Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention du travail maritime, 2006 (MLC, 2006) - Iran (République islamique d') (Ratification: 2014)

The Committee notes the observations of the Iranian Merchant Mariners Syndicate, received with the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference, and is therefore not bound by these amendments. Recalling its 2016 general observation, the Committee encourages the Government to accept the 2014 amendments. The Committee notes that the amendments to the Code adopted by the International Labour Conference, in 2016 and 2018, entered into force for Iran on 8 January 2019 and 26 December 2020 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic 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 provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Noting that there does not seem to be a clear definition of a seafarer in national legislation and regulations, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention. The Committee notes that section 4.3 of the Procedure for Certification of Maritime Labour Convention, approved in 2012, states that a “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The Committee notes that section 4.3 further states that “however, any exceptional person who is allowed by the Administration is excluded.” The Committee requests the Government to explain what is intended by the words “however, any exceptional person who is allowed by the Administration is excluded” as stated in the Procedure for Certification of Maritime Labour Convention, and to indicate if any exclusions have been adopted under this provision.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee previously noted the absence of clear definition of a ship in national legislation and regulations and requested the Government to indicate the measures taken or envisaged to ensure that all ships ordinarily engaged in commercial activities are covered by the Convention. The Committee notes that the Government refers to Annex 11 of the Code of Practice for implementation of the Maritime Labour Convention which provides that the MLC, 2006 applies to all vessels ordinarily engaged in commercial activities and international voyage but does not apply to a number of vessels, including supply vessels, as long as not travelling internationally, and mobile offshore drilling units (MODU). Recalling that the application of the Convention is not limited to ships engaged in international voyage, the Committee requests the Government to indicate the measures taken to ensure that ships engaged in domestic voyages, where applicable, are also covered by the provisions implementing the Convention. While noting the Government’s indication that no cases of doubt have arisen as to whether any categories of ships are to be regarded as ships covered by the Convention, the Committee observes however that the ships excluded in Annex 11 relate to cases of doubt. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. In the event of doubt, a determination may be made under paragraph 5 as to whether the Convention applies to a ship or particular category of ships. The Committee therefore requests the Government to specify whether the determinations with respect to the exclusion of categories of ships from the application of the Convention, as set out in Annex 11 of the Code of Practice for implementation of the Maritime Labour Convention were made after consultation with shipowners’ and seafarers’ organizations.

The Committee also previously noted that, under Title 3, the Government indicates that the MLC, 2006, is applicable only to ships of 500 gross tonnage and above which navigate to foreign ports, or engaged in international voyage and requested it to indicate the measures taken or envisaged to ensure that all ships ordinarily engaged in commercial activities are covered by the Convention. The Committee notes the Government’s indication that the issue of the application of the MLC, 2006 to ships under a certain tonnage is under review. The Committee recalls that while Article II, paragraph 6 provides flexibility with respect to the application of “certain details of the Code” to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, this Article does not allow to exclude a ship, or a category of ships, from the application of the Convention. The Committee requests the Government to adopt the necessary measures to ensure that any exemption granted is limited to certain details of the Code as required by Article II, paragraph 6, and following consultation with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. Noting inconsistencies among national requirements with respect to minimum age for seafarers to work on board a ship, the Committee requested the Government to clarify the articulation of the relevant national legislation on minimum age to work aboard a ship. The Committee notes the Government’s indication that, pursuant to the Code of Practice for issuing, Revalidating and Renewing Certificates for Seafarers (document P6-W22), the minimum age of employment or engagement on board a ship is 18. The Government further states that, for those studying in maritime schools, the age of entry into the training course is 16 years. Noting that the Government has not provided more detailed information on the status of cadets or apprentices, the Committee requests the Government to indicate whether cadets or apprentices are regarded as seafarers under its national legislation and therefore fully enjoy the protection afforded by the Convention. The Committee further requests the Government to provide information on the national laws and regulations, and other measures that expressly implement all the requirements of Standard A1.1, including with regard to the prohibition of night work of seafarers under the age of 18, the exceptions to strict compliance with the night work restriction and the prohibition of hazardous work for seafarers under the age of 18.

