Maritime Labour Convention, 2006 (MLC, 2006) - Slovakia (Ratification: 2018)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified two Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006 for Slovakia. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2018 entered into force for Slovakia on 18 January 2017 and on 26 December 2020 respectively. It also notes that a declaration of acceptance of the 2016 amendments to the Code has not been received and therefore Slovakia is not bound by these amendments. The Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by Slovakia during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through Act No. 435/2000 on Maritime Navigation, which was adopted prior to the ratification of the MLC, 2006, and amended by Act 152/2014. The Committee notes that the amendments introduced some requirements of the Convention, but that several of its provisions have not been given effect to. The Committee recalls that, in conformity with Article I of the Convention, each Member which ratifies it undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt the necessary measures to implement the Convention, taking into account the matters raised below. Noting the absence of statistical data, the Committee requests the Government to provide information regarding: (a) the number of seafarers who are working on national flag ships; (b) the number of seafarers who are nationals or residents or otherwise domiciled in the territory, and (c) the number of ships flying the Slovakian flag and the relevant gross tonnage.

Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that it is not clear from the definition of the term "crew" under section 23 of Act No. 325/2000 Coll. on Maritime Navigation, whether persons working on board ship, who are not involved in maritime activities, such as catering personnel, are considered as seafarers. Furthermore, section 62 of the same Act provides that the labour relations of members of the crew that are foreign nationals are not covered by the Labour Code but by the clauses of their contract of employment. The Committee recalls that the Convention applies to persons working "in any capacity" on board every seagoing ship whether publicly or privately owned, which is registered in Slovakia and which is ordinarily engaged in commercial activities. The Committee requests the Government to explain whether the term "crew" also includes persons working on board ship, who are not involved in maritime duties, such as catering personnel. The Committee also requests the Government to indicate how it ensures that seafarers who do not have Slovak nationality enjoy equal treatment as Slovak nationals for the purpose of this Convention.

Article VII. Consultations. The Committee notes that the Government has not provided information on whether there are any active seafarers’ and shipowners’ organizations in Slovakia and whether consultations on issues related to the implementation of the Convention have taken place. The Committee recalls that under Article VII, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. The Committee requests the Government to indicate whether organizations – or branches thereof – representing seafarers and shipowners are established. If this is not the case, the Committee invites the Government to have recourse to the Special Tripartite Committee until seafarers’ and shipowners’ organizations are established in the country.

Regulation 2.1 and Standard A2.1, paragraphs 1(d) and 2. Seafarers’ employment agreement. Documents available on board. The Committee notes the Government’s indication that section 20, paragraph 1(bm) of Act No. 325/2000 Coll. on Maritime Navigation provides that “other certificates and documents prescribed by international treaties” shall be kept on a seagoing ship. The Committee notes however that these provisions do not explicitly reflect the requirements provided under Standard A2.1, paragraph 1(d)) and Standard A2.1, paragraph 2. The Committee therefore requests the Government to indicate how it gives effect to this requirements to ensure that (i) copies of seafarers’ employment agreements (SEA) are accessible on board to seafarers, including the ships’ master, and that they can also be accessed by officers of a competent authority at an inspection during a stopover; (ii) in the case in which a collective bargaining agreement forms all or part of a seafarer’s employment agreement (SEA),a copy of the collective bargaining agreement is available on board and a copy of a standard form of the agreement and the portions of a collective bargaining agreement that are subject to port state inspection under Regulation 5.2 are available in English.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the following particulars listed under Standard A2.1, paragraph 4, of the Convention are not included or are only partially included in the SEA’s requirements provided for under Act No. 311/2001 Coll. Labour Code and Act No. 435/2000 Coll. on Maritime Navigation: (a) the seafarer’s full name and date of birth or age; (c) the place where the seafarer’s employment agreement is entered into; and (g) the termination of the agreement and the conditions thereof, including: (i) if the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the seafarer; (ii) if the agreement has been made for a definite period, the date fixed for its expiry; and (iii) if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged. While noting the Government’s indication that these provisions of the Convention are directly applicable at the national level, the Committee recalls that Standard A2.1, paragraph 4 requires each Member to adopt laws and regulations specifying the matters that are to be included in all SEAs governed by its national law. TheCommittee requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4, of the Convention and to provide a sample of a seafarer’s employment agreement.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes the Government’s reference to sections 62 and 63 of Act No. 311/2001 Coll. Labour Code related to termination of employment agreements. Noting that a notice period shorter than the minimum is not foreseen unless both the employee and employer agree, in accordance with section 60 of Act No. 311/2001 Coll. Labour Code, on the termination of the employment relationship which shall terminate upon the agreed day, the Committee recalls that each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account (Standard A2.1, paragraph 6). The Committee requests the Government to indicate the measures taken or contemplated to give effect to this requirement of the Convention.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that section 44, paragraph 5 of Act No. 435/2000 Coll. on Maritime Navigation provides that the minimum hours of rest need not be observed in an emergency or during other extraordinary operating conditions. While observing that section 44(6) of the same Act provides that the seagoing ship master is obliged, while the seagoing ship is in port, to enable a crew member to have a reasonably longer period of rest by adjusting the distribution of hours of work and providing individual crew members upon request with compensatory time-off for overtime work and work on holidays, the Committee observes that this provision does not ensure that compensatory rest is granted to seafarers as soon as practicable once the normal situation has been restored. Recalling that pursuant to Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest, the Committee requests the Government to indicate the measures taken or envisaged to ensure the application of this requirement of the Convention.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that section 43 of Act No. 435/2000 Coll. on Maritime Navigation refers to the notion “visit to the land”. However, the Committee observes that there is no indication as to what this notion entails and whether seafarers are entitled to shore leave. Recalling that, in accordance with Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2 (a). Repatriation. Circumstances. The Committee notes the Government’s indication that sections 42 and 48 of Act No. 435/2000 Coll. on Maritime Navigation provides that seafarers have the right to repatriation in the circumstances provided for by Standard A2.5.1, paragraph 1 of the Convention. The Committee notes however that, it is not clear if seafarers have the right to repatriation when the SEA is terminated by the seafarer for justified reasons. The Committee requests the Government to indicate how it ensures that seafarers are entitled to repatriation in the circumstances foreseen in Standard A2.5.1, paragraph 1(b)(ii).

