Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention du travail maritime, 2006 (MLC, 2006) - Grèce (Ratification: 2013)

Autre commentaire sur C186

Demande directe

2019
2016

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The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Greece on 18 January 2017 and 8 January 2019, respectively. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting that Presidential Decree No. 407 of 18 December 2001, entitled “Measures to protect young people employed in relation to maritime labour in shipping and the fisheries sector in accordance with Directive 94/33/EC”, allows for exceptions to the types of work considered hazardous, the Committee requested the Government to clarify how it implemented the absolute prohibition of hazardous work for seafarers under the age of 18 years in accordance with Standard A1.1, paragraph 4. The Committee notes the Government’s indication that according to this provision of the Convention, the prohibition of types of work is determined by national laws or regulations or by the competent authority within the framework of the implementation of article 5 paragraph 2 of the above-mentioned Presidential Decree. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to indicate how it gives effect to Standard A1.1, paragraph 4, giving due consideration to Guideline B4.3.10.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee requested the Government to provide information on whether any collective agreement has been authorized or registered permitting exceptions to the minimum hours of rest, as per Standard A2.3, paragraph 13. The Committee notes the Government’s indication that “no Collective Bargaining Agreement has been ratified to oppose the requirements of the Convention in relation to seafarers’ minimum hours of rest and that this issue is also controlled by the social partners in their consultation procedures for setting the corresponding terms and signing their agreements”. The Committee takes note of this information.

Regulation 2.4 and the Code. Entitlement to leave. Noting that section 9(3) of the MLC Regulation states that “Without prejudice to any specific terms set forth in an applicable collective agreement, any agreement to waive the right to annual leave with pay is prohibited and shall be null and void”, the Committee requested the Government to indicate the measures taken to ensure that any agreement to forgo the minimum annual leave is prohibited, unless in specific cases, restrictively provided for by the competent authority (Standard A2.4 paragraph 3). The Committee notes the Government’s indication that Council Directive 1999/63/EC of 21 June 1999 on the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) states in Article 16 that “Every seafarer shall be entitled to paid annual leave. The annual leave with pay entitlement shall be calculated on the basis of a minimum of 2,5 calendar days per month of employment and pro rata for incomplete months. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.” The Government explains that the aforementioned clause is deemed to provide further restrictions even in cases where according to the Convention the competent authority may provide for cases to forgo annual leave with pay. The Committee takes note of this information.

Regulation 2.5 and the Code. Repatriation. The Committee requested the Government to provide information on how it ensures that shipowners pay for the repatriation of seafarers in all cases when seafarers are entitled to this right. The Government refers once again to section 10(5) of the MLC Regulation which provides exceptions to the entitlement of repatriation where, inter alia, the seafarer employment agreement has been terminated due to violations of the seafarer’s obligations and duties. The Committee recalls that the Convention does not provide that the right to repatriation ends in the above circumstance. It also recalls that if the seafarer employment agreement has been terminated due to violation of the seafarers’ obligations, the seafarer is still entitled to repatriation, although the shipowner may recover – only in case of serious default of the seafarer’s employment obligations – the expenses incurred. The Committee requests the Government once again to adopt the necessary measures to ensure that any provision in the national legislation depriving seafarers from this right is strictly limited to the circumstances allowed under the Convention. In this regard, it requests the Government to bring its legislation into conformity with the Convention. The Committee further requested the Government to provide information on provisions setting out the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”. The Committee notes the Government’s indication in this regard that, in the event of a breach of the seafarers’ obligations under the employment agreement, a regulated inquiry is held by the competent Port Authorities and all necessary field information is collected and evaluated also within the framework of the disciplinary control as stipulated in the relative Public Maritime Law Code section. Noting that under section 10(5) of the MLC Regulation the entitlement of repatriation ends where the seafarer employment agreement has been terminated due to violations of the seafarer’s obligations, the Committee recalls that the shipowner may recover the cost of repatriation only where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective agreements, to be in serious default of the seafarer’s employment obligations. It finally reminds the Government that this situation does not release the shipowner from the obligation to pay for the repatriation in the first instance (Standard A2.5.1, paragraph 3). The Committee requests the Government to indicate whether the inquiry procedure takes place before the reimbursement of the repatriation expenses by the shipowner.

