Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Autre commentaire sur C186

Demande directe

2023
2020

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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) and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th session (June 2020). It further notes that the Government previously ratified fourteen Conventions on maritime labour, which have been denounced following the entry into force of the MLC, 2006, for Republic of Slovenia. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Republic of Slovenia on, respectively, 18 January 2017 and 08 January 2019. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, 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.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the respect of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Article II, paragraphs 1(i) and 4 of the Convention. Definitions and scope of application. Ships. The Committee notes the Government’s indication that, in accordance with article 154a of the Maritime Code, provisions of the Maritime Code and the Maritime Labour Convention that refer to the contract of employment shall apply to all crew members on board ships flying the Slovenian flag, except for crew members working on board ships navigating exclusively within internal, sea waters and the territorial sea of the Republic of Slovenia. The Committee further notes the Government’s indication that the regulations governing employment contracts concluded in the Republic of Slovenia shall apply mutatis mutandis to matters concerning the employment relationship not regulated by this Act or the Maritime Labour Convention, except for the provisions that refer to the distribution of working time, breaks and rests, the assignment of overtime work, and night work. The Committee recalls that the provisions of the MLC, 2006 apply to all ships covered by the Convention, including those navigating in territorial waters. Since the Convention defines a ship in Article II, paragraph 1(i), as “other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply”, the Committee considers that vessels which are operating in territorial waters do not fall within the exclusion contained in this provision of the Convention. The Committee accordingly requests the Government to provide detailed information on how it ensures that all ships, within the meaning of the Convention, are covered by its provisions and, if necessary, to review the scope of application of article 154a of the Maritime Code and any other relevant provisions in order to ensure full implementation of the provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, according to the Employment relationship Act, referred to in the Declaration of Maritime Labour Compliance (DMLC), Part I, workers under 18 must not perform any work that would jeopardize their health or safety. The Committee further notes that the types of work likely to jeopardize health or safety of the seafarers under the age of 18 are prescribed in article 191 of the Employment Relationship Act. However, it notes that this list does not take into account the particularities of work on ships. The Committee further notes that article 191 of the Employment Relationship Act prescribes that other prohibited works are to be specified in more detail by a by-law, to be adopted by the minister competent for labour, in agreement with the minister competent for health. It also notes that, according to paragraph 3 of the article 191, such by-laws shall also stipulate the conditions under which an employee who has not attained the age of 18 may exceptionally perform work that is prohibited, namely in the case of practical training within the educational programs, if the work is performed under the supervision of a competent worker. The Committee recalls that Standard A1.1, paragraph 4 sets out the prohibition of employment or engagement of seafarers under the age of 18 in work likely to jeopardize their health or safety. This work shall be determined by national laws or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. Standard A1.1, paragraph 4 does not allow for any exception to the prohibition of hazardous work for persons under 18 years of age. Noting that the Government has not provided information on the adoption of the relevant by-laws, the Committee requests the Government to take the necessary measures to ensure that the list of types of hazardous works specific to work on board a vessel is prepared and adopted, after consultation with the shipowners’ and seafarers’ organisations concerned, thereby prohibiting hazardous types of work to children under 18 years on board a vessel.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. The Committee notes the Government’s indication that Rules concerning medical examinations for seafarers (Official Gazette of the Republic of Slovenia, Nos. 72/17 and 4/20) define requirements on which basis medical practitioners are granted authorisation by the Ministry of Health for conducting medical examinations of seafarers. The Committee recalls that such practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4). Failing to identify provisions related to full professional independence of practitioners conducting medical examinations of seafarers in Republic of Slovenia, the Committee requests the Government to indicate the relevant measures adopted in this respect (Standard A1.2, paragraph 4).

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that the Labour Market Regulation Act regulates job brokerage in articles 25 to 27. It also notes that the public institution engaged in this area is governed by articles 73 to 84 and the concessionaires by articles 85 to 102, the latter establishing a standardized system of concession in job brokerage for private entities in the Republic of Slovenia. The Committee requests the Government to clarify whether such system of concession in job brokerage for private entities has been established, modified or changed after consultation with the shipowners’ and seafarers’ organizations concerned, as per requirement of Standard A1.4, paragraph 2. Considering that no information has been provided with in this regard, the Committee requests the Government to explain how the requirements of Standard A1.4, paragraph 5 are complied with (prohibition of blacklists, no fees or other charges on the seafarer, keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a compulsory insurance scheme to compensate seafarers).

Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes that the Government has not provided information on the implementation of Standard A1.4, paragraph 9, which provides that each Member shall require that shipowners of ships that fly its flag, who use seafarer recruitment and placement services based in countries or territories in which this Convention does not apply, ensure, as far as practicable, that those services meet the requirements of this Standard. The Committee requests the Government to explain what kind of action is expected from shipowners in order to ensure, as far as practicable, that the recruitment and placement services concerned meet the requirements of the Convention (Regulation 1.4, paragraph 3; Standard A1.4, paragraphs 9 and 10).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. Noting that no information has been provided by the Government regarding seafarers’ record of employment, the Committee recalls that, in accordance with Standard A2.1, paragraphs 1(e) and 3, seafarers shall be given a document containing a record of their employment on board the ship and that this document shall not contain any statement as to the quality of the seafarers’ work or as to their wages. The Committee accordingly requests the Government to provide information on the measures taken in compliance with Standard A2.1, paragraphs 1(e) and 3. It further requests the Government to provide an example (in English) of the approved document for seafarers’ record of employment.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes the Government’s indication that seafarer’s employment agreement (SEA) must contain the minimum notice period to be given by seafarers and by shipowners for the early termination of a SEA. It further notes the minimum notice periods, varying in relation to the duration of the employment contract, established by article 94 of the Employment Relationship Act referred to by the Government. Considering that no information has been provided in this respect, the Committee recalls that in accordance with Standard A2.1, paragraph 6, a notice period shorter than the minimum may be given in circumstances recognized as justifying termination of the employment agreement at shorter notice or without notice. In determining the circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee accordingly requests the Government to indicate the measures taken to ensure compliance with these requirements of Standard A2.1, paragraph 6.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. The Committee notes that, according to article 154.d(d) of the Maritime Code, the SEA shall include the amount of the seafarer’s wages or, where applicable, the formula used for calculating them and a payout clause at least once a month. The Committee further notes that wages shall be paid at least on monthly intervals (article 154.d(e) of the Maritime Code). The Committee notes, however, that the Government provides no information regarding a monthly account of the payments due and the amounts paid to be given to seafarers as required by Standard A2.2, paragraph 2. The Committee therefore requests the Government to indicate how effect is given to these requirements of the Convention (Standard A2.2, paragraph 2).

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that the DMLC, Part I, refers to article 154.d(e) of the Maritime Code, according to which the employment contract must contain a provision to allow a crew member to transfer all or part of his salary to family members. The Committee notes in this respect that the Government has not provided details of the measures taken by shipowners to give effect to this requirement of the Convention as required by Standard A2.2, paragraphs 3 and 4. The Committee further notes that article 154.d(e) of the Maritime Code foresees the possibility for remittance of the wages to family members, although the MLC, 2006 has a broader scope allowing such remittance also to legal beneficiaries. Finally, the Committee notes that the Government does not provide information regarding the basis for determining the reasonable charge, if any is made, by shipowners for transmission services and for determining any relevant exchange rate, as required by Standard A2.2, paragraph 5. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to give full effect to the provisions of Standard A2.2, paragraphs 3, 4 (allotment system) and 5 (reasonable charge for the service and rate of currency exchange), giving due consideration to Guideline B2.2.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that the DMLC, Part I, provides that according to Article 154.c of the Maritime Code the maximum hours of work shall not exceed 14 hours in any 24-hour period and 72 hours in any seven-day period. The Committee notes the Government’s indication that, in view of the fact that all ships entered into the Slovenian Ship Register are only engaged in domestic voyages (only exceptionally in international voyages), normal working hours are between 8 to 12 hours in shifts. The Committee recalls in this respect that provisions of the Convention apply to all ships ordinarily engaged in commercial activities, other than the ones which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply (Article II, paragraphs 1(i) and 4). It further recalls that, in accordance with Standard A2.3, paragraph 3, the normal working hours’ standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. The Committee accordingly requests the Government to indicate how it ensures that full effect is given to the provisions of Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraphs 8 and 9. Hours of work and hours of rest. On call Work. Noting that no information has been provided regarding the implementation of Standard A2.3, paragraphs 8 and 9, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to the provisions of Standard A2.3, paragraph 8 (on call work, adequate compensatory rest period).

