Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention du travail maritime, 2006 (MLC, 2006) - Croatie (Ratification: 2010)

Autre commentaire sur C186

Demande directe

2021
2017

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that Croatia has previously ratified 13 maritime labour Conventions that were denounced as a result of the entry into force of the MLC, 2006. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, introducing the new Standard A2.5.2 and replacing Standard A4.2 by Standards A4.2.1 and A4.2.2, entered into force for Croatia on 18 January 2017. It further notes that the Government’s report was received before the entry into force of these amendments. It also notes the efforts undertaken by the Government and the social partners to implement the Convention. 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.

Article II, paragraphs 1(f), 2 and 3 of the Convention. Scope of application. Seafarers. The Committee notes that, according to information provided by the Government, most of the seafarers resident in Croatia (15,806) work on foreign ships, while 1,300 seafarers work on board Croatian flag vessels. It also notes that, according to information available at the Office, a large majority of seafarers working on board ships flying the Croatian flag are Croatian nationals. The Committee further notes the Government’s indication that no cases of doubt have arisen as to whether any categories of persons are to be regarded as seafarers. It also notes that the Maritime Code (Official Gazette No. 181/04), as amended, provides that the ship’s crew shall consist of the master and other persons embarked to do work on board and registered in the crew list (section 125(1)). Under section 125(4) of the Code, the labour, living and social conditions of seafarers shall be regulated through collective bargaining.

The Committee notes that while the provisions of the Maritime Code mainly refer to crew members engaged in international voyages, its section 141 extends the scope of application of specific provisions on a seafarer’s discharge book and repatriation, to foreign seafarers employed on board Croatian ships, which implies that the remaining provisions of the Code only apply to Croatian nationals. The Committee further notes the Government’s reference to the national collective agreement for Croatian seafarers on board ships in the international shipping trade 2015–17 (hereinafter, CBA) concluded between the Mare Nostrum (Association of Croatian Shipowners in the international shipping trade) and the Seafarers’ Union of Croatia. It notes that such CBA is applicable to all seafarers of Croatian nationality serving on board ships in the international trade, regardless of the type of seafarers’ employment agreement, the ship register and the ownership over the vessel. It also notes the Government’s information that in respect of seafarers (regardless of their nationality) engaged in national navigation, there is currently no national collective agreement adopted, and that therefore the provisions of the Maritime Code and the Labour Act are applied to them.

Furthermore, the Committee notes that the legislation giving effect to Regulation 1.2 on medical certificates, in particular the “Ordinance on seaman’s books” (Official Gazette No. 54/13) and the “Ordinance on health requirements for crew members on seagoing ships, boats and yachts” (Official Gazette No. 93/07), as amended, only appears to apply to seafarers registered as crew members, thus not covering the staff not directly involved in the navigation of the ship.

The Committee draws the Government’s attention to the definition of “seafarer” under Article II, paragraph 1(f), which covers “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”, regardless of her/his nationality. This encompasses not only crew members sensu stricto, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). It also recalls that the MLC, 2006, does not allow for the partial application of the national law implementing its provisions as far as the workers concerned are seafarers covered by the Convention. The Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers covered by the Convention working on ships flying the Croatian flag.

Article II, paragraph 1(i), 4 and 5. Ships. The Committee notes that the Croatian fleet is mainly composed by ships of less than 200 gross tonnage which are not engaged in international voyages or voyages between ports in other countries. The Committee also notes the Government’s indication that no cases of doubt have arisen as to whether a ship or a particular category of ship, or a similar navigating means, is covered by the Convention. However, it notes that according to section 5 of the Maritime Code, ship, with the exception of warship, is any waterborne craft intended for navigation at sea, “exceeding 12 meters in length and a gross tonnage of 15 tons, or one authorized to carry more than 12 passengers”. A yacht is defined as “a waterborne craft for sports and recreation, regardless of whether it is used for personal needs or business, exceeding 12 m in length and intended for a longer stay at sea, which is furthermore authorized to carry no more than 12 passengers in addition to the crew”. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. Article II, paragraph 6 provides flexibility with respect only to the application of “certain details of the Code”, that is, Standard and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements (determination of competent authority in consultation with shipowners’ and seafarers’ organizations; subject matter dealt with differently by national legislation, collective agreements or other measures). Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage or carrying a certain number of passengers, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee notes that legislation cited by the Government as implementing this Regulation, that is the “Ordinance on seaman’s books”, stipulates that “a seaman’s book or embarkation permit shall be issued to a person who has reached the age of sixteen”. The Committee has not however been able to find in the legislation a general prohibition of the employment, engagement or work on board a ship of any person under the age of 16, as required by Standard A1.1, paragraph 1. The Committee requests the Government to indicate the measures adopted to ensure compliance with this provision of the Convention.

