Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 188) sur le travail dans la pêche, 2007 - Lituanie (Ratification: 2016)

Autre commentaire sur C188

Demande directe

2023
2019

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The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). The Committee 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 3 of the Convention. Scope of application. Exclusions. The Committee notes the Government’s information that the Convention is not applicable to fishing in inland waters. It notes in this regard that Ministerial Order No. 3-587/A1-597/V-1382 of 5 December 2017 on the “Description of procedure on the conformity of fishing vessels and their cabins for the evaluation of the international safety shipping requirements in the fishing sector, issuing of the compliance document, inspection of fishing vessels and complaints” (hereinafter, Order No. 3-587/A1-597/V-1382) is applicable to all fishing vessels flying the Lithuanian flag, except those registered at the Register of Inland Waterways Craft of Lithuania (paragraph 2). The Committee recalls that the Convention allows for the exclusion from its scope of application of fishing vessels engaged in fishing in rivers, lakes or canals “where the application of the Convention raises special problems of a substantial nature in the light of the particular conditions of service of the fishers or of the fishing vessels’ operations concerned” and “after consultation”. The Committee requests the Government to provide information on the reasons for such exclusion and on the consultations held with the representative organizations of employers and workers concerned, in particular the representative organizations of fishing vessel owners and fishers, where they exist. It also requests the Government to provide information on any measures taken to ensure equivalent protection to the excluded categories of workers.

Article 9(3) and (4). Minimum age. Prohibition of hazardous work for fishers under 18 years. The Committee notes the Government’s information that under section 84(3) of the Law on Merchant Shipping, persons under the age of 16 are not permitted to work on board. It also notes that the Description of the procedure for organizing the recruitment, work and professional training of persons under 18 years of age and the conditions for child employment, No. 518 of 28 June 2017 provides for a list of hazardous types of work/trainings which may not been undertaken by persons under 18 years. It notes that this list expressly excludes work of young persons on ships (section 22.14). The Committee recalls that under the Convention, the minimum age for assignment to activities on board fishing vessels which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, is not less than 18 years. The types of such activities shall be determined by national laws or regulations, or by the competent authority, after consultation, taking into account the risks concerned and the applicable international standards (Article 9(3) and (4)). The Committee therefore requests the Government to clarify how it ensures conformity with Article 9(3) and (4) of the Convention and to provide information on the determination of the list of types of hazardous work on board fishing vessels prohibited for young persons of less than 18 years in consultation with the social partners concerned.

Article 14(1)(a). Manning for vessels of 24 metres in length and over. The Committee notes the legislation cited by the Government with regard to minimum safety manning requirements – especially the Description for the procedure of issue of the certificate on the minimum safe manning requirements for vessels, approved by Order No. 3-301 of 4 July 2005 – which also applies to fishing vessels. The Committee requests the Government to specify the minimum level of manning, i.e. the number and qualifications of fishers, which has been established for the safe navigation of vessels of 24 metres in length and over.

Article 20. Fisher’s work agreement. Fishers not employed by the fishing vessel owner. The Committee requests the Government to confirm that where fishers are not employed or engaged by the fishing vessel owner, the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 22. Recruitment and placement of fishers. The Committee notes the Government’s information that under section 37 of the Law on Maritime Safety, private employment agencies which provide services linked to seafarers’ employment must be certified in accordance with the procedure set forth by the Minister of Transport and Communications. The same Law also establishes the key requirements for companies carrying out activities of seafarers’ recruitment. The “Description of procedure for certification of companies providing maritime safety related services”, approved by Order No. 48 of the Minister of Transport and Communications of 13 February 2001 sets out procedure for certification and supervision of certified companies. The Committee requests the Government to specify whether private employment agencies also operate with respect to fishers and, if so, to provide information on the consultations preceding the establishment of such system and on the laws, regulations or other measures implementing Article 22, paragraph 3(a) and (b) (prohibition of blacklisting and of charging fees on the fisher).

Article 22. Recruitment and placement of fishers. Private employment agencies. The Committee notes that Lithuania has ratified the Private Employment Agencies Convention, 1997 (No. 181), in 2004. The Committee requests the Government to indicate whether any responsibilities under Convention No. 188 have been allocated to private employment agencies that employ fishers with a view to making them available to fishing vessel owners, and if so, provide information: (i) on how the respective responsibilities of any such private employment agencies and of the fishing vessel owners have been determined and allocated in conformity with Article 12 of Convention No. 181 (with respect to collective bargaining, minimum wages, working time and other working conditions, social security benefits, access to training, occupational safety and health, compensation in case of occupational accidents or diseases, compensation in case of insolvency and protection of workers’ claims); and (ii) on the implementation of Article 22(5) of Convention No. 188 (liability of the fishing vessel owner in case of default of the private employment agency’s obligations).

