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Maritime Labour Convention, 2006 (MLC, 2006) - China (RATIFICATION: 2015)

Other comments on C186

Direct Request
  1. 2021
  2. 2018

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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 China has previously ratified four maritime labour Conventions, which have been denounced as a consequence of the entry into force of the MLC, 2006, for the country. The Committee notes that China has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept the 2014 amendments. 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 I of the Convention. General questions of application. Collective agreements. The Committee notes that the copy of the collective agreement applicable to Chinese seafarers supplied by the Government is no longer in force. The Committee requests the Government to indicate the collective agreements which are currently in force for seafarers covered by the Convention and to supply a copy thereof.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication that the Announcement of the Ministry of Transport and the Ministry of Human Resources and Social Security on the Implementation of the Maritime Labour Convention, 2006 (hereinafter the Announcement on implementation of the MLC, 2006) provides that the Convention applies to Chinese international sailing ships and domestic coastal navigation ships and to the “crew” working on these ships. The Committee also notes that the definition of “seafarer” contained in section 4 of the Regulations of the People’s Republic of China on Seafarers (hereinafter, Regulations on seafarers) refers to a person who has obtained the seafarer’s identity document (SID), including the master, officer and rating. It notes that it is not clear whether these definitions encompass seafarers in charge of general and complementary services not directly related to navigation, such as those in charge of hotel and catering services on board cruise ships. 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”. This definition encompasses not only crew members sensu stricto, but also other persons working in any capacity on board ships, such as catering and hotel staff. The Committee requests the Government to indicate how it ensures that the legislation and other measures implementing the Convention cover every seafarer as defined under Article II, paragraph 1(f), of the Convention, including seafarers in charge of general and complementary services not directly related to navigation.
Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. National navigation. The Committee notes that the Regulations of the People’s Republic of China on the Working and Living Conditions of Seafarers (hereinafter, Regulations on seafarers’ conditions) – which contain provisions implementing the Convention, only apply to seafarers working on board Chinese-flagged ships engaged in international navigation (section 2). The Committee recalls that the Convention also applies to ships engaged in national navigation and to seafarers working on those ships. The Committee requests the Government to indicate how it implements Regulations 1.1 (minimum age), 1.4 (recruitment and placement), 2.1 (seafarers’ employment agreements), 2.2 (wages), 2.3 (hours of work and hours of rest), 2.4 (entitlement to leave), 2.5 (repatriation), 3.2 (food and catering), 4.1 (medical care aboard and ashore), 4.3 (health and safety protection and accident prevention) and 5.1.5 (on-board complaint procedures) and the respective provisions of the Code with regard to seafarers working on ships engaged in national navigation, and to provide the applicable national texts.
Official ships. The Committee notes the Government’s indication that the Announcement on implementation of the MLC, 2006, excludes military ships, official ships, fishing vessels, sports boats, as well as ships navigating in port areas, inland rivers and sheltered waters from the scope of application of the Convention. Recalling that Article II, paragraphs 1(i) and 4, of the MLC, 2006, define the scope of application of the Convention with regard to ships, the Committee requests the Government to clarify the term “official ships”.
Inland and sheltered waters. The Committee notes that the Government refers, in the context of the application of Regulation 3.1, to section 7.1.1 of the Domestic Navigational Ship Inspection Technical Regulations, which provides that the provisions of Part B of the same Regulations apply to ships engaged in commercial activities and built after 12 November 2016, but are not applicable, inter alia, to ships operating in port areas or in covered waters or other “waters with similar characteristics”. The Committee recalls that under Article II, paragraph 1(i), of the Convention, “ship” means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. In light of this provision, the Committee requests the Government to specify the meaning of “waters with similar characteristics”.
