Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the reports submitted by the Government on the application of maritime Conventions Nos 22, 133, 146, 147, 163, 164, 166 and 178. With a view to providing an overview of the matters raised in relation to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes the Government’s indications that the Tripartite Committee on Maritime Working Conditions (CT–Maritime) has held several meetings on issues relating to the ILO maritime Conventions, with a primary focus on the implementation of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Government also indicates that it is in the process of ratifying MLC, 2006, after which it will adopt regulations to implement the Convention in domestic legislation. Pending the ratification of MLC, 2006, the discussions held by the CT–Maritime will continue in order to bring the existing legislation into conformity with the requirements of the maritime Conventions in force, based on the Committee’s comments. The Committee further notes the information provided by the Government on the inspections carried out regarding the issues covered by the maritime Conventions.

The Committee observes that, based on the recommendations of the Special Tripartite Committee established under MLC, 2006, the Governing Body decided that countries bound by, inter alia, Conventions Nos 22, 146 and 166 should be encouraged to ratify MLC, 2006, which would involve the automatic denunciation of these Conventions (GB.334/LILS/2(Rev.)). In this regard, the Committee encourages the Government to ratify MLC, 2006, and requests the Government to provide information on any progress achieved in this regard.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 3 of the Convention. Agreement signed by shipowners or their representatives and by seafarers. In its previous comment, in light of the fact that section 443 of the Consolidated Labour Laws (CLT) provides that a contract of employment may be either written or oral, the Committee requested the Government to indicate how it is ensured that the seafarer’s contract of employment is signed both by the shipowner or his or her representative and by the seafarer. The Committee observes that the Government repeats the information provided previously and adds that labour inspectors verify the existence of a valid employment agreement signed by the shipowner or his or her representative and by the seafarer, in accordance with all of the requirements set out in the Convention. The Government also indicates that, pursuant to section 13 of the CLT, each worker has an employment and social security record card on which they must record all employment and which must be signed by their employer. While observing that, according to the Government’s indication, Article 3 is applied in practice, the Committee recalls that Article 3 of Convention No. 22 (a provision that has been incorporated into MLC, 2006), each Member shall adopt laws or regulations requiring all seafarers working on ships that fly its flag to have a seafarers’ employment contract signed by both the seafarer and the shipowner or a representative of the shipowner. The shipowner and the seafarer concerned shall each have a signed original of the seafarers’ employment agreement. This agreement must also contain the information required by Article 6 of the Convention. The Committee requests the Government to indicate the legislative measures adopted that require seafarers to have an employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner.

Article 6. Particulars of articles of agreement. In its previous comment, the Committee requested the Government to indicate the manner in which it ensures that seafarers’ employment contracts contain the particulars listed in Article 6(3). In view of the lack of information provided by the Government, the Committee requests it to supply information in this regard.

Article 14(2). Certificate on quality of work. In its previous comment, the Committee requested the Government to indicate the measures taken to ensure that seafarers have at all times the right to obtain from the master a certificate on quality of work. The Committee notes the Government’s indication that, in order to give full effect to this Article of the Convention, discussions were initiated within the CT-Maritime and are ongoing. The Committee requests the Government to provide information on the measures adopted to give effect to Article 14(2) of the Convention.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 5(1)–(9). Sleeping rooms. Article 6(1). Floor area of mess rooms. Article 7. Recreation facilities. Articles 8(1)–(5) and (7), and 9. Sanitary facilities. Article 10. Minimum headroom. Article 11. Lighting. In its previous comment, the Committee noted that the issues addressed with regard to the requirements on sleeping rooms, floor area of mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting, would be discussed by the National Standing Committee for Waterways (CPNA) and the CT–Maritime, and requested the Government to provide information on the progress achieved in this regard. The Committee notes the Government’s indication that the discussions are ongoing in the CPNA and the CT–Maritime in order to bring the legislation into force, particularly Regulation No. 30 on maritime occupational safety and health, into conformity with the Convention. The Committee encourages the Government to take, without delay, the necessary measures to ensure conformity with the detailed requirements of the Convention regarding sleeping rooms, mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Article 9. Cash payment in lieu of leave. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that, due to its ratification, Convention No. 146 was the force of law. In this way, section 143 of the CLT, under which seafarers are allowed to request that one third of their leave entitlement take the form of a cash payment, is applied in conjunction with Article 9 of the Convention, which allows for annual leave to be substituted by a cash payment only in exceptional cases. The Government adds that the labour inspectorate carries out inspections with a view to ensuring that the substitution of annual leave is only permitted in accordance with Article 9 of the Convention.

Article 10. Time of annual leave. In its previous comment, the Committee requested the Government to provide information on the progress achieved by the CT–Maritime in ensuring conformity with Article 10(1) of the Convention, which provides that the time at which the leave is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation and, as far as possible, in agreement with the seafarer concerned or his or her representatives. The Committee notes the Government’s indication that section 136 of the CLT, which provides that annual leave shall be granted at a period most convenient to the employer’s interests, subject to the exceptions specified, does not require the time of annual leave to be agreed upon with the worker. The Government indicates, however, that collective agreements may comply with Article 10(1), as they provide for more favourable conditions for workers with regard to determining the time of annual leave. The Committee requests the Government to adopt the necessary measures to ensure full conformity with Article 10(1) of the Convention and requests it to provide information in this regard.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(i). Safety standards. Medical examination. In its previous comment, the Committee requested 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). The Committee notes that section 30.5.4 of Regulation No. 30, as amended, provides that the medical criteria and medical certificate template established in Table III must be applied for maritime workers operating vessels intended for navigation in the open sea. The Committee notes that the minimum criteria for medical examinations and the medical certificate template, which are in conformity with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), are in conformity with Convention No. 73.

Article 2(a)(ii). Social security measures. In its previous comment, the Committee noted the Government’s indication on Decree No. 3048/99, which provides the basis for free health and medical care for all workers in Brazil. The Government also supplied information on the allowances provided in case of occupational sickness or industrial accident. The Committee requested 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 intended to apply for the purposes of this Convention. The Committee notes the Government’s indication that social security benefits, for both sickness and accidents, are the responsibility of the Ministry of Social Security, and are determined based on the form of contribution and not on the sector of work. The Government also indicates that it has not ratified any of the three Conventions on social security. The Committee recalls that Article 2(a)(ii) of Convention No. 147 provides that each Member undertakes to have laws or regulations laying down, for ships registered in its territory, appropriate social security measures; and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to one of the above Conventions, in so far as the Member is not otherwise bound to give effect to the Conventions in question. The Committee observes that, in accordance with Article 2(a)(ii), for not having ratified any of these three Conventions, Brazil is required to demonstrate that the provisions contained in domestic legislation are substantially equivalent to those contained in one of the three Conventions (Nos 55, 56 or 130). The Committee requests the Government to provide information on the manner in which it has adequately demonstrated that its domestic legislation is substantially equivalent to at least one of Conventions Nos 55, 56 and 130 with regard to seafarers working on board ships registered in its territory.

Article 2(a)(iii). Shipboard conditions of employment. Freedom of association. In its previous comment, the Committee requested 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. The Committee notes the adoption of Act No. 13467 reforming the CLT, with regard to, inter alia, freedom of association issues. The Committee recalls that, in accordance with Article 2(a)(iii) of the Convention, each Member which ratifies this Convention undertakes to have laws or regulations laying down shipboard conditions of employment and shipboard living arrangements, and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, including Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in so far as the Member is not otherwise bound to give effect to the Conventions in question. The Committee requests the Government to indicate the manner in which the reform of the CLT affects the respect of the freedom of association of seafarers working on board ships registered in Brazil.

Seafarers’ Welfare Convention, 1987 (No. 163)

Articles 2(1) and 5. Welfare facilities and services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently. The Committee notes the information provided by the Government on the welfare services at sea and in port, and on the inspections carried out in this regard. However, it observes that the Government does not provide information on the measures adopted to guarantee that welfare facilities and services are reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry, as set out in Article 5 of the Convention. The Committee once again requests the Government to provide information on the measures adopted to give full effect to Article 5 of the Convention.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)

Article 5(4). Inspection of the medicine chest at regular intervals. In its previous comments, the Committee requested the Government to indicate the manner in which it is ensured that the medicine chest and medical equipment carried on board are inspected at regular intervals not exceeding 12 months. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide, without delay, information on the progress achieved in this regard.

