Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Articles 3 and 6, paragraph 3, of the Convention. In its previous comments, the Committee noted that section 353 of the Organic Labour Act only required that an employment contract be concluded in the absence of a collective agreement. It points out once again to the Government that States ratifying the Convention are under the obligation to take the necessary steps to ensure that seafarers' work is governed by articles of agreement signed by the ship owner or his representative (Article 3), even if there is a collective agreement in force in this area, since Article 6, paragraph 3, contains elements which could not, by their very nature, be included in collective agreements. The Committee trusts that the Government will soon take the measures necessary to bring its legislation into conformity with these provisions of the Convention.

Article 8. The Committee notes from the Government's report that no changes have been made in respect of the application of this provision and that seafarers are able to obtain information on their rights and obligations before arriving on board ship. It recalls that under Article 8, national law shall lay down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment, either by posting the conditions of the agreement in a place easily accessible from the crew's quarters, or by some other appropriate means. It again requests the Government to take the necessary measures to bring its legislation into conformity with this provision of the Convention.

Article 9, paragraph 1. The Committee noted previously that under section 5 of the 1992 Regulations on labour on board vessels sailing at sea and on inland waterways, the employment contract may not be terminated when the vessel is in foreign waters or uninhabited places, such that in practice, when the vessel is undertaking a long voyage without any return to a Venezuelan port, the seafarer's right to terminate the abovementioned contract may be severely restricted. The Committee notes the Government's statement that the cases foreseen under section 5 of this regulation are intended to ensure minimum safety conditions. The Committee points out that this applies more closely to paragraph (c) of section 5, but not necessarily as regards the provisions of paragraph (b). The Committee is therefore obliged to repeat that the provisions of the legislation must allow termination, on the seafarer's initiative, of an agreement for an indefinite period in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall have been given. It requests the Government to supply information on measures adopted in this connection.

Article 13, paragraph 1. The Committee notes that the Government, in reply to the comments it has been making for many years, again indicates that the Organic Labour Act enables any worker to terminate an appointment for an indefinite period either by a prescribed period of notice, or by paying compensation (section 107); in cases of termination of fixed-term appointments without proper cause, the worker must pay compensation for damage and injury (section 110). The Committee recalls that, by virtue of this article of the Convention, where a seaman shows to the satisfaction of the ship owner or his agent that he can obtain command of a vessel or an appointment as mate or engineer or to any other post of a higher grade than he actually holds, or that any other circumstance has arisen since his engagement which renders it essential to his interests that he should be permitted to take his discharge, he may claim his discharge, provided that without increased expense to the ship owner and to the satisfaction of the ship owner or his agent he furnishes a competent and reliable man in his place. The Committee requests the Government to indicate the measures to ensure application of this provision of the Convention.

Article 14, paragraph 2. With reference to the Government's indication that this provision of the Convention is directly applicable, the Committee recalls that, under Article 15 of the Convention, national legislation must provide for adequate measures such as to ensure compliance with the provisions of this Convention. It again requests the Government to take the measures necessary to give effect to this provision.

Part V of the report form. With reference to its previous comments, the Committee again requests the Government to provide information on the number of seamen signed on and also a specimen of the seafarer's discharge book currently in force.