Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8) - France (Ratification: 1929)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Unemployment indemnity resulting from loss or foundering of the vessel. The Committee notes the publication of the Transport Code in November 2010, especially section L 5546-3, which reproduces the provisions of the Act of 15 February 1929 concerning unemployment indemnity for seafarers in the event of seizure, foundering or declaration of unseaworthiness of the vessel. This section provides that, in the event of foundering or unseaworthiness of the vessel, a seafarer is entitled to an indemnity for the duration of actual unemployment at least equal to the wages payable under the contract, but without the total indemnity exceeding two months’ wages. This compensation has privileged status in the same way as the wages acquired during the last voyage. The Committee notes the Government’s indications that, in view of the age of these provisions, it is planned to modernize them through legislation relating to dismissal (period of notice, compensation) and through possible coverage of the workers concerned by the unemployment insurance scheme in the context of implementation of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee also recalls that Regulation 2.6 of the MLC, 2006, which revises Convention No. 8 and also 36 other international maritime labour instruments, states that seafarers are entitled to adequate compensation not only in the event of unemployment but also in the event of injury or loss arising from the ship’s loss or foundering. The Committee requests the Government to keep the Office informed of any further legislative developments that would have an impact on the application of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide information on any further developments that would have an impact on the application of the Convention, including the number of publicly and privately owned vessels and the number of cases in which indemnities have been paid to seafarers, in accordance with Article 2 of the Convention.

Finally, the Committee reminds the Government that most of the provisions of the Convention have been incorporated into Regulation 2.6, Standard A2.6 and Guideline B2.6 of the MLC, 2006, and that ensuring conformity with Convention No. 8 would therefore facilitate the application of the corresponding provisions of the MLC, 2006. Also recalling the 2007 Decision of the Council of the European Union authorizing Member States to ratify the MLC, 2006, the Committee requests the Government to keep the Office informed of all progress made regarding ratification of the MLC, 2006.