Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention du travail maritime, 2006 (MLC, 2006) - Albanie (Ratification: 2016)

Autre commentaire sur C186

Observation

Demande directe

2023
2022

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) submitted after an initial examination by the Committee on the basis of information publicly available, in the framework of the “urgent appeal” procedure. Following a review of the information provided, 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.

Article II of the Convention. Definitions and scope of application. Noting the absence of information in this respect in the Government’s report, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the national legislation applies to all seafarers and ships as defined in Article II, paragraphs (1)(f) and (i), 2 and 4.

Article VII. Consultations. The Committee brings the attention of the Government to the fact that a number of provisions of the Convention provide for consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to list the shipowners’ and seafarers’ organizations that the competent authority or authorities consult in matters relating to the application of the Convention, and to indicate the arrangements for consultations with such representative organizations as required by the Convention or the appropriate national regulations.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that according to article 108 of the Maritime Code, only persons who have reached the age of 16 can be employed in Albanian vessels; persons who have reached the minimum age according to the Labour Code may only be employed in small vessels. Recalling that Standard A1.1, paragraph 1 does not allow for any exceptions, the Committee accordingly reiterates its request to the Government to adopt the necessary measures to ensure that no person under 16 years may be employed, engaged or work on any ship to which the Convention applies.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In reply to the Committee’s previous comment, the Government indicates that night work is defined by section 80 of the Labour Code as work carried out between 10 p.m. to 6 a.m., and that it is prohibited to seafarers under 18 (Section 101 of the Labour Code). The Committee requests the Government to adopt the necessary measures to ensure (i) that night work prohibited to seafarers under 18 shall cover a period of at least 9 hours (Standard A1.1, paragraph 2); and (ii) that exceptions to such prohibition are only allowed in conformity with Standard A1.1, paragraph 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work.Noting the Government’s reply that no applicable provisions exist in this respect, the Committee reiterates its previous request to the Government to take the necessary measures to determine the types of hazardous work for seafarers under 18 years of age, after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.2 and the Code. Medical certificate. The Committee notes the Government’s indication, in reply to its previous comment, that section 143 of the Maritime Code of the Republic of Albania regulates medical examinations. The Government also indicates that order of the Minister of Transport No. 113, dated 13.12.2011 on training and certification of seafarers, regulates the requirements concerning the nature of the medical examination and the right of appeal (sections 10 and 11), and defines the standard wording in the medical form. The Committee notes however that the Government does not provide the text of such provisions and does not clarify if such order gives effect to R 1.2 and Standard A1.2 with respect to seafarers who are not members of the crew and who are not of Albanian nationality. In order to assess the compliance with the requirements of the Convention, the Committee requests the Government to provide a copy of the Order of the Minister of Transport No.113, dated 13.12.2011 for the approval of the Regulation on training and certification of seafarers.

Regulation 1.3. Training and qualifications. The Committee notes that Order No. 134 of the Minister of the Infrastructure and Energy, dated 27.6.2022, on the approval of the regulation on the minimal level of the seafarers’ training, provides that the General Maritime Directorate takes the necessary measures to ensure that sailors who serve on board ships sailing at sea and carrying the Albanian flag are trained in accordance with the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978. The Committee also notes that the Government has not provided information on the national provisions which prescribe mandatory personal safety training for all persons working on board. The Committee recalls that under Regulation 1.3, paragraph 2, seafarers who are not members of the crew shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. The Committee therefore requests the Government to indicate the measures taken to ensure full compliance with these requirements of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that there are no public or private recruitment services operating in the country, that no shipowners use recruitment and placement services that operate in countries that have not ratified the Convention, and that there are no national provisions for licensing and monitoring seafarer recruitment and placement services. The Committee requests the Government to provide information on how seafarers are recruited for working on ships flying the Albanian flag and on ships flying the flags of other countries, and to indicate how it gives effect to Standard A1.4, paragraph 8 (measures to advise its nationals on the possible problems of signing on a ship that flies the flag of a country which has not ratified the Convention).

Regulation 2.1 and the Code. Seafarers’ employment agreements.Noting the absence of information in this respect in the Government’s report, the Committee requests the Government to provide information on how it ensures compliance with these provisions of the Convention.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. Noting the absence of information in this respect in the Government’s report, the Committee reiterates its previous request.

Regulation 2.2 and the Code. Wages.Noting the Government’s indication in its report that there are currently no national laws or regulations in this respect, the Committee requests the Government to take the necessary measures to ensure full conformity with Regulation 2.2 and the Code of the Convention, and to provide a copy of the relevant national provisions with its next report.

Regulation 2.3 and Standard A2.3, paragraphs 7 to 9, 12 and 14. Hours of work and hours of rest. Drills, on call work, immediate safety and distress at sea. Records. The Committee notes the Government’s indication that there are currently no requirements relating to the minimizing of disturbances by drills, on call work, immediate safety and distress at sea and the granting of compensatory rest, and that there are no national provisions to ensure the recording of accurate daily hours of work or rest. The Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.3, paragraphs 1, 7 to 9, 12 and 14.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Recalling that Standard A2.4 calls for the adoption of laws and regulations, and noting the absence of national provisions in this respect, the Committee requests the Government to take the necessary measures to give full effect to Regulation 2.4, paragraph 2.

