Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Islas Feroe

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.