Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Finlandia (Ratificación : 2013)

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It further notes that Finland had previously ratified 21 maritime labour Conventions that were denounced as a result of the entry into force of the MLC, 2006 for Finland. 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.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that the Act on Medical Fitness Examinations of Seafarers (1171/2010) regulates the medical fitness examinations that seafarers must undergo in order to obtain a medical certificate attesting that they are medically fit to work on board ships. It also notes that the legislation does not, however, contain any provisions with respect to seafarers who have been refused a certificate or have had a limitation imposed on their ability to work. The Committee recalls that Standard A1.2, paragraph 5, requires that seafarers in these situations are given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee. The Committee requests the Government to explain how it ensures the implementation of this provision of the Convention.

The Committee notes that section 9(1) of the Act on Medical Fitness Examinations of Seafarers states that the medical certificates shall be issued in Finnish or Swedish and in English if the seafarer is engaged on international voyages, which is a requirement of Standard A1.2, paragraph 10. It also notes that the Seafarer Medical Examination Form, approved by the Ministry of Social Affairs and Health and provided by the Government is written in Finnish and contains only one section that appears also in English. The Committee requests the Government to explain how it is ensured that the medical certificates for seafarers working on ships ordinarily engaged on international voyages are as a minimum provided in English, as required under Standard A1.2, paragraph 10.

Regulation 1.4 and the Code. Recruitment and placement services. The Committee notes the Government’s indication that there are no private recruitment services operating in its territory and that the public employment and business services, in accordance with the Act on Public Employment and Business Service (916/2012), seek to promote, among other things, the functioning of the labour market by ensuring the availability of skilled labour and providing jobseekers with opportunities for finding work. The Committee notes in particular that Chapter 14, section 1 of the Act permits a claim for rectification against a decision issued by the employment and economic development office but does not seem to provide for the investigation of complaints. The Committee recalls in this regard that Standard A1.4, paragraph 7, requires the competent authority to ensure that adequate machinery and procedures exist for the investigation of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers. The Committee requests the Government to explain how it implements this requirement of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s indication that although Finnish legislation does not contain any specific provisions that an employee should be given time to examine an employment contract in advance before signing it, this rule is applied in practice. It also notes that there is no provision nor any mention regarding the seafarer’s right to seek advice on the agreement before signing it. The Committee therefore requests the Government to provide clarifications on how it is ensured that seafarers are given the opportunity to examine and seek advice on the employment agreement before signing it, as required under Standard A2.1 of the Convention.

The Committee notes that Chapter 1, section 3 of the Seafarers’ Employment Contract Act (756/2011), and the Seaman’s Contract of Employment provided by the Government contain almost all of the requirements set out in Standard A2.1, paragraph 4, of the Convention, with the exception of the seafarer’s date of birth or age. Recalling that this information is essential to ensure that no person below the minimum age is employed or engaged in a ship, the Committee requests the Government to indicate the measures adopted or foreseen in order to include the seafarer’s date of birth or age in the seafarers’ employment agreement, as required by the Convention.

The Committee notes that if an employment contract has been concluded for an indefinite period, Chapter 7, section 4, of the Seafarers’ Employment Contract Act provides for various periods of notice to be observed by the employer, unless otherwise agreed, ranging from one month to six months, depending on the length of uninterrupted service. It also notes that the seafarer, on the other hand, must observe periods of notice ranging from 14 days to two months (also depending on the length of uninterrupted service), unless otherwise agreed. In any case, it appears that the parties are able to agree upon a notice period shorter than what is prescribed by the Act, or even the minimum period of seven days required under Standard A2.1, paragraph 5, of the Convention. The Committee requests the Government to explain how it is ensured that the agreed notice period shall not be shorter than seven days, as required under Standard A2.1, paragraph 5, of the Convention, with the exception of cases of “compassionate or other urgent reasons” as stated in paragraph 6 of this Standard.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that section 2 of the Seamens’ Working Hours Act (296/1976) states that this Act does not apply to work performed by: (i) the master of a vessel on board which two or more persons are employed in addition to the master; (ii) the chief engineer or first mate, if their work is not divided into watches; and (iii) the chief officer of a passenger vessel catering department employing at least 15 persons in addition to the said officer. The Committee recalls that “seafarer” is defined under Article II, paragraph (1)(f), of the Convention as “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. The Committee therefore requests the Government to explain how all seafarers, including masters, chief engineers or first mates and chief officers of the catering department of passenger vessels, are covered by the protection afforded by Regulation 2.3 of the Convention.

The Committee had previously noted in its comment concerning the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), that under sections 10 of both the Seafarers’ Hours of Work Act and the Act on Working Hours on Vessels in Domestic Traffic, minimum rest periods may not only be interrupted by the master in case of emergency situations, but also in the case of necessary watchkeeping duties in the port. The Committee had requested the Government to ensure that watchkeeping in port is included in the schedule of service in port. Observing that the legislation has not changed on this matter, the Committee recalls that according to Standard A2.3, paragraph 14, of the Convention, the master may suspend the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been restored when 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. As watchkeeping in port cannot be considered as an emergency situation, the Committee requests the Government to adopt the necessary measures to ensure that this task is included in the schedule of service in port and that interruptions to the scheduled hours of work and rest periods are limited to the circumstances contemplated in Standard A2.3, paragraph 14.

The Committee had also noted, with respect to Convention No. 180, that there were no provisions in the legislation requiring the endorsement of the working hours register by all parties concerned. Noting that the situation remains the same, the Committee recalls that under Standard A2.3, paragraph 12, of the Convention, seafarers are entitled to receive a copy of the records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers. The Committee requests the Government to adopt the necessary measures to implement this provision of the Convention. It also requests the Government to provide further details on the procedures for keeping the records on board and the intervals at which the information is recorded. The Government is finally requested to provide a copy of the approved standardized table for shipboard working arrangements, according to Standard A2.3, paragraphs 10 and 11.

Regulation 2.5, Standard A2.5, paragraph 1(b)(ii). Repatriation. The Committee notes that Chapter 3, section 2(3) of the Seafarers’ Employment Contracts Act states that seafarers may lose their right to a free homeward journey if they fail to request it when giving notice or cancelling their employment agreement. Noting that according to Guideline B2.5.1, paragraph 8, the entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period of time to be defined by national laws or regulations or collective agreements, the Committee requests the Government to explain how it ensures that a reasonable period of time to claim repatriation is indeed given to seafarers before they may lose this entitlement guaranteed by Standard A2.5, paragraph 1(b)(ii), of the Convention.

Regulation 3.1, Standard A3.1, paragraph 18. Accommodation and recreational facilities. The Committee notes that according to section 12 of the Act on the Working and Living Environment and Catering for Seafarers on Board Ships (395/2012), the ship’s master has the right to inspect the seafarers’ accommodation if there is reason to suspect that the accommodation does not meet the health and safety requirements or if an inspection is necessary to ensure that the accommodation is suitable for living. It notes, however, that this Act does not mention the frequency of the inspections. The Committee requests the Government to specify the frequency of the inspections of the seafarers’ accommodation, pursuant to the requirements of Standard A3.1, paragraph 18, of the Convention.

Regulation 3.2, Standard A3.2, paragraph 4. Training requirements for ships’ cooks. The Committee notes that the applicable legislation, while regulating training for ships’ cooks, does not contain details on the requirements of a training course for obtaining a cook’s certificate, which should be approved or recognized by the competent authority and cover practical cookery, food and personal hygiene, food storage, stock control and environmental protection and catering health and safety, as required under Standard A3.2, paragraph 4, of the Convention. The Committee requests the Government to provide information on the implementation of this provision of the Convention, indicating any relevant legislation on this matter.

Regulation 4.1, Standard A4.1, paragraph 4(d). Medical advice by radio or satellite. The Committee notes that section 4 of the Decree of the Ministry of Social Affairs and Health on Ships’ Medical Stores (589/2015) states that the medical stores of certain vessels must have the latest edition of the International Maritime Organization (IMO) International Code of Signals for medical consultation via radio or satellite communication systems. While this implies that the ships are required to carry the appropriate equipment to allow medical advice through radio or satellite communications, the Committee notes that this is not specified in the legislation. The Committee recalls that Standard A4.1, paragraph 4(d), of the Convention requires the competent authority to ensure that medical advice by radio or satellite communication to ships at sea, including specialist advice, is available 24 hours a day, and shall be free of charge to all ships irrespective of the flag they fly. The Committee requests the Government to specify whether this system is put in place and how this requirement of the Convention is applied in practice.

Regulation 4.2 and the Code. Shipowner’s liability. The Committee notes that Chapter 2, section 12, of the Seafarers’ Employment Contracts Act states that the employer has a duty to provide proper care for sick or injured seafarers and, where necessary, the seafarer must be brought ashore to receive medical care including the medical care prescribed by a medical doctor with any and all travel, medication and subsistence. The employer’s responsibility for subsistence of the seafarer shall expire, at the latest, when the seafarer returns to his or her home. If a sick or injured seafarer has to remain abroad to receive medical care, the employer shall make sure that the employee receives proper care and treatment. The Committee recalls that Standard A4.2, paragraph 1(c), of the Convention states that shipowners shall be liable to defray the expense of medical care until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character. The Committee also notes that Chapter 2, section 10, of the Act states that the seafarer is entitled to wages during illness and limits the shipowner’s liability to pay wages for a set period according to their position on board. The Committee recalls that Standard A4.2, paragraph 3, states that the shipowner shall be liable to pay full wages to the sick or injured seafarer as long as he or she remains on board or until the seafarers have been repatriated; and from the time when he or she is repatriated or landed until recovery or, if earlier, until they are entitled to cash benefits under the national legislation. The Committee notes that the legislation does not specify the duration of the shipowner’s liability in each of these cases. The Committee requests the Government to clarify the duration of the shipowner’s liability with respect to the seafarer’s medical care and wages, in accordance with Standard A4.2, paragraphs 1(c) and 3, of the Convention.

