Certification of Ships' Cooks Convention, 1946 (No. 69) - Ukraine (Ratification: 1970)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s reports on Conventions Nos. 23, 69, 92, 108, 133 and 147. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Conventions Nos. 23, 69, 92, 108, 133 and 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed an item on the agenda of the 118th Session (2030) of the International Labour Conference concerning the abrogation of Conventions Nos. 23, 69, 92 and 133; requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound by outdated Conventions, as well as to promote the ratification of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185) among the countries still bound by Convention No. 108. In this regard, the Committee notes with interest the Government’s information that, in the first half of 2021, the Ministry of Infrastructure developed draft laws on the ratification of the MLC, 2006, and on the introduction of amendments to several legislative acts of Ukraine related to the ratification of this Convention. The Committee also notes with interest the Government’s indication that the national procedures for the ratification of Convention No. 185 are well advanced and that, in preparation for the ratification, the Government has submitted to the Office a copy of the draft sample SID. The Committee invites the Government to provide a sample (and not a copy) of the SID in order to allow a proper evaluation of its conformity with the technical requirements of Convention No. 185. The Committee further requests the Government to provide information on any progress made towards the ratification of the MLC, 2006 and Convention No. 185.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3 and 4 of the Convention. Certificate of qualification of ships’ cooks. Further to its previous comments, the Committee notes the Government’s indication that the conditions for obtaining a certificate of qualification as a ship’s cook are regulated in Order of the Inspectorate for Seafarers’ Training and Qualifications, No. 109 of 5 November 2007. According to the Government’s report, candidates for the position of a ship’s cook must: (i) be at least 18 years of age; (ii) pass the necessary specialized training; (iii) be medically fit for work on ships; (iv) have the necessary sea service; and (v) demonstrate their proficiency before the state qualification commission. The Government adds that in order to be considered by the state qualification commission, candidates must submit, among others, a seaman’s book confirming work experience on ships, as provided for in the Order of the Chief Inspectorate No. 185 of 30 October 2009 on the procedure for examining proficiency in the state qualification commission. Furthermore, in accordance with Order of the Ministry of Transport and Communications No. 863 of 10 December 2001, candidates have to undergo a competency assessment in matters such as preparation of various types of dishes, meals for multinational crews, quality of products and storage, baking and safety in the galley. The Committee requests copies of Orders Nos 109 of 2007, 185 of 2009 and 863 of 2001. It also requests the Government to forward copies of Orders Nos 686 of 2004 and 83 of 2001, referred to in the Government’s report.

Article 4(2)(b). Minimum period of service at sea. The Committee notes the Government’s indication that the minimum period of professional experience for cooks of grade 4 is 12 months and for cooks of grade 5 or 6 is 18 months. The Committee understands, however, that only in the case of cooks of grade 5 or 6 a minimum length of service on seagoing vessels is required, whereas no minimum period of service at sea seems to be prescribed for ships’ cooks of a lower grade. The Committee therefore requests the Government to specify how it is given effect to this provision of the Convention in respect of ships’ cooks of grades lower than 5 or 6.

The Committee takes this opportunity to recall that Convention No. 69 has been revised by the Maritime Labour Convention, 2006 (MLC, 2006), and that its main provisions are now incorporated in Regulation 3.2(3), Standard A3.2(3) and (4), and Guideline B3.2.2 of the latter instrument. In this connection, the Committee notes with interest the Government’s indication that the minimum age for ships’ cooks is set at 18 years of age which is in conformity with Standard A3.2(8) of the MLC, 2006. The Committee therefore invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decisions taken in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 3 of the Convention. Requirement of certificate. In its previous comments, the Committee has asked the Government to indicate the specific provisions of national laws or regulations prescribing that no person shall be engaged as ship’s cook on board any seagoing vessel to which this Convention applies, unless this person holds a certificate of qualification as ship’s cook. The Government states that posts of crew members of non-officer ranks may be taken up by persons in possession of the appropriate documents issued in the established manner and confirming their qualifications for the post in question. While noting the specimen of a certificate of qualification as a ship’s cook supplied by the Government, the Committee once again requests the Government to specify the particular provisions in national legislation ensuring that persons can only be engaged as ship’s cooks on board seagoing vessels to which this Convention applies, if they hold a certificate of qualification for this capacity, in conformity with Article 3 of the Convention.

The Government further indicates that the certificates for non-officer ranks on board ships, including ship’s cooks, are issued in accordance with procedures established by the Ministry of Transport and Communications. Please describe these procedures established by the Ministry of Transport and Communications or any other competent authority for granting certificates of qualification as a ship’s cook.

Article 4, paragraph 2(b). Minimum period of service at sea. The Government had previously indicated that the minimum length of service required to obtain a certificate of competency as a ship’s cook of grade 5 or 6 is one and a half years. The Committee asks the Government to clarify whether the totality or at least a part of the minimum length of service of one and a half years is to be served at sea, as required by this provision of the Convention.

In its last comment, the Committee had asked the Government to indicate the minimum period of service at sea which has been prescribed in order to obtain a certificate of a ship’s cook grade lower than grade 5 or 6. In the absence of any reply, it requests the Government once again to indicate the prescribed minimum period of service at sea to obtain a certificate of competency as a ship’s cook of a lower grade than grade 5 or 6.

Part IV of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. It asks the Government to provide further information on the following points.

Article 3 of the Convention. Please indicate specific provisions of national laws or regulations prescribing that no person shall be engaged as ship’s cook on board any seagoing vessels to which this Convention applies unless this person holds a certificate of qualification as ship’s cook.

Article 4, paragraph 2(b). Please indicate the minimum period of service at sea which has been prescribed in order to obtain a certificate of ship’s cook grade lower than grade 5 or 6.

Part IV of the report form. Please indicate whether courts of law or other courts have given decisions involving questions of principle relating to the application of the Convention.

Part VI of the report form. Please indicate the representative organizations of employers and workers to which the reports on the application of the Convention have been communicated in accordance with article 23 of the ILO Constitution.