Keywords foreign, INTERNATIONAL agreement, MULTILATERAL agreement, approval, RATIFICATION, CONVENTION, organization International Labour, ILO, sailors, sea, PORT, marine, recruitment, PLACEMENT, ship NAVIGATION, Protocol, OBSERVATION, ship merchant JORF n ° 0116 may 20, 2005 page 8753 text no. 40 Decree No. 2005-511 of 11 May 2005 on the publication of convention no. 179 of the international organization of labour concerning the recruitment and placement of seafarers adopted at Geneva on 22 October 1996 (1) NOR: MAEJ0530017D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/MAEJ0530017D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2005/5/11/2005-511/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs, having regard to articles 52 to 55 of the Constitution;
Pursuant to law No. 2004-146 of February 16, 2004, authorizing the ratification of the conventions of the international organization of labour no. 163 concerning the welfare of seafarers at sea and in ports, no. 164 concerning the protection of the health and medical care of seafarers, no. 166 concerning the repatriation of seamen, no. 178 concerning the inspection of conditions of work and life of seafarers No. 179 concerning the recruitment and placement of seafarers, no. 180 concerning the duration of the work of seafarers and the manning of ships, no. 185 concerning the identification of seafarers (revised) and of the Protocol to convention no. 147 concerning minimum standards to be observed on merchant ships;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and the publication of the international commitments entered into by the France, enacts as follows: Article 1 the convention no. 179 of the international organization of work concerning the recruitment and placement of seafarers, adopted in Geneva on 22 October 1996, will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Foreign Minister are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Annex C O N V E N T I O N N ° 179 of the Organization International of work concerning the recruitment and the PLACEMENT of the sailors, adopted in Geneva on 22 October 1996 General Conference of the International Labour Organization convened at Geneva by the governing body of the international labour office, and having met on 8 October 1996 , at its eighty-fourth session;
Noting the provisions of the convention on the contract of employment of seamen, 1926; of the convention on freedom of Association and protection of the right to organize, 1948; of the convention and the recommendation on the service of employment, 1948; of the convention on the right to organise and collective bargaining Convention, 1949; the recommendation on the commitment of the people of (foreign vessels), 1958; of the convention on discrimination (employment and occupation), 1958; the recommendation on the employment of seafarers (technical developments), 1970; of the convention on the minimum age, 1973; of the convention and the recommendation on the continuity of employment (Seafarers), 1976; of the convention on the Merchant Shipping (minimum standards), 1976; of the convention on the repatriation of seafarers (revised), 1987, and the convention on the inspection of labour (Seafarers), 1996;
Recalling the entry into force on 16 November 1994, of the Convention of the United Nations on the law of the sea, 1982;
After deciding to adopt various proposals for the revision of the placing of seamen, 1920 convention, which is the third item in the agenda of the session;
Having determined that these proposals shall take the form of an international convention, adopts, this twenty-second day of October one thousand nine hundred and ninety-six, the following convention, which will be referred to as Convention on the recruitment and placement of seafarers, 1996.
Article 1 1. For the purposes of this convention: a) the term "competent authority" means the Minister, the designated officer, Government Department or other authority empowered to issue regulations, orders or other instructions having the force compulsory recruitment and placement of seafarers;
(b) the term "recruitment and placement service" means any person, company, institution, agency or other organization, the public sector or private exercising of activities related to the recruitment of seafarers on behalf of employers or placing seafarers with employers;
(c) the term "shipowner" means the owner of the ship or any other organisation or person such as the Manager, agent or bareboat charterer, in which who has assumed the responsibility for operation of the ship and who, on assuming such responsibility, has agreed to take over all duties and obligations;
(d) the term "seafarer" means any person eligible to be employed or engaged in any capacity whatsoever, aboard any seagoing ship other than a ship of State assigned to military purposes or activities non-commercial.
2. to the extent it deems practicable, after consultation with the representative organizations, as appropriate, shipowners fishing and fishermen or owners of maritime mobile offshore units from the sides and seafarers employed on these units, the competent authority may apply the provisions of the convention to fishermen or to seafarers employed on mobile marine units to off the coast.
Article 2 1. Nothing in the provisions of the present convention is supposed to: has) affect the ability of any member to provide a public service free recruitment and placement of seafarers as part of a policy to meet the needs of seafarers and shipowners, that this service is part of the public service of employment open to all workers and employers, or whether it in coordination with the latter;
b) impose on a member the obligation to establish a system of private recruitment and placement services.
2. where private recruitment and placement services have been established or need to be, they will not exercise their activity on the territory of a member only by virtue of an accreditation system of licence or another form of regulation. Such a system should be established, maintained, modified or changed only after consultation with the representative organizations of shipowners and seafarers. The proliferation of these private recruitment and placement services shall not be encouraged.
3. nothing in the provisions of the present convention shall affect, with regard to the recruitment and placement of seafarers, the right of a member to apply its legislation to ships that fly its flag.
Article 3 nothing in the provisions of this convention shall not affect in any way the right of seafarers to the of the fundamental human rights, including trade union rights.
Article 4 1. Each Member shall, by means of national legislation or applicable regulation: has) ensure that no fees or other charges for recruitment or employment of seafarers are, directly or indirectly, in whole or in part, to the load; to this end, the costs to national compulsory medical examinations, certificates, a personal travel document and the national professional booklet will not be considered as "fees or other charges for recruitment '.
