Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Article 9, paragraph 1, of the Convention. With reference to its previous comments, the Committee notes the content of the two clauses on termination of employment relationships in collective agreements CC-35/88 and CC-713/87 referred to in the Government's report. It notes, however, that these clauses refer to the application not of Article 9 of the Convention, but Article 11 (circumstances in which the owner or master may immediately discharge a seafarers). Furthermore, the Committee would like to point out once again that Article 9(3) does not give States which ratify the Convention an unlimited right to depart from the general rule established in Article 9, paragraph 1, but establishes a special rule to be applied in exceptional circumstances to be determined by the national legislation, in which notice even when duly given shall not terminate the agreement. Since the circumstances are exceptional which is not the case for vessels in foreign ports they do not warrant the adoption of a general rule to replace the rule of Article 9(1). Consequently, the provision of section 209(III) of the Federal Labour Act cannot be regarded as consistent with the Convention since it provides that agreements cannot be terminated when the vessel is abroad; it amounts to a normal circumstance which is inconsistent with Article 9, paragraph 1.

The Committee again urges the Government to take the necessary steps to amend the national legislation to bring it into conformity with this provision of the Convention.

The Committee raises another point in a direct request to the Government.

[The Government is asked to report in detail in 1996.]