Seamen's Articles of Agreement Convention, 1926 (No. 22) - Egypt (Ratification: 1982)

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

In its previous comments, the Committee observed that the national legislation did not give effect to a number of requirements of these Conventions and requested the Government to take all the necessary measures to meet its international obligations in this regard. The Committee notes that, in its reports, the Government indicates that no new legislative measures have been adopted in relation to these Conventions so far. It states, however, that work is under way to bring national legislation into conformity with the relevant provisions of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in preparation for its effective implementation before ratification. The Committee recalls that the MLC, 2006, revises and consolidates all the previous maritime Conventions ratified by Egypt. Referring to its previous comments under the maritime Conventions, the Committee requests the Government to take all the necessary measures to bring the national legislation into conformity with the requirements of these Conventions. The Committee further requests the Government to provide information on the developments concerning the process of ratification of the MLC, 2006.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government concerning the application of Articles 5(1) and 14(1) of the Convention. The Committee also notes the Government’s intention to amend the relevant provisions of the national legislation to bring them into conformity with Articles 5(2) (records of employment), and 6(3)(1), (3) and (10)(b) (particulars to be included in the agreement), of the Convention. The Committee requests the Government to inform the Office of any progress achieved in this respect, and to provide a copy of the amendments when they have been adopted.

It would be grateful if the Government would provide additional information in its next report on the following point.

Article 10(c). Termination of the articles of agreement in the event of the loss or unseaworthiness of the vessel. In reply to the Committee’s previous comment, the Government indicates that, under the terms of section 134(2) of the Maritime Trade Act No. 8 of 1990, the employer may, in the event of shipwreck, detention or unseaworthiness of the vessel, terminate the articles of agreement without notice. However, the Committee recalls that, as the provisions of the Egyptian legislation differ from the wording of Article 10(c) of the Convention, under the terms of which an agreement shall be duly terminated in the event of loss or total unseaworthiness of the vessel, the seafarer must also in such circumstances have the capacity to terminate the agreement without notice, under the same conditions as the employer.

In this context, the Committee draws the Government’s attention to Standard A2.1 of the Maritime Labour Convention, 2006 (MLC, 2006), as, according to the information available to the Office, Egypt is preparing to ratify the Convention. Paragraph 5 of this Standard provides that the minimum notice period for the early termination of a seafarer’s employment agreement shall not be shorter than seven days, with this notice period being applicable to both shipowners and seafarers. Furthermore, under the terms of paragraph 6 of the Standard, a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those 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 once again requests the Government to indicate the measures envisaged or adopted to ensure that the seafarer can request the termination of the agreement in the event of loss or unseaworthiness of the vessel, under the same conditions as the shipowner or the master.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information in the Government’s report. The Committee also notes that three years after it had formulated its previous direct request, replies from the Maritime Transport Sector (competent authority) are still outstanding. It hopes that the Maritime Transport Sector will provide them soon.

Article 5, paragraph 1, of the Convention. The Committee has not received a reply to the request concerning this provision. It requests the Government again to indicate whether national legislation contains any provisions relating to the particulars to be recorded in a seafarer’s employment record.

Article 5, paragraph 2.  Since a reply to the Committee’s previous request has not been received, the Committee once again recalls that under this provision, the document given to the seafarer containing a record of his employment on board the vessel shall not contain any statement as to the quality of the seafarer’s work or as to his wages. It notes that the national seafarer’s passport contains an entry for "conduct" under the general heading "report of character". The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made.

Article 6, paragraph 3(1). The Committee notes that the word "mawten" (موطن) in the Arabic text of section 116, paragraph 2, of the Maritime Trade Act No. 8 of 1990 has several meanings (e.g. country of origin, birthplace or domicile). It requests the Government to indicate how it is ensured that the place of birth is entered into the articles of agreement and not, for example, the domicile. The Committee hopes to receive the reply to its previous request with the Government’s next report.

Article 6, paragraph 3(3). The Committee recalls that the name of the vessel or vessels on board which the seafarer undertakes to serve must be entered into the articles of agreement. By entering the name(s) only into the seafarer’s passport, but not into his articles of agreement, the Convention is not applied adequately. The Committee asks the Government to take the necessary measures in order to give effect to this provision of the Convention and to keep it informed on any progress made.

