Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(1) and (4) of the Convention. Conditions and safeguards for the signature of the agreement. The Committee understands that national law does not contain any provisions seeking to ensure that seafarers are given an opportunity to examine and seek advice on the agreement before signing and that they enter into an agreement with a sufficient understanding of their rights and responsibilities. The Committee accordingly asks the Government to take the necessary measures to ensure that national law gives full effect to the requirements of this Article of the Convention.

Article 6(10). Contract details. The Committee notes that section 195 of the Federal Labour Act does not include the conditions for the termination of the agreement, whether made for a definite period, for a voyage or for an indefinite period, among the particulars that need to be included in the agreement. The Committee asks the Government to take appropriate action to ensure conformity with the Convention in this regard.

Article 7. Crew list. The Committee understands that there are no provisions in national legislation that require seafarers’ articles of agreement to be either recorded in or annexed to the crew list. The Committee asks the Government to take the necessary measures to give effect to this Article of the Convention.

Article 8. Information on conditions of employment available on board. The Committee understands that national law does not provide for measures enabling clear information to be obtained on board as to the conditions of employment, for instance by posting the conditions of the agreement in a place easily accessible. The Committee accordingly asks the Government to take the necessary measures in order to implement the requirements of this Article of the Convention in law and practice.

Article 9(1). Termination of agreement. For a considerable number of years, the Committee has been asking the Government to amend section 209 III of the Federal Labour Act, to ensure that the agreement may be terminated at any time by either party provided that due notice is given. In the absence of any progress in this respect, the Committee is obliged once more to urge the Government to take all necessary measures in order to bring the national legislation into conformity with this Article of the Convention.

Article 13(1). Termination of agreement by the seafarer in the event of promotion. The Committee understands that there are no provisions in national legislation permitting seafarers to claim their discharge, in the event of promotion or other circumstances that render it essential for their interests, on condition that they furnish a competent and reliable replacement. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

Article 14(1). Discharge. The Committee has been drawing the Government’s attention to the fact that the seafarer’s document issued in accordance with Article 5 of the Convention, provided no space to enter the discharge of the seafarer and the duties they performed on board. In its latest report, the Government indicates that it is currently working on a new model maritime book (libreta de mar) that will include a space to enter the discharge of the seafarer and the duties performed on-board. The Committee requests the Government to keep the Office informed of any developments in this regard and to transmit a sample copy of the new maritime book once it has been prepared.

Finally, the Committee takes this opportunity to recall that the Maritime Labour Convention, 2006 (MLC, 2006), contains in Regulation 2.1, Standard A2.1 and Guideline B2.1 up-to-date and more detailed requirements on seafarer’s employment agreements that revise existing standards set out in Convention No. 22. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.