Regulation 1.3. Training and qualifications. With regard to the implementation of Regulation 1.3, paragraph 2, the Committee notes that Circular CIRC-MPPI-005 on “new security requirements for ship crew members and issuance of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) certificate according to the 2010 Manila amendments”, which provides inter alia for the security-related familiarization programme, applies to all crew members engaged in any capacity on ships required to comply with the International Ship and Port Facility Security Code (ISPS Code). The Committee notes that the scope of application of the MLC, 2006, is wider than that of the ISPS Code. The Committee recalls that under Regulation 1.3, paragraph 2, seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. The Committee accordingly requests the Government to indicate how it gives effect to this requirement of the Convention with regard to all seafarers working on all ships covered by the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that, under section 125a of the Maritime Code, as amended, the recruitment and placement of seafarers on board Croatian and foreign flag vessels may be performed by the Croatian Employment Bureau or by legal entities fulfilling requirements prescribed by a special regulation. An “Ordinance on recruitment and placement of seafarers” (Official Journal No. 120/07) authorizes private entities to engage in recruitment and placement of seafarers upon obtaining a licence by the Ministry of the Sea, Transport and Infrastructure following the recommendation of an advisory committee composed of representatives of the said Ministry and the Ministry of Economy, Labour and Entrepreneurship, as well as representatives of shipowners’ and seafarers’ organizations. Under section 4(5) of the Ordinance, a licence to a private employment agency may only be issued when the agency has a valid liability insurance policy for financial losses suffered by the seafarer as a result of the failure of the agency, in the amount of at least 50,000 Croatian kuna (HRK) (approximately US$7,800). The Committee observes that this insurance does not cover cases in which seafarers incur in monetary loss as a result of the failure of the shipowner under the seafarer’s employment agreement to meet her/his obligations to them, as required under Standard A1.4, paragraph 5(c)(vi). The Committee notes the Government’s statement that the Ordinance mentioned above was going to be amended in 2017, following consultations with the social partners. The Committee expects that the amendments to the Ordinance will ensure full compliance with the Convention and requests the Government to transmit the text of the amended version of the Ordinance upon adoption.

Regulation 2.1 and Standard A2.1, paragraph 1. Seafarers’ employment agreements (SEA). Requirements. The Committee notes that under sections 125(2) and 127 of the Maritime Code, when boarding a ship in international navigation a crew member must be in possession of a concluded written employment agreement. The Committee notes that under section 16 of the “Ordinance on recruitment and placement of seafarers” cited above, the employment contract with a seafarer is signed by the employer or by the intermediary on behalf of the employer. The Committee stresses the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II. In accordance with Standard A2.1, paragraph 1, every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee notes, in this connection, that the Croatian legislation is not clear as to who is the responsible party for seafarers’ living and working conditions.

With regard to the implementation of Standard A2.1, paragraph 1(d), the Committee notes the Government’s reference to section 8 of the Labour Act providing that when the worker starts working, the employer shall be obliged to enable the worker to acquaint himself with the employment-related regulations and inform the worker about the organization of work. The Committee observes that the requirement contained in Standard A2.1, paragraph 1(d), is broader as it requires that information on the conditions of employment is easily accessible on board by seafarers and may be reviewed by the competent authorities. The Committee requests the Government to indicate the laws and regulations adopted, applicable to all seafarers covered by the Convention, which ensure that: (a) seafarers have an SEA signed by both the seafarer and the shipowner or a representative of the shipowner; (b) seafarers signing an SEA are given an opportunity to examine and seek advice on the agreement before signing; (c) the seafarer has an original of the SEA signed by both the shipowner and the seafarer; and (d) seafarers have easy access on board to clear information as to the conditions of their employment and such information, including a copy of the SEA, is also accessible for review by officers of a competent authority.