The Committee notes that Chapter 2, section 10, of the Seafarers’ Employment Contracts Act states that the seafarer is entitled to wages during illness according to their position on board: shipmasters up to a maximum of 90 days, other employees up to a maximum of 60 days in foreign traffic and up to a maximum of 30 days in domestic traffic. The Committee recalls that the shipowners’ liability regarding the payment of wages in whole or in part in respect of a seafarer no longer on board shall not be less than 16 weeks from the day of the injury or the commencement of the sickness, as required under Standard A4.2, paragraph 4, of the Convention. Noting that the limit established by the legislation does not satisfy this requirement of the Convention, the Committee requests the Government to indicate the measures taken to fully implement this provision of the Convention.

Regulation 4.3 and the Code. Legislation on health and safety protection and accident prevention. The Committee notes the Government’s indication that the Occupational Safety and Health Act No. 738/2002 is observed as a general Act that applies to all work carried out on the basis of an employment relationship or service. It also takes note of other legislation of general application implementing Regulation 4.3, such as the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces No. 44/2006, as amended. The Committee requests the Government to specify whether and how the legislation implementing Regulation 4.3 and the Code takes account of relevant international instruments dealing with occupational safety and health protection, particularly with respect to maritime employment, as required by Standard A4.3, paragraph 2(a), of the Convention.

Standard A4.3, paragraph 2(d). Ship’s safety committee. The Committee notes that section 38 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces states that an occupational safety and health committee shall be established at workplaces of at least 20 employees. The Committee recalls that Standard A4.3, paragraph 2(d), specifies that a safety committee shall be established on board ships on which there are five or more seafarers. The Committee requests the Government to indicate the measures taken to implement this requirement of the Convention.

Regulation 5.1.3 and the Code. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes that the Government supplied a copy of the Declaration of Maritime Labour Compliance (DMLC) Part I and an example of a DMLC Part II. It also notes that the DMLC Part I only refers to the relevant legislation without further information on the content of the identified provisions. Similarly, the Committee notes that the example of a DMLC, Part II, contains a reference to the relevant legislation and a brief description of the requirement but it is not an authorized document. The Committee recalls that Standard A5.1.3, paragraph 10(a), provides that the DMLC, Part I, drawn up by the competent authority shall not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but also provide, “to the extent necessary, concise information on the main content of the national requirements”. The Committee also recalls that Guideline B5.1.3, paragraph 1, provides guidance with respect to the statement of national requirements, including recommending that “where national legislation precisely follows the requirement stated in this Convention, a reference may be all that is necessary”. The Committee requests the Government to consider amending the DMLC, Part I, so as to ensure that it not only provides a reference to the national requirements embodying the relevant provisions of the Convention, but also to the extent necessary concise information on the main content of these requirements.

The Committee notes the Government’s statement that there is no specific provision in the national legislation requiring the posting of the labour certificate on the ship, but that this is implemented in practice through the general International Convention for the Safety of Life at Sea (SOLAS) requirement where the certificate, at minimum, must be readily available on board for examination at all times. The Committee recalls that, according to Standard A5.1.3, paragraph 12, a current valid maritime labour certificate and declaration of maritime labour compliance shall be carried on board the ship, a copy shall be placed in a conspicuous place on board ship to be available to all seafarers, and a copy shall be available upon request to seafarers, flag State inspectors, authorized officers in port States and shipowners’ and seafarers’ representatives. The Committee requests the Government to explain how it is ensured that these documents are available on board ship in the manner required by the Convention.

Regulation 5.1.4 and the Code. Inspection and enforcement. The Committee notes that under section 11(3) of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces the inspection report, completed by the inspector, shall be submitted to the employer and the occupational safety and health representative, or in the absence of an occupational safety and health representative, the employer shall notify the employees of the inspection report in an appropriate manner at the workplace. The Committee recalls that while Standard A5.1.4, paragraph 12, of the Convention requires inspectors to submit a report to the competent authority, this requirement is not specified in the legislation. The Committee requests the Government to clarify whether the inspection report is in fact submitted to the competent authority, as required by the Convention.

Regulation 5.1.5, paragraph 2. On-board complaint procedures. The Committee notes that section 28 of the Occupational Safety and Health Act states that if harassment or other inappropriate treatment of an employee occurs at work, the employer shall take measures for remedying this situation. However, it is unclear if the seafarer is protected from any kind of victimization after lodging a complaint, as required by Regulation 5.1.5, paragraph 2. The Committee requests the Government to explain how it is ensured that any kind of victimization of a seafarer for filing a complaint is prohibited and penalized, as required under Regulation 5.1.5, paragraph 2, of the Convention.

[The Government is asked to reply in full to the present comments in 2018.]