Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 - Equateur (Ratification: 1978)

Articles 3 and 6 of the Convention. Written form and content of articles of agreement. The Committee recalls its previous comment in which it requested the Government to take measures to ensure that fishers are employed only under written contracts, as required under Article 3(1) of the Convention, and that such contracts contain all the particulars enumerated in Article 6(3) of the Convention. While noting the Government’s reference to section 19 of the Labour Code, which provides that contracts for work requiring technical knowledge and skills must be concluded in writing, the Committee requests the Government to indicate how it is ensured in practice that all fishers have written contracts of employment or work agreements. The Committee recalls, in this respect, that the same requirement has been incorporated in Article 18 and Annex II of the Work in Fishing Convention, 2007 (No. 188).

Articles 5 and 8. Records of employment and onboard information on conditions of employment. In its previous comment, the Committee requested the Government to specify whether provision is made for a record of employment to be maintained for every fisher and also how it is ensured that fishers may obtain on board clear information as to the conditions of employment applicable to them. In the absence of any new information on this point, the Committee again requests the Government to indicate how effect is given to these requirements of the Convention both in law and in practice. The Committee recalls, in this respect, that the same requirements have been incorporated in Articles 17(b) and 18 of Convention No. 188.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide general information on the application of the Convention in practice, including, for instance, information concerning the number of fishers signed during the reporting period and inspection results showing the number of infringements observed and penalties imposed.