Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Repatriation of Seafarers Convention (Revised), 1987 (No. 166) - France (Ratification: 2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3(2) of the Convention. Destinations for repatriation. The Committee notes that even though section 88(1) of the Maritime Labour Code lists the choice of destinations available to French seafarers for the purposes of repatriation, section 119 of this Code, applicable to foreign seafarers employed on board vessels registered in France, provides that the shipowner will be deemed to have met his/her obligation regarding repatriation if foreign seafarers are brought back to their port of embarkation. Since most seafarers on board French vessels are foreigners, this clause might, to a large extent, release shipowners from their obligations under the Convention. The Committee recalls that the Convention applies to any person employed on board ship, irrespective of his/her nationality, and requests the Government to indicate the measures taken or envisaged to ensure that foreign seafarers too can choose the destination to which they wish to be repatriated, in accordance with this provision of the Convention.

Article 4(2). Cost of repatriation. The Committee notes that section 89 of the Maritime Labour Code states that the cost of repatriation shall be borne by the shipowner. However, section 85 of this Code provides for the possibility of the shipowner being released from the obligation to cover the cost of medical care and repatriation by paying a flat-rate sum to the Maritime Labour Inspection Authority at the time the seafarer is brought ashore. However, under the terms of the Convention, a shipowner can only be released from the obligation to pay the cost of repatriation when there is a serious breach of employment obligations on the part of the seafarer. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the shipowner is only released from bearing the cost of repatriation of the seafarer under the conditions prescribed by the Convention. It also requests the Government to supply information on the application of section 85 of the Maritime Labour Code in practice.

Article 4(4)(c). Cost of repatriation and seafarers’ pay and allowances. The Committee recalls that under the provisions of this Article of the Convention, where it is provided for by national legislation or collective agreements, the costs to be borne by the shipowner must include the seafarer’s pay and allowances from the moment he or she leaves the ship until he or she reaches the repatriation destination. It notes, however, that the Maritime Labour Code does not contain this requirement. The Committee requests the Government to indicate whether the payment of the seafarer’s remuneration and allowances is provided for by collective agreement.

Article 4(4)(d). Cost of repatriation and transportation of personal luggage. The Committee notes that section 88(2) of the Maritime Labour Code provides that repatriation does not include the provision of clothing. This is distinct from the requirement of the Convention, which provides that repatriation costs must also include the transportation of 30 kg of the seafarer’s personal luggage. The Committee therefore requests the Government to indicate the measures taken or contemplated to ensure that repatriation costs include such transportation of luggage, in conformity with the provisions of the Convention.

Article 4(4)(e). Repatriation costs and medical treatment. The Committee notes that under sections 82 and 82bis of the Maritime Labour Code, any seafarer who has disembarked or is ill or injured outside metropolitan France and who is repatriated by the Maritime Labour Inspection Authority shall receive a daily food allowance, the amount of which shall be fixed by the articles of agreements or otherwise according to the customary procedures of the port of disembarkation, and shall be reimbursed on provision of supporting documentation for his or her medical and pharmaceutical expenses up to the amount fixed by the courts, “if it is recognized that the seafarer still requires medical care after repatriation”. Section 85 of the Code also provides for the possibility of the shipowner being released from the obligation to cover the cost of medical care and repatriation by paying a flat-rate sum to the Maritime Labour Inspection Authority at the time the seafarer is put ashore. However, under the provisions of the Convention, the shipowner must cover the cost of repatriation of seafarers, including the cost of medical treatment for a seafarer who has disembarked pending repatriation. The Committee requests the Government: (i) to indicate the measures taken or envisaged to ensure that the cost of medical treatment is covered by the shipowner until the seafarer’s state of health allows him or her to travel to the repatriation destination; and (ii) to provide information on the use in practice of the option to pay the flat-rate sum in lieu of covering the cost of repatriation.

Article 4(5). Payment of the cost of repatriation by the seafarer. The Committee notes that the Maritime Labour Code provides that the shipowner may not require the seafarer to share the cost of repatriation except in cases involving serious misconduct or further to an injury or illness intentionally caused by the seafarer. Section 90(1) of this Code provides, however, that the coverage of the cost of repatriation in respect of a seafarer who disembarks during a voyage after termination of a contract at the mutual request of the parties is governed by an agreement reached by those parties. Under the provisions of this section, the seafarer could therefore be required to cover part of the cost. The Committee therefore requests the Government to explain whether there have been cases in practice in which the termination of the contract has been decided upon by joint agreement between the shipowner and the seafarer, and to indicate the manner in which the cost of repatriation has been shared.

Article 10. Repatriation and replacement of seafarers serving on ships calling at ports or passing through territorial or internal waters. The Committee notes that with regard to the application of this Article, the Government refers to the provisions applicable to seafarers in transit and in particular to the application of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). Since the Government does not refer to the provisions of the national legislation in question and the first report concerning this Convention has not yet been submitted, the Committee requests the Government to indicate the measures intended to facilitate the repatriation and replacement of seafarers serving on ships which call at ports in France or pass through French territorial or internal waters.

Article 11 of the Convention and Part V of the report form. Application of the Convention. The Committee notes the Governments’ indication that the enforcement of the provisions of the Convention comes under the competence of the Maritime Labour Inspection Authority. Such enforcement covers all aspects of conditions of employment, work and life on board. The Committee requests the Government to provide information on shipowners’ compliance with obligations relating to repatriation as required by this Article of the Convention. It also requests the Government to provide general information on the manner in which the Convention is applied in practice, including information on the number of seafarers covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Article 12. Availability of the text of the Convention. The Committee recalls that under the provisions of this Article, and with a view to allowing seafarers to know their rights, the text of the Convention must be available in an appropriate language to the crew members on board. Since the national legislation and the report do not contain any information on the implementation of these provisions, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the text of the Convention is available in an appropriate language to the crew members of all ships registered in France.