CMNT_TITLE

Article 9, paragraph 1, of the Convention.The Committee has indicated in comments for many years that the provision of section 209(III) of the Federal Labour Act providing that seafarers may not be discharged when the ship is in a foreign port is contrary to the relevant provision of the Convention. The Committee notes the information supplied by the Government in its latest report and the clauses of collective agreements (CC-35/88, CC-713/87) which the Government deems applicable to this Article of the Convention. Nevertheless, the Committee notes that these clauses are not related to the application of Article 9, paragraph 1, and refer to the right recognized by the Conventions for the employer to dismiss crews which renounce their trade union membership and the termination of the agreement entered into for a voyage. The Committee expresses once again its hope that the Government will take the necessary measures to amend its legislation to bring it into line with this provision of the Convention.

[The Government is requested to supply a detailed report in 1998.]