Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - French Southern and Antarctic Territories

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

The Committee recalls that in its previous direct request it noted that a reform of the Overseas Labour Code was envisaged, providing for the possibility for trade unions representing seafarers on board vessels registered in the French Southern and Antarctic Territories to conclude agreements. The Committee once again requests the Government to provide a copy of the amended Overseas Labour Code once it has been adopted.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes 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:

The Committee recalls that in its previous direct request it noted that a reform of the Overseas Labour Code was envisaged, providing for the possibility for trade unions representing seafarers on board vessels registered in the French Southern and Antarctic Territories to conclude agreements. The Committee once again requests the Government to provide a copy of the amended Overseas Labour Code once it has been adopted.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

The Committee recalls that in its previous direct request it noted that a reform of the Overseas Labour Code was envisaged, providing for the possibility for trade unions representing seafarers on board vessels registered in the French Southern and Antarctic Territories to conclude agreements. The Committee once again requests the Government to provide a copy of the amended Overseas Labour Code once it has been adopted.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided in the Government’s report. The Committee notes the indication in the report that protocols of collective agreements have been concluded reflecting the collective bargaining between the representative organizations of seafarers and shipowners. The Committee also notes the Government’s indication that, in most cases, the owners of vessels registered in the French Southern and Antarctic Territories refer to the provisions of the national collective agreement for the merchant navy and apply it either through contracts or directly, which results in the Protocol agreement on the representation of French seagoing personnel in enterprises registering vessels in the French Southern and Antarctic Territories being made applicable. Finally, the Committee notes that the process of establishing the maritime labour inspectorate, under Act No. 96-151 of 26 February 1996 respecting transport and Decree No. 99-489 of 7 June 1999, issued under section L-742-1 of the Labour Code, has been under way since September 2001 and should make it possible for employees on vessels registered in the French Southern and Antarctic Territories to have the possibility of having recourse to a maritime labour inspector, particularly to supervise the application of the applicable collective agreements.

The Committee also notes the Government’s indication that the reform of the Overseas Labour Code is envisaged, providing for the possibility for trade unions representing seafarers on board vessels registered in the French Southern and Antarctic Territories to conclude agreements. The Committee takes due note of this information and requests the Government to provide a copy of the amended Overseas Labour Code once it has been adopted.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report does not answer its previous comments. Therefore, the Committee reiterates its previous observations which read as follows:

The Committee notes that, according to the Government, the actual situation of crews is generally that French crews are seconded to work on board vessels registered in the French Southern and Antarctic Territories (TAAF) or foreign crews are made available, and each of these two categories is covered by their respective collective agreements. The Government adds that nothing under the Overseas Labour Code precludes the conclusion of collective agreements covering either all seconded crews or only the crews recruited directly.

The Committee notes, however, that the Government has not forwarded the text of the instructions of the Merchant Navy Ministry on the supervision of employment conditions in force on board vessels registered with the TAAF. The Committee, therefore, reiterates its request in this regard.

The Committee also requests the Government to provide practical indications on all the collective agreements which will enter into force. Furthermore, the Committee requests the Government to indicate how seafarers are able to obtain compliance with these agreements, where necessary.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

The Committee notes that, according to the Government, the actual situation of crews is generally that French crews are seconded to work on board vessels registered in the Antarctic (TAAF) or foreign crews are made available, and each of these two categories is covered by their respective collective agreements. The Government adds that nothing under the Overseas Labour Code precludes the conclusion of collective agreements covering either all seconded crews or only the crews recruited directly.

The Committee notes, however, that the Government has not forwarded the text of the instructions of the Merchant Navy Ministry on the supervision of employment conditions in force on board vessels registered with the TAAF. The Committee, therefore, reiterates its request in this regard.

The Committee also requests the Government to provide practical indications on all the collective agreements which will enter into force. Furthermore, the Committee requests the Government to indicate how seafarers are able to obtain compliance with these agreements, where necessary.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report.

The Committee recalls that the National Federation of Seafarers' Unions (FNSM) and the General Confederation of Labour (CGT) submitted observations concerning the situation of seafarers engaged on board vessels registered in the French Southern and Antarctic Territories (TAAF). In particular, these organizations considered that the terms of employment in regard to foreign seafarers were discriminatory. They also underlined the lack of collective agreements and negotiations for vessels registered in the TAAF.

