is entitled to repatriation has not been established in the legislation. In this respect, the Committee recalls that Standard A2.5.1, paragraph 2, sets out that each Member shall ensure that there are provisions in its laws and regulations or other measures or in collective bargaining agreements that cover: the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months; and the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements. The Committee also recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from requiring that seafarers make an advance payment towards the cost of repatriation and that standard A2.5.1, paragraph 5, establishes the subsidiary responsibility of the flag State when the shipowner fails to make the necessary arrangements for or to meet the cost of repatriation of seafarers who are entitled to be repatriated. The Committee requests the Government to indicate the measures taken to give full effect to Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2, 3 and 5.
Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee notes the Government’s indication that the 2014 amendments to the Code on the financial security to assist seafarers in the event of their abandonment are not applicable to Jordan. However, Regulation 2.5, paragraph 2, which is applicable independently of the 2014 amendments to the Code, provides that each member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate how effect is being given to Regulation 2.5, paragraph 2.
Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes that section 164 of the JMCL provides that if it is not possible for the ship to continue the voyage due to force majeure (ship sinks or lost), the wages of the seafarers shall be paid to them up to the day on which they cease to work. (…) If the ship is seized, or if it sinks or is declared unseaworthy, this payment may be reduced by the court if it is established that the loss of the ship is due to the fault or negligence of the seaman. The Committee draws the Government’s attention to the fact that such restriction is not authorized by Standard A2.6, paragraph 1 of the Convention, which does not impose any conditions as regards seafarers’ compensation for the ship’s loss or foundering. Accordingly, the Committee requests the Government to amend the JMCL in order to fully comply with these requirements of the Convention.
Regulation 2.7 and the Code. Manning levels. The Committee notes that section 6 of Safe Manning Regulations on board Jordanian ships (not dated) provides that the master of every ship is bound, under his direction, to ensure that watchkeeping arrangements are adequate for maintaining a safe navigational and engineering watch at all times during navigation, anchorage or in port in accordance with chapter (A– VIII/2) of the STCW95. The Committee notes that the Government has provided no information on the measures adopted to give effect to Standard A2.7, paragraph 3, under which the competent authority shall take into account the requirements concerning food and catering when determining manning levels. The Committee accordingly requests the Government to indicate the manner in which effect is being given to all the requirements of Regulation 2.7 and Standard A2.7.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government's indication that section 77 of the Flag Instructions Regulations, 2015, provides that accommodations shall be in compliance with the requirements of the MLC, 2006. While noting the Government’s legislative reference, the Committee requests the Government to indicate how it ensures that ships flying the Jordanian flag provide and maintain decent accommodations and recreational facilities for seafarers working and living on board, consistent with promoting the seafarers’ health and well-being, even for ships constructed before the date when the Convention came into force for Jordan. The Committee also requests the Government to indicate the measures taken or envisaged to give full effect to the detailed requirements of the Convention regarding accommodation and recreational facilities on board ships flying the Jordanian flag.
Regulation 3.1 and Standard A3.1, paragraph 18. Accommodation and recreational facilities. Frequent inspections. The Committee notes that the national legislation does not provide the required frequency for on-board inspections of seafarers’ accommodation that are to be carried out by or under the authority of the master and the requirements for recording and review of those inspections. The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to Standard A3.1, paragraph 18, of the Convention.
Regulation 3.2 and the Code. Food and catering. The Committee notes that, with respect to the application of this Regulation, the Government refers to the provisions of the SEA and indicates that the requirement of the Convention are not reflected in the national legislation. In the absence of information on any detailed standards regarding food and catering which would have been adopted at the national level to give effect to the Convention, the Committee requests the Government to explain how it ensures, in law and practice, compliance with these requirements of the Convention.
Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that some provisions of the JMCL provide for medical care on board and ashore in general terms without giving effect to the detailed requirements of Regulation 4.1 and the Code. Concerning the requirements of the Convention on the medicine chest, the medical equipment and the medical guide carried on board, the Committee notes that the Government refers to a “Flag state annual tech. checklist” without providing further explanations. Concerning the requirements of the convention regarding on board medical personnel, the Committee notes that the Government refers to WHO requirements without providing further details. The Committee recalls that the Convention requires that: (i) seafarers are permitted by the shipowner/master to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph1(c)); (ii) ships carry on board a qualified doctor who is responsible for providing medical care to seafarers in specific circumstances (Standard A4.1, paragraph 4(b)); (iii) ships’ medicine chests, medical equipment and medical guides are inspected at regular intervals, to ensure that they are properly maintained (Standard A4.1, paragraph 4(a)); (iv) ships are required to carry appropriate equipment and maintain up-to-date contact information for radio or satellite communication to obtain onshore medical advice while on a voyage (Standard A4.1, paragraphs 1(b) and 4(d)). The Committee requests the Government to provide information on national measures adopted or envisaged to give full effect to the provisions of Standard A4.1, paragraphs 1-4.
Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to onshore medical facilities for seafarers on board foreigner ships. The Committee notes that the Government has not provided information on the measures adopted to give effect to Regulation 4.1, paragraph 3, regarding the obligation to ensure that seafarers on board foreign ships in Jordan territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to provide information in this regard.
Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that sections 148, 149 and 150 of the JMCL and section 90 of the Labour Code partially give effect to Standard A4.2.1. The Committee notes, in particular, that section 148, paragraph 1 of the JMCL provides that a seaman who is injured in the course of serving the ship shall be treated at the expense of the ship. The same shall apply to a seaman who becomes ill after the ship leaves the port of Aqaba. Recalling that Standard A4.2.1, paragraph 1 (a) provides that shipowners shall be liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates, the Committee requests the Government to indicate how it ensures that the liability for sickness and injury covers the period prescribed by the Convention. The Committee recalls that in accordance with Standard A4.2.1, paragraph 1(b) shipowners shall provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, as set out in national law, the seafarers’ employment agreement or collective agreement. It also recalls under Standard A4.2.1, paragraph 1(c) that shipowners shall be liable to defray the expense of medical care, including therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character. Noting the absence of specific provisions in this regard, the Committee request the Government to indicate how it ensures compliance with Standard A4.2.1, paragraph 1 (b) and (c).
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the provisions of national legislation are of a general nature and that they do not cover all the requirements under Regulation 4.3 and Standard A4.3. The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to the provisions of the Convention. It further requests the Government to provide information on the manner in which occupational accidents and diseases relating to seafarers covered by the Convention are reported and investigated, and statistics in that regard are published; and on the manner in which those statistics are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board. The Committee reminds the Government that it can take into consideration the guidance provided in ILO Guidelines for implementing the occupational safety and health provisions of the Convention in the national measures adopted in the future to give full effect to Regulation 4.3 and Standard A4.3.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that there is one shore-based seafarer welfare facility operating in Jordan without providing detailed information in this respect. Recalling the significance of access to shore-based welfare facilities for seafarers’ well-being, the Committee requests the Government to provide updated information regarding the operation of the existing facility.
Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit; invalidity benefit; survivors' benefit; employment injury benefit, maternity benefit and unemployment benefit. The Committee notes that the Government only refers to the JMCL, without giving detailed explanations on the social security scheme applicable to seafarers ordinarily resident in the country nor on the relevant laws, conditions and benefits. Recalling that Standard A4.5, paragraph 3, requires a member to undertake steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, including those working on ships operating under the flag of another country, the Committee requests the Government to provide detailed information on the national measures adopted or envisaged to give full effect to the provisions of the Convention. The Committee also requests the Government to indicate any bilateral or multilateral agreements in which Jordan participates in relation to social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8).
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the Government has not provided information on the application of its national system for inspection and certification of maritime labour conditions, as requested. The Committee further notes the Government's indication that the national legislation does not require all Jordanian ships to have a copy of the Convention available on board. The Committee requests the Government to provide information on the basic structure and objectives of Jordanian’s system (including measures to assess its effectiveness) for the inspection and certification of maritime labour conditions in accordance with Regulations 5.1.3 and 5.1.4 to ensure that the working and living conditions for seafarers on ships that fly Jordanian flag meet, and continue to meet, the standards of the Convention. (Regulation 5.1.1, paragraphs 2 and 5; Standard A5.1.1, paragraph 1; Regulation 5.1.2, paragraph 2). Recalling that, pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to explain how it ensures compliance with this requirement of the Convention.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s indication that bilateral agreements govern the authorization of recognized organizations for inspection and certification functions. The Committee notes however that the Government has not provided detailed information on the manner in which it implements the requirements of Standard A5.1.2, and has not provided examples of agreements with recognized organizations. The Committee accordingly requests the Government to provide copies of such agreements. The Committee further notes that the Government has not provided information regarding the relevant provision implementing its obligation to review the competence and independence of recognized organizations, including information on any system established for oversight and communication of relevant information to authorized organizations, required under Standard A5.1.2,paragraphs 1 and 3. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.
Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes the Declaration of Maritime Labour Compliance (DMLC), Part I, as well as the guidance for shipowners concerning the DMLC Part II, communicated by the Government. The Committee observes that the DMLC Part I reproduces the provisions set out in the Convention without referring to the relevant national legislation. The Committee recalls that, in line with Standard A5.1.3, paragraph 10, Part I of the DMLC shall, among others (ii) identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements; (iii) refer to ship-type specific requirements under national legislation; (iv) record any substantially equivalent provisions adopted pursuant to paragraph 3 of Article VI; and (v) clearly indicate any exemption granted by the competent authority as provided in Title 3. Noting that the DMLC Part I, as currently drafted, does not include the elements required by the Convention, the Committee requests the Government to revise its text to ensure full conformity with Standard A5.1.3, paragraph 10. It also requests the Government to provide one or several examples of the DMLC Part II approved by the competent authority.
