Medical Examination (Fishermen) Convention, 1959 (No. 113) - Montenegro (Ratification: 2006)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Repetition

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that a draft law on maritime safety was under preparation. The Committee notes in this regard that the Law of 23 December 2013 on Maritime Safety (hereinafter, referred to as “the Law on Maritime Safety”) is currently in force in the country.

In order to provide an overview of the issues relating to the application of conventions related to fishing, the Committee considers it helpful to examine them in a single comment as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 2 of the Convention. Medical certificate. The Committee had requested the Government to specify the legal provision establishing that fishers shall not be engaged for employment on a fishing vessel unless they produce a fitness medical certificate signed by a medical practitioner approved by the competent authority, in accordance with the provisions of Article 2of the Convention. In this regard, the Committee notes that under section 118(4) of the Law on Maritime Safety, an authorized medical doctor shall issue a seafarer’s medical certificate based on the established medical fitness, on a prescribed form. According to Annex 1 to the Rulebook on detailed conditions for determining medical fitness of seafarers (hereinafter, referred to as “the Rulebook”), which includes a model form of a certificate on medical fitness of seafarer, the medical certificate shall be signed by an occupational medicine specialist. Moreover, section 118(6) of the Law on Maritime Safety prescribes that prior to beginning work on a ship, seafarers shall hold a valid medical certificate attesting that they are medically fit to perform the duties assigned to them on a ship. The Committee takes note of this information.

Article 3. Nature of medical examination. The Committee had requested the Government to indicate any specific provisions regulating the nature of the medical examinations to be made and the particulars to be included in the medical certificate issued to fishers. The Committee notes in this regard that section 118(14) of the Law on Maritime Safety provides that the Government’s authority in charge of health care affairs under the consent of the Ministry shall prescribe more detailed requirements on medical examinations. The Committee further notes that the model form of the medical certificate included in Annex 1 to the Rulebook refers to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention) and the Maritime Labour Convention, 2006, as amended (MLC, 2006) and takes into account the requirements of Article 3(1), (2) and (3) of the Convention. The Committee takes note of this information.

Article 4. Validity of medical certificates. The Committee had requested the Government to take measures to ensure that medical certificates of young persons of less than 21 years of age remain in force for a period not exceeding one year. The Committee notes in this regard that section 118(9) of the Law on Maritime Safety prescribes that medical examinations of seafarers under the age of 18, and of seafarers under the age of 21 engaged on fishing vessels shall be conducted every year, and that according to section 118(7) of the Law on Maritime Safety, seafarers’ medical certificates shall be valid for a period of two years, after which they shall be subject to re-examination of their medical fitness. The Committee takes note of this information.

Article 5. Further examination. Independence of the medical referee. Noting the Government’s indication that an appeals commission was provided for under the Health Insurance Fund, the Committee had requested it to specify the relevant legal provisions. The Committee notes in this regard that according to the provisions of section 118(5) of the Law on Maritime Safety, a person not satisfied with the assessment of medical fitness may submit a complaint to a health care institution for re-examination of medical fitness. The model form of the medical certificate included in Annex 1 to the Rulebook indicates that the examinee shall sign it only if confirming that she/he has been informed of the content of the certificate and of the right to a review in accordance with paragraph 6 of section A I/9 of the STCW Code. The Committee notes the Government’s reference to the provisions of section 9(1) items 10, 11 and 12 of the Rules on composition, method of establishment and the work of the first instance medical commission. According to the Government, these provisions stipulate that the Medical Commission gives an opinion on the merits of the complaint of the insured person on the findings and opinions of the chosen doctor and the exercise of other rights under the compulsory health insurance. The Committee further notes that section 2 of these Rules defines the Medical Commission as a professional medical authority and section 5 of the said Rules determines the composition of the Medical Commission (the Director of the Health Insurance Fund and specialised doctors from different branches of medicine). The Committee takes note of this information.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Articles 1 and 2 of the Convention. Implementing legislation. The Committee notes that section 153 of this Law regulates employment agreements for work on ships engaged in international voyage, whereas the Convention does not distinguish between international and domestic voyages. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that fishers engaged in domestic voyages are also covered by the provisions of the Convention.

