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

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2018 entered into force for Algeria on 26 December 2020.
Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by Algeria at the height of the pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue. It also requests the Government to ensure that any remaining restrictions are lifted to ensure full observance of the MLC, 2006.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that only a few laws and regulations applying the Convention have been adopted since its ratification. The Committee recalls that, under Article I, each Member which ratifies the Convention undertakes to give complete effect to its provisions in the manner set out in Article VI in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without further delay the necessary measures to give effect to all the provisions of the Convention.
Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers.National determination. The Committee notes the Government’s indication, in reply to its previous comment, that the scope of section 384 of Ordinance No. 76-80 of 23 October 1976 issuing the Maritime Code (hereinafter: Maritime Code) is broader than that of Article II, paragraph 1(f), of the Convention. The Government explains that hotel personnel on board Algerian ships are considered as seafarers. The Committee notes that this statement is not reflected in this legal provision. Nor does the Government specify whether other persons who perform other functions on board (related to sports and leisure) are also considered as seafarers. With regard to apprentices, the Committee notes that the Government indicates that persons under 18 years of age are forbidden to work on Algerian ships unless they are apprentices, but that it does not provide any others details on the matter raised in the Committee’s previous comment. The Committee therefore requests the Government to indicate the legislative or regulatory provisions which guarantee that any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies (Article II, paragraph 1(f)) is considered to be a seafarer and receives the protection afforded by the Convention. With regard to apprentices under 18 years of age working on board ships, the Committee recalls that undergoing training on board ship with a view to becoming a seafarer implies by definition working on board and hence there is no doubt that marine apprentices must be considered as seafarers for the purposes of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that marine apprentices are considered as seafarers and enjoy the protection afforded by the Convention.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that the Government’s report does not provide any reply to its previous comment. The Committee once again requests the Government to indicate how effect is given to Standard A1.4, paragraph 9, when the owners of ships flying the Algerian flag use seafarer recruitment and placement services established in countries or territories to which the Convention does not apply and, in particular, how they ensure, as far as possible, that these services observe the requirements of the Convention.
Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. Further to its previous comment, the Committee notes that the information provided by the Government does not address the matter that it raised. The Committee therefore once again requests the Government to indicate the legislative texts which give effect to Standard A2.1, paragraph 1(b). It also requests the Government to indicate how seafarers are informed of the possibility of asserting this right.
Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. Further to its previous comment, the Committee notes that the Government’s reply does not contain any new information on the application of this provision of the Convention. The Committee once again requests the Government to indicate how effect is given to Standard A2.1, paragraphs 5 and 6.
Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. Further to its previous comment, the Committee notes that the Government’s reply does not contain any new information giving effect to these provisions of the Convention. The Committee therefore once again requests the Government to indicate how full effect is given to Standard A2.2, paragraphs 1 and 2.
Regulation 2.3 and Standard A2.3, paragraphs 2, 5 and 6. Hours of work and hours of rest. Limits and division of hours of rest. Further to its previous comment, the Committee notes that the Government does not provide the information requested to enable it to examine the conformity of the national legislation with the provisions of the Convention. The Committee once again requests the Government to take the necessary measures to fix, for all seafarers within the meaning of the Convention, either a maximum number of hours of work which must not be exceeded in a given period of time, or a minimum number of hours of rest which must be provided in a given period of time (Standard A2.3, paragraphs 2, 5 and 6).
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication, in reply to its previous comment, that when seafarers feel the need to go ashore because of problems of health or well-being, they shall inform the master or officer in charge of the ship. If an onshore medical consultation is necessary, the ship’s doctor can recommend going ashore for the appropriate treatment. The master of the ship communicates with the authorities of the port where the ship is located or plans to berth. The Committee recalls that regardless of their medical situation seafarers must be granted shore leave to benefit their health and well-being, as long as this is consistent with the operational requirements of their duties. Noting the lack of clarity regarding shore leave for reasons of well-being, the Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.
Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2(a) and 3. Repatriation. Circumstances. Prohibition of advance payment and to recover costs from seafarers. Further to its previous comment, the Committee notes that the information provided by the Government does not enable it to examine the conformity of the national legislation with the requirements of the Convention. The Committee therefore requests the Government to clarify the definition of the expressions “reasons beyond their control” and “misconduct of the seafarer”. It also requests the Government to take the necessary measures to give full effect to Standard A2.5.1, paragraphs 1 and 3, of the Convention.It further requests the Government to provide information on the procedure that must be followed and the standard of proof that must be applied for a seafarer covered under the Convention to be found “in serious default of the seafarer’s employment obligations”. Recalling the binding standard of the Convention according to which all seafarers have the right to repatriation, the Committee requests the Government to indicate whether there are any collective agreements for foreign seafarers and, if so, to send copies.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In the absence of a reply to the detailed questions posed in its previous comments regarding financial security, the Committee once again draws the Government’s attention to the following questions: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if so, please specify whether the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (c) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if so, please specify whether the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9(c); and (e) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.5.2 and to reply to the above questions, indicating the national provisions applicable in each case.
Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. Further to its previous comment, the Committee notes that the Government’s reply does not provide any information on the unemployment indemnity granted to seafarers in the event of the ship’s foundering. The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention.
Regulation 2.7 and the Code. Manning levels. Further to its previous comment, the Committee notes that the Government refers, inter alia, to sections 222 to 224 of the Maritime Code under which the on-board crew shall be established according to the operating conditions at sea or in port and the characteristics of the ship, including the size of the ship, the capacity for transporting passengers and freight, the frequency of crew rotations, the number of inspections that can be required in port, and the conditions relating to hours of work and hours of rest. However, the Committee notes that the Government does not indicate how the competent authority takes into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee therefore requests the Government to take the necessary measures to give effect to Standard A2.7, paragraph 3. The Committee also requests the Government to provide for each type of ship the documents specifying the minimum manning levels to ensure the safety of the ship or an equivalent document issued by the competent authority, and to specify the type of ship concerned, its gross tonnage and the number of seafarers usually employed on board.
Regulation 3.1 and the Code. Accommodation and recreational facilities. Further to its previous comment, the Committee notes that the decrees to which the Government refers do not give effect to the requirements of the Convention. The Committee once again requests the Government to take the necessary measures to give full effect to Regulation 3.1 and Standard A3.1.
Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. The Committee notes that the Government, in reply to its previous comment, refers to section 2 of the Order of 16 August 2018 establishing physical fitness standards for seafarers. The Committee notes that this provision does not give effect to the requirements of the Convention. The Committee once again requests the Government to take the necessary measures to give effect to these requirements of Standard A4.1, paragraph 1.
Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Medicine chest, medical equipment and medical guide. Further to its previous comment, the Committee notes the text of the Order of 18 December 2001 amending and supplementing the Order of 30 April 1986 establishing provisions regarding the content of medicine chests on board ships flying the national flag. The Committee takes note of this information.
Regulation 4.1 and Standard A4.1, paragraph 4(b) and (c). Medical care on board and ashore. Qualified medical doctor on board. Seafarer in charge of medical care. The Committee notes the Government’s indication, in reply to its previous comment, that any ship carrying 100 or more active crew members on board shall be equipped with an on-board hospital managed by a medical doctor and a nurse. The Committee observes that the Government has reiterated the same information provided in its previous report. Recalling that this provision of the Convention provides that ships carrying 100 or more “persons” (not “seafarers”) and ordinarily engaged on international voyages of more than three days’ duration shall carry a medical doctor who is responsible for providing medical care (Standard A4.1, paragraph 4(b)), the Committee once again requests the Government to take the necessary measures to give full effect to this requirement of the Convention.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. The Committee notes that the Government, in reply to its previous comment, refers to Presidential Decree No. 18-292 of 17 November 2018 approving the National Maritime Search and Rescue Plan (the SAR-Maritime Plan). Noting that the Plan does not cover medical care, the Committee observes that the text of the Decree does not give effect to this provision of the Convention. The Committee therefore once again requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A4.1, paragraph 4(d).
Regulation 4.2 and the Code. Shipowners’ liability. With reference to its previous comment, the Committee notes the Government’s indication that in the event of the death or long-term incapacity of the seafarer, compensation depends on the employment agreement and the applicable maritime laws and regulations. The Committee observes that the Government does not indicate whether, in the event of seafarers’ incapacity for work, the shipowner is liable to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with the Convention. Lastly, the Government’s report does not indicate whether the payment of this benefit is limited in time. The Committee requests the Government to adopt the necessary measures to give full effect to Standards A4.2.1 and A4.2.2.
Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes that, in reply to its previous comment, the Government refers to legislative texts of a general nature on occupational safety and health which do not appear to take into account the specific characteristics of the maritime sector. The Committee requests the Government to provide detailed information on the laws, regulations and other measures adopted to give effect to Standard A4.3, paragraphs 1 and 2, of the Convention. The Committee also notes that the Government has not provided an example of a Declaration of Maritime Labour Compliance (DMLC), Part II, outlining a shipowner’s practices or on-board programmes (including risk evaluation) for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8).The Committee once again asks the Government to provide these documents. It recalls that these measures shall be regularly reviewed in consultation with the representatives of the shipowners’ and seafarers’ organizations (Standard A4.3, paragraph 3).The Committee also requests the Government to provide information on the reporting and investigation procedures for on-board occupational accidents (Standard A4.3, paragraphs 1(d), 5 and 6).
Regulation 4.5 and the Code. Social security. In its previous comment, the Committee requested the Government to indicate the measures taken to ensure that all seafarers ordinarily resident in Algeria benefit from social security coverage in the branches specified for national seafarers and to indicate the number of foreign seafarers resident in Algeria. Noting that the Government has not provided the requested information, the Committee reiterates its previous request. The Committee also notes the Government’s indication that the social security agreements signed by Algeria with other countries cover all branches of social security. These agreements provide for coordination mechanisms between the social security bodies of the two countries, the sole purpose of which is to guarantee the rights acquired by migrant workers from both countries who plan to stay or reside in their country of origin. The Committee requests the Government to indicate whether the bilateral agreements referred to also cover seafarers and to provide copies of the agreements.
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication, in response to its previous comment, that a copy of the DMLC is attached to its report. The Committee notes, however, that this document was not received. The Committee therefore once again requests the Government to take the necessary measures to give full effect to the requirements of Regulation 5.1,including with regard to Regulation 5.1.3 on the Maritime Labour Certificate and Declaration of Maritime Labour Compliance and Regulation 5.1.4 on inspection. The Committee also requests the Government to provide a copy of the Declaration of Maritime Labour Compliance.
Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes the Government’s reference, in response to its previous comment, to a number of legislative texts that do not appear to contain information relevant to Standard A5.1.2, paragraph 1, of the Convention. The Committee once again requests the Government to indicate whether it has authorized recognized organizations to carry out inspection and certification functions in relation to the MLC, 2006.
Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes, in response to its previous request, the Government’s reference to Act No. 90-04 of 6 February 1990 on the resolution of individual labour disputes. The Committee notes that the provisions of this Act are not relevant to on-board complaint procedures. The Committee recalls that Standard A5.1.5 provides that Members must have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the Convention. The Committee therefore requests the Government to take the necessary measures to give effect to the requirements of Standard A5.1.5.
Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes the Government’s explanation, in response to its previous request, of the procedure for dealing with serious marine casualties with reference to section 237 of the Maritime Code, according to which, following marine incidents or casualties involving ships at sea, the maritime labour inspectorate “may” conduct a preliminary investigation to evaluate the severity of the casualty, collect basic information and determine whether further investigation is necessary. Recalling that, in accordance with Regulation 5.1.6, each Member must hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag, the Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.
Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication, in response to its previous comment, that the effectiveness of the maritime labour inspection system in Algeria is based on a combination of factors, including compliance with standards, prevention of accidents and protection of seafarers’ rights. While noting this information, the Committee observes that the Government does not specify how effect is given to the requirements of Regulation 5.2.1 and Standard A5.2.1, in particular concerning the method used to evaluate the effectiveness of the port State inspection and monitoring system (Regulation 5.2.1, paragraph 4) and the guidance given to authorized officers as to the kinds of circumstances justifying detention of a ship (Standard A5.2.1, paragraph 6).The Committee requests the Government to indicate how full effect is given to these requirements of the Convention.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee previously requested the Government to indicate how it ensures compliance with the requirements of Regulation 5.2.2 and the Code. The Committee notes the Government’s reference to the provisions of Act No. 90-04 of 6 February 1990 on the prevention and resolution of individual labour disputes, as well as the rules and procedures governing conciliation offices and industrial tribunals. Noting that this text does not give effect to Regulation 5.2.2, the Committee once again requests the Government to take the necessary measures to give full effect to Standard A5.2.2.
[The Government is asked to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2019, 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 previously ratified 11 conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006, for Algeria. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016, entered into force for Algeria on, respectively, 18 January 2017 and 8 January 2019. The Committee notes the efforts undertaken by the Government to implement the Convention. 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.
Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee notes that, according to section 384 of Ordinance No. 76-80 of 23 October 1976 issuing the Maritime Code (hereinafter: Maritime Code), as amended, a “seafarer” is defined as any person in the service of a ship who is entered in the register of seafarers. The Committee draws the Government’s attention to the definition of “seafarer” specified in Article II, paragraph 1(f), which covers “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. This definition encompasses not only crew members in the strict sense, but also persons working on board in any capacity, such as hotel or restaurant personnel. The Committee requests the Government to indicate whether all persons employed or engaged or working in any capacity on board a ship to which the Convention applies (Article II, paragraph 1(f)) are authorized to be entered in the seafarers’ register within the meaning of Article II, paragraph 1(f), and whether they enjoy the protection required by the Convention irrespective of whether they are entered in the seafarers’ register and, if not, to indicate the measures that guarantee to all persons the protection required by the Convention. The Committee notes the Government’s indication, based on section 386 of the Maritime Code, that one must be 18 years of age to practise the profession of seafarer. The Committee requests the Government to indicate whether young seafarers under 18 years of age are employed or engaged or work in any capacity, including as part of their training, on board ships flying the Algerian flag.
Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee notes the Government’s indication that there is no private service operating on its territory with the primary objective of recruiting and placing seafarers, or that recruits and places a significant number of seafarers. The Committee requests the Government to provide information on any development regarding this situation. Regarding the recruitment and placement of seafarers resident in countries or territories in which the Convention does not apply, the Committee notes that the Government refers to Executive Decree No. 06-77 of 18 February 2006 specifying the mandate of the national employment agency, which includes the development of employment opportunities for Algerian workers abroad. The Committee recalls that Algeria must require that shipowners of ships that fly its flag, who use seafarer recruitment and placement services based in countries or territories in which this Convention does not apply, ensure, as far as practicable, that those services meet the requirements of the MLC, 2006 (Standard A1.4, paragraph 9). The Committee requests the Government to indicate the manner in which it gives effect to this requirement of the Convention.
Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes that section 68 of Act No. 90-11 of 21 April 1990 on employment relationships refers to notice periods within the conditions established by collective agreements. The Committee notes that the collective agreement of the National Maritime Passenger Transport Enterprise (ENTMV), to which the Government refers without providing a copy, specifies that when a contract is terminated by the resignation of the employed seafarer, the seafarer is required to give 15 days’ notice, in accordance with Executive Decree No. 05-102 of 26 March 2005 establishing specific regulations governing the employment of the seagoing personnel of maritime transport, merchant or fishing vessels. The Committee notes that this Decree specifies that the notice period may be shortened by the tacit agreement of the two parties, without any additional indication. The Committee recalls that Standard A2.1, paragraphs 4(g)(i) and 5, specifies that the notice period shall not be less for the shipowner than for the seafarer and that it shall not be shorter than seven days. The Committee also recalls that Standard A2.1, paragraph 6, specifies that a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice and that, in determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee requests the Government to indicate the manner in which full effect is given to Standard A2.1, paragraphs 4(g)(i), 5 and 6. The Committee requests the Government to provide a copy of the collective agreement referred to above and to indicate, if necessary, whether there are other collective agreements applicable to seafarers.
Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreements. Examination and advice before signing. The Committee notes the Government’s indication that the seafarer may have, if so desired, a period of 48 hours to examine his or her agreement before signing. However, the Committee notes that the Government does not specify the relevant texts. The Committee requests the Government to indicate the legislative texts that give effect to Standard A2.1, paragraph 1(b). It also requests the Government to indicate the manner in which seafarers are informed of the possibility to avail themselves of this right.
Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. The Committee notes that sections 86 and 88 of Act No. 90-11 of 21 April 1990 on employment relationships and section 49 of Decree No. 05-102 of 26 March 2005 establishing specific regulations governing the employment of the seagoing personnel of maritime transport, merchant or fishing vessels, establish the principle of regular remuneration and the periodic provision of a payslip. However, the Committee notes that the intervals of payment of wages and transmission of the payslip, as well as the content of the payslip, are not specified. The Committee requests the Government to indicate the manner in which full effect is given to Standard A2.2, paragraphs 1 and 2.
Regulation 2.3 and Standard A2.3, paragraphs 2, 5 and 6. Hours of work and hours of rest. Limits and division of hours of rest. The Committee notes that the Government refers to section 29(a) of Decree No. 05-102 of 26 March 2005 establishing specific regulations governing the employment of the seagoing personnel of maritime transport, merchant or fishing vessels. This section provides that the total effective working time shall not exceed eight hours for each period of 24 hours, which corresponds to the normal hours of work specified in Standard A2.3, paragraph 3. However, the Committee notes that section 30 of this Decree provides that officers and ratings on watch are required to take at least ten hours of rest during each 24-hour period of service. The Committee recalls that, in accordance with Standard A2.3, paragraph 2, each Member shall within the limits set out in Standard A2.3, paragraphs 5 and 8, fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. The Committee requests the Government to take the necessary measures to fix, for all seafarers within the meaning of the Convention, either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time (Standard A2.3, paragraphs 2 and 5). The Committee also notes that section 30 of the Decree, concerning officers and ratings on watch, indicates that hours of rest may be divided into two periods, of which one shall be at least six consecutive hours. Section 29(c) stipulates that the crew shall be provided with a rest period of at least six uninterrupted hours. However, the Committee notes that these provisions do not specify that the interval between two rest periods shall not exceed 14 hours, as required by Standard A2.3, paragraph 6. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to this provision of the Convention.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that, in case of need, seafarers have every possibility to take shore leave after obtaining permission from the master of the ship. Recalling that seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions, the Committee requests the Government to provide information on the measures giving effect to Regulation 2.4, paragraph 2. The Committee also requests the Government to provide detailed explanations of the interpretation of the term “in case of need”, and to give examples of such cases.
Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2(a) and 3. Repatriation. Circumstances. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that sections 449 and 450 of the Maritime Code provide that any crew members of Algerian nationality resident in Algeria who are put ashore or abandoned in a foreign country for any reason have the right to repatriation and transport to the Algerian port of embarkation. The cost of seafarers’ repatriation and transport shall be borne by the shipowner if the seafarers have remained in a foreign country for reasons beyond their control. Section 450 of the Code provides that any crew members of foreign nationality put ashore or abandoned in a foreign country during or at the end of their employment agreement have the right to be returned to their country, the port of recruitment, or the port of the ship’s departure, according to their choice, unless otherwise specified in the employment agreement or a subsequent agreement. If the employment agreement was terminated on any grounds other than misconduct of the seafarer, the cost of repatriation shall be borne by the shipowner. The Committee notes that the circumstances under which seafarers have the right to repatriation differ according to whether the seafarer has Algerian or foreign nationality. Noting the difference between the two systems, the Committee requests the Government to clarify the definition of the expressions “reasons beyond their control” and “misconduct of the seafarer”. Lastly, the Committee notes that the Maritime Code does not reproduce the minimum circumstances specified by Standard A2.5.1, paragraph 1. The Committee recalls that Standard A2.5.1, paragraph 3, prohibits shipowners from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee also recalls that, if the shipowner is able to recover the cost of repatriation in the limited circumstances referred to above, this situation does not exempt the shipowner from the obligation to organize and pay for repatriation in the first place. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.5.1, paragraphs 1 and 3, of the Convention. It also requests the Government to provide information on the procedure that must be followed and the standard of proof that must be applied for a seafarer covered under the Convention to be found “in serious default of the seafarer’s employment obligations”. Recalling the binding standard of the Convention according to which all seafarers have the right to repatriation, the Committee requests the Government to indicate whether there are any collective agreements for foreign seafarers and, if so, to send copies.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes that the Government has provided a model certificate of financial security and the accompanying relevant information. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (c) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (e) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.
Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes that section 430 of the Maritime Code provides that the shipowner shall insure the seafarer […] against the loss of their personal belongings due to shipwreck, fire on board the ship or other unforeseen events or cases of force majeure during the sea voyage, without prejudice to the regulations in force. The Committee also notes that the Government refers to various measures, particularly in the area of social security, that do not relate specifically to unemployment arising from the ship’s loss or foundering (Standard A2.6, paragraph 1, and Guideline B2.6.1, paragraph 1). The Committee requests the Government to indicate the manner in which effect is given to this requirement of the Convention.
Regulation 2.7 and the Code. Manning levels. The Committee notes that the Government has provided only one copy of a safe manning document, which does not specify the minimum composition of the crew. The Committee requests the Government to provide for each type of ship (passenger, cargo, etc.) the documents specifying the minimum manning levels to ensure the safety of the ship or an equivalent document issued by the competent authority (Standard A2.7, paragraph 1), and to specify the type of ship concerned, its gross tonnage and the number of seafarers usually employed on board. The Committee recalls that, in accordance with Standard A2.7, paragraph 3, when determining manning levels, the competent authority shall take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering, and particularly the obligation to have a fully qualified cook on board. The Committee requests the Government to explain the manner in which it ensures that effect is given to this provision of the Convention.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that sections 439 to 444 of the Maritime Code refer in very general terms to the measures applicable to ships built before the date of entry into force of the Convention for Algeria, and to ships built on or after this date. The Committee notes the Government’s indication that, at present, the ships used by shipping companies were built before the date of entry into force of the MLC, 2006. The Committee notes that section 446 of the Maritime Code provides that the minister responsible for merchant shipping shall fix by decree the specific conditions concerning the installations and equipment of the different categories of ships for the storage and handling of food supplies and the accommodation of the crew. The Committee notes that these necessary regulations have not been adopted, and that the laws and other measures in force do not reflect the detailed requirements of the MLC, 2006, regarding accommodation and recreational facilities on board. The Committee therefore requests the Government to adopt the necessary measures to give full effect to Regulation 3.1 and Standard A3.1.