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. While noting the adoption of a standardized form of record of hours of work and hours of rest in the Annex 6 of Rules on authorizations and ranks of seafarers, the Committee has not identified provisions regarding measures taken to ensure that seafarers receive a copy of such record in compliance with requirements of Standard A2.3, paragraph 12. The Committee accordingly requests the Government to provide information on the measures adopted or envisaged to give full effect to the provisions of Standard A2.3, paragraph 12 in this respect.

Regulation 2.5 and Standard A2.5.1, paragraph 2. Repatriation. Circumstances. Maximum period of service on board. Entitlements. The Committee notes that article 155 of the Maritime Code provides that seafarers are entitled to repatriation in the circumstances mentioned under Standard A2.5.1, paragraph 1. However, considering that no information was provided on the maximum period of service on board and the entitlements to be accorded by shipowners for repatriation, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to the provisions of Standard A2.5.1, paragraph 2.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that, according to article 155 of the Maritime Code, shipowners shall not require that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers' wages or other entitlements. A shipowner has a right to recover the cost of repatriation from the seafarer in the case where the seafarer has left the vessel without permission or has been found to be in default of the seafarer's employment obligations. The Committee recalls in this respect that under Standard A2.5.1, paragraph 3, the possibility to recover the cost of repatriation from the seafarer is conditioned to a finding of “serious default” of the seafarer’s employment obligations (and not merely default of his/her employment obligations), in accordance with national laws or regulations or other measures or applicable collective bargaining agreements. The Committee requests the Government to indicate how it ensures that full effect is given to the provisions of Standard A2.5.1, paragraph 3. The Committee further requests the Government to indicate the provisions of the national laws or regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied in order for a seafarer to be found liable for serious default.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes that an act ratifying the amendments of 2014 and the amendments of 2016 to the MLC, 2006 has been published in the Official Gazette of the Republic of Slovenia, No. 3/20. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that, in accordance with article 91 of the Maritime Code, the facilities on board the ship should comply with the requirements of the international conventions which are binding for the Republic of Slovenia. The Government further specifies that it follows from this article that the provisions of the MLC, 2006, apply directly in its country. The Committee recalls that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to adopt the necessary measures to give full effect to the requirements of Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention. The Committee also notes the Government’s indication that the Republic of Slovenia ratified the Accommodation of Crews Convention (Revised), 1949 (n°92), which has ceased to have effect when the MLC, 2006 entered into force for the country. The Committee recalls that, for ships constructed before the date when the MLC, 2006 comes into force for the Member concerned, the requirements relating to ship construction and equipment that are set out in the Accommodation of Crews Convention (Revised), 1949 (No. 92) shall continue to apply to the extent that they were applicable, prior to that date, under the law or practice of the Member concerned. The Committee requests the Government to indicate the relevant measures into force for ships constructed before the date when the MLC, 2006 entered into force for Slovenia.

Regulation 3.1 and Standard A3.1, paragraph 3. Accommodation and recreational facilities. Flag State inspections. The Committee notes the Government’s indication that provisions on ship inspections are defined by articles 91 to 105 of the Maritime Code. The Committee notes that, according to article 95 of the Maritime Code, ships shall undergo basic inspections prior to their entry in the ships’ register, if their construction or conversion was not controlled by a classification society referred to in article 92, the latter dealing with engineering control conducted by the authorised classification societies, which includes, inter alia, control of facilities for people on board ship, the safety of life at sea and safety of crew members at work and other people working on board ship. Regarding the obligation of inspection following substantial alteration of the seafarer accommodation, as per requirement of Standard A3.1, paragraph 3, the Committee notes that article 99 of the Maritime Code refers to alterations and conversion of the vessel, which require inspection or control, but such alterations referred to in article 99 do not appear to directly relate to alterations of the seafarer accommodation as such. Recalling that under requirements of Standard A3.1, paragraph 3, inspections shall be carried out when a ship is registered or re-registered or the seafarer accommodation on a ship has been substantially altered, the Committee requests the Government to clarify how it gives effect to these provisions of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 1 and 2. Food and catering. Minimum Standards. The Committee notes the Government’s indication that in view to implement Standard A3.2, a measure has been taken to ensure that prior to the departure of ships on international voyages, inspection and supervision are carried out to verify whether ships carry adequate quantities of food and drinking water of appropriate quality to ensure that meals of sufficient size and quality are provided during the voyage given the size of the crew and the duration of the international journey. The Committee notes that the Government limits such measure to ships on international voyages, although the requirements of Regulation 3.2 and Standard A3.2 apply to all ships falling into the scope of the Convention, which also includes ships navigating in territorial waters. Furthermore, the Committee notes that the Government does not inform how the measure taken for appropriate inspection and supervision provides minimum standards as per requirement of Standard A3.2, paragraph 1, nor information has been provided regarding the obligation to undertake educational activities to promote awareness and implementation of these standards. The Government further indicates that such inspections are carried out in accordance with article 197 of the Maritime Code, according to which the maritime inspector is also entitled to act in accordance with other regulations governing navigation safety issues when conducting inspection. The Committee notes, however, in this respect that article 197 of the Maritime Code does not directly refer to inspection in relation to food and catering, and refers in general to regulations governing navigation safety issues. The Committee further notes that the report does not include information regarding minimum standards in respect to religious and cultural practices, nutritional value and variety of food (Standard A3.2, paragraph 2 (a)); measures in place to ensure that the organization and equipment of the catering department are such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions (Standard A3.2, paragraph 2(b)). The Committee accordingly requests the Government to indicate how it gives effect to the above mentioned requirements of the Convention (Standard A3.2, paragraphs 1 and 2(a) and (b)).