Regulation 1.2 and Standard A1.2, paragraph 5. Medical certificate. Right to have a further examination. The Committee requested the Government to indicate how it ensures compliance with Standard A1.2, paragraph 5. The Committee notes the Government’s indication that in cases where seafarers have been refused a certificate or have had a limitation imposed on their ability to work, the possibility of revision by another trusted physician still exists. It further indicates that the procedure provided for in paragraph 5.5 of the Code of Practice for Medical Fitness Standards for Seafarers and issuing the Relevant Certificate (document No. P6-W35) has been revised in 2018, and that a taskforce of trusted physician has been set up to address the applicants' objection. The Committee takes notes of this information.

Regulation 1.2 and Standard A1.2, paragraphs 7 and 9. Period of validity of medical certificates. Noting that the Government has not provided information with respect to the circumstance when the period of validity of a certificate expires in the course of a voyage, the Committee requested the Government to indicate how it complies with the requirements under Standard A1.2, paragraphs 7 and 9. The Committee notes the Government’s indication that if the validity period of a medical certificate is expired during a voyage, the mentioned certificate will be valid until further port stop, where the seafarer may apply for a medical certificate from another qualified physician, provided that this period does not exceed 3 months. The Committee however observes that the Code of Practice for Medical Fitness Standards for Seafarers and issuing the Relevant Certificate (document No. P6-W35) to which the Government refers does not seem to give effect to this requirement of the Convention, but refers in paragraph 5.8.1.2 to the requirement of Standard A1.2, paragraph 8 in urgent cases where the Port and Maritime Organization (PMO) may permit a seafarer to work without a valid medical certificate. Recalling that unlike paragraph 8 of Standard A1.2, paragraph 9 of Standard A1.2 does not require permission from the competent authority for the expired certificate during the course of a voyage to continue in force, the Committee requests the Government to indicate the measures taken to ensure full conformity with these requirements of the Convention.

Regulation 1.4 and Standard A1.4. Recruitment and placement. Noting that the Government has not provided information on the system of protection that seafarer recruitment and placement services are required to establish to compensate seafarers against monetary loss that they may incur as result of the failure of recruitment and placement services, the Committee requested the Government to provide information on how it gives effect to Standard A1.4, paragraph 5(c)(vi). The Committee notes the Government’s indication that pursuant to paragraph N) of section 7 of Guideline on Maritime Employment and Placement Services License Issuance and Activity, such services shall be obliged to obtain the necessary guarantees from the shipowner to compensate eventual damages to seafarers in case of failure to comply with the standards under the MLC, 2006. The Government further notes that managers of maritime placement services have reported that, in order to ensure salary and wage payment, secure board and lodging, round-trip ticket to home country for seafarers, a signature certificate (officially registered with the notary public offices) is received from the shipowner as guarantee. In case of the shipowner's failure to fulfil such obligations, the manager of placement service shall indemnify the material losses to the seafarer and/or, by lodging a complaint against the shipowner with the dispute settlement authority based in the ports, the rights of seafarer could be pursued based on the common and civil procedural law. The Committee takes note of this information which addresses its previous request.

Regulation 2.1, paragraph 1, and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Noting that neither the provisions of the Labour Code and of the CBAs require that a seafarers’ employment agreement (SEA) shall be required at all times to work on board a ship and that it is not clear whether the seafarer receives the signed original of the SEA to which he/she is party, the Committee requested the Government to indicate the measures taken to ensure that seafarers have a written legally enforceable agreement signed by them and the shipowner or a representative and to specify how it is ensured that the shipowner and seafarer concerned have each a signed original of the SEA. The Committee notes the Government’s indication that it is in the process of preparing a standard format for SEA, in consultation with the organizations of seafarers and shipowners and a copy will be sent once it is completed. While noting this information, the Committee observes once again that the existing legislation contains no provisions expressly requiring that (i) the terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement (Regulation 2.1, paragraph 1); (ii) all seafarers working on ships that fly its flag covered by the Convention shall have an SEA signed by both the seafarer and the shipowner, or a representative of the shipowner (Standard A2.1, paragraph 1(a)); and (iii) the shipowner and seafarer concerned shall each have a signed original of the SEA (Standard A2.1, paragraph 1(c)). The Committee accordingly requests the Government to adopt the necessary measures to ensure that both in law and in practice seafarers are given a written legally enforceable agreement signed by them and the shipowner and that the shipowner and seafarer concerned each have a signed original of the SEA.