Regulation 4.1 and Standard 4.1, paragraph 1. Medical care on board and ashore. The Committee notes that section 429 of the Maritime Code provides that, under the regulations in force, the cost of all necessary medical care for seafarers during their voyage and their stay at foreign ports shall be borne by the shipowner. However, the Committee notes that the Government has not provided any information on the measures that guarantee that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise; or that give seafarers the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(b) and (c)). The Committee requests the Government to take the necessary measures to give effect to these requirements of the Convention.
Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum requirements. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s indication that the hospital medicine chest contains all the appropriate medicines and medical equipment, which are subject to periodic (annual) inspections by the flag State authority. It also notes that the Government refers to the Order of 30 April 1986 on the provisions and content of medicine chests on board ships flying the national flag, as amended by an Order of 18 December 2001. The Committee requests the Government to provide a copy of this Order.
Regulation 4.1 and Standard A4.1, paragraph 4(b) and (c). Medical care on board and ashore. Minimum requirements. Medical doctor on board. Seafarer in charge of medical care. The Committee notes the Government’s indication that active crews of more than 100 “seafarers” are provided with an on-board hospital managed by a doctor and a nurse. The Committee recalls that any ship carrying 100 or more “persons” and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor who is responsible for providing medical care (Standard A4.1, paragraph 4(b)). The Committee requests the Government to take the necessary measures to give effect to this requirement.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s indication that the doctor on board may request medical assistance or advice by radio, if necessary. However, the Committee notes that the Government does not specify whether medical assistance is also provided to ships with no doctor on board and whether medical consultations by radio or satellite are provided free of charge and 24 hours a day to all ships irrespective of the flag that they fly. The Committee requests the Government to indicate the measures giving full effect to Standard A4.1, paragraph 4(d).
Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes the copy of the certificate of financial security provided by the Government and the accompanying relevant information. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.
Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes that the Government has not provided information on the issues raised in Standard A4.3, paragraphs 1 and 2, except on measures of general application relating to health and safety personnel representatives. The Committee wishes to draw the Government’s attention in this regard to the ILO Meeting of Experts on Maritime Occupational Safety and Health, held from 13 to 17 October 2014, during which the Guidelines for implementing the occupational safety and health provisions of the MLC, 2006, were discussed and adopted. The Committee requests the Government to indicate the legislation and the measures giving effect to Standard A4.3, paragraphs 1 and 2. It also requests the Government to explain whether the laws and regulations and other measures referred to in Regulation 4.3, paragraph 3, are regularly reviewed in consultation with the representatives of the shipowners’ and seafarers’ organizations, as required by Standard A4.3, paragraph 3, and to indicate whether a safety committee is required to be established on board a ship on which there are five or more seafarers.
Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, and in compliance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit. The Committee notes the Government’s indication that seafarers are covered through the Algerian social security system, but observes that it does not specify the conditions of coverage for seafarers ordinarily resident in Algerian territory but who work on a ship flying a foreign flag. The Committee notes that section 430 of the Maritime Code requires the shipowner to insure the seafarer against death, employment injury and loss of capacity to practise the profession of seafarer on account of employment injury or disease. The Committee also notes that section 432 of the Maritime Code requires the shipowner to provide compensation in the event of death, in addition to the compensation paid by social security. The Committee notes that these provisions apply to seafarers working on ships flying the Algerian flag. The Committee recalls that, under Standard A4.5, paragraph 3, each Member shall take 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, irrespective of their nationality or the flag flown by the ship on which they are employed. The Committee requests the Government to indicate the measures taken to ensure that all seafarers ordinarily resident in Algeria benefit from social security coverage in the branches referred to above and to indicate the number of foreign seafarers resident in Algeria and the measures adopted to provide them with coverage.
