Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the detailed information provided by the Government in reply to its previous comment and, in particular, the adoption of the new Maritime Code (Official Gazette RS No. 37/2004) and the Marine Fisheries Act (Official Gazette RS No. 58/2002). It would be grateful to receive further particulars on the following points.

Article 3, paragraph 2, of the Convention. Registration of the articles of agreement. The Committee notes the Government’s indications that the implementing regulations envisaged in Article 218(2) of the Employment Relationships Act (Official Gazette RS No. 42/2002) establishing the procedure for the registration of the employment contract has not yet been adopted. It requests the Government to keep it informed of any development in this respect and to provide a copy of the regulations when they have been adopted.

Article 5. Employment booklet. The Committee notes that under Article 239(1) of the Employment Relationships Act, the Rules on the Employment Booklet remain in force until the adoption of the executive regulations envisaged in Article 224(3) of the Act, unless they are contrary to the Act. While noting the copy of the employment booklet currently in use, the Committee requests the Government to provide a copy of the Rules on the Employment Booklet currently in force (Official Gazette RS Nos 32/91-I, 47/92, 14/95, 35/95 and 57/98). The Government is also asked to provide information on the process of the adoption of the executive regulations envisaged under Article 224(3) of the Employment Relationships Act and to provide a copy when it has been adopted.

Article 7. Crew list. The Committee notes that Article 150 of the Maritime Code provides for a crew list to be kept. It also notes that, according to the indications provided by the Government in its report, the maritime inspector checks whether seafarers working on board a vessel are entered on the crew list. The Committee requests the Government to specify whether the articles of agreement shall be recorded in or annexed to the crew list, as envisaged in this provision of the Convention.

Part V of the report form. The Committee notes the information provided by the Government concerning employment in the fishing sector. It requests the Government to continue providing general information on the application of the Convention in practice including, for instance, extracts from the reports of the inspection and registration services, as well as statistics on the number of fishers signed on each year, the number and nature of the contraventions of the labour legislation in the fishing sector reported, etc.

The Committee also draws the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which was adopted by the International Labour Conference at its 96th Session (June 2007) and revises and updates most ILO instruments on fishing, including Convention No. 114. The Committee requests the Government to pay all due attention to this new global instrument on the working and living conditions of fishers and to keep the Office informed of any decision which it might take with a view to its ratification.