Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Algeria (Ratification: 2016)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2022 entered into force for Algeria on 23 December 2024. In this regard, the Committee draws the Government’s attention to the questions contained in the revised report form and asks it to reply to them in its next report, indicating in each case the applicable national provisions.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. In response to its previous comment, the Committee notes the Government’s indication that the definition of seafarers (mariners) is determined in section 384 of Ordinance No. 76-80 of 23 October 1976 issuing the Maritime Code (hereinafter the Maritime Code), which provides that a “seafarer” or “mariner” means any person in the service of a vessel who is registered on the seafarers’ register. It further notes the Government’s reference, with regard to persons employed as hotel staff or in other services on board Algerian ships, to Ministry of Transport Circular No. 16/1327 of 11 May 2016 establishing the conditions and procedures for the issuance of seafarers’ books to General Service staff. The Government adds that the provisions of the Circular, which define General Service staff as any person appointed to act on board in a capacity other than as a mariner, imply that all persons employed, engaged or working in any capacity on board a vessel to which the Convention applies are considered “seafarers” and enjoy the protection required by the Convention. With regard to apprentices, the Government indicates that they sail on board vessels as trainees, with a trainee’s book for a limited period of time and, consequently, enjoy the protection provided for by the Convention in accordance with section 398 of the Maritime Code. The Committee takes note of this information.

Regulation 1.4 and the Code. Recruitment and placement. In response to its previous comment, the Committee notes the Government’s indication that the recruitment of seafarers on ships engaged in commercial navigation is generally by mutual consent between the shipowner and seafarers on the basis of a contract drawn up in accordance with the provisions of Executive Decree No. 05-102 of 26 March 2005 establishing the specific regime of employment relations for crew in maritime transport, commercial or fishing vessels (Decree No. 05-102), and Inter-ministerial Order of 18 April 2006 establishing the model employment agreement for maritime transport and commercial crew. The Committee understands that shipowners of ships flying the Algerian flag are not affected by the situation provided for in Standard A1.4, paragraph 9, concerning the use of seafarer recruitment and placement services based in countries or territories to which the Convention does not apply. The Committee requests the Government to confirm if this is the case.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreement. Examination and advice before signing. In response to its previous comment, the Committee notes the information on the content of Decree No. 05-102, which, however, does not contain any provisions ensuring that seafarers are given an opportunity to review and seek advice on their employment agreement before signing it, in accordance with Standard A2.1, paragraph 1(b). The Committee therefore requests the Government to adopt without further delay the necessary measures to give effect to this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. The Committee notes that the Government’s report does not reply to its previous request. The Committee recalls that Standard A2.1, paragraph 5, provides that the notice period shall not be shorter than seven days. The Committee also recalls that Standard A2.1, paragraph 6, provides that a notice period shorter than the minimum may be given in circumstances which are recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, 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. The Committee requests the Government to adopt without further delay the necessary measures to give effect to Standard A2.1, paragraphs 5 and 6.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. In response to its previous comment, the Committee notes the Government’s indication that maritime workers enjoy the same rights as all other workers under the provisions of Act No. 90-11 of 21 April 1990 on the employment relationship (Act No. 90-11), in particular with respect to remuneration and wage conditions. In this context, section 49 of Executive Decree No. 05-102 provides that “[i]n accordance with the provisions of section 88 of Act No. 90-11, the shipowner is required to pay crew members regularly and in arrears the wage or part thereof due to them”. The Committee notes that this provision does not require that payments due to seafarers be made at no greater than monthly intervals and in accordance with any applicable collective agreement (Standard A2.2, paragraph 1), nor that seafarers shall be given a monthly account of the payments due and the amounts paid (Standard A2.2, paragraph 2). The Committee therefore requests the Government to adopt without further delay the necessary measures to give effect to Standard A2.2, paragraphs 1 and 2.

Regulation 2.3 and Standard A2.3, paragraphs 2, 5 and 6. Hours of work and hours of rest. Limits and division of hours of rest. The Committee notes that the Government has not followed up on its previous comment. Accordingly, the Committee once again requests the Government to take without further delay the necessary measures to fix, for all seafarers within the meaning of the Convention, either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time (Standard A2.3, paragraphs 2, 5 and 6).

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the Government does not provide a reply to its previous comment. The Committee recalls that irrespective of their medical situation, seafarers are to be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions. The Committee therefore requests the Government to take without further delay the necessary measures to give full effect to Regulation 2.4, paragraph 2.

Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2, 3 and 5. Repatriation. Circumstances. Prohibition of advance payments and recovery of costs. The Committee notes that the Government has not followed up on its previous comment. The Committee therefore requests the Government to clarify the definition of the expressions “reasons beyond their control” and “misconduct” of the seafarer. The Committee also requests the Government to adopt without further delay the necessary measures to give full effect to Standard A2.5.1, paragraphs 1, 2, 3 and 5.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In response to its previous comment, the Committee notes the Government’s indication that mandatory financial security must be provided on board, in the form of maritime or bank insurance covering: (i) up to four months of outstanding wages; (ii) repatriation expenses; and (iii) food, accommodation and care provided to seafarers. Noting that the Government does not specify the applicable legislation, the Committee requests the Government to indicate the measures taken to give effect to Standard A2.5.2.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. The Committee notes that the Government has not followed up on its previous comment. The Committee recalls that Standard A2.6, paragraph 1, provides that in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering. The Committee requests the Government to take without further delay the necessary measures to ensure full compliance with this provision of the Convention.

