Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention du travail maritime, 2006 (MLC, 2006) - Lettonie (Ratification: 2011)

General questions on application. Implementing measures. Declaration of Maritime Labour Compliance, Parts I and II. The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee also notes, in this respect, the Government’s reference to legislation implementing the Convention, including the Maritime Code, the Maritime Administration and Marine Safety Law, the Labour Code, and various Cabinet Regulations (CR). The Committee notes that the Government also provided a copy of the Declaration of Maritime Labour Compliance (DMLC) Part I and an example of an approved DMLC Part II and a Maritime Labour Certificate. The Committee also notes that, on many matters, the Government refers to the DMLC Parts I and II as providing sufficient information on national implementation; however, the Committee notes that the DMLC Part I that was submitted sets out, instead, a list of references to the implementing legislation. For example, in connection with minimum age, the DMLC Part I provides the following information: “Maritime Code (Part G), Cabinet Regulation No. 206 adopted 28 May 2002, ‘Regulations regarding Work in which Employment of Adolescents is prohibited and Exceptions when Employment in such Work is Permitted in Connection with Vocational Training of the Adolescent’.”

The Committee 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. For example, in connection with minimum age, in cases where national determinations, after consultation, have been made that seafarers under 18 years of age may engage in, or are prohibited from, certain types of work, additional national information is needed as required under paragraphs 2, 3 and 4 of Standard A1.1.

Similarly, concerning the DMLC Part II, which is intended to identify the measures adopted by shipowners to implement the national requirements, the Committee notes, that although the example of an approved DMLC Part II provided by the Government sets out some additional information, in a number of cases it simply confirms compliance with the requirements and refers to other documents concerning internal system manuals and procedures. For example, in connection with hours of work or rest, the DMLC Part II states that: “The work schedule and the list of working hours are posted up. Records of work are maintained and possible suspension of the schedule must be noted. DC0001718 Record of Working Hours and Hours of rest (LAT).”

Unless all of these referenced documents are carried on board ship and easily accessible to all concerned, the Committee notes that it would be difficult for flag State inspectors or port State control officers or seafarers to understand what the national requirements are on these matters and how they are to be implemented on board ship. The Committee considers that the DMLC Parts I and II do not appear to fulfil the purpose for which they are 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 requests the Government to consider amending the DMLC Part I to better implement paragraph 10 of Regulation 5.1.3 giving due consideration to Guideline B5.1.3, so as to ensure not only that it provides a reference to the relevant national legal provisions embodying the relevant provisions of the Convention, but that it also provides, to the extent necessary, concise information on the main content of the national requirements. It also suggests that the Government instruct its inspectors to review DMLC Part IIs to ensure that they provide more information on the ways in which the national requirements are to be implemented between inspections.

General questions on application. Scope of application. Article II, paragraphs 1(f), 3, 5 and 6. Seafarers and ships. The Committee notes that section 272, paragraph 4, of the Maritime Code defines the term “seafarer” as any person who is employed or works in any capacity on board, with the exception of two categories of workers: (a) persons working on board for a short period of time (up to 48 hours), for example, carrying out inspections, repairs, providing pilotage services, research, or scientific work; (b) persons who provide passenger entertainment-related services (such as performers).

Concerning the exclusions set out in subparagraph (b), the Committee notes that this section further provides that such persons shall be subject to certain provisions of the Maritime Code concerning minimum age (section 284), work and recreational facilities conditions on board, (section 285); hours of work and hours of rest (section 291); seafarer’s right to shore leave (section 294); shipowner’s liability concerning health and medical care (section 298); the seafarer’s right to submit a complaint (section 299); and, the on board complaints procedure (Chapter XXX2). The Committee recalls that the term “seafarer” under paragraph 1(f) of Article II of the MLC, 2006, includes all persons, working in any capacity, which would include people working in the performing arts and staff ancillary to performances. In the event of doubt as to whether any categories of persons are to be regarded as seafarers, a determination, as provided for under paragraph 3 of Article II would be necessary. The Committee also recalls that the 94th Session of the International Labour Conference adopted a resolution concerning information on occupational groups (resolution VII) which provides guidance on the criteria that Members should consider when making a national determination on this matter.