Article 3. Signature of the articles of agreement. The Committee notes that section 153(4) of the Law on Maritime Safety provides that the ship operator or the company shall ensure that the crew member is informed about the conditions of employment on board and to submit a copy of the employment agreement at request of the competent authorities in the ports of call. However, it is not clear whether the signature of the agreement takes place under conditions that ensure adequate supervision by the competent authority, as prescribed by Article 3(2) and (3) of the Convention. The Committee therefore requests the Government to indicate the conditions which have been prescribed for the signature of the agreement to ensure adequate supervision by the competent public authority in accordance with Article 3(2) and (3) of the Convention.

Article 4. Non-departure from the rules as to jurisdiction over the agreement. The Committee notes that the Government has not provided any information on how it implements Article 4 of the Convention, which prescribes that “adequate measures shall be taken in accordance with national law for ensuring that the agreement shall not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement”. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 6. Particulars of the agreement. The Committee recalls that Article 6(3) of the Convention prescribes that the fisher’s employment agreement shall contain certain minimum particulars. The Committee notes, in this regard, that section 153(13) of the Law on Maritime Safety indicates that the particulars of the employment agreement shall be prescribed by the Government’s authority in charge of employment affairs. The Committee requests the Government to clarify whether the Government’s authority has prescribed the particulars of the employment agreement and, if so, to provide a copy of the relevant texts.

Article 7. List of crew. The Committee notes that, in its previous comment, it had requested the Government to specify how effect is given to Article 7 of the Convention according to which, if national law provides that a list of crew shall be carried on board, the articles of agreement should be recorded in or annexed to such a list. The Committee notes that the Government has provided no information in this regard. The Committee therefore requests the Government to indicate the effect given to Article 7 of the Convention.

Article 8. On-board information on conditions of employment. The Committee had requested the Government to indicate the measures adopted to enable clear information to be obtained on board as to the conditions of employment as required by Article 8 of the Convention. The Committee notes in this regard that, according to section 153(4) of the Law on Maritime Safety, the ship operator or the company shall ensure that the crew member is informed about the conditions of their employment on board and to demonstrate the copy of employment agreement at request of competent authorities in the ports of call; moreover, section 153(7) of this Law prescribes that if the collective agreement forms all or part of the seafarers’ employment agreement, a copy of that agreement shall be available on board. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that a draft law on maritime safety was under preparation. The Committee notes in this regard that the Law of 23 December 2013 on Maritime Safety (hereinafter, referred to as “the Law on Maritime Safety”) is currently in force in the country.

In order to provide an overview of the issues relating to the application of conventions related to fishing, the Committee considers it helpful to examine them in a single comment as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 2 of the Convention. Medical certificate. The Committee had requested the Government to specify the legal provision establishing that fishers shall not be engaged for employment on a fishing vessel unless they produce a fitness medical certificate signed by a medical practitioner approved by the competent authority, in accordance with the provisions of Article 2of the Convention. In this regard, the Committee notes that under section 118(4) of the Law on Maritime Safety, an authorized medical doctor shall issue a seafarer’s medical certificate based on the established medical fitness, on a prescribed form. According to Annex 1 to the Rulebook on detailed conditions for determining medical fitness of seafarers (hereinafter, referred to as “the Rulebook”), which includes a model form of a certificate on medical fitness of seafarer, the medical certificate shall be signed by an occupational medicine specialist. Moreover, section 118(6) of the Law on Maritime Safety prescribes that prior to beginning work on a ship, seafarers shall hold a valid medical certificate attesting that they are medically fit to perform the duties assigned to them on a ship.The Committee takes note of this information.

Article 3. Nature of medical examination. The Committee had requested the Government to indicate any specific provisions regulating the nature of the medical examinations to be made and the particulars to be included in the medical certificate issued to fishers. The Committee notes in this regard that section 118(14) of the Law on Maritime Safety provides that the Government’s authority in charge of health care affairs under the consent of the Ministry shall prescribe more detailed requirements on medical examinations. The Committee further notes that the model form of the medical certificate included in Annex 1 to the Rulebook refers to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention) and the Maritime Labour Convention, 2006, as amended (MLC, 2006) and takes into account the requirements of Article 3(1), (2)and(3)of the Convention.The Committee takes note of this information.