Article 8. Medical doctor on board ships. In its previous comments, the Committee requested the Government to adopt measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor as a member of the crew. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide information on the progress achieved in this regard.

Article 9(1). Persons in charge of medical care. In its previous comment, the Committee noted that under section 0113 of NORMAM-01/DPC, ships engaged in coastal navigation must carry a nurse or health auxiliary for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. The Committee recalled that, in accordance with Article 9(1) of the Convention, all ships to which this Convention applies and which do not carry a doctor shall carry as members of the crew one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. The Committee therefore requested the Government to indicate the manner in which it is ensured that ships engaged in coastal navigation for voyages of under 48 hours for passenger ships and under 72 hours for cargo ships carry one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide, without delay, information on the progress achieved in this regard.

Article 12. Standard medical report form. In its previous comments, the Committee requested the Government to adopt a standard medical report form as required by the Convention. The Committee notes that the Government, as in its previous report, refers to the seafarers’ health certificate and not to the medical report form, the requirements for which are set out in Article 12 of the Convention. The Committee recalls that a medical certificate attests the aptitude of a person to work as a seafarer (see comment on Convention No. 147, Article 2(a)(i)), while a medical report form is a model for use by ships’ doctors, masters or persons in charge of medical care on board and hospitals or doctors ashore, and is designed to facilitate the exchange of medical and related information concerning individual seafarers in cases of illness or injury (Article 12(1) and (2)). The Committee once again requests the Government to take the necessary measures to adopt a standard medical report form as required by Article 12 of the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166)

Articles 4(5), 6, 7 and 12. Arrangements for repatriation. In its previous comments, the Committee requested the Government to adopt supplementary provisions to Decree No. 6968 of 29 September 2009, in order to regulate the following matters which are not contained in the Decree: (i) prohibiting the shipowner from requiring an advance payment to cover repatriation costs (Article 4(5)); (ii) entitling the seafarer to obtain their passport and identity documents for the purpose of repatriation (Article 6); (iii) prohibiting the deduction of time spent awaiting repatriation or repatriation travel time from paid leave (Article 7); and (iv) ensuring that the text of the Convention is available to crew members in an appropriate language (Article 12). The Committee notes the Government’s indication that, since its ratification by Brazil, Convention No. 166 has the force of law, and must be applied throughout the national territory. The Government also indicates that the various regulatory instruments in force in Brazil coexist in a harmonious and complementary manner, and in case of conflict between regulations, those most favourable to the workers are applied.

Labour Inspection (Seafarers) Convention, 1996 (No. 178)

Article 3(3). Inspection following substantial changes. In its previous comments, the Committee requested the Government to specify which provision of NORMAM-01/DPC ensures that ships flying the Brazilian flag are inspected within three months of substantial changes in construction or accommodation arrangements. The Committee notes the Government’s indication that the initial inspection for the issuance of navigation safety certificates are carried out during or after the construction, alteration or substantial alteration of a ship, including in cases of substantial changes. The Government also indicates that, despite the fact that NORMAM-01/DPC does not provide for a specific period of time in which initial inspection visits must be carried out, NORMAM-06/DPC specifies that one of the requirements for recognition as a classification society that issues certificates is the maintenance of a permanent administrative and technical structure capable of addressing inspection requests within 48 hours. The Committee also notes the Government’s indication that, in practice, inspection visits are carried out at the request of the person concerned within three months. The Committee observes that the scope of application of the provisions on inspection visits (chapter 10 of NORMAM-01/DPC) does not extend to all of the ships covered by Convention No. 178, that is, “every seagoing ship, whether publicly or privately owned, which is registered in the territory of a Member for which the Convention is in force and is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose” (Article 1(1)), with the exception of the vessels described in Article 1(4). The Committee requests the Government to indicate the measures adopted to ensure that all ships covered by the Convention are inspected within three months after substantial changes in construction or accommodation arrangements have been made, in accordance with Article 3(3) of the Convention.

Article 6. Compensation for unreasonable detention or delay. The Committee notes that the Government indicates, in response to its previous request that shipowners who suffer any damage as the result of the detention of the ship by the inspectorate may bring their case before the courts, which will examine the case and determine whether any compensation is due or any other compensatory measures are to be taken.

Articles 8 and 9. Annual reports and inspection reports. In its previous comments, the Committee requested the Government to adopt the necessary measures to ensure that an annual report is prepared (Article 8) and that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection (Article 9). The Committee notes that, with regard to the requirements on annual inspection reports, the Government indicates that the Federal System of Labour Inspection – Web (SFIT-Web) came into operation in 2015, and that the Inspection Report Unit was to be established in December 2016, thus allowing for the issuance of annual reports that included information on the ships inspected, the results of the inspections, and on the labour inspectors.

With regard to the requirements on inspectors’ reports, the Committee notes the Government’s indication that, copies of inspection reports are not usually posted on the ship’s notice board, but rather are only sent to workers’ trade union representatives, to ensure the confidentiality of the information on seafarers (particularly in the case of accidents). Following discussions on the need to meet the requirements of the Convention in this regard, a standard report form was developed and submitted for adoption by the Secretariat of Labour Inspection.

The Committee also notes the Government’s indication that, in accordance with Ministry of Labour Order No. 643 of 2016, the time limit for the submission of inspection reports will be determined by the inspection directorate. Consequently, the conformity of such time limits with the provisions of the Convention will depend on the decision made by this authority. The Committee requests the Government to provide information on the progress achieved to ensure that, in case of an inspection pursuant to a major incident, reports are submitted no later than one month following the conclusion of the inspection, in accordance with Article 9(2) of the Convention.

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

The Committee notes that in its reports sent on the application of a number of maritime Conventions the Government indicates that: (i) a Tripartite Committee on Maritime Working Conditions (CT–Maritime) has been created by Decree No. 2.242 of the Ministry of Labour and Employment (MTE), of 14 September 2010, with the mandate to function as a tripartite consultative body in relation to matters arising from ratified maritime Conventions; (ii) a number of requests made by the Committee of Experts in relation to the application of these Conventions have been sent to the CT–Maritime for examination; and (iii) measures were being taken to bring the national legislation into conformity with the Maritime Labour Convention, 2006 (MLC, 2006), with a view to its ratification. While noting these efforts, the Committee will continue to examine the conformity of national legislation with the requirements of ratified maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3, 6 and 7. Articles of agreement. The Committee previously requested the Government to indicate the manner in which effect was given to the provisions of the Convention concerning the signature of articles of agreement and their content. The Committee notes in this regard that the Government reiterates that the employment of seafarers is governed by the Consolidated Labour Laws (CLT). It further notes that the Carteira de Trabalho e Previdência Social (CTPS) and the Caderneta de Inscrição e Registro (CIR), to which the Government refers in its report, contain a record of employment but do not constitute contracts of employment. In addition, the Committee notes that relevant legislation contains references to contracts of employment, such as section 7 of Act No. 9.537, of 1997, and Normative Instruction No. 70 of the Labour Inspection Department of the MTE, of 2007, but such references do not entail compliance with the specific requirements of the Convention. Finally, the Committee notes the Government’s indication that seafarers’ contracts of employment are always written and signed by both parties. However, since section 443 of the CLT provides that a contract of employment can be either written or oral, the Committee requests the Government to indicate how it is ensured that: (i) the seafarer’s contract of employment is signed both by the shipowner or his or her representative and by the seafarer (Article 3); (ii) it contains the particulars enumerated in Article 6(3); and (iii) it is recorded in or annexed to the list of crew (rol de equipagem) (Article 7).