The Committee notes, in this respect, that section 273 of the Maritime Code provides that, where uncertainty exists, questions arising under Article II, paragraphs 3, 5 and 6 of the Convention shall be considered and decisions shall be taken by the Latvian Maritime Administration after consultation with representatives of shipowners and seafarers’ union representatives. The Committee also notes the Government’s indication that, to date, no cases of doubt have arisen. The Committee observes, however, that many of the national requirements, such as those relating to shore leave or hours of work and rest, suggest that persons in category (b) referred to above, unlike the persons in category (a), would be working on board a ship for an extended period of time. The Committee requests the Government to clarify whether any determinations have been made under paragraph 3 of Article II of the Convention with respect to categories of persons that are not considered to be seafarers. It also requests the Government to clarify whether the exclusions set out in section 272, paragraph 4, of the Maritime Code were made after consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that in the statistical information requested in the report form, the Government indicates that there are 58 private seafarer recruitment and placement services registered as operating in its territory. The Government indicates that these services are regulated by CR No. 364 of 17 May 2011, entitled “Procedures for Licensing and Supervision of Merchants – Providers of Recruitment and Placement Services in Ship Crew Manning”, which sets out the detailed requirements for obtaining the special permit or license to engage in private recruitment and placement services and identifies the list of registered operators in the country. In addition, the Committee notes that section 24 of the Maritime Law, as well as section 12 of the CR No. 364, prohibits recruitment and placement services from charging seafarers, directly or indirectly, in whole or in part, fees or other charges for providing recruitment and placement services. It further notes, however, that among the list of requirements for recruitment and placement services under section 11.6 of CR No. 364, the services must, among others, inform seafarers about the possible costs that may arise in the process of placement. In that regard, the Committee recalls that paragraph 5(b) of Standard A1.4 provides that a Member “shall, in its laws and regulations or other measures, at a minimum require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer's book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner”. Noting that section 11.6 of CR No. 364 of 17 May 2011 anticipates that possible costs may arise in the process of recruitment and placement of seafarers, the Committee requests the Government to identify what those costs may consist of and how it is ensured that seafarers are not charged, directly or indirectly, for the costs other than those provided for in paragraph 5(b) of Standard A1.4.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes that section 283(3) of the Maritime Code stipulates that the employment relationship between a seafarer and shipowner must be set out in: (1) a written contract of employment, one copy of which is to be provided to the seafarer on board and the other to the shipowner; (2) a collective agreement (if concluded). It further notes that, pursuant to section 11.6 of CR No. 364 of 17 May 2011 entitled “Procedures for Licensing and Supervision of Merchants – Providers of Recruitment and Placement Services in Ship Crew Manning”, the private recruitment service must provide the seafarer with an opportunity to consult the terms of the employment contract before signing it, and must provide the seafarer with a copy of the contract of employment, to inform them about their rights and responsibilities, working conditions and the possible costs that may arise in the process of placement. The Committee also notes that section 286 of the Maritime Code provides a list of the information that must be set out in a seafarer’s contract of employment, but it does not appear to require that the employment agreement be signed by both the seafarer and the shipowner or representative of the shipowner and that both are to have a signed original of the agreement in accordance with paragraphs 1(a) and (c) of Standard A2.1 of the Convention. The Committee requests the Government to identify its national laws or regulations which require that the seafarers’ employment agreement is signed by both the seafarer and the shipowner or representative of the shipowner and that both have an original of the agreement as required under paragraphs 1(a) and (c) of Standard A2.1.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that section 5 of CR No. 1065 of 22 December 2008 stipulates that the Seafarers Register shall develop the standard of the training courses program in line with provisions of the STCW regarding minimum standards of competency and mandatory additional training. Similarly, the Government indicates that the measures that will be put in place to implement the career and skill development and employment opportunities for seafarers are described in the national policy planning document “Transport Development Guidelines 2014–20”. The Committee requests the Government to provide updated information concerning the implementation of career and skill development and employment opportunities for seafarers, including within the framework of the “Transport Development Guidelines 2014–20”, which give effect to Regulation 2.8 and the Code.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that CR No. 18 of 14 January 2014 entitled “Regulations on the applicable requirements of Maritime Labour Convention regarding accommodation and recreational facilities on board and compliance conditions”, implements the provisions of Regulation 3.1 and the Code. The Committee notes, however, that the Government’s DMLC Part I does not refer to CR No. 18 under the applicable provisions for accommodation or on-board recreational facilities. Instead, it refers to the 1970 Act regulating the accommodation of crews as well as other CRs regulating safety and supervision of ships. The Committee also notes that the example of an approved DMLC Part II submitted by the Government is not clear as to the applicable accommodation and recreational facility requirements, as it merely indicates that they should be “consistent with promoting the seafarer’s health and well-being”. The Committee accordingly requests the Government to include a reference to CR No. 18 in the DMLC Part I, as well as to provide information on the specific accommodation requirements, to avoid uncertainty with respect to the applicable national legislation on seafarer accommodation and recreational facilities.