The Committee notes that provisions on repatriation are also included in the Code of Private Maritime Law ratified by Law 3816/1958 (sections 78 et seq.). Noting that the regulation of repatriation under different pieces of legislation may be confusing at the time of defining and implementing such entitlement, the Committee requests the Government to take the necessary measures to harmonize the legislation which gives effect to Regulation 2.5 and the Code.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee notes with interest the Government’s indication that Ministerial Decision 2242.7-2.1/5625/24.1.2017 (Government Gazette Β.159/25.1.2017) was adopted to comply with the new provisions of the Convention. The Committee requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee requested the Government to indicate how the determination of the safe manning levels takes into account the requirements under Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee notes the Government’s indication that the requirement of carrying a cook on board as well as catering personnel in general is recorded in the ship’s articles, i.e. a national maritime document which by virtue of the Public Maritime Code is carried on board Greek vessels. The Government further refers to the Crew List provided for in articles 46 and 47 of the Code of Public Maritime Law (Statutory Decree 187/1973, Government Gazette A’261) and which, pursuant to section 11(2) of the MLC Regulation, meets the requirement for a Minimum Safe Manning Document for ships engaged in domestic voyages. The Committee notes however that the requirements on manning levels, as set by Standard A2.7 paragraphs 1–3, should also apply to ships engaged in international voyages and be reflected in the Minimum Safety Manning Document. Therefore, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.7, paragraph 3, for ships flying its flag and engaged in international voyages. The Committee further requests the Government to provide updated samples of Minimum Safe Manning Documents.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee requested the Government to provide information concerning its implementing legislation for vessels that continue to fall under the application of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). The Committee notes that the Government refers to section 13(2) of the MLC Regulation without providing specific replies to its previous requests. The Committee recalls that in various occasions it indicated to the Government that certain provisions of Conventions Nos 92 and 133 require the enactment of national legislation to ensure their application. Given that all ships built before January 4, 2014 continue to fall under the application of Conventions Nos 92 and 133, the Committee requests the Government once again to take the necessary measures to ensure compliance with the relevant provisions of these Conventions. Noting that under section 13(1) of the MLC Regulation, the provisions of the Regulation do not apply to “ships which are not required to recruit seafarers in accordance with special provisions”, the Committee requested the Government to explain how it ensures that all ships flying the Greek flag provide and maintain decent accommodation and recreational facilities for seafarers that satisfy the requirements of Regulation 3.1 and the Code. The Committee further noted that the exemptions permitted under section 16(1) of the MLC Regulation for “ships under 100 gross tonnage” and under section 17(6) of the MLC Regulation for “ships of more than 500 and less than 3,000 gross tonnage” do not fall within those permitted by the Convention. The Committee requested the Government to indicate how it ensures that any exemptions permitted in relation to Standard A3.1 are limited to those expressly permitted under that Standard. Noting the absence of information in this regard, the Committee reiterates its previous request. The Committee further requested the Government to explain how it ensures that watchkeepers are equally entitled to mess rooms pursuant to Standard A3.1, paragraph 10 of the Convention. The Committee notes the Government’s clarification that section 18(3)(b) of MLC Regulation is “in harmonized implementation of the requirements of Standard 3.1, paragraph 10, which provides that the number