Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 9, paragraph 1, of the Convention. With reference to its previous comments respecting section 209(III) of the Federal Labour Act, the Committee notes the interpretation of this section by the Federal Conciliation and Arbitration Board to the effect that it prohibits the termination of an agreement for an indefinite period (a) when the vessel is abroad, (b) when the vessel is in an uninhabited place and (c) when it is in port, on condition in the latter case that the ship is exposed to risk due to bad weather or other circumstances.

The Committee notes that this new interpretation differs from the one given by the Government to section 209 in its reports for the periods 1980-82 and 1982-86. At that time the Government considered that condition (a) was only fulfilled when it coincided with condition (b) or (c). In the interpretation given by the Federal Board, condition (a) is valid per se and no longer depends on the other two, since the Board considers that Article 9, paragraph 3, of the Convention explicitly empowers national legislation to determine the exceptional circumstances in which the period of notice shall not terminate the agreement. The Committee wishes to point out that paragraph 3 does not give States which ratify the Convention an unlimited right to disregard the general rule established in paragraph 1, nor to replace it by another general rule under which an agreement for an indefinite period may be terminated only in a port of the country of registration of the vessel. However, the Committee wishes to point out that the Government, under the provisions of Article 1, paragraph 2(c) and (g), of the Convention, may determine which categories of vessels remain outside the scope of the Convention, by applying the criteria set out in this provision.

The Committee trusts that the Government will take into account the above and will take the necessary measures to bring the legislation into harmony with this Article of the Convention.