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

Maritime Labour Convention, 2006 (MLC, 2006) - Slovakia (Ratification: 2018)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that Slovakia has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 by the International Labour Conference and is therefore not bound by these amendments. The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2022 will enter into force for Slovakia on 23 December 2024.

Article I of the Convention. General questions on application. Implementing measures. The Committee takes note of the Government’s indication, in reply to its previous comment, that the MLC, 2006, is an international agreement which, according to article 7, paragraph 5 of the Constitution of the Slovak Republic, takes precedence over laws. The Committee further notes that the Government reiterates that it does not have a maritime fleet, nor does it have seafarers who are nationals or residents or otherwise domiciled in its territory since 2012. The Committee requests the Government to provide information on any developments regarding its fleet or national seafarers. It further requests the Government to adopt the necessary measures to implement the Convention, taking into account the matters raised below.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication in reply to its previous comment that “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the MLC, 2006 applies by virtue of direct application of the Convention into the national legal system. While noting this information, the Committee observes that Act No. 435/2000 Coll. on Maritime Navigation, as amended, contains a narrow definition of seafarer. The Committee accordingly requests the Government to harmonize its legislation to ensure that all seafarers within the meaning of the Convention, including those who are not involved in maritime duties, such as catering personnel, enjoy the protection provided by the Convention.

Article VII. Consultations. The Committee takes note of the Government’s indication in reply to its previous comment, that the Association of Trade Unions of Transport, Posts and Telecommunications is the organization representing water transport workers (maritime and inland water transport staff) and that a special sectorial tripartite committee meeting is held at least twice a year. The Committee takes note of this information.

Regulation 2.1 and Standard A2.1, paragraphs 1(d) and 2. Seafarers’ employment agreement. Documents available on board. In reply to the Committee’s previous comment, the Government indicates that, according to section 20, paragraph 2 of Act No. 435/2000 Coll. on Maritime Navigation as amended, employment contracts of ship crew members and collective agreements, if concluded, in original or in copy, must be on board a seagoing ship, except for a seagoing yacht. In accordance with section 40 subparagraph 5(e), the owner of a seagoing ship shall ensure that the labour contracts of the ship’s crew members or the collective agreement, if concluded, have a translation into English, if they are not written in English. The Committee takes note of this information.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. In reply to the Committee’s previous comment, the Government indicates that the requirement of a seafarer’s full name and date of birth and the place where the seafarer’s employment agreement is entered into are foreseen for the employment contract of a ship’s crew member by section 42, subparagraph 5(a) and (e) of Act No. 435/2000 Coll. on Maritime Navigation as amended. The Committee takes note of this information.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes, in reply to its previous comment, the Government’s indication that the standard provisions of the Labour Code that apply to all employees apply to seafarers as well, provided their employment contract does not include more favourable conditions. Noting that no provisions or measures in the national legislation have been identified ensuring that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account, the Committee requests the Government to indicate the measures adopted or envisaged to give effect to 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 the absence of a reply to its previous comment in relation to the 2018 amendments to the Code,the Committee requests the Government to indicate the measures adopted to give effect to Standards A2.1, paragraph 7 and A2.2, paragraph 7.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that section 44 of Act No. 435/2000 Coll. on Maritime Navigation provides for the alternative between the maximum hours of work regime and the minimum hours of rest regime. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that either a maximum number of hours of work or a minimum number of hours of rest is fixed in conformity with Standard A2.3, paragraphs 2, 5 and 6.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest.Immediate safety and distress at sea. The Committee notes, in reply to its previous comment, the Government’s reference to the provisions of the section 44 of Act No. 435/2000 Coll. on Maritime Navigation, as amended, regarding emergency work, which however do not prescribe that compensatory rest is granted to seafarers as soon as practicable once the normal situation has been restored. The Committee accordingly requests the Government to indicate the measures adopted to give effect to this requirement of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes, in reply to its previous comment, the Government’s indication that section 48 of Act No. 435/2000 Coll. on Maritime Navigation provides that seafarers have the right to repatriation in the circumstances provided for by Standard A2.5.1, paragraph 1. Noting that the information provided by the Government does not reply to its previous comment as to whether seafarers have the right to repatriation when the seafarer’s employment agreement is terminated by the seafarer for justified reasons, the Committee reiterates its request.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes, in reply to its previous request regarding the maximum period of service on board a ship following which a seafarer is entitled to repatriation, that the Government refers to section 43, paragraph 1 of Act No. 435/2000 Coll. on Maritime Navigation as amended, stipulating that the length of service on a seagoing ship must not exceed 12 consecutive months. The Committee recalls that from the combined reading of Standard A2.4, paragraphs 2 and 3, on annual leave and Standard A2.5.1, paragraph 2(b), the maximum continuous period of shipboard service without leave is in principle 11 months. The Committee accordingly requests the Government to indicate the measures adopted to give full effect to these requirements of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes, in reply to its previous comment, the Government’s indication that the costs of repatriation are mainly the costs of transporting a crew member and their personal luggage, the costs of their food and accommodation during repatriation and other costs according to the international agreement to which the Slovak Republic is bound. While noting this information, the Committee notes that there appear to be no provisions prescribing entitlements relating to the destinations of repatriation and the mode of transport (Standard A2.5.1, paragraph 2(c)). The Committee accordingly requests the Government to indicate the measures adopted to give full effect to Standard A2.5.1 paragraph 2(c)), giving due consideration to guideline B2.5.1, paragraphs 3, 6 and 7.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes, in reply to its previous comment, the Government’s reference to section 30 of Act No. 435/2000 Coll. on Maritime Navigation as amended. The Committee observes however that this section does not contain provisions conditioning the possibility to recover the cost of the repatriation from the seafarer on the seafarer being found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee accordingly requests the Government to indicate how it gives full effect to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s reference to section 48 of Act No. 435/2000 Coll. on Maritime Navigation as amended, which however does not address the questions raised in its previous comment. The Committee accordingly requests the Government to indicate the measures adopted to give full effect to Regulation 2.5, paragraph 2 and Standard A2.5.2.

