Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report on the application of the Convention, received in 2008. While in its previous reports the Government had indicated that the Maritime Civil Service Act No. 201 of 1975 was the relevant legislation regarding accommodation of crews, in its latest report the Government points to the Labour Code as the relevant legislation in the maritime sector, at least as regards the private, mixed or cooperative sectors. The Committee requests the Government to confirm: whether the Maritime Civil Service Act No. 201 of 1975 is still in force regulating the crew accommodation on board publicly owned vessels; and whether the crew accommodation on board vessels of the private, mixed or cooperative sectors is regulated by Labour Code No. 71 of 1987 and Instructions No. 22 of 1987 issued thereunder.

If the Labour Code is the relevant legislation applicable to vessels of the private, mixed and cooperative sectors, and in view of the present efforts to draft a new Labour Code, the Committee draws the Government’s attention to the following shortcomings.

Articles 4, 14 and 18 of the Convention. The Labour Code and Instructions No. 22 of 1987 issued hereunder do not appear to contain provisions implementing these Articles of the Convention, and the Government has not provided any information regarding their application. The Committee therefore requests the Government to indicate the legislative and other measures taken or envisaged to give effect to Article 4 (ship plans); Article 14 (hospital accommodation); and Article 18 (existing ships).

Article 5. Inspection. Section 139 of the Labour Code merely enumerates the matters over which labour courts have jurisdiction. The Code and the related Instructions No. 22 of 1987 do not appear to contain further, more detailed provisions on the subject. The Committee requests the Government to indicate by what means it is ensured that, on every occasion when: (a) a ship is registered or re-registered; (b) the crew accommodation of a ship has been substantially altered or reconstructed; or (c) complaint has been made to the competent authority by a union or by a prescribed number of crew members, the competent authority inspects the ship as to compliance with relevant laws and regulations.

Article 6. Construction and design. According to section 5(2) of Instructions No. 22 of 1987, which rather apply to the workspaces of an enterprise than spaces for living (accommodation) on ships, the employer shall provide the workers with convenient spaces where they can rest and have their meals. Those spaces shall be adequately equipped with means of comfort and hygiene such as air conditioning and ventilation, heating, seats and berths. Section 5(10) provides that the employer shall foresee all appropriate fire-fighting equipment and keep all inflammable and explosive substances away from heating facilities and heat in general. Section 5(15) and (16) provides that the employer shall take measures to avoid vibrations and diminish noise in the workspaces so that the noise level does not exceed 85db.

These provisions in the Instructions only partially address the provisions in paragraphs 1 and 8 of this Article. The Committee requests the Government to indicate the legislative measures taken or envisaged to give full effect to the requirements of Article 6.

Article 7. Ventilation. Section 5(2) of Instructions No. 22 of 1987 appears to partly give effect to paragraph 1 of this Article. The Committee requests the Government to adopt national laws or regulations to ensure conformity with the requirements of Article 7.

Article 8. Heating. Section 5(2) and (10) of Instructions No. 22 of 1987 only partially address the provisions in paragraphs 1 and 6 of this Article. The Committee asks the Government to take the necessary legislative measures to give full effect to all requirements of Article 8.

Article 9. Lighting. In addition to section 5(2) of Instructions No. 22 of 1987, section 5(16) specifies that the employer shall foresee sufficient natural or artificial lighting according to the type of work and take all necessary measures to avoid shadow areas. Paragraph 1 of this Article, however, requires the provision of both proper natural and adequate artificial light. The Committee therefore requests the Government to adopt national laws or regulations, in order to ensure compliance with all requirements of Article 9.

Article 10. Sleeping rooms. In addition to section 5(2) of Instructions No. 22 of 1987, section 5(3) provides that the employer shall foresee separate cloakrooms for male and female workers that shall be equipped with wardrobes, and section 5(19) requires a minimum headroom. These provisions do not suffice to give effect to the detailed requirements of this Article. The Committee therefore requests the Government to take the necessary legislative measures to ensure that full effect is given to the requirements of Article 10. Please also furnish particulars on the minimum headroom prescribed in section 5(19), which, according to the Convention, shall not be less than 190 cm.

Article 11. Mess rooms. Further to section 5(2) of Instructions No. 22 of 1987, section 5(5) provides that the employer shall foresee clean and hygienic drinking water that is cooled in the summer. These provisions appear to partly give effect to paragraphs 1 and 6 of this Article. The Committee requests the Government to indicate the legislative measures taken or envisaged to ensure compliance with all the remaining requirements of Article 11.

Article 12. Recreation accommodation. Section 5(2) of Instructions No. 22 of 1987 only partially addresses the provisions of this Article. The Committee asks the Government to adopt national laws or regulations giving full effect to the requirements of Article 12.

Article 13. Sanitary accommodation. According to section 5(4) of Instructions No. 22 of 1987, the employer shall provide bathrooms, sinks and water closets according to the number of male and female workers of the enterprise. This provision appears to address to some extent in paragraph 1, but does not suffice to give effect to the detailed requirements of this Article. The Committee therefore requests the Government to take the necessary legislative measures to ensure that full effect is given to the provisions of Article 13.

Article 15. Cloakrooms, screens and blinds. Section 5(3) of Instructions No. 22 of 1987 provides that the employer shall foresee separate cloakrooms for male and female workers that shall be equipped with wardrobes. This provision partially addresses the provisions of paragraph 1 of this Article. The Committee asks the Government to indicate the legislative measures taken or envisaged to ensure full compliance with the requirements of Article 15.

Article 17. Maintenance and weekly inspection. Section 5(9) of Instructions No. 22 of 1987 provides that the employer shall maintain the workspaces in the enterprise in a clean condition. According to section 4(3)(b)(ii), the designated worker or committee responsible for safety and health matters shall organize regular inspections of all workplaces of the enterprise and draw attention to any hazards. Since the Instructions issued under the Labour Code solely concern workspaces, these provisions cannot be considered as giving full effect to Article 17, which requires the inspection of crew accommodation and the recording of the results of inspections. The Committee therefore asks the Government to take the necessary legislative measures to ensure full compliance with the provisions of Article 17.

If the Maritime Civil Service Act is the relevant legislation applicable to publicly owned vessels, the Committee draws the Government’s attention to the following points.

Articles 3–5, 17 and 18. The Maritime Civil Service Act contains no provisions implementing these Articles of the Convention. The Committee requests the Government to indicate the measures taken or envisaged to give effect to the provisions concerning the inspection system and penalties (Article 3); ship plans (Article 4); inspections following registration, alteration or complaint (Article 5); maintenance and weekly inspection (Article 17); and existing ships (Article 18).

Articles 6–15. Section 70 of the Maritime Civil Service Act generally requires the provision of necessary lodgings for the accommodation of seafarers and to supply them with furniture and necessary conveniences. This provision, however, does not suffice to ensure compliance with the detailed requirements of the Convention. The Committee requests the Government to adopt national laws or regulations giving full effect to the requirements concerning construction and design (Article 6); ventilation (Article 7); heating (Article 8); lighting (Article 9); sleeping rooms (Article 10); mess rooms (Article 11); recreation accommodation (Article 12); sanitary accommodation (Article 13); hospital accommodation (Article 14); and cloakrooms, screens and blinds (Article 15).