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

Seafarers' Hours of Work and the Manning of Ships Convention, 1996 (No. 180) - 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 1(2) of the Convention. Application to fishers. In its report, the Government states that Directive No. 2003/88/EC applies to fishers. This Directive nevertheless needs to be incorporated in French law. The Committee requests the Government to provide further details on the incorporation of the Directive.

Article 5(1)(b)(ii). Minimum hours of rest. National laws and regulations appear not to contain a provision requiring at least 77 hours of rest in any seven-day period. Ten hours of rest a day does not amount to 77 in seven days. The Committee requests the Government to indicate how the 77 weekly hours of rest required by the Convention are observed, taking as a basis the hours of rest option.

The Committee observes that in the maritime industry there are watch schedules of four hours and of six hours, and notes the risks involved in the six-hour system. It requests the Government to state whether ships registered in France use the six-hour watch schedule. If so, the Government is asked to indicate:

(i)    the measures that have been taken to avoid non-compliance with the Convention (to the six hours of the watch must be added commercial and fiscal management and the requirements imposed by the ISPS Code);

(ii)   whether examination of the schedule of hours of work has brought to light any inconsistencies with the Convention;

(iii)  the measures that have been taken to anticipate future inconsistencies.

Article 5(4). Compensatory rest period for seafarers on call. Section 15 of Decree No. 2005-305 of 31 March 2005 provides for on-call duty only in port. The Convention, however, provides for no such limitation. There may be situations when a seafarer is on call when the ship is at sea. Furthermore, when on call, seafarers must have adequate compensatory rest if the normal period of rest is disturbed, whether the ship is at sea or in port. The Committee requests the Government to indicate, or to take, measures to ensure that seafarers who are called upon to work during their normal period of rest have adequate compensatory rest.

Article 5(5). Sufficient rest. The Government does not indicate in its report whether there are collective agreements or arbitral awards ensuring that Article 5(3) and (4) is properly applied. The Committee requests the Government to indicate whether there are collective agreements or arbitral awards enabling Article 5(3) and (4) to be applied, and to send a copy of them.

Article 7(3). Adequate period of rest. The Maritime Labour Code provides in section 26-1(1), in fine, that “overtime performed in the event of urgent work … gives no entitlement to compensatory rest”. However, the Convention stipulates that seafarers should be provided with an adequate period of rest after the normal situation has been restored. Consequently, the Committee requests the Government to provide information on the manner in which it ensures that seafarers are guaranteed an adequate period of rest after emergency work.

Article 13. Responsibilities. According to available information, it would appear that Decree No. 67-432 of 26 May 1967 respecting crews on board commercial, fishing and pleasure vessels is no longer in force. The Committee asks the Government to indicate how application of this Article is ensured in law and in practice.