Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2(b) of the Convention. Definition of “seaman”. The Committee requests the Government once again to clarify whether the term “seaman” also covers those persons on board the vessel who are not directly involved in its operation, but perform other duties, such as serving passengers on ships.

Article 3(1). Entitlement to repatriation. The Committee notes that, according to section 55(1) of the Merchant Shipping Code, a seafarer is repatriated at the shipowner’s expense in the following cases: termination of employment by the shipowner or an authorized representative; illness or injury; shipwreck; inability of the shipowner to meet obligations arising from national legislation or from the relevant agreement. It draws the Government’s attention to the fact that Article 3(1) of the Convention confers on any seafarer, who is landed during the term of his/her engagement or on its expiration, the right to be taken back to one of the three repatriation destinations provided for in the Convention. Consequently, the Committee requests the Government to take the necessary measures to ensure that in all cases where a seafarer is landed during the term of his/her engagement or on its expiration, the seafarer shall be entitled to repatriation; this being without prejudice to the arrangements made concerning repatriation expenses.

Article 5(2). Remuneration. The Committee requests the Government to clarify whether, when a seafarer is repatriated as a member of a crew, he/she is entitled to remuneration for work done during the voyage.

Article 4(d). Repatriation expenses. The Committee requests the Government to indicate the measures taken to ensure that the expenses of repatriation shall under no circumstances be borne by seafarers left behind by reason of discharge for any cause for which they cannot be held responsible.

Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including information on any practical difficulties in the application of the Convention.