CMNT_TITLE

Maritime Labour Convention, 2006 (MLC, 2006) - Poland (RATIFICATION: 2012)

Other comments on C186

Direct Request

2019
2014

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General questions on application. Implementing measures. The Committee notes that this is the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee also notes that, in addition to the fundamental and governance Conventions, Poland has previously ratified 16 maritime labour Conventions, including the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), which were automatically denounced on entry into force of the Convention for Poland. In its first report, the Government has provided a lengthy list of legislation implementing the MLC, 2006, and, as requested, a copy of the national Maritime Labour Certificate, the Declaration of Maritime Labour Compliance (DMLC) Part I and an example of an approved DMLC Part II. The Committee notes the Government’s indication that the Ministry of Infrastructure and Development is currently working on a draft Maritime Labour Act concerning work on board seagoing merchant vessels, and that the Act of 23 May 1991 on Work on Maritime Merchant Vessels, as amended and consolidated by the Announcement of 20 February 2014, and the Act of 18 August 2011 on Maritime Safety, as amended, are currently the main legislation relevant to the implementation of the MLC, 2006. The Committee understands that this draft Act, which the Government refers to as “the bill on work on sea vessels”, will replace the Act of 23 May 1991 and is expected to implement the provisions of the MLC, 2006. The Committee observes that the Government makes numerous references to envisaged provisions of the draft Act but has not provided a copy of the draft legislation. The Committee further notes the Government’s statement that draft Regulations on detailed conditions of safe navigation for ships are being developed by the Ministry of Infrastructure and Development in accordance with the Act on Maritime Safety of 18 August 2011. The Government also refers to a third draft document entitled “Maritime Policy of the Republic of Poland until 2020” (with perspective until 2030) which, according to the Government, includes as a priority the creation of conditions for the development of a maritime economy based on knowledge and qualifications. The Committee notes, however, that none of these draft implementation measures have been provided in the report.

The Committee observes that, in 2010, the Government indicated in its reports on the application of Conventions Nos 9 (Placing of Seamen), 22 (Seamen’s Article of Agreement), 23 (Repatriation of Seamen), 91 (Paid Vacations (Seafarers)), 134 (Prevention of Accidents (Seafarers)), and 147 (Merchant Shipping (Minimum Standards)), that it was developing a maritime labour law to implement the MLC, 2006, and provided an outline of the envisaged provisions of the draft law. The Committee also observes that the Government is apparently carrying out inspections and certifying ships for compliance with its national requirements implementing the MLC, 2006, and is also implementing its responsibilities relating to the regulation of recruitment and placement services and provision of social security. However, it notes that the implementing legislation – which the Committee understands to have been in development since at least 2010 – has not yet been adopted to provide a legal framework for these regulatory activities. In view of the fact that the on-board documents issued by a flag State provide prima facie evidence of compliance for ships when entering foreign ports, and noting also that shipowners’ use of private seafarer recruitment and placement services is one of the matters to be certified, the Committee stresses the urgency for the Government to move forward and adopt the legislation and implementing measures to which it has referred in order to fully implement the MLC, 2006. In this regard, it draws the attention of the Government to the ILO handbook entitled “Guidance on Implementing the Maritime Labour Convention, 2006 – Model National Provisions” as well as other guidance that may be of assistance. The Committee requests the Government to promptly transmit a copy of the Maritime Labour Act, the Regulations on detailed conditions of safe navigation for ships and the Maritime Policy of the Republic of Poland until 2020, once these instruments have been adopted.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that the Government indicates that there are approximately 70 recruitment and placement services operating in its territory. The Committee also notes, as mentioned above, that the Government, in connection with Convention No. 9, has previously indicated that new legislation is being developed to reflect the MLC, 2006 requirements with respect to any fees that seafarers can be expected to pay as well as the insurance requirements under paragraph 5(c)(vii) of Standard A1.4. However, the Committee understands that, in the interim, the Act of 23 May 1991 on Work on Maritime Merchant Vessels and the Act of 20 April 2004 on Employment Promotion and Labour Market institutions remain the applicable texts. The Committee refers to its previous comments on Convention No. 9 and its comments above on this matter and, in particular, wishes to point out that shipowners and flag State inspectors of other ratifying Members are relying on Poland’s effective implementation of this requirement. The Committee requests the Government to provide a copy of the legislation implementing Regulation 1.4 and the Code.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s indication that welfare facilities are available in four ports. However, no other information has been provided with respect to any welfare boards that may exist. The Committee requests the Government to provide further information with respect to these facilities and any welfare boards that have been developed.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s statement that the social security protection provided to seafarers ordinarily resident in Poland covers the following nine branches: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors’ benefit. It notes however that, in the declaration made at the time of ratification, in accordance with paragraphs 2 and 10 of Standard A4.5, the Government had not indicated family benefit as one of the branches of social security provided to seafarers. The Committee recalls that paragraph 10 of Standard A4.5 provides that the ratifying State “shall subsequently notify the Director-General of the International Labour Office when it provides social security protection in respect of one or more other branches stated in paragraph 1 of this Standard. The Director-General shall maintain a register of this information and shall make it available to all interested parties.” The Committee also notes the Government’s indication that social security is related to employer contributions and that provision has been made for seafarers resident in Poland working on ships flying the flag of Poland and any employer “regardless of place of registered office”. However, it is not clear whether seafarers ordinarily resident in Poland who work on ships flying the flag of another country are also protected under Poland’s social security law and what arrangements have been put in place to receive contributions from shipowners who are not based in Poland. The Committee requests the Government to provide clarifications as to the branches of social security provided to seafarers and to the arrangements that have been made to ensure that seafarers ordinarily resident in Poland are provided with social security.

The Committee notes that the Government did not provide the required information on several questions of the report form and that, on many occasions, it referred to the expected content of the future legislation or implementing measures. The Committee requests the Government to reply to all questions of the report form based on the content of the legislative framework as adopted.

[The Government is asked to reply in detail to the present comments in 2016.]