Regulation 2.1 and Standard A2.1, paragraph 3. Record of employment. The Committee notes that the Government refers to section 130 of the Labour Act providing that at the worker’s request, the employer shall issue a certificate on the type of works performed by the worker and the length of employment. The Committee observes, however, that the Convention provides that seafarers shall be given a document containing a record of their employment, regardless of any request from them. The Committee requests the Government to ensure that, without previous request, the seafarers are given a document containing a record of employment as required by Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Matters to be included in, and form of, the SEAs. The Committee notes that the Government refers to a model SEA, which contains some, but not all, of the matters listed in Standard A2.1, paragraph 4. It also notes that the model SEA refers to the provisions of the national CBA, which however has a limited scope of application. The Committee recalls that the Convention calls for the adoption of laws and regulations specifying the matters to be included in all SEAs governed by its national law. In this regard, it notes that the provisions of the Labour Act regulating the elements to be included in written employment contracts do not include all the matters provided under Standard A2.1, paragraph 4. The Committee requests the Government to adopt laws and regulations in conformity with Standard A2.1, paragraph 4, which cover all seafarers protected under the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Conditions of termination and periods of notice. The Committee notes the Government’s reference to section 122 of the Labour Act, which provides that the period of notice for termination of employment varies between two weeks and two months depending on the length of service with the same employer. The Committee observes that these provisions are applicable to workers in general but do not necessarily take into account the specific circumstances of seafarers. The Government also refers to section 19 of the national CBA, which regulates notice of termination but has a limited scope of application. The Committee requests the Government to specify whether and how the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons has been taken into account (Standard A2.1, paragraph 6). The Government is further requested to provide information on consultations held with respect to the determination of the period of notice as required by Standard A2.1, paragraph 5, of the Convention.

Regulation 2.2. Standard A2.2 and the Code. Wages. The Committee notes the Government’s reference to the CBA, which has a limited scope of application. It also notes that section 11(4) of the CBA regulating the monthly account of wages does not specify whether the monthly account includes the elements indicated in Standard A2.2, paragraph 2. The Committee requests the Government to indicate how it ensures that the monthly account of wages of all seafarers covered by the Convention, including non-Croatian seafarers working on board Croatian flagged ships, contain the elements indicated in Standard A2.2, paragraph 2. It also requests the Government to provide information on measures implementing Standard A2.2, paragraphs 3–5 with regard to all seafarers covered by the Convention.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that according to section 8(5) of the “Ordinance on watchkeeping requirements and methods and attending to other duties on board ships which provide for safe navigation and protection of the sea against pollution” (Official Gazette No. 125/05), as amended, in the cases of examination of a ship or exercise, it is permitted to temporarily shorten the hours of rest to at least six uninterrupted hours in two days (48 hours), while periods of rest during seven days (168 hours) cannot be shorter than 77 hours, taking into account tiredness of crew members. The Committee notes that this exception is not in conformity with Standard A2.3, paragraphs 5 and 6 of the Convention. The Committee further notes that according to section 8(6) of the same Ordinance, for regular lines in domestic voyages and ships of the navigation category 7 and 8, the company and seafarers’ organizations may register collective agreements or an agreement on minimal working and social standard with annexes, with the consent of the competent maritime authority, to establish a different organization of the working schedule, which ensures special safety arrangements. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraph 5, and that any exceptions to paragraphs 5 and 6 of this Standard which do not fall within those covered by paragraph 14 (immediate safety of the ship, persons on board or cargo, or assistance to other ships or persons in distress at sea), including those provided for in the STCW, as amended, must follow the requirements of Standard A2.3, paragraph 13 and be provided by no other means than collective agreements. The Committee requests the Government to take the necessary measures to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6 may only be provided through collective agreements.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s reference to section 77 of the Labour Act, which provides that the worker shall be entitled to an annual leave of at least four weeks in each calendar year. However, the same section also provides that the first-time worker or the worker with the interruption period between two employments exceeding eight days shall acquire the entitlement to annual leave after six consecutive months of employment with that employer. The Committee notes that the CBA, which refers to the provisions of the MLC, 2006, on annual leave (section 13) including on the method of calculation of the leave per month of employment, does not cover all the seafarers protected by the Convention. The Committee recalls that Standard A2.4, paragraph 1, requires the adoption of laws and regulations determining minimum leave for seafarers. Under Standard A2.4, paragraph 2, “Subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment”. The Committee further recalls that, according to Guideline B2.4.1, paragraph 3, for seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro rata basis. The Committee requests the Government to adopt laws or regulations in conformity with Standard A2.4 applicable to all seafarers covered by the Convention and to indicate how it has given due consideration to Guideline B2.4.1, paragraph 3.

