Maritime Labour Convention, 2006 (MLC, 2006) - Faroe Islands

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee also notes the Government’s fourth report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Denmark (Faroe Islands) on 18 January 2017 and on 8 January 2019, respectively. Based on its forth 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 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.

Regulation 2.1 and Standard A2.1, paragraph 1(a) of the Convention. Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. In its previous comment, the Committee requested the Government to clarify who are the parties of the seafarers’ employment agreement under Faroese law and to ensure that seafarers have an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under Standard A2.1, paragraphs 1(a) and (c). In its reply, the Government refers to the same provisions indicated in its previous report, i.e. sections 1 and 1(a) of Act No. 4 of 15 January 1988 on seafarers’ conditions of employment etc., as amended by Act No. 133 of 20 December 2016 (hereinafter, Act on seafarers’ conditions of employment). The Committee further notes the Government’s indication that: i) to clarify that the shipowner is responsible for the seafarers’ living and working conditions, the Faroese Maritime Authority (FMA) has decided to include in the seafarers’ employment agreement (SEA) the shipowner’s obligation to ensure that he/she as the employer complies with the requirements in the SEA (section 1(a) of Act on seafarers’ conditions of employment); and ii) to ensure that both the shipowner and the seafarer have one signed original of the SEA each, the SEA indicates that the employment agreement is to be completed at least by two signed originals, the shipowner and the seafarer retaining one signed original each. While noting this information, the Committee observes that the existing legislation (in particular section 2 of the Executive Order No. 43 of 14 May 2013 and section 3(1) of the Act on seafarers’ conditions of employment), by providing that the SEA may be stipulated by the shipowner or the employer, does not require that the SEA must, in all cases, be signed by the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer) and that the shipowner and the seafarer concerned shall each have a signed original of the SEA, as required by Standard A2.1, paragraphs 1(a) and (c). The Committee requests again the Government to adopt the necessary measures to ensure full compliance with Standard A2.1, paragraphs 1(a) and (c) of the Convention. The Committee notes with interest that the Government indicates, in reply to its previous comment, that it has revised the standard form agreement by adding reference to the entitlement to repatriation of seafarers, to ensure conformity with Standard A2.1, paragraph 4(i). The Committee takes note of this information, which addresses its previous request.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. In its previous comment, the Committee noted the absence of information on several provisions of this Regulation and requested the Government to indicate how it implements Standard A3.1, paragraph 9. In its reply, the Government indicates that the Rules of Notice B on Technical Regulations with respect to the Construction and Equipment, etc. of ships are currently under extensive revision. The Committee hopes that the revised legislation will be adopted in the very near future and requests the Government to provide a copy of the amended texts once they are adopted.

Regulation 3.2 and the Code. Food and catering. In its previous comment, the Committee requested the Government to indicate how it ensures that ships that fly its flag meet the minimum standards concerning food and drink supplies, having regard to the duration and nature of the voyage as provided for under Standard A3.2, paragraph 2(a). In its reply, the Government indicates that the term “quantity” of food is currently understood and interpreted by the authorities and the shipowners as the amount of food necessary for the duration of the voyage. It further indicates that the legislation is currently under revision. In this regard, the Government emphasises that the reference to duration and nature of the voyage will be directly included in the new version for clarification in accordance with Standard A3.2, paragraph 2(a). The Committee hopes that the revised legislation will be adopted in the very near future and requests the Government to provide a copy of the amended texts once they are adopted. The Committee further requested the Government to indicate how it ensures that in circumstances of exceptional necessity, a dispensation permitting a non-fully qualified cook to serve in a specified ship is permitted only until the next convenient port of call or for a period not exceeding one month (Standard A3.2, paragraph 6). In its reply, the Government indicates that in practice, such dispensation shall be in compliance with the international conventions, i.e. the MLC, 2006 and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) and that the FMA does not grant, in practice, dispensation to ships’ cooks for longer than one month in accordance with Standard A3.2, paragraph 6. However, the Committee notes that section 21, subsection 2 of Parliamentary Act No. 63 of 3 July 1998, as amended by Parliamentary Act No. 52 of 12 May 2015 is still in force and provides that in special circumstances and in compliance with mandatory international conventions, the FMA may allow a person not holding the certificate required for service in a particular position to serve in the position concerned, but only for a single voyage or for a specific period not exceeding six months. Noting that the national legislation is still not in conformity with the Convention, the Committee requests the Government to indicate the measures taken to ensure full compliance with Standard A3.2, paragraph 6. The Committee also requested the Government to indicate how it ensures that documented inspections are carried out in scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 (Standard A3.2, paragraph 7). In its reply, the Government indicates that paragraph 7 of the Executive Order No. 41 of 14 May 2013 on food on board Faroese ships is being revised and will take into consideration the requirements set out under Standard A3.2, paragraph 7 of the Convention. The Committee hopes that the revised legislation will be adopted in the very near future and requests the Government to provide a copy of the amended texts once they are adopted.

