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

1. The Committee notes the information supplied by the Government in its report concerning the Committee's previous comments. It notes the draft regulations respecting the Registration Service for Seamen in the Merchant Marine, a copy of which is attached to the report. The Government indicates that the above draft text was criticised by trade union associations in the Labour Commission of the Chamber of Deputies, which called upon the Minister of Defence and the Director of Registration and the Merchant Navy of the National Naval Prefecture to appear before it; these persons explained the objective and reasons for the proposed amendments. The trade union associations have not submitted an alternative draft nor have they discussed amendments to the draft text prepared by the maritime authority. In its direct request in 1989, the Committee requested the Government to make any observations that it considered appropriate on the comments made in September and October 1989 by the Naval Engineers Central and the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT). These seamen's organisations maintained that employment offices for seafarers have to be administrated by the representative associations of shipowners and seamen under the control of a central authority. In the opinion of these organisations, the central authority had to be an authority that was competent in the field of labour.

2. In its report, the Government indicates that the National Naval Prefecture reports that Article 4, paragraph 1(b), of the Convention is applied and that it has been in its own interests to establish an administrative committee with tripartite participation. With regard to Article 5, the Government indicates that the social partners have not appointed delegates to the advisory committee set up by Decree No. 600/77, which instituted a bipartite advisory committee for the staff register of the merchant marine of the National Naval Prefecture.

3. The Committee refers to Article 4, paragraph 1(b), of the Convention which permits the State itself to organise and maintain an efficient and adequate system of employment offices for finding employment for seamen without charge. Article 5 requires that "committees consisting of an equal number of representatives of shipowners and seamen shall be constituted to advise on matters concerning the carrying on of these offices. The Government in each country may make provision for further defining the powers of these committees, particularly with reference to the committees' selection of their chairmen from outside their own membership, to the degree of state supervision, and to the assistance which such committees shall have from persons interested in the welfare of seamen." The Committee therefore hopes that in its next report the Government will be in a position to supply the information required in the report form for the Convention on the organisation of the system of offices for finding employment without charge and on the provisions that have been adopted respecting the consultation procedure of committees consisting of an equal number of representatives of shipowners and seamen, as required by the above provisions of the Convention.