Regulation 2.5 and Standard A2.5.1. Repatriation. Circumstances. The Committee notes the Government’s reference to section 138(1) of the Maritime Code, providing that “If a crew member has been disembarked from a ship during his employment on board or after its termination outside his port of boarding, the shipowner must ensure his repatriation …” It notes that, under section 141, provisions on repatriation also apply to foreign seafarers. The Government also refers to section 20 of the CBA regulating repatriation. The Committee observes that the provisions cited by the Government as implementing Regulation 2.5, paragraph 1, do not cover all the circumstances in which seafarers shall be entitled to repatriation pursuant to Standard A2.5.1, paragraph 1. The Committee requests the Government to indicate how it ensures that Standard A2.5.1, paragraph 1, is fully implemented with regard to all seafarers within the meaning of the Convention.

Regulation 2.5 and Standard A2.5.1. Exceptions to the prohibition to recover the cost of repatriation. The Committee notes the Government’s reference to section 139(2) of the Maritime Code, according to which the shipowner shall not recover the costs of the repatriation from a crew member except in case of major violations by the latter of obligations arising from the employment contract. It further notes that the CBA, which has a limited scope of application, in its section 20(3) refers to seafarers’ misconduct, that is, serious breach of any of the responsibilities from the employment agreement, as a case in which the employer may recover the expenses of repatriation from seafarers’ wages. With regard to the possibility to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned on the seafarer been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. Noting that section 139(2) of the Maritime Code refers to the notion of “major violations of obligations from the employment contract” and that the national CBA refers to “serious breach of any of the responsibilities from the employment agreement”, the Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations” pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, it takes note of the adoption of Regulation 122/2016 on the implementation of the Convention which entered into force on 18 January 2017 and aims at implementing the amendments of 2014. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s reference to Part 20 of the Rules for statutory certification of ships on protection at work and crew accommodation (Official Gazette No. 54/15) as the main legislation implementing this Regulation. It also notes that Part 20 of the Rules provides for the possibility for the competent authority to grant exemptions pursuant to Standard A3.1, paragraphs 9(a), (m), 10(a), 15 and 19 of the Convention (sections 3.3.2, 3.3.11, 3.4.3, 3.11.1, 3.1.3). However, these sections do not provide for the previous consultation with the shipowners’ and seafarers’ organizations concerned, which is required under Standard A3.1, paragraphs 9(a), (m), 10(a), 15 and 19. The Committee requests the Government to provide information on how previous consultation with the concerned social partners is ensured for the granting of exemptions under Standard A3.1, paragraphs 9(a), (m), 10(a), 15 and 19. It also requests the Government to provide information on the implementation of Standard A3.1, paragraph 3 (inspections on accommodation), as well as of paragraph 11(b), (d) and (f) (requirements for sanitary facilities).

Regulation 3.2 and the Code. Food and catering. The Committee notes that with regard to the implementation of Regulation 3.2, paragraphs 1 and 2 and Standard A3.2, paragraph 1 (food and drinking water), the Government refers to the CBA, which has a limited scope of application. The Committee recalls that Standard A3.2, paragraph 1, requires that Members adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly their flag. Standard A3.2, paragraph 2, provides for minimum standards, inter alia, with respect to food and drinking water supplies. The Committee requests the Government to provide information on how it gives effect to these requirements of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 3 and 4. Ships’ cooks. The Committee notes that, under section 38 of the “Ordinance on ranks and certification of seafarers” (Official Gazette No. 130/13), as amended, a certificate of competence as ship’s cook may be also issued to a person who, as an alternative to completing secondary education in catering for the profession of cook, has completed elementary education, has approved seagoing service of not less than 36 months as steward, and holds a certificate of proficiency – basic safety and meets the standards of medical fitness. The Committee recalls that only ships operating with a manning of less than ten are not required to have on board a fully qualified cook (Standard A3.2, paragraph 5). The Committee requests the Government to ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position, as required by Standard A3.2, paragraph 3.

