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

Convention (n° 8) sur les indemnités de chômage (naufrage), 1920 - Sri Lanka (Ratification: 1951)

Article 1(1) of the Convention. Definition of the term “seafarer”. The Committee notes the Government’s statement that the Convention is implemented through the provisions of the Crew Agreement issued under the Merchant Shipping Act No. 52 of 1971 (Cap. 233). It notes, in particular, that paragraph 7 of the Crew Agreement defines the term “seaman” to mean “any Sri Lankan possessing a Continuous Discharge Certificate Book issued by the Shipping Officer of Sri Lanka and who is actually engaged to work on the vessel as a member of the crew”, and the term “officer” to mean a member of the crew, other than the master, who is engaged to work on the vessel. In this connection, the Committee recalls that this Article of the Convention defines the term “seamen” to include “all persons employed on any vessel engaged in maritime navigation”. The Committee is therefore of the view that both of these terms, as defined in the Crew Agreement, are not in full conformity with the Convention, and that the indemnity provided for under the national legislation should be available also to non-Sri Lankan seafarers employed on Sri Lankan-registered vessels and to all crew members employed on board vessels regardless of their position or grade, thus including masters. The Committee accordingly requests the Government to take the necessary steps to extend the coverage of the pay compensation provided for in paragraph 2(o)(ii) of the Crew Agreement in line with the requirements of the Convention.

Article 2. Payment of unemployment indemnity. The Committee notes section 19(2)(b) of the Merchant Shipping (Engagements and Conditions of Service of Seamen) Regulations of 1974, which provides that the seafarer is not entitled to the unemployment indemnity if the seafarer fails, through negligence, to apply to the proper authority for relief as a distressed or destitute seafarer. As such a condition is not authorized or contemplated by the Convention, the Committee asks the Government to take measures in order to remove the above limitation on the seafarer’s entitlement to unemployment indemnity in case of wreck or loss of a ship. It also requests the Government to clarify whether the Regulations are still in effect, and, if so, to provide a copy of the Regulations in their current reading.

Part V of the report form. Practical application. The Government is requested to provide relevant information on the application of the Convention in practice, including, for instance, the number of seafarers covered by the relevant legislation, copies of relevant collective agreements, copies of official publications such as activity reports of the Merchant Shipping Division of the Ministry of Ports and Aviation, the number of any maritime casualties during the reporting period involving Sri Lankan-registered vessels and the payment of indemnities to the seafarers concerned.

Finally, the Committee recalls that the main provisions of the Convention are now reflected in Regulation 2.6 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), which requires the payment of compensation in the event of the ship’s loss or foundering not only for the resulting unemployment but also for injury or loss. The Committee considers, therefore, that compliance with Convention No. 8 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.