Article 6, paragraph 3(10)(b). Section 116(2) of the Maritime Trade Act No. 8 of 1990, regulates that if the contract is made for one voyage, the contract shall mention the date of the voyage and the ports of departure and destination. The Committee requests the Government to indicate how it is ensured that the time, which has to expire after arrival at the destination before the seafarer shall be discharged, is entered in the articles of agreement.

Article 10(c). Section 134, paragraph 2, of the Maritime Trade Act No. 8 of 1990 implies that only the employer may terminate the contract in case of shipwreck, but not the seafarer. The Committee recalls that Article 10, paragraph (c), and Article 15 of the Convention require a contract to be terminated by law in case of loss or total unseaworthiness of the vessel. Termination of the contract shall not only depend on the will of the employer. The Committee requests the Government to take the necessary steps to adjust the national legislation.

Article 13. Seafarer’s right to claim his discharge. The Committee notes the information supplied.

Article 14, paragraph 1. The Government states that in case of termination of the maritime contract, an entry shall be made in the maritime passport at the request of the seafarer. The Convention, however, requires an entry to be made, whether or not the seafarer has requested it. It further requires that whatever the reason for the termination or rescission of the agreement, an entry shall be made both in the document issued to the seafarer in accordance with Article 5 and in the list of crew showing that he has been discharged, and such entry shall, at the request of either party, be endorsed by the competent public authority. The Committee requests the Government to take the necessary measures to ensure that this provision of the Convention is applied in law and practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 4, paragraphs 1 and 2, of the Convention. Please indicate how effect is given to these provisions of the Convention.

Article 5, paragraph 1. Please indicate whether national legislation has any provisions relating to the particulars to be recorded and the manner in which such particulars are to be entered in a seafarer’s employment record.

Article 5, paragraph 2. The Committee recalls that under this provision of the Convention, the document given to the seaman containing a record of his employment on board the vessel shall not contain any statement as to the quality of the seaman’s work or as to his wages. It notes that the seafarer’s passport contains an entry for "conduct" under the general heading "report of character". The Committee asks the Government to take all necessary measures in order to bring national legislation into conformity with the Convention, and to keep it informed on any progress made in this respect.

Article 6, paragraph 3(1). Please indicate whether the maritime labour contract shall indicate the birthplace of the seaman.

Article 6, paragraphs 3(3) and 3(10)(b). The Committee recalls that under these provisions of the Convention, the name of the vessel or vessels on board which the seaman undertakes to serve and, if the agreement has been made for a single voyage, the port of destination and the time which has to expire after arrival before the seaman can be discharged shall be contained in the agreement. It notes the Government’s indication that in Egypt these particulars are included not in the maritime labour contract, but in the seafarer’s passport. The Committee asks the Government to take all necessary measures in order to give effect to these provisions of the Convention and to keep it informed on any progress made in this respect.

Article 10, paragraph (a). Please indicate provisions of the national legislation providing for the possibility to terminate the maritime labour contract by mutual consent of the parties.

Article 10, paragraph (c). Please indicate whether in cases listed in section 14 of the Act on Maritime Labour Contracts the seafarer also has the right to terminate a contract.

Article 12. Please indicate specific provisions of the national legislation defining the circumstances in which the seafarer may demand his immediate discharge.

Article 13, paragraphs 1 and 2. Please indicate specific provisions of the national legislation which establish the right of the seafarer to claim his discharge in the circumstances  described in Article 13 of the Convention.

Article 14, paragraph 1. The Committee asks the Government to clarify whether in case of termination of the maritime labour contract an entry shall be made in the list of the crew showing that the seafarer has been discharged, whether such entry and the similar entry in the seafarer’s passport shall, at the request of either party, be endorsed by the competent public authority, and which are the respective provisions of the national laws or regulations establishing such requirements.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its reports in answer to its comments.

Article 3, paragraph 4, of the Convention. The Committee notes from the Government's report that the cooperation of the Trade Union of Seafarers of the Merchant Navy and the Maritime Inspection Service consists of providing seafarers with information on working conditions. In addition, the seafarer deposits a copy of the articles of agreement at the Maritime Inspection Service which examines its clauses and ascertains that the seafarer has understood them. As a rule, the seafarer signs the agreement only after reading and understanding them. No problems have ever arisen because of failure to understand the clauses of the agreement. The Committee notes this statement.

