Solicitud directa (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

Article 1, paragraph 2, of the Convention. In its earlier comments the Committee had pointed out that (a) under article 102, paragraph 2(b), of the Act on the merchant navy, part V of this law which contains provisions concerning the payment of unemployment indemnity in case of loss or foundering of the ship did not apply to pleasure boats, and (b) under article 103, paragraphs 1 and 2, of the same Act, the Minister may, by means of a notice published in the Official Gazette, exclude from part V of the Act any boat or category of boats either for a prescribed period of time or for one or more voyages. The Committee had consequently drawn the attention of the Government to the fact that the Convention applies to "all ships and boats of any nature whatsoever engaged in maritime navigation whether publicly or privately owned; it excludes ships of war". It does not allow for exceptions in the case of particular boats or categories of boats.

In its report the Government indicates that legislation relating to vessels of low tonnage has been drafted and contains provisions concerning the safety of seafarers. Statutory provisions will subsequently be adopted whereby the crews of such vessels will enjoy the protection provided by the Convention. It adds that a certain number of provincial maritime governments have already adopted the legislation in question.

The Committee hopes that the statutory regulations mentioned by the Government will be adopted in the near future to ensure that seafarers employed on vessels of low tonnage, and especially on pleasure boats, are given the protection provided for by the Convention. It also hopes that on this occasion powers of exemption provided by article 103 of the above-mentioned Act of 1975 can be repealed. It would be grateful if the Government would supply informnation on the progress made in this respect.

It would also be glad to receive a copy of the text of the new legislation relating to vessels of low tonnage, which has not yet been received at the ILO, as well as a copy of all statutory provisions once they have been adopted.

Article 2. The Committee takes note of the Government's statement according to which the Act on the merchant navy is being amended, and that the amendment will include a modification of article 127, paragraph 2(a), of the Act which, contrary to the Convention, specifies that the unemployment indemnity need not be paid if it has been proved that the seaman has not made reasonable efforts to save the vessel, the persons or the goods being transported. The Committee again expresses the hope that the Government will be in a position to state in its next report that the provision in question has been repealed.