Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the changes in national legislation with the entry into force of Act No. 9.537 LESTA of 11 December 1997 concerning traffic safety in national waters and standard NORMAM-13 governing admission into the occupation, qualification and career of seamen. It requests the Government to supply particulars on the following points.

Article 2, paragraph (b), of the Convention. The Committee notes from the Government’s report that Act No. 9.537 defines the term "seaman" as any person having a qualification approved by the maritime authorities for work on a vessel as a professional (section 2). The Committee recalls that under the Convention the term "seaman" has a broader definition and includes every person employed or engaged in any capacity on board any vessel and entered on the ship’s articles, excluding masters, pilots, cadets and pupils on training ships and duly indentured apprentices, naval ratings, and other persons in the permanent service of a Government. The Government is therefore requested to indicate to the Committee whether national legislation is also applicable to any person employed in any capacity on board vessels flying its flag in accordance with this provision of the Convention and, if not, to indicate the measures it intends to take to ensure compliance.

Article 5. The Committee notes that standard NORMAM-13 no longer contains the points contrary to the Convention formerly contained in the Regulation on Maritime Traffic (RTM), repealed by Act No. 9.537. It notes, however, from the Government’s report that Act No. 9.537 and the Consolidation of Labour Laws (section 442) provide that the registration document issued to every seaman must specify the type of contract and the form of payment. The Committee reminds the Government that under Article 5, paragraph 2, of the Convention the document issued to the seaman shall not contain any statement as to his wages and requests the Government to explain what is meant by the expression "form of payment".

The Committee requests the Government to supply an example of the document mentioned in Article 5, paragraph 1, of the Convention.

Article 6. The Government is requested to indicate the provisions of its legislation prescribing that the seaman’s articles of agreement must contain the matters set out in Article 6, paragraph 3, of the Convention.

Article 9, paragraph 1. The Committee notes that under section 487 of the Consolidation of Labour Laws, termination without fair grounds of an agreement for an indefinite period requires the party exercising this right to inform the other party at least 30 days in advance. The Government is requested to indicate the procedure applicable for termination on fair grounds. The Committee also requests the Government to indicate the legislative provisions allowing termination by either party of an agreement for an indefinite period in any port where a vessel loads or unloads provided that notice of not less than 24 hours is given.

Article 13. The Committee notes that under the regulations in force a seaman may be promoted to the category immediately higher only after acquiring the necessary supplementary qualifications. It requests the Government to indicate the measures by which provisions of Article 13 of the Convention allowing a seaman to claim his discharge when he can obtain a post of a higher grade are given full effect.

Article 14, paragraph 2. The Committee requests the Government to indicate the provisions in domestic law providing the right for all seamen to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement.