Texts of pending comments

Articles 9 and 10 of the Convention. Cost-sharing with respect to medicines and appliances. The Committee takes due note of the information provided by the Government in reply to its previous request concerning the exceptions to cost-sharing with respect to medicines and appliances, and in particular the “wide range of exemptions from prescription charges targeting those who are most in need and those who have the least means to pay”, as well the financial contribution required from other persons for entitlement to prescription medicines and appliances free of charge.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or to accept Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No 121 or accepting Part VI of Convention No. 102 as the most up-to-date instruments in this subject area.

Labour inspection: Convention No. 81

Articles 10, 14, 16, 20 and 21 of the Convention. Number of labour inspectors and inspection visits. Notification of industrial accidents and cases of occupational disease. Annual report on the work of the inspection services. The Committee notes the statistical information provided by the Government, in its report, on the activities performed by the Health and Safety at Work Inspectorate (HSWI) between June 2016 and May 2019, in particular with regard to the number of labour inspectors (three inspectors employed in 2019) and inspection visits (1,054 visits carried out from 2016 to 2019), premises covered by the HSWI (more than 3,000 in 2019) as well as the number of accidents, diseases and dangerous occurrences at workplaces. The Committee also takes note of the registers of enforcement notices issued, which are available at the Government’s website and include information on improvement notices (four in 2016, three in 2017, two in 2018 and four in 2019) and prohibition notices (seven in 2016, eight in 2017, five in 2018 and two in 2019). The Committee requests the Government to continue to provide information on the activities of the HSWI. Noting the Government’s indication that Environmental Health Officers perform inspections in lower risk premises, it further requests the Government to provide information on the inspection powers and activities of these Officers. It also requests the Government to indicate whether annual reports on the work of the inspection services are published in accordance with Article 20(2) of the Convention and, if so, whether they address the subjects specified in Article 21 of the Convention.

Labour administration: Convention No. 150

Article 4 of the Convention. Organization of the system of labour administration and coordination of its functions and responsibilities. With regard to its previous comments on the organization of the labour administration system, the Committee notes that the Government indicates in its report that further restructuring took place in relation to labour administration following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017. It notes that under this Order, the Department of Economic Development was renamed the Department for Enterprise and that certain functions were transferred from the former Department of Economic Development to other government departments. Functions relating to apprenticeships, vocational training and career services were transferred to the Department of Education, Sport and Culture and those related to the job centre and arrangements to support people with disabilities to obtain and retain employment were transferred to the Social Security Division of the Treasury. The Committee also takes note of the organizational charts of bodies comprising the labour administration system both prior to and following the adoption of the Transfer of Functions (Economic Development and Education) Order of 2017, transmitted by the Government. The Committee requests the Government to continue to provide information on the organization, functions and responsibilities of the labour administration system. It also requests the Government to provide further information on the manner in which it ensures that these functions and responsibilities, which are entrusted to different bodies engaged in labour administration, are properly coordinated.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers or their representatives. The Committee notes that, in reply to its previous comments, the Government indicates that the Manx National Economic Development Council has been renamed the Manx National Development Forum (MNDF). The MNDF remains a tripartite body, has the same purpose as its predecessor and meets on a quarterly basis. It takes note of the terms of reference of the MNDF, as updated in 2018, and the minutes of meetings held in 2017 and 2018, which have been transmitted by the Government. Lastly, it takes note of the Government’s indication, in response to the Committee’s previous request, that its Code of Practice on Consultations has been reviewed and is available on its website. The Government indicates that the constituent parties of the MNDF are listed as direct consultees and any member of the MNDF may propose a specific consultation as an item on its agenda for discussion.

The Committee takes note of the Government’s report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020).