The Committee notes that, according to the Government, the social partners are free to enter into collective bargaining on employment conditions on board vessels registered with the TAAF. Consequently, the lack of collective agreements relating to employment conditions aboard these vessels could not be attributed to the Government. The Government indicates, however, that in the majority of cases recruitment companies are bound by local collective agreements concluded with trade unions of seafarers. According to the Government, nothing in the Overseas Labour Code precludes the conclusion of such agreements covering either all seconded crews (namely, French seafarers) or only the crews recruited directly.

In the light of those facts, the Committee notes that the Merchant Navy Ministry has undertaken to renew its instructions on the supervision of employment conditions in force on board vessels registered with the TAAF and to ensure entry into force of a model inspection report, accompanied by an inspection handbook. The Committee would be grateful if the Government would supply the text of the new instructions along with the model report and handbook.

Recalling that by ratifying the Convention the State has undertaken to encourage and promote the development and use of voluntary bargaining machinery with a view to settling the employment conditions of seafarers, the Committee requests the Government to take measures to this effect and to supply information on the matter. In particular, the Committee would request the Government to supply practical indications on the collective agreements in force, to indicate the signatories, the topics covered and the number of seafarers concerned. It also requests the Government to indicate in what way seafarers can obtain compliance with these agreements, if necessary.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report, the information supplied by a Government representative to the Conference Committee in June 1996 and the discussion which followed. It also notes the communication by the National Federation of Seafarers' Unions (FNSM) of 10 January 1996.

The Committee notes that the comments made by the FNSM concern a Decree and an Order of 4 August 1993 on the registration of French vessels in the French Southern and Antarctic Territories (TAAF), which amend Decree No. 87-190 of 20 March 1987. According to the FNSM, these provisions were extended to almost all French vessels where the treatment of foreign seafarers from poor countries was discriminatory, in breach of ILO Conventions.

The Government representative to the Conference explained that the contentious procedure before the Council of State questioning the legality of Decree No. 87-190 of 20 March 1987 regarding the registration of vessels in the TAAF had resulted in the recision of the Decree on the grounds that the regulatory authorities had tried to enact provisions of a legislative nature which, under the French Constitution, are the prerogative of Parliament. The practical result of this decision is that the Maritime Labour Code (Act of 13 December 1926) does not apply to the TAAF although the Overseas Labour Code (Act No. 52/1322 of 15 December 1952) is still applicable to them.

Subsequent to this decision, Act No. 96-151 of 26 February 1996 was adopted by Parliament providing a legal basis to the TAAF register by instituting a system of registration of French vessels in those territories. The Government indicates in its report that regulatory texts are in the process of consultation and drafting and will be communicated to the ILO as soon as they have been promulgated. As of 1 January 1995, 99 vessels were registered with the TAAF (16 service or research vessels and 83 vessels of international trade). The number of posts of officers and seafarers on the vessels registered with the TAAF equals 1,525, 823 of which are filled by French nationals.

In addition, the Government recalls in its report that the social partners are free to enter into collective bargaining of employment conditions on board vessels registered with the TAAF and to conclude such agreements. The Government cannot be held responsible for the absence of collective agreements concerning employment conditions on vessels registered with the TAAF. On several occasions, the Government invited the social partners to prepare a collective agreement concerning recruitment of seafarers covered by the TAAF. The specific situation of seafarers normally depends on a detachment of French crews on board vessels registered with the TAAF and on the availability of foreign crews, each of the two categories being covered by their original collective agreements. In fact, in the majority of cases, the companies responsible for recruiting seafarers for the crews of TAAF vessels are bound by local collective agreements concluded with seafarers' trade unions. Accession to these agreements is sometimes a legal obligation of the State where the recruiting company has its headquarters, but nothing in the Overseas Labour Code precludes the conclusion of such agreements covering either all seconded crews or only the crews recruited directly.

Finally, the Government indicates that in March 1996 the maritime social partners held a round table conference on maritime employment which provided a constructive dialogue and is to be followed by joint thematic meetings; one of the themes will be specifically the conditions of employment in the TAAF. The Committee notes the Government's commitment to keep it informed of the outcome of this initiative.

The FNSM, for its part, stresses that, despite the recision of the Decree of 20 March 1987 by the Council of State, the Act of February 1996 legalizes discriminatory treatment on French ships.