of seafarers likely to use them at any one time is to be taken into account for the mess rooms’ size.” It adds that the national legislation does not exclude watchkeepers from the relative protection which before or after their watch are to be provided with food and catering services as appropriate. The Committee takes note of this information, which addresses its previous request on this point. The Committee noted that, under section 20(5)(f) of the MLC Regulation, in passenger vessels of which the crew of standard size exceeds 100 persons of the same sex, one water closet shall be provided per ten persons. Recalling that the only possible exemption for the minimum of one toilet per six person requirement, as set out under Standard A3.1, paragraph 11(f), is for passenger ships normally engaged in voyages of not more than four hours’ duration, the Committee requested the Government to provide clarifications in this regard. The Committee notes the Government’s indication that the pertinent requirements of the Convention for one toilet for every six persons refers to persons who do not have personal facilities and that therefore, when such personal facilities exist, they need to be taken into account at the time of fixing the number of toilets. Thus, according to the Government, each situation is to be examined on an ad hoc basis. While noting this information, the Committee requests the Government to ensure that such special arrangements only apply to passenger ships normally engaged on voyages of not more than four hours’ duration as foreseen by Standard A3.1, paragraph 11(f). Finally, the Committee requested the Government to explain how it ensures compliance with Standard A3.1, paragraph 12. The Committee notes the Government’s explanation that section 21(1) of MLC Regulation provides for separate hospital accommodation to be used exclusively for medical purposes not only on board ships carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration but also on board vessels above 1,600 gross tonnage regardless of the number of seafarers and whether they are engaged in a voyage of more than three days’ duration. The Government further indicates that, within the general framework of administrative procedures for the implementation of the requirements of the Conventions in light of paragraph 8 of article 19 of the ILO Constitution, it was considered that the existing national requirement should be maintained in addition to that of the Convention to maintain the protection rendered even for voyages of less than three days and regardless the number of the crew. The Committee takes note of this information, which addresses its previous request on this point.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee requested the Government to explain how it ensures that the “special salary” referred to in section 28(2) of the MLC Regulation covers the seafarers’ full wages, as required under Standard A4.2.1, paragraph 3(a), and to clarify whether, in accordance with Standard A4.2.1, paragraphs 2 and 4, of the Convention, shipowners are obliged to defray the expenses of medical care and to pay wages of sick or injured seafarers for not less than 16 weeks from the day of the injury or the commencement of the sickness, unless the seafarer has recovered or the sickness or incapacity has been declared of a permanent character. The Committee notes the Government’s indication that the coverage provided in the second sentence of section 28(2) of MLC Regulation “commences after the seafarer’s employment agreement has been terminated since when in service agreement all terms for protection of wages and health are active and applicable. Thus the allowance on determining a special sickness wage which is agreed on the basis of collective bargaining agreements that are controlled for compatibility with the Convention does not apply in cases where the employment may be deemed in force, as explicitly provided in paragraphs 1 and 2 of section 28 of the MLC Regulation.” The Committee takes note of this information which addresses its previous request.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes with interest the Government’s indication that Ministerial Decision 2242.7-2.1/5625/24.1.2017 (Government Gazette Β’159/25.1.2017) was adopted to comply with the new provisions of the Convention.