Regulation 3.2 and Standard A3.2, paragraphs 3, 4 and 8. Food and catering. Training. Seafarers under the age of 18. The Committee notes the provisions of the DMLC, Part I, specifying that, in accordance with the Decree on seafarer certification, a certificate of ships’ cook shall be issued to the seafarer with a minimum age of 18 who has completed a secondary vocational education following a training program for cook or a training course in accordance with the ILO Guidelines on the training of ships' cooks and at least 6 months of seagoing service. The Committee notes that article 21, paragraph 1 c) of the Decree on seafarer certification states that the authorization or certificate shall be issued by the administration on the basis of the candidate's application, provided that the applicant fulfils health conditions in accordance with section A-I/9 of the STCW Code (in the case of obtaining the certification or certification of “ship cook” and “speedboat management”). The Committee has not identified provisions foreseeing a minimum age of 18 of a seafarer employed or engaged as ship’s cook, neither provisions prescribing the content of the training program/course required by the Convention in the Decree on seafarer certification to which refers the DMLC, Part I. The Committee recalls in this respect that shipowners shall ensure that seafarers who are engaged as ships’ cooks are trained, qualified and found competent for the position in accordance with the requirements set out in the laws and regulations of the Member concerned (Standard A3.2, paragraph 3), which shall include a completion of a training course approved or recognized by the competent authority, covering practical cookery, food and personal hygiene, food storage, stock control, and environmental protection and catering health and safety (Standard A3.2, paragraph 4). The Committee accordingly requests the Government to indicate the relevant articles of the Decree on seafarer certification or any other laws and regulations implementing the requirements of Standard A3.2, paragraphs 3, 4 and 8, as well as to provide a copy of these documents.

Regulation 3.2 and Standard A3.2, paragraph 7. Food and catering. Frequent inspections. Noting that the report does not contain information regarding frequent documented inspections to be carried on board ships, by or under the authority of the master, as per requirements of Standard A3.2, paragraph 7, the Committee requests the Government to explain how it gives effect to these provisions of the Convention.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Immediate medical care for seafarers on board foreign ships. The Committee notes the Government’s indication that the Republic of Slovenia provides budgetary funds for the payment of emergency medical treatment for persons of unknown residence and foreign citizens transiting in the territory. The Committee recalls that Regulation 4.1, paragraph 3, provides that each member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee requests the Government to indicate the measures taken to give effect in practice to Regulation 4.1, paragraph 3.

Regulation 4.1 and Standard A4.1, paragraph 1(c) and (d). Medical care onboard and ashore. Immediate medical care for seafarers on board foreign ships. Right to visit a doctor or dentist in ports of call. Services provided free of charge. Noting the absence of information in this respect, the Committee requests the Government to indicate the measures taken to ensure that seafarers are allowed to visit a qualified medical doctor or dentist without delay in ports of call (Standard A4.1, paragraph 1(c)) as well as to ensure that, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge (Standard A4.1, paragraph 1(d)).

Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Qualified medical doctor. The Committee notes the Government’s indication that Standard A4.1 is implemented by the Rules on minimum requirements for medical care of crew on board. Noting that these Rules do not contain information in this respect, the Committee requests the Government to indicate how it ensures that ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor who is responsible for providing medical care (Standard A4.1, paragraph 4).