Part III (Sickness benefit), Article 16, Part IV (Unemployment benefit), Article 22, Part X (Survivors’ benefit), Article 62, in conjunction with Part XI (Standards to be complied with by periodical payments), Articles 66 or 67 and the Schedule to the Convention. Replacement rates of sickness benefit, unemployment benefit, and survivors’ benefit. The Committee notes from the information provided by the Government in its report, and from the supplementary information provided, that the replacement rates of the contribution-based sickness benefit (43.1 per cent), unemployment benefit (17.75 per cent), and survivors’ benefit (35.04 per cent) calculated according to Article 66 of the Convention fall below its requirements. The Committee recalls that the Schedule to the Convention requires the replacement rates be at least 45 per cent for sickness and unemployment benefits and 40 per cent for survivors’ benefit. The Committee however notes from the Government’s indications that a means-tested Income Support and the Income-based Jobseeker’s Allowance can be also provided in case of sickness, survivorship or unemployment. The Committee draws the Government’s attention to the possibility of providing statistical data on the replacement rates of the Income Support and the Income-based Jobseeker’s Allowance according to Titles I-V of Article 67 of the report form for the Convention. Recalling that the replacement rates of benefits, in accordance with the Convention, shall be at least 45 per cent for sickness and unemployment benefits and 40 per cent for survivors’ benefit, the Committee requests the Government to provide the above-mentioned information with a view to assessing whether the requirements of Article 67 of the Convention are met.

Part V (Old-Age benefit), Article 26. Pensionable age. The Government indicates that a new State Pension has been introduced for people who reach state pension age after 6 April 2019. The Committee observes from the information available on the official Isle of Man Government’s website (Social Security Division) that state pension age will have been gradually increased from age 65 to 66 by October 2020, 67 by April 2028, and to 68 by April 2046. The Committee recalls that as required by Article 26 of the Convention, a pensionable age of higher than 65 may be fixed by the competent authority with due regard to the working ability of older persons in the country. The Committee therefore requests the Government to provide information on the working ability of older persons, including, for example, data on the healthy life expectancy (HLE), disability free life expectancy (DFLE), and employment rate among persons older than 65 years in the Isle of Man.

Part XI (Standards to be complied with by periodical payments), Article 66. Reference wage of the standard beneficiary. The Committee notes the information provided by the Government in reply to its previous request concerning the methodology used for determining the reference wage.

Article 7 of the Convention. Statistics on the economically active population. The Committee notes the information provided by the Government on the economically active population. Moreover, it notes with interest the Government’s indication that due to changes to data publication and access to additional information, the data required to implement Article 7 is now readily available and published on a regular basis and that, therefore, consideration will be given to formally accepting this Article of the Convention. The Committee requests the Government to continue to provide information on any developments in this respect.

Article 8 of the Convention. Structure and distribution of the economically active population. The Committee notes that the Government of the Isle of Man carried out its most recent population census in 2016. It welcomes the information on census data and methodological information relating to the 2016 household and housing census, which has been supplied to the ILO Department of Statistics for publication on the ILOSTAT database. The Committee invites the Government to continue to provide updated data and methodology, and to keep it informed of plans to conduct the next Population Census. The Committee further requests the Government to provide information on any developments in relation to the implementation of the resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).

Article 9(2). Compilation of statistics of time rates of wages and normal hours of work. The Government indicates once again that time rates of wages and hours are not currently compiled, but that their compilation remains under consideration. The Government reiterates that it may be possible to require compulsory returns from employers without amending the Statistics Act. The Committee therefore once again reiterates its previous request that the Government provide information on any measures taken or contemplated in relation to implementation of Article 9(2) of the Convention regarding the compilation of statistics of time, wage rates and normal hours of work.

Article 13. Statistics of household expenditure. The Committee notes the Government’s indication that statistics on household income and expenditure are derived from the Isle of Man Household Income and Expenditure Survey, conducted every five years. The Government still refers to the most recent survey as the one conducted in 2013. The Committee nevertheless notes that the latest survey conducted appears to be the Household Income and Expenditure Survey 2018/2019. The Committee requests the Government to continue to provide information on the data and methodology for compilation of statistics on household income and expenditure in accordance with Article 13 of the Convention, using the most recent survey conducted.

Article 15. Statistics on industrial disputes. The Committee notes that summarized statistics on industrial disputes (strikes and lockouts) were previously available from the administrative records of the Industrial Relations Service and were compiled and disseminated annually. The Committee notes that the Government’s report refers to the “Isle of Man in Numbers” as the source of this data, with the most recent report available for 2017. Nevertheless, the Committee notes that the 2017 report contains no information on industrial disputes. The Committee therefore requests the Government to communicate the most recent published data on industrial disputes (strikes and lockouts) and to provide the relevant methodological information.

