Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the adoption of Act No. 1242 of 2008 establishing the Code for Navigation and Port Activities on Rivers.

Article 6, paragraph 3(3), of the Convention. Particulars of the agreement. In the absence of any relevant information, the Committee reminds the Government that, under the Convention, the name of the vessel or vessels on board which seafarers undertake to serve needs not only to be specified in agreements for a voyage as provided in section 6(3) of Decree No. 1015 of 16 June 1995, but also in agreements for a definite or indefinite period.

Article 14, paragraph 2. Issue of a separate certificate on the quality of the seafarer’s work. In response to previous comments, the Government indicates that this provision of the Convention is implemented by section 12 of Decree No. 1015/1995. The Committee considers, however, that section 12 of Decree No. 1015/1995 in conjunction with Resolution No. 35 of 15 June 1995 is rather giving effect to Article 5(1) and (2) and Article 14(1) as it provides for a document (libreta de embarco), which contains a record of the seafarer’s employment on board and a discharge entry, without including any statement as to the quality of the seafarer’s work or as to wages. In contrast, Article 14(2) refers to a document other than the record of employment, namely a separate certificate as to the quality of the seafarers’ work, that seafarers have the right to obtain, at all times, from the master.

In this context, the Committee wishes to point out that the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date instrument in the field of, inter alia, seafarers’ employment agreements, does not take over all provisions of the present Convention. Thus, the MLC, 2006, does neither require the indication in the agreement of the name of the vessel(s) (Article 6(3)(3) of Convention No. 22) nor the issue of a separate certificate on the quality of the seafarer’s work (Article 14(2) of Convention No. 22). The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, which would entail the denunciation of the present Convention. The Committee would appreciate if, in its next report, the Government would communicate information on any consultations held in this regard and on any progress achieved towards the ratification of the MLC, 2006.