Regulation 4.2 and the Code. Standard A4.2.1, paragraphs 2 and 4. Shipowners’ liability. Limits. In its previous comment, the Committee requested the Government to clarify whether, in accordance with Standard A4.2, paragraphs 2 and 4, shipowners are obliged to defray the expenses of medical care and to pay wages of sick or injured seafarers “for not less than 16 weeks” from the day of the injury or the commencement of the sickness, unless the seafarer has recovered or the sickness or incapacity has been declared of a permanent character. In its reply, the Government indicates that in section 29, subsection 2 of Act on seafarers’ conditions of employment, sickness/injury wages shall be paid as long as the seafarer suffers from illness, yet no longer than 16 weeks after the service on board has been terminated. This applies even if the employment terminates within the 16 weeks. If the employment terminates after 16 weeks have passed from the time that the service on board terminated, then the sickness wages shall continue to be paid until the employment period terminates. As regards the period limitation of payment of two weeks after the seafarer arrives in his/her home country, the Government indicates that such limitation exists unless other national legislation is in place providing the seafarer with compensation longer than the two weeks mentioned in Act on seafarers’ conditions of employment. In this case, according to section 44 in Parliamentary Act no. 67 of 25 of May 2009, as amended (Act No. 67 of 2009), the seafarers’ expenses are paid in full for the duration of the period while the National Board of Industrial Injuries is processing the assessment. If the conclusion is not in favour of the seafarer, the shipowner’s Insurance, Protection & Indemnity (P&I) club, will cover the expenses at least 16 weeks. The Government indicates that, in conclusion, the seafarers expenses of medical care and board and lodging are defrayed by national legislation, as well as by the shipowners’ P&I insurance and the national insurance for industrial injuries for at least 16 weeks. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standard A4.2.1, paragraphs 8 and 9. Shipowners’ liability. Financial security. In its previous comment, the Committee noted that Executive Order No. 4 of 6 January 2017 on Insurance or other Financial Security for Covering the Shipowner’s Liability towards the Seafarer and the Master in case of Breach of the Employment Agreement (hereinafter, Executive Order No. 4 of 2017) contains no provisions requiring that seafarers shall receive prior notification if a shipowner’s financial security is to be cancelled or terminated as provided for under Standard A4.2.1, paragraph 9. It requested the Government to provide information on how it implements this provision of the Convention. The Committee notes the Government’s reply indicating that while Executive Order No. 4 of 2017 does not directly require that the seafarer receive prior notification if a shipowner’s financial security is to be cancelled or terminated, the FMA gives the seafarer prior notification in case of termination or cancellation in compliance with the Convention. The Committee takes note of this information, which addresses its previous request. The Committee further requested the Government to indicate how 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), as required under Standard A4.2.1, paragraph 8. In its reply, the Government indicates that, according to section 44 of Act No. 67 of 2009, the seafarers’ expenses are paid in full for the duration of the period while the National Board of Industrial Injuries is processing the assessment. If the conclusion is not in favour of the seafarer, the shipowner’s Insurance, P&I club, will cover the expenses. The Committee further observes that the “Declaration under the Maritime Labour Convention’s Standard A4.2.2 on Parliamentary Act on Compensation for Industrial Injuries”, available on the website of the FMA, provides that any seafarer, who is engaged to carry out work on board vessels under Faroese flag, whether or not the work is related to the operation of the ship, is on an equal footing with persons engaged to carry out work in the Faroe Islands, covered by the Parliamentary Act on Compensation for Industrial Injuries against the consequences of industrial injuries and occupational diseases. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and the Code. Inspections.  In its previous comment, the Committee requested the Government to provide information on the nature and frequency of inspections to be carried out on ships not subject to certification. In its reply, the Government refers to agreements between the FMA and recognized organizations according to which the latter are authorized, with intervals not exceeding 36 months, to inspect and certify ships to which the MLC 2006 applies, but that are not required to be certified, if the ship owner requests the ship to be certified. Such ships shall still be subject to full inspection against the same requirements as for ships of 500 gross tons or more. While taking note of this information, the Committee recalls that the requirements of Regulation 5.1.4 and the Code apply to all ships covered by the Convention, including ships not subject to certification and that under Standard A5.1.4 the interval of inspections shall not exceed three years. The Committee requests the Government to indicate how effect is given to Standard A5.1.4 in relation to ships not subject to certification that have not been certified.