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. While noting the Government’s indication that section 48, paragraph 1(d) of Act No. 435/2000 Coll. on Maritime Navigation provides that a crewmember shall have right to repatriation after the expiry of the agreed sea service term, the Committee observes that this provision does not mention the maximum period of service on board a ship following which a seafarer is entitled to repatriation, as required by paragraph 2(b) of this Standard. The Committee therefore requests the Government to indicate the provisions setting a maximum period of service on board a ship as required by Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that the provisions of Act No. 435/2000 Coll. on Maritime Navigation do not seem to prescribe the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destination of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners(Standard A2.5.1, paragraph 2(c)).With regard to the place of repatriation, the Committee notes that the provisions of Act No. 435/2000 Coll. on Maritime Navigation refer to “the destination point as given in employment contract or agreed otherwise”, without specifying the countries or places to which they may be repatriated. The Committee requests the Government to provide information on: (i) the precise entitlements to be accorded by shipowners for repatriation (Standard A2.5.1, paragraph 2(c)); and (ii) how it has given due consideration to Guideline B2.5.1, paragraphs 6 and 7.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that section 48, paragraph 2 of Act No. 435/2000 Coll. on Maritime Navigation provides that the seagoing ship owner shall pay for repatriation costs except in case of suspension a crew member from the service at sea or if a crew member is suspicious of having committed a criminal offence as provided for under section 48, paragraph 1(h). The Committee observes that section 47 of the same Act prescribes the circumstances of serious or repeated breach of duties or working discipline under which a seagoing ship master may suspend a crewmember from the service on a seagoing ship and the procedure to follow. With regard to the possibility to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned on the seafarer being found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. Noting that section 48, paragraphs 1(h) and (2) of Act No. 435/2000 Coll. on Maritime Navigation of the Maritime Code refers to a seafarer being “suspicious of having committed a criminal offence”, the Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations” pursuant to Standard A2.5.1, paragraph 3 of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security.The Committee notes the Government’s indication that the provisions of the Convention are directly applicable at the national level by virtue of Article 7 of the Constitution. The Committee however observes that, while the Government refers to guarantee insurance in the event of the employer’s insolvency to satisfy the employee’s wage entitlements and to pay old-age pension savings contributions, it has not indicated the kind of financial security that must be provided by ships flying its flag to cover the right of repatriation, in application of Regulation 2.5, paragraph 2, nor has it indicated the establishment of a system of financial security for abandonment cases that are not associated with insolvency. The Committee requests the Government to indicate: (i) how effect is being given to the requirement that ships that fly its flag provide financial security to ensure that seafarers are duly repatriated in accordance withRegulation 2.5, paragraph 2; and (ii) the circumstances under which a seafarer is considered abandoned according to national legislation and whether it has established a financial security system to assist seafarers in all the circumstances provided for under Standard A2.5.2, paragraph 2. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels.The Committee notes the Government’s indication that section 49 of Act No. 435/2000 Coll. on Maritime Navigation provides that the seagoing ship owner shall ensure that the seagoing ship is supplied with water and food in quantities corresponding to the number of people aboard the seagoing ship, the duration and the nature of the voyage. The Committee however observes that the Government has not indicated how, when determining manning levels, the competent authority shall in particular take into account the requirements ofStandard A3.2of the Convention related to the need to have a fully qualified cook or a person trained in the area of food, as well as adequately trained catering staff. The Committee further notes that the Government has notprovided a copy of the minimum safe manning document, or an equivalent, issued by the competent authority. The Committee accordingly requests the Government to indicate the manner in which it gives effect to this provision of the Convention. It further requests the Government to provide a copy of a typical example of a safe manning document or equivalent.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the provisions of section 49(1)(b) of Act No. 435/2000 Coll. on Maritime Navigation and other Acts to which the Government refers provide for accommodation and recreational facilities on board in general terms without giving effect to the detailed requirements of Regulation 3.1 and the Code. The Committee further notes that, with regard to the implementation of Regulation 3.1 and the Code, the Government indicates that the provisions of the Convention are directly applicable in its country. The Committee recalls that Standard A3.1 calls on Members to adopt laws and regulations in order to ensure that ships flying its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to Regulation 3.1 and the Code.

Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital accommodation. The Committee notes the Government’s indication that section 3 of Ordinance No. 488/2004 Coll. provides that a seagoing ship with 500 GT and above, with 15 or more crew members, if the voyage time exceeds three days, shall have a dedicated space in which medical care is provided under satisfactory material and sanitary conditions. Noting that hospital accommodation is required only for vessels with a gross tonnage of 500 or more, the Committee recalls that Standard A3.1, paragraph 12, does not contain such limitation. Recalling that the obligation to provide separate hospital accommodation applies to all vessels carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration, the Committee accordingly requests the Government to indicate the measures taken to give full effect to Standard A3.1, paragraph 12.

Regulation 3.2 and Standard A3.2, paragraph 2 (a). Food and Catering. Religious and cultural practices. The Committee notes that section 49 of Act No. 435/2000 Coll. on Maritime Navigation requires that ships are supplied with water and foodstuffs in quantities corresponding to the number of people aboard the seagoing ship, the duration and the nature of the voyage, and that section 152 of Act No. 311/2001 Coll. Labour Code stipulates that the employer must provide catering compliant with the principles of good nutrition for employees in all shifts directly at the workplaces or in their vicinity. However, the Committee notes that these provisions do not seem to mention the obligation to take into account the differing cultural and religious background of seafarers, as required by Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a) of the Convention. The Committee requests the Government to provide information as to how differing cultural and religious backgrounds of seafarers are taken into account regarding food and catering on board.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes the Government’s indication that section 41(11) of Act No. 435/2000 Coll. on Maritime Navigation provides that the Ministry may, in justified cases, grant an exemption allowing to employ as a crew member a person who does not hold a professional competence certificate corresponding to the given rank, but is a holder of a professional competence certificate of an immediately lower degree. Section 41(12) of the same Act further stipulates that an exemption from demonstrating the professional competence shall be granted by the Ministry specifically for the designated person, the designated ship and for a period not exceeding six months. The Committee requests the Government to indicate whether exemptions referred to under section 41 of Act No. 435/2000 Coll. on Maritime Navigation are limited to circumstances of exceptional necessity and only concern ships with a prescribed manning of less than ten (Standard A3.2, paragraphs 5 and 6).