Regulation 3.2 and the Code. Food and catering. The Committee notes that, under section 285(2) of the Maritime Code, the master shall ensure that seafarers are provided an adequate quality and quantity of food and drinking water. Under section 286(14), the provision of food is included within the terms of the Seafarers’ Employment Agreement. It also notes that section 4 of CR No. 18, above, stipulates certain requirements for catering facilities, such as preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors, but does not appear to contain any regulations concerning the catering standards that apply to meals provided to seafarers on ships that fly its flag, as required under paragraph 1 of Standard A.3.2, the training and instruction of catering staff (paragraph 2(c) of Standard A.3.2.) or the provisions of Guideline B3.2 on food and catering.

Finally, the Committee notes that section 30 of Maritime Administration and Marine Safety Law requires a ship’s officer, who has been authorised by the master of the ship for this purpose, to “regularly inspect” the premises of the crew of the ship and record the results in the logbook of the ship, but does not specify the frequency of inspections. The Committee accordingly requests the Government to identify any additional legislation which may implement the requirements in Regulation 3.1 and the Code concerning the minimum standards for catering services and, if not, to indicate any measures taken or envisaged in this respect. It further requests the Government to indicate how it is ensured that seafarers are provided food and drinking water of appropriate nutritional value as well as quality and quantity, as specified in Regulation 3.2.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes that section 298 of the Maritime Code and CR No. 359 of 1 July 2003 entitled “Regulations with respect to Safety and Health Protection Requirements and Medical Treatment on board Vessels” sets out measures concerning the provision of medical care at no cost to the seafarer, including provisions to ensure emergency medical care when in port, medical training, consultation centres, annual inspections of medicine chests and medicine equipment. Nevertheless, the Committee notes that neither the Maritime Code nor CR No. 359 appear to provide for essential dental care, as required under paragraph 1 of Standard A4.1. The Committee requests the Government to provide information on the measures it has adopted to ensure that seafarers working on board a ship that flies its country’s flag are provided with essential dental care.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication that its general legislative acts on labour protection do not require the establishment of a safety committee. It also notes the Government’s reference to section 20(1) of the Labour Protection Law, which states that in an undertaking or a unit thereof where five or more employees are employed, these employees or their representatives, taking into account the number of employees, the nature of the work of the undertaking and the working environment risks, may elect one or more trusted representatives. The Committee further notes that the example of an approved DMLC Part II submitted by the Government indicates that “a safety committee on board exists on ships with five or more seafarers”. Nevertheless, the Committee notes that there do not appear to be any national guidelines in accordance with paragraph 2 of Regulation 4.3. The Committee wishes to draw the attention, in this respect, to the ILO Tripartite Expert Meeting on Maritime Occupational Safety and Health, held from 13 to 17 October 2014, which discussed and adopted guidelines for implementing the occupational safety and health provisions of the MLC, 2006. The Committee requests the Government to identify its laws and regulations and other measures that implement the requirement under paragraph 2(d) of Standard A4.3 that a safety committee be established on board a ship on which there are five or more seafarers. It also requests the Government to provide information with regard to the adoption, after consultation with shipowners’ and seafarers’ organizations, of national guidelines relevant to occupational safety and health protection of seafarers.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Latvia 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 sickness benefit, unemployment benefit, old-age benefit, family benefit, maternity benefit and survivors’ benefit. The Committee also notes the Government’s indication that the Latvian health insurance policy is a voluntary type of insurance and commercial insurance offered to its residents. It further notes the Government’s reference to the Law on State Social Allowances, which provides certain social security allowances for Latvian citizens, non-citizens, aliens and stateless persons who permanently reside in the country. The Committee notes, in that respect, that the social security scheme is made up of mandatory contributions by the employer and the employee pursuant to section 14 of the Law. The Committee understands, however that the term “employer” as defined under section 1(1) of the Law appears to refer to employers from Latvia, or the other members of the European Union, or the Swiss Confederation or the European Economic Area.