Regulation 5.2.2 and the Code. Onshore complaint-handling procedures. In its previous comment, the Committee requested the Government to provide information on the mechanism established to receive and deal with complaints in Faroe Island ports, including any steps taken to safeguard the confidentiality of complaints. The Committee notes that in its reply, the Government refers to the Executive Order No. 89 of 18 June 2013 on confidentiality in connection with the FMA’s handling of complaints about working and living conditions on board ship. Section 1 of this Order provides that complaints about working and living conditions on board according to the MLC, received by the FMA from seafarers or their organizations, shall be considered confidential. The FMA shall not inform the shipowner or the employer or their representatives that an inspection on board the ship concerned is due to such a complaint. Section 2 provides that the FMA shall not, in connection with the consideration of a complaint received from a crewmember, inform the shipowner or his representative who has filed the complaint. The Committee requests the Government to provide information on how it implements the detailed requirements of Regulation 5.2.2 and Standard A5.2.2.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second and third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Denmark (Faeroe Islands) on 18 January 2017 and 8 January 2019, respectively.

Regulation 2.1 and Standard A2.1, paragraphs 1 and 4. Seafarers’ employment agreement. Content. In its previous comment, the Committee requested the Government to clarify who the parties are under Faroese law on the seafarers’ employment agreement and to consider amending the standard form agreement to ensure that seafarers have an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under paragraph 1 of Standard A2.1. It also requested the Government to include in the standard form agreement the missing element regarding the seafarer’s entitlement to repatriation, as required under Standard A2.1 paragraph 4(i). In its reply, the Government indicates that any reference to the “seafarer” is based on section 1 in Parliamentary Act No. 4 of 15 January 1988 on seafarers’ conditions of employment etc., as amended by Act No. 133 of 20 December 2016 (Act No. 133), and any reference to the “shipowner” is based on section 1(a) of this Act. The Faroese standard form agreement shall be signed by both parties. Section 2 of the Executive Order No. 43 of 14 May 2013 on the employer’s obligation to conclude a written contract with the seafarer on the conditions of employment provides that the shipowner or the employer or the one acting on behalf of the shipowner or the employer shall, prior to commencing service, conclude a written employment contract with the employee. Subsection 2(4) provides that the employee shall be provided with a copy of the employment contract signed by the employer. The Committee notes the Government’s indication that it has taken the opportunity to revise the standard form agreement, to ensure that it is in conformity with Standard A2.1, paragraph 4(i). While noting this information, the Committee observes that the existing legislation does not require that the SEA must, in all cases, be signed by the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer) as required by Standard A2.1, paragraph 1(c). The Committee accordingly requests the Government to adopt the necessary measures to ensure full compliance with this requirement of the Convention. It further requests the Government to provide a copy of the revised form agreement.

Regulation 2.5. 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 notes the Government’s reference to the Executive Order No. 4 of 6 January 2017 on Insurance or other Financial Security for Covering the Shipowner’s Liability towards the Seafarer and the Master in case of Breach of the Employment Agreement. The Committee notes with interest that the said Order gives effect to the new provisions concerning financial security in the event of abandonment.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee noted the absence of information on several provisions of this Regulation and requested the Government to indicate how it implements the points required under Standard A3.1, paragraph 9. In its reply, the Government indicates that the Rules of Notice B on Technical Regulations with respect to the Construction and Equipment, etc. of ships and Notice D on Technical Regulations with respect to the Construction and Equipment of Passenger Ships engaged in domestic voyages are currently being amended. The Government further indicates that following the amendment, these Rules will meet the requirements of the provisions of the Convention. The Committee requests the Government to provide information on the progress made in this respect and to submit a copy of the amended texts once they are adopted.

