The Committee notes the reports submitted by the Government on the application of maritime Conventions Nos 22, 133, 146, 147, 163, 164, 166 and 178. With a view to providing an overview of the matters raised in relation to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes the Government’s indications that the Tripartite Committee on Maritime Working Conditions (CT–Maritime) has held several meetings on issues relating to the ILO maritime Conventions, with a primary focus on the implementation of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Government also indicates that it is in the process of ratifying MLC, 2006, after which it will adopt regulations to implement the Convention in domestic legislation. Pending the ratification of MLC, 2006, the discussions held by the CT–Maritime will continue in order to bring the existing legislation into conformity with the requirements of the maritime Conventions in force, based on the Committee’s comments. The Committee further notes the information provided by the Government on the inspections carried out regarding the issues covered by the maritime Conventions.

The Committee observes that, based on the recommendations of the Special Tripartite Committee established under MLC, 2006, the Governing Body decided that countries bound by, inter alia, Conventions Nos 22, 146 and 166 should be encouraged to ratify MLC, 2006, which would involve the automatic denunciation of these Conventions (GB.334/LILS/2(Rev.)). In this regard, the Committee encourages the Government to ratify MLC, 2006, and requests the Government to provide information on any progress achieved in this regard.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 3 of the Convention. Agreement signed by shipowners or their representatives and by seafarers. In its previous comment, in light of the fact that section 443 of the Consolidated Labour Laws (CLT) provides that a contract of employment may be either written or oral, the Committee requested the Government to indicate how it is ensured that the seafarer’s contract of employment is signed both by the shipowner or his or her representative and by the seafarer. The Committee observes that the Government repeats the information provided previously and adds that labour inspectors verify the existence of a valid employment agreement signed by the shipowner or his or her representative and by the seafarer, in accordance with all of the requirements set out in the Convention. The Government also indicates that, pursuant to section 13 of the CLT, each worker has an employment and social security record card on which they must record all employment and which must be signed by their employer. While observing that, according to the Government’s indication, Article 3 is applied in practice, the Committee recalls that Article 3 of Convention No. 22 (a provision that has been incorporated into MLC, 2006), each Member shall adopt laws or regulations requiring all seafarers working on ships that fly its flag to have a seafarers’ employment contract signed by both the seafarer and the shipowner or a representative of the shipowner. The shipowner and the seafarer concerned shall each have a signed original of the seafarers’ employment agreement. This agreement must also contain the information required by Article 6 of the Convention. The Committee requests the Government to indicate the legislative measures adopted that require seafarers to have an employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner.

Article 6. Particulars of articles of agreement. In its previous comment, the Committee requested the Government to indicate the manner in which it ensures that seafarers’ employment contracts contain the particulars listed in Article 6(3). In view of the lack of information provided by the Government, the Committee requests it to supply information in this regard.

Article 14(2). Certificate on quality of work. In its previous comment, the Committee requested the Government to indicate the measures taken to ensure that seafarers have at all times the right to obtain from the master a certificate on quality of work. The Committee notes the Government’s indication that, in order to give full effect to this Article of the Convention, discussions were initiated within the CT-Maritime and are ongoing. The Committee requests the Government to provide information on the measures adopted to give effect to Article 14(2) of the Convention.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 5(1)–(9). Sleeping rooms. Article 6(1). Floor area of mess rooms. Article 7. Recreation facilities. Articles 8(1)–(5) and (7), and 9. Sanitary facilities. Article 10. Minimum headroom. Article 11. Lighting. In its previous comment, the Committee noted that the issues addressed with regard to the requirements on sleeping rooms, floor area of mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting, would be discussed by the National Standing Committee for Waterways (CPNA) and the CT–Maritime, and requested the Government to provide information on the progress achieved in this regard. The Committee notes the Government’s indication that the discussions are ongoing in the CPNA and the CT–Maritime in order to bring the legislation into force, particularly Regulation No. 30 on maritime occupational safety and health, into conformity with the Convention. The Committee encourages the Government to take, without delay, the necessary measures to ensure conformity with the detailed requirements of the Convention regarding sleeping rooms, mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Article 9. Cash payment in lieu of leave. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that, due to its ratification, Convention No. 146 was the force of law. In this way, section 143 of the CLT, under which seafarers are allowed to request that one third of their leave entitlement take the form of a cash payment, is applied in conjunction with Article 9 of the Convention, which allows for annual leave to be substituted by a cash payment only in exceptional cases. The Government adds that the labour inspectorate carries out inspections with a view to ensuring that the substitution of annual leave is only permitted in accordance with Article 9 of the Convention.

