Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Articles 1 and 2 of the Convention. Unemployment indemnity in case of shipwreck. Further to its previous comment, the Committee refers to the two implementing texts, i.e., the Merchant Shipping Act of 1975, as amended, and the Seamen (Unemployment Indemnity) Act 1951, and recalls that certain discrepancies exist between these two texts. More concretely, whereas section 123(2)(a) of Merchant Shipping Act provides that a seafarer is not entitled to unemployment compensation in case of shipwreck if it is proven that he/she has not made reasonable efforts to save the ship, no similar exception is to be found in the Seamen (Unemployment Indemnity) Act. The Committee recalls, in this regard, that under this Convention, the payment of unemployment indemnity may not be subject to such conditions as the seafarer’s efforts to save the vessel. In addition, whereas section 100(2)(b) of the Merchant Shipping Act generally excludes seafarers employed on board pleasure craft from the application of Part V of this Act, which governs the payment of unemployment benefits in the event of shipwreck, and section 101(1) empowers the Authority on advice of the Minister to exempt particular ships or classes of ships from the obligations of Part V, no similar provisions are contained in the Seamen (Unemployment Indemnity) Act. In this respect, the Committee recalls that the Convention applies to “all ships and boats of any nature whatsoever”. The Committee requests the Government to review sections 100(2)(b), 101(1) and 123(2)(a) in order to ensure conformity with the Convention, and to provide information on the steps taken in this respect.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Further to its previous requests, the Committee notes that in the context of the Government’s preparations for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), a new Merchant Shipping (Seafarers Conditions of Employment) Regulation has been drafted under the Merchant Shipping Act. The Committee requests the Government to provide information on the progress made towards the adoption of these Regulations.