Observación (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Tierras australes y antárticas francesas

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.