Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Argentina (Ratificación : 2014)

Otros comentarios sobre C186

Solicitud directa

2022
2018

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The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), and the observations of the General Confederation of Labour of the Argentine Republic (CGT–RA), received on 2 September 2016. The Committee notes that the Government previously ratified nine Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006 for Argentina. The Committee also notes that the amendments to the Code approved by the International Labour Conference in 2014 entered into force for Argentina on 18 January 2017. It further notes that the Government’s report was received before the entry into force of the 2014 amendments. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f) and 2, of the Convention. Scope of application. Seafarers. The Committee notes that the Government indicates, without referring to any legislative provisions, that the definition of “seafarer” includes all persons working on a ship except cadets. The Committee observes that the Act establishing on-board employment regulations for seafaring personnel (Act No. 17371/1967) provides that the recruitment and composition of crews and the on board regulations for staff, irrespective of their nationality, occupational category or duties, who serve on ships registered in Argentina and national naval craft, shall be governed by the present Act, which shall be applicable to overseas, coastal and river shipping, and to navigation in ports and inland waters, but not to recreational vessels. The crew, constituted from the aforementioned personnel, comprises the captain, officers and other members. The provisions of the Act are also applicable to other workers who, without being enlisted as crew members, perform other activities on board, without prejudice to any particular statutes or regulations which are applicable to them (section 1). The Committee also notes that the Shipping Act (No. 20094/1973) defines “on-board personnel” as persons who exercise a profession, trade or occupation on ships and naval craft. Every member of the on-board personnel, after registration in the National Register of Shipping Personnel, must have an “embarkation book” to be able to board, or work in any capacity on, ships or naval craft registered in Argentina. According to their specific duties, on-board personnel belong to the following departments: (a) deck; (b) engine room; (c) communications; (d) administration; (e) health care; and (f) pilotage (sections 106, 107 and 109). The Committee observes that on the basis of the information available and the aforementioned provisions it is not possible to determine whether the protection afforded by the legislation giving effect to the MLC, 2006, covers “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”, in accordance with Article II, paragraphs 1(f) and 2, of the Convention. The Committee requests the Government to provide clear and detailed information in this regard, indicating the applicable legislative provisions.

Cadets. The Committee notes the Government’s indication that the definition of “seafarer” excludes any persons who are on board in the capacity of cadets. The Committee notes that the Government refers in this respect to the Maritime, River and Lake Shipping Regulations (Decree No. 4516/73, as amended). The Committee recalls that, under Article II, paragraph 1(f), of the Convention, the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The Committee considers that the acquisition of seafarer training on a ship involves by definition working on board and hence there is no doubt that trainees and cadets are to be regarded as seafarers for the purpose of the Convention. The Committee emphasizes that the protection afforded by the Convention assumes particular importance for the most vulnerable categories of workers, including cadets. The Committee recognizes the shortage, both documented and foreseen, of qualified officers with regard to ensuring that ships engaged in international trade have an adequate crew and can be operated effectively, and also the difficulties encountered in ensuring that cadets complete the minimum period of compulsory service on board which forms part of the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) for obtaining certification. The Committee recalls that under Article VI, paragraph 3, of the Convention, governments in consultation with the social partners may, if necessary and in conformity with the Convention, apply substantially equivalent measures to cadets. The Committee therefore requests the Government to take the necessary steps to ensure that cadets are regarded as seafarers and enjoy the protection afforded by the Convention.

