Chapter V. Shipowners' and seafarers' organisations

227. The role of shipowners' and seafarers' organisations in relation to labour standards is not fully described in Convention No. 147 and Recommendation No. 155 and the instruments appended to them. But what those instruments taken together do do is lay down, first, some general principles and guarantees as to the nature of the organisations and, second, the part they can play in fixing standards (primarily through collective agreements). They also indicate the part the organisations might play in procedures for ensuring the implementation of standards. And together they provide for various ways in which the organisations should be consulted and should participate in the administration of standards-related questions. Most -- but not all -- countries bound by Convention No. 147 have indicated that organisations of shipowners and seafarers are consulted by the competent authorities either on maritime affairs in general or on specific questions arising under maritime labour standards.

I. Nature of the organisations

228. Convention No. 147's requirements in relation to Conventions Nos. 87 and 98 (Endnote 1) are far-reaching: they make it clear that the organisations of shipowners and seafarers referred to in Convention No. 147 must enjoy the independence and freedom and the protections laid down in those two Conventions. This echoes a fear voiced in the PTM Conference that the use of collective agreements as a means of applying labour standards would open the way to "arrangements between company-controlled unions and enterprises which would go against the interests of seafarers". (Endnote 2) A similar fear led in 1946 to use of the term "recognised bona fide trade unions of seafarers", (Endnote 3) which now figures in Convention No. 92. (Endnote 4) If this were not enough, Article 2(c) makes it clear in relation to the control of shipboard conditions of employment and living arrangements in certain circumstances that the organisations which may agree on measures should be constituted in accordance with Conventions No. 87 and 98. (Endnote 5)

229. Another concern, also raised in the 1946 discussion, (Endnote 6) was that it might be difficult to determine which shipowners' organisation was truly representative in any given case: for this reason the term "the organisations of shipowners and/or the shipowners" was preferred then. Convention No. 147 responds to that concern in four different ways: first, in Article 1(4)(c) it provides for consultation of "the most representative organisations of shipowners and seafarers"; (Endnote 7) second, in Article 2(c) it refers to agreement "between shipowners or their organisations and seafarers' organisations"; third, in Article 2(d) it provides for consultation with representative organisations as to engagement procedures only "where appropriate"; and, fourth, in Article 4(3) it refers even more generally to "a professional body, an association, a trade union, or generally any person with an interest in the safety of the ship ...". (Endnote 8) Thus, if only one organisation of either shipowners or seafarers is to be involved (in a general issue) it should be the most representative one; otherwise, in any given case the wording seems sufficiently flexible.

230. Where, as is usually the case, countries bound by Convention No. 147 have organisations made up specifically of shipowners and seafarers, there need be little difficulty in identifying the organisations to be involved for purposes of the Convention. Occasionally it has appeared that no such organisations exist, (Endnote 9) or at least that no separate organisations exist in a non-metropolitan territory to which the Convention has been declared applicable. (Endnote 10) Some other countries have referred to general tripartite consultative machinery for the shipping sector. (Endnote 11)

II. Role of the organisations

(a) Consultations as to policy

231. Consultations are called for as to policy in one general and two specific areas. Generally, under Paragraph 4 of Recommendation No. 155 governments should consult the most representative organisations of shipowners and seafarers when they "take cognisance" of the revisions of instruments (when they come into force, if they are Conventions) listed in the Appendix to Convention No. 147 and the Appendix to Recommendation No. 155 (Endnote 12) More specifically, under Paragraph 5(2) of Recommendation No. 137 (Endnote 13) shipowners' and seafarers' organisations should be consulted in order to establish the operational requirements of the shipping industry, to meet which seafarers' training programmes are to be developed; and under Convention No. 70, Article 10(3), there should be tripartite examination of the effect given to the Convention. (Endnote 14) Some article 19 reports have referred to general tripartite consultations taking place (Endnote 15) or consultations as to new legislation in particular. (Endnote 16)

