CMNT_TITLE

Maritime Labour Convention, 2006 (MLC, 2006) - Faroe Islands

Other comments on C186

Direct Request

2020
2019
2015

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The Committee notes the Government’s second and 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 2014 and 2016 entered into force for Denmark (Faeroe Islands) on 18 January 2017 and 8 January 2019, respectively.

Regulation 2.1 and Standard A2.1, paragraphs 1 and 4. Seafarers’ employment agreement. Content. In its previous comment, the Committee requested the Government to clarify who the parties are under Faroese law on the seafarers’ employment agreement and to consider amending the standard form agreement to ensure that seafarers have an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under paragraph 1 of Standard A2.1. It also requested the Government to include in the standard form agreement the missing element regarding the seafarer’s entitlement to repatriation, as required under Standard A2.1 paragraph 4(i). In its reply, the Government indicates that any reference to the “seafarer” is based on section 1 in Parliamentary Act No. 4 of 15 January 1988 on seafarers’ conditions of employment etc., as amended by Act No. 133 of 20 December 2016 (Act No. 133), and any reference to the “shipowner” is based on section 1(a) of this Act. The Faroese standard form agreement shall be signed by both parties. Section 2 of the Executive Order No. 43 of 14 May 2013 on the employer’s obligation to conclude a written contract with the seafarer on the conditions of employment provides that the shipowner or the employer or the one acting on behalf of the shipowner or the employer shall, prior to commencing service, conclude a written employment contract with the employee. Subsection 2(4) provides that the employee shall be provided with a copy of the employment contract signed by the employer. The Committee notes the Government’s indication that it has taken the opportunity to revise the standard form agreement, to ensure that it is in conformity with Standard A2.1, paragraph 4(i). While noting this information, the Committee observes that the existing legislation does not require that the SEA must, in all cases, be signed by the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer) as required by Standard A2.1, paragraph 1(c). The Committee accordingly requests the Government to adopt the necessary measures to ensure full compliance with this requirement of the Convention. It further requests the Government to provide a copy of the revised form agreement.

Regulation 2.5. Standard A2.5.2. Repatriation. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s reference to the Executive Order No. 4 of 6 January 2017 on Insurance or other Financial Security for Covering the Shipowner’s Liability towards the Seafarer and the Master in case of Breach of the Employment Agreement. The Committee notes with interest that the said Order gives effect to the new provisions concerning financial security in the event of abandonment.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee noted the absence of information on several provisions of this Regulation and requested the Government to indicate how it implements the points required under Standard A3.1, paragraph 9. In its reply, the Government indicates that the Rules of Notice B on Technical Regulations with respect to the Construction and Equipment, etc. of ships and Notice D on Technical Regulations with respect to the Construction and Equipment of Passenger Ships engaged in domestic voyages are currently being amended. The Government further indicates that following the amendment, these Rules will meet the requirements of the provisions of the Convention. The Committee requests the Government to provide information on the progress made in this respect and to submit a copy of the amended texts once they are adopted.