Article 10. Time of annual leave. In its previous comment, the Committee requested the Government to provide information on the progress achieved by the CT–Maritime in ensuring conformity with Article 10(1) of the Convention, which provides that the time at which the leave is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation and, as far as possible, in agreement with the seafarer concerned or his or her representatives. The Committee notes the Government’s indication that section 136 of the CLT, which provides that annual leave shall be granted at a period most convenient to the employer’s interests, subject to the exceptions specified, does not require the time of annual leave to be agreed upon with the worker. The Government indicates, however, that collective agreements may comply with Article 10(1), as they provide for more favourable conditions for workers with regard to determining the time of annual leave. The Committee requests the Government to adopt the necessary measures to ensure full conformity with Article 10(1) of the Convention and requests it to provide information in this regard.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(i). Safety standards. Medical examination. In its previous comment, the Committee requested the Government to indicate: (i) whether the nature of the medical examination to be made and the particulars to be included in the medical certificate were prescribed by the competent authority after consultation with the shipowners’ and seafarers’ organizations concerned (Article 4(1) of Convention No. 73); (ii) whether the medical certificate attests the particulars listed in Article 4(3) of Convention No. 73; and (iii) the period of validity of the medical certificate (Article 5(1) of Convention No. 73). The Committee notes that section 30.5.4 of Regulation No. 30, as amended, provides that the medical criteria and medical certificate template established in Table III must be applied for maritime workers operating vessels intended for navigation in the open sea. The Committee notes that the minimum criteria for medical examinations and the medical certificate template, which are in conformity with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), are in conformity with Convention No. 73.

Article 2(a)(ii). Social security measures. In its previous comment, the Committee noted the Government’s indication on Decree No. 3048/99, which provides the basis for free health and medical care for all workers in Brazil. The Government also supplied information on the allowances provided in case of occupational sickness or industrial accident. The Committee requested the Government to indicate which of the three Conventions, that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130), it intended to apply for the purposes of this Convention. The Committee notes the Government’s indication that social security benefits, for both sickness and accidents, are the responsibility of the Ministry of Social Security, and are determined based on the form of contribution and not on the sector of work. The Government also indicates that it has not ratified any of the three Conventions on social security. The Committee recalls that Article 2(a)(ii) of Convention No. 147 provides that each Member undertakes to have laws or regulations laying down, for ships registered in its territory, appropriate social security measures; and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to one of the above Conventions, in so far as the Member is not otherwise bound to give effect to the Conventions in question. The Committee observes that, in accordance with Article 2(a)(ii), for not having ratified any of these three Conventions, Brazil is required to demonstrate that the provisions contained in domestic legislation are substantially equivalent to those contained in one of the three Conventions (Nos 55, 56 or 130). The Committee requests the Government to provide information on the manner in which it has adequately demonstrated that its domestic legislation is substantially equivalent to at least one of Conventions Nos 55, 56 and 130 with regard to seafarers working on board ships registered in its territory.

Article 2(a)(iii). Shipboard conditions of employment. Freedom of association. In its previous comment, the Committee requested the Government to keep the Office informed of any progress made in the process of revision of the CLT with regard to trade union rights. The Committee notes the adoption of Act No. 13467 reforming the CLT, with regard to, inter alia, freedom of association issues. The Committee recalls that, in accordance with Article 2(a)(iii) of the Convention, each Member which ratifies this Convention undertakes to have laws or regulations laying down shipboard conditions of employment and shipboard living arrangements, and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, including Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in so far as the Member is not otherwise bound to give effect to the Conventions in question. The Committee requests the Government to indicate the manner in which the reform of the CLT affects the respect of the freedom of association of seafarers working on board ships registered in Brazil.

Seafarers’ Welfare Convention, 1987 (No. 163)

Articles 2(1) and 5. Welfare facilities and services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently. The Committee notes the information provided by the Government on the welfare services at sea and in port, and on the inspections carried out in this regard. However, it observes that the Government does not provide information on the measures adopted to guarantee that welfare facilities and services are reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry, as set out in Article 5 of the Convention. The Committee once again requests the Government to provide information on the measures adopted to give full effect to Article 5 of the Convention.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)

Article 5(4). Inspection of the medicine chest at regular intervals. In its previous comments, the Committee requested the Government to indicate the manner in which it is ensured that the medicine chest and medical equipment carried on board are inspected at regular intervals not exceeding 12 months. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide, without delay, information on the progress achieved in this regard.

Article 8. Medical doctor on board ships. In its previous comments, the Committee requested the Government to adopt measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor as a member of the crew. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide information on the progress achieved in this regard.

Article 9(1). Persons in charge of medical care. In its previous comment, the Committee noted that under section 0113 of NORMAM-01/DPC, ships engaged in coastal navigation must carry a nurse or health auxiliary for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. The Committee recalled that, in accordance with Article 9(1) of the Convention, all ships to which this Convention applies and which do not carry a doctor shall carry as members of the crew one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. The Committee therefore requested the Government to indicate the manner in which it is ensured that ships engaged in coastal navigation for voyages of under 48 hours for passenger ships and under 72 hours for cargo ships carry one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide, without delay, information on the progress achieved in this regard.

