Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - Egypt (Ratification: 1982)

The Committee takes note of the information supplied by the Government in reply to its previous comments.

Article 9 of the Convention. The Government indicates that Title III, Chapter 4 of the Labour Code of 1981 respecting the organisation of individual labour relations applies in the event of individual disputes. It adds that the relationship between the seafarer and the employer is also governed by Act No. 158 of 1959 respecting seamen's contracts of employment and that the Merchant Shipping Code, the Civil Code and the Labour Code apply to all cases not provided for in Act No. 158. The Committee observes, however, that national laws (and particularly the Merchant Shipping Code) make no provision, as required by Article 9 of the Convention, for securing a rapid and inexpensive settlement of disputes concerning the liability of the shipowner under this Convention. It therefore hopes that appropriate steps will be taken shortly to give effect to this provision of the Convention. It requests the Government, in its next report, to provide information on any progress made in this respect.

Article 11. The Goverment refers to section 1 of Act No. 158 of 1959 respecting seafarers' contracts of employment, under which "the provisions of this Act govern any contract whereby a person undertakes to work in return for remuneration under the direction or supervision of the master of a merchant vessel of the United Arab Republic". The Government indicates that this Act applies to all persons employed on board a vessel, whether or not they are of Egyptian nationality, which, the Government considers, ensures equality of treatment between Egyptians and foreigners employed on board an Egyptian vessel. While noting this information, the Committee is bound to recall that the Social Insurance Act No. 79, 1975, as amended, whose provisions also ensure implementation of the Convention, makes the equality of treatment of seamen depend upon residence and reciprocity (section 2(b), in fine), contrary to this provision of the Convention. Accordingly, the Committee must again express the hope that the Government will not fail to take the necessary measures to amend the legislation to ensure that full effect is given to this provision of the Convention.