Regulation 2.7 and the Code. Manning levels. The Committee notes, in reply to its previous comment, the Government’s indication that the details of safe manning principles are covered by the Administrative Instruction on Safe Manning No. 04870/2015/C421-NU/z. 27667, issued under Act No. 435/2000 Coll. on Maritime Navigation, as amended, and in conjunction with the relevant provisions of Decree No. 66/M-2002 on the principles of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) . While noting this information, the Committee observes that the Government does not develop on the content of these applicable manning principles in respect to the requirements of Standard A2.7 and Standard A3.2 on ship’ cooks. The Committee requests the Government to provide a copy of the Administrative Instruction on Safe Manning No. 04870/2015/C421-NU/z. 27667 addressing the safe manning principles.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes, in reply to its previous comment, the Government’s reference to the direct application of the MLC, 2006 at the national level and to section 49, paragraph 1 (a) of Act No. 435/2000 Coll. on Maritime Navigation as amended, prescribing that the owner of a seagoing ship is obliged to provide accommodation and facilities for rest and free time to the members of the ship’s crew during their service on the seagoing ship in accordance with the international agreement to which the Slovak Republic is bound, including the MLC, 2006. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital accommodation. The Committee notes, in reply to its previous comment, the Government’s reference to section 3 of Regulation No. 488/2004 Coll. of August 18, 2004, which establishes the requirements for the provision of health care on seagoing ships sailing under the national flag of the Slovak Republic, as amended by Government Regulation No. 333/2021 Coll. The Committee takes note of this information.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and Catering. Religious and cultural practices. The Committee takes note, in reply to its previous comment, of the Government’s reference to article 49, paragraph 1(c) of Act No. 435/2000 Coll. on Maritime Navigation as amended, according to which, when supplying food, the religious and cultural customs of the ship’s crew members must be taken into account. The Committee takes note of this information, which addresses its previous request.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee takes note, in reply to its previous comment, of the Government’s reference to section 41, subparagraph 12 of Act No. 435/2000 Coll. on Maritime Navigation, as amended, according to which, on a seagoing ship where the prescribed number of crew members is less than ten and the Department cannot require that a fully qualified cook be on board having regard to the number of crew members or the operational purpose of the seagoing ship, everyone who prepares food in the galley must be trained or instructed in food and personal hygiene, as well as food handling and storage on board a seagoing ship. The Committee takes note of this information.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes, in reply to its previous comment, the Government’s reference to section 50, paragraph 1(f) of Act No. 435/2000 Coll. on Maritime Navigation, as amended, according to which the shipowner covers the costs of medical care provided to a crew member during service on a seagoing ship in the event of illness or injury. Noting that this provision does not specify whether medical care and health protection services, including dental care, are provided free of charge to seafarers landed in a foreign port, the Committee requests the Government to indicate the measures adopted to give effect to Regulation 4.1, paragraph 2 and Standard A4.1, paragraph 1(d).

Regulation 4.2 and the Code. Shipowners’ liability. In reply to its previous request for clarification whether a long-term disability of seafarers due to an occupational injury, illness or hazard (Standard A4.2.1, paragraph 1(b)) is also covered by social insurance, the Committee notes the Government’s reference to Act No. 461/2003 Coll. on Social Insurance and to sections 50 and 40 of Act No. 435/2000 Coll. on Maritime Navigation, as amended, which gives effect to this requirement of the Convention. The Committee takes note of this information, which addresses its previous request. In the absence of a reply to its other questions, the Committee reiterates its request to the Government to: (i) specify if shipowners are liable to bear the costs for seafarers in case of non-employment related sickness occurring when seafarers are serving under a seafarer’s employment agreement or arising from their employment under such agreement; (ii) indicate how it ensures that shipowners are liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character; and (iii) indicate whether wages are to be paid to the seafarer during the periods specified in accordance with Standard A4.2.1, paragraph 3.