Regulation 2.5 and the Code. Repatriation. The Government indicates in its report that section 129 of the Maritime Code foresees that when the employment ends before the date specified in the contract while the seafarer is in a foreign port for health disability, or the contract ends for serious defect, obsolescence, destruction of the vessel or running aground, the seafarer is entitled to the costs of repatriation. The Committee requests the Government to provide information on how it ensures that shipowners pay for the repatriation of seafarers in all cases where seafarers are entitled to this right (Standard A2.5, paragraph 1), specifying the precise entitlements to be accorded by shipowners, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered, and other arrangements (Standard A2.5, paragraph 2(c)). The Committee also notes the Government’s indication that the existing legislation does not establish a maximum period of service on board following which a seafarer is entitled to repatriation, as required by Standard A2.5, paragraph 2(b).The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to these requirements of the Convention. Finally, recalling that ships must provide financial security to ensure that seafarers’ repatriation takes place, the Committee further requests the Government to provide information on the measures adopted or envisaged to give full effect to the provisions of Regulation 2.5, paragraph 2.

Regulation 2.7 and the Code. Manning levels. The Committee notes that section 100 of the Maritime Code provides that the crew composition is determined by the shipowner but in any case it should have, among others, a cook; depending on the size of the vessel, one person can do several functions, when they are professionally capable. The Committee also notes the Government’s indication that there are no national provisions specifically requiring to take into account the need to avoid or minimize excessive hours of work and limit fatigue (Standard A2.7, paragraphs 1 and 2) and food and catering requirements (Standard A2.7, paragraph 3) when determining manning levels. The Committee requests the Government to adopt the necessary measures to fully take into account all the requirements of Standard A2.7 when determining manning levels. It also requests the Government to provide information on any machinery established by the flag State for the investigation and settlement of complaints or disputes concerning the manning levels on a ship (Guideline B2.7).

Regulation 2.8 and the Code. Career and skill development and employment opportunities. The Committee notes the Government’s reply to its previous comment that the Order of the Minister of Transport No. 113, dated 13.12.2011, provides the level of training and certification necessary for the Albanian seafarers to work in shipping, and that Albania does not have a register that govern the access of seafarers to employment. The Committee requests the Government to provide information on any developments regarding the adoption of national policies that encourage career and skill development and employment opportunities for seafarers.

Regulation 3.1 and the Code. Accommodation and recreational facilities. In reply to the Committee’s previous comment, the Government indicates that on-board inspections of seafarers’ accommodations are to be carried out every 6 months and that national legislation does not set requirements for hospital accommodation or recreational facilities, and that no exemptions have been given to ships of less than 200 gross tonnage. The Committee notes that the Government has not provided any information regarding the provisions regulating accommodation on board Albanian flagged vessels. It also notes that section 144 of the Maritime Code contains only a general provision establishing that the living conditions of the crews on Albanian ships are approved by the health commission, concerning the positions of sleeping places, the minimum space for each person in the sleeping compartments, the necessary equipment for sleeping and other common areas, measures to protect the crew from injuries, heat, cold, and noise on board, equipment for water, heating, lighting, ventilation, and sanitary facilities. Recalling that the competent authority of each Member shall adopt laws and regulations requiring that ships that fly its flag meet the minimum standards for on-board accommodation and recreational facilities that are set out in Standard A3.1 paragraphs 6–17 (Standard A3.1, paragraph 5), the Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention.

Regulation 3.2 and the Code. Food and catering. Noting that the Government has not responded to its request on this matter, the Committee requests the Government to provide information on the measures taken to ensure full compliance with Standard A3.2, paragraphs 1 and 2 on minimum standards for the quantity and quality of food and drinking water and catering standards with respect to all seafarers working on ships covered by the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Government indicates in its report that, according to section 112 of the Maritime Code, when a crew member of an Albanian vessel, during a voyage or in a foreign port, receives necessary medical treatment to preserve their health, which cannot be delayed without jeopardizing their life, the expenses are covered by the employer. The Committee notes that no information is provided on whether health protection measures and medical care provided free of charge to seafarers also include the right to visit a qualified medical doctor or dentist without delay in ports of call (paragraph 1(c)), as well as measures of a preventative character (paragraph 1(e)).The Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention and to provide information on how it ensures that seafarers on board Albanian flagged vessels are given health protection and medical care as comparable as possible to that which is generally available to workers ashore (Standard A4.1, paragraph 1(b)).