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. The Committee notes the Government’s reference to the Employment Relationship Act, Health Care and Health Insurance Act as well as to the Pension and Disability Insurance Act, which lay down no special provisions regarding shipowners’ liability with respect to financial consequences of sickness, injury or death occurring in connection with seafarers’ employment. The Committee takes note of the Government’s indication that these provisions apply to seafarers in the same way as to all workers. The Committee requests the Government to provide detailed information on how these Acts are giving effect to the requirements of Standard A4.2.1.

Regulation 4.2 and Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes that an act ratifying the amendments of 2014 and 2016 to the MLC, 2006 has been published in the Official Gazette of the Republic of Slovenia, No. 3/20. In this regard, it takes note of the adoption of Regulation 122/2016 on the implementation of the MLC, 2006, which entered into force on 18 January 2017 and aims at implementing the amendments of 2014. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how do national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that measures adopted by the Occupational Health and Safety Act apply to all employers, including owners of ships registered in the Slovenian Ship Register. Failing to identify information on some of the matters specific to maritime employment prescribed by the Convention, the Committee therefore requests the Government to provide detailed information on the following: i) development of national guidelines for the management of occupational safety and health on board ships, taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations (Regulation 4.3, paragraph 2); ii) adoption of laws and other measures for effective implementation and promotion of occupational safety and health policies and programmes on ships, including training and instruction of seafarers (Standard A4.3, paragraph 1(a)); iii) laws and regulations and other measures specific to maritime employment addressing all matters in Standard A4.3, paragraphs 1 and 2, and in particular measures taken to protect seafarers under the age of 18 (Standard A4.3, paragraph 2(b)) and obligation to establish ship’s safety committee on board a ship with five or more seafarers (Standard A4.3, paragraph 2(d)); iv) investigation of occupational accidents to be ensured by the competent authority (Standard A4.3, paragraphs 5,(c)). The Committee further requests the Government to provide in English, French or Spanish an example of a document (e.g. Part II of the DMLC outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the relevant national guidelines (Regulation 4.3, paragraph 2) and a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).

Regulation 4.5 and the Code. Social security. The Committee notes that the Government, in accordance with Standard A4.5, paragraphs 2 and 10, has specified the following branches of social security: medical care, sickness benefit and employment injury benefit. The Committee notes the Government’s indication that, regarding old-age, invalidity and survivors’ benefit, family and maternity benefit, unemployment benefit, medical care, sickness benefit and employment injury benefit no steps were taken or plans made in order to improve the benefits currently provided to seafarers as they are equally covered by general acts. The Committee further notes the Government’s indication that medical care on board is governed by the Rules on minimum requirements for medical care of crew on board ship. The Committee accordingly requests the Government to provide information on how it ensures that seafarers – and, to the extend provided for in Slovenian law, their dependents - are entitled to benefit of a medical care protection even when they are not working on board a ship, specifying the relevant national provisions.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes the Government’s indication that for Slovenia, as a European Union member State, Regulation (EC) 883/2204 on the coordination of social security systems applies. In addition, the Government indicates that bilateral agreements on social security have been signed with the following countries: Argentina, Australia, Bosnia and Herzegovina, Canada (and Quebec), Macedonia, Montenegro and Serbia. The Committee requests the Government to indicate whether seafarers ordinarily resident in Slovenia working on ships operating under the flag of another country, outside of the scope of the European Union Regulation (EC) 883/2204 and bilateral agreements signed by Slovenia, are provided with social security protection as required under Regulation 4.5 and the Code ( Standard A4.5, paragraph 3).

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board. Regarding the obligation to have a copy of the Convention available on board, the Committee notes the Government’s reference to paragraph 5 of article 155 of the Maritime Code. The Committee notes, however, that, according to this article, ships shall make available to crew members a copy in Slovene and in English of the provisions of the Maritime Code and of the Convention regarding repatriation. The Committee also notes that the scope of the requirement established by the abovementioned paragraph is limited, as, on the one hand, it refers to provisions regarding to repatriation only (and not the whole Convention) and, on the other hand, it establishes the obligation to provide a copy of such provisions to crew members and not an obligation to have a copy of the MLC, 2006 on board a ship, as required by the Convention. The Committee accordingly requests the Government to indicate the measures taken to give full effect to these requirements of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 5-9. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interim Maritime Labour Certificate. The Committee notes the Government’s indication that the provisions referring to the issue of a Maritime Labour Certificate are implemented in accordance with the Convention as summarised in the Explanation regarding the implementation of the Convention. The Committee notes that this document and the Government’s report do not provide information on the scope of the prior inspection required if interim certificates are issued. The Committee requests the Government to indicate how effect is given to standard A5.1.3. paragraphs 7 and 8.