Regulation 3.2 and the Code. Food and catering. Referring to the Act on Seafarers’ Conditions of Employment, the Committee requested the Government to explain how it ensures that ships that fly its flag meet the minimum standards concerning food and drink supplies, having regard to the duration and nature of the voyage (Standard A3.2, paragraph 2(a)). In its reply, the Government refers to Executive Order No. 41 of 14 May 2013 on food on board Faroese ships which refers to the quantity and quality of the food available without however referring to the duration of the voyage. The Committee therefore requests the Government to indicate how it ensures that in practice this element is taken into account. The Committee further requested the Government to indicate how it ensures that in circumstances of exceptional necessity, a dispensation permitting a non-fully qualified cook to service in a specified ship is permitted only until the next convenient port of call or for a period not exceeding one month (Standard A3.2, paragraph 6). The Committee notes the Government’s indication in this regard that while section 21, subsection 2, of the Parliamentary Act No. 63 of 3 July 1998 as amended by Parliamentary Act No. 52 of 12 May 2015, allows for dispensation concerning non-fully qualified cooks for a specific period not exceeding six months, in practice, the period does not exceed one month. Noting that the national legislation is not in conformity with the Convention, the Committee request the Government to indicate the measures taken to ensure full compliance with Standard A3.2, paragraph 6, both in law and in practice. The Committee also requested the Government to indicate how it ensures that documented inspections are carried out in scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 (Standard A3.2, paragraph 7). The Government states in this regard that in accordance with section 7 of the Executive Order No. 41 of 14 May 2013 on food on board Faroese ships, “the master shall be obliged to ensure that the provisions of the Order are met”. It adds that documented inspections are carried out in a scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 of the Convention. The Committee notes however that neither the Executive Order nor the procedure under Title 5 submitted by the Government require that the master shall carry out frequent documented inspections as foreseen in Standard A3.2, paragraph 7. The Committee requests the Government the measures taken or envisaged to ensure compliance with this provision of the Convention.

Regulation 4.1 and Standard A4.1. Medical and dental care. Noting that section 27 of the Act on Seafarers’ Conditions of Employment provides for medical examination and treatment, both on board and ashore, free of charge to the seafarer, but it does not specify whether or not essential dental care is included, the Committee requested the Government to provide detailed information in this regard. In its reply, the Government indicates that the wording in section 27 of the said Act is to be understood in a broader sense, i.e. the shipowner shall defray all expenses with respect to the care of the seafarer. Thus in practice, essential dental care is provided at no cost to seafarers working on ships flying the Faroese flag according to this Act. The Committee takes note of this information which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee requested the Government to clarify whether shipowners are required to continue to pay wages to the sick or injured seafarers until their recovery after they have been repatriated or landed, as required under Standard A4.2, paragraph 3(b). In its reply, the Government indicates that during service on board, the seafarer is entitled to wages even though he is unfit to perform his duties due to illness or injury, according to section 29 of the Act on Seafarers’ Conditions of Employment. In this case, “service on board” refers to period of employment and not the physical presence of the seafarer. The Committee further notes that subsection 2, paragraph 1 of the said Act gives effect to Standard A4.2, paragraph 3(b). The Committee further requested the Government to clarify whether, in accordance with Standard A4.2, paragraphs 2 and 4, shipowners are obliged to defray the expenses of medical care and to pay wages of sick or injured seafarers “for not less than 16 weeks” from the day of the injury or the commencement of the sickness, unless the seafarer has recovered or the sickness or incapacity has been declared of a permanent character. In its reply, the Government indicates that section 30(2) of Act No. 133 provides that such coverage is “up to 16 weeks”, not exceeding, however, two weeks after the arrival in the country in which he is domiciled. Noting that the limitation of the coverage to two weeks after the arrival in the country in which the seafarer is domiciled is not in conformity with the Convention, the Committee requests the Government to indicate the measures adopted to ensure, in all cases, a coverage of a period of not less than 16 weeks as required by Standard A4.2, paragraphs 2 and 4.

