Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Mexico

Placing of Seamen Convention, 1920 (No. 9) (Ratification: 1939)
Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) (Ratification: 1938)
Sickness Insurance (Sea) Convention, 1936 (No. 56) (Ratification: 1984)

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Placing of Seamen Convention, 1920 (No. 9). Articles 3(2) and 4. Prohibition of the practice of finding employment for seafarers as a commercial enterprise for pecuniary gain. Efficient and adequate system of free employment offices for seafarers. For many years, the Committee has been drawing the Government’s attention to the fact that the Convention prohibits the finding of employment for seafarers for pecuniary gain. The Committee once again observes that the 2006 Regulations on workers’ employment agencies establishes a system in which private paid employment agencies coexist with agencies providing services free of charge. The Committee requests the Government to take the necessary measures to bring the law and practice into conformity with the Convention.

Article 5. Advisory committees. In its previous comments, the Committee requested the Government to take the necessary measures to ensure the establishment of committees consisting of an equal number of representatives of shipowners and seafarers to advise on matters concerning the operation of employment offices for seafarers. The Committee notes that the Government has not provided information on this subject. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). Article 3. In its previous comments, the Committee noted that the national legislation does not establish a duration for the validity of medical certificates for seafarers under 18 years of age, as required by this Article of the Convention. In this regard, the Committee notes with interest the Government’s indication that the ninth section of the Medical requirements for technical personnel in maritime transport, published in September 2010, provides that personnel in the merchant navy shall be subject to a comprehensive psychological and physical examination every two years in order to assess their psychological and physical aptitude to perform safely and efficiently the duties entrusted to them in their maritime workbook, job description or maritime identity document, with the exception of those under 18 years of age, for whom it shall be every six months.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Article 1(1). Coverage of the compulsory sickness insurance scheme. In its previous comments, the Committee requested the Government to indicate whether the agreements concluded between the Mexican Social Security Institute (IMSS) and a number of shipping companies were still in force and whether the compulsory social security scheme, in the absence of such agreements, covers all seafarers. The Committee notes the Government’s indication that it does not have information on those agreements. The Committee however notes that section 12(I) of the Social Security Act provides that those persons shall be covered by insurance under the compulsory scheme, which includes sickness insurance, who, in conformity with sections 20 and 21 of the Federal Labour Act, perform paid work or provide personal or subordinate services, permanently or occasionally, to other associations, persons or economic units without legal personality, irrespective of the act which gave rise to such services and of the legal personality or economic nature of the employer, even where the latter, under the terms of any special legislation, is exempt from the payment of contributions. The Committee requests the Government to indicate whether these provisions guarantee in practice coverage by the compulsory medical insurance for all seafarers.

Article 7. Right to the insurance benefit after the termination of the engagement. The Committee notes that section 109 of the Social Security Act establishes a period of eight weeks following termination of employment during which entitlement is maintained and envisages the possibility for that period to be extended by the Technical Council of the IMSS at the request of the executive authorities. In this regard, the Committee notes that section 109 of the Act does not establish the period for the conservation of rights such that it covers the normal interval between successive engagements. The Committee requests the Government to indicate the provisions that have been adopted or are envisaged to ensure that seafarers benefit from the right to the sickness insurance benefit, also in the event of sickness occurring during the normal interval between successive engagements.