Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 2, subparagraph (b), of the Convention. Inspection of food, water and accommodation. In its report, the Government indicates that section 49 of the Maritime Labour Act No. 854 of 20 April 1967 provides that any supervision, inspection and monitoring arising from the implementation of the Act will be carried out by the Ministry of Labour and Social Security.

Section 5 of the Regulations on Accommodation, Food and Catering for Seafarers and Seafarers’ Health of 20 December 1989, confirms that the officials of the Ministry of Labour and Social Security responsible for monitoring and inspection will perform inspections with a view to ensuring that the regulations are properly enforced.

Section 7(c) of the Decree-Law on the Organization and Duties of the Under-Secretariat for Maritime Affairs No. 491 of 1 August 1993 describes the duties of the General Directorate for Maritime Transport which consist, in particular, of inspecting Turkish vessels to ensure safety of life and property on board.

Given the overlapping duties of the General Directorate for Maritime Transport of the Under-Secretariat for Maritime Affairs and of the Ministry of Labour and Social Security, the Committee asks the Government to submit additional information on the interaction between the inspections performed by the Ministry of Labour and Social Security and the inspections carried out by the General Directorate for Maritime Transport.

Article 2, subparagraph (d). Research, educational and propaganda work. The Government in its report indicates that this provision of the Convention is applied within the framework of the Food and Accommodation Regulations. The Committee asks the Government to describe the manner in which the competent authority (the Ministry of Labour and Social Security and the Ministry of Health) discharges its functions in relation to research, education and publications concerning the methods of ensuring proper food supply and catering service.

Article 3. Cooperation with shipowners’ and seafarers’ organizations and national or local authorities. With the exception of the provisions concerning the Food Allowance Board, the Food and Accommodation Regulations do not contain any provision referring to arrangements for cooperation. The same holds true for the Maritime Labour Act and the Seafarers’ Regulations. No indications have been given as to the national and local authorities concerned and as to the manner in which the governmental administrations interact. The Committee asks the Government to furnish particulars concerning:

(i)    the other national and local authorities concerned with questions of food and health;

(ii)   the arrangements made to ensure cooperation between the Ministry of Labour and Social Security, the Ministry of Health and the Under-Secretariat for Maritime Affairs, on the one hand, and, on the other, the shipowners’ and seafarers’ organizations and national or local authorities concerned with questions of food and health;

(iii) measures taken to ensure coordination between the activities of the various authorities.

Article 4. Permanent and qualified staff of the competent authority. In its report, the Government does not give information on the status and qualifications of the officials of the Ministry of Health competent to handle food and catering of ships’ crews.

In its most recent observation (2006) on the application of Convention No. 81, the Committee noted, among other things, that the total number of labour inspectors has decreased significantly. Comments were made on the issue by workers’ organizations.

The Committee, therefore, asks the Government to:

(i)    provide information on the status and qualifications of the officials of the Ministry of Health competent to handle food and catering of ships’ crews;

(ii)   describe the manner in which labour inspectors of the Ministry of Labour and Social Security can effectively discharge their functions in relation to the matters mentioned in Article 2, subparagraph (b), of the Convention and, in particular, whether they benefit from any relevant training and receive any specific means;

(iii) submit further information on the qualifications, status and duties of the maritime affairs experts of the Under-Secretariat for Maritime Affairs and provide a copy of the regulations mentioned in section 26 of the Decree-Law on the Organization and Duties of the Under-Secretariat for Maritime Affairs.

Article 6. System of inspection by the competent authority provided under national laws or regulations. In its report, the Government refers to the information given under Articles 2, 4, 8 and 9 of the Convention without submitting further indications.

The Committee asks the Government to:

(i)    adopt laws or regulations to provide, as required by this provision of the Convention, for a system of inspection by the competent authority of food and water supplies, related spaces and equipment, galleys and other equipment for the preparation of meals and qualifications of staff members of the catering department;

(ii)   furnish particulars on the organization and working of labour inspection in practice as far as food and catering issues on board are concerned;

(iii) indicate whether the inspectors of the Inspection Board of the Under-Secretariat for Maritime Affairs sometimes come across matters relating to food and catering on board and, if so, the manner in which they interact with the labour inspectors of the Ministry of Labour and Social Security.

