Merchant Navy Code

Art. 93. – Definition of shipowner A shipowner is any individual, corporation, society or service that publishes for which a ship is armed, operated or merely used. Art. 94. - Definition of master The master is the person designated by the shipowner to operate a ship or other vessel. He is responsible for even minor faults in the performance of his duties. Art. 95. - Definition of seafarer. A person of either sex who undertakes to serve on board a seagoing ship and who is employed on the deck, in the machinery or in the general service is considered to be a seafarer. Vessel personnel are under the authority of the master. Persons engaged on board to perform cargo handling are not qualified seafarers. Chapter II Practice of the occupation of seafaring. Art. 96. - Congolese seafarers. Congolese seafarer status is reserved for Congolese nationals or nationals of other States subject to reciprocal agreements with the Republic of Congo. It is established by the certification of the seafarer by the maritime authority on seafarers' certificates. Art. 97. - Conditions for becoming a seafarer. In order to be registered on the seafarers' certificates, the Congolese or related seafarer must meet the following conditions: Minimum age; Physical fitness; Professional aptitude; Absence of certain convictions. Art. 98. - Minors The employment of children under 16 years of age on board seagoing vessels in the Congo is prohibited. However, the maritime authority may authorize the engagement of children on board at 14 years of age on an exceptional basis when that is in the interests of the child. It is subject to the presentation of a certificate of physical fitness issued by the seafarer's medical practitioner Art. 99. – Physical fitness. A decree issued by the maritime authority establishes the conditions of physical fitness required for each specialization in the deck, engine or general service department, and for each type of navigation, as well as the application and monitoring procedures. Art. 100. – No conviction. Any criminal or correctional conviction resulting in deprivation of liberty for more than six months, or any unsuspended prison sentence of more than two months, or any suspended prison sentence of more than six months for pimping or drug trafficking, is an obstacle to seafarer status. However, this rule may be waived by the maritime authority if the conviction does not tarnish the seafarer's honor or status. Art.101. – Award of vocational qualifications. Any seafarer engaged on board a sea vessel shall be provided with a Seaman’s Book or a Seafarer’s identity document that is valid only for inshore navigation or local fishing. The Seaman book can be issued directly to seafarers holding either a maritime CoC or a navy speciality certificate, or a CoC awarded by the technical training. Seafarers who do not hold any speciality certificate will be entitled to receive a Seaman’s Book only as long as they have three years of local navigation and sufficient vocational knowledge during a practical examination before the navigation inspector or a qualified substitute designated by the maritime authority. Art.102. – Cost of Seaman’s Book or Seafarer’s identity document. The award of the Seaman’s Book, Seafarer’s identity document or copy thereof is subject to the payment of a tax in the amount set by decree. Art. 103. – Seafarers' travel. Seafarers’ embarkments and disembarkments are recorded by the maritime authority in the Seaman’s Book or Seafarer’s identity document. These qualifications must not contain any assessment of the services rendered. Art.104. – Traffic of vocational qualifications. Any Congolese seafarer who is proven to have sold or lent his Seaman’s Book or Seafarer’s identity document shall be automatically struck off the certifications without prejudice to the penal sanctions that will be imposed against him for the fraudulent use of maritime identity documents. Art.105. – Cancellation of CoCs Except in the cases provided for in sections 100 and 104, the following may be struck off the certifications:
Any seafarer who requests it; Any seafarer who, except in the cases of force majeure, duly justified, does not sail for three years; Any seafarer who during his career, has been the subject of three disembarkments for fault against discipline or serious fault in the practice of the profession; In the latter case, the cancellation results in the permanent exclusion from the profession. Chapter III On-board Function, Crew Composition. Art. 106. Officer and subordinate functions. The crew is placed under the authority of the master, the legal leader and driver of the maritime expedition. The functions of master or skipper, chief mate, chief engineer and officer may only be practiced by Congolese seafarers originating from States which have concluded reciprocal agreements with the Republic of Congo, who are holders of certificates, diplomas, licences, permits or qualifications, deemed equivalent. Vocational proof may be required for the practice of certain subordinate functions. Art. 107. Certificates and diplomas. Examination programs and conditions for obtaining diplomas, certificates and licences are set by ministerial decree. Examination fees are set by decree. Art. 108. Exceptions. In exceptional cases, exceptions may be granted for the practice of the various officer functions on board in cases of necessity