Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's first report and particularly the fact that the Maritime Labour Code does not apply to the territory. The Committee recalls the opinion expressed in Circular No. 46-CT/T30 of 24 January 1955 that comprehensive regulations for seafarers would be the best means of resolving all the problems of seafarers' employment, and that such regulations should be based on the relevant international Conventions. The Committee would be grateful if the Government would indicate any measures taken or envisaged in this respect.

2. With regard to the provisions referred to in the report, the Committee raises the following points:

Article 3, paragraph 1, of the Convention. The Committee notes the provisions of section 32 of the Overseas Labour Code (CTOM). It notes, however, that section 34 of the Code provides that the types of agreement and the procedures for establishing them are to laid down in Orders. The Committee would be grateful if the Government would provide copies of any Orders issued under this provision.

Article 3, paragraph 6. The Committee would be grateful if the Government would indicate whether, apart from those laid down in section 32 of the CTOM, there are any formalities and guarantees concerning the conclusion of agreements in the national legislation.

Article 4. The Committee notes the provision of section 32 of the CTOM which provides that the competent authority is to approve agreements after it has ascertained that they are consistent with labour legislation. It asks the Government to provide details of the practical application of this provision, indicating in particular whether it is possible to guarantee by this procedure that the agreement does not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement.

Article 5. The Committee would be grateful if the Government would indicate under what provisions a document is, in accordance with this Article of the Convention, given to French or foreign seafarers, the particulars recorded and the manner in which such particulars are to be entered. It also asks the Government to confirm that the document does not contain any statement as to the quality of the seafarer's work or as to his wages. The Committee would also be grateful if the Government would provide a sample of the document given to foreign seafarers.

Article 6, paragraph 1. The Committee would be grateful if the Government would state whether agreements are ever made for a voyage in respect of seafarers employed on ships registered in the territory.

Article 6, paragraphs 2 and 3. The Committee notes the provision of section 38 of the CTOM under which, in the absence of collective agreements, the conditions and period of notice required for the rescission of agreements for an indefinite period have to be laid down by Order. It asks the Government to indicate the conditions and period of notice established (paragraph 10(c)). Furthermore, the Committee would be grateful if the Government would indicate the provision under which the various rights and obligations and other particulars specified by this Article must be stated in the agreement.

Article 7. The Committee notes the Circular of 29 August 1990 respecting the registration and commissioning of ships in the French Southern and Antarctic Territories, which determines the vessels that must carry a list of crew. However, it notes that section 34 of the CTOM referred to by the Government does not require that the agreement be recorded in or annexed to the list of crew. It asks the Government to state which legal text reproduces this requirement of the Convention.

Article 8. The Committee notes that the legislation provided by the Government does not lay down the measures whereby the seafarer's rights and obligations are made clear to him, as required by this provision of the Convention. It asks the Government to provide copies of any relevant legal texts.

Article 9, paragraph 1. The Committee notes that section 38 of the CTOM allows agreements for an indefinite period to be terminated by either party subject to notice. It asks the Government to state whether agreements may be terminated in ports where the vessel loads or unloads, the period of notice required, and whether the period of notice is established by the parties or the competent authority.

Article 9, paragraph 2. The Committee notes that section 38 of the CTOM provides that at the request of the worker concerned, his dismissal must be confirmed in writing within eight days, which would appear to indicate that notice is not given in writing in all cases, as required by the Convention. It asks the Government to take the necessary steps to ensure the national legislation is in conformity with this provision of the Convention. Furthermore, the Committee would be grateful if the Government would indicate whether the national legislation determines the manner of giving notice and, if so, to state its content.

Article 9, paragraph 3. Please provide full information on the nature of the exceptional circumstances determined by national law pursuant to this provision.

Article 10. Please indicate how the national legislation ensures that full effect is given to this provision and, in so far as use has been made of paragraph (d), please give full information on the clauses in question and provide the relevant legal texts.

Articles 11 and 12. The Committee notes that section 41 of the CTOM provides that agreements for a definite period may be terminated prematurely at the request of one of the parties only in the cases provided for in the agreement or in the event of serious misconduct which shall be determined by the competent jurisdiction. It asks the Government to indicate the manner in which effect is given to these Articles with regard to agreements for an indefinite period and to state whether the national legislation lays down circumstances other than serious misconduct in which seafarers may be dismissed or immediately discharged.

Article 13. Please indicate how the national legislation ensures that full effect is given to this Article of the Convention.

Article 14, paragraph 1. The Committee notes that sections 45 and 172 of the CTOM do not ensure that an entry is made in the document issued to the seafarer in accordance with Article 5 of the Convention, showing that he has been discharged following the rescission or termination of the agreement. It asks the Government to take the necessary measures to ensure that effect is given to this provision of the Convention and to provide particulars.

Article 14, paragraph 2. The Committee notes that sections 45 and 172 of the CTOM, referred to by the Government in connection with this Article, do not apply this provision of the Convention. However, section 51 of the CTOM provides that on the rescission of the agreement, workers may require of the employer, subject to the payment of damages, a certificate specifying only the dates on which he joined and left, and the nature and dates of the successive jobs held. It asks the Government to take the necessary measures, including amendment of the national legislation, to ensure that all seafarers, whether French or foreign, are entitled in all cases to obtain from the master a separate certificate as to the quality of their work or, failing that, a certificate indicating whether they have fully discharged their obligations under the agreement.

Article 15. The Committee notes the information supplied by the Government in its report to the effect that the organization of a labour inspection service and the preparation of social legislation for the territory provided for in section 145 of the CTOM are being examined but, owing to practical difficulties, have not yet been realized. Consequently, the only competent authority is the Chief Administrator of the Territory, who is assisted by the maritime authorities. The Committee would be grateful if the Government would indicate any developments in the establishment of the above-mentioned labour inspection services, and provide information on the methods used to ensure supervision of the application of the relevant national legislation.