Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

Article 1(1) of the Convention. Scope of application. The Committee requests the Government to refer to its comments concerning Article 1(1) of Convention No. 112, in which it asks the Government to indicate the legislation that applies to vessels that are excluded from the scope of the Merchant Marine Code (Act No. 95-009 of 31 January 1995) pursuant to section 12 of the Code because maritime navigation is not their principal activity.

Article 1(3). Collective agreements. The Committee notes that section 325 of the Merchant Marine Code allows collective agreements to be concluded by branch of maritime activity, including deep-sea fishing and coastal fishing, and by shipping company or group of companies. The Committee requests the Government to indicate whether any such agreements have been concluded in the fishing sector and, if so, to provide specimens.

Article 3(1). Examination of articles of agreement before signing. The Committee notes that the Merchant Marine Code contains no provisions allowing for fishermen to examine the articles of agreement before they are signed, as the Convention requires. The Committee asks the Government to indicate how it ensures observance of this provision of the Convention.

Article 3(6). Formalities for the protection of the interests of the shipowner and the fisher. The Committee requests the Government to list the formalities and safeguards prescribed by the national legislation in respect of the completion of the agreement, in order to protect the interests of the owner of the fishing vessel and of the fishers.

Article 5. Record of employment. The Committee notes that, according to section 302 of the Merchant Marine Code, where the end of the employment contract does not coincide with the end of the voyage, the fisher is entitled to obtain from the shipmaster a certificate assessing the quality of his work or the fulfilment of his contractual obligations. It reminds the Government, however, that for all fishers a record of employment must be kept by the national competent authority and made available to the fisher concerned at the end of each voyage or venture or entered in his service book. The Committee requests the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers.

Article 6(3). Particulars to be mentioned in the agreement. The Committee requests the Government to indicate which provisions of the legislation require the following to be included in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; (e) the amount of his wages, or the amount of his share and the method of calculating such share.

Article 9. Automatic termination of the agreement. The Committee notes that, according to the third paragraph of section 302 of the Merchant Marine Code, the agreement is terminated, inter alia, “in the event of the vessel’s improper departure for abroad”. The Committee requests the Government to provide details of the circumstances in which such a departure may entail termination of the agreement.

Article 11. Authorized immediate discharge. The Committee notes that in its last report the Government indicated the serious grounds on which a fisher may be authorized by the maritime authority to discharge himself immediately under section 310 of the Merchant Marine Code, namely: failure by the shipowner to meet his obligations (expressly set out in section 310), sickness or injury occurring during the voyage, and exceptional short absences in the event of the death, accident or serious sickness of a close relative of the fisher. The Committee requests the Government to indicate which provisions of the law or regulations allow immediate discharge to be authorized in such cases and to provide a copy of them, if available.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, extracts from the reports of the inspection and registration services and, if such statistics are available, information concerning the number of fishers signed on each year, and the number and nature of the contraventions reported.