recognized by the maritime authority, or at the request of the shipowner or master. Art. 109. Crew composition, The crew of a Congolese vessel must, in a proportion determined by the maritime authority, be Congolese or, subject to reciprocity, have the nationality of a State to which equivalent rights have been recognized. Art. 110. Manning. The manning level must be sufficient and efficient to ensure navigational safety. An order of the maritime authority establishes the method of application of the above provisions. CHAPTER IV. Seafarer’s employment contract. Art. 111. The employment of seafarers is a contract for the hire of services which is formed by the agreement of the will of the parties, the seafarer and the shipowner or his representative. Outside the seafarer’s service periods on board, this agreement is governed by the provisions of the Labour Code. Art. 112. Capacity to contract. In matters of maritime liability, capacity to contract is subject to the general law, subject to the application of article 98 regarding the special conditions for the work on board minors. No person may validly enter into a seafarer’s employment contract if he is not free from any other prior agreement. A. 113. Registering clauses on the muster list. Under penalty of nullity, all clauses and stipulations of the employment contract must be entered on the muster list. Art. 114. Placement of seafarers. The shipowner or his representative retains free choice of crew under all circumstances. No placement transaction may give rise to any remuneration from the seafarer. Art. 115. Collective agreements. Within the framework of legal and regulatory provisions, collective bargaining agreements concluded between qualified representatives of shipowners and seafarers before the maritime authority may determine the reciprocal obligations of shipowners and seafarers (work, wages and various benefits). These agreements are filed with the secretariat of the Labour Court and published in the J.O. (official journal) of the Republic of the Congo. They must be made available to crews. Art. 116 Drafting of the contract. The employment contract must be written in clear terms so as to leave no doubt to the parties as to their respective rights and obligations. Seafarers can have the content explained to them by the maritime authority at the time of their registration on the muster list. If the agreement is for a fixed term, it must indicate that term, if it is entered into during the voyage, it must indicate the port where the voyage ends and assess the voyage’s expected maximum duration. If the agreement is entered into for an indeterminate period, it sets out the notice period to be observed in the event of a termination, which period is the same for both parties and may not be less than 24 hours. A trial contract of over three months may not be entered into for a person. If the trial is inconclusive, any repatriation costs will be borne by the shipowner. Art. 117. Nature of services. The employment contract must mention the department for which the seafarer is engaged and the function that he is to fulfil, the amount of wages and supplements or the basis on which the shares or profits are calculated. The seafarer's place and date of embarkation must be entered on the list and in his Seaman’s Book. Art. 118. Contract visas. The employment contract is covered by the maritime authority. The employment contract falls under the maritime authority. The latter cannot settle the conditions of employment but it can refuse its visa when the contract contains a clause contrary to the provisions of public order. CHAPTER V. Obligations of Seafarer Towards Shipowner. Art. 119. - General provisions. Seafarers must perform their service in accordance with the conditions set out in their contract and the laws, regulations and practices in force. Art. 120. - Start of service. A seafarer shall proceed to the vessel on which he is embarking on the day and at the hour specified by the shipowner or his representative. Art. 121. - Functions on board. Except in circumstances of force majeure and where the safety of the vessel, the persons on board or the cargo is at stake, a circumstance of which the master is the sole judge, the seafarer is not obliged, unless otherwise agreed, to perform work incumbent on a category of personnel other than that in which he is engaged. Art. 122. Shore leave. The master does not determine the conditions under which an off-duty sailor may go ashore. Art. 123. Obedience. The seafarer is required to obey the orders of his superiors with regards to service on the vessel, and to take care of the ship and cargo. He must be sober, respectful of his superiors and refrain from any rude remarks about any person on board. Art. 124. Cleanliness of workstations. Seafarers are required to keep their crew mess, crew annexes, bedding and dishes clean outside working hours, without this work giving rise to an additional allocation. Under the same conditions, he is obliged to work to salvage the ship, its wreckage, wrecked effects and cargo. Art, 125. Organization of work on board. Work on board shall be arranged on the basis of eight hours per day for six days or forty-eight hours per week or on an equivalent basis over a period other than the week. Overtime may be worked to take account of ship operating requirements. Except in the case of fishing vessels, and except in cases of force majeure when the safety of the ship, the people on board or the cargo is at stake, the effective working time may in no case exceed twelve hours per day. A decree issued by the maritime authority focuses on the organisation of work on board, according to the type of navigation carried out, the different specialties and the work required of personnel. Art. 126.