Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 - Belgique (Ratification: 1963)

The Committee notes with interest the adoption of the Act of 3 May 2003 issuing regulations on articles of agreement for maritime fishing and improving the labour conditions of fishers, and the Royal Order of 17 February 2005 implementing the Act. It would be grateful to be provided with additional information on the following points.

Article 1, paragraph 3, of the Convention. Collective agreements. The Committee requests the Government to indicate whether collective agreements are applicable in the maritime fishing sector and, if so, to provide copies.

Article 3, paragraph 1. Examination of articles of agreement before they are signed. The Committee notes that, by virtue of section 7(2) of the Act of 3 May 2003 referred to above, articles of agreement may only be concluded by the fisher, who has to sign the articles in person. However, it notes that the Act does not contain any provision establishing the possibility for the fisher, or his/her representative, to examine the articles of agreement before they are signed. The Committee requests the Government to indicate the measures adopted to allow such examination, in accordance with this provision of the Convention.

Article 3, paragraph 2. Conditions under which the fisher shall sign the agreement. The Committee notes that section 13 of the Act of 5 June 1928, issuing regulations respecting maritime articles of agreement, provides that the articles of agreement shall be approved by the maritime commissioner and attached to the crew list. However, it notes that, by virtue of section 70 of the Act of 3 May 2003, the Act of 5 June 1928 is repealed in so far as it relates to articles of agreement for maritime fishing. The Committee requests the Government to indicate whether section 13 of the Act of 5 June 1928, which forms part of Chapter III on the engagement of seafarers and does not therefore, strictly speaking, address articles of agreement for maritime fishing, is still applicable.

Article 4. Competent jurisdiction. The Committee requests the Government to indicate the jurisdictions that are competent in relation to disputes concerning the articles of agreement of fishers.

Article 6, paragraph 1. Duration of articles of agreement. The Committee notes that section 8(1) of the Act of 3 May 2003 only provides for the conclusion of articles of agreement for the duration of a seagoing voyage, with such articles being renewable. It requests the Government to indicate whether measures are also envisaged to allow the conclusion of articles of agreement for maritime fishing for a definite period, or even for an indefinite period.

Article 6, paragraph 3. Particulars to be contained in the articles of agreement. The Committee requests the Government to indicate whether national laws or regulations provide that the date of birth or age of the fisher and his/her birthplace shall be contained in the articles of agreement, as required by the Convention. The Government is also requested to indicate whether the articles of agreement have to indicate the scale of provisions to be supplied to the fisher, or whether some alternative system is provided for by national law. With regard to remuneration, the Committee notes that, under the terms of section 30 of the Act of 3 May 2003, the wage of the fisher cannot be lower than the amount obtained by multiplying the guaranteed daily minimum wage by the number of days of the voyage at sea. It also notes that the guaranteed daily minimum wage shall be determined by a collective labour agreement made binding by the King. The Committee requests the Government to indicate whether this collective agreement has been concluded and, if so, to provide a copy.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice including, for instance, extracts from the reports of the inspection and registration services and statistical information concerning the average number of seafarers signed on each year, and the number and nature of the contraventions reported.