CMNT_TITLE

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - Mexico (RATIFICATION: 1939)

Other comments on C055

Observation

Direct Request

2023
2011
2005
2001

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Article 6 of the Convention. Repatriation expenses. The Committee notes that under section 204(VII) of the Federal Labour Act the employer has the obligation, in the event of seafarer’s illness, to provide for food, accommodation and medical treatment; but no provision is made for the shipowner’s liability to defray the expenses of repatriation of a sick or injured seafarer who is landed during the voyage in consequence of sickness or injury. Nor is reference made to the specific destinations to which the seafarer may be repatriated or to the items of expense covered, as prescribed by this Article of the Convention. Recalling that the basic requirement set forth in Article 6(1) of the Convention is now reflected in Standard A2.5(1)(c) and Guideline B2.5.1(1)(b)(i) of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to specify the legal provisions giving effect to the requirements of this Article of the Convention. The Committee also requests the Government to refer to the comments made in 2010 under the Repatriation of Seafarers Convention (Revised), 1987 (No. 166).

Article 8. Safeguarding property left on board. The Committee understands that section 684 of the Code of Commerce that previously gave effect to this provision of the Convention, has been repealed by the Maritime Navigation and Commerce Act of 30 May 2006. Recalling that the same requirement has been incorporated in Standard A4.2(7) of the MLC, 2006, with the additional obligation to return the property left on board by sick, injured or deceased seafarers to their next of kin, the Committee requests the Government to indicate any legal provisions giving effect to this Article of the Convention.

Part V of the report form. Practical application. The Committee would be grateful if the Government would continue to provide up-to-date information on the manner in which the Convention is applied in practice, including, for instance, the number of seafarers to whom the Convention applies and who have benefited from medical care and maintenance, distinguishing, if possible, between those left ashore in the national territory and those landed elsewhere; the amounts paid by shipowners and the social security institution for sick, injured or deceased seafarers; copies of collective agreements containing provisions related to the Convention; and relevant extracts from activity reports of the Mexican Social Security Institute.

Finally, the Committee recalls that the main provisions of the present Convention have been incorporated in Regulation 4.2 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006) and that therefore compliance with Convention No. 55 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.