Regulation 4.2 and standard A4.2.1, paragraph 9. Shipowners’ liability. Financial security. 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. In this regard, the Committee takes note with interest of the measures adopted by the Government to implement these amendments. The Committee notes that section 5 of Executive Order No. 4 of 6 January 2017 on Insurance or other Financial Security for Covering the Shipowner’s Liability towards the Seafarer and the Master in case of Breach of the Employment Agreement provides that the insurance or the other similar financial security mentioned in section 2 shall not lapse until the expiry of the period of validity unless the insurance company or other has informed the Faroese Maritime Authority about this at least 30 days in advance. It notes however that this Order contains no provisions requiring that seafarers shall receive prior notification if a shipowner’s financial security is to be cancelled or terminated as provided for under Standard A4.2.1, paragraph 9, of the Convention. The Committee requests the Government to indicate how it implements this provision of the Convention. The Committee further requests the Government to indicate how national laws and regulations ensure 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)? (Standard A4.2.1, paragraph 8).

Regulation 4.5 and the Code. Social security. The Committee requested the Government to provide information on whether seafarers ordinarily resident in the Faeroe Islands working on ships operating under the flag of another country that is not a Member of the European Union or part of the existing bilateral agreement are provided with social security protection as required under Regulation 4.5 and the Code. In its reply, the Government indicates that these seafarers have the same right to medical care in the Faroe Islands as all other citizens of the Faroe Islands as provided in paragraph 5 in Parlamentary Act No. 64 of 17 of May 2005 on public hospital service and Parlamentary Act No. 178 of 22 of December 2009 on public healthcare insurance. With regard to sickness benefit, the Government indicates that these seafarers have the same right to public sickness benefit as all other seafarers and workers ordinarily resident in the Faroe Islands as provided in Parliamentary Act No. 74 of 8 May 2001 on sickness benefit. When the shipowner’s obligation to provide sickness benefit to the seafarer stops, the public sickness benefit scheme takes over for up to 40 weeks. Concerning employment injury benefit, the Government indicates that if the seafarer is temporarily working on a ship operating under the flag of another country (maximum for a period of two years) for a Faroese company, the seafarer concerned has the right to employment injury benefit as provided in paragraph 1 in executive Order No. 75 of 17 June 2010. It also notes that maternity/paternity benefit for seafarers ordinarily resident in the Faroe Islands working on a ship operating under the flag of another country can take out an insurance and get maternity or paternity benefit from the Faroese maternity/paternity fund. The Committee takes note of this information.

Regulation 5.1.4 and the Code. Inspections. The Committee notes that Circular RO–01/2013, which covers all ships of 500 gross tonnage or over, engaged in international voyages, or operating from a port or between ports in another country, states that intermediate inspections regarding certification are mandatory and must be carried out every two to three years from the issuance of the maritime labour certificate. The Government however does not provide information on the nature and frequency of inspections to be carried out on ships not subject to certification. The Committee requests the Government to indicate it gives effect to Standard A5.1.4 in relation to these ships.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee requested the Government to indicate any steps taken to review its DMLC, Part I and II, in order to provide concise information on the main content of the national requirements regarding all the items included in those documents. In its reply, the Government indicates that the Faroese Maritime Authority (FMA) has duly noted the Committee’s remarks on the DMLC, Part I and Part II. The FMA has taken this opportunity to revise the Faroese DMLC, Parts I and II, and will amend particular sections, should they prove insufficient in accuracy. The Committee takes note of this information.

Regulation 5.2.2 and the Code. Onshore complaint-handling procedures. The Committee requested the Government to provide additional information on the onshore complaint procedure. In its reply, the Government indicates that the internal onshore complaint-handling procedure is included in the FMA ISO 9000:2015 quality management system. It also refers to Executive Order No. 42 of 14 May 2013 on handling of complaints on board Faroese ships and to Executive Order No. 89 of 18 June 2013 on confidentiality in connection with the Faroese Maritime Authority’s handling of complaints about working and living conditions on board ship. The Committee notes however that these Executive Orders deal with on-board ship procedures and not onshore. The Committee notes that the information provided by the Government is insufficient concerning the procedures that enable seafarers on ships calling at ports of Faroes Island to report a complaint of a breach of the requirements of the Convention. It therefore requests the Government to provide detailed information on the mechanism established to receive and deal with complaints in Faroe Island ports, including any steps taken to safeguard the confidentiality of complaints.