- Weekly rest. One full day's rest per week must be granted to the seafarer when the seafarer's employment lasts more than six days. One day's rest per week is defined as 24 consecutive hours from the normal time when the seafarer was due to take up his daily work. Whenever weekly rest could not be given on its date, it shall be replaced by a 24-hour rest either upon the return of the vessel to the usual home port, base port or usual return, or by mutual agreement, during the voyage, at a port of call. Any weekly rest not given on its date that could not be compensated in the above-mentioned conditions entitles the employee to one day of paid leave added to the annual leave. It may, by prior agreement of the parties, be compensated or paid. Any work of a duration greater than 2 hours, performed during a rest period, suspends its effect, unless the work is caused by a fortuitous event. Art. 127. Leaves Seafarers are entitled to paid leave at the shipowner's expense, calculated on the basis of 2 and a half working days per month of employment. This leave entitles seafarers to a food allowance and is included in the manning hours. Art. 128. Transport of goods. Unless authorized by the master, the seafarer may not load any goods in the ship for his own behalf without having paid the freight. The master may order unduly loaded goods to be thrown overboard if they are likely to endanger the ship or the like, or incur fines or confiscation for infringement of customs or other laws. CHAPTER VI Obligations of Shipowner Towards Seafarer Art. 129, Wages. The seaman is remunerated either at a set wage or at a share of eventual profits or a combination of these two methods. Any share or profit contract must determine the common expenses and charges to be deducted from the profit in order to establish the net proceeds, as well as the number of shares to be distributed to each person. An order of the maritime authority shall establish the places and times for settlement and payment of wages based on the different types of contract and navigation concerned. Art. 130.- Superior functions. A seafarer who is called upon to perform a function other than the one for which he was engaged and having a salary above his own, is entitled to the salary attached to the function which he has temporarily performed for the entire period during which he has actually performed it. Art. 131. Suspension or withholding of wages. A seafarer who, when in service, is absent without authorisation or who is absent at the time when he should have began his service loses the right to wages during his absence. In the event of termination of the employment contract as a result of the seafarer's irregular absence, the amount of wages remitted to the maritime authority is deposited in a special account (seafarers) in the Treasury. Art. 132. - Overtime pay. If the remuneration for the normal hour of work is not set by the employment contract, it is considered to be equal to 1/208 of the monthly salary. The hourly wage is increased by 25% for hours worked between 40 and 48 hours inclusive, such increase being incorporated into the monthly base salary. Over and above the forty-eighth hour per week, this increase is 50%. A flat-rate remuneration scheme for overtime work may be included in the contract, subject to approval by the maritime authority. Art. 133 - Advances, deposits, delegations. No advance of wages may be made to the seafarer except in the presence and under the control of the maritime authority. These advances, whatever the amount, are only chargeable against the wages to be paid to the person up to one month for all navigation. No deposit can be made during travel if no mention is made in the log below the signature of the seafarer or, failing that, of two of the key crew members. Deposits shall not exceed three-quarters of the wages earned at the time they are made, less advances and delegations. Advance and installment payments must be recorded in the Seaman’s Book and muster list. A seafarer may, at the time of his embarkation or even during his voyage, grant delegations of wages, but only in favour of a person who is legally his dependant, without the total amount of delegations in any case exceeding two thirds of the wages and accessories. The beneficiaries of the delegations, the amount of the sums delegated and the payment terms are mentioned on the muster list. The shipowner is required to pay on the specified date the amount of such delegations, Art. 134.