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

Convention du travail maritime, 2006 (MLC, 2006) - Albanie (Ratification: 2016)

Autre commentaire sur C186

Observation

Demande directe

2023
2022

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The Committee notes that Albania has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 and in 2016 by the International Labour Conference and is therefore not bound by these amendments. The 2018 amendments are deemed to have been accepted and have entered into force for Albania on 26 December 2020. 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.

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 Albania 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.

Noting that no information is available to the Committee on the application of the following provisions of the Convention, the Committee requests the Government to provide detailed information on the implementation of the following matters, based on the questions in the report form:

–The competent authority having power to issue and enforce regulations in respect of subject matters covered by the Convention (Article II, paragraph 1(a));
–the shipowners’ and seafarers’ organizations that the competent authority consult on matters relating to the implementation of the Convention (Article VII);
–the definition of “seafarer” under the legislation implementing the Convention, specifying whether cases of doubt have arisen as to if any categories of persons are to be regarded as seafarers (Article II, paragraphs 1(f), 2 and 3);
–the definition of “ship” under national law and whether cases of doubt have arisen as to if a vessel or a particular category of vessels are to be regarded as ships covered by the Convention; in the case of ships under 200 GT not engaged in international voyages, information on measures to apply differently certain details of the Code (Article II, paragraphs 1(i), 4, 5 and 6);
–provisions of legislation or other measures which prohibit the violation of the requirements of the Convention and establish sanctions or require the adoption of corrective measures to discourage such violations (Article V, paragraph 6);
–the implementation of: Regulation 1.4 and the Code(recruitment and placement); Standard A2.1 (seafarers’ employment agreements); Standard A2.2 (Wages); Regulation 2.4, paragraph 2 (shore leave); Regulation 2.5, Standard A2.5 and Guideline B2.5 (repatriation); Regulation 2.6 and the Code (seafarer compensation for the ship’s loss or foundering); Regulation 2.7 and the Code (manning levels); Regulation 2.8 and the Code(career and skill development and opportunities for seafarers’ employment); Regulation 3.1 and Standard A3.1 (accommodation and recreational facilities); Regulation 3.2 and the Code (food and catering); Regulation 4.2 and Standard A4.2 (shipowner’s liability); Regulation 5.1 (Regulations 5.1.1, 5.1.2, 5.1.3) and the Code (flag State responsibilities).

Regulation 1.1 and Standard A1.1, paragraph 1, of the Convention. Minimum age. The Committee notes that under section 98 of the Labour Code the employment of children under 16 years of age is prohibited, but children from 15 to 16 years of age may be employed during school vacations in easy jobs and in connection with instructive vocational and training programmes adopted by the responsible institutions. Noting that this provision allows for exceptions to the minimum age, the Committee requests the Government to adopt the necessary measures to ensure that no person below 16 years is employed or engaged or works on a ship, as required by the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that section 101 prohibits employees under 18 years to carry out night work, which is defined by section 80 as work carried out from 22:00 to 6:00 o'clock in the morning. The Committee recalls that Standard A1.1, paragraph 2 requires that night work prohibited to seafarers under 18 shall cover a period of at least 9 hours, and that an exception to the strict compliance with the night work restriction may only be made in the circumstances foreseen in Standard A1.1, paragraph 3. The Committee requests the Government to indicate how it ensures compliance with these provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that under section 100 of the Labour Code "only adults over 18 years old can be employed on difficult jobs or those that present danger to their health or personality”, and that such types of work are to be defined by a decision of the Council of Ministers. The Committee recalls that under Standard A1.1, paragraph 4, the types of hazardous work for seafarers under 18 years of age shall be determined by national legislation or by the competent authority, after consultation with the shipowners' and seafarers' organizations concerned. The Committee requests the Government to take the necessary measures to ensure compliance with Standard A1.1, paragraph 4 of the Convention and to provide information in this regard.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that the legislation giving effect to this Regulation, in particular Order No. 134 of the Minister of the Infrastructure and Energy on the approval of the regulation on the minimal level of the seafarers’ training, only applies to Albanian seafarers registered as crew members, thus not covering seafarers who are not directly involved in the navigation of the ship, such as waiters and hotel staff. The Committee requests the Government to indicate the manner in which effect is given to Regulation 1.2 and Standard A1.2 with respect to seafarers who are not members of the crew and who are not of Albanian nationality. Noting the absence of information in this respect, the Committee also requests the Government to indicate how it ensures that (i) practitioners recognized by the competent authority enjoy full professional independence in exercising their medical judgement in undertaking medical examinations (Standard A1.2, paragraph 4); and (ii) seafarers who have been refused a certificate or have had a limitation imposed on their ability to work are given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee (Standard A1.2, paragraph 5). The Committee further requests the Government to ensure that the standard wording in medical certificates complies with the requirements of Standard A1.2, paragraph 6, and to provide an example thereof.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, while Chapter VIII of the Labour Code provides for the health and safety protection of workers, no information is available as to whether national guidelines have actually been adopted in accordance with Regulation 4.3, paragraph 2 of the Convention. The Committee requests the Government to indicate the legislation and measures giving effect to paragraphs 1 and 2 of Standard A4.3. It also requests the Government to indicate whether it is a requirement to establish a safety committee on board a ship on which there are five or more seafarers. The Committee further requests the Government to provide an example of a document (for example, Part II of the declaration of maritime labour compliance (DMLC)) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8), as well as a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).

Regulation 4.4 and Standard A4.4, paragraph 3. Development of shore-based welfare facilities in appropriate ports. Welfare boards.The Committee notes the existence of a seafarer centre in Durres. The Committee requests the Government to provide information on any measures taken to encourage the establishment of welfare boards for regularly reviewing welfare facilities and services, as required by the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification and in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security for seafarers: sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. Noting that medical care is not included in the list of social security branches specified, the Committee recalls that, in order to complement the protection afforded under Regulations 4.1 and 4.2, Guideline B4.5, paragraph 1 provides that the protection to be provided at the time of ratification should at least include the branches of medical care, sickness benefit and employment injury benefit. The Committee requests the Government to provide detailed information on the branches of social security for which protection is provided for seafarers ordinarily resident in Albania, paying particular attention to the branches for which it has acquired an international obligation and giving due consideration to Guideline B4.5, paragraph 1.

[The Government is asked to reply in full to the present comments in 2023.]