Maritime Labour Convention, 2006 (MLC, 2006) - Bulgaria (Ratification: 2010)

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

Previous comment

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for Bulgaria on 26 December 2020.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by Bulgaria during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. The Committee notes that, in response to its previous request, the Government indicates that an amendment has been made to the definition of “seafarer” in paragraph 1, item 1 of the Supplementary Provisions of the Ordinance on the Conditions and Procedures for Employment Agency Activities which states, as follows: “Seafarer” shall mean ”any person who meets the conditions established by the flag State for employment in a given position on board a ship, with the exception of military ships and ships used by the State for non-commercial purposes”. The Committee observes that this new definition still coexists with the definition of article 87, paragraph 1, of the Merchant Shipping Code (MSC) and paragraph 1(а), item 9 of the Supplemental Provision of the MSC, which seem to narrow the definition of “seafarer” to persons possessing a certificate of competence or qualification under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as indicated in its previous comment. Furthermore, the Committee observes that the provisions to which the Government refers apply only to seafarers recruited through mediation services and may not necessarily encompass “any person who is employed or engaged or works in any capacity on board a ship”, as provided for under Article II, paragraph 1(f) of the Convention given that the conditions established by the flag State for employment on board a ship might be those defined by article 87 of the MSC. The Committee requests the Governmentto specify what are the “conditionsestablished by the flag State for employment in a given position on board a ship” that persons have to meet to be considered as a seafarer.The Committee further requests the Government to clarify the articulation of the relevant national legislation on the definition of “seafarer” and to indicate the measures taken to harmonize its legislation in order to ensure its full conformity with Article II, paragraph 1(f).

Cadets. Referring to its previous comments, the Committee notes the Government’s indication that article 4, paragraph 2 under section I (Conditions for hiring and concluding an employment contract) of the Ordinance on Labour and Directly Related Relations Between Crew Members and Ship’s Service Personnel and the Shipowner (hereafter Ordinance on Labour) states that “persons between 16 and 18 years of age shall be admitted on board the vessel for the purpose of sailing training”. The Government further states that article 10, item 1 of Ordinance No. 6 of 17 June 2021 on the Competence of Seafarers in the Republic of Bulgaria provides that a “trainee in maritime navigation” is “a person sailing as an understudy in the appropriate position, under the direction of the master, his designated officer, or the chief engineer officer.” While noting this information, the Committee observes that the Government has not indicated if cadets are considered seafarers and therefore benefit from the protection provided by the Convention. The Committee once again requests the Government to provide clarification on this point and to adopt the necessary measures to ensure that cadets are regarded as seafarers for the purposes of the Convention.

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee notes that article 2, paragraph 1, items 2 and 3 of the Ordinance on Labour provides that the said ordinance does not apply to ships used for sports, tourism and entertainment nor to sea vessels with a size of up to 40 gross tons and a crew of up to four people including. The Committee recalls that Article II, paragraph 1(i) and 4, provides that the Convention applies to all ships, regardless of tonnage, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. The Committee requests the Government to provide information on the types of ships that fall under these categories of ships. The Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all ships within the meaning of the Convention, including ships used for sports, tourism and entertainment that are ordinarily engaged in commercial activities as well as ships of 40 gross tonnage and below.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that, in response to its previous request, the Government indicates that article 35, paragraph 4 of the Ordinance on the Conditions and Procedures for Employment Agency Activities provides that “[t]he intermediary shall keep with the concluded intermediary contract a declaration of the shipowner that it has a system for the protection of seafarers from abandonment in foreign ports. The declaration shall be kept in a certified copy and, in cases where it is not in Bulgarian, in an official translation into Bulgarian”. The Committee observes that this provision does not comply with the requirement of Standard A1.4, paragraph 5(c)(vi), given that the system of protection only seems to cover abandonment in foreign ports, and that the obligation to establish such system of protection seems to be under the responsibility of the shipowner and not the recruitment and placement services. The Committee recalls that Standard A1.4, paragraph 5(c)(vi) provides for the establishment of a system of protection to compensate seafarers not only in case of abandonment but “for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. Furthermore, the Committee recalls that under Standard A1.4, paragraph 5(c)(vi) such system of protection, by way of insurance or an equivalent appropriate measure, should be established by the seafarer recruitment and placement services, in addition to any insurances provided by the shipowner. The Committee requests the Government to indicate the measures adopted to give full effect to Standard 1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee observes that article 6, paragraph 7 of the Ordinance on Labour provides that “before starting work between the applicant and the employer or his representative, an employment contract is concluded” and that article 6, paragraph 2, item 2 stipulates that the employment contract shall be concluded in writing and shall contain details of the employer. Article 6, paragraph 7 of that same Ordinance further states that “[t]he employment contract shall be signed in three copies, one of which is kept on board the ship by the master and the other two are for the parties to the employment relationship.” The Committee recalls that, in accordance with Standard A2.1, paragraph 1(a), the seafarers’ employment agreement (SEA) is to be signed by or on behalf of the shipowner who is responsible for ensuring compliance with all the requirements of the Convention relating to the working and living conditions of the seafarers and who, by such signature, becomes legally responsible vis-à-vis the seafarer for compliance with all those requirements, whether or not the shipowner is considered to be the employer of the seafarer. The Committee stresses the importance of the basic legal relationship that the MLC, 2006, establishes between the seafarer and the person defined as ‘shipowner’ under Article II. The Committee requests the Government to clarify who are the parties of the seafarers’ employment agreement and to take the necessary measures to ensure that the shipowner remains legally responsible vis-à-vis the seafarer for all the requirements of the Convention relating to the working and living conditions of the seafarers, as required under Standard A2.1, paragraph 1.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreements. Examination and advice before signing. The Committee notes that, in response to its previous request, the Government indicates that article 7 of the Ordinance on Labour provides that “before commencing employment, the employer shall acquaint the applicant with the degree of risk and the nature and character of the work on board ship, and this shall be certified in writing by the persons”. While noting this information, the Committee observes that this provision does not entail informing seafarers of their rights and their obligations as mentioned in the SEA before the process of entering into service and giving them the opportunity to examine and seek advice on the agreement before signing it, as provided for under Standard A2.1,paragraph 1(b) of the Convention. Noting that the Government refers to the same article of the aforementioned Ordinance, which remains unchanged in this respect, the Committee reiterates its previous request to provide information on any development on this possible amendment to the existing legislation to ensure full compliance with this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that the Government supplied a copy of an example of a seaman’s discharge book. It observes, however, that the document contains a space for “Master’s remarks on duties discharge” and that the instructions specify that “the ship’s Master may make brief evaluation of seafarer’s work, namely: – performance of seafarer’s official duties – poor, good, very good; – discipline – poor, good, very good; – alcohol and drug abuse – yes/no; – promotion during the voyage – yes/no, to what capacity.” The Committee recalls that under Standard A2.1, paragraph 3, the document containing a record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages. It requests the Government to take the necessary measures to ensure conformity with this provision of the Convention.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that, in response to its previous request, the Government refers to article 23(d), paragraph 4 of the Ordinance on Labour which provides that the breaks in the working day shall be taken on board while the ship is afloat or at anchor or at berth, or ashore when the ship is in port. The Committee, however, observes that this provision only applies to seafarers sailing on inland waterways. Recalling that, in accordance with Regulation 2.4, paragraph 2 of the Convention, seafarers shall be granted shore leave to benefit their health and well-being, consistent with the operational requirements of their positions, the Committee accordingly requests the Government to adopt the necessary measures to give effect to this provision of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition to forgo paid annual leave. Exceptions. Referring to its previous comments, the Committee notes the Government’s indication that article 34, paragraph 1 of the Ordinance on Labour was amended in 2018 and now provides that “the parties to the employment relationship cannot agree on compensation of the basic paid annual leave or part of it with monetary compensation, except in the cases of early termination of the employment relationship”. The Committee observes that article 34, paragraph 2 further provides that “the parties to the employment relationship may agree on the use of additional paid annual leave or compensatory holidays to be replaced in whole or in part with the payment of monetary compensation”. The Committee concludes that the basic paid annual leave, calculated on the basis of a minimum of 2.5 calendar days per month of employment, cannot be forgone, and that the payment of monetary compensation can only apply to additional paid annual leave. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.5.2. The Committee notes with interest that the provisions of article 13a of the Ordinance on Labour give effect to the requirements of Standard A2.5.2 and that the Government has provided a copy of a certificate of insurance or other financial security in respect of seafarer financial repatriation costs and liabilities, as required under Regulation 2.5 and Standard A2.5.2. The Committee takes note of this information, which addresses its previous request.

