Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 4, paragraphs 1 and 2, of the Convention. Please indicate how effect is given to these provisions of the Convention.

Article 5, paragraph 1. Please indicate whether national legislation has any provisions relating to the particulars to be recorded and the manner in which such particulars are to be entered in a seafarer’s employment record.

Article 5, paragraph 2. The Committee recalls that under this provision of the Convention, the document given to the seaman containing a record of his employment on board the vessel shall not contain any statement as to the quality of the seaman’s work or as to his wages. It notes that the seafarer’s passport contains an entry for "conduct" under the general heading "report of character". The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made in this respect.

Article 6, paragraph 3(1). Please indicate whether the maritime labour contract shall indicate the birthplace of the seaman.

Article 6, paragraphs 3(3) and 3(10)(b). The Committee recalls that under these provisions of the Convention, the name of the vessel or vessels on board which the seaman undertakes to serve and, if the agreement has been made for a single voyage, the port of destination and the time which has to expire after arrival before the seaman can be discharged shall be contained in the agreement. It notes the Government’s indication that in Egypt these particulars are included not in the maritime labour contract, but in the seafarer’s passport. The Committee asks the Government to take all necessary measures in order to give effect to these provisions of the Convention and to keep it informed on any progress made in this respect.

Article 10, paragraph (a). Please indicate provisions of the national legislation providing for the possibility to terminate the maritime labour contract by mutual consent of the parties.

Article 10, paragraph (c). Please indicate whether in cases listed in section 14 of the Act on Maritime Labour Contracts the seafarer also has the right to terminate a contract.

Article 12. Please indicate specific provisions of the national legislation defining the circumstances in which the seafarer may demand his immediate discharge.

Article 13, paragraphs 1 and 2. Please indicate specific provisions of the national legislation which establish the right of the seafarer to claim his discharge in the circumstances  described in Article 13 of the Convention.

Article 14, paragraph 1. The Committee asks the Government to clarify whether in case of termination of the maritime labour contract an entry shall be made in the list of the crew showing that the seafarer has been discharged, whether such entry and the similar entry in the seafarer’s passport shall, at the request of either party, be endorsed by the competent public authority, and which are the respective provisions of the national laws or regulations establishing such requirements.