Article 14(2). Certificate on quality of work. The Committee previously requested the Government to indicate the measures taken to ensure that seafarers have at all times the right to obtain from the master a certificate on quality of work. Noting the Government’s indication that it would send a request to the CT–Maritime in order to give full effect to this provision of the Convention, the Committee requests the Government to provide information on progress achieved in this respect.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). Article 5(1)–(9). Sleeping rooms. Article 6(1). Floor area of mess rooms. Article 7. Recreation facilities. Articles 8(1)–(5) and (7) and 9. Sanitary facilities. Article 10. Minimum headroom. Article 11. Lighting. The Committee previously noted that the existing legislation, in particular the Maritime Authority Standards for Vessels used in Open Sea Navigation (NORMAM-01/DPC), did not give full effect to the detailed requirements of these Articles of the Convention. The Committee notes the Government’s indication that it would bring the majority of these issues to the attention of the National Standing Committee for Waterways (CPNA) and the CT–Maritime. The Committee requests the Government to provide information on any progress achieved in this regard. The Committee reiterates its request to the Government to take the necessary measures to ensure conformity with the detailed requirements of the Convention regarding sleeping rooms, mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 9. Cash payment in lieu of leave. In its previous comments, the Committee noted that under section 143 of the CLT, seafarers were allowed to request that one third of their leave entitlement take the form of a cash payment. Recalling that it is only in exceptional cases that provision may be made for the substitution for annual leave of a cash payment, the Committee requests the Government to take the necessary measures to ensure that such substitution is allowed only in conformity with Article 9 of the Convention.

Article 10. Time of annual leave. In its previous comments, the Committee noted that under section 136 of the CLT, seafarers’ annual leave was granted at a period most convenient to the employer’s interests. The Committee recalls that, according to the Convention, the employer’s decision is to be taken after consultation and, as far as possible, in agreement with the seafarer concerned or his representatives. Noting that the Government indicates that it would send this matter to the CT–Maritime for its consideration, the Committee requests the Government to provide information on progress achieved in this respect.

Seafarers’ Welfare Convention, 1987 (No. 163). Articles 2(1) and 5. Welfare facilities and services. The Committee previously requested the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently with a view to making sure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry. The Committee notes that the Government reiterates that welfare services and facilities are provided by voluntary organizations in partnership with seafarers’ unions, and that it is not aware of periodic reviews. Recalling that it is the Government’s responsibility to ensure the application of the Convention, the Committee reiterates its request to the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164). Article 5(4). Inspection of the medicine chest at regular intervals. The Committee previously requested the Government to indicate how it is ensured that the medicine chest and medical equipment carried on board are inspected at regular intervals not exceeding 12 months. Noting the Government’s indication that it would refer this matter to the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect.

Article 8. Medical doctor on board ships. The Committee previously requested the Government to take measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor. Noting the Government’s indication that this matter has been raised in the CPNA and the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect and reiterates its request to the Government to take the necessary measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor.

Article 9(1). Persons in charge of medical care. The Committee previously noted that under section 0113 of NORMAM-01/DPC, ships engaged in coastal navigation must carry a nurse or health auxiliary for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. It therefore requested the Government to indicate how it is ensured that ships engaged in coastal navigation for voyages of under 48 hours for passenger ships and under 72 hours for cargo ships carry one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. Noting the Government’s indication that this matter has been raised in the CPNA and the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect.

Article 12. Standard medical report form. The Committee previously requested the Government to adopt a standard medical report form as required by the Convention. It notes that the seafarers’ health certificate to which the Government is referring in its report does not fulfil the requirement of the Convention according to which the standard medical report form must be specially designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury. Noting the Government’s indication that it would refer this matter to the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect and reiterates its request to the Government to adopt a standard medical report form as required by the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166). Articles 4(5), 6, 7 and 12. Arrangements for repatriation. The Committee recalls that it had previously requested the Government to consider the adoption of supplementary provisions to Decree No. 6.968 of 29 September 2009, in order to regulate the following matters which are not contained in the Decree: (i) prohibiting the shipowner from requiring an advance payment to cover repatriation costs (Article 4(5)); (ii) entitling the seafarer to obtain their passport and identity documents for the purpose of repatriation (Article 6); (iii) prohibiting the deduction of time spent awaiting repatriation or repatriation travel time from paid leave (Article 7); and (iv) ensuring that the text of the Convention is available to crew members in an appropriate language (Article 12). Noting the Government’s indication that some of these matters have been raised in the CT–Maritime, the Committee reiterates the need to put the legislation in conformity with the Convention and requests the Government to provide information on progress achieved in this respect.

Labour Inspection (Seafarers) Convention, 1996 (No. 178). Article 3(3). Inspection following substantial changes. The Committee previously requested the Government to specify how it is ensured that in cases of substantial changes in construction or accommodation arrangements, the ship shall be inspected within three months of such changes. It notes the Government’s reference to NORMAM-01/DPC in this regard. The Committee requests the Government to specify which provision of NORMAM-01/DPC ensures that ships flying the Brazilian flag are inspected within three months of substantial changes in construction or accommodation arrangements.

Article 6. Unreasonable detainment or delay. The Committee previously requested the Government to specify any provisions, legislative or other, ensuring that if a ship is unreasonably detained or delayed, the shipowner or operator of the ship shall be entitled to compensation for any loss or damage suffered and that, in any instance of alleged unreasonable detention or delay, the burden of proof shall lie with the shipowner or operator of the ship. It notes the Government’s indication that studies are being carried out for the issuance of a normative instruction to regulate the implementation of the Convention. The Committee requests the Government to take into account all the points raised by the Committee in its comments on the application of the Convention, when adopting this normative instruction, and to provide information in this regard.

Article 8. Annual reports. With reference to its previous request, the Committee notes that the Government reiterates that an annual report on inspection activities has not yet been produced. The Committee therefore requests the Government once again to take the necessary measures to ensure that such annual report is prepared, and to provide a copy thereof.

Article 9. Inspection reports. The Committee previously requested the Government to indicate how it is ensured that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection. The Committee notes that the information provided by the Government does not cover the obligation under Article 9 of the Convention. It is therefore bound to reiterate its request to the Government to ensure that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(1) of the Convention. Signature of articles of agreement. The Committee notes the Government’s reference to section 442 of the Consolidation of Labour Laws (CLT) and section 7 of Act No. 9.537 of 11 December 1997, which provides that the embarkation and disembarkation of a crew member is subject to the rules set out in the seafarer’s employment agreement, as presumably implementing the requirements of this Article of the Convention. However, the Committee considers that there is nothing in these two provisions that expressly provides for a written agreement signed by both the shipowner and the seafarer. The Committee therefore requests the Government to indicate how effect is given to this requirement of the Convention.

Articles 6(3) and 9. Content of the agreement and notice period. The Committee notes the Government’s indication that seafarers’ employment agreements are mostly concluded for an indefinite period and that notice periods – 30 days – are regulated by section 487 of the CLT. Particulars including service periods on board, voyages, date and place of embarkation and disembarkation, are stipulated in point 0105 of Maritime Authority Regulations 13 (NORMAM–13). It also notes, however, that point 0105 of NORMAM–13 does not comprise all the points enumerated in Article 6(3) of the Convention. It further notes that under Article 6(10)(c) of the Convention, the agreement itself has to lay down the conditions entitling either party to rescind it, as well as the required period of notice. Recalling that the same list of particulars has been incorporated in Standard A2.1(4) of the Maritime Labour Convention, 2006 (MLC, 2006), (with the addition of seafarer’s entitlement to repatriation, and health and social security benefits), the Committee requests the Government to provide information on the steps taken to ensure that all mandatory details are contained in the agreement, including the conditions entitling either party to rescind the agreement.

Article 14(2). Certificate on quality of work. The Committee notes the Government’s statement that there are no provisions in national law entitling seafarers to obtain a certificate from the master as to the quality of their work. It therefore again requests the Government to indicate steps taken or envisaged to ensure that seafarers have at all times the right to demand such certificate as provided for in this Article of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to provide up-to-date information on the practical application of the Convention, including, for instance, inspection results, samples of seafarers’ employment agreements, specimen copies of the Employment and Social Welfare Book (CTPS) and the Registration and Record Book (CIR) and copies of applicable collective agreements.