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. The Committee notes that, in response to its previous request, that the Government indicates that the combined reading of article 10, paragraph 1 of the Ordinance on Labour with respect to circumstances under which a seafarer is entitled to repatriation (which includes illness, accident or medical emergency and structural loss of the ship) and article 13a of that same Ordinance regarding the financial security to be provided for compensation in the event of abandonment of a seafarer, gives effect to the requirement of Regulation 2.6 and the Code. The Committee observes that these provisions do not relate specifically to unemployment arising from the ship’s loss or foundering. The Committee requests the Government to indicate how it ensures that the seafarer receives adequate compensation in the case of unemployment arising from the ship’s loss or foundering (Standard A2.6, paragraph 1 and Guideline B2.6.1).

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. Referring to its previous comments, the Committee notes the Government’s indication that Standard A.2.7, paragraph 3 is implemented through the provisions of articles 37, 38 and 42 of the Ordinance on Labour, which require the provision of food and water on board according to the composition of the crew and service personnel, the duration and nature of the voyage and that meals on board shall be prepared by suitably qualified persons. The Committee, however, notes that the provisions referred to by the Government still do not adequately implement the Convention, in particular as they do not ensure that the manning requirements take into account the ship’s cook or catering staff. Recalling that under Standard A2.7, paragraph 3, when determining manning levels the competent authority must take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering, the Committee requests the Government to indicate how the maritime administration takes into account the requirement related to the need to have a fully qualified cook or a person trained in the area of food as well as adequately trained catering staff.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that, in response to its previous request, the Government indicates that the provisions of articles 43–45 of the Ordinance on Labour, as amended in 2018, give effect to the requirements of Regulation 3.1 and the Code. The Committee observes that article 45 provides that shipowners and branch organizations shall periodically carry out joint inspections to ensure compliance with the conditions referred to in article 43 for the satisfaction of the needs of crew members and service personnel in accordance with the requirement of Standard A3.1, paragraph 18. The Committee, however, observes that the provisions of the Ordinance on Labour remain of general nature without giving effect to the detailed requirements of Regulation 3.1 and the Code. The Committee recalls that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities. The Committee requests, once again, the Government to adopt the necessary measures to ensure that full effect is given to Regulation 3.1 and the Code, and to provide updated information on the progress made in this regard.

Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital accommodation. The Committee notes that article 6 of Ordinance No. 9 on the Medical Care on Ships provides that a seagoing ship with 500 GT and above, with 15 or more crew members, if the voyage time exceeds three days, shall provide a suitably furnished room for rendering medical assistance and storage of medicinal and medical products. Noting that hospital accommodation is required only for vessels with a gross tonnage of 500 or more, the Committee recalls that Standard A3.1, paragraph 12, does not contain such limitation. Recalling that the obligation to provide separate hospital accommodation applies to all vessels carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration, the Committee accordingly requests the Government to adopt the necessary measures to give full effect to Standard A3.1, paragraph 12.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. The Committee observes that Ordinance No. 9 on the Medical Care on Ships, as amended in 2022, provides for remote medical advice to be provided by radio consultation in case of medical assistance needed. Noting however that article 1 of this Ordinance regulates the conditions and procedure for providing medical care to ships sailing under the Bulgarian flag, the Committee reiterates its request to the Government to specify if this service is provided free of charge to all ships irrespective of the flag they fly.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes with interest that the Government refers to article 54(a) of the Ordinance on Labour, as amended in 2018, which complies with the new requirements of the Convention. The Committee takes note of this information.

Regulation 4.4 and Standard A4.4, paragraph 2. Development of shore-based welfare facilities in appropriate ports.Noting that the Government does not provide information on this point, the Committee reiterates its request to the Government to provide up-to-date information on any measures taken to promote the development of shore-based welfare facilities in appropriate ports in its country.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. Referring to its previous comments, the Committee notes the Government’s indication that the list of existing bilateral international social security treaties with countries other than European Union is available on the Website of the Ministry of Labour and Social Policy and that it has prioritized a number of countries for the period 2022–23 for the negotiation and development of new social security treaties, also listed on the Website. The Committee takes note of this information and requests the Government to provide information on any developments in this regard.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance (DMLC). Content.Noting that the Government has not submitted new examples of DMLC Part II, the Committee reiterates its previous request.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. Referring to its previous comments, the Committee notes the Government’s indication that articles 54(b) and 54(c) of the Ordinance on Labour, as amended in 2018, give effect to the various requirements of the on-board complaint procedures, as provided for under Regulation 5.1.5 and the Code. The Committee takes note of this information, which addresses its previous request.