Article V. Implementation and enforcement. The Committee observes that the Government has not provided any information on the measures taken to prohibit violations of the requirements of the Convention, establish sanctions and require the adoption of corrective measures to discourage such violations. The Committee therefore requests the Government to provide information in this regard.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that Decree No. 1117/2016 of the Ministry of Labour, Employment and Social Security, determining hazardous types of work for young persons, prohibits young persons under 18 years of age from carrying out work at sea and on inland waterways, whatever the activity or task. However, the Committee observes that, under section 501.0107 of Decree No. 4516/73 referred to above, young persons between 16 and 18 years of age can only be enlisted as cadets in the specialist areas set forth in the Decree. Recalling that the Convention does not provide for exceptions to the prohibition on hazardous work and that cadets must be regarded as seafarers for the purpose of the Convention (see Article II above), the Committee requests the Government to indicate the measures taken to bring its legislation into conformity with the provisions of the Convention.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that the legislation referred to by the Government with respect to Regulation 1.2 (section 113 of the Shipping Act (No. 20094/1973); section 502.0104 of Decree No. 4516/73; and Ordinance No. 2/13 of the Argentine Naval Authority) refers to “on-board personnel of the national merchant navy”. Referring to its comments on Article II, the Committee observes that it is not clear whether the term “on-board personnel” also covers seafarers who perform tasks on board without being part of the ship’s crew and whose services are not directly related to seafaring activity. The Committee requests the Government to clarify whether the abovementioned legislation relating to medical certificates applies to all seafarers as defined by the Convention and to indicate the relevant legislative provisions.

Regulation 1.4 and Standard A1.4, paragraph 3. Recruitment and placement. Service operated by a seafarers’ organization. The Committee notes the Government’s indication that private recruitment services have not been authorized to date. The Government also indicates that under the applicable collective agreements, when a shipowner is in need of personnel to complete a ship’s crew, the corresponding request will be made to the trade union which has signed the agreement concerned. The Committee recalls that under Standard A1.4, paragraph 3(d), it must be ensured that the recruitment and placement service permitted by a collective agreement is operated in an orderly manner and measures are in place to protect and promote seafarers’ employment rights comparable to those provided in paragraph 5 of the aforementioned Standard (including: prohibition of discrimination; prohibition on any fees or other charges for recruitment being imposed on seafarers; and establishment of a system of protection to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner). The Committee requests the Government to indicate the measures taken to ensure full compliance with the requirements of Standard A1.4, paragraph 3(d).

Regulation 1.4 and Standard A1.4, paragraph 9. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee observes that the Government has not provided any information in this respect. The Committee therefore requests the Government to indicate the manner in which it gives effect to Standard A1.4, paragraph 9.

