Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information provided by the Government in reply to its earlier comments.

Article 2 of the Convention. In its earlier comments the Committee referred to Decree No. 1433 of 1983 which permits the continued operation of temporary employment agencies and fee-charging placement agencies. It also noted the adoption of Act No. 50 of 1990, sections 71 to 94 of which are regulated by Decree No. 1707 of 1991 and concern temporary employment agencies. The Government indicated that in most cases commercial companies do not use the free public employment services but their own recruitment services, or engage seamen through temporary employment agencies. In its latest report the Government expresses the intention to adopt the necessary measures in order to give full effect to this Article of the Convention. The Committee can but reiterate its hope that such measures will be adopted in the nearest future and that they will prohibit the fee-charging placement of seafarers, or their placement by a commercial enterprise for pecuniary gain, in conformity with this Article. It also would be grateful if the Government would provide more detailed information on sanctions for various violations imposed upon such agencies, referred to in the report.

Article 4. The Committee notes the information concerning the reorganization of the employment service which is still under way, and in particular, the devolution of the function of promoting and carrying out the administration of a free public employment service to the National Service of Apprenticeship (SENA). The Government indicates, however, that there is no specific regulation of such service in regard to seafarers, though it is contemplated in the above-mentioned Act No. 50 as far as temporary workers are concerned. The Committee reiterates its hope that the Government will not fail to adopt the necessary measures as soon as possible with a view to give full effect to the provisions of this Article which requires the organization of an efficient and adequate system of public employment offices for finding employment for seafarers without charge.

Article 5. The Committee notes with regret that the Government's report contains no information on any measures taken in order to give effect to this Article, which provides for consultations to be held with representatives of shipowners and seafarers through committees constituted to advise on matters concerning the carrying on of public employment offices for seafarers. It once again expresses the hope that such measures will be taken in the very near future and asks the Government to provide, in its next report, information on any progress made in this regard.

Article 10, paragraph 1. The Committee would be grateful if the Government would continue to supply information, statistical or otherwise, concerning unemployment among seafarers and concerning the work of employment agencies for seafarers, as required by this Article.