Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the information supplied by the Government in its reports in answer to its comments.

Article 3, paragraph 4, of the Convention. The Committee notes from the Government's report that the cooperation of the Trade Union of Seafarers of the Merchant Navy and the Maritime Inspection Service consists of providing seafarers with information on working conditions. In addition, the seafarer deposits a copy of the articles of agreement at the Maritime Inspection Service which examines its clauses and ascertains that the seafarer has understood them. As a rule, the seafarer signs the agreement only after reading and understanding them. No problems have ever arisen because of failure to understand the clauses of the agreement. The Committee notes this statement.

Article 5. The Committee had previously noted that the specimen of the seafarer's passport sent by the Government contained an entry for "ability". It notes in this connection the Government's statement that this term refers to the seafarer's suitability and not the quality of his work.

The Committee observes that the document in question contains an entry for "conduct" under the general heading "report of character". Indications of this nature are likely to hamper the seafarer's prospects of finding a new job and are therefore inconsistent with the Convention. The Committee notes the Government's statement in its report that the Maritime Inspection Service also requires the ship's master to indicate in the seafarer's passport that he has fully discharged his obligations under the agreement. Such an entry appears to imply an assessment which could be contrary to the Convention.

The Committee takes due note of the Government's statement that the committee responsible for examining international maritime labour Conventions, constituted by Decision No. 28 of 1993 of the Ministry of Shipping, recommends that the Maritime Inspection Service should check the headings in English in the seafarer's passport. The Committee trusts that the above committee will re-examine the headings in the passport and delete any which imply an assessment, in order to ensure full conformity with the provisions of the Convention.

Article 6, paragraph 3(11). The Committee duly notes that section 43 of the Labour Code applies to seafarers' annual leave with pay.

Article 14. The Committee notes the Government's statement that under section 114(1) of Act No. 8 of 1990 concerning the Shipping Code, section 74 of Labour Code No. 137 of 1981 governs the issuing to the seafarer of a work certificate and a certificate concerning his professional experience and ability.