Regulation 2.1 and Standard A2.1, paragraphs 1–4. Seafarers’ employment agreements. Requirements. The Committee notes that the Government, with regard to the requirements of Standard A2.1, paragraph 1, refers to the “adjustment contract” provided for in the applicable collective agreements and supplies two examples of contracts prescribed under the aforementioned collective agreements. The Committee recalls that Standard A2.1, paragraph 1, provides for the adoption of laws or regulations requiring that ships that fly the flag of the member State concerned comply with the following requirements: (a) seafarers working on ships that fly its flag shall have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner providing them with decent working and living conditions on board the ship as required by this Convention; (b) seafarers signing a seafarers’ employment agreement shall be given an opportunity to examine and seek advice on the agreement before signing; (c) the shipowner and seafarer concerned shall each have a signed original of the seafarers’ employment agreement; (d) measures shall be taken to ensure that clear information as to the conditions of their employment can be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including those in ports to be visited; and (e) seafarers shall be given a document containing a record of their employment on board the ship which does not contain any statement as to the quality of the seafarers’ work or as to their wages. The Committee also recalls that, under Standard A2.1, paragraph 1, where a collective bargaining agreement forms all or part of a seafarers’ employment agreement, a copy of that agreement shall be available on board. Where the language of the seafarers’ employment agreement and any applicable collective bargaining agreement is not in English, the following shall also be available in English: (a) a copy of a standard form of the agreement; and (b) the portions of the collective bargaining agreement that are subject to a port State inspection under Regulation 5.2. Lastly, the Committee recalls that under Standard A2.1, paragraph 4, each Member shall adopt laws and regulations specifying the matters that are to be included in all seafarers’ employment agreements governed by its national law. The aforementioned paragraph also sets out the particulars that must appear in such agreements. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Standard A2.1, paragraphs 1–4, of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the Government refers to Ordinance No. 7/14 of the Argentine Naval Authority, which regulates notices and registers for the organization of work on board ship in the context of the STCW, but that it has provided little information on the application of Regulation 2.3. The Committee also observes the Government’s indication that a system is applied involving a minimum number of hours of rest, consisting of ten hours in each 24-hour period and 70 hours in each seven-day period, without specifying the relevant legislation. The Committee recalls that, under Regulation 2.3, each Member shall within the limits set out in Standard A2.3, paragraphs 5–8, fix either a maximum number of hours of work which shall not be exceeded in a given period of time (14 hours in each 24-hour period and 72 hours in each seven-day period), or a minimum number of hours of rest which shall be provided in a given period of time (ten hours in each 24-hour period and 77 hours in each seven-day period). The Committee requests the Government to indicate the measures taken to give effect to Regulation 2.3 and Standard A2.3, indicating the laws or regulations or any other relevant measures applicable in this respect.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. The Committee notes that, as regards the application of Regulation 2.4, the Government refers to Act No. 20744/1976 issuing the employment contract regulations and to the applicable collective agreements. The Committee observes that Act No. 20744, which provides for a period of paid annual leave the duration of which depends on length of service, is not in conformity with Standard A2.4, paragraph 2, which provides that, subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. Even though the collective agreements currently in force establish protection which is in conformity with the Convention, the Committee recalls that Standard A2.4, paragraph 1, of the Convention requires the adoption of laws and regulations determining paid annual leave for seafarers on the basis of a minimum of 2.5 calendar days per month of employment. The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.4, paragraphs 1 and 2.

Regulation 2.5 and the Code. Repatriation. The Committee notes that the Government has provided limited information on the application of Regulation 2.5. The Committee recalls that Standard A2.5.1, paragraph 2, provides that each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing: the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b) and (c) of this Standard; the maximum duration of service periods on board following which a seafarer is entitled to repatriation (such periods must be less than 12 months); and the entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners. The same Standard also prohibits shipowners from requiring that seafarers make an advance payment towards the cost of repatriation (Standard A2.5.1, paragraph 3) and establishes the subsidiary responsibility of the flag State should the shipowner fail to make the necessary arrangements (Standard A2.5.1, paragraph 5). The Committee requests the Government to indicate the measures taken to give effect to Regulation 2.5 and Standard A2.5.1.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes that the minimum safety manning document provided by the Government is a blank sample. It requests the Government to provide for each type of ship (passenger, cargo, etc.) a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that Argentina did not ratify the Accommodation of Crews Convention (Revised), 1949 (No. 92), or the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), which were revised by the MLC, 2006. The Committee also notes that, with regard to Standard A3.1, paragraph 6(h) (measures to prevent the risk of exposure to hazardous levels of noise and vibration and other ambient factors), the Government refers to Ordinance No. 06/16, which establishes the “Code on noise levels on board ships”, adopted by the International Maritime Organization (IMO), for merchant ships flying the national flag. The Committee observes that this Ordinance does not apply to all ships covered by the Convention. The Committee also notes that the Government refers to the provisions of the applicable collective agreements regarding several requirements of Regulation 3.1 and indicates that other requirements will be implemented in the construction of new ships. The Committee recalls that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to indicate the measures taken to give effect to Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention.