Article III. Fundamental rights and principles. The Committee notes that the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), have not been ratified by China. In accordance with its approach followed when a country has not ratified some or all of the ILO fundamental Conventions and thereby is not subject to supervision in respect of these fundamental Conventions, the Committee expects to receive concrete information on how the country or territory has satisfied itself that its laws and regulations respect, in the context of the MLC, 2006, the fundamental rights referred to in Article III. The Committee notes the Government’s reference to the legislation regulating freedom of association and the right to collective bargaining, which includes the Constitution, the Labour Law of the People’s Republic of China, Trade Union Law of the People’s Republic of China and the Regulations for Collective Contracts. The Committee further notes the Government’s indication that since 1995, the trade unions of Chinese shipping companies have started to sign collective agreements under the guidance of the All China Federation of Trade Unions. It also provides information on collective agreements covering Chinese seafarers. The Committee requests the Government to provide information on the national provisions ensuring the right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes, without interference of the public authorities which would restrict this right or impede the lawful exercise thereof (Article 3 of Convention No. 87). It also requests the Government to provide information on how it is ensured that workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment (Article 1 of Convention No. 98).
Regulation 1.1 and Standard A1.1, paragraphs 2–4. Night work and hazardous work for cadets. The Committee notes the Government’s information that section 5 of the Regulations on seafarers, which applies to seafarers working on board ships engaged in national and international navigation, stipulates that the minimum age for applying for a seafarer’s registration is 18 years and16 years for internship and training on board. The Committee further notes that Chapter IX of the Regulations on seafarers’ conditions (sections 48–52), which only applies to seafarers working on board ships engaged in international navigation, contains provisions on working time, including night work, of trainees and their protection from hazardous work. The Committee recalls that cadets are to be regarded as seafarers for the purpose of the Convention. Referring to its comments under Article II, paragraphs 1(f) and 2, the Committee requests the Government to indicate the legislation and other measures implementing Standard A1.1, paragraphs 2–4, and Guideline B2.3.1 with regard to trainees working on board Chinese ships engaged in national navigation.
Regulation 1.4 and Standard A1.4. Recruitment and placement. The Committee notes the Government’s comprehensive information on the legislation implementing this Regulation. It notes that section 43 of the Regulations on seafarers’ conditions provides that crew service agencies may not charge seafarers for providing employment opportunities, nor may they require them to provide guarantees, except for seafarers who obtain health certificates, passports or other travel documents and other fees required by national legislation. Recalling that Standard A1.4, paragraph 5(b), of the Convention provides for an exhaustive list of exceptions in which it is allowed to charge fees to the seafarer, the Committee requests the Government to provide details on the scope of “other fees” referred to in section 43 of the Regulations on seafarers’ conditions.
Regulation 2.1 and the Code. Seafarers’ employment agreements (SEAs). The Committee notes that sections 48–52 of the Regulations on seafarers’ conditions, which only apply to seafarers working on board ships engaged in international navigation, regulate various requirements related to SEAs. Referring to its comments under Article II, paragraphs 1(f) and 2, the Committee requests the Government to indicate the legislation and other measures implementing Regulation 2.1 and the Code with respect to all seafarers covered by the Convention.
Regulation 2.1 and Standard A2.1, paragraph 1(b). SEAs. Examination and advice before signing. The Committee notes the Government’s reference to the collective agreement of Chinese seafarers, according to which the text of the labour contract should be formulated on the basis of fully listening to the opinions of the union and the seafarers, and handed over to the seafarer in advance to ensure that the seafarer has sufficient time for consultation and research. While noting these references, the Committee recalls that Standard A2.1, paragraph 1(b), of the Convention calls for the adoption of laws and regulations to implement the requirement to examine and seek advice on the agreement before signing. The Committee requests the Government to indicate the legislative measures adopted to implement Standard A2.1, paragraph 1(b).
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. SEAs. Record of employment. The Committee notes the Government’s indication that under section 7 of the Regulations on seafarers, the seafarer service book is the professional identity document of the seafarers and should include the seafarer’s name, address, contact person, contact information and other relevant matters. The Committee notes that the seafarer’s service record included in the identity document supplied by the Government includes a field on “performance evaluation”. The Committee recalls that Standard A2.1, paragraph 3, provides that the document to be given to seafarers, containing a record of their employment on board the ship, shall not contain any statement as to the quality of the seafarer’s work. The Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraphs 1(e) and 3.
