Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes the information provided by the Government concerning the application of Articles 5(1) and 14(1) of the Convention. The Committee also notes the Government’s intention to amend the relevant provisions of the national legislation to bring them into conformity with Articles 5(2) (records of employment), and 6(3)(1), (3) and (10)(b) (particulars to be included in the agreement), of the Convention. The Committee requests the Government to inform the Office of any progress achieved in this respect, and to provide a copy of the amendments when they have been adopted.

It would be grateful if the Government would provide additional information in its next report on the following point.

Article 10(c). Termination of the articles of agreement in the event of the loss or unseaworthiness of the vessel. In reply to the Committee’s previous comment, the Government indicates that, under the terms of section 134(2) of the Maritime Trade Act No. 8 of 1990, the employer may, in the event of shipwreck, detention or unseaworthiness of the vessel, terminate the articles of agreement without notice. However, the Committee recalls that, as the provisions of the Egyptian legislation differ from the wording of Article 10(c) of the Convention, under the terms of which an agreement shall be duly terminated in the event of loss or total unseaworthiness of the vessel, the seafarer must also in such circumstances have the capacity to terminate the agreement without notice, under the same conditions as the employer.

In this context, the Committee draws the Government’s attention to Standard A2.1 of the Maritime Labour Convention, 2006 (MLC, 2006), as, according to the information available to the Office, Egypt is preparing to ratify the Convention. Paragraph 5 of this Standard provides that the minimum notice period for the early termination of a seafarer’s employment agreement shall not be shorter than seven days, with this notice period being applicable to both shipowners and seafarers. Furthermore, under the terms of paragraph 6 of the Standard, 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. 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 once again requests the Government to indicate the measures envisaged or adopted to ensure that the seafarer can request the termination of the agreement in the event of loss or unseaworthiness of the vessel, under the same conditions as the shipowner or the master.