Finally, the Committee recalls that Convention No. 22, as well as 67 other international maritime labour instruments, is revised by the MLC, 2006. Most of the provisions of this Convention have been incorporated without any significant changes in Regulation 2.1 and the corresponding Code of the MLC, 2006. The Committee, therefore, encourages the Government to take measures to ensure compliance with the provisions of Convention No. 22, in a manner that would also facilitate the implementation of corresponding requirements of the MLC, 2006, once ratified and entered into force.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4 of the Convention. Implementing legislation. Further to its previous comment, the Committee notes the Government’s explanations on the process of adoption of Order No. 34 of the Labour Inspection Department (SIT) of the Ministry of Labour and Employment (MTE), dated 4 December 2002, approving Regulatory Norm No. 30 (NR-30) which contains a number of detailed requirements relating to crew accommodation. It notes, in particular, that NR-30 was drafted in its entirety by the tripartite National Standing Committee for Waterways (CPNA), which meets four times every year and develops or improves regulatory standards on all aspects of occupational safety and health in waterway work.

Article 5(1)–(9). Sleeping rooms. The Committee notes that Annex 3-L of the Maritime Authority Regulations NORMAM 01, to which the Government refers in its report, contains certain standards for sleeping rooms which are lower than those set out in the Convention, for example: maximum nine persons per room instead of four provided for in Article 5(4), minimum floor area of 2.6 square metres per person instead of 3.75 square metres required under Article 5(1) (the minimum floor area is set at 4.5 square metres under Standard A3.1(9)(f) of the Maritime Labour Convention, 2006 (MLC, 2006)). The Committee further notes that Annex 3-L of NORMAM 01 does not specify different standards depending on the ship’s tonnage and the seafarer’s position or grade. The Committee therefore requests the Government to take all necessary measures in order to modify or supplement its regulations so that they give full effect to the detailed requirements of this Article of the Convention.

Article 6(1) and (3). Mess rooms. The Committee notes that section 30.8 of the NR-30, to which the Government refers in its report, does not address at all issues such as the floor area of mess rooms, or the availability of a refrigerator, facilities for hot beverages and cold water facilities in mess rooms. Similarly, Resolution No. 217/2001 of the National Health Surveillance Agency, to which the Government also refers, bears strictly no relevance to the facilities and equipment of mess rooms provided for in this Article of the Convention. The Committee therefore requests the Government to specify any relevant provisions, legislative or other, that give effect to the requirements of this Article, and if none exist, to consider appropriate action and to report on any progress made.

Article 7. Recreation facilities. The Committee notes that section 30.8.4 of the NR-30, which provides for leisure areas for vessels over 3,000 gt, implements only partially the requirements of this Article of the Convention. The Committee therefore requests the Government to indicate whether the specific furnishings referred to in this Article of the Convention, such as a bookcase, or for larger vessels, a smoking room, canteen, hobby and games room, are provided for in relevant regulations and, if not, to consider appropriate action.

Article 8(1)–(5) and (7). Sanitary facilities. The Committee notes that section 30.11 of the NR-30, to which the Government refers in its report, provides in general terms for areas for washing and drying clothes but does not detail in any manner the sanitary facilities depending on ship’s tonnage and the seafarer’s position or grade, as required by this Article of the Convention. The Committee also notes that Annex 3-L of NORMAM 01 provides for one water closet and one shower for every eight persons instead of one water closet and one shower for every six persons or less, as required under Article 8(1) of the Convention (and also Standard A3.1(11)(c) of the MLC, 2006). The Committee therefore requests the Government to indicate whether and how effect is given to the detailed requirements of this Article of the Convention and, if not, to take the necessary measures and to report on any developments.

Article 9. Sanitary facilities for those on duty on bridge deck and in machinery space. The Committee notes that there is nothing in section 30.10 of the NR-30, to which the Government refers in its report, to reflect the specific standards of this Article of the Convention. The Committee therefore requests the Government to indicate any provisions that implement this Article of the Convention and, if none exist, to bring its national laws or regulations into line with the requirements of the Convention and to report on any progress made in this regard.

Article 10. Minimum headroom. While noting the Government’s reference to Annex 3-L of NORMAM 01, which fixes the minimum headroom to 190 cm, the Committee recalls that the Convention provides for headroom of no less than 198 cm with the possibility of limited reduction where the competent authority is satisfied that this is reasonable and that such reduction will not result in discomfort to the crew. The Committee also recalls that, under Standard A3.1(6) of the MLC, 2006, the minimum permitted headroom in all crew accommodation has been raised to 203 cm. The Committee therefore requests the Government to take appropriate action to ensure compliance with the Convention on this point.

Article 11. Lighting. While noting the Government’s reference to section 30.7.5.2 of the NR-30, which provides for an individual electric lamp at the head of each berth, the Committee again requests the Government to indicate whether and how suitable standards of natural and artificial lighting have been fixed as required under this Article of the Convention.

Part IV of the report form. The Committee notes the statistical information with respect to the number of vessels and seafarers covered by the Convention. The Committee requests the Government to continue to supply up-to-date information on the practical application of the Convention, including, for instance, inspection results and official reports or studies.

Finally, the Committee takes this opportunity to recall that most of the provisions of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and Convention No. 133 on crew accommodation have been incorporated without significant changes in Title 3 of the MLC, 2006, and therefore ensuring compliance with these Conventions would greatly facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any further developments regarding the process of ratification and effective implementation of the MLC, 2006.

In addition, the Committee requests the Government to refer to the comments made under Convention No. 92.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4(1) of the Convention. Leave proportionate to length of service. Further to its previous comment, the Committee notes the Government’s statement that although entitlement to leave accrues during a twelve-month period of service, an amount proportionate to the leave due is paid in cash upon termination of the employment contract. This payment (corresponding to any unused period of leave) in cash applies, under section 147 of the Consolidation of Labour Laws (CLT), to employees who are dismissed without just cause, before having completed twelve months of service. The Government specifies that “without just cause” is interpreted to mean without serious misconduct. The Committee once again recalls that this provision of the Convention entitles seafarers to proportionate paid holidays regardless of the reason for termination of employment. It also recalls that the same provision has been incorporated in Guideline B2.4.1(3) of the Maritime Labour Convention, 2006 (MLC, 2006). Noting that section 147 of the CLT has been the subject of numerous comments made under the Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91), the Committee requests the Government to take all appropriate measures in order to bring the national legislation into conformity with this Article of the Convention.

Article 6(d). Periods not to be counted as part of annual leave. In the absence of the Government’s response on this point, the Committee is obliged to reiterate its request for additional explanations as to how it is ensured in law and practice that periods of compensatory leave are not counted as part of the minimum annual leave.

Article 9. Cash payment in lieu of leave. The Committee notes that under section 143 of the CLT, seafarers are entitled to receive one third of their leave entitlement in the form of cash payment calculated on the basis of the remuneration due to them for the days in question. Recalling that the Convention permits the substitution of a cash payment for annual leave only in exceptional cases, the Committee requests the Government to explain how section 143 of the CLT complies with this Article of the Convention.

