Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 7 of the Convention. The Committee notes the Government's statement in its report that section 39(c) of the Navigation Act requires the presentation of the crew list for the authorization of a vessel to moor in a port. The Committee requests the Government to indicate the legislation which provides that the articles of agreement shall be either recorded in the list of crew or annexed to this list.

Articles 14, paragraph 1, and 5, paragraphs 1 and 2. In its previous comments, the Committee pointed out to the Government that the record book issued to seafarers provides for the entry of the reason for the seafarer's discharge, which is inconsistent with the above Articles of the Convention. The Government replied that there is no legal obligation making it compulsory for the employer to record the reason for the worker's discharge. In its latest report, the Government repeats this information and states that sections 42, 47 and 208 of the Federal Labour Act prevent the recording of the reason for discharge in the record book issued to seafarers being used against the worker. Section 133(IX) of the Federal Labour Act also prohibits the practice of "keeping an index" of workers who leave or are discharged from work for the purposes of denying them re-employment. The Committee is bound to point out that sections 42, 47 and 208 of the Federal Labour Act, mentioned by the Government, refer to the temporary suspension of employment and the reasons for the termination of the contract of employment and that section 133(IX) does not prevent the recording by the master of the reason for discharge, since this is explicitly authorized in the record book issued to seafarers.

The Committee recalls that Article 14, paragraph 1, of the Convention provides that an entry shall be made in the document issued to the seafarer showing that he has been discharged in accordance with Article 5 of the Convention and that Article 5, paragraph 2, of the Convention explicitly provides that "this document shall not contain any statement as to the quality of the seaman's work or as to his wages". The Committee trusts that the Government will take the necessary measures to give effect to these provisions of the Convention.