Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre el contrato de enrolamiento de la gente de mar, 1926 (núm. 22) - Brasil (Ratificación : 1965)

The Committee notes the comments made by the Trade Union of Maritime Workers of the Port of Rio Grande concerning the alleged non-observance of the international labour standards on board two vessels, N/T Dunay and N/T Borislav, both flying the flag of Ukraine, and the Government’s response to these comments.

Article 3, paragraph 1, and Article 6, paragraph 3, of the Convention. The Committee recalls that under Article 3, paragraph 1, of the Convention, articles of agreement shall be signed both by the shipowner or his representative and by the seaman. Article 6, paragraph 3, prescribes the particulars that this agreement shall contain.

In its previous comments, the Committee asked the Government to indicate the provisions of the national legislation prescribing that the seaman’s articles of agreement contain the matters set out in Article 6, paragraph 3. It notes the Government’s indication that Brazilian law provides for two types of documents for waterways employees: the Employment and Social Welfare Book (CTPS), and the Registration and Record Book (CIR). The Committee asks the Government to: (i) clarify whether under the legislation of Brazil, in addition to these two documents, a separate written agreement shall be signed between the shipowner or his representative and the seaman; (ii) indicate specific provisions of national laws or regulations prescribing the particulars that must be included into this agreement, and, if this is not the case; (iii) take all necessary legislative and practical measures to ensure that such separate agreement is signed between the shipowner and seamen, containing particulars mentioned in Article 6 of the Convention.

Article 9, paragraph 1. The Committee notes the Government’s indication that the national law does not provide for any justifiable grounds for dismissal other than extremely serious breaches listed in section 482 of the Codification of Labour Laws, as approved by Decree No. 5452, of 1 May 1943 (as amended). It asks 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, in cases other than "discharge for just cause".

Article 14, paragraph 2. In its previous comments, the Committee asked the Government to indicate the provisions of national law providing the right for all seamen, in addition to the record mentioned in Article 5, 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. It notes the Government’s indication that there are no provisions in national law that establish a seaman’s right to obtain from the master a certificate as to the quality of his work. The Committee asks the Government to take the necessary measures to give full effect to the requirements of this provision of the Convention.