Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

The Committee notes the adoption on 15 October 2013 of Act No. 2013-029 issuing the Merchant Marine Code.

Article 3(1) of the Convention. Examination of agreement before signing. In its previous comments, noting that the Merchant Marine Code contained no provisions allowing for fishers to examine the articles of agreement before they are signed, the Committee asked the Government to indicate how it ensures observance of this provision of the Convention. The Committee notes with interest that section 394(2) of the new Merchant Marine Code gives full effect to this provision of the Convention, by providing that “The agreement shall be signed by the seafarer before the departure of the vessel in conditions in which he has the opportunity to examine the terms and conditions and is able, where necessary, to seek advice and accept them freely before signing them.”

Article 5. Record of employment. The Committee previously requested the Government to indicate how the keeping of employment records is organized and how the records are made available to fishers. The Committee notes in this respect that section 404 of the new Merchant Marine Code establishes that, upon discharge, the shipowner or the master shall provide the seafarer with a certificate of service. The Committee also notes that section 45 of the Maritime Labour Collective Agreement 2006 provides that any seafarer may demand upon discharge a certificate of work from the master or shipowner indicating exclusively the name and address of the employer and the nature of the employment or, where appropriate, the successive jobs occupied by the seafarer. The Committee takes note of this information.

Article 6(3). Particulars to be contained in the agreement. The Committee previously requested the Government to indicate which legislative provisions give effect to this provision of the Convention, namely regarding the inclusion of the following particulars in the fisher’s articles of agreement: (a) the surname and other names of the fisher, the date of his birth or his age, and his birthplace; (b) the place at which and date on which the agreement was completed; (c) the name of the fishing vessel or vessels on board which the fisher undertakes to serve; (d) the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; and (e) the amount of his wages, or the amount of his share and the method of calculating such share. The Committee notes that the new Merchant Marine Code does not set out a list of particulars to be contained in the agreement. The Committee therefore invites the Government to indicate the measures adopted or envisaged to give effect to this provision of the Convention.

Article 11. Immediate discharge. The Committee previously requested the Government to indicate the provisions of the law or regulations which determine the circumstances in which the fisher can request immediate discharge. The Committee notes in this respect that section 399 of the new Merchant Marine Code lists the circumstances in which the fisher can terminate the maritime employment agreement without notice. The Committee takes note of this information.