Additional documentation requested. The Committee requests the Government to provide the following documents and information: a copy of the insurance policy (Regulation 2.5, paragraph 2; a copy of legislation regulating social security for seafarers (Regulation 4.5); the conventions and bilateral agreements on social security benefits (Standard A4.5, paragraphs 3, 4 and 8); a copy of the guidelines provided to inspectors for flag State inspections under the MLC, 2006 (Standard A5.1.4, paragraph 7); and the written procedure for on-board complaints (Standard A5.1.5).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General questions on application. Implementing measures. Principal documents. The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (hereinafter, the MLC, 2006). Six maritime labour Conventions have been declared applicable to the Faeroe Islands by the Government of Denmark. They are no longer applicable following the entry into force of the Convention, for this territory. The Government provided a list of legislation implementing the Convention, including the applicable acts, executive orders, and notices issued by the Faroese Maritime Authority (hereinafter, the FMA), a collective bargaining agreement of employment between the Faroese Merchant Shipowners Association and the Faroese Shipmasters and Navigators Association of June 2013 (hereinafter, the CBA of 2013) as well as the Faroese Class Agreement between the FMA and the recognized organizations (hereinafter, the ROs) of 2013. The Committee understands that these executive orders and notices are a form of regulatory action under the relevant legislation and are regarded as having the force of law. 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.

The Committee notes that the Government refers to the Declaration of Maritime Labour Compliance (hereinafter, the DMLC), Part I and Part II as providing sufficient information on national implementation. It further notes that the DMLC, Part I, contains annexes that do not clearly indicate whether any substantial equivalences have been adopted under paragraphs 3 and 4 of Article VI of the Convention, nor indicate whether any exemptions have been adopted with respect to Title 3. However, the information in the DMLC, Part I, under the items numbered 8 (accommodation), 9 (on-board recreational facilities) and 12 (on-board medical care), refer to “any exemptions or equivalent solutions” and, in the case of item 8 (accommodation), also states that “no exemptions have been made in the Faroese provisions.” The Committee draws the Government’s attention to its general observation adopted in 2014 and recalls that paragraph 10(a) of Standard A5.1.3 provides that the DMLC, Part I, drawn up by the competent authority shall not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but also provide, “to the extent necessary, concise information on the main content of the national requirements”. The Committee also recalls that paragraph 1 of Guideline B5.1.3 provides guidance with respect to the statement of national requirements, including recommending that “where national legislation precisely follows the requirement stated in this Convention, a reference may be all that is necessary”. However, in many cases a reference will not provide enough information on national requirements where they relate to matters for which the Convention envisages some differences in national practices. In these cases, the DMLC, Part I, does not appear to fulfil the purpose for which it, along with the DMLC, Part II, is required under the Convention, which is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements on the 14 listed matters are being properly implemented on board ship. The Committee also recalls, in that respect, that the DMLC does not address all the areas of the Convention which must also be implemented by Members. The Committee requests the Government to indicate any steps taken or envisaged to fully implement paragraph 10 of Regulation 5.1.3 giving due consideration to Guideline B5.1.3, so as to include all of the elements necessary for the DMLC Parts I and II and to provide for concise information on the main content of the national requirements. It also requests the Government to provide information with respect to any substantial equivalences that have been adopted in accordance with paragraphs 3 and 4 of Article VI of the Convention and with respect to any exemptions that it may have adopted after consultation with shipowners’ and seafarers’ organizations. Finally, it requests the Government to provide information on relevant clauses of the SMS/VSMP referenced in the DMLC, Part II.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that section 8(c) of the Act on Seafarers’ Conditions of Employment provides that recruitment and placement services that operate in other countries, whether or not they have ratified the MLC, 2006, or the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), must either have a certificate or licence documenting that the requirements of these Conventions are met or be able to prove that the services concerned meet them. These requirements are also set out in the DMLC, Part I. In its 2014 general observation , the Committee noted “that a number of countries rely on certification of recruitment and placement services, and in some cases appear to equate ratification of the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), with the ratification and implementation of the MLC, 2006. The Committee recalls that the MLC, 2006, does not contain exactly the same provisions as Convention No. 179, particularly with respect to the requirements in paragraph 5(b) and (c)(vi) of Standard A1.4 of the MLC, 2006”. The Committee requests the Government to consider amending the Act on Seafarers’ Conditions of Employment and the DMLC, Part I, to bring it into conformity with the requirements of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that section 3(1) and (3) of the Act on Seafarers’ Conditions of Employment and section 2(1) of Executive Order No. 43 on the employer’s obligation to conclude a written contract with the seafarer on the conditions of employment (hereinafter, Executive Order on a Written Contract) provide that the employment contract shall be signed by both the seafarer and the shipowner or the employer. The Committee also notes the standard form agreement submitted by the Government which provides that the agreement can be between the seafarer and alternatively a shipowner or a master or an employer. It recalls its 2014 general observation, which stresses the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II. In accordance with paragraph 1 of Standard A2.1, every seafarer must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee notes, in this connection, that the agreement is not clear as to who is the responsible party for seafarers’ living and working conditions. The Committee requests the Government to clarify who the parties are under Faroese law on the seafarers’ employment agreement and to consider amending the standard form agreement to ensure that seafarers have an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under paragraph 1 of Standard A2.1. The Committee notes that the standard form for employment agreement and the Executive Order on a Written Contract include all of the elements required in paragraph 4 of Standard A2.1, with the exception of subparagraph (i) regarding the seafarer’s entitlement to repatriation. The Government is requested to consider amending the standard form for employment agreement to ensure that the seafarers’ entitlement to repatriation is included, as required under paragraph 4(i) of Standard A2.1 of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the Rules of Notice B (Chapter II-3) set out certain technical regulations with respect to the construction and equipment, etc., of ships (hereinafter, Notice B) of all new cargo ships with a length of 15 m or more or with a scantling of 100 or more and passenger ships engaged in international voyages. Noting the absence of information on several provisions of this Regulation, the Committee requests the Government to provide information on how it implements the following points: (i) the availability of individual sleeping rooms for each seafarer (not only adult seafarers) (Standard A3.1, paragraph 9(a)); (ii) the minimum floor area in single berth seafarers’ sleeping rooms (Standard A3.1, paragraph 9(f)); (iii) the minimum floor area on passenger ships and special purpose ships (Standard A3.1, paragraph 9(i)); (iv) the minimum floor area on ships other than passenger ships and special purpose ships (Standard A3.1, paragraph 9(k)); (v) the floor area for seafarers performing the duties of ship’s officers on passenger ships and special purpose ships (Standard A3.1, paragraph 9(l)); (vi) adjoining sitting rooms (Standard A3.1, paragraph 9(m)); (vii) the fact that the clothes locker should be a minimum of 475 litres (Standard A3.1, paragraph 9(n)); and (viii) hospital accommodation (Standard A3.1, paragraph 12).