Regulation 4.1 and the Code. Medical care on board and ashore.Recalling that each Member shall ensure that medical care and health protection services, including essential dental care, while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers, the Committee requests the Government to indicate how it gives effect to Regulation 4.1, paragraph 2 and Standard A4.1, paragraph 1(d). In light of section 62 of Act No. 435/2000 Coll. on Maritime Navigation, which provides that foreign national’s relationships are governed by provisions of their contract of employment, the Committee also requests the Government to indicate how it ensures that health care is provided to all seafarers regardless of their nationality.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that section 36(3) of Act No. 435/2000 Coll. on Maritime Navigation provides that the seagoing ship owner shall be liable for damage caused to the seagoing ship master and to the crew members, when such damage was incurred in the discharge of occupational duties or directly in connection with them, in accordance with special regulations. The Committee further observes that the Government refers to the provisions of section 195 of Act No. 461/2003 Coll. on Social Insurance, which provides that accountability for damage to health or death by way of an accident (occupational accident) sustained by an employee, in the discharge of occupational tasks or in direct relation to such tasks, shall lie with the employer with whom he/she was in an employment relationship at the time of the accident. Section 2 of the same Act provides that Social insurance means accident insurance against damage to health or death due to an accident at work, an accident at service and an occupational disease. The Committee notes that although these provisions implement some of the requirements of Standard A4.2.1, the different situations and rights provided for in the Convention do not seem to have been incorporated into national legislation. The Committee requests the Government to: (i) clarify if long-term disability of seafarers due to an occupational injury, illness or hazard, as per requirements of Standard A4.2.1, paragraph 1(b), is also covered by such insurance; (ii) specify if shipowners are liable to bear the costs for seafarers in case of non-employment related sickness occurring when seafarers are serving under a seafarer’s employment agreement or arising from their employment under such agreement; (iii) indicate how it ensures that shipowners are liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character; and (iv) indicate whether wages are to be paid to the seafarer during the periods specified in accordance with Standard A4.2.1, paragraph 3.

Regulation 4.2 and Standard A4.2.1, paragraph 5. Shipowners’ liability. Possible exclusion. The Committee notes that section 196 of Act No. 311/2001 Coll. Labour Code prescribes the circumstances under which a shipowner is fully or partly released from liability to cover the costs of occupational accidents. The Committee observes that it is not clear from these provisions if such exclusion of liability is strictly limited to circumstances due to the “wilful misconduct” of the seafarer. The Committee requests the Government to indicate how it gives effect to Standard A4.2.1, paragraph 5(b)..

