Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 - Chypre (Ratification: 1966)

Autre commentaire sur C114

Observation

Demande directe

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Article 3 of the Convention. Conditions for signing the articles of the agreement. The Committee had requested the Government to indicate what facilities are given to fishers to examine the articles of agreement and seek advice before signing them. The Committee notes the Government’s indication in its report that any fisher, before signing the contract of employment, can either contact the Department of Merchant Shipping or the relevant workers’ organizations to seek advice. The Committee further notes, in this regard, the Government’s previous statement that a copy of the contract of employment, signed by both the fisher and the employer, is deposited with the Department of Merchant Shipping. While noting this information, the Committee requests the Government to indicate the relevant legal provisions implementing this Article of the Convention.

Article 6. Particulars of the agreement. The Committee takes note of the copy of the standard contract of employment currently in use by the Department of Merchant Shipping provided by the Government. The Committee recalls that Article 6(3) of the Convention requires that the agreement contains certain particulars, except in so far as the inclusion of one or more of them is rendered unnecessary by the fact that the matter is regulated in another manner by national laws or regulations. It notes that the standard contract does not include the following particulars: (a) the date of birth or age and birthplace of the fisher; (b) the place at which the agreement was completed; (c) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (d) if possible, the place at which and date on which the fisher is required to report on board for service; and (e) the scale of provisions to be supplied to the fisher, unless some alternative system is provided for by national law. The Committee therefore requests the Government to indicate the measures taken or envisaged so that the standard contract of employment is fully in line with the requirements of Article 6 of the Convention.

Furthermore, the Committee notes Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). According to its Article 4(1), Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. The Committee requests the Government to provide information on any new laws or regulations related to the Convention adopted in the context of the implementation of the abovementioned Directive.