Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

For a number of years now the Committee has been drawing the Government's attention to the need to adopt legislation prescribing: (a) in conformity with Article 2 of the Convention, that all persons employed on board a vessel shall be entitled in case of loss or foundering of a vessel to an indemnity fixed at the same rate as the wages payable under their contract provided that the total indemnity payable to each seaman may be limited to two months' wages; (b) in accordance with Article 3 of the Convention, that this indemnity will be given the same guarantees as arrears of wages, and that seamen shall have the same remedies for recovering such indemnity as they have for recovering arrears of wages.

In its report, the Government refers once again to section 19 of the Labour Code of 1970, which is applicable to all questions not covered by Law No. 201 of 1975, regarding the Civil Marine Service. According to the Government, shipwreck is regarded as being similar to an involuntary stoppage of work and consequently seamen do not risk being umemployed in the event of shipwreck and are regarded as continuing the work and receive their full wages. This is applied in practice by the authorities responsible for seamen in the public and private sectors, ensuring that effect is given to the provisions of the Convention.

The Committee notes this information; however, it draws the Government's attention to the fact that under section 69(b) of the Labour Law, the indemnity due for partial or total stoppage of work for an emergency or force majeure is limited to two weeks' salary, contrary to the provisions of Article 2, paragraph 2 of the Convention which provide for a minimum of two months. The Committee therefore hopes that the necessary measures will be taken to give full effect to Articles 2 and 3 of the Convention.