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

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and in 2016 entered into force for Bulgaria, respectively, on 18 January 2017 and on 8 January 2019. It further notes that the Government’s report was received before the entry into force for Bulgaria of these amendments. The Committee notes the efforts undertaken by the Government to implement the Convention. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. In its previous comment, the Committee requested the Government to clarify whether any person employed, engaged or working in any capacity on board a ship to which the Convention applies is considered a seafarer for the purposes of the Convention. The Committee notes the Government’s indication that pursuant to article 87, paragraph 1, of the Merchant Shipping Code (MSC), the crew of the ship are deemed persons possessing specific qualifications or seafarers, according to the definition of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended. Paragraph 1а, item 9 of the Supplemental Provision of the MSC defines seafarers as natural persons assuming the position on board a ship or on shore, possessing a certificate of qualification for additional and/or special training. The Government further states that this definition conforms to the definition provided under the MLC, 2006. The Committee notes however that the different pieces of legislation referred to by the Government seem to narrow the definition of “seafarer” to persons possessing a certificate of competence or qualification under the STCW. The Committee recalls that the definition of seafarers in Article II, paragraph 1(f) of the Convention, encompasses not only personnel with navigational and vessel operation tasks, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). The Committee therefore requests the Government to amend its national legislation to ensure full conformity with the Convention.

Cadets. The Committee also requested the Government to clarify whether persons between 16 and 18 years of age on board ship for training in navigation are considered as seafarers under Bulgarian legislation. The Committee notes that the Government did not reply to this request. The Committee recalls that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that cadets are to be regarded as seafarers for the purpose of the Convention. The Committee once again requests the Government to provide clarification on this point and to adopt the necessary measures to ensure that cadets are regarded as seafarers for the purposes of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee requested the Government to provide information on the types of work that have been determined to be likely to jeopardize the health or safety of these seafarers. The Committee notes the Government’s reference to Ordinance No. 6 dated 24 July 2006, issued by the Minister of Labour and Social Policy and the Minister of Health, on the conditions and order for work permits of persons under the age of 18 which explicitly envisions the types of work and working environment under which persons under the age of 18 are forbidden to work. A detailed (non-exhaustive) list is provided in the appendix to article 8, paragraph 2 of the same Ordinance. The Government considers that the types of work envisaged in Guideline В4.3.10, paragraph 2 banned for seafarers under the age of 18 coincide with the ones outlined in the Appendix specified above. The Committee takes notes of this information, which responds to its previous request.

Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. The Committee requested the Government to indicate how it gives effect to Standard A1.2, paragraph 4 to ensure independence of medical practitioners. The Committee notes the Government’s indication that professional independence of the medical specialists for seafarers is guaranteed via an explicit set of requirements. The Government refers to article 12, paragraphs 4–8 of Ordinance No. Н-11 of 30 April 2014 requiring objective criteria, as well as individual professional assessment upon provision of conclusions regarding the health fitness of seafarers by the respective medical specialists. Conclusions provided by the medical specialists are certified by the personal signature and in their capacity of officials, medical specialists bear criminal liability in the event of providing or certifying false data. In addition, they are not directly employed by shipowners but are employees of the healthcare institutions pursuant to article 7, paragraphs 1 and 2 of Ordinance No. Н-11 of 30 April 2014. The Committee takes note of this information which responds to its previous request.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee requested the Government to indicate how effect is given to this requirement of the Convention. The Committee notes the Government’s answer that national legislation does not contain an explicit text regulating this issue. The Government further refers to the Ordinance on the conditions and order for performance of mediation activities for employment, section IV “Mediation activities on employment of sailors”, article 34, (as amended – SG, Issue 52 dated 2006), according to which mediation activities for employment of seafarers are implemented in line with the requirements of the Conventions of the ILO and the IMO, ratified and enforced for the Republic of Bulgaria. While noting this information, the Committee recalls that paragraph 5(c)(vi) of Standard A1.4 provides that a Member adopting private seafarer recruitment and placement services shall, in its laws and regulations or other measures, at a minimum establish a system of protection such as an insurance arrangement, to ensure that seafarers can be duly compensated for any monetary loss caused by the recruitment and placement services or the relevant shipowner. The Committee consequently requests the Government to adopt concrete measures in order to give full effect to this requirement of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. The Committee requested the Government to provide further information on the implementation of this provision for seafarers directly recruited by the shipowner (and not through a recruitment agency). The Committee notes the Government’s indication that pursuant to article 62, paragraph 6 of the Labour Code, the employer (which in this specific case also includes shipowner) undertakes to familiarize the sailor with the nature of the work and the labour-related obligations upon performance of the employment contract/agreement. These clarifications should also include data regarding the specific risks, connected to the work on board the specific ship. The Committee also notes the Government’s statement that it is possible to propose an amendment of the Ordinance for Labour and Associated Relations between the Crew and the Shipowner (hereafter Ordinance for Labour), to include a specific text regarding the possibility for seafarers to examine and seek advice regarding the agreement, before signing. The Committee requests the Government to provide information on any development on this possible amendment to the existing legislation to ensure full compliance with the Convention (paragraph 1(b) of Standard A2.1).

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee requested the Government to indicate the measures requiring shipowners to take measures with respect to transmitting wages as required under these provisions of the Convention. The Committee notes the Government’s reference to article 270, paragraph 3 of the Labour Code, providing for the possibility for workers (seafarers), upon request, for remittance of their labour remuneration to their relatives/next of kin or to a specified bank account. The Committee takes note of this information which addresses its previous request.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Noting that the Labour Code does not contain provisions implementing this requirement, the Committee requested the Government to indicate the measures taken to give effect to Regulation 2.4, paragraph 2. Noting that the Government does not provide an answer on this point, it reiterates its previous request.