Regulation 2.1 and Standard A2.1, paragraph 1(b) and (d). Seafarers’ employment agreements. Examination and advice before signing and clear information on board as to the conditions of employment. Noting that the provisions of the CBAs and of the Guideline on Maritime Employment and Placement Services License Issuance and Activity ensure that seafarers have a right to be informed of the terms and conditions of their employment and that the Company shall ensure that signed copies of the CBA are available on board its ships in English and Farsi, the Committee however requested the Government to indicate how Standard A2.1, paragraph 1(b) and (d) of the Convention, is implemented with regard to seafarers who are not recruited or placed by seafarers’ recruitment and placement services and to which the CBAs do not apply. The Committee notes the Government’s indication that the Guideline on Maritime Employment and Placement Services License Issuance and Activity provides for the opportunity for seafarers to review the agreement and seek advice before signing the contract. The Government further states that regarding other seafarers, the job description is notified to them by the shipowner or the commander and when the employment contract is signed. Recalling that the protection offered by Standard A2.1, paragraph 1(b) and (d) of the Convention has to be determined by laws or regulations, the Committee requests the Government to indicate the legislative or regulatory measures taken or envisaged to ensure that seafarers who are directly recruited by the shipowner (and not through a recruitment agency) or who are not covered by the CBAs shall have the possibility to examine their contract of employment before joining a ship and that clear information as to the conditions of employment can be easily obtained on board by seafarers.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee previously requested the Government to indicate the legislative measures that determine the form of the record of employment, the particulars to be recorded and the manner in which such particulars are to be entered as required by Standard A2.1, paragraph 3. The Committee notes the Government’s indication that section 96 bis 2 of the Maritime Code 2012, as amended contains provisions on keeping ship documents. Noting however that these provisions do not seem to determine the form of the document containing a record of employment, the particulars to be recorded and the manner in which such particulars are to be recorded, the Committee, therefore, requests the Government to take the necessary measures to give effect to the requirement of Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee previously noted that the provisions of the Labour Code with respect to employment agreements are applicable to workers in general and do not include the particulars specified in Standard A2.1, paragraph 4(a)–(c), and (g)–(j). The Committee requested the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4, of the Convention. The Committee notes the Government’s indication that a standard SEA is to be developed and the missing matters will be included. Recalling that each Member shall adopt laws and regulations specifying the matters that are to be included in all SEAs, the Committee requests the Government to indicate the measures taken or envisaged to give full effect to this requirement of the Convention. The Committee further requests the Government to provide the model of a SEA currently under development that is in conformity with Standard A2.1, paragraph 4, of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. The Committee previously noted that the Labour Code provides for one month minimum notice period for early termination of employment and that the CBAs provide for a minimum notice period ranging from two weeks to 28 days that may be given by the seafarer for compassionate reasons. Noting that the minimum two weeks’ notice or 28 days constitute the standard duration of the minimum period for early termination by the seafarer or the shipowner, the Committee requested the Government to specify whether and how the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons has been taken into account, in accordance with Standard A2.1, paragraph 6. The Committee notes the Government’s indication that a period of minimum 7 days has been considered in the draft agreement to notify the termination of a seafarer’s employment. Noting that a notice period shorter than the minimum threshold is not provided in the national provisions, even in the case of compassionate reasons, the Committee requests the Government to clarify whether it has considered, in determining those circumstances the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice, in conformity with Standard A2.1, paragraph 6.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and 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 abovementioned questions, indicating in each case the applicable national provisions.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee requested the Government to indicate how it gives effect to the requirement of Standard A2.2, paragraph 5. The Committee notes the Government’s indication that, generally, the seafarer's account number is included in his employment agreement, and if the seafarer wishes to do so, any amount he/she requests will be deposited to the mentioned account via bank transfer. It further adds that control and supervision by inspection officers is applied in this regard. The Committee notes that the Iranian Merchant Mariners Syndicate indicates that due to extreme and unusual foreign currency fluctuations and difference of governmental and market currency exchange rates and instability in the exchange market over the recent years, some of domestic and national shipping companies have violated this standard and legal obligation and paid their staff and seafarers wage and salary with various and undesirable exchange rates. Therefore, the Iranian Merchant Mariners Syndicate considers that developing a preventive mechanism and legislative provision with a deterrent effect is necessary to avoid such breach of standard and infringement of rights of a group of seafarers. The Committee requests the Government to provide information in relation to the observations made by the Iranian Merchant Mariners Syndicate and to take appropriate measures to give full effect to Standard A2.2, paragraph 5.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee previously requested the Government to explain how all seafarers, and not just those covered by a CBA and persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch and those whose duties involve designated safety, prevention of pollution and security duties, are covered by the protection afforded by Regulation 2.3. Noting that the Government does not provide an answer on this point, the Committee requests the Government to indicate the measures taken or envisaged regulating the minimum hours of rest in the case of seafarers who are not covered by CBAs or the Code of Practice on Responsibilities of Shipping Companies and Seafarers in Respect to the Provisions of STCW Convention, as amended (document No. P6-W29).

