Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Terres australes et antarctiques françaises

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.