Article 12. Standard medical report form. In its previous comments, the Committee requested the Government to adopt a standard medical report form as required by the Convention. The Committee notes that the Government, as in its previous report, refers to the seafarers’ health certificate and not to the medical report form, the requirements for which are set out in Article 12 of the Convention. The Committee recalls that a medical certificate attests the aptitude of a person to work as a seafarer (see comment on Convention No. 147, Article 2(a)(i)), while a medical report form is a model for use by ships’ doctors, masters or persons in charge of medical care on board and hospitals or doctors ashore, and is designed to facilitate the exchange of medical and related information concerning individual seafarers in cases of illness or injury (Article 12(1) and (2)). The Committee once again requests the Government to take the necessary measures to adopt a standard medical report form as required by Article 12 of the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166)

Articles 4(5), 6, 7 and 12. Arrangements for repatriation. In its previous comments, the Committee requested the Government to adopt supplementary provisions to Decree No. 6968 of 29 September 2009, in order to regulate the following matters which are not contained in the Decree: (i) prohibiting the shipowner from requiring an advance payment to cover repatriation costs (Article 4(5)); (ii) entitling the seafarer to obtain their passport and identity documents for the purpose of repatriation (Article 6); (iii) prohibiting the deduction of time spent awaiting repatriation or repatriation travel time from paid leave (Article 7); and (iv) ensuring that the text of the Convention is available to crew members in an appropriate language (Article 12). The Committee notes the Government’s indication that, since its ratification by Brazil, Convention No. 166 has the force of law, and must be applied throughout the national territory. The Government also indicates that the various regulatory instruments in force in Brazil coexist in a harmonious and complementary manner, and in case of conflict between regulations, those most favourable to the workers are applied.

Labour Inspection (Seafarers) Convention, 1996 (No. 178)

Article 3(3). Inspection following substantial changes. In its previous comments, the Committee requested the Government to specify which provision of NORMAM-01/DPC ensures that ships flying the Brazilian flag are inspected within three months of substantial changes in construction or accommodation arrangements. The Committee notes the Government’s indication that the initial inspection for the issuance of navigation safety certificates are carried out during or after the construction, alteration or substantial alteration of a ship, including in cases of substantial changes. The Government also indicates that, despite the fact that NORMAM-01/DPC does not provide for a specific period of time in which initial inspection visits must be carried out, NORMAM-06/DPC specifies that one of the requirements for recognition as a classification society that issues certificates is the maintenance of a permanent administrative and technical structure capable of addressing inspection requests within 48 hours. The Committee also notes the Government’s indication that, in practice, inspection visits are carried out at the request of the person concerned within three months. The Committee observes that the scope of application of the provisions on inspection visits (chapter 10 of NORMAM-01/DPC) does not extend to all of the ships covered by Convention No. 178, that is, “every seagoing ship, whether publicly or privately owned, which is registered in the territory of a Member for which the Convention is in force and is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose” (Article 1(1)), with the exception of the vessels described in Article 1(4). The Committee requests the Government to indicate the measures adopted to ensure that all ships covered by the Convention are inspected within three months after substantial changes in construction or accommodation arrangements have been made, in accordance with Article 3(3) of the Convention.

Article 6. Compensation for unreasonable detention or delay. The Committee notes that the Government indicates, in response to its previous request that shipowners who suffer any damage as the result of the detention of the ship by the inspectorate may bring their case before the courts, which will examine the case and determine whether any compensation is due or any other compensatory measures are to be taken.

Articles 8 and 9. Annual reports and inspection reports. In its previous comments, the Committee requested the Government to adopt the necessary measures to ensure that an annual report is prepared (Article 8) and that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection (Article 9). The Committee notes that, with regard to the requirements on annual inspection reports, the Government indicates that the Federal System of Labour Inspection – Web (SFIT-Web) came into operation in 2015, and that the Inspection Report Unit was to be established in December 2016, thus allowing for the issuance of annual reports that included information on the ships inspected, the results of the inspections, and on the labour inspectors.

With regard to the requirements on inspectors’ reports, the Committee notes the Government’s indication that, copies of inspection reports are not usually posted on the ship’s notice board, but rather are only sent to workers’ trade union representatives, to ensure the confidentiality of the information on seafarers (particularly in the case of accidents). Following discussions on the need to meet the requirements of the Convention in this regard, a standard report form was developed and submitted for adoption by the Secretariat of Labour Inspection.

The Committee also notes the Government’s indication that, in accordance with Ministry of Labour Order No. 643 of 2016, the time limit for the submission of inspection reports will be determined by the inspection directorate. Consequently, the conformity of such time limits with the provisions of the Convention will depend on the decision made by this authority. The Committee requests the Government to provide information on the progress achieved to ensure that, in case of an inspection pursuant to a major incident, reports are submitted no later than one month following the conclusion of the inspection, in accordance with Article 9(2) of the Convention.