Regulation 2.1 and Standard A2.1, paragraph 6. SEAs. Termination. Shorter notice for urgent reasons. The Committee notes the Government’s reference to the applicable legislation and collective agreement in relation to the cases in which the seafarer may terminate the SEA without prior notice. It notes that existing provisions do not take into account the need to terminate without penalty the SEA on shorter notice or without notice for compassionate or other urgent reasons. The Committee requests the Government to indicate the measures taken to fully comply with this requirement of the Convention.
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes the Government’s reference to section 51 of the Regulations on seafarers’ conditions under which the shipowner shall ensure that working hours of minor seafarers, i.e. under 18 years, cannot exceed eight hours per day and 40 hours per week on the ship, and at least a one-hour break for daytime meals and a 15-minute break after two hours of continuous work, while no such information on the normal working hours is provided with respect to seafarers over 18 years. The Committee requests the Government to provide information on the normal working hours’ standard for seafarers over 18 years.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s information that there is a lack of regulation of the issue of shore leave and it is recommended to regulate the matter in a collective agreement. Considering that the right to shore leave is essential to the seafarer’s health and well-being, the Committee requests the Government to indicate the measures taken.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition to forgo annual leave. The Committee requests the Government to indicate whether any agreement to forgo the minimum annual leave with pay is prohibited under national legislation and, if so, to indicate the applicable national provisions.
Regulation 2.5 and Standard A2.5, paragraph 2(c). Repatriation. Maximum period of service on board. The Committee notes that section 32 of the Regulations on seafarers’ conditions provides that “When a seafarer is working at a ship and has one of the following circumstances, he may require repatriation: … (6) The seafarers have been on the same ship for more than 12 months in a row.” The Committee recalls that under Standard A2.5, paragraph 2(b), the maximum duration of service on board following which a seafarer is entitled to repatriation should be less than 12 months. The Committee requests the Government to indicate the measures taken to bring its legislation into conformity with the Convention on this point.
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. While recalling that China is not bound by the 2014 amendments, the Committee takes note of the Government’s information that provisions to ensure conformity with the 2014 amendments need to be added in the Regulations on seafarers’ conditions. The Committee requests the Government to provide information on any progress made in this regard. It also notes the Government’s information that section 1 of the Notice of the Ministry of Transport on China’s Implementation of the First Amendment to the Maritime Labour Convention urges shipping companies to apply for the financial guarantees in relation to international sailing ships as soon as possible and equip their ships with financial guarantee certificates that comply with the provisions of the Convention before the entry into force of the amendments. In this regard, the Committee notes that the Government has supplied a copy of the certificate of insurance in respect of seafarers’ repatriation costs and liabilities as required under Standard A2.5.2. The Committee requests the Government to provide up-to-date statistical information on the number of ships engaged in national and international navigation in respect of which financial insurance certificates have been issued in accordance with Standard A2.5.2.
Regulation 2.6 and the Code. Seafarers’ compensation for unemployment for the ship’s loss or foundering. The Committee notes that the Government refers in the context of Regulation 2.6 to social insurance for unemployment, under which the shipowner should pay the unemployment insurance fee for the seafarer. The Government indicates that there is no requirement in the legislation that the shipowner should pay the seafarer’s compensation for unemployment. The Committee observes that the obligation of the shipowner to pay an indemnity against unemployment resulting from the ship’s loss or foundering under Regulation 2.6 does not coincide with the social security coverage for unemployment. Not only the extent and scope of application of Regulations 2.6 and 4.5 are different (the first concerns a short-term shipowner’s obligation with regard to all seafarers working on board ships flying the Member’s flag, whereas the second is related to a long-term coverage for all seafarers ordinarily resident in the Member’s territory), but also the obligation arising from Regulation 2.6 is linked to a particular situation (loss or foundering) and does not provide for a minimum period of service which is normally required for being entitled to unemployment benefits under Regulation 4.5. The Committee requests the Government to indicate whether seafarers working on board Chinese-flagged ships are paid for the period during which they remain unemployed following the ship’s foundering or loss an indemnity at the same rate as the wages payable under the employment agreement.
