Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) - Jersey

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the reports provided by the Government on the application of the maritime Conventions. With a view to providing an overview of the matters raised in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes the Government’s information that the Jersey register is dominated by small pleasure crafts and that there are 1,784 vessels registered, of which, in addition to small pleasure vessels, 59 are small commercial vessels, one is a large commercial yacht, and one a domestic passenger vessel. The Committee notes the Government’s indication that the importance of the Conventions have grown as a result of the application of the Maritime Labour Convention, 2006 (MLC, 2006), to local recruitment and placement services. The Committee further notes the Government’s indication that the existing restrictions on the Jersey registry were amended and that it can now register ships of any type up to 400 gross tons provided that the ships over 24 meters are classed with a recognized organization. The Committee requests the Government to continue to provide information on the number of vessels registered in Jersey to which the Conventions apply.

The Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication that the Shipping (Safety Code – Yachts and Small Ships) (Jersey) Regulations 2013 provides for a specific Jersey Code of Safety Practice. This in turn requires compliance with the MLC, 2006 requirements in the 2014 Workboat Code (a technical standard developed by the Industry Working Group which consolidates all relevant requirements into a single document and is applicable to new workboats and pilot boats) until the relevant legislation is fully modified. According to section 26.19 of the Workboat Code, if the vessel is lost, the shipowner is liable to pay seafarers’ wages for up to two months and to compensate them for loss of possessions. The level of such compensation should be specified in the seafarers’ employment agreement. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

The Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that, pending the drafting of legislation to ensure compliance with the Convention, shipowners should comply with the United Kingdom’s Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations and the associated Marine Guidance Notes. The Committee notes the Government’s indication that for seafarers employed through Jersey-based recruitment and placement agencies, the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970 was amended in 2013 to ensure full compliance with Regulation 1.4 of the MLC, 2006. Under section 4A(4) of the Order, an agent shall not enter into an agreement with a shipowner for the recruitment of a seafarer unless, inter alia, he has obtained details in writing of the principal terms and conditions of the seafarer’s employment agreement, which shall include at least the particulars listed under Standard A2.1, paragraph 4, of the MLC, 2006. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

The Certification of Able Seamen Convention, 1946 (No. 74). Article 2 of the Convention. Certification requirements for able seamen. In its previous comments, the Committee requested the Government to provide explanations with regard to legislation implementing the Convention. The Committee notes the Government’s indication that legislation concerning able seamen which is specific to Jersey ships has not been implemented, and that the United Kingdom’s Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970 do not apply and have not applied in Jersey. The Committee further notes the Government’s indication that, while not specifically referring to able seamen, the Shipping (Training, Certification and Manning) (Jersey) Order 2004 imposes a responsibility on every company owning a Jersey ship to ensure that every master and seaman holds an appropriate certificate or a certificate of equivalent competency in respect of any function he is to perform on that ship. The Government further indicates that section 33 of the Shipping (Jersey) Law 2002 prohibits unqualified personnel going to sea. It further states that without legislation on able seamen, there are currently no Jersey-issued able seamen certificates. The Government finally indicates that the United Kingdom’s Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (SI 2015 No. 782) include provisions on able seafarers that are understood to meet the Convention’s requirements and that it intends to replace the Shipping (Training, Certification and Manning) (Jersey) Order 2004 in due course with equivalent legislation. The Committee requests the Government to provide information on any developments concerning the adoption of legislation implementing the Convention.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Unemployment indemnity in case of shipwreck. The Committee notes the Government’s indication that the relevance of the Convention continues to be assessed and that the Registry has very few vessels with permanent contracted seafarers to whom the Convention would be of value. The Committee requests the Government to provide information on any developments that might have an impact on the application of the Convention.

Application in practice. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including, for instance, the number of seafarers covered by the relevant legislation and the number of any maritime casualties involving Jersey-registered vessels and the payment of indemnities to the seafarers concerned.

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

Article 2 of the Convention. Unemployment indemnity in case of shipwreck. The Committee notes the Government’s indication that the relevance of the Convention continues to be assessed and that, at present, the Registry has very few vessels with permanent contracted seafarers to whom the Convention would be of value. It also notes that the Registry remains restricted by the United Kingdom Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order, 2003, which does not permit the registration of passenger vessels on international voyages, commercial vessels over 150 gross tons and of pleasure vessels over 400 gross tons. The Committee requests the Government to keep the Office informed of any developments, such as the possible amendment of the Shipping (Jersey) Law 2002 to which reference was made in an earlier report, that might have an impact on the application of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the estimated number of permanent contracted seafarers. The Committee requests the Government to continue to provide up-to-date information on the application of the Convention in practice, including, for instance, the number of seafarers covered by the relevant legislation and the number of any maritime casualties involving Jersey-registered vessels and the payment of indemnities to the seafarers concerned.

Finally, the Committee recalls that the main provisions of the Convention are now reflected in Regulation 2.6 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), which requires the payment of compensation in the event of the ship’s loss or foundering not only for the resulting unemployment but also for injury or death. The Committee considers, therefore, that compliance with Convention No. 8 will facilitate the implementation of the respective provisions of the MLC, 2006.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. It notes that, while the application of the Convention remains ensured by the Merchant Shipping (Jersey) Order of 1927, a new Shipping Law, which does not cover the questions regulated by the Convention, was adopted in 2002. It further notes that, according to the indications given by the Government, the relevance of the Convention to the island is currently being assessed, including by increasing the statistical data available concerning the number of persons employed as seafarers. Upon completion of that process, it should be decided whether it is not more satisfactory to implement the Convention by inserting a suitable new provision in the 2002 Law and repealing the 1927 Order. The Government also declares that, as of 2003, by virtue of the Merchant Shipping (Categorization of Registries of Relevant British Possessions) Order, the restrictions existing on the registration of certain ships in the island have been waived, making possible an increase in the number of registered larger vessels and, consequently, also of the number of persons employed on board such vessels. The Committee takes note of this information and would be grateful if the Government would continue to keep it informed of any decision taken as regards the implementation of the Convention. It recalls that the Convention applies to all persons, including masters and officers, employed on any vessel, of any nature whatsoever, engaged in maritime navigation, whether privately or publicly owned, with the exception of ships of war. The Committee would also appreciate receiving statistical information on the number of seafarers, as defined by the Convention, employed on vessels registered in the island, as well as information regarding the application of the Convention in practice, as requested under Part V of the report form.