Article 4. Validity of medical certificates. The Committee had requested the Government to take measures to ensure that medical certificates of young persons of less than 21 years of age remain in force for a period not exceeding one year. The Committee notes in this regard that section 118(9) of the Law on Maritime Safety prescribes that medical examinations of seafarers under the age of 18, and of seafarers under the age of 21 engaged on fishing vessels shall be conducted every year, and that according to section 118(7) of the Law on Maritime Safety, seafarers’ medical certificates shall be valid for a period of two years, after which they shall be subject to re-examination of their medical fitness.The Committee takes note of this information.

Article 5. Further examination. Independence of the medical referee. Noting the Government’s indication that an appeals commission was provided for under the Health Insurance Fund, the Committee had requested it to specify the relevant legal provisions. The Committee notes in this regard that according to the provisions of section 118(5) of the Law on Maritime Safety, a person not satisfied with the assessment of medical fitness may submit a complaint to a health care institution for re-examination of medical fitness. The model form of the medical certificate included in Annex 1 to the Rulebook indicates that the examinee shall sign it only if confirming that she/he has been informed of the content of the certificate and of the right to a review in accordance with paragraph 6 of section A I/9 of the STCW Code. The Committee notes the Government’s reference to the provisions of section 9(1) items 10, 11 and 12 of the Rules on composition, method of establishment and the work of the first instance medical commission. According to the Government, these provisions stipulate that the Medical Commission gives an opinion on the merits of the complaint of the insured person on the findings and opinions of the chosen doctor and the exercise of other rights under the compulsory health insurance. The Committee further notes that section 2 of these Rules defines the Medical Commission as a professional medical authority and section 5 of the said Rules determines the composition of the Medical Commission (the Director of the Health Insurance Fund and specialised doctors from different branches of medicine).The Committee takes note of this information.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Articles 1 and 2 of the Convention. Implementing legislation. The Committee notes that section 153 of this Law regulates employment agreements for work on ships engaged in international voyage, whereas the Convention does not distinguish between international and domestic voyages.The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that fishers engaged in domestic voyages are also covered by the provisions of the Convention.

Article 3. Signature of the articles of agreement. The Committee notes that section 153(4) of the Law on Maritime Safety provides that the ship operator or the company shall ensure that the crew member is informed about the conditions of employment on board and to submit a copy of the employment agreement at request of the competent authorities in the ports of call. However, it is not clear whether the signature of the agreement takes place under conditions that ensure adequate supervision by the competent authority, as prescribed by Article 3(2)and(3)of the Convention.The Committee therefore requests the Government to indicate the conditions which have been prescribed for the signature of the agreement to ensure adequate supervision by the competent public authority in accordance with Article 3(2) and (3) of the Convention.

Article 4. Non-departure from the rules as to jurisdiction over the agreement. The Committee notes that the Government has not provided any information on how it implements Article 4 of the Convention, which prescribes that “adequate measures shall be taken in accordance with national law for ensuring that the agreement shall not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement”.The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 6. Particulars of the agreement. The Committee recalls that Article 6(3)of the Convention prescribes that the fisher’s employment agreement shall contain certain minimum particulars. The Committee notes, in this regard, that section 153(13) of the Law on Maritime Safety indicates that the particulars of the employment agreement shall be prescribed by the Government’s authority in charge of employment affairs.The Committee requests the Government to clarify whether the Government’s authority has prescribed the particulars of the employment agreement and, if so, to provide a copy of the relevant texts.

Article 7. List of crew. The Committee notes that, in its previous comment, it had requested the Government to specify how effect is given to Article 7of the Convention according to which, if national law provides that a list of crew shall be carried on board, the articles of agreement should be recorded in or annexed to such a list. The Committee notes that the Government has provided no information in this regard.The Committee therefore requests the Government to indicate the effect given to Article 7 of the Convention.

Article 8. On-board information on conditions of employment. The Committee had requested the Government to indicate the measures adopted to enable clear information to be obtained on board as to the conditions of employment as required by Article 8 of the Convention. The Committee notes in this regard that, according to section 153(4) of the Law on Maritime Safety, the ship operator or the company shall ensure that the crew member is informed about the conditions of their employment on board and to demonstrate the copy of employment agreement at request of competent authorities in the ports of call; moreover, section 153(7) of this Law prescribes that if the collective agreement forms all or part of the seafarers’ employment agreement, a copy of that agreement shall be available on board.The Committee takes note of this information.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Implementing legislation. The Committee had noted in its previous comments the Government’s indication that a draft law on maritime safety was under preparation. The Committee notes in this regard that the Law of 23 December 2013 on Maritime Safety (hereinafter, referred to as “the Law on Maritime Safety”) is currently in force in the country.