Regulation 2.7 and the Code. Manning levels. Food and catering. Dispute settlement. The Committee notes the Government’s information that the Regulations governing minimum safe manning of ships give effect to the Regulation. It also notes that, while section 12 of the Regulations on seafarers’ conditions provides that a ship with ten or more persons should be equipped with a ship’s cook – in conformity with Standard A3.2, paragraph 5 – the two examples of minimum safety manning certificates supplied by the Government (regarding manning of ten and more seafarers) do not contemplate a ship’s cook in the manning of the ships concerned. The Committee requests the Government to indicate the measures taken to review its practice regarding minimum safety manning certificates in order to take into consideration Regulation 3.2 and the Code. It also requests the Government to indicate whether any mechanisms exist to investigate and resolve any complaints or disputes regarding the minimum safety manning levels (Guideline B2.7.1).
Regulation 3.1 and Standard A3.1, paragraph 7. Accommodation and recreational facilities. Ventilation and heating. The Committee requests the Government to indicate the national provisions implementing the requirements of an appropriate heating system (Standard A3.1, paragraph 7(d)), spaces on open deck for time off duty (Standard A3.1, paragraph 14), and offices for use by deck and engine departments (Standard A3.1, paragraph 15). It also requests the Government to provide a copy of the International Navigational Ship Inspection Technical Regulations and the Domestic Navigational Ship Inspection Technical Regulations.
Regulation 4.1 and Standard A4.1, paragraph 1(c) and (d). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee notes the Government’s reference to section 24 of the Regulations on seafarers’ conditions providing that the shipowner should ensure free medical care and health protection to the seafarers working on the ship, including basic dental treatment, and provide timely reasonable medical care facilities. The Committee requests the Government to specify whether seafarers have the right to visit a qualified medical doctor or dentist in ports of call, where practicable (Standard A4.1, paragraph 1(c)), and whether, to the extent consistent with national law and practice, medical care is provided free of charge when the seafarer is landed in a foreign port (Standard A4.1, paragraph 1(d)).
Regulation 4.1, paragraph 3. Medical care aboard and ashore. Access to onshore medical facilities for seafarers on board foreign ships. The Committee notes the Government’s information that section 4 of the Regulations on Human Life Search and Rescue at Sea (Exposure Draft) stipulates that the competent health authority shall, together with the local maritime search and rescue centre, designate appropriate medical institutions to provide maritime medical consultation and medical assistance to wounded and sick people at sea. Section 30 of the draft Regulations provides that the local medical and health department shall be responsible for the rescue of the wounded. The Committee requests the Government to provide information on the progress made in the adoption of the abovementioned Regulations.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care aboard and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes the Government’s information that section 25 of the Regulations on seafarers’ conditions stipulates that the shipowner should ensure that the ship has the ability to obtain medical guidance through radio or satellite communications. The Committee requests the Government to specify whether it ensures that medical guidance through satellite communication is available 24 hours a day free of charge to all ships irrespective of the flag they fly and to indicate the relevant national provisions.
Regulation 4.2 and Standards 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. While recalling that China is not bound by the 2014 amendments, the Committee takes note of the Government’s information that provisions to ensure conformity with the 2014 amendments need to be added in the Regulations on seafarers’ conditions. The Committee requests the Government to provide information on any progress made in this regard. It also notes the Government’s information that section 1 of the Notice of the Ministry of Transport on China’s Implementation of the First Amendment to the Maritime Labour Convention urges shipping companies to apply for financial guarantees in relation to international sailing ships as soon as possible and equip their ships with financial guarantee certificates that comply with the provisions of the Convention before the entry into force of the amendments. In this regard, the Committee notes that the Government has supplied a copy of the certificate of insurance in respect of shipowners’ liability as required under Standard A4.2.1. The Committee requests the Government to provide up-to-date statistical information on the number of ships engaged in national and international navigation in respect of which financial insurance certificates have been issued in accordance with Standard A4.2.1.
Regulation 4.3, paragraph 2. Health and safety protection and accident protection. National guidelines. The Committee requests the Government to provide 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, and to provide a copy of them when available.
Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. The Committee notes the Government’s information on the existing shore-based welfare facilities. The Government indicates that there are plans for consideration by the relevant welfare agencies and port companies that will involve shore-based welfare committees and that the issue will be negotiated in the framework of the national maritime labour relations tripartite coordination mechanism. The Committee requests the Government to provide further information on any developments in the establishment of welfare boards pursuant to Standard A4.4, paragraph 3.
Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: medical care; unemployment benefit; old-age benefit; employment injury benefit; and maternity benefit. It notes the Government’s information on the national social security legislation in force, including the Social Insurance Law, the Regulations on Employment Injury Insurance, and the Regulations on Unemployment Insurance. The Committee understands that social security legislation covers seafarers working on board Chinese-flagged ships. It requests the Government to confirm it. Recalling that Standard A4.5, paragraph 3, requires each Member to provide social security coverage to all seafarers ordinarily resident in its territory, regardless of the flag of the ship on which they work, and observing that the abovementioned legislation does not appear to be applicable to that situation, the Committee requests the Government to indicate the legal provisions under which seafarers ordinarily resident in China who work on board ships flying a foreign flag are protected in case of ill health; unemployment; old age; employment injury; and maternity. The Committee also requests the Government to provide information on the modalities related to affiliation to social security schemes, payment of contributions and benefits, as well as on coverage of medical expenses beyond 16 weeks for morbid conditions occurring outside the territory of China.
Regulation 4.5 and Standard A4.5, paragraphs 4 and 8. Social security. Bilateral and multilateral agreements. The Committee notes the Government’s information that since the issuance of the Social Insurance Law in 2011, China has conducted social security negotiations with more than 20 countries and signed bilateral social security agreements with eight countries, namely Germany, Republic of Korea, Denmark, Finland, Canada, Switzerland, the Netherlands and France. Bilateral social security agreements with Canada, Finland, the Netherlands and Switzerland took effect in 2017. The Committee requests the Government to provide further details on social security coverage of seafarers under the mentioned bilateral and multilateral agreements.
Regulation 4.5 and Standard A4.5, paragraphs 5 and 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s indication that under section 12 of the Crew Regulations of the People’s Republic of China, the captains and senior seafarers of flags flying the Chinese flag shall be Chinese nationals; if foreign seafarers are required as senior seafarers, they shall be reported to the national maritime administration for approval. The Government indicates that, from the above, it can be seen that the Social Insurance Law is applicable to foreign seafarers working on ships flying the Chinese flag. The Committee requests the Government to clarify whether the relevant Chinese social security legislation is also applicable to seafarers who do not reside in China working on board Chinese-flagged ships.
Regulation 5.1.2 and Standard A5.1.2, paragraph 2. Flag State responsibilities. Authorization of recognized organizations. Minimum powers. The Committee notes that under the Chinese legislation, the Maritime Safety Administration of the People’s Republic of China (MSA) is in charge of the authorization and management of recognized organizations in terms of carrying out ship inspection and certification functions. The Committee requests the Government to specify whether authorized recognized organizations have the power to require rectification of deficiencies identified in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State. It further requests the Government to supply a copy of an agreement authorizing a recognized organization.
Regulation 5.1.3, paragraph 1(b). Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Scope of application. The Committee notes the Government’s information that section 33 of the Measures for the inspection of maritime labour conditions provides that international navigation vessels of 500 gross tonnage and above should have maritime labour certificates or temporary maritime labour certificates. The Committee recalls that Regulation 5.1.3 of the Convention also applies to ships of 500 gross tonnage or over flying the flag of a Member and operating from a port, or between ports, in another country. The Committee requests the Government to ensure that legislation implementing Regulation 5.1.3 also applies to these ships.
Regulation 5.1.3 and Standard A5.1.3, paragraphs 5–8. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interim Maritime Labour Certificate. The Committee notes the Government’s information that the interim maritime labour certificate shall not be valid for more than six months and shall not be renewed. Noting that the Government provides no details with regard to the cases in which an interim certificate may be issued, the Committee requests it to provide information on this point.
Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the Declaration of Maritime Labour Compliance (DMLC), Part I, supplied by the Government, while containing reference to the applicable legislation and to its content, does not mention the sections of the relevant legislation. The Committee recalls that Standard A5.1.3, paragraph 10(a), provides that the DMLC, Part I, drawn up by the competent authority, shall identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions. It also recalls that the purpose of the DMLC, Part I, is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements on the 14 listed matters are being properly implemented on board ship. In this regard, the Committee considers that the reference to the sections of the legislation listed in the DMLC, Part I, would help the concerned authorities to identify the national requirements implementing the Convention. The Committee requests the Government to indicate any steps taken to revise the DMLC, Part I, to ensure that it fully serves its purpose.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 3, 5, 10 and 11. Flag State responsibilities. Inspection and enforcement. Investigation and remedy. Independence and confidentiality. The Committee notes that, while the Government refers to the provisions of the “Measures for the inspection of maritime labour conditions regulating inspections”, it indicates that measures for the management of maritime labour inspectors have not been introduced and that the maritime department has not yet implemented procedural measures to investigate complaints on board and on shore. The Committee requests the Government to provide information on the measures adopted to regulate the procedure of presenting and handling complaints. It also requests the Government to indicate how the independence of maritime labour inspectors and the confidentiality of the sources of grievance of complaints are guaranteed.
Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. The Committee notes the Government’s information that under section 27 of the Rules on ship safety supervision of the People’s Republic of China, in the case of irregularities the maritime administrative law enforcement officer is empowered to require that deficiencies are rectified and may detain the ship. The Committee recalls that Standard A5.1.4 provides that inspectors shall be empowered to prohibit a ship from leaving the port until necessary actions are taken when they have grounds to believe that deficiencies constitute a serious breach of the requirements of the Convention, including seafarers’ rights, or represent a significant danger to seafarers’ safety, health or security. The Committee requests the Government to provide information on whether the grounds which may be invoked by inspection officers for detention are those provided in Standard A5.1.4, paragraph 7(c).
Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes that the applicable legislation does not appear to provide, as required by the Convention, for the submission of the inspection report to the competent authority, nor for the requirement to furnish the report to the master and post another copy on the ship’s notice board for information of the seafarers and, upon request, for submission to their representatives. The Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.
Regulation 5.1.5 and Standard A5.1.5. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s information that under section 57 of the Regulations on seafarers’ conditions, the shipowner shall establish and operate complaint-handling procedures on board and provide each seafarer with a copy of the procedure to ensure seafarers’ complaints can get fair, effective and prompt handling on board. The Committee notes that the on-board procedure established by the section 57 of the Regulations on seafarers’ conditions do not include the name of a person(s) on board who can, on a confidential basis, provide seafarers with impartial advice on their complaint and assist them in following the complaint procedures (Standard A5.1.5, paragraph 4). It also notes the Government’s information that while the China Classification Society developed the “Crew Complaint-Handling Procedures”, the competent authority has not yet established on-board complaint procedures. The Committee requests the Government to provide information on the progress made on the establishment of on-board complaint procedures in accordance with Regulation 5.1.5 and the Code.
Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes the Government’s information that the Regulations on the Investigation and Handling of Maritime Traffic Accidents stipulate that maritime traffic accidents should be reported, investigated, handled and mediated. The Committee notes that under such Regulations, “marine accidents” include “maritime traffic accidents which cause losses in property and human lives” but do not appear to comprise accidents involving personal injury. 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 take the necessary measures to ensure that an official inquiry is held into any serious marine casualty leading to injury.
Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s information that an onshore compliance procedure has been established. The Committee recalls that Regulation 5.2.2 and the Code require that seafarers on ships calling at a Member’s port who allege a breach of the requirements of the MLC, 2006, (including seafarers’ rights), have the right to report a complaint to the competent port authorities. The Committee requests the Government to provide detailed information on how it ensures compliance with the requirements of Regulation 5.2.2 and Standard A5.2.2.
[The Government is asked to reply in full to the present comments in 2021.]
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