Regulation 2.7 and the Code. Manning levels. With reference to its previous comment, the Committee notes the Government’s indication that minimum safe manning levels on board Algerian vessels are covered by sections 222 to 224 of the Maritime Code and the provisions of Executive Decree No. 02-02 of 6 January 2002 establishing rules for the maintenance of minimum safe manning levels on board commercial vessels of over 500 gross tonnage, as well as Circular No. 03/2022 of 5 October 2022 concerning the principles of minimum safe manning and the issuance of the relevant document, and Procedure 05/2022 of 18 October 2022 concerning review of the document on minimum safe manning, issued to commercial vessels flying the national flag. The Government indicates that every commercial vessel has its own safe manning certificate issued in the first instance by the Directorate of the Merchant Navy and Ports and subsequently renewed on an ongoing basis by the competent local maritime authority. The Committee notes that the Government refers to the regulations concerning catering but does not indicate how, when determining manning levels, the competent authority takes into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee therefore requests the Government to take the necessary measures to implement Standard A2.7, paragraph 3.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee observes that the Government has not followed up on its previous comment. The Committee once again requests the Government to take the necessary measures to give full effect to Regulation 3.1 and Standard A3.1 and to confirm whether the text of the Convention is considered directly applicable with regard to the implementation of these provisions.

Regulation 4.1 and Standard A4.1, paragraph 1. Medical care on board and ashore. The Committee notes that the Government has not responded to its previous comment. The Committee once again requests the Government to take the necessary steps without further delay to give effect to the requirements of Standard A4.1, paragraph 1.

Regulation 4.1 and Standard A4.1, paragraph 4(b) and (c). Medical care on board and ashore. Qualified medical doctor on board. Seafarer in charge of medical care. The Committee notes the Government’s indication, in reply to its previous comment, that every ship flying the Algerian flag must have: (i) a regularly renewed medicine chest in conformity with the health ministry order; (ii) personnel trained in first aid, as a minimum; (iii) an officer who holds the STCW Medical First Aid and Medical Care certificate, having completed the training given to all crews; and (iv) an approved medical guide, in both French and English. The Committee recalls that under Standard A4.1, paragraph 4(b), ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration must carry a qualified medical doctor who is responsible for providing medical care. The Committee therefore requests the Government to take the necessary measures without further delay to ensure the full application of this provision of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. The Committee notes the Government’s indication, in reply to its previous comment, that the shipowner must guarantee: (i) full coverage of the cost of medical care on board and ashore for any occupational accident involving seafarers; and (ii) medical transfer via calling at port if necessary. Recalling that Standard A4.1, paragraph 4(d) provides that the national legislation must ensure by a prearranged system that medical advice by radio or satellite communication between a ship and those ashore giving the advice is available free of charge 24 hours a day to all ships irrespective of the flag that they fly, the Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.2 and the Code. Shipowners’ liability. Referring to its previous comment, the Committee notes the Government’s indication that procedures governing incapacity for work are covered by the social security provisions in force, namely Executive Degree No. 13-201 of 21 May 2013. However, the Committee observes that this decree is concerned with seafaring personnel on ships and commercial fishing boats who are remunerated separately. It recalls that Standard A4.2.1, paragraph 1, provides for the adoption of legislation by a Member State stipulating that owners of ships that fly that Member’s flag are responsible for health protection and medical care for all seafarers working on board the ships, in accordance with the minimum standards defined in Standard A4.2.1, paragraphs 1 and 3, except with regard to the limitations and exceptions provided for in paragraphs 2 and 4–6. The Committee requests the Government to take the necessary steps without further delay to give full effect to Regulation 4.2 and Standards A4.2.1 and A4.2.2.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes the Government’s reference, in reply to its previous comment, to Act No. 83-13 of 2 July 1983 concerning industrial accidents and occupational diseases. The Committee notes that this law is general in scope as regards occupational safety and health and does not appear to take account of the specific features of the maritime sector. Furthermore, the Government has not provided any example of a Declaration of Maritime Labour Compliance (DMLC) or of programmes for the prevention of occupational accidents and diseases on board ship. In this regard, the Committee recalls that Standard A4.3, paragraphs 1 and 2 requires the adoption of policies and programmes adapted to the particular conditions of maritime labour, which entail risks and constraints that are peculiar to life and work at sea. The Committee therefore requests the Government to provide detailed information on: (i) the specific legislative, regulatory and administrative measures adopted to ensure the safety and health of seafarers on board ships; (ii) training and awareness-raising policies and programmes for the prevention of accidents at sea; and (iii) statistics of occupational accidents and diseases specific to the maritime sector, and mechanisms for investigation and follow-up with respect to these accidents, as required by Standard A4.3, paragraphs 1 and 2.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication, in reply to its previous comment, that the social security of seafarers is guaranteed by: (i) Executive Decree No. 13-201 of 21 May 2013, by which seafarers enjoy all benefits relating to risks connected with sickness, maternity, invalidity, death, and occupational accidents and diseases; and (ii) section 5 of Act No. 83-14 of 2 July 1983, concerning the obligations of persons covered by the social security system. However, the Committee notes that this legislation appears to be of a territorial nature and would not extend ipso jure to resident seafarers employed on board ships flying the flag of a third State. The Committee therefore requests the Government to indicate any measures taken or envisaged to give full effect to Regulation 4.5 vis-à-vis seafarers ordinarily resident in Algeria employed on board ships flying a foreign flag.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication, in reply to its previous comment, that the Directorate-General of the Merchant Navy and Ports (DGMMP) is the national authority responsible for the application of the MLC, 2006, for ships flying the Algerian flag. It supervises initial, intermediate and renewal inspections, issues or approves the Declaration of Maritime Labour Compliance (DMLC), Parts I and II, and approves inspection reports drawn up by the Algerian coastguard. The Government also emphasizes that the social protection of seafarers is subject to the control of the maritime administration departments under the National Coastguard Service in accordance with: (i) the provisions of the Algerian Maritime Code; (ii) Presidential Decree No. 17-01 of 2 January 2017 establishing the tasks and structure of the National Coastguard Service; (iii) Presidential Decree No. 96-437 of 1 December 1996 establishing the corps of maritime administrators, shipping and maritime labour inspectors, and coastguard employees; and (iv) Executive Decree No. 21-215 of 20 May 2021 establishing the structure of the local maritime administration. The Committee takes note this information and requests the Government to provide an up-to-date example of the Declaration of Maritime Labour Compliance (DMLC), including the 2014 amendments.