Regulation 3.2 and the Code. Food and catering. Referring to the Act on Seafarers’ Conditions of Employment, the Committee requested the Government to explain how it ensures that ships that fly its flag meet the minimum standards concerning food and drink supplies, having regard to the duration and nature of the voyage (Standard A3.2, paragraph 2(a)). In its reply, the Government refers to Executive Order No. 41 of 14 May 2013 on food on board Faroese ships which refers to the quantity and quality of the food available without however referring to the duration of the voyage. The Committee therefore requests the Government to indicate how it ensures that in practice this element is taken into account. The Committee further requested the Government to indicate how it ensures that in circumstances of exceptional necessity, a dispensation permitting a non-fully qualified cook to service in a specified ship is permitted only until the next convenient port of call or for a period not exceeding one month (Standard A3.2, paragraph 6). The Committee notes the Government’s indication in this regard that while section 21, subsection 2, of the Parliamentary Act No. 63 of 3 July 1998 as amended by Parliamentary Act No. 52 of 12 May 2015, allows for dispensation concerning non-fully qualified cooks for a specific period not exceeding six months, in practice, the period does not exceed one month. Noting that the national legislation is not in conformity with the Convention, the Committee request the Government to indicate the measures taken to ensure full compliance with Standard A3.2, paragraph 6, both in law and in practice. The Committee also requested the Government to indicate how it ensures that documented inspections are carried out in scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 (Standard A3.2, paragraph 7). The Government states in this regard that in accordance with section 7 of the Executive Order No. 41 of 14 May 2013 on food on board Faroese ships, “the master shall be obliged to ensure that the provisions of the Order are met”. It adds that documented inspections are carried out in a scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 of the Convention. The Committee notes however that neither the Executive Order nor the procedure under Title 5 submitted by the Government require that the master shall carry out frequent documented inspections as foreseen in Standard A3.2, paragraph 7. The Committee requests the Government the measures taken or envisaged to ensure compliance with this provision of the Convention.

Regulation 4.1 and Standard A4.1. Medical and dental care. Noting that section 27 of the Act on Seafarers’ Conditions of Employment provides for medical examination and treatment, both on board and ashore, free of charge to the seafarer, but it does not specify whether or not essential dental care is included, the Committee requested the Government to provide detailed information in this regard. In its reply, the Government indicates that the wording in section 27 of the said Act is to be understood in a broader sense, i.e. the shipowner shall defray all expenses with respect to the care of the seafarer. Thus in practice, essential dental care is provided at no cost to seafarers working on ships flying the Faroese flag according to this Act. The Committee takes note of this information which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee requested the Government to clarify whether shipowners are required to continue to pay wages to the sick or injured seafarers until their recovery after they have been repatriated or landed, as required under Standard A4.2, paragraph 3(b). In its reply, the Government indicates that during service on board, the seafarer is entitled to wages even though he is unfit to perform his duties due to illness or injury, according to section 29 of the Act on Seafarers’ Conditions of Employment. In this case, “service on board” refers to period of employment and not the physical presence of the seafarer. The Committee further notes that subsection 2, paragraph 1 of the said Act gives effect to Standard A4.2, paragraph 3(b). The Committee further requested the Government to clarify whether, in accordance with Standard A4.2, paragraphs 2 and 4, shipowners are obliged to defray the expenses of medical care and to pay wages of sick or injured seafarers “for not less than 16 weeks” from the day of the injury or the commencement of the sickness, unless the seafarer has recovered or the sickness or incapacity has been declared of a permanent character. In its reply, the Government indicates that section 30(2) of Act No. 133 provides that such coverage is “up to 16 weeks”, not exceeding, however, two weeks after the arrival in the country in which he is domiciled. Noting that the limitation of the coverage to two weeks after the arrival in the country in which the seafarer is domiciled is not in conformity with the Convention, the Committee requests the Government to indicate the measures adopted to ensure, in all cases, a coverage of a period of not less than 16 weeks as required by Standard A4.2, paragraphs 2 and 4.

Regulation 4.2 and standard A4.2.1, paragraph 9. Shipowners’ liability. 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. In this regard, the Committee takes note with interest of the measures adopted by the Government to implement these amendments. The Committee notes that section 5 of Executive Order No. 4 of 6 January 2017 on Insurance or other Financial Security for Covering the Shipowner’s Liability towards the Seafarer and the Master in case of Breach of the Employment Agreement provides that the insurance or the other similar financial security mentioned in section 2 shall not lapse until the expiry of the period of validity unless the insurance company or other has informed the Faroese Maritime Authority about this at least 30 days in advance. It notes however that this Order contains no provisions requiring that seafarers shall receive prior notification if a shipowner’s financial security is to be cancelled or terminated as provided for under Standard A4.2.1, paragraph 9, of the Convention. The Committee requests the Government to indicate how it implements this provision of the Convention. The Committee further requests the Government to indicate how national laws and regulations ensure the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)? (Standard A4.2.1, paragraph 8).