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that section 31 of Act No. 435/2000 Coll. on Maritime Navigation and section 10 of the Decree of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic refer to the return of the property of the seafarer to his/her next of kin in the event of death. However, there is no reference to the safeguard of the seafarer’s property in the event of injury or sickness. The Committee requests the Government to take the necessary measures to ensure conformity with this provision of the Convention.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee notes that the Government refers to its social insurance scheme and pension scheme to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. However, the Government has not indicated how shipowners shall provide evidence of financial security and whether the certificate or other documentary evidence of financial security issued by a financial security provider shall be posted in a conspicuous place on board and easily available to the seafarers. The Committee requests the Government to reply to the questions included in the report form, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention.The Committee notes that the Government refers toAct No. 124/2006 Coll. on Occupational Safety and Health Protection and on Amendments and Supplements to Certain Acts, as amended, which is of a general nature and does not address all the specificities of work on board ships. The Committee has not identified information on the national guidelines for the management of occupational safety and health (OSH) on board ships that fly its flag, nor on OSH policies and programmes (Regulation 4.3, paragraph 2, and Standard A4.3, paragraph 1(a)). It also notes that since the Government did not provide an example of an approved DMLC Part II outlining a shipowner’s practices or on board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases, it is not possible to assess compliance with the requirements set in Standard A4.3, paragraphs 1(c), 2(b) and 8 (on board programmes, obligations of shipowners, seafarers and others in relation to OSH; risk evaluation). The Committee requests the Government to indicate whether the national guidelines required under Regulation 4.3, paragraph 2, have been adopted and if so, if consultations with the representative shipowners’ and seafarers’ organizations have taken place. The Committee further requests the Government to indicate how it gives effect to Standard A4.3, paragraphs 1(a), 1(c), 2(b) and 8. The Committee further recalls that, in accordance with Standard A4.3, paragraph 2(d), a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. Noting that existing legislation does not comply with this requirement, the Committee requests the Government to indicate the measures taken to that end.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification of the Convention, Slovakia declared that the branches for which it provides social security protection to seafarers in accordance with Standard A4.5, paragraphs 2 and 10, are sickness benefit; old-age benefit; invalidity benefit; employment injury benefit and unemployment benefit. The Committee notes that the social security system in the country is mainly regulated by the following Laws: Act No. 461/2003 Coll. on social insurance, Act No. 462/2003 Coll. on compensation of wages in case of temporary work incapacity,Act No. 43/2004 Coll. on the Old-age Pension Scheme and on Amendments and Supplements to Certain Acts, as amended, and Act No. 650/2004 Coll. on the Supplementary Pension Scheme and on Amendments and Supplements to Certain Acts, as amended. The Committee notes that, as a European Union member State, Regulation (EC) 883/2004 on the coordination of social security systems applies to Slovakia. In addition, the Government indicates that bilateral agreements on social security have been signed with 25 countries. In light of this information, the Committee requests the Government to provide clarifications regarding whether, and to what extent, the social security legislation is applicable to all seafarers, national and foreign, ordinarily resident in the Slovakian territory as required by Standard A4.5 of the Convention. The Committee further requests the Government to clarify whether seafarers ordinarily resident in Slovakia who work on ships flying a foreign flag – especially flying the flag of non-EU countries – are granted social security benefits under the Slovakian social security system, which are no less favourable than those enjoyed by shoreworkers resident in the Slovakian territory.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes that, while Slovakia has a ship inspection and certification system in place which is operating on the basis of Act No. 325/2000 Coll. on Maritime Navigation, the Government has not adopted any laws or regulations implementing the detailed provisions with respect to the Maritime Labour Certificate and DMLC. Moreover, the Government has not provided a copy of the maritime labour certificate, nor a copy of the DMLC, Part I, identifying the national requirements embodying the relevant national legal provisions as well as, to the extent necessary, concise information on the main content of the national requirements, nor examples of DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement. The Committee notes the Government’s indication that these provisions of the Convention are directly applicable. While noting this information, the Committee requests the Government to indicate how it ensures that these provisions are given effect in practice and to submit the documents referenced above with its next report for examination to assess the correct implementation of the Convention.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the Government refers to various national provisions of a general nature prescribing the scope and procedures of labour and public health inspections which apply to the maritime sector. In the absence of information as to how these provisions are implemented in practice, the Committee requests the Government to provide: a sample of the annual reports on the inspection activities published in conformity with Standard A5.1.4, paragraph 13; the model document setting out the tasks and competences of the inspectors transmitted to the persons concerned or signed by them (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8); a sample of the national guidelines issued to inspectors in accordance with Standard A5.1.4, paragraph 7; a sample of the model used by inspectors to draw up their reports (Standard A5.1.4, paragraph 12); a sample of any document to inform seafarers and other interested parties of the procedures enabling them to file a complaint (in full confidentiality) regarding a violation of the requirements of the Convention (including the rights of seafarers) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes that the Government refers to provisions of Act No. 435/2000 Coll. on Maritime Navigation and Act No. 311/2001 Coll., the Labour Code, as implementing the requirements of on-board complaint procedures. However, the Committee recalls that Standard A5.1.5 requires Members to adopt on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the Convention. The Committee therefore requests the Government to provide information on the on-board procedures adopted in order to give effect to the requirements of Standard A5.1.5.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide a copy of the following documents: an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a SEA (Standard A2.1, paragraph 2(a)); the approved standardized table for shipboard working arrangements (Standard A2.3, paragraph 10); the standard form for recording daily hours of work/rest (Standard A2.3, paragraph 12); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC) outlining shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); the relevant national guidelines regarding health and safety protection and accident prevention (Regulation 4.3, paragraph 2); the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for Slovakia’s inspection and certification system, including the procedures for its assessment; information on the budgetary allocation during the period covered by this report for the administration of Slovakia’s inspection and certification system and the total income received during the same period on account of inspection and certification services; the following statistical information: number of ships flying Slovakia’s flag that were inspected during the period covered by this report for compliance with the requirements of the Convention; number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections during the period covered by this report; number of full-term (up to five years) maritime labour certificates currently in force; and number of interim certificates issued (Standard A5.1.3, paragraph 5).

Statistical information.Noting that some required statistical information has not been provided in the report, the Committee requests the Government to provide detailed information regarding: (a) the number of seafarers who are working on national flag ships; (b) the number of seafarers who are nationals or residents or otherwise domiciled in the territory; (c) the number of foreign seafarers who are working on Slovakian flag ships; and (d) the number of seafarers employed in the different types of ships based on the gross tonnage of the ships.