Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 180) sur la durée du travail des gens de mer et les effectifs des navires, 1996 - France (Ratification: 2004)

Article 5(1)(a) and (6) of the Convention. Maximum hours of work. The Committee takes note that section 4 of Decree No. 2005-305 of 31 March 2005 on the working time of seafarers allows for the calculation of average daily hours of work during a cycle not exceeding six weeks, and that such average may reach a maximum of 14 hours in the application of an agreement or a collective agreement, as long as these arrangements offer adequate compensation in the form of longer periods of leave, for grouping of leave or the granting of additional rest. The Committee requests the Government to provide information on the agreements or collective agreements in force allowing for the increase up to 14 hours of the average daily duration of work and to indicate whether such agreements or collective agreements fix an absolute limit on the daily hours of work and if they provide for the grant of compensatory rest for the seafarers concerned. Moreover, the Committee notes that section L5544-4 of the Transport Code provides that, in the case of seafarers, a decree has to determine the manner in which the provisions of the Labour Code may be derogated. The Committee requests the Government to indicate whether such a Decree has been issued and, if so, to provide a copy. The Committee also notes that section L5544-5 of the Transport Code allows for, in order to accommodate the various constraints of maritime activities, the derogation from the provisions of the Decree referred to in section L5544-4 concerning working-time arrangements and distribution, by way of agreements and extended collective agreements at the enterprise or institutional level. The Committee requests the Government to indicate whether such derogations have been established following one of the modalities provided for in section L5544-5 of the Transport Code and, if so, to provide a copy of the relevant texts. Finally, the Committee notes that, under section L5544-12 of the Transport Code, in the case of port activities, the nature of which does not allow for the accurate fixing of working time and the allocation of hours of work, the organization and allocation of hours of work is to be determined by agreement or collective agreement. The Committee requests the Government to provide full particulars on these port activities and the agreements or collective agreements concluded in application of this section.

Master. The Committee notes that section L5544-33 of the Transport Code provides that the application modalities of various provisions of that Code to the master are to be determined by way of regulation. The Committee requests the Government to provide a copy of the relevant regulations and to indicate which legal regime is applicable to the master in regard to working hours.

Maritime fishing. The Committee notes that section L5544-6 of the Transport Code provides that, on board fishing vessels, hours of work may be fixed in number of days at sea by national occupational agreement or by an extended sectoral agreement. The Committee takes note of the agreement of 28 March 2011 applicable to artisanal fishing which provides, in particular, that in order to respect the activities and seasonality of each fishery and port, the determination of working time of share fishermen has to be comprehended over a period corresponding to the calendar year and expressed in number of days at sea. The Committee also notes that, under section 8 of that agreement, each day at sea includes a ten-hour long effective rest period, six of which are consecutive hours per 24 hours of work. The Committee also notes that such agreement includes provisions on the reduction of hours of work in the artisanal fishing sector. The Committee requests the Government to indicate whether it envisages taking measures in order to bring the limits applicable to workers of the artisanal fishing sector closer to those applicable in the merchant marine. The Government is also requested to provide a copy of the agreement of 28 February 2001 applicable to deep sea fishing, to which it referred in its report.

Article 5(2) and (6). Division of hours of rest. The Committee takes note that, under section 11 of Decree No. 2005-305, on board passenger ships a collective agreement, an industrial agreement or an enterprise agreement may provide that daily rest may, under the master’s authority, be divided into more than two periods, within a maximum limit of six periods, per 24 hours of work period. In such a case, at least one of those periods will be of a maximum duration of six consecutive hours; another period will be of at least two hours, while the others will be of at least one hour. The Committee requests the Government to provide more information on the granting of such exemptions – whose impact on the seafarer’s rest is not negligible, especially if such rest is divided into six periods – in particular if they are accompanied by measures to limit the risks of fatigue, such as compensatory rest granted to these fishers.

Article 5(4). On call. The Committee notes that, under section L5544-3 of the Transport Code, certain provisions of the Labour Code regarding on-call periods are applicable to fishers under the conditions determined by way of regulation. The Committee requests the Government to indicate which regulations have been approved on the basis of that section.

Article 6. Night work of young seafarers. The Committee notes that section L5544-27 of the Transport Code prohibits night work for young seafarers, unless excepted by the labour inspector, following the conditions fixed by decree and preceded by consultations with the Council of State. The Committee requests the Government to indicate whether those conditions have been fixed and, if so, to provide a copy of the relevant decree. Moreover, the Committee notes that night work is prohibited in any case between 8 p.m. and 6 a.m. to young seafarers in training below 15 years of age. The Committee requests the Government to refer to its comments with regard to Article 12 of the Convention, which prohibits the work on ships of persons under 16 years of age.

Article 8(3). Obligation to keep on board a copy of the relevant provisions of national law and collective agreements. The Committee notes that under section 17(b) of Decree No. 2005-305, the roster posted on the premises reserved for the crew must contain for every position the maximum number of hours of work or minimum hours of rest as prescribed by law, regulation or applicable collective agreement. It also notes that the Order of 24 November 2010 amending the Order of 23 November 1987 on the safety of ships provides for, among others, a model roster showing the organization of work on board, which expressly refers to the Convention. It notes, however, that this schedule contains only an indication of the maximum hours of work or minimum hours of rest under the applicable legislation. The Committee requests the Government to indicate whether other provisions include the obligation to keep on board a copy of the relevant national legislation and collective agreements, as required by this Article of the Convention.

Article 12. Minimum age. The Committee notes that section 115 of the Maritime Labour Code, which prohibits in principle engagement on board a ship in a professional capacity of young persons under 16 years of age, was repealed by Ordinance No. 2010-1307 of 28 October 2010 concerning the legislative part of the Transport Code. The Committee requests the Government to indicate the legal provisions currently in force giving effect to this Article of the Convention, which provides that no person under 16 years of age must work on a ship. The Committee recalls in this connection that Regulation 1.1 and Standard A1.1 of the Maritime Labour Convention, 2006 (MLC, 2006), which revises the present Convention, also fixes the minimum age for maritime work at 16 years of age.

Article 15(b) and (c). Inspections and complaints. With regard to the inspection of ships flying the French flag, the Committee requests the Government to refer to its comments under the Labour Inspection (Seafarers) Convention, 1996 (No. 178). In addition, the Committee notes the Government’s indication that a circular for the inspectors in charge of approving the ship rosters and of certifying records of daily hours of work or rest of seafarers will be soon published. The Committee requests the Government to provide a copy of the circular once it is published. With regard to inspections conducted under port State control, the Committee notes that section 150-3 of the Decree of 23 November 1987 on ship safety, which specifically provides for the enforcement of provisions on hours of work of seafarers, is not applicable to fishing vessels. The Committee requests the Government to indicate whether other legal provisions require the intervention of the French authorities in the framework of port State control in order to monitor compliance with applicable provisions on hours of work on board fishing vessels.

Part V of the report form. Practical application. The Committee requests the Government to provide general appreciation on how the Convention is applied in practice, including copies of reports of maritime labour inspection services, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of contraventions identified and measures taken to rectify it.

Finally, the Committee requests the Government to keep the Office informed of any developments relating to the ratification and implementation of the MLC, 2006, in the light of the 2007 Council of the European Union decision authorizing the Member States of the European Union to ratify it.