Regulation 2.4 and Standard A2.4, Paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee requested the Government to clarify whether agreements to forgo annual leave are permitted under its legislation. The Committee notes the Government’s indication that, although article 34 of the Ordinance for Labour allows the theoretical possibility for replacement of the due annual leave with pecuniary compensation, an agreement to forgo annual leave is prohibited by article 178 of the Labour Code. The Government further indicates that a procedure on amendments of national legislation shall be engaged and correct this non-conformity. Noting the inconsistency in the existing legislation, the Committee requests the Government to adopt the necessary measures to ensure that any agreement to forgo the minimum annual leave with pay is prohibited, except in specific cases provided for by the competent authority.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. The Committee requested the Government to indicate how it ensures implementation of this provision of the Convention. The Committee notes the Government’s indication that by virtue of combined application of article 328, paragraph 1, item 12 of the Labour Code and article 886 of the Commercial Shipping Code, in case of impossibility for performance of the employment contract (such as sinking of the ship) the shipowner will have to give prior notice of at least 30 days to the seafarer and during this period of notice the seafarer will receive labour remuneration, calculated in a commensurate manner. The Government further indicates that for greater clarity, proposals for amendments to the Ordinance for Labour have been prepared in order to regulate the compensation of seafarers in these cases. Noting that the existing legislation does not give effect to Regulation 2.6 and the Code, the Committee requests the Government to adopt the necessary measures to ensure full compliance with this provisions of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning Levels. Food and catering. The Committee requested the Government to clarify whether determinations of manning levels of ships take into account Regulation 3.2 and Standard A3.2. The Committee notes the Government’s indication that items 6.12 and 7.5 of Appendix 8 to article 13, paragraph 2 of the Ordinance No. 6 of 5 April 2012 on Seafarers’ Competence in the Republic of Bulgaria explicitly provides, upon determination of the minimum safe crew, the application of all rules of the MLC, 2006, including provision of food and potable water for the entire crew of the ship. The maritime administration possesses the exclusive right to require correction of the number and composition of the minimum safe crew from the shipowner when it finds that some of the applicable norms of the MLC, 2006 are not taken into consideration. The Committee hopes, when determining manning levels, the maritime administration will in particular take into account the requirements of Standard A3.2 related to the need to have a fully qualified cook or a person trained in the area of food as well as adequately trained catering staff.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting that the existing provisions are of a general nature and do not address all the requirements under this Regulation, the Committee requested the Government to provide further information in this regard. The Committee notes the Government’s indication that, according to article 43 of the Ordinance for Labour, the shipowner is obligated to ensure, free of charge and in a non-discriminatory manner, a number of recreational facilities including access to internet communications, where possible. The Government further refers to the direct application of Regulation 3.1 in its national legislation, in accordance with the constitutional principle guaranteeing precedence of ratified international conventions over the provisions of national legislation, which are contradictory to them. While the Committee takes note of this information, it observes that a number of provisions of Regulation 3.1 are not self-executory and require the Government to adopt laws and regulations or other measures in order to implement them. This is notably the case of Standard A3.1, paragraph 18 under which the competent authority shall require frequent inspections to be carried out on board ships, by or under the authority of the master, to ensure that seafarer accommodation is clean, decently habitable and maintained in a good state of repair. The Committee further notes the Government’s indication that for greater clarity and completeness, a proposed amendment to the Ordinance for Labour is under preparation. The Committee accordingly requests the Government to indicate the measures adopted to give full effect to Regulation 3.1 and the Code.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. Noting that the Ordinance for Labour does not mention the obligation to take into account the differing cultural and religious background of seafarers, as required by paragraph 1 of Regulation 3.2 of the Convention, the Committee requested the Government to indicate how effect is given to this provision of the Convention. The Committee notes with interest that the Ordinance for Labour was amended in 2018 to comply with this requirement.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum requirements. Medical advice by radio or satellite. The Committee requested the Government to provide further information on the implementation of Standard A4.1, paragraph 4(d). The Committee notes the Government’s reference to article 9 of Ordinance No. Н-11 of 30 April 2014 on the determination of requirements for health fitness of seafarers in the Republic of Bulgaria which requires medical centres to provide round-the-clock on-duty service for the provision of medical consultations via telephone in Bulgarian and English to the seafarers on board a ship. Noting however that mentioned Ordinance does not specify if this service is provided free of charge to all ships irrespective of the flag they fly, the Committee requests the Government to provide clarifications on this point.

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. Noting the absence of a specific provision giving effect to Standard A4.2, paragraph 3, the Committee requested the Government to indicate how effect is given to this provision of Convention. The Committee notes the Government’s reference to article 162 of the Labour Code, according to which in the events of accident or illness demanding hospitalization of a seafarer, he/she shall be deemed on leave due to temporary disability. For the duration of the leave, the employee shall be paid a cash compensation within periods specified by a separate law. The Government, however, does not specify whether wages are to be paid to the seafarer during this period in accordance with Standard A4.2.1, paragraph 3. The Committee further notes that, according to article 49, paragraph 1, of the Ordinance for Labour, in case of temporary incapacity for work due to a general illness, an accident at work or an occupational disease, the crew members and the servicing personnel shall receive financial compensation. The Committee, however, observes that, although this article foresees a financial compensation to the sick or injured seafarer, it does not clarify whether wages are to be paid and during which period. The Committee recalls that in accordance with Standard A4.2.1, paragraph 3, where the sickness or injury results in incapacity for work the shipowner shall be liable: (a) to pay full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with this Convention; and (b) to pay wages in whole or in part as prescribed by national laws or regulations or as provided in collective agreements from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned. The Committee accordingly requests the Government once again to clarify how effect is given to this requirement of the Convention.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee notes the Government’s indication that it has planned amendments to the Ordinance for Labour in order to give effect to the 2014 amendments. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. Noting that article 67(2) of the Ordinance for Labour requires a safety committee to be established on board ships of ten seafarers or more, the Committee requested the Government to adopt measures to ensure that such committees are established on board a ship on which there are five or more seafarers in accordance with Standard A4.3, paragraph 2(d). The Committee notes with interest that article 67 of the Ordinance for Labour has been amended accordingly.

Regulation 4.4 and Standard 4.4., paragraph 2. Access to shore-based welfare facilities. Development of facilities in appropriate ports. The Committee notes the Government’s indication that there are no operating seafarer welfare facilities in its country. The Committee requests the Government to provide up-to-date information on any measures taken to promote the development of shore-based welfare facilities in appropriate ports in its country (Standard A4.4, paragraph 2).

