Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Article 9, paragraph 1, of the Convention. For several years, the Committee has been pointing out that section 209(III) of the Federal Labour Act, which provides that seafarers may not be discharged when the ship is abroad, is contrary to this provision of the Convention, which provides that an agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads, provided that the notice specified in the agreement which shall not be less than 24 hours shall have been given. The Committee notes the Government's opinion expressed in its report that this Article of the Convention coincides with the provisions of section 196 of the Federal Labour Act and that the eighth clause of collective agreement CC-713-87 gives effect to this provision of the Convention. The Committee notes that section 196 refers to the port of return of the seafarer when the articles of agreement are completed, and is therefore related to the repatriation of the seafarer, but that it does not cover the possibility provided by this provision of the Convention for both parties to terminate an agreement for an indefinite period in any national or foreign port where the vessel loads or unloads. With regard to the clause aforementioned, the Committee is bound to point out once again that this refers exclusively to the conclusion of an agreement "for a voyage" and not "for an indefinite period", as set out in Article 9, paragraph 1, of the Convention.

The Committee once again urges the Government to take the necessary measures to amend the legislation in order to bring it into compliance with this provision of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.