Regulation 3.2 and the Code. Food and catering. The Committee notes that, with respect to the application of this Regulation, the Government refers to the provisions of the applicable collective agreements. The Committee also notes that these agreements stipulate that the enterprise shall provide food of good quality and in sufficient quantity to allow menus to be drawn up in accordance with the climatic conditions of the different zones in which the ship navigates. However, the Committee observes that the agreements do not refer to the need for the supply of food and drinking water to be adequate in terms of nutritional value and variety and also to take into account seafarers’ religious requirements and cultural practices regarding food, as required under Standard A3.2, paragraph 2(a). Moreover, the collective agreements do not contain any specific provisions regarding the organization and equipment of the catering department or the training of catering staff (Standard A3.2, paragraph 2(b)). The Committee recalls that Standard A3.2, paragraph 1, of the Convention provides that each Member shall adopt laws and regulations or other measures to provide minimum standards for the quantity and quality of food and drinking water and for the catering standards that apply to meals provided to seafarers on ships that fly its flag. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Regulation 3.2 and Standard A3.2. The Committee also requests the Government to provide information on the measures taken to give effect to Standard A3.2, paragraph 7, concerning the frequency and manner of inspections on board ships in relation to supplies of food and drinking water, spaces and equipment used for storing and handling them, and facilities for the preparation and service of meals.

Regulation 3.2 and Standard A3.2, paragraphs 3–5 and 8. Food and catering. Ships’ cooks. In view of the lack of information supplied by the Government, the Committee requests it to provide information on the laws and regulations or other measures which establish the requirements relating to the minimum age and qualifications of ships’ cooks, including the requirement to carry a fully qualified ship’s cook on ships having more than ten crew members, in accordance with Standard A3.2, paragraphs 3, 4, 5 and 8.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that, as regards the application of Regulation 4.1, the Government refers to general legislation and to legislation concerning medical treatment further to an occupational accident or disease, which are matters covered by Regulation 4.2 of the Convention. The Committee also notes the Government’s indication that the social security regulations apply to contingencies which do not arise from work. The Committee recalls that, under Regulation 4.1 and Standard A4.1, paragraph 1, to the extent consistent with the Member’s national law and practice, medical care and health protection services must be provided free of charge to seafarers while on board ship or landed in a foreign port. Under Standard A4.1, paragraph 4, national laws and regulations shall as a minimum provide for the following requirements: all ships shall carry a medicine chest, medical equipment and a medical guide, according to criteria prescribed by law (paragraph 4(a)); ships carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration shall carry a qualified medical doctor (paragraph 4(b)); and ships which do not carry a medical doctor shall be required to have either at least one seafarer on board who is in charge of medical care or at least one seafarer on board competent to provide medical first aid (paragraph 4(c)). The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 4.1 and Standard A4.1, paragraphs 1 and 4(a), (b) and (c).

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. In view of the lack of information provided by the Government, the Committee requests the Government to indicate the measures to be taken by shipowners for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin.

Regulation 4.2, Standard A4.2.1 and Standard A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes with regard to the application of this Regulation that the Government refers to Ordinance No. 11/97 of the Argentine Naval Authority concerning standards of ship management and operational safety and the prevention of contamination, which give effect to the International Convention for the Safety of Life at Sea (SOLAS), 1974. The Committee notes that the abovementioned Ordinance has been repealed and replaced by Ordinance No. 5/18, which has the same title. The Committee observes that the aforementioned standard only applies to ships of more than 500 gross tonnage engaged in international voyages and hence does not cover all ships covered by the MLC, 2006. The Government also refers to the draft maritime occupational safety and health regulations, which are being revised by the competent authorities. The Committee also observes that, since the Government has not provided a copy of Part II of the Declaration of Maritime Labour Compliance (DMLC), it does not have any information on shipowner practices or on-board programmes for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8). The Committee recalls that, under Regulation 4.3, paragraph 2, each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations. The Committee requests the Government to provide information on the adoption of the maritime labour occupational safety and health regulations or any other legislation which gives effect to Regulation 4.3, paragraph 3, with respect to all ships covered by the Convention, including details of on-board programmes for the prevention of occupational accidents, injuries and diseases provided for in Standard A4.3, paragraph 1(c). The Committee also requests the Government to provide information on the application of Regulation 4.3, paragraph 2 (national guidelines).