Article 10. Time and place of annual leave. The Committee has been drawing the Government’s attention for several years to the need to amend section 136 of the CLT, which provides that seafarers’ annual leave will be granted at a period most suitable to the employer. In its latest report, the Government states that the matter has been referred for consideration at a higher level so that appropriate arrangements can be made, but adds that amending the CLT risks to be a lengthy process. The Committee recalls that the provisions of Article 10 of the Convention have been incorporated in Guideline B2.4.2 of the MLC, 2006. The Committee accordingly requests the Government to consider all necessary action to give effect to the requirements of this Article of the Convention. The Committee further requests the Government to transmit copies of any collective labour agreements containing clauses on seafarers’ entitlement to annual leave that would reflect the requirements of the Convention.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 146 have been reflected without significant changes in Regulation 2.4, Standard A2.4 and Guideline B2.4 of the MLC, 2006, and therefore ensuring compliance with Convention No. 146 would greatly facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee accordingly invites the Government to continue to apply Convention No. 146 in a manner that would also ensure implementation of the MLC, 2006 – once ratified and entered into force.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2(1) and 5 of the Convention. Welfare facilities and services. The Committee notes that the Government reproduces the information it included in its previous report. Welfare facilities and services are provided by voluntary organizations in partnership with seafarers’ unions mainly in the form of access to telephones, fax machines, Internet, lounges, newspapers and magazines, etc. The Government adds that there have been no periodic reviews of these facilities. The Committee requests the Government to indicate measures taken or envisaged to ensure that the existing arrangements for welfare facilities and services are appropriate and adequate. The Committee recalls that useful guidance in this respect may be found in the Seafarers’ Welfare Recommendation, 1987 (No. 173), especially as regards the possibility of setting up welfare boards to keep under review the adequacy of existing welfare facilities (paragraph 9) and the need to establish not only meeting and recreation rooms but also sports facilities, educational facilities and facilities for religious observances and personal counselling (paragraph 12).

Article 3(2). Location of welfare facilities. The Committee notes the Government’s indication that welfare facilities and services are currently provided in the ports of Rio de Janeiro, Santos, Vitória and Paranaguá, and that discussions are under way to introduce similar facilities in the ports of Sepetiba and Macaé. The Committee requests the Government to indicate whether shipowners’ and seafarers’ organizations have been duly consulted on the selection of these ports and also to provide additional information on the voluntary organizations involved and the nature of welfare facilities and services envisaged.

Part V of the report form. Practical application. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including, for instance, the nature, location and number of welfare facilities and services in Brazilian ports and on board Brazilian-flagged ships, any projects or programmes currently implemented with the assistance of the International Committee on Seafarers’ Welfare (ICSW) and the number of seafarers having access to welfare facilities and services.

Finally, the Committee recalls that most of the provisions of this Convention have been incorporated in Regulation 4.4, Standard A4.4 and Guideline B4.4 of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with Convention No. 163 would facilitate compliance with the corresponding requirements of the MLC, 2006. The Committee accordingly requests the Government to keep the Office informed of any progress made with respect to the process of ratification of the MLC, 2006.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5(4) of the Convention. Inspection of the medicine chest at regular intervals. The Committee notes the Government’s indication that the Maritime Authority’s Naval Inspectorate and the Health Inspectorate (ANVISA) are responsible for verifying compliance with the rules concerning the infirmary and the medicine chest on board, as well as checking the condition of medicines on board ships. The Committee recalls, however, that the Convention requires the medicine chest and medical equipment carried on board to be inspected at regular intervals not exceeding 12 months. It also recalls that the same provision has been incorporated in Guideline B4.1.1(4) of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee therefore requests the Government to indicate how effect is given to this provision of the Convention.

Article 8. Medical doctor on board ships. The Committee notes the Government’s indication that, under Maritime Authority Regulation NORMAM 01, ships engaged in long voyages must carry a nurse or a health auxiliary, but ships may be exempted from this requirement, provided that they carry a crew member who is formally qualified in first aid. It recalls, however, that the Convention requires every ship carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration to carry a medical doctor as a member of the crew. The Committee also recalls, in this connection, that Standard A4.1(4)(b) of the MLC, 2006, requires the presence of a qualified medical doctor on board ships carrying 100 or more persons – as contrasted to seafarers – engaged on international voyages of more than three days’ duration. The Committee therefore requests the Government to take the necessary measures to give full effect to this requirement of the Convention.

Article 9(1) and (4). Persons in charge of medical care. The Committee notes the Government’s indication that under NORMAM 01, ships engaged in coastal navigation must carry a health auxiliary only for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. It observes, however, that the limitation to voyages exceeding a certain duration is inconsistent with Article 9(1) of the Convention, or Standard A4.1(4)(c) of the MLC, 2006, which refer to all ships not carrying a medical doctor. The Committee therefore requests the Government to take the necessary measures in order to bring the national legislation into conformity with the requirements of this Article of the Convention. Please also indicate how it is ensured that persons in charge of medical care onboard undergo refresher courses to enable them to maintain and increase knowledge and skills, as required by this Article of the Convention and also provided for in Guideline B4.1.1(3) of the MLC, 2006.

Article 12. Standard medical report form. The Committee notes the Government’s indication that there is no specific standard medical report form. The Committee recalls that the Convention, and also Standard A4.1(2) of the MLC, 2006, requires the adoption of a standard medical report form for use by the ships’ masters and relevant onshore and onboard medical personnel. The Committee accordingly requests the Government to consider appropriate action in order to give full effect to this requirement of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide information concerning the practical application of the Convention, including, for instance, the approximate number of ships and seafarers covered by the measures giving effect to the Convention; relevant extracts from applicable collective agreements; copies of inspection reports showing the number and nature of any infringements observed and action taken; and official publications, campaigns or training programmes on health protection and medical care for seafarers.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 164 have been incorporated without significant changes in Regulation 4.1, Standard A4.1 and Guideline B4.1 of the MLC, 2006, and therefore ensuring compliance with Convention No. 164 would facilitate the implementation of the corresponding requirements of the MLC, 2006. The Committee accordingly requests the Government to keep the Office informed of any progress made in the process of ratification of the MLC, 2006.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 4, 6, 7 and 12 of the Convention. Arrangements for repatriation. The Committee recalls that practically since the time of the ratification of the Convention, it has been drawing the Government’s attention to the need to adopt implementing legislation giving effect to the specific requirements of the Convention. In this regard, it notes with interest the adoption of Decree No. 6.968 of 29 September 2009 concerning the implementation of the Repatriation of Seafarers Convention (Revised), 1987 (No. 166), which ensures legislative conformity with the Convention as regards the application of Articles 1(1) and (4); 2; 3; 4(1),(2) and (4); 5; 8; 9 and 10 of the Convention.

The Committee notes, however, that Decree No. 6.968 does not appear to contain any provisions regulating issues such as the recovery of repatriation costs from the seafarer in case of serious default (Article 4(3)), the prohibition to require an advance payment to cover repatriation costs (Article 4(5)), the seafarer’s entitlement to obtain identity and travel documents for the purpose of repatriation (Article 6), the prohibition to deduct time spent awaiting repatriation or repatriation travel time from paid leave (Article 7), and the obligation to make available the text of the Convention in an appropriate language to the crew members (Article 12). The Committee therefore requests the Government to consider the adoption of supplementary provisions giving effect to these Articles of the Convention.

Part V of the report form. Practical application. The Committee requests the Government to continue to provide information concerning the practical application of the Convention, including, for instance, the number of seafarers covered by the Convention, extracts from reports of the National Coordinating Unit of the Labour Inspectorate for Ports showing the number and nature of contraventions of the relevant legislation and any difficulties encountered in the application of the Convention.

Finally, the Committee takes this opportunity to recall that the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 166, as well as 67 other international maritime labour instruments, contains, in Regulation 2.5, Standard A2.5 and Guideline B2.5, up-to-date and detailed requirements on the seafarers’ entitlement to repatriation. The Committee therefore considers that ensuring compliance with Convention No. 166 would greatly facilitate compliance with the MLC, 2006. The Committee invites the Government to consider the possibility of ratifying the MLC, 2006, in the very near future and to keep the Office informed of any decision taken in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(3) of the Convention. Inspection following substantial changes. The Committee notes that under section 0103 of Chapter 1 of Maritime Authority Regulation NORMAM 01, vessels are inspected based on construction plans, when the vessel becomes operational, when it is reclassified or changed, or when there are any variations in its parameters. It also notes that section 1009 of Chapter 10 of NORMAM 01 provides that the ship’s certificate loses its validity when the vessel is reconstructed, altered or reclassified. The Committee requests the Government to specify any legislative or regulatory text providing that Brazilian-flagged ships must be inspected within three months of substantial changes in construction or accommodation arrangements.