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. Noting that Standard A2.3, paragraph 2 should not be interpreted as to giving shipowners or masters the choice of regimes, as seemed to be the case according to the model form for a table of shipboard working arrangements and the model format for the record of hours submitted by the Government, the Committee requested it to explain how it ensures that the maximum hours of work and minimum hours of rest established are not subject to selective application by shipowners or masters. Noting that the Government does not provide an answer on this point, the Committee reiterates its previous request.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes that section 64 of the Labour Code sets the annual paid leave at one month, including four Fridays days per month, which correspond to a total of 28 days. The Committee recalls that Standard A2.4, paragraph 2 sets a minimum of 2.5 calendar days for each month of service as the basis for the calculation of paid annual leave (which corresponds to 30 days). While the CBAs submitted by the Government provide for 2.5 calendar days in accordance with the requirement of the Convention, the Committee however recalls that Standard A2.4, paragraph 1 requires that the minimum entitlement be set out in legislation. The Committee requests the Government to provide information with respect to the implementation of the minimum period of paid annual leave required under Standard A2.4.

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. In the absence of information on the measures adopted to ensure that any agreement to forgo the minimum annual leave with pay is prohibited in law, except in cases provided for by the competent authority, the Committee once again requests the Government to indicate how effect is given to Standard A2.4, paragraph 3.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee had requested the Government to provide information with respect to the implementation of Regulation 2.4, paragraph 2. The Committee notes that the Government refers to section 69 of the Maritime Law and to section 80 bis 1 – paragraph A, and section 80 bis 3 of the Maritime Code 2012, as amended. The Committee observes that a copy of the Maritime Law has not been made available and that the provisions of the Maritime Code 2012, as amended, do not seem to give effect to the right to shore leave, as provided for by Regulation 2.4, paragraph 2. The Committee accordingly requests the Government to take the necessary measures to give effect to this provision of the Convention.

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. While noting that the CBAs transmitted by the Government have provisions with respect to the indemnity to be granted by shipowners against loss or unemployment in the case of a ship’s loss or foundering, the Committee however requested the Government to indicate how it gives effect to this requirement of the Convention in the case of seafarers who are not covered by CBAs. The Committee notes that the Government indicates that all vessels are required to obtain a financial security certificate from a valid insurance company and that the P&I insurance covers this requirement and refers to provisions of Maritime Law which were not made available. Recalling that, in accordance with Standard A2.6, paragraph 1, each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner pays to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, the Committee accordingly requests the Government to provide a copy of the provisions implementing Regulation 2.6. It further requests the Government to indicate whether, for the period during which they remain unemployed following the ship’s foundering or loss, seafarers working on board its ships are paid an indemnity at the same rate as the wages payable under the employment agreement (Guideline B2.6.1).