Regulation 5.1.2 and Standard A5.1.2, paragraph 1. Flag State responsibilities. Authorization of recognized organizations. Conditions. The Committee notes the Government’s indication, in reply to its previous comment, that the Algerian coastguard service has been officially designated as a responsible organization for carrying out on-board inspections in relation to the MLC, 2006, to sign any examples of the DMLC, Part II, and to verify the conformity of documents (contracts, registers, hours of work). The Government states that foreign classification companies are not recognized, unless expressly authorized, for certification of the MLC, 2006, for ships flying the Algerian flag. The Committee notes this information and requests the Government to indicate any changes regarding the authorization of recognized organizations.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s indication, in reply to its previous comment, that although Act No. 90-04 of 6 February 1990 on the settlement of individual labour disputes does not make explicit provision for on-board complaint procedures, it refers to internal procedures for the resolution of individual labour disputes. Recalling the specific features of work on board ships, the Committee requests the Government to take the necessary steps to give effect to Regulation 5.1.5, paragraphs 1 and 2, and Standard A5.1.5, paragraph 4. The Committee also requests the Government to provide a copy of the standard on-board complaint procedure, if it has been adopted, or of standard procedures followed on board ships flying the Algerian flag.

Regulation 5.1.6. Flag State responsibilities.Marine casualties. The Committee notes that the Government has not responded to its previous comment. Recalling that under Regulation 5.1.6. every Member State must hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag, the Committee requests the Government to take the necessary steps to give full effect to this provision of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities.Inspections in port. The Committee notes the Government’s indication, in reply to its previous comment, that Circular No. DGMMP/MT No. 08/2023 of 13 August 2023, concerning procedures for the annual performance evaluation of the activities of the flag State, and DGMMP/MT No. 05/2022, concerning the adoption of port State control procedures, describe the implementation of the requirements of Regulation 5.2.1 and Standard A5.2.1. In particular this aims to: (i) evaluate the effectiveness of the inspection and oversight system for which the port State is responsible (in accordance with Regulation 5.2.1, paragraph 4); and (ii) provide support for inspectors’ actions by giving them precise guidance on situations which can justify the detention of a ship (in accordance with Standard A5.2.1, paragraph 6). However, the Committee observes that the Government has not provided the text of this circular and that the latter does not appear to be available in publicly accessible sources. The Committee therefore requests the Government to send a copy of this circular in its next report so that its conformity with the Convention can be examined.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes the Government’s indication, in reply to its previous comment, that Algeria underlines its constant willingness to fulfil the commitments arising from ratified international instruments. While noting this statement, the Committee draws the Government’s attention to the detailed requirements of Regulation 5.2.2 and the Code, which provide that seafarers on ships calling at a port in the territory of a Member State who allege a breach of the requirements of the MLC, 2006 (including seafarers’ rights) have the right to report such a complaint to the competent port authorities. The Committee requests the Government to take the necessary measures without further delay to give effect to Regulation 5.2.2 and Standard A5.2.2.