- Seafarers’ debts, attachment and assignment of wages The wages, profits, shares and other remuneration of seafarers may be seized or transferred under the conditions set by the Labour Code. The following cannot be discharged for any reason: 1 Clothing, without exception, of seafarers; 2 Instruments and other objects belonging to seafarers and used in the exercise of their profession; 3 Amounts owing to mariners for medical and pharmaceutical expenses. Art. 135. - Food and bedding. A seafarer is entitled to food or an equivalent allowance during his statutory leaves. He is also entitled to the supply of bedding and dishes. No shipowner shall, directly or indirectly, sell to the seafarers employed by him, or to their employees, any goods or merchandise of any kind whatsoever, or require them to expend their wages, in whole or in part, in the stores specified by the shipowner, or to charge a fee to the master of any member of the staff for the crew's food. An order of the maritime authority establishes the method of application of these provisions. Art. 136. - Family allowances. Seafarers are entitled to family allowances under the general scheme. CHAPTER VII Seafarer’s Social Security Scheme Art. 137. General scheme. Seafarers are registered with the national social security fund, which provides them with the allowances and benefits that it guarantees under its insurance schemes. In order to take account of the particular risks associated with the work of seafarers, the shipowner shall supplement, by means of a special insurance, the allowances and benefits paid by the national social welfare fund, until the seafarer recovers, stabilizes or is declared incurable or in a chronic state, for a maximum period of four months, so as to fully cover the amount of wages and, as appropriate, of food and pharmaceutical costs. Art. 138. - Injuries, illnesses on board. The seafarer shall be paid his wages and treated at the ship’s expense if he is injured in the service of the ship or if he falls ill on board. The master draws up a detailed accident or illness report (the accident report is countersigned by two witnesses), to which a medical certificate is attached. In case of death, the funeral expenses shall be borne by the vessel, within the limits fixed by Decree No. 59-80 dated 1 April 1958. Periods of care if he is injured in the service of the ship or if he falls ill on board entitle him to statutory leave, and are included as manning hours. Art. 139, Injured or ill seafarer taken ashore at a foreign port The injured or ill seafarer taken ashore for treatment at a foreign port, shall be entitled to receive care and wages until his return to a Congolese port, if he has by then recovered. Otherwise, the seafarer shall enjoy the allowance and benefits guaranteed by article 137. Art. 140. - Injuries, illnesses due to an intentional act. Injuries or illnesses resulting from the seafarer’s intentional act are not covered by the shipowner. The seafarer loses his right to the wages on the day the work ceases. However, the master is obliged to give the seafarer all the care his condition requires until the day of disembarkment. Where such disembarkment takes place in a foreign port, the master shall make all arrangements for the care of the seafarer, unless subsequent appeal of the shipowner against the seafarer. CHAPTER VIII Repatriation, Expiry of the Work Agreement Art. 141. - Repatriation of the seafarer. Except as provided in Article 143 below, the seafarer disembarked upon the expiry of his contract outside a Conga port is to be repatriated at the vessel's expense. In the case of a seaman embarked in a foreign port, repatriation must be effected at the port of embarkment, unless it was stipulated in the contract of employment that the seafarer would be repatriated to the Congo. The master of any Congolese vessel is obliged, within the limits of his accommodation facilities, to dig up, for the benefit of seafarer, the requisitions for repatriation or passage drawn up by the maritime authority. An order of the marine authority establishes the method of application of the preceding paragraph. Art.142 - Content of repatriation obligation. Repatriation includes transportation, accommodation, food and, where applicable, the wages of the repatriated seafarer. It does not include the provision of clothing. In any case, the master shall advance the necessary clothing expenses. Art. 143. - Specific provisions. The costs of repatriating the seafarer disembarked during the voyage, after the execution of the contract, and by the common will of the parties, are settled by the agreement of the parties. The costs of repatriation are borne by the seafarer when disembarked on disciplinary grounds or in consequence of injury or sickness incurred due to a wilful act under the conditions of article 140 above. The cost of repatriating a seafarer who has disembarked to be tried or sentenced shall be borne by the State. Art. 144. End of employment contract, The employment contract ends: 1º By the death of the seafarer; 2 º By the regular disembarkment of the seafarer resulting in particular from the mutual agreement of the parties, the termination or breach of the contract, the landing of the seafarer due to injury or illness, the sale, capture, shipwreck or unseaworthiness of the vessel. Art. 145. Special allowance. In the event of sale, seizure, shipwreck or declaration of unseaworthiness of the vessel, the seafarer is entitled to compensation for loss of earnings up to a maximum of two months' sick leave. Art. 146. Dismissal of seafarer. In Congolese ports, the master has the right to dismiss the seafarer, subject to a notice period. Outside Congolese ports, the master may only dismiss the seafarer with the authorization of the maritime authority. In all cases, the reason for dismissal must be recorded on the muster list. Art. 147. Consequences of dismissal. A seafarer who is dismissed without cause is entitled to