Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Angola (Ratification: 1976)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(c). Imposition of compulsory labour as a means of labour discipline. For many years, the Committee has been requesting the Government to amend or repeal sections 132 and 137 of the Merchant Shipping Penal and Disciplinary Code which are contrary to the Convention as they permit the imposition of prison sentences (involving compulsory labour by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981) for certain breaches of labour discipline which do not endanger the safety of the vessel or the life or health of persons on board. The Committee noted previously that the Act on Merchant Shipping of 2012 (Act No. 27/12) does not regulate the conditions of work of seafarers (section 57), which are to be covered by specific legislation.

The Committee notes the Government’s indication that the Merchant Shipping Penal and Disciplinary Code dates from the colonial era and is no longer considered to be in force in the national legal system. The Government specifies that, under section 25 of the General Labour Act (Act No. 17/15), the contract of employment on board vessels is a special type of employment contract which therefore has to be regulated by specific legislation (section 25). As such specific regulations have not been adopted, the provisions of the General Labour Act are applicable. Under these conditions, the penalties applicable in cases of breaches of labour discipline for workers covered by contracts of employment on board vessels are the disciplinary measures set out in section 47 of the General Labour Act, namely: a verbal warning, a written warning, a reduction in pay and disciplinary termination. The Committee takes due note of this information and requests the Government to indicate whether specific regulations on employment contracts and conditions of work on board vessels have been adopted and, if so, to provide a copy.