Regulation 4.2 and Standard A4.2.1, paragraph 5.Shipowners’ liability. Possible exclusion. In reply to its previous request to clarify whether section 196 of Act No. 311/2001 Coll. Labour Code, while prescribing the circumstances under which a shipowner is fully or partly released from liability to cover the costs of occupational accidents, strictly limits such exclusion of liability to circumstances provided under Standard A4.2.1, paragraph 5, in particular in case of “wilful misconduct” of the seafarer, the Committee notes the Government’s reference to section 49, subparagraph 1(f) of Act No. 435/2000 Coll. on Maritime Navigation, as amended, foreseeing circumstances when the shipowner is released from his obligation to pay wages to the ship’s crew members who, due to illness or injury, have become unable to work in accordance with the international agreement to which the Slovak Republic is bound. Noting that the Government’s reference to the above-mentioned text does not fully address its previous comment, the Committee requests the Government to indicate the measures adopted to ensure that circumstances under which a shipowner is fully or partly released from liability are limited to those prescribed under Standard A4.2.1, paragraph 5. The Committee further notes that section 49, subparagraph 1(f) of Act No. 435/2000 Coll. on Maritime Navigation, as amended, prescribes, inter alia, a possibility to release the shipowner from his obligation to pay wages in case of “non-compliance with safety and other operating regulations or inappropriate behaviour of a sick, injured or deceased crew member or a crew member caused illness”. While noting that such an exclusion is not foreseen by Standard A4.2.1, paragraph 5, the Committee requests the Government to indicate the measures adopted to ensure conformity with the Convention in this regard.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. Regarding its question how the safeguard of the seafarer’s property in the event of injury or sickness is ensured, the Committee notes the Government’s reference to section 31, subparagraph 5 of Act No. 435/2000 Coll. on Maritime Navigation, as amended, which is in conformity with the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee previously requested the Government to reply to the questions included in the report form, indicating in each case the applicable national provisions. The Committee takes note of the Government’s reference to the provisions of Act No. 435/2000 Coll. on Maritime Navigation, as amended, which give effect to the requirements of the Convention. The Committee takes note of this information.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In its previous comment, the Committee noted that Act No. 124/2006 Coll. on Occupational Safety and Health Protection, as amended, is of a general nature and does not address all the specificities of work on board ships. The Committee also indicated that it had not identified information on the national guidelines for the management of occupational safety and health (OSH) on board ships that fly its flag, nor on OSH policies and programmes (Regulation 4.3, paragraph 2, and Standard A4.3, paragraph 1(a)). The Committee notes, in reply to its previous comment, the Government’s indication that, according to Act No. 435/2000 Coll. on Maritime Navigation, as amended, section 41, subparagraph 21, a member of the ship’s crew is obliged to undergo training on safety and health protection at work, as well as its further reference to a number of texts on health and safety not specific to the maritime sector, without providing the content of the relevant provisions. The Committee requests the Government to indicate the measures adopted to give full effect to Standard A4.3.

Regulation 4.5 and the Code. Social security. In reply to its previous request for clarifications regarding whether, and to what extent, the social security legislation is applicable to all seafarers, national and foreign, ordinarily resident in the Slovakian territory , and whether seafarers ordinarily resident in Slovakia who work on ships flying a foreign flag are granted social security benefits under the Slovakian social security system, which are no less favourable than those enjoyed by shoreworkers resident in the Slovakian territory, the Committee notes the Government’s reference to section 42, subparagraph 5(c) of Act No. 435/2000 Coll. on Maritime Navigation, as amended, according to which the employment contract of a ship’s crew member must contain conditions on health and social security benefits. The Committee also notes the Government’s indication that, according to Act No. 461/2003 Coll. on Social Insurance, in order to be entitled to social insurance benefits, the person must fall within the personal scope of the provisions of this act. The Committee further notes the definition of “employee” and “insured person”, as defined by such Act. The Committee observes however that the Government does not provide the clarifications requested under its previous comment regarding the effective social security protection provided to all seafarers ordinarily resident in the Slovakian territory. The Committee consequently requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A4.5 and to continue to provide detailed information on any progress made in this regard.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes, in reply to its previous comment, the Government’s reference to several provisions of Act No. 435/2000 Coll. on Maritime Navigation, as amended, namely those defining the entity who issues a maritime work certificate and a declaration of compliance (section 4, paragraph 2), prescribing control of compliance with obligations in the field of working and living conditions of ship crew (section 5b, paragraph 1) and the possibility to revoke the maritime work certificate (section 5b, paragraph 3), as well as the reference to some other Acts (on illegal work and illegal employment and on labour inspection). The Committee also notes the Government’s indication that Slovakia does not have a maritime fleet since 2012. While noting this information, the Committee requests the Government to provide a copy of the DMLC, Part I as soon as it is available.