(b) Consultations as to procedures

232. Article 2(d) of Convention No. 147 says that the engagement and complaints procedures established should be subject to overall supervision by the competent authority "after tripartite consultation amongst that authority and the representative organisations of shipowners and seafarers". (Endnote 17) Under Convention No. 73, Articles 4 and 9, there should be consultations with shipowners' and seafarers' organisations as to the nature of the medical examination and particulars to be included in the certificate, and as to the delegation of the competent authority's functions. (Endnote 18) Under Article 11 of Convention No. 68, training courses for catering department staff should be organised by arrangements acceptable to shipowners' and seafarers' organisations; (Endnote 19) and, similarly, accident prevention courses call for their co-operation under Convention No. 134, Article 8. (Endnote 20) Some governments have indicated that consultations have taken place at least in relation to engagement procedures; (Endnote 21) in other cases such procedures are a joint concern of shipowners and unions (Endnote 22) or subject to tripartite supervision. (Endnote 23)

(c) Consultations as to scope

233. There are provisions for consultations of shipowners' and seafarers' organisations on measures defining, limiting or extending the scope of several instruments: in respect of small vessels (Article 1(4)(c) of Convention No. 147 and Paragraph 1(4)(c) of Recommendation No. 155); (Endnote 24) and under various provisions as to minimum age (Convention No. 138, Articles 3, 4, 6 and 8); (Endnote 25) crew accommodation (Convention No. 92, Article 1(5), Article 10(10), Article 16(5) and similar provisions of Convention No. 133); (Endnote 26) food and catering (Convention No. 68, Article 1(2)); (Endnote 27) and annual leave (Convention No. 91, Article 2(2) and Convention No. 146, Article 2). (Endnote 28) In so far as they fall within Convention No. 147, the Committee has not so far considered details of any consultations taking place under these provisions. It is in the nature of provisions such as these that the decision prior to which consultations should be made is often a fait accompli -- even before the relevant Convention is ratified -- such that the Committee's role in supervising the application of the provisions may be somewhat diminished.

(d) Collective agreements

234. In recalling Recommendation No. 107 in the Preamble to Convention No. 147, the Conference renewed its concern that seafarers often serve on vessels of countries without the benefit of properly negotiated collective agreements ensuring them the protection and standards applicable in "maritime countries where such agreements and standards are traditionally observed". It was therefore logical that collective agreements should continue to be seen as a means of fixing and guaranteeing maritime labour standards. However, it is entirely possible to lay down the minimum standards of Convention No. 147 by legislation, without resort to collective agreements. The potential role of shipowners' and seafarers' organisations in fixing shipboard conditions of employment and living arrangements (Endnote 29) is thus one that has in many countries been realised less by fixing minimum standards in accordance with Article 2(a)(iii) of Convention No. 147 than by improving on the minimum, along the lines advocated by Paragraphs 2(b) and 3 of Recommendation No. 155. That role is supplemented by the provision in Article 2(c) of Convention No. 147, which seems to contemplate shipowners or their organisations and seafarers' organisations agreeing on measures for the "effective control" of whatever shipboard conditions of employment and living arrangements are fixed by collective agreement. (Endnote 30) There is further scope for collective agreements in Conventions which make explicit the general principle (Endnote 31) that agreements may ensure more favourable conditions than the Convention (Convention No. 92, Article 19; (Endnote 32) Convention No. 70, Article 9 (Endnote 33)); or mention collective agreements as a possible method of implementation of at least some provisions (Convention No. 91, Article 10; Convention No. 146, Article 1; (Endnote 34) Convention No. 70, Article 10(1); Convention No. 68, Article 7 (Endnote 35)).

235. Chapter II above shows that several countries bound by Convention No. 147 have stressed the role of collective agreements, for example in fixing certain shipboard conditions of employment and living arrangements. (Endnote 36) In the other areas where collective agreements have a potential role, little or no information is available. Three such countries have said there are no collective agreements there. (Endnote 37) From article 19 reports, it is clear that most countries reserve an important role for collective agreements in relation to maritime labour standards; (Endnote 38) one indicates that collective agreements confer conditions no less favourable than those of shoreworkers (in particular in relation to social security); (Endnote 39) another two confirm that they improve on the legislated minimum standards. (Endnote 40) In a few other countries there are apparently no collective agreements in the maritime sector. (Endnote 41)