Article 7, paragraph 1. Inspections at sea. The Committee asks the Government to indicate:

(i)    whether the inspection by the catering board provided under section 27 of the Food and Accommodation Regulations also encompasses the inspection of the spaces and equipment used for the storage and handling of food and water, and galley and other equipment for the preparation and service of meals;

(ii)   whether the internal regulations provided for under section 15 of the Food and Accommodation Regulations systematically indicate the intervals at which inspections at sea should be carried out by the catering board.

Article 7, paragraph 2. Record of inspections. The Food and Accommodation Regulations do not specify whether the results of the inspection by the catering board are recorded, for example in the catering logbook. Please indicate whether the results of the inspections by the catering board are systematically recorded, for example in the catering logbook provided for under section 6 of the Food and Accommodation Regulations.

Article 8. Special inspection following complaints. In its report, the Government describes in general terms the procedure applicable to complaints and requests submitted to the regional administration of the Ministry of Labour and Social Security, but does not explain how this procedure is implemented in practice in relation to the matters governed by the Convention. The Committee notes that, in accordance with the Food and Accommodation Regulations, the internal regulations must indicate the disciplinary procedures to which the catering service personnel are subject and the competent authority to which the complainant shall apply. The Committee further notes that, under section 27 of the Regulations, any unresolved complaint concerning the catering service submitted to the chairperson of the catering board, shall be recorded in the catering logbook. Please provide more detailed information on the implementation of the procedure established for dealing with complaints falling within the scope of the Convention. Specifically, please:

(i)    explain how the procedure normally applicable to complaints submitted to labour inspectors is implemented in an effective manner in the case of complaints concerning food and catering on board;

(ii)   describe the disciplinary procedures to which the catering service personnel are subjected in the internal regulations required under section 15 of the Food and Accommodation Regulations, and specify the competent authorities responsible for implementation;

(iii) indicate what follow-up is given to unresolved complaints concerning the catering service that are recorded in the catering logbook.

Article 9, paragraph 3. Regular reports. The Government indicates that labour inspectors’ programmes of work are established on an annual basis divided according to monthly work assignments. In principle, labour inspectors are expected to complete their work assignments and to report by the end of the month. Please indicate by what means it is ensured that the regular reports submitted by labour inspectors are framed on uniform lines.

Article 10. Annual report of the competent authority.  In its report, the Government indicates that the chairperson of the Labour Inspection Board prepares each year a report which is regularly transmitted to the ILO. The last report was transmitted on 23 May 2006. No specific information on the maritime sector and, in particular, on food and catering on board, was contained in this report. The Committee requests the Government to ensure that the annual report of the Labour Inspection Board covers food and catering of ships’ crews and is made available to all bodies and persons concerned. Please provide information on any progress made in this respect.

Article 11. Training and refresher courses. In its report, the Government indicates that under the Seafarers’ Regulations, training courses are organized for staff members working in the catering department of ships. These training courses are organized by private schools authorized by the Minister of National Education upon recommendation of the Under-Secretariat for Maritime Affairs.

Section 4(5) of the Seafarers’ Regulations provides for “Directives for Training and Assessment”, which should identify training and education requirements for seafarers. Section V of the Regulations deals with quality standards in training, testing, certification, assessment and inspection but does not provide for any training or refresher courses.

The Committee asks the Government to:

(i)    provide further details on the training courses organized for staff members employed in the catering department of seagoing ships and, in particular, on the schools organizing such courses and the contents of the courses;

(ii)   indicate whether refresher courses are organized and give details of such courses;

(iii) submit a copy of the “Directives for training and assessment” referred to in section 4(5) of the Seafarers’ Regulations.

Article 12. Collection and publication of information. Please describe the measures taken or envisaged to ensure that the competent authority, designated to discharge the functions provided for under Article 2, subparagraph (d), of the Convention, effectively collects information on nutrition, methods of storing, preserving, cooking and serving food, with special reference to the requirements of catering on board ship, and makes it available to interested persons.

Part IV of the report form. Court decisions. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, supply the text of these decisions.

Part V of the report form. Practical application. Please give a general appreciation of the manner in which the Convention is applied in Turkey, including, for instance, extracts from the reports of the inspection and registration services, any available information as to the number and nature of complaints which may have been made by members of ships’ crews (Article 8), and the penalties imposed (Article 9).