Regulation 3.2 and the Code. Food and catering. The Committee notes that the Act on Seafarers’ Conditions of Employment sets out certain provisions concerning food and drink on board ships. Noting the lack of information on some points of this Regulation, the Committee requests the Government to explain how it ensured that: (i) ships that fly its flag meet the minimum standards concerning food and drink supplies, having regard to the duration and nature of the voyage (Standard A3.2, paragraph 2(a)); (ii) in circumstances of exceptional necessity, the limitation of a dispensation permitting a non-fully qualified cook to service in a specified ship only until the next convenient port of call or for a period not exceeding one month (Standard A3.2, paragraph 6); and (iii) documented inspections are carried out in scheduled frequency, in accordance with the ongoing compliance procedure under Title 5 (Standard A3.2, paragraph 7).

Regulation 4.1 and the Code. Medical and dental care. The Committee notes that section 27 of the Act on Seafarers’ Conditions of Employment provides for medical examination and treatment, both on board and ashore, free of charge to the seafarer, but it does not specify whether or not essential dental care is included. The Committee recalls that medical care, including essential dental care, shall be provided at no cost to seafarers working on ships flying the Member’s flag, in accordance with paragraph 1 of Standard A4.1. The Committee requests the Government to provide detailed information with respect to the provision of essential dental care to seafarers working on board ships flying the flag of the Faeroe Islands.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that section 29 of the Act on Seafarers’ Conditions of Employment states that seafarers are entitled to wages during service on board, even if they are unfit to perform their duties due to illness or injury. It notes, however, that there is no mention in this Act or in the CBA of 2013 regarding the shipowners’ obligation to pay wages, in whole or in part, as described by national laws and regulations, to the seafarer from the time of their repatriation or landing until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned, as required under paragraph 3(b) of Standard A4.2 of the Convention. The Committee also notes that sections 29(2) and 30(2) of the Act on Seafarers’ Conditions of Employment limit the liability of the shipowner for payment of wages and medical care and expenses to a period of up to 16 weeks. It recalls in this respect that paragraphs 2 and 4 of Standard A4.2 respectively permit the limitation of the shipowner’s obligation to defray the expenses of medical care and to pay wages for a period not less than 16 weeks from the day of the injury or commencement of the sickness. The Committee requests the Government to clarify whether shipowners are required to continue to pay wages to the sick or injured seafarers until their recovery after they have been repatriated or landed, as required under paragraph 3(b) of Standard A4.2 of the Convention. The Committee also requests the Government to clarify whether, in accordance with paragraphs 2 and 4 of Standard A4.2 of the Convention, shipowners are obliged to defray the expenses of medical care and to pay wages of sick or injured seafarers for not less than 16 weeks from the day of the injury or the commencement of the sickness, unless the seafarer has recovered or the sickness or incapacity has been declared of a permanent character.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, under section 2(4) of the Act on Safety at Sea, the Faroese Maritime Authority must ensure compliance with the Convention. It recalls that, under Standard A4.3, paragraph 3, laws and regulations and other measures must be reviewed regularly, in consultation with shipowners’ and seafarers’ organizations, with a view to their revision to account for changes in technology and research and the need for continuous improvement. The Committee requests the Government to explain how it implements this provision of the Convention. Furthermore, noting the Government’s reference to various risk assessment forms regarding working conditions, chemistry, disease and safety at sea, the Committee requests the Government to transmit copies of these forms.