The Committee recalls paragraphs 2 and 3 of Standard A4.5 of the Convention, which 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 seafarers ordinarily resident in Latvia who are working on ships flying the flag of a country other than Latvia. It also requests information with respect to any arrangements that have been adopted to provide protection to seafarers ordinarily resident in Latvia when working on board ships flying the flag of another European Union member or Switzerland or a member of the European Economic Area.

Regulations 5.1 and 5.1.3. Flag State responsibilities. System of inspection. The Committee notes that CR No. 439 of 7 June 2011 entitled “Regulations Regarding the Implementation of Flag State Supervision of Ships” regulates flag State supervision and contains the procedures for the implementation of flag State inspections of Latvian-flagged ships inspection, the granting of certificates of ships and the suspension or revocation of certificates. Under section 4, Latvian ships engaged in international voyages with a gross tonnage of 500 and higher must undergo inspection and certification by the recognized organizations. Under section 5, owners of Latvian ships not engaged on international voyages or a gross tonnage of less than 500 may choose to undertake an inspection and certification. The Committee recalls, in this respect, that while paragraph 1 of Regulation 5.1.3 of the Convention provides that ships of 500 gross tonnage or over, engaged in international voyages or flying the flag of a Member and operating from a port or between ports in another country, must carry and maintain a maritime labour certificate and declaration of maritime labour compliance, the flag State’s system of inspection applies to all ships under the Convention. The Committee requests the Government to specify how it ensures the inspection of all ships and the certification of ships 500 gross tonnage or over, flying the Latvian flag and operating from a port, or between ports, in another country, in accordance with paragraph 1(b) of Regulation 5.1.3.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a standard form example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement (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 by shipowners, indicating that it covers repatriation (Regulation 2.5, paragraph 2) and compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard (Standard A4.2, paragraph 1(b)); a copy of the relevant national guidelines for the management of occupational safety and health on board ships (Regulation 4.3, paragraph 2); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ships (Standard A4.3, paragraph 1(d)); a copy of a report or review prepared by a welfare board, if any, on the welfare services (Standard A4.4); the Agreement governing the delegation of Statutory Certification services for vessels registered in the Republic of Latvia between Maritime Administration of Latvia and relevant Recognized Organization (RO), to which the Government refers in its first report (Regulation 5.2); a standard document issued to or signed by flag State inspectors setting out their functions and powers and a copy of any national guidelines issued to them (Standard A5.1.4, paragraphs 7 and 8); a copy of the form used for flag State inspector’s reports (Standard A5.1.4, paragraph 12); a copy of the national guidelines issued to flag State inspectors on the kinds of circumstances justifying detention of a ship (Standard A5.2.1, paragraph 7); statistical information regarding the number of cases where significant deficiencies were detected and the number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.2.1).

[The Government is asked to reply in detail to the present comments in 2016.]