Article 4. Inspectors. The Committee notes the Government’s indication that there are currently 50 labour inspectors conducting waterway labour inspections and that they have university-level qualifications and undergo specialized training on waterways at merchant navy training centres. The Committee requests the Government to supply further explanations on the qualifications and training of inspectors carrying out inspections of seafarers’ working and living conditions and to provide copies of any relevant documents.

Article 5. Powers of inspectors. The Committee notes the Government’s reference to a model inspection form and model notification form. As these documents were not attached to the Government’s report, the Committee requests a copy.

Article 6. Compensation for unreasonable detainment or delay. The Committee notes the Government’s indication that the aim of ship inspections is to prevent any unnecessary delay or detention and that for this purpose it has adopted new procedures in consultation with the representatives of seafarers and shipowners. The Government refers, in this connection, to a collective notice issued to the attention of the country’s most important shipowners explaining the new two-stage procedures. 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 specify any provisions, legislative or other, ensuring the shipowner’s right to appeal against the unreasonable detention or delay of the ship and entitlement to compensation for any loss or damage suffered.

Article 8. Annual reports. The Committee notes the Government’s statement that owing to the recent ratification of the Convention, it has not yet had time to prepare annual reports on inspection activities. The Committee requests the Government: (i) to provide full particulars on the data from the Federal Labour Inspection System (SFIT), for example, statistics on inspection visits with respect to seafarers’ working and living conditions, deficiencies detected; and (ii) to transmit a copy of the annual report – including a list of institutions and organizations authorized to carry out inspections on its behalf – on inspection activities related to the seafarers’ working and living conditions once it becomes available.

Article 9(1) and (2). Inspection reports. The Committee notes that under section 1025 of Chapter 10 and Annex 10-G of NORMAM 01, inspectors must submit a detailed report and the final results of inspection to the central coordinating authority upon completion of the inspection. It also notes that under section 11 of Regulatory Norm No. 70 (NR-70), the inspector must complete a detailed report to be forwarded to the Labour Inspection Department (SIT) of the Ministry of Labour and Employment (MTE). The Committee requests the Government to clarify how it is ensured (i) that a copy of the inspection report on seafarers’ working and living conditions is also posted on the ship’s notice-board, and (ii) that the inspection report pursuant to a major incident is prepared not later than one month following the conclusion of the inspection.

Part V of the report form. Practical application. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including for instance, the number of ships and seafarers covered by the relevant legislation, statistics on inspection visits and the results obtained, copies of official publications, such as activity reports of the National Coordinating Unit of the Labour Inspectorate for Ports and Waterways, and sample copies of reports on individual ship inspections.

Finally, the Committee takes this opportunity to recall that most of the provisions of Convention No. 178 have been incorporated in Regulations 5.1.1 and 5.1.4 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006), and therefore ensuring compliance with Convention No. 178 would facilitate the implementation of the respective provisions of the MLC, 2006, once ratified and entered into force. The Committee also recalls the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections under the Maritime Labour Convention, 2006, as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring also to its observation, the Committee asks the Government to provide further information on the following points.

Article 11, paragraph 2, of the Convention. Under this provision of the Convention, subject to such special arrangements as may be permitted in passenger ships, sleeping rooms and mess rooms shall be lighted by natural light and shall be provided with adequate artificial light. Under section 30.7.5.1 of the Regulatory Norm No. 30, however, an artificial lighting system must be installed only when it is not possible to obtain sufficient natural light. The Committee asks the Government to take measures to bring the provisions of the Regulatory Norm No. 30 into conformity with the requirements of the Convention.

Article 1, paragraph 1. Please indicate whether national laws or regulations specifically define the term "sea-going ship" for the purposes of this Convention.

Article 4, paragraph 1. Please indicate the date when Regulatory Norm No. 30 was officially published.

Article 4, paragraph 2(c). Please indicate the specific penalties for violation of laws and regulations giving effect to the provisions of the Convention.

Article 4, paragraph 2(e). Please provide particulars of arrangements for consultation on the framing of regulations and for collaboration in their administration, as required in this provision of the Convention.

Please indicate specific provisions of national laws or regulations giving effect to these provisions of the Convention:

-  Article 5, paragraphs 1-9;

-  Article 6, paragraph 1 and 3(a)-(c);

-  Article 7, paragraphs 2 and 3;

-  Article 8, paragraphs 1-5 and 7(a)-(c);

-  Article 9, paragraphs 1(a)-(b) and 2(a)-(b);

-  Article 10; and

-  Article 11, paragraph 5.

Article 7, paragraph 4. Please indicate how the competent authority has given consideration to provision of canteens on board ship in connection with the planning of recreation accommodation.

Article 8, paragraph 6. Please indicate specific provisions of national laws or regulations requiring that facilities for drying clothes shall be provided in all ships.

Article 11, paragraph 3. Please indicate specific provisions of national laws or regulations requiring that in all ships lights shall be provided in the crew accommodation.

Part IV of the report form. Please give a general appreciation of the manner in which the Convention is applied in Brazil as well as information on the number of seafarers covered by the measures giving effect to the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, the observation made by the Trade Union of Maritime Workers of the Port of Rio Grande concerning 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 this observation. Regarding the Committee’s comments on the substance of the Trade Union of Maritime Workers of the Port of Rio Grande observation, please refer to the comments it has made under Convention No. 147.

Article 4, paragraph 1, of the Convention. While under this provision of the Convention, seafarers shall be entitled to a proportionate holiday regardless of the reason for termination of employment, under section 147 of the Consolidation of Labour Laws (CLL) seafarers are entitled to a proportionate remuneration for holiday only when discharged without due cause. Correspondingly, it appears that, under section 147 of the CLL, seafarers who have been discharged for due cause are not entitled to remuneration for holiday.

The Committee asks the Government to take all necessary measures to bring section 147 of the CLL into conformity with the requirements of the Convention. It also asks the Government to clarify: (i) whether a seafarer whose length of service in any year is less than that required for the full entitlement to annual leave with pay and who has not been discharged may request an annual leave with pay proportionate to his length of service during that year; and (ii) what is the minimum period of work after which a seafarer may request such proportional leave with pay.

Article 10, paragraph 1, of the Convention. While under this provision of the Convention, the time at which the holiday is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation and, as far as possible, in agreement with the seafarer concerned or his representatives, section 136 of the CLL does not require even the consultation with the seafarer concerned. On the contrary, in accordance with section 136 of the CLL, the leave dates shall be most convenient to the employer’s interests. The Committee asks the Government to take all necessary measures to bring section 136 of the CLL into conformity with the requirements of the Convention.

Article 2, paragraph 2. Please clarify whether persons employed on board seagoing ships engaged in fishing or in operations directly connected therewith or in whaling or similar pursuits under the national legislation are considered as "seafarers".

Article 2, paragraph 3. Please indicate what ships are considered to be "seagoing" for the purpose of the Convention, and provide information on the consultations, which have taken place in accordance with this paragraph.

Article 2, paragraphs 4 and 5. Please indicate whether recourse has been had to these paragraphs and, if so, whether any consultations with the organizations of employers and workers concerned have taken place.

Article 5, paragraph 2. Please indicate how it is ensured that service off articles shall be counted as part of the period of service for the purpose of leave entitlement.

Article 6(d). Please describe the measures taken to ensure that periods of compensatory leave are not counted in the paid holiday, and the conditions laid down in this regard.

Article 10, paragraph 2. Please indicate how it is ensured that a seafarer is not required without his consent to take annual leave due to him at a place other than that where he was engaged or recruited, whichever is nearer his home, except under the provisions of a collective agreement or of national laws or regulations.

Article 10, paragraph 3. Please indicate how it is ensured that if a seafarer is required to take his annual leave from a place other than, that permitted by Article 10, paragraph 2, of the Convention, he is entitled to free transportation to the place where he was engaged or recruited, whichever is nearer his home; subsistence and other costs directly involved in his return there are for the account of the employer; and the travel time involved is not deducted from the annual leave with pay due to the seafarer.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 5 of the Convention. The Committee asks the Government to take necessary measures to have welfare services and facilities reviewed at regular intervals and to report on any progress made in this regard.