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee notes with regard to the application of these provisions that the Government refers to the Occupational Risk Act (No. 24557/1995), which is generally applicable. The Government also mentions Ordinance No. 11/97 (replaced by Ordinance No. 5/18) referred to above, which provides for the reporting of occupational accidents. The Committee observes that this Ordinance does not apply to all ships covered by the Convention. The Committee requests the Government to provide information on the manner in which compliance is ensured with the obligation to report and investigate occupational accidents, injuries and diseases on board all ships covered by the Convention, in accordance with Standard A4.3, paragraphs 5 and 6.

Regulation 4.5 and the Code. Social security. The Committee notes that the Government, in accordance with Standard A4.5, paragraphs 2 and 10, has specified the following social security branches: medical care, sickness benefit, old-age benefit, employment injury benefit, family benefit, maternity benefit and invalidity benefit. The Government indicates that seafarers resident in Argentina have access to all benefits on an equal footing to other workers who contribute to the social security scheme, and it refers to the applicable legislation. The Committee also observes that the Government refers to various bilateral and multilateral agreements concluded by Argentina in relation to social security benefits without providing details of the content of these agreements. The Committee requests the Government to provide more detailed information on social security coverage for seafarers contained in the aforementioned bilateral and multilateral agreements.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. Maritime labour certificate. In view of the lack of information available on this matter, the Committee requests the Government to specify the provisions which govern: (a) the maximum period of validity of the maritime labour certificate (Standard A5.1.3, paragraph 1); (b) the requirements regarding the intermediate inspection (Standard A5.1.3, paragraph 2); and (c) the renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4).

Regulation 5.1.3 and Standard A5.1.3, paragraphs 5–8. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. Interim maritime labour certificate. The Committee notes that, with regard to the application of the provisions concerning the interim maritime labour certificate, the Government refers to sections 16 and 17 of the Additional Protocol concerning inspection in relation to the Maritime Labour Convention 2006 (MLC, 2006), adopted in the context of the mutual cooperation agreement signed on 12 March 2015 by the Ministry of Labour, Employment and Social Security, the Occupational Risk Supervisory Authority and the Argentine Naval Authority (Additional Protocol), which provide that the bodies agree to issue an interim certificate in order to facilitate the commercial exploitation of the ship liable to inspection, with a maximum validity of 90 days from the date of issue or until the definitive certificate is issued. The interim certificate shall be issued to the shipowner by the Ministry within three days of the initial inspection, provided that there are no serious defects which prevent the commercial exploitation of the ship. The Committee observes that these provisions are not in conformity with Standard A5.1.3, paragraphs 5–8, of the Convention (requirements for the issuing of an interim maritime labour certificate). The Committee requests the Government to indicate the measures taken to bring the existing legislation into conformity with the requirements of the Convention laid down in Standard A5.1.3, paragraphs 5–8.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of maritime labour compliance. The Committee notes that the Government has provided a copy of the DMLC, Part I. However, the aforementioned DMLC only mentions, with regard to each Regulation, the references to the applicable national legislation, without indicating the content of those provisions. The Committee recalls that Standard A5.1.3, paragraph 10(a), provides that Part I must “identify the national requirements embodying the relevant provisions of this Convention by providing a reference to the relevant national legal provisions” but must also provide, “to the extent necessary, concise information on the main content of the national requirements”. The Committee also recalls that Guideline B5.1.3, paragraph 1, provides that “where national legislation precisely follows the requirements stated in this Convention, a reference may be all that is necessary.” However, in many cases, a reference will not provide sufficient information on national requirements when these refer to matters in respect of which the MLC, 2006, makes provision for certain differences in national practices. Part I of the DMLC drawn up by the Government of Argentina does not appear to fulfil the objectives laid down in the MLC, 2006, namely to help all persons concerned, such as flag State inspectors, authorized officers in port States and seafarers, to check that the national requirements relating to the 16 listed matters are being properly implemented on board a ship. The Committee requests the Government to take the necessary steps to amend Part I of the DMLC to bring it into conformity with the Convention. Observing that the Government has not provided a copy of Part II of the DMLC, the Committee requests the Government to send copies of two or more examples of Part II of the DMLC which have been prepared by a shipowner and certified by the competent authority for issuing a certificate.