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the Government refers to the applicable measures that give effect to the requirements of the Convention concerning the flag State’s responsibilities in relation to the inspection and certification of ships. Although the explanations given demonstrate that Algeria is engaged in implementing its responsibilities in view of the requirements of Regulation 5.1, the Committee notes that the laws and regulations provided do not reflect the detailed procedures and requirements of the Convention. The Committee therefore requests the Government to adopt without delay the necessary measures to give full effect to the requirements of Regulation 5.1, particularly as regards Regulation 5.1.3 on the Maritime Labour Certificate and Declaration of Maritime Labour Compliance and Regulation 5.1.4 on inspection. The Committee requests the Government to provide a valid Declaration of Maritime Labour Compliance, updated to reflect the amendments of 2014.
Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Recognition. The Committee notes that the Maritime Code and Executive Decree No. 02-149 of 9 May 2002 establishing the regulations for ship inspection authorize the delegation of certain inspections to classification societies. The Committee notes the Government’s indication that, before the ratification of the MLC, 2006, a voluntary certification process had been implemented and delegated to a classification society. However, the Government indicates that after the ratification of the MLC, 2006, the certification of ships was delegated to the National Coast Guard Service. The Committee notes that the Government has not indicated whether certain inspection or certification functions provided for by the Convention are still being delegated to recognized organizations. The Committee requests the Government to provide detailed information on the conditions of authorization of recognized organizations as well as the list of recognized organizations which have been authorized to carry out the inspection and certification functions specified by the Convention.
Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaint procedures. The Committee notes that the Government refers to sections 436 and 437 of the Maritime Code regarding the complaint procedure involving the on-board delegate with regard to food on board. The Committee also notes that the Government has provided a copy of the standard procedure for the handling of on-board complaints adopted by the National Maritime Passenger Transport Enterprise (ENTMV), which does not include contact information for the competent authority, as required by Standard A5.1.5, paragraph 4. Noting that sections 436 and 437 of the Maritime Code do not cover the on-board complaint procedure specified in the Convention, the Committee requests the Government to indicate the measures that give full effect to the requirements of Standard A5.1.5 and to send copies of other standard procedures.
Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes that the Government refers to section 237 of the Maritime Code, which provides that the Central Safety Commission shall be responsible for conducting administrative and technical inquiries into marine events or casualties occurring on ships. A technical and administrative inquiry “may be” held by the authorized commission following a marine event or casualty on a ship. The Committee recalls that Regulation 5.1.6 provides that an official inquiry “shall” be held into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag, and that the final report of an inquiry shall normally be made public. The Committee requests the Government to indicate whether any serious marine casualty which leads to injury or loss of life and involves a ship that flies the Algerian flag results in an inquiry, and whether the final report of that inquiry is made public. It also requests the Government to provide statistics on accidents that have resulted in an inquiry and to send the relevant reports.
Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Algeria is a member of the Mediterranean Memorandum of Understanding (MedMoU). The Government also indicates that maritime shipping and labour inspectors are assigned at each main maritime terminal of every port to verify that ships are in compliance with the requirements of the Convention. It also notes the Government’s reference to Executive Decree No. 02-149 of 9 May 2002 establishing the regulations for the inspection of ships in relation to port State control inspections. However, the Committee notes that the Government has not provided detailed information on the manner in which effect is given to the requirements of Regulation 5.2.1 and Standard A5.2.1, particularly on the guidance given to authorized officers as to the kinds of circumstances justifying detention of a ship. The Committee requests the Government to provide this information as well as explanations of the method used to evaluate the effectiveness of the port State inspection and monitoring system (Regulation 5.2.1, paragraph 4).
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes that the Government refers to section 437 of the Maritime Code on the filing of complaints with the on-board delegate. This procedure may result in an inquiry by the competent administrative authority. However, the Committee notes that section 437 of the Maritime Code does not implement the detailed requirements of Standard A5.2.2, particularly the right to submit an application to the competent official even in the absence of a complaint submitted on board, the possibility to conduct a more detailed inspection in accordance with Standard A5.2.1, and the safeguarding of the confidentiality of complaints. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A5.2.2.
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