Regulation 2.7 and the Code. Manning levels. The Committee previously requested the Government (i) to provide detailed information on the applicable safe manning requirements of the Port and Maritime Organization; (ii) to provide a copy of a typical example of a safe manning document or equivalent; (iii) to indicate how it has given due consideration to Guideline B2.7.1 with respect to the investigation and settlement of complaints or disputes concerning the manning levels on a ship; and (iv) to specify how the requirements on food and catering are taken into account when determining manning levels. The Committee notes the Government’s indication that, according to the procedure on certification of minimum safe manning, a certificate is issued for vessels regarding required manning level in terms of sufficient number of personnel and required qualifications. The Government further indicates that control and inspection officers verify levels of manpower on board ships, and in case of any objection or complaint, a special form is completed and submitted to the control and inspection officer for investigation. While noting this information, the Committee requests once again the Government to indicate how it takes into account the requirements of the MLC, 2006 that differ from those of the IMO, in particular with respect to catering personnel. It also reiterates its request to the Government to provide samples of minimum safety manning documents.

Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. Noting that no specific legislation with respect to accommodation for seafarers appears to have been adopted, the Committee requested the Government to take the necessary measures to adopt laws and regulations to ensure the full implementation of the detailed requirements of Standard A3.1. Noting that the Government does not provide relevant information in reply to its request, the Committee once again requests the Government to adopt the necessary laws or regulations requiring that ships that fly its flag meet minimum standards to ensure that any accommodation for seafarers is safe, decent and in accordance with the requirements of Standard A3.1.

Regulation 3.1 and Standard A3.1, paragraph 21. Accommodation and recreational facilities. Exemptions. The Committee observes that Annex 11 of the Code of Practice for implementation Maritime Labour Convention provides in paragraph 2-2 that all exemptions under third title of the MLC, 2006 on vessels’ structural regulations shall be granted to the owner, if the owner’s requests, after confirmation of the Ports and Maritime Organization (PMO). The Committee recalls that exemptions to Standard A3.1 may be allowed, only after consultation with the shipowners’ and seafarers’ organizations, only for ships of less than 200 gross tonnage and for certain requirements of Standard A3.1, i.e. with regard to paragraphs 7(b) (air-conditioning), 11(d) (washbasin with hot and cold running fresh water in sleeping room), 13 (laundry facilities), as well as paragraph 9(f) and (h) to (l), with respect to floor areas only. Furthermore, such exemptions must be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee therefore requests the Government to indicate the measures taken to ensure that exemptions are only made where they are expressly permitted in Standard A3.1 and under the requirements set out under Standard A3.1, paragraphs 20 and 21.