In order to provide an overview of the issues relating to the application of conventions related to fishing, the Committee considers it helpful to examine them in a single comment as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 2 of the Convention. Medical certificate. The Committee had requested the Government to specify the legal provision establishing that fishers shall not be engaged for employment on a fishing vessel unless they produce a fitness medical certificate signed by a medical practitioner approved by the competent authority, in accordance with the provisions of Article 2 of the Convention. In this regard, the Committee notes that under section 118(4) of the Law on Maritime Safety, an authorized medical doctor shall issue a seafarer’s medical certificate based on the established medical fitness, on a prescribed form. According to Annex 1 to the Rulebook on detailed conditions for determining medical fitness of seafarers (hereinafter, referred to as “the Rulebook”), which includes a model form of a certificate on medical fitness of seafarer, the medical certificate shall be signed by an occupational medicine specialist. Moreover, section 118(6) of the Law on Maritime Safety prescribes that prior to beginning work on a ship, seafarers shall hold a valid medical certificate attesting that they are medically fit to perform the duties assigned to them on a ship. The Committee takes note of this information.

Article 3. Nature of medical examination. The Committee had requested the Government to indicate any specific provisions regulating the nature of the medical examinations to be made and the particulars to be included in the medical certificate issued to fishers. The Committee notes in this regard that section 118(14) of the Law on Maritime Safety provides that the Government’s authority in charge of health care affairs under the consent of the Ministry shall prescribe more detailed requirements on medical examinations. The Committee further notes that the model form of the medical certificate included in Annex 1 to the Rulebook refers to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW Convention) and the Maritime Labour Convention, 2006, as amended (MLC, 2006) and takes into account the requirements of Article 3(1), (2) and (3) of the Convention. The Committee takes note of this information.

Article 4. Validity of medical certificates. The Committee had requested the Government to take measures to ensure that medical certificates of young persons of less than 21 years of age remain in force for a period not exceeding one year. The Committee notes in this regard that section 118(9) of the Law on Maritime Safety prescribes that medical examinations of seafarers under the age of 18, and of seafarers under the age of 21 engaged on fishing vessels shall be conducted every year, and that according to section 118(7) of the Law on Maritime Safety, seafarers’ medical certificates shall be valid for a period of two years, after which they shall be subject to re-examination of their medical fitness. The Committee takes note of this information.

Article 5. Further examination. Independence of the medical referee. Noting the Government’s indication that an appeals commission was provided for under the Health Insurance Fund, the Committee had requested it to specify the relevant legal provisions. The Committee notes in this regard that according to the provisions of section 118(5) of the Law on Maritime Safety, a person not satisfied with the assessment of medical fitness may submit a complaint to a health care institution for re-examination of medical fitness. The model form of the medical certificate included in Annex 1 to the Rulebook indicates that the examinee shall sign it only if confirming that she/he has been informed of the content of the certificate and of the right to a review in accordance with paragraph 6 of section A I/9 of the STCW Code. The Committee notes the Government’s reference to the provisions of section 9(1) items 10, 11 and 12 of the Rules on composition, method of establishment and the work of the first instance medical commission. According to the Government, these provisions stipulate that the Medical Commission gives an opinion on the merits of the complaint of the insured person on the findings and opinions of the chosen doctor and the exercise of other rights under the compulsory health insurance. The Committee further notes that section 2 of these Rules defines the Medical Commission as a professional medical authority and section 5 of the said Rules determines the composition of the Medical Commission (the Director of the Health Insurance Fund and specialised doctors from different branches of medicine). The Committee takes note of this information.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Articles 1 and 2 of the Convention. Implementing legislation. The Committee notes that section 153 of this Law regulates employment agreements for work on ships engaged in international voyage, whereas the Convention does not distinguish between international and domestic voyages. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that fishers engaged in domestic voyages are also covered by the provisions of the Convention.