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory and employed on board foreign ships (other than EU). The Committee requested the Government to provide clarifications on the measures taken to provide seafarers who are ordinarily resident in Bulgaria and employed on board ships flying the flag of a country not member of the EU with social security coverage no less favourable than that enjoyed by shoreworkers, in accordance with Standard A4.5, paragraphs 2 and 3. The Committee notes the Government’s indication that, under article 4(а) of the Social Security Code, seafarers must be subject to mandatory social security for general illness and maternity, disabilities due to general illness, old age, death, labour/work accident and occupational illness over a selected monthly social security income determined for self-employed persons by the State Social Security Budget Act. The Code also establishes the possibility for seafarers upon their own choice to make social security contributions for unemployment. The Committee observes that, contrary to shoreworkers, seafarers residing in Bulgaria and employed on board foreign ships (other than EU) would be assimilated to self-employed workers and would need to bear alone the financial burden of both employer’s and employee’s contributions. This situation is not in conformity with the principle established by Regulation 4.5, paragraph 3, according to which seafarers who are subject to the national social security legislation are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. The Committee therefore requests the Government to indicate measures taken or envisaged to comply with the principle of equality of treatment between seafarers and shoreworkers as regards social security protection in the case of seafarers serving on board foreign ships (other than EU), in particular by way of actively seeking to conclude bilateral or multilateral social security agreements, for example, with the most important flag States with a view to giving effect to the above principle.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee requested the Government to provide further information on the specific measures taken to ensure the effectiveness of the system in place for the inspection and certification of maritime labour conditions on ships. The Committee notes the Government’s indication that inspections and certification are executed by the Executive Agency Maritime Administration (EAMA). Regarding the efficiency of the system, the Government states that the Bulgarian system has been certified under the “ISO 9001” Standard Quality Management System. The Committee welcomes the adoption, referred to by the Government, of the special procedure No. 05-15 on the review and issue of documents for conventional ships according to the MLC, 2006, most recently updated in 2017, which contain detailed provision on the inspection and certification of ships. The Committee takes note of this information.

Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. The Committee requested the Government to provide the list of recognized organizations authorized to carry out inspections or certifications on behalf of Bulgaria. The Committee notes the Government’s indication that, currently, no recognized organization has been authorized to carry out these functions, which are solely performed by the competent authority (EAMA). The Committee takes note of this information which addresses its previous request.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance (DMLC). Content. Noting that two of the examples of the DMLC Part II provided by the Government mainly contained a list of references to other documents, the Committee requested the Government to instruct its inspectors to review the DMLC Part II to ensure that they are more informative concerning the ways in which the national requirements are to be implemented between inspections. The Committee notes the Government’s indication that inspectors of the EAMA were familiarized with this recommendation of the Committee and shall undertake due actions to require Bulgarian shipowners a revision of the DMLC Part II. The Committee takes note of this information and requests the Government to submit new examples with its next report.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5 and 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. Investigation and remedy. The Committee requested the Government to provide a copy of any national guidelines issued to inspectors under Standard A5.1.4, paragraph 7 and a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint regarding a breach of the requirements of the Convention (Standard A5.1.4, paragraph 5, and Guideline B5.1.4, paragraph 3). The Committee notes the Government’s indication that these requirements are included in Ordinance No. 11 on the inspections of ships and shipowners. The Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 10 and 11. Flag State responsibilities. Inspection and enforcement. Confidentiality. Noting the absence of information on specific provisions requiring that inspectors keep the source of the complaint confidential (Standard A5.1.4, paragraph 10) nor on the confidentiality regarding commercial processes which may come to the knowledge of inspectors in the course of their duties (Standard A5.1.4, paragraph 11(b)), the Committee requested the Government to indicate how effect is given to these requirements of the Convention. The Committee notes the Government’s indication that under article 31(е), paragraph 3 of Ordinance No. 11 on the inspection of ships and shipowners, inspectors preserve the confidentiality of the sources of complaints containing allegations on nonconformity of living and working of seafarers or violations of the legislation. In no way shall they inform the shipowner, the shipowner’s representative or the ship operator, that a particular inspection was performed as a result of such complaint. The Government further states that, concerning the confidentiality of commercial processes which may come to the knowledge of inspectors in the course of their duties, there is a legal obligation for all employees of the EAMA to preserve the secrecy of data (article 360, paragraph 4 of the Commercial Shipping Code). The Committee takes note of this information which addresses its previous requests.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee requested the Government to provide a copy of Bulgaria’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag (Regulation 5.1.5). The Committee notes the Government’s indication that this matter is regulated by article 54(6) of the Ordinance for Labour under which the shipowner has an obligation to adopt and implement written procedures for review of individual complaints on board the ship. The Committee recalls that according to the Convention, each Member shall ensure that, in its laws and regulations, appropriate on-board complaint procedures are in place to meet the requirements of Regulation 5.1.5 (Standard A5.1.5, paragraph 2). The Committee requests the Government to indicate how it ensures that the procedures developed by the shipowners meet the requirements of the Convention.

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents previously requested. The Committee reiterates its request as follows: a copy of the standard Maritime Labour Certificate, including Part I of the Declaration of Maritime Labour Compliance; an example in English of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); report or other document containing information on the objectives and standards established for Bulgaria’s inspection and certification system, including the procedures for its assessment (Standard A5.1.1); an example in English of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report or, if not yet available, during the previous period; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of the report in connection with the regime of the port State control pursuant to the provisions of Rule 5.2.1; a copy of the report in connection with the port State control arrangements (Regulation 5.2.1) and a copy in English of a document that describes the onshore-handling procedures (Regulation 5.2.2).

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

General questions on application. Implementing measures. The Committee notes that this is the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006) and that the Government has previously ratified 16 maritime labour Conventions, all of which were denounced following the entry into force of the Convention for Bulgaria.

Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

The Committee notes that the Merchant Shipping Code, as amended in State Gazette No. 108/2006, and the Ordinance for labour and immediately associated relations between the crew and shipowner, as amended in State Gazette No. 32/2014 (hereinafter “Ordinance for Labour”), and several other Ordinances as well as Marine Notices appear to be the main legislation or other measures implementing the Convention. The Committee understands that the Marine Notices are a form of regulatory action taken by the competent authority under the relevant legislation and are regarded as having the force of law. The Committee requests the Government to provide a copy of all relevant legislation or other regulatory instruments implementing the Convention.