Regulation 4.1 and the Code. Medical care. The Committee notes that the Government provides insufficient information on the implementation of this Regulation. The Committee requests the Government to indicate how it ensures that seafarers have, free of charge, the right to prompt and adequate medical care while working on board as well as to visit a qualified medical doctor or dentist without delay in ports of call, where practicable, as comparable as possible to workers ashore (Regulation 4.1 and Standard A4.1, paragraph 1). The Committee also requests the Government to provide information on the implementation of Standard A4.1, paragraph 4(c) (seafarer competent to provide medical first aid). In relation to Standard A4.1, paragraph 4(d), the Committee requests the Government to indicate whether the existing system of satellite or radio to provide medical advice is available free of charge, 24 hours a day to all ships, and to provide reference to relevant legal texts.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that, under section 145(5) of the Maritime Code, any damages caused by physical injury or death of a crew member or due to health impairment which a crew member suffers while working or in relation to his employment on board shall be the responsibility of the ship operator unless the latter provides evidence that damages have occurred through no fault of his. The Government also refers to relevant provisions of the national CBA. The Committee recalls that Regulation 4.2 calls for the adoption of laws and regulations to implement the provisions contained in the Standards. In this regard, it observes that section 145(5) of the Maritime Code does not apply to foreign seafarers and does not fully implement Regulation 4.2. The Committee requests the Government to indicate how it implements, with respect to all seafarers covered by the Convention, all the requirements of Standard A4.2.1, paragraph 1, providing: (i) the responsibility of shipowners to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates; (ii) that shipowners are liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character; and (iii) that shipowners are liable to pay the cost of burial expenses in the case of death occurring on board or ashore during the period of engagement. The Government is also requested to provide information on any measures that shipowners or their representatives are requested to take to safeguard the personal property of sick or injured or deceased seafarers and/or to return it to them or their next of kin (Standard A4.2.1, paragraph 7).

Regulation 4.2 and Standard A4.2.1, paragraph 5. Exclusion of liability of the shipowner. The Committee notes that section 145(5) of the Maritime Code excludes the liability of the shipowner for the consequences of health impairment, physical injury or death of a crew member while working or in relation to his employment if the shipowner provides evidence that damages have occurred through no fault of his. The Committee recalls that Standard A4.2.1, paragraph 5, provides that national laws or regulations may only exclude the shipowner from liability in respect of: (a) injury (but not illness) incurred otherwise than in the service of the ship; (b) injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer; and (c) sickness or infirmity intentionally concealed when the engagement is entered into. The Committee requests the Government to indicate how it ensures that any exclusion of the responsibility of the shipowner is limited to the cases listed in Standard A4.2.1, paragraph 5.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, it takes note of the adoption of Regulation 122/2016 on the implementation of the MLC, 2006, which entered into force on 18 January 2017 and aims at implementing the amendments of 2014. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Legislation and other measures to protect health and safety of seafarers on board. The Committee notes that, with regard to the implementation of this Regulation, the Government refers to provisions of the CBA. It also notes that Part 20 of the Rules for statutory certification of ships contains provisions on occupational safety and health (noise, vibrations, materials, hygiene, and so forth), and that the Occupational Safety and Health Act of 5 June 2014 appears to cover seafarers. The Committee further notes that the example of Part II of the Declaration of Maritime Labour Compliance provided by the Government refers to the Shipboard Occupational Safety and Health (OSH) Programme (referred to as the company OSH policy), and to on-board training programmes. The Committee requests the Government to indicate how it ensures that laws and regulations and other measures on health and safety protection and accident prevention on board ships that fly its flag: (i) cover all seafarers protected by the Convention (see under Article II); (ii) include the subjects listed in Standard A4.3, paragraph 1; and (iii) take into account relevant international instruments and clearly specify the obligations of seafarers, shipowners and others concerned, with special attention to safety and health of seafarers under 18 years (Standard 4.3, paragraph 2).

Regulation 4.3, paragraph 2 and the Code. National guidelines. The Committee notes that the Government has not provided information on the development, after consultation with representative shipowners’ and seafarers’ organizations, of national guidelines for the management of occupational safety and health, to protect seafarers that live, work and train on board ships flying its flag (Regulation 4.3, paragraph 2). The Committee requests the Government to provide information in this regard.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Safety committee. The Committee notes the Government’s reference to the CBA, which has a limited scope of application, on the issue of safety committees. The Committee recalls that Standard A4.3, paragraphs 1 and 2, calls for the adoption of laws and regulations and other measures to implement their requirements. The Committee requests the Government to indicate how it gives effect to Standard A4.3, paragraph 2(d) (ship’s safety committee on board a ship with at least five seafarers) with respect to all ships covered by the Convention.