Regulation 3.2 and the Code. Food and catering. Observing that the Code of Practice for Issuing, Revalidating and Renewing Certificates for Seafarers (document No. P6-W22) and the Code of Practice for Conducting Ship’s Cook Training Courses (document No. P6-W58) only partly address some of the requirements of Regulation 3.2 and the Code, the Committee requested the Government to take the necessary measures to ensure the full implementation of this provision of the Convention. Noting that the Government has not responded to its request on this matter, and recalling that each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag, the Committee requests the Government to indicate the measures adopted or being prepared to give full effect to Standard A3.2.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee noted in its previous comment that besides the CBAs stating that a seafarer shall be entitled to immediate medical attention when required, including dental treatment of acute pain and emergencies, there appears to be no national provisions regulating medical care on board ship and ashore. The Committee requested the Government to indicate the measures taken or envisaged to give effect to the detailed requirements of Standard A4.1. The Committee notes the Government’s indication that seafarers have access to medical care on board and medical facilities on shore in accordance with the current medical practice in the country and like other workers working on shore. The Committee observes that section 85 bis 7 of the Maritime Code 2012, as amended, provides for medical care on board and ashore in general terms without giving effect to the detailed requirements of Regulation 4.1 and the Code. The national provisions do not seem to impose an obligation on the country, as established by Regulation 4.1 and Standard A4.1 to ensure access to prompt medical care, including dental care, for seafarers working on ships flying the national flag at no cost to them, including the adoption of laws or regulations regarding medical equipment and medical personnel on board, or any obligation concerning access to medical facilities ashore for ships in its territory, including access to medical advice by radio or satellite communication. The Committee requests the Government to take the necessary measures to give full effect to Regulation 4.1 and Standard A4.1.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee previously noted that the CBAs provide seafarers to whom the CBA applies with a right to material assistance and support from the shipowner with respect to the financial consequences of sickness, injury or death occurring while they are serving on board a ship. Noting that the Government does not however appear to have adopted laws and regulations as required by Standard A4.2, the Committee requested the Government to indicate the legal provisions adopted or envisaged to give full effect to the requirements of Standard A4.2 and to explain how seafarers to whom the CBAs do not apply enjoy the protection guaranteed by the Convention. The Committee notes the Government’s indication that Regulation 4.2 and the Code are implemented through the requirements of the employment contract and that control and inspection officers supervise and control the obligation of the shipowner to apply the said standard. The Committee further notes that the Government refers to provisions of the Maritime Code 2012, as amended, that provide for the shipowner’s liability in general terms without giving effect to the detailed requirements of Regulation 4.2 and the Code. The Committee also notes the Iranian Merchant Mariners Syndicate’s indication that the collective bargaining agreements concluded by this syndicate and domestic shipping companies cover a limited number of Iranian seafarers while no guarantee exists to provide a major number of such seafarers with protections under the Convention. These collective agreements need to be extended annually while there is no guarantee for its extension and mutual agreement of both parties. The Committee requests the Government to provide information in relation to the Iranian Merchant Mariners Syndicate’s observations. The Committee further recalls that each Member shall adopt laws and regulations requiring that shipowners provide material assistance and support with respect to the financial consequences of sickness, injury or death occurring while they are serving under a SEA or arising from their employment under such agreement and therefore requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Regulation 4.3 and Standard A4.3. Health and safety protection and accident prevention. Recalling that member States are obliged to consult with shipowners’ and seafarers’ organizations to develop national guidelines, laws, regulations and other measures that specifically apply on ships, and to regularly review and revise these instruments, as well as to carry out inspections on ships for compliance by shipowners with these national requirements, the Committee requested the Government to indicate the measures adopted or envisaged to give full effect to the requirements of Regulation 4.3. The Committee notes the Government’s indication that the requirements of the Convention are covered by the Maritime Code 2012, as amended, and the provisions implementing the SOLAS Convention and the ISM Code, and that these matters are supervised by control and inspection officers. Noting that the Government has not provided the relevant information in the reply to its request, the Committee requests the Government to indicate in detail the manner in which the applicable legislation or other measures meet the requirements of Standard A4.3, paragraphs 1 and 2 and in which they are regularly reviewed and revised, in accordance with paragraph 3 of this Standard. It also requests the Government to specify the manner in which compliance with the obligation to report and investigate occupational diseases on board all ships covered by the Convention is ensured, in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.5 and the Code. Social security. Recalling that, at the time of ratification, the Government has specified medical care, sickness benefit, old-age benefit and employment injury benefit as the branches of social security for which protection is provided, and noting the Government’s indication in its first report that protection is provided in the nine branches, as mentioned in the Convention, the Committee requested the Government to notify the Director-General of the ILO if it has extended the protection provided to seafarers to all nine branches of social security. The Committee notes the Government’s indication that the development of insurance coverage for all seafarers, including foreign seafarers, is in process and that negotiations have been held with the seafarers' association. The Government further indicates that the preparation of the declaration on the branches is on the agenda. The Committee also notes the Iranian Merchant Mariners Syndicate’s indication that only seafarers employed by big public shipping companies and national vessels are provided with the basic insurance and social security services, while a large and significant number of seafarers working in other vessels, particularly with limited capacity (under 3000 gross tonnes) are deprived of such basic insurance services. The Syndicate adds that a great number of seafarers only benefit from basic insurance services while working on board and once their 3 to 4 months agreement is terminated, such services are cut during rest periods. Therefore, under the best working conditions, a seafarer experiences several phases of connection and disconnection of his/her basic insurance in a year. However, in many other cases, employment and recruitment of seafarer on board of a vessel is performed without an agreement and payment of insurance contribution by the employer and they are not provided with any of the benefits attached to the branches of Standard A4.5. Negotiations and consultations have been carried out with the Government to solve this problem, but no tangible and practical result has yet been achieved. The Committee requests the Government to provide information in relation to the observations made by the Iranian Merchant Mariners Syndicate and to provide information on the measures adopted to give full effect to the requirements set out in Standard A4.5 for all seafarers covered by the Convention.