CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

The Committee notes the information supplied by the Government in its last report.

Article 3 of the Convention. The Committee notes that, according to the Provisional Instruction concerning the application to foreign seafarers of the employment conditions in force on board ships registered in the French Southern and Antarctic Territories, the maritime employment contract of a foreign seafarer who is not resident in France may take the form of two separate contracts of a different nature for one and the same seafarer:

(i)  a contract concluded between the shipowner and every seafarer; and

(ii)  a service contract concluded between the shipowner and a foreign company responsible for recruitment of crew.

The Committee also notes that the district court of Saint-Denis (Réunion) is competent to hear individual disputes concerning the employment relationship between shipowner and seafarer, the interpretation of the contract and the action of nullity of contractual clauses.

The Committee requests the Government to specify whether the legislation governing contracts concluded between French seafarers (or those of comparable status) and the shipowner, also applies to contracts of foreign non-resident seafarers who have been recruited in the framework of a service contract concluded between the shipowner and a foreign company responsible for recruitment of crew.

Article 5, paragraph 1. The Committee notes that section 88 of the Maritime Labour Code does not provide for the maintenance of the seafarer up to the time fixed for his departure. The Committee requests the Government to indicate the provisions in national legislation giving effect to this Article of the Convention.

Furthermore, the Committee notes with interest the ratification of the Repatriation of Seafarers Convention (Revised), 1987 (No. 166) for the metropolitan territory.

According to Article 13, Convention No. 166 revises the Repatriation of Seamen Convention, 1926 (No. 23). The ratification of Convention No. 166, however, does not entail the automatic denunciation of Convention No. 23. Should the Government wish to denounce Convention No. 23, it may, at any time, communicate to the Director-General an act of denunciation to that effect.

As far as the French Southern and Antarctic Territories are concerned, the Committee therefore draws the Government’s attention to the possible communication of an act of denunciation of Convention No. 23 and to the possibility to extend the geographic scope of the ratification of Convention No. 166.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to its General Observation for the Territories.

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).

CMNT_TITLE

The Committee refers to its General Observation for the Territories.

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).

CMNT_TITLE

The Committee notes the Government's statement in its first report that the standards contained in the Overseas Labour Code are generally superior to those of the Convention. However, the sections referred to of the Code (namely, sections 129 to 132) do not appear to contain any provision conceived in terms of maritime labour and comparable, for example, to the sections of the Maritime Labour Code under which the Convention appears to be applied in France.

In general, the Committee recalls the opinion contained in Circular No. 46-CT/T30 of 24 January 1955, mentioned by the Government, according to which a general regulation for the overseas departments applicable to seafarers would cover more fully and more satisfactorily all the problems arising out of the employment of seafarers, and that the regulations would be inspired in particular by the relevant international Conventions. The Committee would be grateful if the Government would indicate any measure which has been taken or is envisaged to this effect. It trusts that the Government will include in its next report more detailed information on the way in which Articles 3 to 6 of the Convention are applied in practice. Please indicate the procedures by which the Convention is applied to the repatriation of seafarers, both French and foreign, for which the responsible authorities are aware of the need, if necessary, to advance the expenses of repatriation (Part III of the report form). Please also supply any statistical information which is available in this respect (Part V).