Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 2 and 3 of the Convention. Payment of indemnity against unemployment; Remedies. For many years, the Committee has been pointing out that the provisions of the existing Labour Code No. 71 of 1987 do not give effect to these Articles of the Convention. The Government states that, under the existing Labour Code, the employer shall, in the event of shipwreck of any vessel for unforeseen reasons or in circumstances of force majeure, pay to the workers of the vessel an indemnity against unemployment for the period during which the vessel is wrecked, not exceeding 30 days. Indeed, section 65 of the Labour Code in force provides that, if work has stopped entirely or in part owing to exceptional circumstances or force majeure, the employer shall be required to pay to the workers their wages for the period of stoppage for up to 30 days. Under the Convention, however, seafarers shall be paid, in every case of loss or foundering of their vessel, irrespective of the circumstances, an indemnity against unemployment at the same rate as the wages, which may only be limited to two months. Section 65 of the 1987 Labour Code thus cannot be considered to be in compliance with Article 2 of the Convention.

The Government further indicates that the draft new Labour Code is currently at the stage of being examined in the State Consultative Council in order to finalize the legislative aspects. The Committee therefore requests the Government to make every effort to ensure that, either the necessary amendments to the Labour Code are made or that new relevant legislation is adopted, providing that: (i) in every case of loss or foundering of any vessel, each person employed thereon shall be paid for the days during which he or she remains unemployed, an indemnity against unemployment at the same rate as the wages payable under the contract, although the total indemnity payable to any one seafarer may be limited to two months’ wages (Article 2); and (ii) seafarers have the same remedies for recovering the indemnities as they have for recovering arrears of wages earned (Article 3). The Committee trusts that the Government will take all measures to ensure that full effect is given to Articles 2 and 3 of the Convention, and that it will report on any progress made in its next report.