The Committee reminds the Government once again that by ratifying the Convention it has undertaken to encourage and promote the development and use of voluntary bargaining machinery with a view to settling the employment conditions of seafarers. It requests the Government to send it a copy of the regulations relating to Act No. 96-151 of 26 February 1996. In addition, it again requests the Government to indicate in its next report whether collective agreements have been concluded on vessels registered in the TAAF and, if so, to send it the texts of any such agreements.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It has however taken note of the statement made by a representative of the Government to the Conference Committee in June 1995 and of the following discussion.

The Committee recalls that the comments made by the National Federation of Seafarers' Unions (FNSM) concerned a Decree and an Order of 4 August 1993 on registration in the French Southern and Antarctic Territories (TAAF), amending Decree No. 87.190 of 20 March 1987 and the Order to 20 March 1987. According to the FNSM, these dispositions were extended to almost all French vessels, and the treatment on board these vessels was discriminatory for foreign seafarers from poor countries, in breach of ILO Conventions.

In its previous report the Government had indicated that the Overseas Labour Code applied to seafarers on vessels registered in the TAAF. However, it explained that no collective agreements had been concluded because the social partners had failed to conclude any. It had nevertheless specified that the Secretary of State for the Sea was endeavouring to obtain a commitment to negotiation in order to establish enterprise-level collective agreements. It had added that the question of the legality of the Decree of 4 August 1993 with respect to the international Conventions ratified by France was before the Council of State. In addition it had indicated that a draft law on the modernization of transport, which contains provisions concerning the licensing of ships in the TAAF, will be debated at the next parliamentary session.

The representative of the Government explained before the Conference Committee that the Maritime Labour Code did not apply to the TAAF as indicated in the opinion of the Council of State of 27 January 1990. He stated that the Government envisaged to extend by legislation certain provisions of the Maritime Labour Code to the TAAF.

The Committee, as well as the Conference Committee, expressed its concern in view of the ambiguity about the Statute of the Registration of Ships in the TAAF and the legal and practical consequences thereof. It reminded the Government once again that on ratifying the Convention it undertook to encourage and promote the development and utilization of machinery for voluntary collective bargaining as a means of regulating the terms and conditions of employment of seafarers. It again asked the Government to indicate in its next report whether the call for collective negotiations made by the Secretary of State for the Sea to the social partners in the maritime sector has led to the conclusion of collective agreements on board vessels registered in the TAAF and, if so, to provide copies of any such agreements. Moreover, it requested the Government to provide a copy of the judgement handed down by the Council of State on the issue of the Decree of 4 August 1993 as well as the draft law referred to by the Government in its latest report.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report.

It recalls that the comments made by the National Federation of Seafarers' Unions (FNSM) concerned a Decree and an Order of 4 August 1993 on registration in the French Southern and Antarctic Territories (TAAF) amending Decree No. 87.190 of 20 March 1987 and the Order of 20 March 1987. According to the FNSM, these provisions were extended to almost all French vessels, and the treatment on board these vessels was discriminatory for foreign seafarers from poor countries, in breach of ILO Conventions.

In its previous observation, the Committee noted the Government's indication that the Overseas Labour Code applied to seafarers on vessels registered in the French Southern and Antarctic Territories but that there were no collective agreements because the social partners had failed to conclude any. It had nevertheless specified that the Secretary of State for the Sea was endeavouring to obtain a commitment to negotiation in order to establish enterprise-level collective agreements. The Government had also indicated that the question of the legality of the Decree of 4 August 1993 with respect to the international Conventions ratified by France, was before the High Court (Conseil d'Etat).

In its latest report, the Government indicates that it will inform the Committee of the contents of the judgement of the High Court as soon as it is handed down. It adds that a draft law on the modernization of transport which contains provisions concerning the licensing of ships in the TAAF will be debated at the next parliamentary session and that it will ensure greater legal protection for the status of seafarers on board vessels licensed in the TAAF.

The Committee reminds the Government once again that on ratifying the Convention it undertook to encourage and promote the development and utilization of machinery for voluntary collective bargaining as a means of regulating the terms and conditions of employment of seafarers. It again asks the Government to indicate in its next report whether the call for collective negotiations made by the Secretary of State for the Sea to the social partners in the maritime sector has led to the conclusion of collective agreements on board vessels registered in the French Southern and Antarctic Territories and, if so, to provide copies of any such agreements. Moreover, it requests the Government to provide a copy of the judgement handed down by the High Court on the issue of the Decree of 4 August 1993. as well as the draft law referred to by the Government in its latest report.

The Committee hopes that the Government will make every effort to provide the information requested in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report.