Article 6. The Committee asks the Government to take the necessary measures to cooperate with other Members with a view to ensuring the application of this Convention, and to ensure cooperation between the parties engaged and interested in promoting the welfare of seafarers at sea and in port, and to report on any progress made in this regard.

Article 1, paragraph 3. Please indicate as to what extent the provisions of the Convention are applied to commercial maritime fishing, and provide information on the consultations which have taken place in accordance with this paragraph.

Article 2, paragraph 1. Please indicate how the Government ensures that welfare facilities provided for seafarers in port by voluntary organizations are adequate.

Article 2, paragraph 2. Please describe the arrangements made (either by the Government itself or by voluntary organizations) for financing the seafarer’s welfare facilities and services.

Article 3, paragraph 2. Please provide information on the consultations which have taken place in accordance with this Article.

Part III of the report form. Clarification as to how coordination is organized between the maritime authority and the labour inspectorate to ensure enforcement of the provisions of the Convention.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Brazil, and provide information on the nature, location and number of welfare services and facilities in ports and on board ships and the number of seafarers having access to these services and facilities.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the adoption of the Regulatory Standard on Safety and Health for Work at Sea and on Waterways (NR-30).

In its previous comments, the Committee had also asked the Government to provide the following documents: a sample copy of the medical guide adopted by the competent authority pursuant to Article 6; sample copies of lists of radio stations and coast earth stations through which medical advice can be obtained, referred to in Article 7, paragraph 3; and a sample copy of the medical report form required under Article 12. Since these documents so far have not been received, the Committee reiterates its previous request.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report for the period ending June 2004. It asks the Government to provide further information on the following points:

Article 3, paragraph, 1 of the Convention. Please indicate specific provisions of national laws or regulations prescribing the destinations to which seafarers may be repatriated.

Article 4, paragraph 3. Please indicate whether national laws, regulations or collective agreements allow the recovery from the seafarer of repatriation costs or part thereof, where repatriation has taken place as a result of a seafarer being found to be in serious default of his or her employment obligations.

Article 12. Please indicate how it is ensured that the text of the Convention is available in an appropriate language to the crew members of every ship registered in Brazil.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in Brazil and supply information on the number of seafarers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

In its previous comments, the Committee expressed the hope that the Government would be in a position to report on progress made in adopting legislation to ensure the application of Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the provisions of Part II of this Convention. It notes with interest the adoption of Regulatory Norm No. 30 of the Ministry of Labour and Employment (NR No. 30). This norm contains detailed requirements with respect to various conditions of employment on board, including the crew accommodation.

The Committee is also addressing to the Government a direct request on a number of points.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s indication in its report that the main instrument giving effect to the provisions of the Convention in Brazil will be the Regulatory Standard on Safety and Health for Work at Sea and on Waterways (NR-30). The Government pointed out that this standard has already undergone public consultation and was in the process of finalization by a tripartite commission. The Committee hopes that the Government will be in a position to report on progress made in the near future and asks it to provide a copy of the regulatory standard when adopted.

The Committee also asks the Government to provide the following documents:

-  a sample copy of the medical guide adopted by the competent authority pursuant to Article 6 of the Convention;

-  sample copies of lists of radio stations and coast earth stations through which medical advice can be obtained referred to in Article 7, paragraph 3; and

-  a sample copy of the medical report form required under Article 12.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Under Article 3 of the Convention, each Member for which this Convention is in force undertakes to comply, in respect of ships to which this Convention applies, with the Provisions of Parts II and III of the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the provisions of Part II of this Convention. The Committee further recalls that in its previous comments it had asked the Government to adopt the necessary measures to give full effect to the provisions of the Convention. It notes the Government’s indication in its report that the specific provisions on crew accommodation will be incorporated in Regulatory Norm No. 30 on Maritime Labour, which had being formulated on a tripartite basis and currently was at the public consultation stage, following its official publication, pending possible amendments which may be suggested by organizations of shipowners and maritime workers. Such suggestions would be analysed by the Standing Tripartite Paritarian Commission, and a final norm would be consolidated and republished in the Official Gazette for dissemination and implementation.

Referring also to its comments under Convention No. 92, the Committee hopes that the Government will be in a position to report on progress made in the near future and that the provisions to be adopted will ensure compliance of the national legislation with the requirements of the Convention. The Committee also asks the Government to transmit the text of Regulatory Norm No. 30 when adopted.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the changes in national legislation with the entry into force of Act No. 9.537 LESTA of 11 December 1997 concerning traffic safety in national waters and standard NORMAM-13 governing admission into the occupation, qualification and career of seamen. It requests the Government to supply particulars on the following points.

Article 2, paragraph (b), of the Convention. The Committee notes from the Government’s report that Act No. 9.537 defines the term "seaman" as any person having a qualification approved by the maritime authorities for work on a vessel as a professional (section 2). The Committee recalls that under the Convention the term "seaman" has a broader definition and includes every person employed or engaged in any capacity on board any vessel and entered on the ship’s articles, excluding masters, pilots, cadets and pupils on training ships and duly indentured apprentices, naval ratings, and other persons in the permanent service of a Government. The Government is therefore requested to indicate to the Committee whether national legislation is also applicable to any person employed in any capacity on board vessels flying its flag in accordance with this provision of the Convention and, if not, to indicate the measures it intends to take to ensure compliance.

Article 5. The Committee notes that standard NORMAM-13 no longer contains the points contrary to the Convention formerly contained in the Regulation on Maritime Traffic (RTM), repealed by Act No. 9.537. It notes, however, from the Government’s report that Act No. 9.537 and the Consolidation of Labour Laws (section 442) provide that the registration document issued to every seaman must specify the type of contract and the form of payment. The Committee reminds the Government that under Article 5, paragraph 2, of the Convention the document issued to the seaman shall not contain any statement as to his wages and requests the Government to explain what is meant by the expression "form of payment".

The Committee requests the Government to supply an example of the document mentioned in Article 5, paragraph 1, of the Convention.

Article 6. The Government is requested to indicate the provisions of its legislation prescribing that the seaman’s articles of agreement must contain the matters set out in Article 6, paragraph 3, of the Convention.

Article 9, paragraph 1. The Committee notes that under section 487 of the Consolidation of Labour Laws, termination without fair grounds of an agreement for an indefinite period requires the party exercising this right to inform the other party at least 30 days in advance. The Government is requested to indicate the procedure applicable for termination on fair grounds. The Committee also requests 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.

Article 13. The Committee notes that under the regulations in force a seaman may be promoted to the category immediately higher only after acquiring the necessary supplementary qualifications. It requests the Government to indicate the measures by which provisions of Article 13 of the Convention allowing a seaman to claim his discharge when he can obtain a post of a higher grade are given full effect.

Article 14, paragraph 2. The Committee requests the Government to indicate the provisions in domestic law providing the right for all seamen 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.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s reports for the period up to June 2001. It requests the Government to make its next report in accordance with the report form approved by the Governing Body of the International Labour Office, giving full information on each of the provisions of the Convention and on each of the questions set out in the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 1, paragraph 3, of the Convention. Please indicate whether any consultations have taken place pursuant to this provision of the Convention.

Article 1, paragraph 4. Please indicate whether the term "seafarer" is specifically defined in the legislation of Brazil.

Article 3. Please indicate specific provisions of national laws or regulations making shipowners responsible for keeping ships in proper sanitary and hygienic conditions.

Article 4, paragraphs (a)-(d). The Committee asks the Government to indicate: (i) what are the general provisions on occupational health protection and medical care that are applied to seafarers; (ii) to what extent the health protection and medical care provided to seafarers differ from those which are generally available to workers ashore; (iii) specific measures adopted to guarantee seafarers the right to visit a doctor without delay in ports of call where practicable; and (iv) specific provisions adopted to ensure that, in accordance with national law and practice, medical care and health protection while a seafarer is serving on articles are provided free of charge to seafarers.

Article 4, paragraph (e). Please describe measures of a preventive character and the health promotion and health education programmes that have been adopted in accordance with this provision.