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that the provisions indicated by the Government only cover limited aspects of the shipowners’ liability under Regulation 4.2. The Committee recalls that Standard A4.2.1, paragraph 1, provides for the adoption of laws and regulations requiring that shipowners of ships that fly the Member’s flag are responsible for health protection and medical care of all seafarers working on board the ships in accordance with the minimum standards provided for in paragraphs 1 and 3 of this Standard, with the possible limitations and exemptions envisaged in paragraphs 2 and 4 to 6. The Committee also notes that section 113 of the Maritime Code provides for seafarers’ property to be safeguarded in case of the seafarers’ death but does not make similar provision in case of seafarers’ sickness or injury, as provided for under Standard A4.2.1, paragraph 7. The Committee requests the Government to indicate the measures adopted to give full effect to the specific requirements of Standard A4.2.1, paragraphs 1 to 7.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, in reply to its previous comment, the Government refers to generally applicable provisions respecting health and safety at the workplace. For the implementation of the provisions of Law No. 10237 dated 18.02.2010, on occupation safety and health, the responsible state authorities’ draft regulations according to their field of activity (such as maritime), for determining the procedures and structures for controlling the implementation of the provisions of the law. The Committee notes, however, that the Government refers in this regard to a regulation on minimum requirements for occupational safety and health on the board of fishing vessels and to section 142 of the Maritime Code, which do not implement the detailed requirements of the Convention. The Committee requests the Government to indicate the specific legislative provisions and other measures that give effect to Regulation 4.3, paragraph 3, and to the detailed requirements of Standard A4.3. The Committee also requests the Government to provide information on the national guidelines for the management of occupational safety and health on board ships that are to be adopted after consultation with representative shipowners’ and seafarers’ organizations (Regulation A4.3, paragraph 2).

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes the Government’s reply to its previous comment referring to sections 14 to 16 of the Law no. 10237, dated 18.02.2010, on occupational safety and health, which provide for the establishment of an Occupational Safety and Health Council in enterprises with more than 50 employees. The Committee recalls that Standard A4.3, paragraph 2(d), provides that a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. The Committee requests the Government to indicate the measures adopted to give full effect to this requirement of the Convention.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee notes that the Government refers to the regulation on the minimum requirements of occupational safety and health on the board of fishing vessels, which are excluded from the scope of application of the Convention, and to section 148 of the Maritime Code, which does not address the requirements of the Convention. The Committee therefore requests the Government to provide information on the manner in which (i) occupational accidents, injuries and diseases are reported taking into account guidance from the ILO; (ii) statistics regarding occupational accidents and diseases relating to seafarers covered by the Convention are kept, analysed and published and on how they are analysed by the shipowner when conducting a risk evaluation in relation to occupational health and safety on board.

Regulation 4.4 and Standard A4.4, paragraph 3. Access to shore-based welfare facilities. Welfare boards. Noting the absence of information in this respect in the Government’s report, the Committee reiterates its previous request to the Government to provide information on any measures taken to encourage the establishment of welfare boards for regularly reviewing welfare facilities and services, as required by the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that all residents of Albania have access to medical care through the universal healthcare system. It also notes the legislative provisions and information provided by the Government on the monitoring of contributions made by shipowners and seafarers, and on the established procedures for the settlement of disputes relating to social security. The Government also indicates that it has signed social protection agreements with several countries, to determine the applicable legislation to seafarers who work on board ships flying the flag of one of the contracting states, and provide for the maintenance of the rights of seafarers falling under the purview of such agreements. The Committee takes note of this information. In reply to the Committee’s previous comment, the Government further indicates that seafarers are covered by Law No. 7703, dated 11.05.1993, on social insurance in the Republic of Albania, as amended, which provides for compulsory social insurance of all economically active people (employees and self-employed people) in case of reduced income as a result of pregnancy, old age, disability and loss of a breadwinner. Employees are also covered as regards to temporary disability at work due to illness, accident at work and occupational diseases and unemployment. The Committee requests the Government to clarify whether seafarers ordinarily residents in Albania who work on ships flying the flag of countries not covered by the above-mentioned bilateral agreements are granted social security benefits under the Albanian social security system, which are no less favourable than those enjoyed by shoreworkers resident in Albania (Standard A4.5, paragraph3). It further requests the Government to indicate if consideration has been given to ways to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6). The Committee notes that the Government has not provided information on other legislative measures currently planned to improve the benefits currently provided to seafarers or to extend social security protection for seafarers to branches not covered at present (Standard A4.5, paragraph 11). The Committee requests the Government to keep it informed on any future developments in this regard.

Regulation 5.1 and the Code. Flag state responsibilities. The Committee notes the Government’s indication that no national provisions have been adopted to implement the specific procedures and requirements provided for under Regulation 5.1 of the Convention with regard to flag State responsibilities. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Regulation 5.1 of the Convention, including with regard to Regulation 5.1.3 on the maritime labour certificate and declaration of maritime labour compliance and Regulation 5.1.4 on inspection. In the absence of information in this respect in the Government’s report, the Committee also requests the Government to indicate the measures taken to give effect to Regulation 5.1.6 concerning inquiries on serious marine casualties.

Regulation 5.2 and the Code. Port State responsibilities.Noting the absence of information in this respect in the Government’s report, the Committee requests the Government to provide information on how it ensures compliance with these provisions of the Convention.

[The Government is asked to reply in full to the present comments in 2026 .]