National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
DISPLAYINEnglish - French - Spanish
Repetition Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 1 and 2 of the Convention. Unemployment indemnity in case of shipwreck. Further to its previous comment, the Committee refers to the two implementing texts, i.e., the Merchant Shipping Act of 1975, as amended, and the Seamen (Unemployment Indemnity) Act 1951, and recalls that certain discrepancies exist between these two texts. More concretely, whereas section 123(2)(a) of Merchant Shipping Act provides that a seafarer is not entitled to unemployment compensation in case of shipwreck if it is proven that he/she has not made reasonable efforts to save the ship, no similar exception is to be found in the Seamen (Unemployment Indemnity) Act. The Committee recalls, in this regard, that under this Convention, the payment of unemployment indemnity may not be subject to such conditions as the seafarer’s efforts to save the vessel. In addition, whereas section 100(2)(b) of the Merchant Shipping Act generally excludes seafarers employed on board pleasure craft from the application of Part V of this Act, which governs the payment of unemployment benefits in the event of shipwreck, and section 101(1) empowers the Authority on advice of the Minister to exempt particular ships or classes of ships from the obligations of Part V, no similar provisions are contained in the Seamen (Unemployment Indemnity) Act. In this respect, the Committee recalls that the Convention applies to “all ships and boats of any nature whatsoever”. The Committee requests the Government to review sections 100(2)(b), 101(1) and 123(2)(a) in order to ensure conformity with the Convention, and to provide information on the steps taken in this respect. Seamen’s Articles of Agreement Convention, 1926 (No. 22). Further to its previous requests, the Committee notes that in the context of the Government’s preparations for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), a new Merchant Shipping (Seafarers Conditions of Employment) Regulation has been drafted under the Merchant Shipping Act. The Committee requests the Government to provide information on the progress made towards the adoption of these Regulations.
The Committee notes 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:
Article 12 of the Convention. Immediate discharge. In comments it had been making for many years, the Committee had noted that no provision in the relevant maritime legislation allowed for circumstances in which a seafarer may demand his/her immediate discharge. It recalls that the Government had declared its intent to make the necessary addition to the maritime legislation in this respect when the Merchant Shipping Act is next reviewed. The Committee notes from the Government’s report that, in light of the labour law review being pursued by the Ministry of Labour and Industrial Relations, it is possible that the relevant maritime legislation will also be looked at, a matter which will have to be discussed with the Ministry of Transport. The Committee once again requests the Government to take the necessary steps to bring the legislation in line with the Convention and to report in detail on any progress made in this regard.
Article 12 of the Convention. In comments it had been making for many years, the Committee had noted that no provision in the relevant maritime legislation allowed for circumstances in which a seafarer may demand his immediate discharge. It recalls that the Government had declared its intent to make the necessary addition to the maritime legislation in this respect when the Merchant Shipping Act is next reviewed. The Committee notes from the Government’s report that, in light of the labour law reviews currently being pursued by the Ministry of Labour and Industrial Relations, it is possible that the relevant maritime legislation will also be looked at, a matter which will have to be discussed with the Ministry of Transport. The Committee urges the Government to take the necessary steps to bring the legislation in line with the Convention as well as to report in detail on any progress made in this regard.