Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre la marina mercante (normas mínimas), 1976 (núm. 147) - Brasil (Ratificación : 1991)

Article 2(a)(i) of the Convention. Safety standards. Hours of work. The Committee notes the Government’s reference to sections 248–252 of the Consolidation of Labour Laws (CLT) and collective agreements regulating hours of work. Recalling that limits on maximum hours of work or minimum hours of rest have been incorporated in Standard A2.3(4) of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to transmit sample copies of applicable collective agreements regulating hours of work and rest of seafarers.

Article 2(a)(i). Safety standards. Medical examination. The Committee notes the Government’s explanations concerning the system of compulsory medical examination for all workers. It also notes the reference to section 30.5 of Regulatory Norm No. 30 (NR-30). However, the information provided is not sufficiently detailed with regard to the specific circumstances of work at sea and thus does not allow any conclusive assessment as to whether national laws and regulations are substantially equivalent with the requirements of the Medical Examination (Seafarers) Convention, 1946 (No. 73). The Committee therefore again requests 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). In this respect, the Committee recalls that the same requirements on the seafarers’ medical examination have been incorporated in Regulation 1.2 and the corresponding Code of the MLC, 2006.

Article 2(a)(ii). Social security measures. The Committee notes the Government’s indication that Decree No. 3048/99 provides the basis for free health and medical care for all workers in Brazil. The Government adds that in case of occupational sickness or industrial accident, the employer is responsible for the payment of wages for the first 15 days of cessation of work, the National Social Security Institute being responsible for the payment of monthly benefits throughout the period during which the worker qualifies for sickness allowance. The Committee observes that the information provided is not sufficiently detailed and does not permit an assessment of whether the existing social security regime is substantially equivalent with the requirements of the relevant Conventions listed in the appendix of this Convention. The Committee therefore again requests 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 intends to apply for the purposes of this Convention. It also requests the Government to provide a copy of Decree No. 3048/99 or any other laws or regulations dealing with social security protection for seafarers. In addition, the Committee highlights that the objective of progressive implementation of a comprehensive social security protection for seafarers has been incorporated in Regulation 4.5 and the corresponding Code of the MLC, 2006, and that at the time of its ratification member States are expected to cover at least three of the nine branches enumerated in the Convention.

Article 2(a)(iii). Shipboard conditions of employment. Freedom of association. The Committee notes that freedom of association and the right to organize for Brazilian citizens and foreigners is protected under section 8 of the Federal Constitution. It also notes the Government’s indication that the sections of the CLT on trade union organization to which the Committee had referred in previous comments are currently revised as part of the ongoing labour law reform through the tripartite National Labour Forum. Recalling the importance that the MLC, 2006, attaches to the fundamental right to freedom of association and the right to collective bargaining in its Article III, the Committee requests 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.

Articles 2(f) and 4 of the Convention and Part IV of the report form. Ship inspections. Practical application. The Committee notes the Government’s reference to a document entitled “Application of Convention No. 147 in Brazil: The role of the labour inspectorate” which contains a detailed description of the procedures for investigating complaints and the functioning of the inspection authorities. As this document has not been received by the Office, the Committee requests the Government to forward another copy. It also requests the Government to provide, together with its next report, up-to-date information on the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspection checklist or inspection report form and official publications, such as activity reports of the Special Ports and Waterways Labour Inspection Unit.

Finally, the Committee takes this opportunity to recall that Convention No. 147, as well as 67 other international maritime labour instruments, is revised by the MLC, 2006. It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, while an innovative and comprehensive inspection regime is established in Title 5 of the Convention. In this latter respect, the Committee highlights the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections and the Guidelines for port State control officers as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. Noting that the Government has taken active steps for the early ratification of the MLC, 2006, the Committee requests the Government to keep the Office informed of any further developments in this regard.