Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las obligaciones del armador en caso de enfermedad o accidentes de la gente de mar, 1936 (núm. 55) - Türkiye (Ratificación : 2005)

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Article 1 of the Convention. Scope of application. The Committee recalls its previous comment, in which it noted that section 1 of the Maritime Labour Code of 1967 limits its application to vessels of 100 gross tons and above. In this regard, the Committee once more draws the Government’s attention to the fact that the Convention permits exceptions only in respect of vessels of less than 25 gross tons. The Committee accordingly requests the Government to take the necessary steps to ensure that the implementing legislation covers all seafarers employed on board any Turkish-flagged vessel – irrespective of tonnage – engaged in maritime navigation, as prescribed by this Article of the Convention.

Article 3(b). Provision of board and lodging. While noting the Government’s reference to section 21 of the Social Insurance and Universal Health Insurance Act No. 5510 of 31 May 2006, the Committee requests the Government to specify how it is ensured, under this Act, that the medical care and maintenance of the sick or injured seafarer comprises not only medical treatment and supply of proper and sufficient medicines but also board and lodging, as required by this Article of the Convention.

Article 5(1)(a). Payment of full wages. While noting the Government’s reference to sections 18 and 82 of Act No. 5510 concerning the calculation of the daily temporary incapacity allowance, the Committee wishes once more to draw the Government’s attention to Article 5(1)(a) of the Convention, which provides that, in cases of sickness or injury resulting in incapacity for work, the shipowner will pay full wages as long as the sick or injured person remains on board. The Committee therefore requests the Government to specify how effect is given to this requirement of the Convention. The Committee recalls, in this respect, that the same requirement has now been incorporated in Standard A4.2(3)(a) of the Maritime Labour Convention, 2006 (MLC, 2006).

Article 6(2). Repatriation destination. Further to its previous comments, the Committee is obliged to observe once again that sections 21–23 of the Maritime Labour Code, read together, do not seem to permit seafarers of Turkish nationality to choose the repatriation destination among the ports specified in the Convention. The Committee accordingly asks the Government to explain how conformity is ensured with this requirement of the Convention.

Article 8. Property left on board. While noting the Government’s reference to section 332 of the Code on Obligations, No. 818 (Official Gazette No. 359 of 29 April 1926), the Committee again recalls that Article 8 of the Convention requires that all property left on board by sick, injured or deceased seafarers be safeguarded by the shipowner. The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention. The Committee recalls, in this respect, that the same requirement has now been incorporated in Standard A4.2(7) of the MLC, 2006, which further requires the shipowners or their representatives to take measures in order to return any property left on board to the sick, injured or deceased seafarers’ next of kin.

Article 11. Equality of treatment. The Committee recalls its previous comment in which it noted that section 4 of the Maritime Labour Code limits its scope of application to foreign seafarers whose countries grant on the basis of reciprocity rights of the same nature to Turkish seafarers. As the Convention does not make its application to non-nationals conditional upon reciprocity but expressly requires equality of treatment to all seafarers irrespective of nationality, domicile or race, the Committee once again requests the Government to take appropriate action to ensure that all laws or regulations relating to seafarers’ sickness and injury benefits apply to all seafarers without distinction.

Part V of the report form. Practical application. The Committee notes that statistical information provided by the Government concerning the number of compulsorily insured persons working in the branch of water transportation for April 2009. The Committee would be grateful if the Government would continue to provide up-to-date information on the manner in which the Convention is applied in practice, including such statistics as may be available relating to: (i) the total number of seafarers covered by the relevant legislation; (ii) the number of seafarers who have been assisted by virtue of that legislation, distinguishing, if possible, between persons left ashore in the territory in which the ship is registered and those left ashore elsewhere; and (iii) the total expenditure incurred by shipowners or the social security institution in respect of sickness, injury or death of seafarers.

Finally, the Committee takes this opportunity to recall that Convention No. 55, together with 36 other international maritime labour Conventions, is revised by the MLC, 2006. The main provisions of this Convention are now reflected in Regulation 4.2 and the corresponding Code of the MLC, 2006. The Committee considers, therefore, that compliance with Convention No. 55 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments with respect to the process of ratification and effective implementation of the MLC, 2006.