Article 5. The Committee had previously noted that the specimen of the seafarer's passport sent by the Government contained an entry for "ability". It notes in this connection the Government's statement that this term refers to the seafarer's suitability and not the quality of his work.

The Committee observes that the document in question contains an entry for "conduct" under the general heading "report of character". Indications of this nature are likely to hamper the seafarer's prospects of finding a new job and are therefore inconsistent with the Convention. The Committee notes the Government's statement in its report that the Maritime Inspection Service also requires the ship's master to indicate in the seafarer's passport that he has fully discharged his obligations under the agreement. Such an entry appears to imply an assessment which could be contrary to the Convention.

The Committee takes due note of the Government's statement that the committee responsible for examining international maritime labour Conventions, constituted by Decision No. 28 of 1993 of the Ministry of Shipping, recommends that the Maritime Inspection Service should check the headings in English in the seafarer's passport. The Committee trusts that the above committee will re-examine the headings in the passport and delete any which imply an assessment, in order to ensure full conformity with the provisions of the Convention.

Article 6, paragraph 3(11). The Committee duly notes that section 43 of the Labour Code applies to seafarers' annual leave with pay.

Article 14. The Committee notes the Government's statement that under section 114(1) of Act No. 8 of 1990 concerning the Shipping Code, section 74 of Labour Code No. 137 of 1981 governs the issuing to the seafarer of a work certificate and a certificate concerning his professional experience and ability.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in its report in reply to its previous comments.

Article 3, paragraph 4, of the Convention. The Committee notes that the trade union for seamen working in the merchant marine, in collaboration with the Maritime Inspection Service, is responsible for providing seamen with information on the provisions of Act No. 158 of 1959 respecting seamen's articles of agreement. The Committee requests the Government to indicate whether that collaboration is sufficient to ensure that seamen also understand the meaning of the clauses of the articles of agreement.

Articles 5 and 14. The Committee notes that the document transmitted by the Government with its report is a copy of the seaman's passport which does not mention the work carried out by him on board the vessel, in accordance with Article 5, paragraph 1, but that it contains a heading relating to the seaman's "ability". If this word is equivalent to "quality of the work" the provisions of Article 5, paragraph 2, would not be applied. The Committee hopes that the Government will provide particulars in this respect and that seamen will be given a document containing a record of their employment on board the vessel, as provided for in the Convention. It also hopes that the Government will indicate the provisions which give effect to Article 14, paragraph 2 (the right of the seaman to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement).

Article 6, paragraph 3(11). Please state whether national law provides that annual leave with pay shall be granted to the seaman after one year's service with the same shipping company.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Further to its previous comments, the Committee notes the information supplied in the Government's report. Please provide additional information on the following points:

Article 1, paragraph 2(g), of the Convention. The Committee once again requests the Government to specify the provisions of the Civil Code and of the Merchant Marine Code which ensure the application of the Convention in respect of persons working on board vessels of less than 500 tons. It hopes that the Government will not fail to transmit copies of the above provisions with its next report.

Article 3, paragraph 4. The Committee once again requests the Government to indicate the provisions adopted to ensure that the seaman understands the meaning of the clauses of the articles of agreement.

Articles 5 and 14. The Committee notes the Government's statement to the effect that in practice the document provided for in Article 5 is issued to the seaman by the master. It recalls that the Convention prescribes that national law shall determine the form of the document, the particulars to be recorded and the manner in which such particulars are to be entered in it. It once again requests the Government to transmit a copy of the document currently issued in the Egyptian Merchant Marine and to indicate the provisions which give effect to Article 14, paragraph 2.

Article 6, paragraph 3, subparagraphs 3, 10(b), and 11. The Committee notes that these particulars are not included amongst those which under section 4 of Act No. 158 of 1959 (quoted by the Government in its report) are to be included in the articles of agreement. Please indicate the measures which are under consideration in this respect.

Article 7. The Government indicates that in practice a list of the crew is carried on board vessels. Please specify whether the articles of agreement are recorded in this list or annexed to it.