Regulation 5.1.3 and Standard A5.1.3, paragraphs 14–17. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. End of validity and withdrawal of certificate. The Committee requests the Government to indicate the manner in which it gives effect to the requirements of Standard A5.1.3, paragraphs 14 and 15 (circumstances in which a maritime labour certificate ceases to be valid) and paragraphs 16 and 17 (circumstances in which a maritime labour certificate should be withdrawn).

Regulation 5.1.4 and Standard A5.1.4, paragraphs 4, 5 and 10. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indication that, under the Additional Protocol, three authorities have competence for inspections of the MLC, 2006: the Ministry of Labour (Department for the Coordination of Port, Maritime, River and Lake Inspection), the Argentine Naval Authority and the Occupational Risk Supervisory Authority. Section 2 of the Additional Protocol provides that it shall be binding with regard to the inspection of the conditions of work, safety and health of workers on board all publicly or privately owned ships of more than 500 gross tonnage which are usually engaged in commercial activities in international maritime navigation, with the exception of ships engaged in fishing or other similar activities and vessels of handcrafted construction, all the foregoing being in accordance with the provisions of the MLC, 2006. In this regard, the Committee recalls that Regulation 5.1.4 on inspection and enforcement applies to all ships covered by the Convention that fly the Argentine flag and not only those of more than 500 gross tonnage. The Committee requests the Government to indicate the manner in which it gives effect to Regulation 5.1.4, paragraph 1, and to Standard A5.1.4, paragraphs 4, 5 and 10 (intervals for inspections; receipt and investigation of complaints; and protection of confidentiality), indicating the relevant provisions.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Qualified inspectors. The Committee requests the Government to provide detailed information on the obligation to provide clear guidelines for flag State inspectors regarding their tasks and powers, including with regard to cases where ships are detained in port (Standard A5.1.4, paragraph 7(c)).

Regulation 5.1.5. Flag State responsibilities. On-board complaint procedures. The Committee notes that with regard to the application of this Regulation the Government refers to the direct application of the MLC, 2006. In this regard, the Committee recalls that under Standard A5.1.5, paragraph 2, each Member shall ensure that, in its laws or regulations, appropriate on-board complaint procedures are in place. The text of the Convention does not include such procedures but merely indicates the characteristics that they must have. The Committee therefore requests the Government to indicate the measures taken to give effect to Regulation 5.1.5. The Government also indicates that, since the provisions of the MLC, 2006 apply directly, any ship which flies the national flag is obliged to publicize complaint procedures, making available to seafarers an information sheet on the submission of complaints in highly frequented locations on the ship, such as canteens and common areas. While noting this information, the Committee requests the Government to indicate the measures taken to provide seafarers with a copy of the on-board complaint procedures applicable on the ship (in addition to a copy of their seafarers’ employment agreement) including the relevant contact information, in accordance with Standard A5.1.5, paragraph 4.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. The Committee notes that with regard to this Regulation the Government refers to the “Guide for the investigation of casualties”, a publication of the Argentine Naval Authority, which is not available and does not appear to be of a binding nature. The Committee reminds the Government that Regulation 5.1.6 establishes the obligation for each Member to hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag. The Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation for undue detention of a ship. The Committee requests the Government to indicate the provisions or legal principles on the basis of which compensation shall be paid for any loss or damage suffered as a result of a ship being unduly detained or delayed, in accordance with Standard A5.2.1, paragraph 8.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee observes that the Government has not provided any information on the application of this Regulation. The Committee therefore requests the Government to provide information on the manner in which it gives effect to Regulation 5.2.2, indicating the applicable provisions.

[The Government is asked to reply in full to the present comments in 2021.]