The Committee reviewed the three examples of Part II of a DMLC prepared by shipowners. It notes that two of the examples of the approved DMLC Part II submitted by the Government mainly contain a list of references to other documents. The Committee draws the Government’s attention to its general observation adopted in 2014 and recalls that paragraph 10(a) of Standard A5.1.3 provides that the DMLC, Part I, drawn up by the competent authority shall not only “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but also provide, “to the extent necessary, concise information on the main content of the national requirements”. The Committee also recalls that paragraph 1 of Guideline B5.1.3 provides guidance with respect to the statement of national requirements, including recommending that “where national legislation precisely follows the requirement stated in this Convention, a reference may be all that is necessary”. However, in many cases a reference will not provide enough information on national requirements where they relate to matters for which the Convention envisages some differences in national practices. In these cases the DMLC, Part I, does not appear to fulfil the purpose for which it, along with the DMLC, Part II, is required under the Convention, which is to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements on the 14 listed matters are being properly implemented on board ship. The Committee also recalls, in that respect, that the DMLC does not address all the areas of the Convention, which must also be implemented by members. The Committee suggests that the Government instruct its inspectors to review the examples of DMLC Part II to ensure that they are more informative concerning the ways in which the national requirements are to be implemented between inspections. The Committee also requests the Government to provide a copy of Part I of the DMLC.

General questions on application. Article II paragraphs 1(f) and 2. Scope of application. Definition of the term “seafarer”. The Committee notes the Government’s indication that 900 seafarers currently work on board the 120 ships operating under the Bulgarian flag. The majority of ships are less than 200 GT and do not go on international voyages. Eighteen ships operate on international voyages. The Government has also indicated that there are 17,342 seafarers who are nationals or residents or otherwise domiciled in Bulgaria. Regarding the definition of a seafarer, the Committee notes the Government’s indication that the wording of section 87(1) of the Merchant Shipping Code is to be understood to include all persons employed on board a ship operating under the Bulgarian flag. The Committee recalls its previous comment on the Repatriation of Seafarers Convention, 1987 (No. 166), which stated that while the master, the other officers and the ratings enrolled in the crew list are to be considered as crew, the fact that Bulgarian ships are to be manned with the necessary number of qualified seafarers, seems to narrow the definition of “seafarer” down to persons possessing a certificate of competence or qualification under a convention adopted by the International Maritime Organization. However, the definition in paragraph 1(f) of Article II of the Convention, covers every person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee also notes the Government’s indication that no cases of doubt regarding the application of the Convention have arisen. However, in connection with minimum age and hours of rest and work, the Committee notes the Government’s indication that article 4 of the Ordinance for Labour provides that “persons under the age of 18 cannot be hired to work on a ship”. It also notes that it appears that persons between 16 and 18 years of age can be on board ship for training in navigation or sailing. The Committee notes that it is not clear whether or not these persons are considered as seafarers as per the meaning of the Convention. In this regard, the Committee reminds the Government that the Convention does not allow for the partial application of the national law implementing its provisions if the workers concerned are seafarers covered by the Convention. Such partial application is only possible where the workers clearly do not come within the definition of “seafarer”, or if a doubt has arisen in this regard and a determination has been made that the categories of workers concerned are not seafarers, in accordance with the Convention. The Committee requests the Government to clarify whether any person employed, engaged or working in any capacity on board a ship to which the Convention applies is considered a seafarer for the purposes of implementing all the requirements of the latter.

Regulation 1.1 and the Code. Minimum age. The Committee notes the Government’s statement that under article 4, paragraph 3 of the Ordinance for Labour, the minimum age for seafarers is 18 and that persons under 18 are not allowed to carry out their navigation training practice at night, unless a training programme requires performance of their duties at night and provided that it will not harm their health. The Committee refers to its comments set out above regarding application of the Convention and the status of persons working on board who are under the age of 18. The Committee also notes that this provision only refers to the prohibition of night work that could harm the health of seafarers under the age of 18 but does not specifically mention the prohibition of work for seafarers under 18 that is likely to jeopardize their health or safety. Furthermore, the Committee also notes that it does not appear that a determination, after consultation with the shipowners’ and seafarers’ organizations, of the type of work likely to jeopardize the health or safety of seafarers under the age of 18 has been made, as required by the Convention. In this regard, the Committee recalls that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety, and that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee requests the Government to provide further detailed information on this issue, especially on the types of work that have been determined to be likely to jeopardize the health or safety of seafarers under the age of 18.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that articles 11(1) and 12(1) of Ordinance No. N-11 of 30 April 2014 on medical fitness requirements for seafarers in the Republic of Bulgaria establish requirements regarding the issuance of medical and vision certificates for seafarers. It notes, however, that there is no reference in this Ordinance or in the Government’s report to the requirements concerning the independence of the practitioners. The Committee recalls that practitioners recognized by the competent authority must enjoy full professional independence in exercising their medical judgement in undertaking medical examinations, as required under Standard A1.2, paragraph 4 of the Convention. The Committee requests the Government to provide information on how effect is given to this requirement of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that there are 71 seafarer recruitment and placement services operating in its territory and that, as previously noted, there are 17,342 seafarers that are nationals, residents or otherwise domiciled, of which 900 work on ships operating under the flag of Bulgaria. With respect to a system of protection by way of insurance or an equivalent measure to compensate seafarers for monetary loss incurred as a result of a failure by the recruitment or placement services or the relevant shipowner to fulfil their obligations, the Committee notes that section 23 of Ordinance No. 107/2003 on terms and procedures for the performance of intermediary activities in employment, as amended in State Gazette No. 83/2013, merely provides that the contract between the jobseeker and the recruitment agency should contain information on the liability of the parties in case they fail to meet their contractual obligations. The Committee notes, however, that paragraph 5(c)(vi) of Standard A1.4 of the Convention, requires a system of protection, such as an insurance arrangement, to ensure that seafarers can be duly compensated for any monetary loss caused by the recruitment and placement services or the relevant shipowner. The Committee requests the Government to indicate how effect is given to the requirement under paragraph 5(c)(vi) of Standard A1.4 of the Convention.