Article 16. Acceptance of obligations. The Committee invites the Government to continue to provide information on the possibility of accepting the obligations of Article 11 of the Convention.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for the Isle of Man, respectively, on 18 January 2017 and on 8 January 2019. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

General questions on application. Implementing measures. The Committee noted, in its previous comment, the Government’s indication that the Convention is implemented by the Merchant Shipping (Maritime Labour Convention) Regulations 2013 (SD 234/2013) (hereinafter MS Regulations 2013) and by several additional Regulations and Marine Labour Notices (hereinafter MLN). The purpose of MLNs is to provide guidance on compliance with Isle of Man Regulations and in most cases; therefore MLNs are not legally binding. MLNs are only legally binding if the underlying Regulations specify that something must be done in accordance with a particular MLN. The Committee notes that the 2018 MLC Report, published by the Isle of Man Ship Registry, indicates that the Isle of Man Ship Registry will consider alternative methods of compliance to those set out in the MLN on a case-by-case basis. Recalling that flexible application of the MLC, 2006, is allowed only in the cases and under the conditions provided for in the Convention, the Committee requests the Government to provide detailed information on the alternative methods of compliance that have been considered and granted by the competent authority.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that Regulation 1(3) of the MS Regulations 2013 provides that these Regulations do not apply to pleasure vessels and to ships, which navigate exclusively within 60 nautical miles of the island’s coast. The Committee recalls that Article II, paragraph 1(i) provides that “ship” means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee also recalls that Article II, paragraph 4, provides that the Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. The Committee requests the Government to indicate how it ensures that the Convention applies to all ships navigating beyond inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee further requests the Government to indicate how it ensures that the requirements of the Convention apply to pleasure ships that are ordinarily engaged in commercial activities.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting Standard A1.1, paragraphs 2 and 3, are implemented by the non-binding provisions of the MLN 1.1 Young Persons, the Committee requested the Government to provide further information on the implementation of this requirement of the Convention. The Committee notes the Government’s indication that Regulation 35 of the MS Regulations 2013 gives effect to these requirements of the Convention. The Committee takes notes of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee noted that while section 7.2 of the MLN 1.1 Young Persons contains a list of types of work considered hazardous and prohibits young seafarers from engaging in that type of work, this section is not binding and permits exceptions to this prohibition. The Committee requested the Government to indicate whether the Ship Registry’s determination of hazardous work under MLN 1.1 was made after the consultations prescribed under Standard A1.1, paragraph 4, and to clarify how the national legislation implements the absolute prohibition provided for in the Convention. The Committee notes the Government’s explanation on the consultations that have been carried out in accordance with the Convention. Furthermore, the Committee notes with interest that, in order to give full effect to the requirements of the Convention, Regulation 115 of the MS Regulations 2013 and MLN 1.1 have been amended to remove any exception to the prohibited tasks for young seafarers. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and Standard A1.4, Paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes the Government’s indication that Standard 1.4, paragraph 7, of the Convention is implemented by Regulation 11(2)(g) of the MS Regulations 2013, which provides that a private seafarer recruitment and placement service must examine and respond to any complaint concerning its activities and advise the Department of any unresolved complaint. Noting, however, that this Regulation is giving effect to Standard 1.4, paragraph 5(c)(v), the Committee recalls that Standard 1.4, paragraph 7, provides that the “competent authority” shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers. The Committee requests the Government to indicate how full effect is given to Standard 1.4, paragraph 7.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that the MLN 2.3 on Hours of Work and Hours of Rest indicates that the Isle of Man Ship Registry may permit exceptions to the minimum hours of rest required by the regulations that have been either: (i) produced as part of a collective agreement; (ii) applied for by the shipowner with evidence that the exception being applied for has been agreed by the seafarers and/or the seafarers’ representatives. Recalling that, under Standard A2.3, paragraph 13, exceptions to the limit on hours of rest shall only be permitted by an authorized or a registered collective agreement, the Committee requests the Government to indicate the measures taken to ensure full compliance with this provision of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that Regulation 53 of the MS Regulations 2013 provides that a shipowner is prohibited from … (b) recovering the cost of repatriation from the seafarer’s wages or other entitlements except if – (i) permitted by any applicable collective agreement; and (ii) the seafarer has been found in accordance with any applicable collective agreement, to be in serious default of his or her employment obligations. The Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers’ employment obligations” (Standard A2.5.1, paragraph 3).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note with interest that the MS Regulations 2013 have been amended to give effect to Standard A2.5.