(b) decide whether and under which conditions recruitment and placement services may place or recruit seafarers abroad;
c) specify, with due account of due respect to privacy and the need to protect confidentiality, the conditions under which the personal information of seafarers may be treated by the recruitment and placement services, including for the purposes of collection, conservation, overlap or communication to third parties;
(d) establish the conditions under which the licence, approval or other authorization may be suspended or withdrawn in case of violation of relevant legislation;
(e) in the case of a regulatory system other than a system of licence or approval, specify the conditions under which recruitment and placement services may exercise their activity, as well as the penalties for violation of these terms.
(2 each Member shall make sure that the competent authority: has) closely supervises all services recruitment and placement;
(b) does not grant or renews the licence, approval or other authorization only after verifying if the recruitment and placement service concerned fulfil the conditions laid down by national legislation;
(c) ensure that the management and staff of recruitment and placement of seafarers services are properly trained people and adequate knowledge of the maritime sector;
d) prohibit recruitment and placement services to resort to means, procedures or lists intended to prevent or deter seafarers to obtain employment;
(e) requires the recruitment and placement services to take steps to ensure, insofar as is practicable, that the employer has the means to avoid that seafarers are abandoned in a foreign port;
(f) ensure that a system of protection, in the form of insurance or an equivalent appropriate measure, is established to compensate seafarers who suffered pecuniary losses that the recruitment and placement service has not fulfilled its obligations towards them.
Article 5(1). For the purposes of inspection by the competent authority, all recruitment and placement services shall keep a register of all seafarers recruited or placed through them.
2. all recruitment and placement services shall ensure: has) that all seafarers recruited or placed through them possess the qualifications required and hold the documents necessary for the exercise of the considered jobs;
(b) contracts of employment and employment contracts are consistent with the legislation and applicable collective agreements;
(c) that, prior to the engagement or during the process of engagement, seafarers are informed of their rights and obligations under their contract of employment and their employment contract;
(d) that the necessary arrangements are planned for seafarers to examine their employment contracts and their contract commitment before and after their signature and a copy of the contract of employment provided them.
3. nothing in the provisions of paragraph 2 above is supposed to affect the obligations and liability of the shipowner or master.
Article 6 1. The competent authority shall ensure that the mechanisms and appropriate procedures are in place with a view, if necessary, to investigate complaints relating to the activities of recruitment and placement, with the assistance, services when appropriate, representatives of shipowners and seafarers.
2. complaints relating to the activities of a recruitment and placement service shall be by the latter of a review and a response and, when it is not resolved, be brought to the attention of the competent authority.
3. If complaints about the conditions of work or life on board ships are brought to the attention of recruitment services and investment, they will transmit such complaints to the authority whose jurisdiction they fall.
4. nothing in the provisions of this convention shall affect the right for the seafarers directly to any complaint to the attention of the authority which it is located.
Article 7 this convention revises the placing of seamen convention, 1920.
Article 8 the formal ratifications of this convention shall be communicated to the Director-general of the international Bureau of labour and by him registered.
Article 9 1. This agreement shall bind the members of the International Labour Organization whose ratification will have been registered by the Director-general of the international labour office.
2. it will enter into force 12 months after the ratifications of two members are registered by the Director-general.
3. Subsequently, this convention shall enter into force for each Member twelve months after the date where its ratification has been registered.
4. the ratification by a member of this convention will be worth, from the date of its entry into force, Act of immediate denunciation of the convention on the placement sailors, 1920.
Article 10 1. Any Member that has ratified this convention may denounce on the expiry of a period of ten years after the date of the initial implementation of the convention, by an act communicated to the Director-general of the international labour office and by him registered. The denunciation will take effect a year after having been registered.
2. any Member that has ratified this Agreement who, within the period of one year after the expiry of the period of ten years mentioned in the preceding paragraph, will not make use of the option of denunciation provided for in this article will be bound to a new period of ten years and, thereafter, may denounce this convention at the expiration of each period of ten years under the conditions laid down in this article.
Article 11 1. The Director general of the international labour office shall notify all members of the International Labour Organization of the registration of all ratifications and acts of denunciation which will be communicated by the members of the organization.
2. by notifying Members of the Organization to the registration of the second ratification which will have been communicated to him, the Director-general will draw the attention of the members of the Organization on the date on which this convention enters into force.
Article 12 the Director general of the international labour office shall communicate to the Secretary-General of the United Nations, for registration in accordance with article 102 of the Charter of the United Nations, comprehensive information about all ratifications and acts of denunciation that it will be registered in accordance with the preceding articles.
Article 13 whenever it deems it necessary, the governing body of the international labour office will present to the General Conference a report on the implementation of this convention and will consider whether it is appropriate to include in the agenda of the Conference the question of full or partial revision.
Article 14 1. A_le_cas_ou the Conference adopt a new convention on the total or partial revision of this convention, and unless the new convention otherwise provides: a) the ratification by a member of the new revising convention would of right, notwithstanding article 10 above, involve the immediate denunciation of this convention, provided that the new revising convention is in force;
(b) from the date of the entry into force of the new revising convention, this convention would cease to be open to ratification by the members.
2. the convention would remain in force in its form and content for the members which have ratified it but have not ratified the revising convention.
Article 15 the French and English versions of the text of this convention are equally authentic.
The foregoing is the authentic text of the convention duly adopted by the General Conference of the International Labour Organization during its eighty-fourth session, which was held at Geneva and declared closed on 22 October 1996.
In witness whereof have hereunto set their signatures, this twenty-second day of October 1996: the Director general of the international labour office, Michel Hansenne President of the Conference, James Hubbard Fait in Paris, May 11, 2005.
Jacques Chirac by the President of the Republic: Prime Minister Jean-Pierre Raffarin Foreign Minister Michel Barnier