Regulation 2.1 and the Code. Seafarers’ employment agreement. The Committee notes that section 7 of the Ordinance for Labour provides that before starting work, the employer introduces the candidates to the degree of risk and the nature and character of the work on board, as certified in writing by the persons. It also notes that this text is silent on any procedural arrangements or other facilities designed to ensure that seafarers are given an opportunity to examine and seek advice on the agreement before signing and that they enter into an agreement with a sufficient understanding of their rights and responsibilities, as provided for under paragraph 1(b) of Standard A2.1 of the Convention. The Committee notes, however, that section 37 of Ordinance No. 107/2003 requires that the recruitment and placement services shall provide such an opportunity to seafarers, but does not specify the procedure for seafarers not entering into such an agreement through recruitment and placement services, but through other means. The Committee accordingly requests the Government to clarify how the requirements set out in paragraph 1(b) of Standard A2.1 apply to all seafarers, even those entering into employment other than through recruitment and placement services.

Regulation 2.2 and the Code. Wages. Recalling that each Member shall require that shipowners take measures to provide seafarers with a means to transmit all or part of their earnings to their families or dependants or legal beneficiaries, as required under Standard A2.2, paragraphs 3 and 4 of the Convention, the Committee notes the Government’s indication that this requirement is taken into account by means of a clause in the seafarer’s employment agreement and a seafarer’s declaration in which he or she specifies the bank account to be remitted. It also notes the Government’s statement that shipowners do not collect a charge for this service. The Committee notes, however, that although the Government did not provide the relevant legislation or regulation related to this issue, one of the examples (dated 11 April 2014) of the DMLC Part II clearly provides for these measures. The Committee requests the Government to provide a copy of the relevant documentation requiring shipowners to take measures with respect to transmitting wages as required under the MLC, 2006.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes the Government’s indication that the Labour Code does not prohibit appropriate shore leave, but does not provide any other information with respect to the implementation of the requirement, under paragraph 2 of Regulation 2.4 of the Convention, that seafarers are to be granted shore leave to benefit their health and well-being and consistent with the operational requirement of their positions.

The Committee also notes the Government’s indication that “under the Labour Code it is prohibited to conclude agreements to forgo annual leave” while article 34 of the Ordinance for Labour provides that, by mutual consent between the parties under the employment relations, principal and additional paid annual leave and compensatory rests can be replaced fully or partially with payment of a cash compensation calculated on the basis of the basic salary and the additional employment pay of permanent nature. The Committee recalls that paragraph 3 of Standard A2.4 provides that any agreement to forgo the minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. The Committee requests the Government to provide information with respect to any provisions it has adopted for ships flying its flag requiring that seafarers be granted shore leave in accordance with paragraph 2 of Regulation 2.4 of the Convention and to clarify whether agreements to forgo taking the minimum annual leave with pay are permitted.

Regulation 2.6 and the Code. Seafarer’s compensation for the ship’s loss or foundering. The Committee notes the Government’s indication that article 54(a) of the Ordinance for Labour provides that the employer shall take out appropriate insurance for full coverage of possible unforeseen costs of medical treatment and indemnities ensuing from articles 46, 49, 52 and 54 of this Ordinance regarding the employer’s obligations for sickness and accident. The Committee notes, however, that these provisions do not specifically cover the indemnity provided to seafarers against loss or unemployment in the case of a ship’s loss or foundering, as required under paragraph 1 of Standard A2.6 of the Convention. It further notes that section 35(3-4) of Ordinance No. 107/2003 expressly refers to this requirement, but it is not clear whether all seafarers are entitled to this indemnity, including those who entered into employment other than through recruitment and placement services, as previously mentioned under Regulation 2.1. Finally, the Committee notes that the Government did not give any indication on how this indemnity is calculated, and recalls that Guideline B2.6.1 provides guidance on this matter. The Committee requests the Government to clarify how the requirements set out in Regulation 2.6 and the Code apply to all seafarers and to provide further information on how the indemnity is calculated in the case of the ship’s loss or foundering.

Regulation 2.7 and the Code. Manning levels. The Committee notes that the manning levels of Bulgarian ships are set pursuant to section 13 of Ordinance No. 6 of 5 April 2012 on Seafarers’ Competence in the Republic of Bulgaria, with detailed criteria for setting levels as described in Annex 8. The Committee also notes the examples of manning documents that were provided by the Government. It recalls that paragraph 3 of Standard A2.7 provides that, when determining manning levels, the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering are to be taken into account. The Committee notes that only one of the examples of the DMLC Part II, dated 11 April 2014, expressly includes food and catering requirements. The Committee requests the Government to clarify whether determinations of manning levels of ships take into account Regulation 3.2 and Standard A3.2, and to include this requirement in the list of criteria to be applied in determining manning levels.

Regulation 2.8 and the Code. Career and skill development and opportunities for seafarers’ employment. The Committee notes the general information provided by the Government on the national policies adopted to encourage the career and skill development for seafarers that are domiciled in Bulgaria. It notes, however, that no specific information was provided regarding the vocational guidance, education and training of seafarers, nor any mention made of consultations with shipowners’ and seafarers’ organizations, as required under Standard A2.8, paragraph 3 of the Convention. The Committee requests the Government to provide further information on the labour policy measures implementing the Convention as well as to indicate if the shipowners’ and seafarers’ organizations concerned have been consulted in the establishment of such national policies, as set out in paragraph 3 of Standard A2.8 of the Convention.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the provisions set out in the Ordinance for Labour are of a general nature and, while addressing several matters, do not address all the requirements under this Regulation and the corresponding Code. The Committee accordingly requests the Government to provide further detailed information on how effect is given to the requirements of the Convention regarding the accommodation of seafarers on board ships flying the Bulgarian flag.

Regulation 3.2 and the Code. Food and catering. The Committee notes that article 37(2) of the Ordinance for Labour requires that food and drinking water on board ship is of appropriate quality, nutritional value and quantity, and refers to the specific requirements set out in Ordinance No. 23 of 2005 on Physiological Rates for Nutrition of the Population (State Gazette No. 63/2005). However, the Committee notes that the provisions in these Ordinances do not mention the obligation to take into account the differing cultural and religious background of seafarers, as required by paragraph 1 of Regulation 3.2 of the Convention. The Committee requests the Government to provide information as to how differing cultural and religious backgrounds of seafarers are taken into account regarding food and catering on board.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that section 16, paragraph 12, of Ordinance No. 9 of 11 February 2003 on Medical Services on Ships, as amended by State Gazette No. 26/2006, implements many of the requirements set out in paragraph 4(d) of Standard A4.1 of the Convention, namely that the competent authority ensures, by a prearranged system, that medical advice by radio or satellite communication to ships at sea, including specialist advice, is provided, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice. This article, however, does not state that this service is available free of charge to all ships irrespective of the flag they fly and there is no indication that this service is available 24 hours a day, as required under this provision of the Convention. The Committee requests the Government to provide further information on the implementation of paragraph 4(d) of Standard A4.1 of the Convention.