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006 on board. The Committee previously requested the Government to report on how it ensures compliance with the requirement of Standard A5.1.1, paragraph 2, that each Member shall require all ships that fly its flag to have a copy of the Convention available on board. The Committee notes the Government’s indication that according to the control and inspection procedure of the MLC, 2006, it is mandatory for a copy of the Convention to be on board and this requirement is controlled by inspectors. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.2 and Standard A5.1.2. Flag State responsibilities. Authorization of recognized organizations. The Committee requested the Government to specify how it reviews the competence and independence of recognized organizations and whether it has established a system for oversight and communication of relevant information to authorized organizations, as provided for under Standard A5.1.2, paragraphs 1 and 3. The Committee notes that two documents implement the requirements of Standard A5.1.2. The first one is the Instruction for Qualification Maintenance and Training of Inspector on Maritime Labour Convention which defines the qualification and training of MLC inspectors of Iranian classification society. The Committee notes that the Manager of Managing System Department has the responsibility for establishing a training plan for the MLC inspector and/or applicant, its implementation and maintenance of records. It also has the responsibility for implementing and evaluating the entrusted training, granting the qualification and maintaining of MLC inspector’s qualification. The second document is the Procedure for certification of Maritime Labour Convention which prescribes the formality for undertaking activities related to the MLC, 2006 for the issue of maritime labour certificate and the approval of Declaration of Maritime Labour Compliance (hereafter DMLC) by the Iranian classification society. The Committee notes that the Manager of Managing System Department has the responsibility and authority to verify the reports and certificates carried out by inspectors and they are then communicated to the Administration. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.3, paragraph 6. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Public record of certificates. Recalling that, pursuant to Regulation 5.1.3, paragraph 6, the competent authority or the recognized organization shall maintain a publicly available record of the labour maritime certificates issued or renewed, the Committee requested the Government to indicate how it ensures compliance with this requirement of the Convention. Noting that the Government does not provide information on this point, the Committee reiterates its request to the Government to indicate how it ensures that a record of maritime labour certificates is made publicly available.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints, and ensuring that their source is kept confidential. The Committee previously requested the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 10 and 11(b), which provides that inspectors shall treat as confidential the source of any grievance or complaint and must not reveal any commercial secrets or confidential working processes or information which may come to them in the course of their duties. The Committee notes that paragraph 15 of the Procedure for certification of Maritime Labour Convention deals with confidentiality and provides that the information acquired during the inspection should not be revealed or leaded, leaked to a third party without written consent from the shipowner, except when it is requested by the Administration. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee requested the Government to specify the applicable national provisions giving effect to the requirements of Standard A4.1.4, paragraph 12 that inspectors submit a copy of each report to the master and that a copy be posted on the ship’s notice board. The Committee notes the Government’s indication that the attached form A of the inspection report provides that “the inspection report must be retained on board for a period of two years and must be available for consultation by Flag State control officers at all times.” The Committee notes this information and reiterates its previous request that the Government provides information on how it ensures that a copy of the inspection report shall be posted on the ship’s notice board for the information of the seafarers.

Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. The Committee requested the Government to indicate how effect is given to this provision of the Convention. The Committee notes the Government’s indication that this provision is implemented by the Procedure on investigation of maritime accidents, the Committee requests the Government to provide a copy of this document.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee requested the Government to provide detailed information on the mechanism established to receive and deal with complaints in Iranian ports. The Committee notes that the Government refers to a complaint form based on the requirements of this Standard and also refers to the on-board complaint process. The Committee notes that the Iranian Merchant Mariners Syndicate indicates that, in addition to the procedures declared by the Government, a reliable and recognized ITF complaint registration mechanism, available to the Iranian seafarers through Iranian Merchant Mariners Syndicate be referred to for recording seafarers’ complaint and objection as one of the methods of recording such complaints and objections. The Committee requests the Government to provide information in relation to the observations made by the Iranian Merchant Mariners Syndicate. Noting that the Government does not provide detailed information on this point and recalling that the complaint procedure provided for under Regulation 5.2.2 differs from the on-board complaint procedure pursuant to Regulation 5.1.5, the Committee reiterates its request to the Government to specify the procedures that enable seafarers on ships calling at Iranian ports to report a complaint of a breach of the requirements of the Convention.