Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Papua New Guinea (Ratification: 1976)

Article 12 of the Convention. Immediate discharge. Further to its previous requests, the Committee notes that in the context of the Government’s preparations for the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), a new Merchant Shipping (Seafarers Conditions of Employment) Regulation has been drafted under the Merchant Shipping Act. It notes, in particular, draft section 9(3) and (9) which sets out the circumstances in which a seafarer may terminate the employment agreement for justified reasons and is entitled to repatriation, including in the event of shipwreck, shipowner’s insolvency, sale of ship, change of ship’s registration, or voyage towards a war zone. The Committee notes that this provision follows closely the requirements of Standard A2.5(1)(b)–(c) and Guideline B2.5(1)(b) of the MLC, 2006. The Committee requests the Government to specify any other cases in which a seafarer may demand his/her immediate discharge independently from his/her entitlement to repatriation.

In addition, the Committee draws the Government’s attention to Standard A2.1(6) of the MLC, 2006, which requires national laws or regulations to determine the circumstances in which the termination of the employment agreement would be justified, for instance for compassionate or other urgent reasons, with a notice shorter than seven days or without notice. The Committee would be grateful if the Government would provide any further clarifications in this respect.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, any standard form of crew agreement and discharge document currently in use, sample copies of seafarers’ employment agreements, copies of applicable collective agreements and inspection results showing any infringements observed and action taken.

Finally, noting the maritime legislative review process through the collaborative efforts of the National Maritime Safety Authority, the Department of Transport and the Department of Labour and Industrial Relations, the Committee requests the Government to keep the Office informed of any progress made towards the rapid ratification and effective implementation of the MLC, 2006, and to transmit copies of any new legislative texts once they have been adopted.