indemnity. He may be condemned to damages in the event the breach of contract resulting from his act, caused injury to the amateur. On the other hand, a seafarer who is dismissed without cause is entitled to a dismissal indemnity assessed according to the nature of the services and the duration of the contract and the extent of the injury caused. Art. 148. - Non-performance of obligations by the shipowner. The seafarer may request termination of the employment contract or damages for non-performance of obligations by the shipowner. In Congolese maritime ports, the seafarer's immediate disembarkation may be authorized for serious reasons. CHAPTER IX Special Provisions Concerning the Employment Contract Art. 119. - Individual disputes. Disputes arising in respect of the seafarer’s employment contract between the shipowner or his representative and the officers, junior officers or seafarers, excluding the master, shall be brought before the Labour Court, after a conciliation attempt before the maritime authority. In the case of conciliation, the maritime authority shall draw up minutes of the conditions of the agreement which constitutes, in respect of the matters to which it applies, a new contract governing the relations of the parties. If the conciliation attempt fails, the maritime authority draws up a minutes, a copy of which shall be given to the applicant, and the copy may be cited before the Labour Tribunal of the vessel’s port of registry. The Tribunal Court rules on an urgent basis. The judgment must be sent by the secretary of labour to the maritime authority at the same time as to the parties. Art. 150 - Disputes between shipowners and masters. Disputes between shipowners and masters are, in the absence of commercial jurisdiction, the responsibility of the tribunal of the vessel’s place of registry. Art. 151. - Collective disputes. A ministerial decree will set out the conciliation and arbitration procedures to be followed in the event of a collective maritime labour dispute, Art. 152. - Shipowner and master agreements. The agreements between the shipowners and the master with respect to the latter's commercial function as an agent of the shipowner may be validly ascertained without the intervention of the maritime authority. Any master hired for a voyage is obliged to complete it, failing which he will be liable to pay damages to owners and charterers. Art. 153. - Dismissal of the master. The shipowner can always dismiss the master, anywhere, except for damages, in the event of wrongful dismissal. Dismissal of a master outside Congolese ports is not subject to authorization by the maritime authority. Art. 154. Compliance with terms of engagement. Except where otherwise provided by this Code, the parties may not derogate from the rules governing the terms of engagement. CHAPTER X Civil Status at Sea, Maritime Estates. Art. 155.- Presiding officer. The authority designated as an presiding officer and qualified under the Civil Code, to perform on board ships, during a maritime voyage, the duties devoted to shore, officers of civil status and notaries, is the master, junior officer or skipper, or the person acting as, provided he is 21 years of age. Art. 156. Power of presiding officer. The presiding officer is authorized to send, when the ship is at sea, and he cannot communicate with the the competent registrar ashore: 1 Public acts (birth certificates, acts of recognition of a natural child, acts of death, acts of declaration of a child without life, will); 2 Private acts (acts of proxy, acts of consent to marriage, acts of consent to voluntary undertaking, declaration of marital authorisation); 3. Administrative acts (report of the disappearance of a person registered on the muster list or on board, who fell into the water, without the body being found). Art. 157.- Form and enunciation of acts. The presiding officer must comply with the provisions of the Civil Code when drafting acts. Civil status certificates drawn up at sea are transcribed on ad hoc sheets appended to the muster list. They are handed over to the Congolese maritime authority at the first port of call, who ensures appropriate follow-up. Art. 158.- Limit of competence. An instruction from the Minister of Merchant Marine determines the limits of competence of presiding officers on board ships and the reduction method of the various public and private acts. Art. 159 - Maritime estates. Maritime estates refer to property carried by persons who die or disappear during a marine voyage. The master is bound to make a detailed inventory of the goods, clothing, valuables or other things in the presence of two witnesses, seal them and have them placed in lockable premises. The master hands over the estate to the Congolese authority responsible for liquidating vacant estates. Art. 160. Orders of the Minister of Finance and of the Minister of Merchant Marine establish the terms and conditions for the application of this chapter.

Receipts must be justified, written on stamped paper and addressed to the maritime authority; The following are entitled to make appeals a) The captain to whom the pairing authorization has been refused. b) The captain or vessel operator who considers the requirements of the navigation inspector or safety committees to be excessive; c) The delegate or three crew members, regarding the ship's seaworthiness, safety, habitability, hygiene and supplies.