Regulation 4.5 and the Code. Social security. The Committee notes that, on ratification, in accordance with paragraphs 2 and 10 of Standard A4.5, the Government specified the following branches of social security as being provided to seafarers ordinarily resident in the Faeroe Islands: medical care, sickness benefit, employment injury benefit and maternity benefit. The Committee recalls that this obligation may be implemented in a number of ways, as set out in paragraphs 3 and 7 of Standard A4.5, and the attribution of responsibility may also be the subject of bilateral and multilateral agreements adopted within the framework of a regional economic integration organization, as provided under paragraph 4 of Standard A4.5. In this connection, the Committee notes that, while no copies of national legislation on social security have been provided, the Government has indicated that it is part of two Nordic Conventions, a bilateral agreement with the United Kingdom and, as a territory of Denmark, also has arrangements in place with other members of the European Union regarding social security. However, the information on social security protection for seafarers ordinarily resident in the Faeroe Islands working on ships flying the flag of another country that is not a Member of the European Union or part the agreements is not provided in the Government’s report. The Committee requests that the Government provide information on whether seafarers ordinarily resident in the Faeroe Islands working on ships operating under the flag of another country are provided with social security protection as required under Regulation 4.5 and the Code.

Regulation 5.1.4 and the Code. Inspections. The Committee notes that Circular to RO – 01/2013, which covers all ships of 500 GT or over, engaged in international voyages, or operating from a port or between ports in another country, states that intermediate inspections regarding certification are mandatory and must be carried out every two to three years from the issuance of the maritime labour certificate. This Circular, however, does not provide for inspections on ships not subject to certification under the abovementioned scope of application. The Committee requests the Government to provide additional information including laws, regulations or administrative issuances regulating inspections of ships outside of the scope of Circular to RO – 01/2013.

Regulation 5.2.2 and the Code. Onshore complaint-handling procedures. The Committee notes that section 1 of Executive Order No. 89 on confidentiality in connection with the FMA’s handling of complaints about working and living conditions on board ships provides that complaints on these matters shall remain confidential, without providing any further procedural information. It recalls that Regulation 5.2.2 provides that seafarers on ships calling at port may report a complaint about a breach of the requirements of the Convention. The Committee requests the Government to provide additional information on the onshore complaint procedure, as prescribed by Regulation 5.2.2 of the Convention.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: the Act on the Maritime Education Programmes (Regulation 1.3); the Act on Compulsory Insurance Against Accidents at Work (Standard A4.2); the Notice on Young People’s Work on Board Ships (Standard A1.1, paragraph 4); a copy of the insurance policy (Regulation 2.5, paragraph 2); the Risk Assessment Form (Standard A4.3, paragraph 8); a copy of legislation regulating social security for seafarers (Regulation 4.5); the conventions and bilateral agreements on social security benefits (Standard A4.5, paragraphs 3, 4 and 8); a copy of Chapter XIII of Notice D regarding technical regulation on the construction and equipment, etc., of passenger ships engaged in domestic voyages (Regulation 5.1); a copy of the guidelines provided to inspectors for flag state inspections under the MLC, 2006 (Standard A5.1.4, paragraph 7); and the written procedure for on board complaints (Standard A5.1.5).