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee notes the Government’s reference to article 116 of the Maritime Code, stating that charters and books prescribed by this law must be on board the ship and that a copy of the certificate of guarantee or other financial guarantee for the liability for the damage caused by the oil contamination must be kept with the ship's register. The Committee, however, does not identify in this article provisions requiring posting on the ship, and making available for review, the Maritime Labour Certificate and the DMLC, as required by Standard A5.1.3, paragraph 12. The Committee accordingly requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 2 and 3. Flag State responsibilities. Inspection and enforcement. Qualified Inspectors. The Committee notes the Government’s reference to the provisions of the Decree on the inspection of foreign ships. It also notes the Government’s explanation that maritime inspectors conduct flag State inspections and inspections of foreign ships and that such Decree specifies the conditions applicable to all maritime inspectors (Article 18 and Annex XI). The Committee notes, however, that such provisions appear to be mainly focused on duties and obligations of port State control officers and are not completely aligned with the requirements established for flag State inspectors by the Convention. Noting that no information is provided regarding training, competence, terms of reference, powers and status necessary to carry out duties of flag state inspectors, the Committee requests the Government to indicate the relevant provisions implementing the above mentioned requirements of Standard A5.1.4, paragraph 3.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes the Government’s indication that article 13 of the Decree on the inspection of foreign ships, which refers to records of inspection, is also applicable to flag State inspections. However, the Committee notes that this article does not provide that a copy of the report shall be posted on the ship’s notice board for the information of the seafarers, as required under Standard A5.1.4, paragraph 12. The Committee requests the Government to indicate how it ensures that full effect is given to this provision of the Convention.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board Complaints Procedures. The Committee notes the Government’s indication that the provisions of the Convention are directly applicable in Slovenia in accordance with article 159a of the Maritime Code, which lays down that ships must have a defined and established procedure allowing crew members to lodge complaints relating to any alleged breach of the requirements of Convention and that a crew member must bear no consequences with respect to the lodged complaint. The Committee also notes the maritime administration’s explanation provided in document No. 3733-3/2017/1 of 16 August 2017, which, however, does not have force of law. The Committee further notes the Government’s reference to a number of general legislative provisions regarding the prohibition of bullying and harassment at work, as well as its reference to the available recourse actions for the employees, which, however, do not take into account all of the requirements of Regulation 5.1.5 and Standard A5.1.5. The Committee also notes that the Government does not provide a copy of a model for on-board complaint procedures or an example of typical procedures that are followed on ships that fly its flag. It further notes the absence of information on the arrangements made to ensure that all seafarers are provided with a copy of the on-board complaint procedures applicable on the ship. The Committee therefore requests the Government to indicate the measures taken to give effect to Regulation 5.1.5, namely (i) the requirement of fair, effective and expeditious handling of seafarer complaints (Regulation 5.1.5, paragraph 1); (ii) the prohibition and penalization of any kind of victimization of a seafarer for filing a complaint (Regulation 5.1.5, paragraph 2); (iii) the right of the seafarer to be accompanied during complaint procedure (Standard A5.1.5, paragraph 3); and (iv) the provision to seafarers of a copy of the on-board complaint procedures applicable on the ship (in addition to a copy of their seafarers’ employment agreement) including the relevant contact information of the competent authority (Standard A5.1.5, paragraph 4).

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: (1) a copy of the standard Maritime Labour Certificate and an example or examples of Part II of the DMLC which have been prepared by a shipowner and have been accepted by your country, when certifying a ship or ships; (2) an example (in English) of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); (3) the standard form or an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); (4) the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)); (5) for each type of ship (passenger, cargo, etc.), in English, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; (6) a report or other document containing information on the objectives and standards established for your country’s inspection and certification system, including the procedures for its assessment; (7) information on the budgetary allocation during the period covered by this report for the administration of your country’s inspection and certification system and the total income received during the same period on account of inspection and certification services; (8) an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); (9) a copy of the National Interim Maritime Labour Certificate (Standard A5.1.3, paragraph 5); (10) a copy of the annual reports on inspection activities that have been issued in accordance with Standard A5.1.4, paragraph 13; (11) a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7); (12) a copy of a document, if any, that describes the onshore complaint-handling procedures.

[The Government is asked to reply in full to the present comments in 2023.]