Article 5, paragraphs 5-7. Please indicate how effect is given to these provisions of the Convention.

Article 7, paragraphs 1 and 2. Please provide details of the pre-arranged system for providing medical advice by radio and satellite and indicate whether medical advice, including the onward transmission of medical messages by radio or satellite communication between a ship and those ashore giving the advice, is available free of charge to all ships irrespective of the territory in which they are registered.

Article 7, paragraphs 4 and 5. Please provide details on the instruction of seafarers in the use of the ship’s medical guide and the medical section of the most recent edition of the International code of signals, and those on the training of doctors providing medical advice in accordance with Article 7 of the Convention.

Article 8, paragraph 2. Please indicate ships or classes of ships determined by national laws or regulations for the purpose of giving effect to this provision.

Article 9, paragraph 2(a) and (b). Please provide details of the courses referred to in these provisions.

Article 9, paragraphs 3-6. Please provide information on how effect is given to these provisions of the Convention.

Article 11, paragraph 2. Please indicate to what extent Article 11 of the Convention is applied to vessels between 200 and 500 gross tonnage and to tugs.

Article 11, paragraph 7. Please indicate the number of hospital berths prescribed by the competent authority for various categories of ships.

Article 13, paragraphs 1-3. The Committee asks the Government to provide specific information on matters covered by cooperation with other Members for which the Convention is in force as well as copies of relevant bilateral or multilateral agreements.

The Committee also asks the Government to indicate specific provisions of the national legislation giving effect to Article 5, paragraphs 1-4; Article 6, paragraph 1; Article 8, paragraph 1; Article 9, paragraph 1; Article 10; Article 11, paragraph 1; Article 11, paragraphs 4, 5, 6, 8 and 9; and Article 12, paragraphs 1 and 3, of the Convention.

Part IV of the report form. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Brazil and information on the number of seafarers covered by the measures giving effect to the Convention, the number and nature of the contraventions reported, etc.

The Committee also asks the Government to provide copies of the following documents:

-  a copy of regulations on safety and health in maritime work (NRM) when officially adopted;

-  a sample copy of the medical guide adopted by the competent authority pursuant to Article 6;

-  sample copies of lists of radio stations and coast earth stations through which medical advice can be obtained, referred to in Article 7, paragraph 3; and

-  a sample copy of the medical report form required under Article 12.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its first report, particularly on the Maritime Transport Regulations (RTM), which establish principles to guide the examination and approval of plans for the construction of vessels and their inspection; and the PORTMARINST No. 20-092-A, of 25 February 1991, as amended, formulated by the Directorate of Ports and Coasts (DPC) of the Ministry of Maritime Affairs, which establishes rules relating to visits and inspections of vessels carried out by Harbour Masters, their representatives or agents, and the so-called classification associations recognized by the Government, in accordance with the requirements of the international conventions ratified and the rules established by the RTM and the DPC.

Article 3 of the Convention. The Committee notes the Government's indication in its report that there is currently no legal text covered by the Ministry of Labour containing provisions corresponding to many of the requirements of the Convention. In this respect, the Committee reminds the Government of the obligation deriving from Article 4, paragraph 1, to maintain in force laws or regulations which ensure the application of the Convention, that is the provisions contained in Parts II, III and IV of Convention No. 92 and Part II of this Convention.

Article 4, paragraph 2(c) and (d). The Committee notes the information provided by the Government in its report on the application of Convention No. 126 to the effect that the regulations respecting the labour inspectorate (RIT), approved by Decree No. 55.841 of 15 March 1965, determine the organization of the inspection system, the functions of its agents and the sanctions, as well as other related matters. It also notes the Government's statement that inspections of the conditions of accommodation of crews are carried out taking into consideration the provisions of the Regulatory Standards (NR), which are compulsory for public and private enterprises. The Committee requests the Government to provide copies to the Office of the texts of the above regulations and Regulatory Standards.

Point IV of the report form. The Committee requests the Government to provide in its next report summaries of the reports of the inspection services, information on the number and nature of the violations reported, the number of seafarers covered by the measures giving effect to the Convention and any other information related to the application of the Convention in practice.

The Committee hopes that in the near future the Government will adopt the necessary measures to give full effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes the Government's report and, in particular, that its next report will indicate measures taken to restrict the activities of the maritime manpower agencies (Article 3, paragraphs 2 and 4 to 6; Article 6, paragraphs 2 and 3; and Article 15 of the Convention).

Article 5, paragraph 2, and Article 14. The Committee notes the information that the Government's next report will indicate the measures taken to harmonize the Shipping Regulations (RTM) - which provide in section 60, paragraph 1, that references to conduct (i), sanctions and their causes (j) and praise and acts of bravery (m) are to be entered in the record book, along with the reason for dismissal (h) - with these provisions of the Convention which provide, respectively, that the agreement given to the seaman shall contain no assessment of the quality of his work and that whatever the reason for termination of the agreement, an entry shall be made in the document but the reason shall not be given.

Article 9, paragraph 1. The Committee notes the indications that the Government supplies in its report relating to discharge procedures. It would be grateful if the Government would indicate how it is ensured that either party may terminate an agreement for an indefinite period in any port where the vessel loads or unloads, provided that the notice specified, which shall not be less than 24 hours, is given.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and the adoption of Decree No. 511 of 27 April 1992, which amends or repeals certain provisions of Decree No. 87.648/82 (Shipping Regulations - RTM).

Articles 3, paragraphs 2 and 4-6; 6, paragraphs 2 and 3; and 15, of the Convention. The Committee notes the information supplied by the Government in its report, to the effect that in recent years the maritime manpower agencies have stepped up their activities in flagrant disregard of the legislation in force, particularly the rules on seafarers' work contracts set out in the RTM, which is hindering application of the Convention. Furthermore, seafarers' trade unions have made frequent complaints to this effect to the labour inspectorate and shipping authorities and to the Federal Public Prosecutor.

The Committee hopes that the Government will be in a position to indicate in its next report that appropriate measures have been taken to ensure observation of the provisions of the Convention (Article 15) particularly with regard to the application of Articles 3, paragraphs 2 and 4-6; and 6, paragraphs 2 and 3.

Article 5, paragraph 2. The Committee notes that section 60 of the RTM provides that references to conduct (i), sanctions and their causes (j) and praise and acts of bravery (m) are to be entered in the record book, contrary to this provision of the Convention which prohibits any statement as to the quality of the seafarer's work in the document issued to him. It asks the Government to indicate in its next report the measures taken or envisaged to ensure the effective application of this provision.

Article 9, paragraph 1. The Committee notes from the Government's report that a seafarer may be discharged only with the approval of the Brazilian port authorities or the Brazilian consular authorities abroad and only in one of the instances set out in section 109 of the RTM. The Committee understands, however, that this provision of the RTM was repealed by section 4 of Decree No. 511/92, and that, under section 12 of the RTM a seafarer may be discharged in any port whether or not there is a body empowered to approve his discharge, but that in such cases the captain must regularize the situation at the next port of call where the Brazilian port authorities are represented. The Committee would be grateful if the Government would provide specific information on the application in law and in practice of this provision of the Convention.

Article 9, paragraph 2. The Committee asks the Government to indicate which provision of the law requires notice to be given in writing.

Article 9, paragraph 3. Please give full information on the nature of the exceptional circumstances determined by the national legislation in accordance with this provision of the Convention.

Article 13. The Committee asks the Government to provide information on the practical effect given to this provision, indicating in particular to what extent seafarers apply for discharge and are replaced by competent persons to the satisfaction of the shipowner or his agent.

Article 14. The Committee notes that section 60(1)(h) of the RTM provides that the reason for discharge must be entered in the record book, which is contrary to this provision of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to ensure proper application of this Article of the Convention.

Point V of the report form. The Committee notes the statistics of the number of seafarers signed on and the number of unemployed and inactive seafarers, and the fact that the labour inspection statistics system managed by the Ministry of Labour is in the process of being reassessed and computerized. It would be grateful if the Government would provide all relevant information in this respect.