Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention du travail maritime, 2006 (MLC, 2006) - Lettonie (Ratification: 2011)

Autre commentaire sur C186

Demande directe

2022
2019
2014

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference, in 2018 entered into force for Latvia on 26 December 2020.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Latvia during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article II, paragraphs 1(f) and 2. Definition and scope of application. Seafarers. The Committee requested the Government to indicate how a distinction was drawn between persons who provide passenger entertainment-related services for short periods on board (defining such periods) and those who work on board on a more permanent basis, the latter being considered as seafarers for the purposes of the Convention. The Committee notes the Government indication that, although persons who provide passenger entertainment-related services are excluded from the definition of “seafarer”, section 272(2)(4)(b) of the Maritime Code provides that essential rights provided for in the MLC, 2006 with respect to minimum age, work and recreational facilities, hours of work and hours of rest, shore leave, the liability of shipowner for health protection and medical treatment, the right to submit a complaint, complaint handling procedure on board ship, and repatriation, apply to these persons. The Government also indicates that the aspects of employment of these persons not covered by the Maritime Code are regulated by the Labour Law applicable to shore-based employees which provides protection comparable to that provided for under the MLC, 2006. The Committee further notes that section 273 of the Maritime Code stipulates that in case of doubt regarding Article II (3), (5) and (6) of the MLC, 2006, such issues shall be examined, and decisions shall be taken by the Maritime Administration of Latvia after consultations with the representatives of shipowners and of the trade union. The Committee further notes the Government’s indication that there are no MLC, 2006 passenger ships under Latvian flag where the voyage takes more than 48 hours and therefore passenger entertainment-related services on such ships are temporary work (up to 48 hours). The Committee takes note of this information.

Article II, paragraph 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that section 272(2)(2)(b) of the Maritime Code provides that the MLC, 2006 shall not apply to “ships intended for navigation exclusively in coastal or inland waters or for navigation in port waters”. The Committee recalls that while ships navigating “exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply” are excluded by the scope of the Convention (Article II, paragraph 1(i)), the latter applies to ships navigating in coastal waters. The Committee accordingly requests the Government to provide detailed information on the definition of “coastal waters” and, if applicable, to indicate the measures taken to ensure 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, paragraph 4. Minimum age. Hazardous work. The Committee notes that section 284(3) of the Maritime Code provides that "[s]eafarers under the age of 18 years are prohibited from being employed in works which may endanger their health or safety. These types of work, and also their exceptions, shall be determined in accordance with the laws and regulations regarding employment of adolescents”. The Committee observes that Cabinet Regulation No. 206, adopted on 28 May 2002, entitled “Regulations regarding Work in which Employment of Adolescents is prohibited and Exceptions when Employment in such Work is Permitted in Connection with Vocational Training of the Adolescent” contains a comprehensive list of types of hazardous work prohibited for adolescents and a list of work environment risk factors for which it is prohibited for adolescents to be subjected. The Committee notes, however, that this list does not include hazardous types of work in the maritime sector. The Committee further observes that paragraph 3 of this Cabinet Regulation provides that “[e]mployment of the adolescents in work referred to in these Regulations is permissible only in exceptional cases if it is related to vocational training of the adolescent, the work is performed in direct presence of the supervisor of the work or a trusted representative, and compliance with regulatory enactments related to labour protection has been ensured”. The Committee recalls that Standard A1.1, paragraph 4, does not allow for any exception to the prohibition of hazardous work for persons under 18 years of age. The Committee accordingly requests the Government, after consultation with the shipowners’ and seafarers’ organizations concerned, to adopt the list of types of work considered hazardous as required by Standard A1.1, paragraph 4 for which the employment, engagement or work of seafarers under the age of 18 is prohibited, taking into account the specific conditions of work and risks on board ships for young seafarers, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. 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. It notes with interestthat the amendments made to section 304 of the Maritime Code which came into force on 6 December 2017 give effect to the requirements of Standard A2.5.2. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 2. Accommodation and recreational facilities. Implementation. The Committee notes that, in response to its previous request, the Government states that compliance with the requirements which do not relate to ship construction and equipment for ships constructed before the date when the MLC, 2006 came into force in Latvia, are ensured by direct application of Article 15, paragraph 3, Article 12, paragraph 2 and Article 17 of the Accommodation of Crews Convention (Revised), 1949 (No. 92) and Article 7 of the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Government further indicates that section 30 of the Maritime Administration and Marine Safety Law states that shipowners shall ensure that the work and recreation rooms of the crew of Latvian ships comply with the requirements of Conventions of the International Labour Organization and other international laws and regulations and that the premises of the crew should be inspected periodically with the results recorded in the ship's logbook. The Government indicates that reference to Cabinet Regulation No. 18 of 14 January 2014, entitled “Regulations on the applicable requirements of Maritime Labour Convention regarding accommodation and recreational facilities on board and compliance conditions” (hereinafter, Cabinet Regulation No. 18) is included in the DMLC Part I as requested by the Committee and that relevant amendments to Cabinet Regulation No. 18 will be reconsidered in future to also include requirements for ships constructed before the MLC, 2006 entered into force. The Committee takes note of this information and requests the Government to keep it informed on any development in this regard.

Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital. The Committee notes that, while Cabinet Regulation No. 18 does not have a tonnage limit above which requirements concerning hospital accommodation apply, Cabinet Regulation No. 44 adopted on 18 January 2022 “ Regulations with respect to Safety and Health Protection Requirements and Medical Treatment on board Vessels” (hereinafter, Cabinet Regulation No. 44), to which the Government refers, prescribes that a vessel with gross tonnage exceeding 500 and with a crew of 15 or more persons which is engaged on a voyage of more than three days, shall have a separate room (hospital) in which medical treatment can be provided using appropriate materials and with hygienic conditions. Recalling that the requirements concerning hospital accommodation under Standard A3.1, paragraph 12, apply to all ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum standards. The Committee notes that, in response to its previous request, the Government states that, compliance withthe requirement that seafarers are provided food and drinking water of appropriate nutritional value as well as quality and quantity is ensured through Cabinet Regulation No. 1050, adopted on 16 November 2010, entitled “Procedures for the Implementation of Public Health Measures”. Paragraph 11 of Cabinet Regulation No. 1050 provides that the Health Inspectorate carries out inspections of ships and issues Ship Sanitation Control Certificates. The Government further indicates that paragraph 26 of Cabinet Regulation No. 44 states that the Health Inspectorate can participate in flag state inspections of the Maritime administration of Latvia and carry out ship sanitation control or investigation of possible unconformities. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Qualified medical doctor on board. The Committee notes that, under paragraph 11 of Cabinet Regulation No. 44, if there are 100 crew members or more on board and the vessel is engaged in international voyages for more than 72 hours, there should be a certified physician on bord a ship responsible for the medical care of the crew members of the ship. The Committee recalls that Standard A4.1, paragraph 4(b), provides for the obligation of having a qualified medical doctor for “ships carrying 100 or more persons …”. The general expression “persons” does not only include seafarers but may include other persons on board not in the quality of seafarers, such as passengers. The Committee requests the Government to indicate the measures taken to bring its legislation into conformity with this provision of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. 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, the Committee notes with interest that the Government refers to the amendments made to section 298 of the Maritime Code which came into force on 6 December 2017, which comply with the new provisions of the Convention. The Committee takes note of this information.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, in response to its previous request, the Government states that Cabinet Regulation No. 359 has ceased to be valid with the issuance of a new Cabinet Regulation No. 44, which came into force on 21 January 2022. The Committee observes that this new Cabinet Regulation establishes minimum labour protection requirements on board vessels under section VI and refers to requirements of Standard A4.3 of the MLC, 2006. The Committee notes the Government’s indication that during the revision of Cabinet Regulation No. 359, there were discussions as to whether it was necessary to include the regulation on the ship’s safety committee and it was considered that Standard A4.3, paragraph 2(d) is applicable directly in Latvia, in addition to the employees’ right to elect representatives on labour protection issues as prescribed by section 20 of the Labour Protection Law. The Committee further notes the Government’s indication that the enforcement of Standard A4.3, paragraph 2(d) in respect of establishing of ship’s safety committee is also controlled by the flag State inspection and that there are safety committees established on all Latvian ships. The Committee notes the examples of approved DMLC, Part II, provided by the Government which refer to the establishment of a safety committee. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1 and the Code. Flag State responsibilities. Noting that no information has been provided with respect to the national provisions giving effect to the detailed requirements of Standards A5.1.1, A5.1.3 and A5.1.4, the Committee requested the Government to indicate how it gives effect to these provisions of the Convention. The Committee notes the Government’s indication that reference to the MLC, 2006, in Paragraph 3.6 of Cabinet Regulation No. 439 adopted on 7 June 2011, entitled “Regulations Regarding the Implementation of Flag State Supervision of Ships” means that all provisions on inspection and certification contained in Cabinet Regulation No. 439 applies also to the inspection and certification in respect to the MLC, 2006. The Government further indicates that specific provisions of the MLC, 2006 on flag State responsibilities are applied directly. The Committee also notes that the Government indicates that there is a Quality Management System procedure of the Maritime Administration of Latvia for issuing MLC certificates on Latvian flagged ships, as well as instruction and control lists for flag State inspectors of the Maritime Administration of Latvia. Flag State supervisions over almost all Latvian ships to which the MLC, 2006 applies, are delegated to the classification societies (recognized organizations), whose work is supervised by the Maritime Administration of Latvia, in accordance with the agreement concluded between the Maritime Administration of Latvia and every recognized organization, and with national and international laws. The Committee takes note of this information.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. Noting that the DMLC, Part I does not provide concise information on the main content of the national requirements, the Committee requested the Government to review it to fully implement Standard A5.1.3, paragraph 10. The Committee notes the Government’s indication that it plans to review the DMLC, Part I to make it more understandable for everyone. The Committee accordingly requests the Government to take the necessary measures to give full effect to this requirement of the Convention.