It also notes the comments made by the National Federation of Seafarers' Unions (FNSM) dated 23 September 1993 which supplement its earlier comments. It notes the FNSM's indication that by virtue of a Decree and an Order of 4 August 1993, registration in the French Southern and Antarctic Territories (TAAF), which is governed by Decree No. 87.190 of 20 March 1987 and the Order of 20 March 1987, has been extended to almost all French vessels, and that treatment on board these vessels is discriminatory for foreign seafarers from poor countries, in breach of ILO Conventions.

In its previous observation, the Committee noted the Government's indication that the Overseas Labour Code applied to seafarers on vessels registered in the French Southern and Antarctic Territories but that there were no collective agreements because the social partners had failed to conclude any. It had nevertheless specified that the Secretary of State for the Sea was endeavouring to give rise to a commitment to negotiation in order to establish enterprise-level collective agreements. The Government merely indicated that the question of the legality of the Decree of 4 August 1993 with respect to the international Conventions ratified by France, was being examined by the Council of State.

The Committee is bound to remind the Government once again that on ratifying the Convention it undertook to encourage and promote the development and utilization of machinery for voluntary collective bargaining as a means of regulating the terms and conditions of employment of seafarers. It again asks the Government to indicate in its next report whether the call for collective negotiations made by the Secretary of State for the Sea to the social partners in the maritime sector has led to the conclusion of collective agreements on board vessels registered in the French Southern and Antarctic Territories and, if so, to provide copies of any such agreements. Moreover, it requests the Government to provide a copy of the judgement handed down by the Council of State on the issue of the Decree of 4 August 1993.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee recalls that the initial comments by the National Federation of Seamen's Trade Unions (FNSM) dated 9 July 1986 and 4 September 1987 concerned the registration of vessels in the French Southern and Antarctic Territories as set out in Decree No. 87.190 of 20 March 1987 and the Order of 20 March 1987. Under this system, the proportion of crew members of French nationality may not be less than 25 per cent of the seafarers registered on the crew list, including between two and four officers according to the type of vessel. According to the FNSM, this system signified that 75 per cent of the crew would be made up of foreign seafarers engaged under discriminatory conditions, with a view to reducing the crewing costs as much as possible by substantially lowering the conditions of employment of the foreign seafarers who were engaged. According to the FNSM, which repeats its opinion in a communication dated 12 August 1992, these provisions are contrary to Convention No. 98.

In its report, which reached the ILO on 13 February 1992, the Government states that the overseas Labour Code (Act No. 52.1322 of 15 December 1952), which is among the legislation cited by Decree No. 87.190, is applicable to seafarers on board vessels.

According to the Government, sections 4 and 42 of the Code apply the first Article of the Convention relating to protection against acts of anti-union discrimination, and sections 68 et seq. of chapter IV, concerning collective and other labour agreements, fully promote collective bargaining.

The Government states that the legislation which is force in the French Southern and Antarctic Territories does not deprive trade union organizations of seafarers from the right to negotiate collective agreements. However, it recognizes that up to now no collective agreement has been concluded and states that this omission is due to the social partners. It adds that, as a consequence, the Secretary of State for the Sea is endeavouring to give rise to a commitment to negotiation in order to establish enterprise level collective agreements.

The Government concludes by rejecting the comments made by the FNSM as being groundless.

While noting that the overseas Labour Code is applicable to seafarers on board vessels registered in the French Southern and Antarctic Territories, the Committee expresses the firm hope that the Government will state in its next report whether the invitation made by the Secretary of State for the Sea to the social partners in the maritime sector to negotiate has resulted in the conclusion of collective agreements on vessels registered in the French Southern and Antarctic Territories. It recalls that by ratifying the Convention, the Government undertook to encourage and promote the development and utilization of machinery for voluntary negotiation with a view to the regulation of terms and conditions of employment of seafarers. It requests the Government to supply a copy of any agreement which has been concluded.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to the declarations of application without modification in the French Southern and Antarctic Territory of Conventions Nos. 87 and 98, communicated to the Director-General of the International Labour Office on 13 March 1990, the Committee would be grateful if the Government would provide information in reply to the comments made by the National Federation of Maritime Trade Unions (FNSM) dated 9 July 1986 and 4 September 1987 to the effect that the provisions concerning the registration and manning of vessels in the Southern And Antarctic Territory appear to infringe the above-mentioned Convention (Order of 17 June 1986 repealed and replaced by the Order of 20 March 1987).