Regulation 4.5 and the Code. Social security. Protection of residents working on ships flying a foreign flag. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: medical care; sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit; and survivors’ benefit. It notes that, under section 129 of the Maritime Code, as amended, all crew members in international navigation, regardless of the ship’s nationality, who have a permanent residence in Croatia, shall be insured persons with a compulsory pension scheme, a compulsory medical insurance and an occupational safety and health insurance. Section 129a also refers to social security benefits of crew members engaged in national navigation. In this regard, the Government clarifies that seafarers engaged in international voyages shall pay social contribution according to special decision of Ministry of Sea, Transport and Infrastructure under section 129(9) of the Maritime Code because they are mostly employed by foreign companies and there is no mechanism to force foreign employer to pay social contribution in Croatia, whereas for seafarers engaged in national voyages the employer pays social contributions according to their actual salary. The Committee also notes that the Government refers to the existence of various bilateral agreements on social security, but provides no information on whether and how these agreements ensure that the provisions of the Convention on social security are complied with. The Committee requests the Government to provide further information on how it is ensured that all seafarers ordinarily resident in Croatia, and, to the extent provided for in the relevant legislation, their dependants are granted social security coverage in the branches specified, which is no less favourable than that enjoyed by shoreworkers resident in Croatia. It further requests the Government to provide detailed information on the benefits afforded to seafarers in each of the branches specified.

With regard to the difference between seafarers engaged in national and international navigation as to the payment of social security contributions, the Committee encourages the Government to explore mechanisms to ensure that the employer’s social security contributions for seafarers engaged in international navigation are paid by the shipowner. Noting the information on bilateral agreements on social security with various countries, the Committee requests the Government to specify whether any of these agreements cover this matter and to provide further information on social security coverage of seafarers under these agreements.

Regulation 5.1.3 and the Code. Invalidity and withdrawal of the maritime labour certificate. The Committee notes the Government’s reference to Item 4.4.7.2 of the statutory certification in accordance with the MLC, 2006 – Procedure QP7.5.1-17 on the invalidation and withdrawal of the MLC, 2006, certificate. The Committee observes that this Procedure does not differentiate between the case of invalidity (Standard A5.1.3, paragraph 14) and the case of withdrawal of the certificate (Standard A5.1.3, paragraph 16), the circumstances of which are different. The Committee requests the Government to indicate how it ensures compliance with these provisions of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7(c). Grounds for detention of a ship. The Committee notes that, with regard to the possible detention of ships during flag State inspections, the Government refers to section 171(1) and (2) of the Maritime Code, as amended, as well as to section 47 and Appendix XXV of the Ordinance on Ship Inspection (Official Gazette No. 39/11), as amended. The Committee notes that none of these provisions appear to provide that flag State inspectors shall be empowered, where they have grounds to believe that deficiencies constitute a serious breach of the Convention (including seafarers’ rights), to prohibit a ship from leaving the port. The Committee requests the Government to provide information on how Standard A5.1.4, paragraph 7(c), of the Convention is implemented, including reference to any relevant guidelines for flag State inspectors.

Regulation 5.1.5 and the Code. On-board complaints. The Committee notes the provisions of the Maritime Code on on-board complaint procedures (section 133a) and the related sanctions. The Committee requests the Government to provide information on the legal provisions or principles under which victimization of seafarers for filing a complaint is prohibited and penalized.

Regulation 5.1.6. Marine casualties. The Committee notes that the “Regulation on the manner and conditions for performing safety investigation of maritime accidents and incidents” (Official Gazette No. 122/15) provides that an investigation shall be carried out only in cases of very serious marine accidents, while investigation is optional in other cases of accidents. It observes, however, that very serious marine accidents are only those which may imply the death, total loss of the ship or serious pollution. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee requests the Government to indicate how it gives full effect to this provision of the Convention.

[The Government is asked to reply in full to the present comments in 2019.] -- Following the modifications to the reporting cycle adopted by Governing Body, the CEACR decided to postpone this request to 2020.