Observación (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

The Committee notes the Government's report and the observations made by the Turkish Confederation of Employers' Associations.

Article 1(c) of the Convention. In comments made for a number of years the Committee noted that section 1467 of the Commercial Code (No. 6762 of 29 June 1956) empowers the master of a ship to use force with a view to ensuring the proper running of the vessel and the maintenance of discipline to bring deserting seafarers back on board to perform their duties.

The Government previously stated that the authority granted to masters to this effect is restricted to the case of necessity and that in its view this application is in conformity with paragraph 2(d) of Article 2 of the Forced Labour Convention, 1930 (No. 29) and falls outside the definition of labour discipline in paragraph (c) of Article 1 of Convention No. 105. The Government also indicated that the expression "case of necessity" means that a measure as contemplated in section 1467 would be compulsory only in the event of emergencies (i.e. in cases of danger to the security of the vessel, passengers and the goods on board), and that, if taken, such a measure would be immediately lifted after the completion of the vessel's journey and that bringing back by force a deserting seaman is closely related with the purpose of the proper running of the vessel.

The Committee observed that Article 1(c) of the Convention prohibits without exception the use of any form of forced or compulsory labour as a means of labour discipline, and that in order to remain outside the scope of the Convention, any sanction involving compulsory labour must be limited to acts endangering the safety of the ship or the life or health of persons which need to be strictly defined. Neither these criteria nor those of Article 2(2)(d) of Convention No. 29 are met by the wording of section 1467 of the Commercial Code, which empowers the master to use force for ensuring the proper running of the vessel and the maintenance of discipline. Moreover, the existence of legal remedies is inadequate where the criteria laid down in national law do not meet the standard of the Convention.

The Committee notes that in its latest report the Government refers to the Maritime Labour Act No. 854 of 20 April 1967 which applies to seamen who work under an employment contract on board vessels of 100 gross tons and over, flying the Turkish flag, on seas, lakes, inland waterways and rivers and to their employers. The Government states that this Act, adopted later than the Commercial Code, has priority as concerns application of the legislation on matters in connection with the Convention. The Government further reiterates its previous views concerning the limitation of the application of the provision of section 1467 to cases of necessity, the legal remedies available and the conformity in its opinion with the provisions of the Convention, views which are shared by the Turkish Confederation of Employers' Association.

The Committee notes that under section 14 of the 1967 Maritime Labour Act the contract of employment of a seaman who fails to return on board ship (or who returns on board ship but refuses to perform his duties) may be terminated by the employer. The Committee notes with interest that the Act does not provide for the forcible return on board ship. The Committee observes that the 1967 Act does not however formally repeal section 1467 of the Commercial Code and that its scope is limited to ships of 100 or more gross tons.

The Committee also takes note of the Government's statement in its report that tripartite meetings are being held with a view to examining possible amendments to the labour legislation and that the Government considers suggesting an amendment on the matter in question in the forthcoming meetings.

The Committee trusts that the Government will indicate action taken either to repeal the powers under section 1467 of the Commercial Code or to limit them to circumstances where the safety of the ship or the life or health of persons are in danger. The Committee hopes that the Government willprovide information on measures adopted to this effect.