Regulation 4.3 and Standard A4.3, paragraph 3. Health and safety protection and accident prevention. Regular review of laws and regulations. The Committee requested the Government to provide updated information on the involvement of shipowners’ and seafarers’ organizations in the regular review of laws and regulations, as required under Standard A4.3, paragraph 3. The Committee notes the Government’s indication that records of cases of accidents, injuries and sickness are being compiled to assess the suggested general framework under which the consultations are conducted which entail technical arrangements. Nevertheless, in cases where finalized inquiries indicate a compelling need to amend the pertinent legislation, all the necessary initiatives should be taken. Also and in accordance with the pertinent legislation regarding the functioning of the Merchant Shipping Council, the social partners may submit any relative proposal to be discussed in order to promote the adoption of further legislative or other measures. The Committee takes note of this information.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to provide further information concerning its implementing national legislation and policies with respect to the social security benefits provided to seafarers. While noting the information provided by the Government, the Committee notes that no references to implementing legislation were provided in relation to medical care, old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee accordingly reiterates its previous request. The Committee further requested the Government to explain why benefits provided with respect to two of the branches specified in accordance with Standard A4.5, paragraphs 2 and 10, i.e. medical care and unemployment benefits, are less favourable than the benefits provided to shoreworkers resident in Greece. The Committee notes with interest the Government’s indication that Greece has taken the necessary steps to achieve progressively protection to seafarers and their dependants that it is not less favourable than that enjoyed by shore workers. Notwithstanding the adverse financial circumstances, the corresponding legislation has been amended by Law 4504/2017 (A’184), section 111 in order to harmonize the requirements for medical protection of the children of seafarers provided by the House of the Seafarer (Public Insurance Organization) with those applicable for the vast majority of shoreworkers. Furthermore, the amount of unemployment benefit provided was increased also by the aforementioned section. The Committee takes note of this information. The Committee notes that the Government provided no information in relation to the supplementary benefits on Holidays (Christmas and Easter) granted to seafarers. The Committee accordingly requests the Government to provide specific information in this regard. The Committee further requested the Government to explain how it takes into account Guideline B4.5 when implementing Standard A4.5, paragraph 5, and ensures compliance with the required contributions to relevant social protection and social security schemes. The Committee notes the Government’s indication that “through the crew list (naftologio), contributions are levied by all shipowners and seafarers, which cover their health care, allowances and family and unemployment, pension benefits (main pension for old age, incapacity-disability, accident, death, participation and subsidiary as well as a lump sum provider)”. The Committee takes note of this information. Noting that the Government had initiated a process of legislative reform of its pension system, the Committee requested the Government to provide clarifications as to the legislative reforms and the impact of such reforms on the Seafarers’ Pension Fund (NAT). The Committee notes that the Government provided no answer in this respect. The Committee also notes that under Law 4387/2016 (Government Gazette A’85) on a Unified Social Security System - Reform of pension-insurance system, all previous insurance bodies, including Seafarers’ Pension Fund (NAT) (article 53) have been unified under a single body of social security (EFKA). The Committee further notes that Ministerial Decision Φ.8 of 2017 (Government Gazette B’3677/2017), which implements Law 4387/2016, applies to “… seafarers registered with the competent authority of the Ministry of Maritime Affairs and Fisheries, or seafarers holding a certificate of seafarership equivalent to that of the countries of the European Union: 1. Greek nationals and/or nationals of the countries of the European Union who are members of a crew of a ship flying the Greek flag or the flag of a European Union country operating within the boundaries of the Hellenic Maritime Area, as well as of the ships flying a foreign flag contracted with the Seafarers’ Pension Fund (NAT); …”. The Committee requests the Government to clarify whether the term “Greek nationals” also encompasses permanent residents. With respect to seafarers who are nationals of Greece or other EU Members, the Committee requests the Government to provide information on: (i) the social security coverage, in the branches specified, of those who work on board EU-flagged ships outside the boundaries of the Hellenic Maritime Area; and (ii) the criteria according to which those who work on board ships flying a foreign flag are affiliated to the NAT.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee requested the Government to provide information on any measures adopted under Standard A4.5, paragraph 6 in relation to benefits to non-resident seafarers working on ships flying the Greek flag who do not have adequate security coverage. The Committee notes the Government’s indication that in the context of the application of the detailed periodic declaration of seafarers (APDN), a register is established for EU seafarers and their payment of contributions, in order for them to benefit from the protection of social insurance. The Committee requests the Government to indicate how Standard A4.5, paragraph 6 is implemented with respect to non-EU seafarers working on board Greek-flagged ships, both under the common Registry and under Presidential Decree 2687/1953 (ships registered as foreign capital).

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee requests the Government to provide information on the procedures of the settlement of disputes relating to social security for seafarers, as per Standard A4.5, paragraph 9 of the Convention.

Regulation 5.1.5 and Standard A5.1.5, paragraph 3. Flag State responsibilities. On-board complaint procedures. Victimization. Recalling the importance of enabling seafarers to file a complaint and to protect seafarers against victimization and harassment, the Committee requested the Government to provide further explanations concerning how it implements Standard A5.1.5, paragraph 3. The Committee notes the Government’s reference to section 33 of the MLC Regulation within the framework of which the term “victimization” covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made. Furthermore, any complaint or information which may fall under the aforementioned term is monitored and thoroughly investigated by the port and/or consular authorities under also the guidance and orders of the judicial authorities if required and all supporting documentation is gathered in order to substantiate any complaint for victimization. The Committee takes note of this information, which addresses its previous request.