Regulation 4.5 and the Code. Social security. The Committee requested the Government to provide information on whether seafarers ordinarily resident in the Faeroe Islands working on ships operating under the flag of another country that is not a Member of the European Union or part of the existing bilateral agreement are provided with social security protection as required under Regulation 4.5 and the Code. In its reply, the Government indicates that these seafarers have the same right to medical care in the Faroe Islands as all other citizens of the Faroe Islands as provided in paragraph 5 in Parlamentary Act No. 64 of 17 of May 2005 on public hospital service and Parlamentary Act No. 178 of 22 of December 2009 on public healthcare insurance. With regard to sickness benefit, the Government indicates that these seafarers have the same right to public sickness benefit as all other seafarers and workers ordinarily resident in the Faroe Islands as provided in Parliamentary Act No. 74 of 8 May 2001 on sickness benefit. When the shipowner’s obligation to provide sickness benefit to the seafarer stops, the public sickness benefit scheme takes over for up to 40 weeks. Concerning employment injury benefit, the Government indicates that if the seafarer is temporarily working on a ship operating under the flag of another country (maximum for a period of two years) for a Faroese company, the seafarer concerned has the right to employment injury benefit as provided in paragraph 1 in executive Order No. 75 of 17 June 2010. It also notes that maternity/paternity benefit for seafarers ordinarily resident in the Faroe Islands working on a ship operating under the flag of another country can take out an insurance and get maternity or paternity benefit from the Faroese maternity/paternity fund. The Committee takes note of this information.

Regulation 5.1.4 and the Code. Inspections. The Committee notes that Circular RO–01/2013, which covers all ships of 500 gross tonnage or over, engaged in international voyages, or operating from a port or between ports in another country, states that intermediate inspections regarding certification are mandatory and must be carried out every two to three years from the issuance of the maritime labour certificate. The Government however does not provide information on the nature and frequency of inspections to be carried out on ships not subject to certification. The Committee requests the Government to indicate it gives effect to Standard A5.1.4 in relation to these ships.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee requested the Government to indicate any steps taken to review its DMLC, Part I and II, in order to provide concise information on the main content of the national requirements regarding all the items included in those documents. In its reply, the Government indicates that the Faroese Maritime Authority (FMA) has duly noted the Committee’s remarks on the DMLC, Part I and Part II. The FMA has taken this opportunity to revise the Faroese DMLC, Parts I and II, and will amend particular sections, should they prove insufficient in accuracy. The Committee takes note of this information.

Regulation 5.2.2 and the Code. Onshore complaint-handling procedures. The Committee requested the Government to provide additional information on the onshore complaint procedure. In its reply, the Government indicates that the internal onshore complaint-handling procedure is included in the FMA ISO 9000:2015 quality management system. It also refers to Executive Order No. 42 of 14 May 2013 on handling of complaints on board Faroese ships and to Executive Order No. 89 of 18 June 2013 on confidentiality in connection with the Faroese Maritime Authority’s handling of complaints about working and living conditions on board ship. The Committee notes however that these Executive Orders deal with on-board ship procedures and not onshore. The Committee notes that the information provided by the Government is insufficient concerning the procedures that enable seafarers on ships calling at ports of Faroes Island to report a complaint of a breach of the requirements of the Convention. It therefore requests the Government to provide detailed information on the mechanism established to receive and deal with complaints in Faroe Island ports, including any steps taken to safeguard the confidentiality of complaints.

Additional documentation requested. The Committee requests the Government to provide the following documents and information: a copy of the insurance policy (Regulation 2.5, paragraph 2; a copy of legislation regulating social security for seafarers (Regulation 4.5); the conventions and bilateral agreements on social security benefits (Standard A4.5, paragraphs 3, 4 and 8); a copy of the guidelines provided to inspectors for flag State inspections under the MLC, 2006 (Standard A5.1.4, paragraph 7); and the written procedure for on-board complaints (Standard A5.1.5).