Regulation 4.2 and the Code. Shipowner’s liability. The Committee notes that section 52 of the Ordinance for Labour provides for a period of four months during which the shipowner bears the costs for urgent medical care and treatment, including hospitalization of a crew member at a foreign port, until the seafarer’s condition allows a return to work or repatriation. It also notes that, pursuant to this provision, the employment agreement may stipulate more favourable conditions for the injured person. The Committee notes, however, that this article does not take into account the payment of wages in whole or in part to a seafarer no longer on board ship, for a period which may be limited in national laws or regulations to 16 weeks from the day of the injury or commencement of the sickness, as set out under paragraph 3 of Standard A4.2 of the Convention. The Committee requests the Government to indicate how effect is given to paragraph 3 of Standard A4.2 of the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that article 67(2) of the Ordinance for Labour requires a safety committee to be established on board ships of ten seafarers or more. The Committee recalls that paragraph 2(d) of Standard A4.3 provides that such a committee shall be established on board a ship on which there are five or more seafarers. The Committee requests the Government to indicate how this requirement of the Convention is given effect.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Bulgaria specified that the branches for which it provides social security protection to seafarers in accordance with paragraphs 2 and 10 of Standard A4.5 are medical care, sickness benefit, old-age benefit, employment injury benefit, maternity benefit and invalidity benefit. The Committee notes from section 20 of Section III of the Ordinance on Social Security of Self-Insured Persons, Bulgarian Citizens Working Abroad and Seafarers, as amended in State Gazette No. 17/2014, that seafarers must insure themselves for general sickness and maternity, disability due to general sickness, old age, death, labour accident and occupational disease and unemployment on the basis of selected monthly insurable earnings between the minimum and maximum rate of the insurable earnings for self-insured persons. The Committee recalls that paragraph 3 of Regulation 4.5 of the Convention provides that each Member shall ensure that seafarers that are subject to its social security legislation and, to the extent provided for in its national law, their dependants are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. The Committee observes, however, that the legislation in force in Bulgaria appears to create a difference between shoreworkers and seafarers, as the social insurance contributions for the latter is completely at their expense. The Committee requests the Government to indicate the measures taken to provide seafarers who are ordinarily resident in Bulgaria, with social security coverage no less favourable than that enjoyed by shoreworkers, in accordance with paragraphs 2 and 3 of Standard A4.5.

The Committee also notes that section 30(3-4) of Ordinance No. 107/2003 provides that shipowners shall conclude, at their own expense, insurance to cover risks of illness, accident, death, hospitalization, medical expenses, and disability for seafarers employed abroad who entered into employment with recruitment and placement services. The Committee recalls that paragraphs 2 and 3 of Standard A4.5 of the Convention require each Member to take steps according to its national circumstances to provide at least three branches of social security to all seafarers ordinarily resident in its territory. The Committee requests the Government to clarify the manner in which social security protection is extended to all seafarers ordinarily resident in Bulgaria who are working on ships flying the flag of a country other than Bulgaria, even those entering into employment other than through recruitment and placement services.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee notes the Government’s statement that Ordinance No. 11 of 26 April 2004 on the Inspections of Ships and Shipowners (State Gazette No. 52/2004) implements these requirements of the Convention. The Committee notes, however, that the Government did not provide any information regarding the specific measures taken to assure the effectiveness of the system in place for the inspection and certification of maritime labour conditions on ships. Recalling that paragraph 5 of Regulation 5.1.1, and paragraph 1 of Standard A5.1.1, require each Member to establish overall procedures for the assessment of the system in place for the inspection and certification of maritime labour conditions, and to include such information in its report pursuant to article 22 of the Constitution of the ILO, the Committee requests the Government to provide further information in this respect.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee recalls that paragraph 4 of Standard A5.1.2 of the Convention requires each Member to provide a current list of any recognized organizations authorized to act on its behalf, including the functions that they have been authorized to carry out, and each Member shall keep this list up to date. The Committee notes that although the Government has stated that such information is attached to the report, the list has not been supplied in this respect. The Committee requests the Government to provide the list required under paragraph 4 of Standard A5.1.2 of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s statement that sections 54(b) and 54(c) of the Ordinance for Labour discuss complaint handling on board ship and take into account the requirements of the Convention. It also notes, however, that there is no provision requiring that inspectors keep the source of the complaint confidential, as required under paragraph 10 of Standard A5.1.4. It further notes that there is no reference on confidentiality regarding commercial processes which may come to the knowledge of inspectors in the course of their duties. The Committee recalls that paragraph 11(b) of this Standard requires inspectors not to reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties. The Committee requests the Government to clarify how it ensures confidentiality with respect to any complaints that may be received regarding working and living conditions or commercial matters on ships flying its flag.

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: a copy of the standard Maritime Labour Certificate, including Part I of the Declaration of Maritime Labour Compliance; an example in English of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a standard form example of a seafarer’s employment agreement (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement in English (Standard A2.1, paragraph 2(b)); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided and a copy of the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5, paragraph 2); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); a copy of the relevant national guidelines on occupational safety and health protection and accident prevention (Regulation 4.3, paragraph 2); a copy of the document used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for Bulgaria’s inspection and certification system, including the procedures for its assessment and information on its budgetary allocation and the total income received on account of inspection and certification services during the reporting period (Standard A5.1.1); an example in English of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); a copy of the annual reports on inspection activities that have been issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5, and Guidelines B5.1.4, paragraph 3); a copy of Bulgaria’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag (Regulation 5.1.5); a copy of the report in connection with the Port State Control arrangements (Regulation 5.2.1) and a copy in English of a document that describes the onshore-handling procedures (Regulation 5.2.2).

[The Government is asked to reply in detail to the present comments in 2017.]