Articles 25–27 and Annex III. Accommodation. Scope of application. The Committee notes that the Convention’s requirements on accommodation are mainly implemented by Order No. 671 of the Minister of Health of 28 December 2001 on the approval of Lithuanian Hygiene Standard HN 113:2001 “Ships. Hygiene Standards and Rules” (hereafter, Hygiene Standard HN 113:2001). It further notes that Ministerial Order No. 55/262/285 of 29 June 1999 on Approval of the General Regulations on Safe and Healthy Working Conditions on Fishing Vessels (hereafter, Order No. 55/262/285) contains some provisions related to accommodation. The Committee notes that section 5.2 of Order No. 55/262/285 defines “new fishing vessels” and “existing fishing vessels” in relation to the date of construction and the length of vessels. The Committee further notes that Hygiene Standard HN 113:2001 divides fishing vessels into four categories, based on the area of navigation, length of the ship and number of “crew”. For example, the “lower” category (Category IV) is composed of ships navigating in a defined area of less than 100 miles from the coast, with a length of between 12 and 24 metres and a crew of no more than 15 persons. The Committee observes that, as a result, small vessels are not covered by the requirements of Hygiene Standard HN 113:2001, including by some basic requirements such as occupational safety and health protection, sanitary facilities and food and potable water. The Committee draws the Government’s attention to the fact that the provisions of the Convention on accommodation apply to all new decked fishing vessels, defined under Annex III, paragraph 1, regardless of their length (higher requirements are provided for vessels of over 24 metres and may be extended to vessels between 15 and 24 metres), subject to any exclusions in accordance with Article 3 (Annex III, paragraph 2). The Committee requests the Government to take the necessary measures to ensure that the requirements of Articles 25–27 and Annex III are applied to all new decked fishing vessels as defined by the Convention.

Articles 25, 26 and Annex III, paragraphs 9–12. Accommodation. Planning and control. The Committee requests the Government to provide more detailed information on how it complies with the requirements related to planning and control (paragraphs 9–12).

Articles 25, 26 and Annex III, paragraph 62. Accommodation. Tubs or showers, toilets and washbasins. The Committee notes that under Hygiene Standard HN 113:2001, on board fishing vessels for crew members living in cabins without individual sanitary installations, general use hygiene rooms (one sink, one lavatory pan, one shower) should be arranged for every eight persons. The Committee recalls that under paragraph 62 of Annex III, the competent authority may, after consultation, decide that there shall be provided at least one tub or shower or both and one washbasin for every six persons or fewer, and at least one toilet for every eight persons or fewer, where the competent authority is satisfied that this is reasonable and will not result in discomfort to the fishers. The Committee requests the Government to indicate the measures taken to ensure full compliance with this provision and to provide information on the consultations carried out in this regard.

Article 29(b). Medical care. Fisher qualified or trained in first aid and medical care. The Committee notes the Government’s reference to the minimum requirements for medical aid on board of ships approved by Order No. V 656/3 358/A1-226 of the Minister of Health, Minister of Social Security and Labour and Minister of Transport and Communications, providing that ships, which are not required to have a doctor according to paragraph 8 of the requirements or do not have a doctor, must have a staff member appointed by the master of the ship responsible for providing first aid and in case the ship belongs to category A or B this staff member is also responsible for healthcare. The Committee recalls that Article 29(b), requires that fishing vessels – regardless of any category – have at least one fisher on board who is qualified or trained in first aid and other forms of medical care and who has the necessary knowledge to use the medical equipment and supplies for the vessel concerned, taking into account the number of fishers on board, the area of operation and the length of the voyage. The Committee requests the Government to indicate how it ensures that this requirement is implemented on board fishing vessels covered by the Convention.

Article 31. Occupational safety and health and accident prevention. The Committee notes that the scope of Order No. 55/262/285, which contains miscellaneous provisions on safety and health on board, appears to be limited to “new” and “existing” fishing vessels defined by the Order, thereby excluding fishing vessels of less than 15 metres (see also under Articles 25 and 26). The Committee also notes that Order No. 3-461 of the Minister of Transport and Communications on the classification and investigation of maritime casualties excludes fishing vessels of less than 15 metres from its scope of application. Recalling that the requirements on occupational safety and health apply to all ships covered by the Convention, the Committee requests the Government to indicate the measures taken to ensure full conformity with the Convention in this regard.

