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

Convenio sobre el contrato de enrolamiento de la gente de mar, 1926 (núm. 22) - Colombia (Ratificación : 1933)

The Committee takes note of the information in the Government’s report.

Article 6, paragraph 3, of the Convention. Particulars of the agreement. The Government states that there has been no change in the legislation. The Committee reminds the Government that, under the Convention, the name of the vessel or vessels on board which seafarers undertake to serve must be specified not only in agreements for a voyage, as provided in article 6(3) of Decree No. 1015 of 1995, but also in agreements for a definite or for an indefinite period. The Committee firmly hopes that the Government will be in a position to indicate in its next report the measures taken or envisaged to require the name of the vessel to be specified in these agreements as well.

Article 9, paragraph 3. Non-termination of the agreement after the registration of the notice. In its last report, the Government provided information concerning suspension of an agreement and its consequences both for the seafarer and the shipowner. The Committee recalls that Article 9 of the Convention concerns voluntary termination of an agreement by either party and not suspension on extraneous grounds. According to Colombian legislation (article 7 of Decree No. 1015 of 16 June 1995), notice, even where properly given, will be void if the parties "agree to re-establish the terms and conditions of the agreement in full". The Committee again asks the Government to provide more detailed information in its next report on the practical effect given to this provision.

Article 14, paragraph 2. Issue of a separate certificate as to the quality of the seafarer’s work. The Committee notes with regret that the Government’s report contains no information on this point. It reminds the Government that, under this Article of the Convention, whatever the reason for the termination or rescission of the agreement, the seafarer has the right to obtain from the captain a separate certificate as to the quality of his work. The Committee requests the Government to take all necessary steps to bring its legislation and practice into line with this provision of the Convention and to provide information in its next report on developments in this matter.