Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Maritime Labour Convention, 2006 (MLC, 2006) - Switzerland (Ratification: 2011)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the amendments to the Code of the Convention, approved by the International Labour Conference in 2016 and 2018, entered into force for Switzerland on 8 January 2019 and 26 December 2020, respectively, and that those approved in 2022 will enter into force for Switzerland on 23 December 2024.

Article II, paragraphs 1(i) and 5. Definitions and scope of application. Ships. The Committee notes that, in reply to its comments, the Government indicates that there continue to be no ships under 500 gross tonnage flying the Swiss flag, and any eventual exemption concerning these ships will be granted in accordance with the MLC, 2006. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that, in reply to its previous comments, the Government indicates that following the Committee’s recommendations, section 5 of Circular No. CH 43-4 has been amended as follows: “A seafarer shall forfeit his or her right of repatriation in case of: … 2) Entering into a new agreement with the same owner immediately after his or her discharge, as long as the continuous service onboard does not exceed its permitted maximum duration (12 months)”. While noting this information, the Committee recalls that it considers, from the combined reading of Standard A2.4, paragraph 3, on annual leave and Standard A2.5, paragraph 2(b), on repatriation, that the maximum continuous period of shipboard service without leave is 11 months. Thus, the Committee observes that section 5 of Circular No. CH 43-4, as amended, is not fully in line with the Convention. The Committee accordingly requests the Government to take the necessary measures to ensure full conformity with the Convention in this regard.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that, in reply to its previous comments, the Government indicates that according to the Swiss monistic legal system, Standard A2.5.2, paragraphs 2, 4, 7-9 and 11, apply ipso facto. Moreover, section 1.2 of Circular 43-4 provides that: “each vessel owner is required to maintain, at all times, satisfactory third-party liability insurance coverage. This proof shall cover the Flag State repatriation obligations as required in MLC Regulation 2.5.2, which is delegated to the shipowner, as well as sufficient coverage and expedited financial assistance in accordance with MLC A2.5.2 to any abandoned seafarer on a ship flying the Swiss flag.” Moreover, sections 6.1 to 6.4 provide for the requirements of the shipowner’s obligation to maintain an insurance policy (e.g. P&I) or other financial security for cases of abandonment, the direct access, sufficient coverage and expedited financial assistance to be granted by the provider, the obligation to carry on board the certificate of financial security and the content thereof. The Committee notes the financial security certificate supplied by the Government. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee notes the Government’s information that medical care is provided at no cost to themselves to seafarers on board or disembarking in a foreign port to an extent consistent with the Member’s legislation and practice, in accordance with Standard A4.1, paragraph 1(d). The protection and care referred to in Regulation 4.1,paragraph 1, shall be in principle provided free of charge to seafarers. The Government further indicates that the present system shall be reviewed during the ongoing revision of the legislation on maritime navigation. The Committee takes note of this information and requests the Government to communicate any relevant update in this regard.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes that, in reply to its previous comments, the Government indicates that according to the Swiss monistic legal system, Standard A4.2.1, paragraphs 8 to 14 apply ipso facto. The Government also refers to Circular 43-12, which gives application to these provisions, and supplies a financial security certificate compliant with Standard A4.2.1,paragraph 14. The Committee notes the Government’s indication that Standard A4.2.2 also applies ipso facto. Recalling that Standard A4.2.2, paragraph 3, calls for national laws and regulations ensuring that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation referred to in Standard A4.2.1, paragraph 8, through expeditious and fair procedures, the Committee requests the Government to provide information on the implementation of this provision.

Regulation 4.5 and the Code. Social security. The Committee notes that, in reply to its previous comments, the Government indicates that there is no information on the number of seafarers residing in Switzerland. It further indicates that seafarers working on board ships flying the Swiss flag, regardless of where they reside, are insured against sickness and accident risks in accordance with section 84, paragraph 2, of the Federal Law of 23 September 1953 on Maritime Navigation under the Swiss flag, and sections 41 et seq. of the Ordinance of 20 November 1956 on Maritime Navigation. Seafarers ordinarily resident in Switzerland and working on board ships flying the flag of another country are not covered by the above-mentioned law and ordinance, nor are they are not considered to be employed in Switzerland within the meaning of the Swiss law on accident insurance of 20 March 1981 and its regulations (LAA/UVG). They are therefore insured in accordance with the provisions in force in the country where the ship is registered. During the period when seafarers are not working on board and are not under a seafarers’ employment agreement with a shipowner, the legislation of the country of the seafarer is applicable. The Government further indicates that section 3 of the Swiss Federal Health Insurance Act (KVG/LAMal) applies to all seafarers resident in Switzerland, as persons resident in Switzerland are subject to compulsory health insurance. If the LAA does not cover an accident, and for cases of illness, the LAMal applies. The Government also refers to Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended, according to which the flag principle applies (in principle) to seafarers of Swiss or EU/EFTA nationality who habitually work on board a ship flying the Swiss, EU or EFTA flag. The Government adds that the daily sickness benefit insurance is not compulsory in Switzerland. However, every seafarer resident in Switzerland is entitled to adhere optionally to daily allowance insurance (sections 67 et seq. LAMal). The Committee takes note of this information and requests the Government to provide information on the measures taken to extend social security coverage in respect of employment injury to those seafarers ordinarily resident in Switzerland who are currently not covered.

Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization and oversight of recognized organizations. The Committee notes that, in reply to its comments, the Government indicates that, in addition to the necessary membership of the International Association of Classification Societies (IACS), the administration regularly audits classification societies. During this audit, the application of the MLC, 2006 is also verified including the competence and independence of the organizations concerned and the requirements of Standard A5.1.2, paragraph 1. The Committee takes note of this information.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes that, in reply to its previous comments, the Government provides copy of the amended Declaration of Maritime Labour Compliance (DMLC), part I. The Committee takes note of this information.