(e) Co-operation in administration

236. Convention No. 147 describes the possible role of "a member of the crew, a professional body, an association, a trade union, or generally any person with an interest in the safety of the ship, including an interest in safety or health hazards to its crew" in the specific action of making a complaint as to the standards of a foreign-registered ship: (Endnote 42) this is a function which thus goes beyond shipowners' and seafarers' organisations to the individual seafarer or the seafarer's spouse, dependant or creditor or, presumably, to the shipowner. Other instruments describe more general participation, for example in the management of medical care and sickness benefits (by representatives of persons protected and of employers, under Convention No. 130, Article 31); (Endnote 43) in establishing and implementing occupational accident prevention programmes (Convention No. 134, Article 8); (Endnote 44) in food and catering matters (Convention No. 68, Article 3); (Endnote 45) and in disseminating vocational training information (Recommendation No. 137, Paragraph 7); (Endnote 46) in relation to crew accommodation there should be not only consultation as to the framing of regulations and their adaptation to existing ships but also collaboration in their administration (Articles 3(2)(e) and 18 of Convention No. 92 and similar provisions in Convention No. 133). (Endnote 47)

237. Little information on these matters has been given in governments' reports, and for countries bound by Convention No. 147 the Committee has rarely had occasion to examine relevant questions. Several article 19 reports from other countries have referred to tripartite co-operation, as to, for instance, supervision of the application of legislation (Endnote 48) and particularly in inspection. (Endnote 49) In some other countries, it seems that such co-operation can be ensured when necessary. (Endnote 50)

III. The need for active shipowners' and seafarers' organisations

238. Tripartism in maritime affairs at the international level, at maritime sessions of the International Labour Conference and at Preparatory Technical Maritime Conferences -- in addition to the opportunities for consultation provided by the Joint Maritime Commission -- is a long-established tradition in the ILO. The references to shipowners and seafarers in Convention No. 147 and Recommendation No. 155 and the appended instruments mentioned here do not exhaust the range of opportunities available for tripartite co-operation in relation to maritime labour standards, or indeed for bipartite co-operation and agreement between either shipowners' and seafarers' organisations or individuals on either side. They do nevertheless show that the potential role of tripartism in maritime labour standards at the national level is a significant one. Whilst separate maritime employers' and workers' organisations may not be essential in the Convention No. 147 framework, the existence of some organisations constituted on the principles of Conventions Nos. 87 and 98 and covering the maritime sector is a corollary of the inclusion of those two Conventions in the Appendix to Convention No. 147. In the case of countries bound by Convention No. 147, the Committee in its supervisory work finds it particularly helpful when shipowners' and seafarers' organisations provide information and observations as to questions of application arising. For this reason, the Committee would encourage greater use to be made by governments of the opportunities referred to here for involving shipowners and seafarers, and the opportunities offered to be seized by those organisations at both national and international levels. It hopes that article 22 reporting on Convention No. 147 and related Conventions will contain all available information.

Endnotes

Endnote 2

Endnote 3

Endnote 4

Endnote 5

Endnote 6

Endnote 7

Endnote 8

Endnote 9

Endnote 10

Endnote 11

Endnote 12

Endnote 13

Endnote 14

Endnote 15

Endnote 16

Endnote 17

Endnote 18

Endnote 19

Endnote 20

Endnote 21

Endnote 22

Endnote 23

Endnote 24

Endnote 26

Endnote 27

Endnote 28

Endnote 29

Endnote 30

Endnote 31

Endnote 32

Endnote 33

Endnote 34

Endnote 35

Endnote 36

Endnote 37

Endnote 38

Endnote 39

Endnote 40

Endnote 41

Endnote 42

Endnote 43

Endnote 44

Endnote 45

Endnote 46

Endnote 47

Endnote 48

Endnote 49

Endnote 50

Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35
Conventions: C068 Food and Catering (Ships' Crews) Convention, 1946
Conventions: C069 Certification of Ships' Cooks Convention, 1946
Conventions: C073 Medical Examination (Seafarers) Convention, 1946
Conventions: C087 Freedom of Association and Protection of the Right to Organise Convention, 1948
Conventions: C091 Paid Vacations (Seafarers) Convention Revised), 1949
Conventions: C092 Accommodation of Crews Convention Revised), 1949
Conventions: C098 Right to Organise and Collective Bargaining Convention, 1949
Conventions: C133 Accommodation of Crews (Supplementary Provisions) Convention, 1970
Conventions: C134 Prevention of Accidents (Seafarers) Convention, 1970
Conventions: C138 Minimum Age Convention, 1973
Conventions: C146 Seafarers' Annual Leave with Pay Convention, 1976
Recommendations:R107 Seafarers' Engagement (Foreign Vessels) Recommendation, 1958
Recommendations:R137 Vocational Training (Seafarers) Recommendation, 1970