Article 31(e). Occupational safety and health and accident prevention. Joint committees on occupational safety and health. The Committee notes the Government’s reference to the requirement of section 13, part 2, of the Law on Safety and Health at Work for the establishment of an occupational health and safety committee on board ships, which however excludes fishing vessels from its scope. The Committee requests the Government to indicate the measures taken to apply the requirement of setting up joint committees on occupational safety and health on board fishing vessels covered by the Convention.

Article 32(2)(a). Occupational safety and health and accident prevention. Requirements for fishing vessels of 24 metres and over normally remaining at sea for more than three days. On-board procedures for the prevention of occupational accidents, injuries and diseases. The Committee notes that the applicable legislation does not provide for separate occupational health and safety requirements for ships of over 24 metres. It notes that, with regard to the establishment of on-board procedures for the prevention of occupational accidents and diseases, the Government refers to general legislation (Law on Safety and Health at Work) and to Order No. 216 of the Minister of Transport and Communications of 29 June 2001 “On the approval of General rules on the occupational safety on board”. The Committee notes that the mentioned legislation does not appear to give application to the requirement provided under Article 32(2)(a) of the Convention. The Committee requests the Government to provide information on how it gives effect to the requirement of Article 32(2)(a) that fishing vessel owners, in accordance with national laws, regulations, collective bargaining agreements and practice, establish on-board procedures for the prevention of occupational accidents, injuries and diseases, taking into account the specific hazards and risks on the fishing vessel concerned.

Article 32(3)(b). Occupational safety and health and accident prevention. Requirements for fishing vessels of 24 metres and over normally remaining at sea for more than three days. Basic safety training. The Committee requests the Government to provide information on how it complies with the requirement that fishing vessel owners shall ensure that every fisher on board has received basic safety training approved by the competent authority.

Article 34. Social security. The Committee notes the Government’s information that fishers, as other persons working under employment contracts, are covered by the types of social insurance stipulated in the legislation on state social insurance, that is: (i) the pension social insurance, where the insured person receives the general (universal) and/or the individual parts of a pension, as provided for in the Law on Social Insurance Pensions; (ii) the sickness and maternity social insurance, where the insured person receives the sickness, maternity, paternity, childcare and vocational rehabilitation benefits provided for in the Law on Sickness and Maternity Social Insurance; (iii) the unemployment social insurance, where the insured person receives the benefits provided for in the Law on Unemployment Social Insurance; (iv) the social insurance of occupational accidents and occupational diseases, where the insured person receives the benefits provided for in the Law on Social Insurance of Occupational Accidents and Occupational Diseases; and (v) the health insurance, where the insured person benefits from the healthcare services and the compensations provided for in the Law on Health Insurance. The Government also indicates that self-employed persons benefit from the social security coverage in relation to pensions, sickness and maternity social insurance. The Committee notes that the majority of the benefits provided under the above schemes are not linked to residence in Lithuania but to the existence of an employment contract in Lithuania. At the same time, the Committee notes the Government’s reference to the direct application of European Regulations on the Coordination of Social Security Systems (Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended), which ensure that citizens making use of their right to free movement will benefit from the social security system of one member State. The Government also mentions the conclusion of bilateral social security agreements with Belarus, Ukraine, Russia, the United States, Canada and Moldova. The Committee requests the Government to provide information on whether and how the above-mentioned bilateral agreements cover fishers who reside in Lithuania and work on foreign-flagged vessels or foreign fishers that work on Lithuanian-flagged vessels, and ensure the maintenance of social security rights acquired, or in the course of being acquired. The Committee further requests the Government to provide information on the social security coverage for fishers who are ordinarily resident in Lithuania but work on foreign-flagged fishing vessels outside the EU area and outside the countries with which bilateral social security agreements were concluded.

Articles 40 and 41. Flag State responsibilities. Compliance and enforcement. The Committee notes the Government’s information that under sections 3 and 4 of Order No. 3 587/A1 597/V-1382 fishing vessels remaining at sea for more than three days and which are 24 metres in length and over or which normally navigate at a distance exceeding 200 nautical miles from the coastline of Lithuania, shall carry a valid document issued by the Lithuanian Transport Safety Administration stating that the vessel has been inspected by the Administration or authorized ships’ classification societies for compliance with the provisions of Convention No. 188 and national legal acts concerning living and working conditions. The Committee notes that the same Order also regulates the system of inspections for fishing vessels, which are not obliged to carry a compliance document. The Committee requests the Government to supply an example of a compliance document issued by the competent authority pursuant to Order No. 3-587/A1-597/V-1382, together with the inspection report on which it is based. It also requests the Government to provide any relevant information on the practical application of the Order.