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Committee notes that, pursuant to Regulation 61(3) to (5) of the MS Regulations 2013, the requirements concerning crew accommodations on large commercial yachts are those included in three Codes published by the UK’s Maritime and Coastguard Agency, instead of Regulations 61 to 79 of the MS Regulations 2013, which have been adopted to implement Regulation 3.1 and Standard A3.1 of the Convention. The Committee further notes that the MSN 054 issued in January 2019 indicates that the Red Ensign Group Yacht Code, launched on 13 November 2017, is also applicable to all “commercial yachts of 24 metres in load line length or over, constructed on or after 1 January 2019” which are permitted to carry a maximum of 12 passengers. In order to properly assess how Standard A3.1 is applied to large commercial yachts, the Committee requests the Government to provide detailed information on this issue indicating any eventual substantial equivalence adopted for this category of ships.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee notes that the MLN 4.1 indicates that Radio Medical Advice is available to all ships at sea by contacting HM Coastguard. The Committee requests the Government to clarify it these services are provided free of charge to all ships irrespective of the flag that they fly, as required by the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee takes note with interest that the MS Regulations 2013 have been amended to give effect to Standard A4.5.1, paragraphs 8 to 14 and to Standard A4.2.2. The Committee requests the Government to provide an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. Noting that, under Regulation 110(7) of the MS Regulations 2013, the requirement that shipowners provide protective equipment does not apply to self-employed seafarers or any other person working in any capacity on board the ship, who is not employed by the shipowner or the shipowner’s representative, the Committee requested the Government to explain how it ensures that all seafarers are provided with the required protective equipment in accordance with Standard A4.3, paragraph 1(c). The Committee notes the Government’s indication that self-employed seafarers are normally employed on board a ship for a short period for a specialist task which they are familiar with and trained in. Because the task is of a specialist nature, the self-employed seafarers would normally own and bring their own personal protective equipment (PPE) to the ship with them and they have better knowledge than the shipowner to choose and purchase the most appropriate PPE for the task they are carrying out. The Government further indicates that because self-employed seafarers are normally contracted on-board the ship, if new or additional PPE is required it can be factored into the contract which is agreed between the self-employed seafarer and the shipowner. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to provide clarifications concerning the social security benefits of seafarers ordinarily resident in the Isle of Man (around 240 according to the available information). The Committee notes the detailed explanations provided by the Government in this regard, including the specific provisions made for these seafarers in the social security legislation taking into account that their place of work is a ship. The Government indicates that although they may be physically off-island (i.e. technically abroad) when on board ship, this does not affect their Isle of Man domiciled status (See Regulation 117(1)(b) Social Security (Contributions) Regulations 2001 (SI 2001/1004)). The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee recalled that, although the primary obligation regarding social security rests with the Member in which the seafarer is ordinarily resident, Members also have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to non-resident seafarers in the absence of adequate coverage in the applicable branches of social security (Standard A4.5, paragraph 6). Noting that there are 9,684 seafarers working on board Isle of Man flagged vessels, the Committee requested the Government to explain how it gives consideration to this issue. Noting that the Government has not taken any measures in this regard, the Committee requests the Government to provide information on any future developments of the situation.

Regulation 4.5 and Standard 4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. Noting the Government’s indication that the shipowners’ and seafarers’ contributions to relevant social protection and social security systems or schemes are not monitored to verify that they are made, the Committee requested the Government to explain how it ensures compliance with the required contributions to relevant social protection and social security schemes. The Committee notes the detailed information provided by the Government on the enforcement mechanisms contained in its legislation and on the inspections that are carried out. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee requested further information regarding recognized organization. The Committee notes that the Government has provided a document called “Generic Class Agreement”, which contains relevant information concerning survey procedures and issue of certificates by recognized organizations. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes that, under Regulation 10(1) of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2001, where a casualty, accident, or incident occurs, the Department shall decide whether or not an investigation should be carried out. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into “any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag”. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.

[The Government is asked to reply in full to the present comments in 2022.]

Comments adopted by the CEACR: Isle of Man

Adopted by the CEACR in 2020

C017 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Labour administration: Convention No. 150

C102 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C160 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C097 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Isle of Man

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Adopted by the CEACR in 2020

C017 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Labour administration: Convention No. 150

C102 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C160 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C097 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)