Article 3. Signature of the articles of agreement. The Committee notes that section 153(4) of the Law on Maritime Safety provides that the ship operator or the company shall ensure that the crew member is informed about the conditions of employment on board and to submit a copy of the employment agreement at request of the competent authorities in the ports of call. However, it is not clear whether the signature of the agreement takes place under conditions that ensure adequate supervision by the competent authority, as prescribed by Article 3(2) and (3) of the Convention. The Committee therefore requests the Government to indicate the conditions which have been prescribed for the signature of the agreement to ensure adequate supervision by the competent public authority in accordance with Article 3(2) and (3) of the Convention.

Article 4. Non-departure from the rules as to jurisdiction over the agreement. The Committee notes that the Government has not provided any information on how it implements Article 4 of the Convention, which prescribes that “adequate measures shall be taken in accordance with national law for ensuring that the agreement shall not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement”. The Committee therefore requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 6. Particulars of the agreement. The Committee recalls that Article 6(3) of the Convention prescribes that the fisher’s employment agreement shall contain certain minimum particulars. The Committee notes, in this regard, that section 153(13) of the Law on Maritime Safety indicates that the particulars of the employment agreement shall be prescribed by the Government’s authority in charge of employment affairs. The Committee requests the Government to clarify whether the Government’s authority has prescribed the particulars of the employment agreement and, if so, to provide a copy of the relevant texts.

Article 7. List of crew. The Committee notes that, in its previous comment, it had requested the Government to specify how effect is given to Article 7 of the Convention according to which, if national law provides that a list of crew shall be carried on board, the articles of agreement should be recorded in or annexed to such a list. The Committee notes that the Government has provided no information in this regard. The Committee therefore requests the Government to indicate the effect given to Article 7 of the Convention.

Article 8. On-board information on conditions of employment. The Committee had requested the Government to indicate the measures adopted to enable clear information to be obtained on board as to the conditions of employment as required by Article 8 of the Convention. The Committee notes in this regard that, according to section 153(4) of the Law on Maritime Safety, the ship operator or the company shall ensure that the crew member is informed about the conditions of their employment on board and to demonstrate the copy of employment agreement at request of competent authorities in the ports of call; moreover, section 153(7) of this Law prescribes that if the collective agreement forms all or part of the seafarers’ employment agreement, a copy of that agreement shall be available on board. The Committee takes note of this information.

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

Article 2 of the Convention. Medical certificate. The Committee notes the Government’s reference to section 16 of the Health Care Act of 9 April 2004 (Official Gazette No. 39/04) which provides in general terms for general medical checkups, initial, periodical and control medical examinations for all employees having regard to their gender, age, working conditions and medical record. Recalling that Article 2 of the Convention requires that no person be engaged on a fishing vessel without a medical certificate signed by a medical practitioner, the Committee requests the Government to specify the legal provision establishing such a precondition to employment in maritime fishing.

Article 3. Nature of medical examination. The Committee notes the Government’s reference to sections 2 and 3 of the rulebook on the manner and procedure of carrying out initial and periodical specialist medical examinations of workers (Official Gazette No. 25/80), specifying the nature of the medical examinations to be undertaken. As the rulebook on medical examinations has not been made available to the Office, the Committee would appreciate receiving a copy. It also requests the Government to indicate any specific provisions regulating the nature of the medical examinations to be made and the particulars to be included in the medical certificate issued to fishers.

Article 4. Validity of medical certificates. The Committee notes the Government’s indication that medical certificates are valid for a period of two years. Recalling that under Article 4(1) of the Convention, the medical certificates of young persons of less than 21 years of age must remain in force for a period not exceeding one year, the Committee requests the Government to take measures to bring the national legislation in line with this requirement of the Convention.

Article 5. Further examination by a medical referee. The Committee notes the Government’s indication that an appeals commission is provided for under the Health Insurance Fund. The Committee requests the Government to specify the relevant legal provision.

Part V of the application form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, the number of fishers covered by the Convention, statistics on the number of medical examinations carried out and medical certificates issued each year, a specimen of the current medical certificate, and extracts from reports of the inspection services showing any infringements of the relevant legislation.

Finally, the Committee wishes to draw the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. In particular, Articles 10 to 12 of Convention No. 188 essentially reproduce the provisions of the present Convention while affording greater flexibility in respect of vessels which are less than 24 metres in length and do not normally remain at sea for more than three days. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.