Regulation 5.1.4and Standard A5.1.4, paragraphs 12 and 13. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. Records of inspections. The Committee notes the Government’s indication that all ships covered by the Convention that fly Jordanian’s flag, whatever their length or their tonnage, are inspected for compliance with the Convention’s requirements at least once every three years. The Committee notes the Government’s indication that each inspection is conducted according to a checklist approved by the competent authority and that a report of inspection is signed and submitted by ship’s master. The Committee requests the Government to specify how it gives effect to the requirement of Standard A5.1.4, paragraph 12, whereby inspectors are required to submit a report of each inspection to the competent authority, as well as a copy to the master of the ship and that another copy be posted on the ship’s notice board for the information of the seafarers, and upon request, sent to their representatives. Furthermore, the Committee recalls that the competent authority shall maintain records of inspections and publish an annual report on inspection activities. The Committee therefore requests the Government to provide information on how it ensures compliance with the requirements set out in Standard A5.1.4, paragraphs 13, regarding the issuance, submission and recording of the flag State inspection reports.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Inspection and enforcement. Qualification, status and conditions of service of inspectors. The Committee notes that the Government does not specify the national provisions requiring that the inspectors shall have the status and independence necessary to enable them to carry out the verification of the application of the Convention. The Committee therefore requests the Government to indicate the specific provisions giving effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.
Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes the Government’s indication that “flag State inspections are conducted under a policy of flag State and supported with checklist complying with the Convention”. The Committee recalls that Standard A5.1.4, paragraph 7(c), provides that inspectors, issued with clear guidelines on the tasks to be performed, shall be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention (including seafarers’ rights) or represent a significant danger to seafarers’ safety, health or security, to detain a ship until necessary actions are taken. The Committee requests the Government to provide detailed information on the applicable provisions allowing flag State inspectors to inspect and possibly detain ships to ensure compliance with the requirements of the Convention in the cases set forth by Standard A5.1.4, paragraph 7(c).
Regulation 5.1.4 and Standard A5.1.4, paragraph 10. Flag State responsibilities. Inspection and enforcement. Confidentiality of sources of grievances or complaints. The Committee notes that the Government’s report provides no information on the applicable national provisions with respect to this requirement of the Convention. The Committee recalls that Standard A5.1.4, paragraphs 10 and 11(b), provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information, which may come to them in the course of their duties. The Committee requests that the Government indicate how effect is given to this provision of the Convention.
Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On board complaint procedures. The Committee notes the Government’s indication that the model of on-board complaint procedure has been posted on the Jordanian Maritime Commission website. However, the Committee notes that the access to this procedure no longer seems to be active. The Committee notes the Government’s indication that, according to the Law on protection of plaintiff, seafarers have the right to lodge a complaint, without providing detailed information on how this Law meets the protection against the victimization of seafarers required under Standard A5.1.5, paragraph 2. The Committee recalls that Regulation 5.1.5 sets out that each Member shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of this Convention. The Committee requests the Government to indicate the measures adopted to establish appropriate procedures for handling complaints on board that comply with the requirements under Regulation 5.1.5 and Standard A5.1.5. It also requests the Government to indicate the applicable provisions requiring that all seafarers are provided with a copy of the on-board complaint procedures applicable on the ship, including contact information relevant to that particular ship and to the seafarers concerned as provided for under Standard A5.1.5, paragraph 4 of the Convention.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Jordan is a Member of the Mediterranean MOU (MEDMOU) Agreement since 1999. The Committee notes the Government’s indications that Jordan follows MEDMOU’s rules and guidance for the Port state inspections and that five officers are appointed to carry out these inspections. However, the Committee notes that the Government has not provided information on the national measures adopted to give effect to Regulation 5.2.1 and to Standard A5.2.1. The Committee therefore requests the Government to take the necessary measures to ensure that the national legislation is in conformity with Regulation 5.2.1 and Standard A5.2.1 of the Convention.
Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. The Committee notes the Government’s indication that no legal provisions have been adopted to give effect to this Standard but that the competent authority is following the relevant international conventions. The Committee requests the Government to indicate how it ensures that compensation shall be paid for any loss or damage suffered as a result of a ship being unduly detained or delayed, in accordance with Standard A5.2.1, paragraph 8.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee observes that the Government has not provided any information on the application of this Regulation. The Committee therefore requests the Government to provide information on the manner in which it gives effect to Regulation 5.2.2, indicating the applicable provisions.
Additional documents requested. The Committee requests the Government to provide the following documents and information: an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for the seafarer’s record of employment (Standard A2.1, paragraphs 1 and 3); an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also Guideline B4.1.2, paragraph 1); a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a); see also Guideline B4.1.1, paragraphs 4 and 5); an example of a document (for example, Part II of the DMLC) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy in English of the interim maritime labour certificate if your country issues such a document (Regulation 5.1.3); a copy in English, French or Spanish of annual reports on inspection activities, issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a copy of a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, ; a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and other parties concerned about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3), with an indication of the content in English; a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag, with a translation into English (Regulation 5.1.5); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English; a copy of any document that describes the onshore complaint-handling procedures (Regulation 5.2.2).
[The Government is asked to reply in full to the present comments in 2023.]
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer