Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the reports sent by the Government concerning the application of Conventions Nos 22 and 108 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22).

Article 5(2) of the Convention. Document containing a record of the seafarer’s employment on board. The Committee requested the Government to provide a sample of the document containing a record of the seafarer’s employment on board. Noting that the Government has not provided such a document, the Committee renews its request.

Article 6(3). Particulars of the agreement. Noting that some of the particulars required by the Convention did not appear in the model seafarers’ employment agreement provided by the Government, the Committee requested the Government to indicate the measures taken to give full effect to Article 6(3). In this regard, the Committee notes the Government’s repeated statement that Ministry of Transport Resolution No. 114 of 2009 gives effect to this provision of the Convention. The Committee notes, however, that the Government does not provide a copy of the Resolution and that a copy is not available at the Office. The Committee requests the Government to provide a copy of Ministry of Transport Resolution No. 114 of 2009.

Seafarers’ Identity Documents Convention, 1958 (No. 108).

Article 3. Possession by the seafarer of a seafarer’s identity document. The Committee requested the Government to clarify the relationship between section 33 of Decree No. 26 of 1978, which allows masters of vessels to retain custody of the identity documents of members of the crew, and Resolution No. 9 of 2009, establishing the new seafarer’s book as an identity document for the purposes of the Convention, section 7 of which provides that seafarers must carry the new seafarer’s book and present it to national or foreign migration or maritime authorities upon request. The Committee notes the Government’s explanation that the document retained in the custody of the master is the passport and not the seafarer’s book or seafarer’s identity document. The master returns the passport to crew members for the purpose of reporting to national or foreign migration or maritime authorities when required. The Committee notes this information in reply to its request for clarification.

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

The Committee notes the reports sent by the Government on the application of the ratified maritime Conventions. In order to provide an overview of the issues raised on the application of these Conventions, the Committee considers it appropriate to address them in a single comment as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 5(2) Document containing seafarer’s record of employment on board. The Committee recalls its previous comment, which requested the Government to indicate the provisions in national legislation prescribing the form of the document containing a record of the seafarer’s employment on board, as well as to provide a specimen of the document. The Committee notes the Government’s indication that Resolution No. 9 of 13 May 2009 establishes the requirements for a seafarer’s employment record, and that it is not necessary to provide information on the quality of the seafarer’s work or wages. The Committee requests the Government to provide a sample of the seafarer’s employment record on board.

Article 6(3). Particulars of the agreement. In its previous comment, the Committee noted that the following items appeared to be missing from the particulars, as identified in the Government’s report, contained in the currently used seafarer’s contract of employment: (i) the birthplace of the seafarer; and (ii) the annual leave with pay granted to the seafarer after one year’s service with the same shipping company, if such leave is provided for national law. The Committee notes, in this respect, that the Government refers to Ministry of Transport Resolution No. 114 of 2009, issuing the Regulations on the hiring of seafarers to work on foreign-owned vessels. The Committee notes, however, that the Government has not provided information on how it is ensured, in this legislation and in practice, that seafarers’ articles of agreement contain all the information required by Article 6(3) of the Convention. In this respect the Committee requests the Government to identify the national laws and regulations prescribing the particulars required to be in a seafarer’s agreement with a shipowner, whether the seafarer or shipowner be foreign or national.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 1(1). Scope of application. In its previous comment, the Committee observed that section 3 of Resolution No. 9 of 2009 on the seafarers’ book only covers persons engaged in international maritime navigation and commercial ocean fishing, while the Convention applies to all seafarers engaged in any capacity on board a vessel, other than a ship of war, registered in a territory for which the Convention is in force. In this respect, the Committee notes the Government’s indication that section 66(2) of Act No. 115 on river, lake and maritime navigation of 2013, requires Cuban seafarers to carry seafarers’ identity documents when serving on board naval vessels, embarkations and crafts for the purpose of river, lake and maritime navigation. The Government adds that section 124.1 of Regulatory Decree No. 317 provides that employers and shipping enterprises located on the national territory, and masters and owners of naval vessels, embarkations and crafts are responsible for ensuring that all Cuban and foreign staff engaged on board a naval vessel have a valid seafarer’s book. The Committee notes this information.

Article 3. Possession by the seafarer of a seafarer’s identity document. In its previous comments, the Committee requested the Government to clarify the relationship between section 33 of Decree No. 26 of 1978 issuing regulations under Migration Act No. 312, which allows masters of vessels to retain custody of the identity documents of members of the crew, and section 7 of Resolution No. 9 of 2009, which provides that seafarers must carry the new seafarer’s book and to present it to national or foreign migration or maritime authorities upon request. The Committee notes the Government’s indication that Act No. 115 and Decree No 317 of 2 October 2013 are the laws in force on this subject, and that Resolution No. 9 of 2009 is still in force. The Committee requests the Government to indicate whether Decree No. 26 of 1978 is still in force, and if so, to provide information on the measures adopted or envisaged to amend section 33 of the Decree, which is not in conformity with this Article of the Convention.

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

Article 1(1) of the Convention. Scope of application. The Committee notes that, under section 3 of Resolution No. 9 of 13 May 2009 on seafarer’s book, the seafarer’s book is to be issued to seafarers engaged on international maritime navigation and commercial ocean fishing. It recalls that the Convention applies to every seafarer who is engaged in any capacity on board a vessel, other than a ship of war, registered in a territory for which the Convention is in force and ordinarily engaged in maritime navigation. The Committee accordingly requests the Government to take the necessary measures in order to extend the coverage of the relevant legislation in conformity with this Article of the Convention.

Article 3. Possession of a seafarer’s identity document by the seafarer. The Committee has been commenting for several years on the need to amend section 33 of Decree No. 26 of 19 June 1978, which allows masters of seagoing vessels to retain custody of the identity documents of members of the crew. In its last report, the Government refers to the new seafarer’s book established under Resolution No. 9 of 2009 as being the identity document for the purpose of this Convention. The Committee notes that under section 7 of that Resolution, the seafarer is obliged to carry the new seafarer’s book and to present it to national or foreign migration or maritime authorities on request. The Committee accordingly requests the Government to clarify the relationship between these two provisions.

In addition, the Committee notes the Government’s statement that due to the reinforcement of anti-terrorism measures, the seafarer’s passport has been reintroduced together with the new seafarer’s book. The Committee requests the Government to provide sample copies of the new seafarer’s book and of the seafarer’s passport.

Part V of the report form. Practical application. The Committee requests the Government to supply up-to-date information on the practical application of the Convention, including, for instance, statistical information on the number of seafarers’ identity documents issued during the reporting period, extracts from reports of the inspection services and any difficulties encountered in the application of the Convention.

Finally, the Committee notes the Government’s indication that steps are being taken for the harmonization of national legislation and the ratification of the Seafarer’s Identity Documents Convention (Revised), 2003 (No. 185). Convention No. 185 aims to enhance port and border security, while at the same time facilitating the freedom of movement of seafarers, by developing a more secure and globally uniform seafarer’s identity document. In this respect, the Committee wishes to refer to the summary of consensus achieved at the consultative meeting on Convention No. 185, held in Geneva on
23–24 September 2010, according to which “further ratifications and recognition of the seafarers’ identity document (SID) to facilitate shore leave are urgently needed, especially among port States” (see CSID/C.185/2010/4, p. 17). The Committee requests the Government to keep the Office informed of any further developments regarding the ratification of Convention No. 185.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 6(2) and Article 9 of the Convention, in particular the Government’s indication that the previously supplied contract sample is only used on board vessels engaged in coastal trade, which are excluded from the scope of this Convention.

Article 5. Document containing a record of seafarer’s employment on board. In its previous comment, the Committee asked the Government to provide, in its next report, a specimen of the document issued to seafarers pursuant to this provision of the Convention. The Government indicates that, at the seafarer’s discharge, the employer is obliged to issue certification attesting the seafarer’s services on board. According to the Government’s report, such document is personal and meets the requirements of the Convention. The Committee takes note of the information provided, which gives effect to the requirement contained in Article 5(1), first sentence, that “every seaman shall be given a document containing a record of his employment on board the vessel”.

Pursuant to Article 5(1), second sentence, the form of the document, the particulars to be recorded and the manner in which such particulars are to be entered, shall be determined by national law. The Committee requests the Government to indicate the provisions in national legislation prescribing the form of the document containing a record of seafarer’s employment on board, its particulars and the manner of entering such particulars, as required by the Convention.

In addition, Article 5(2) stipulates that the document shall not contain any statement as to the quality of the seafarers’ work or as to their wages. To be able to assess compliance with this provision of the Convention, the Committee requests the Government once again to supply a sample of the document containing a record of the seafarer’s employment on board.

Article 6, paragraph 3. Particulars of the agreement. In its report, the Government enumerates the particulars contained in the currently used seafarers’ contracts of employment. The following items listed in Article 6(3) appear to be missing:

(i)    birthplace of the seafarer (subparagraph (1)); and

(ii)    the annual leave with pay granted to the seafarer after one year’s service with the same shipping company, if such leave is provided for by national law (subparagraph (11)).

The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to bring national practice into conformity with these provisions.

Furthermore, the Committee invites the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date instrument in the field of, inter alia, seafarers’ employment agreements and is expected to enter into force in 2011. The Committee wishes to point out that the provisions of the MLC, 2006, consolidate and update the requirements of Convention No. 22. The ratification of the MLC, 2006, would entail the denunciation of the present Convention. The Committee would be grateful if, in its next report, the Government would communicate information on any consultations held in this regard and on any progress achieved towards the ratification of the MLC, 2006.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the adoption of Resolution No. 9 of 13 May 2009 approving the Regulation concerning the issuance of the seafarers’ book of the Republic of Cuba.

Article 3 of the Convention. Retention of the seafarer’s identity document by the seafarer. For many years, the Committee had been requesting the Government to bring section 33 of the Decree No. 26 of 1978 into conformity with the Convention to ensure that the seafarer’s identity document remains in the seafarer’s possession at all times. The Committee notes with interest that the seafarer is obliged to carry the new seafarer’s book, and to present it to national or foreign migration or maritime authorities on request (section 7 of the 2009 Regulation). However, in view of section 8 of this Regulation, the Committee asks the Government to explain how the new seafarer’s book relates to the seafarer’s passport issued under the 1978 Decree.

Furthermore, the Government had previously indicated that it was examining the possibility of ratifying the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), which is the up to date instrument in the field, and whose ratification would entail the denunciation of the present Convention. The Committee would be grateful if, in its next report, the Government would communicate information on any consultations held in this regard and on any developments concerning the ratification of Convention No. 185.

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

The Committee notes the Government’s last report, as well as the sample articles of agreement used by the enterprise Naviera Petrocost when recruiting seafarers.

Article 5 of the Convention. Issue of a document containing a record of seafarer’s employment on board. In its previous comment, the Committee recalled that, pursuant to Article 5, paragraph 1, of the Convention, every seaman shall be given a document containing a record of his employment on board the vessel at the end of his contract. The form of the document, the particulars to be recorded and the manner in which such particulars are to be entered in it, shall be determined by national law. It shall not contain any statement as to the quality of the seaman’s work or as to his wages. The Committee once again asks the Government to provide a specimen of a document issued to seafarers pursuant to this provision of the Convention in its next report.

Article 6, paragraphs 2 and 3. Particulars of the agreement. The sample articles of agreement provided by the Government seem only to contain the obligations of the seafarer. In its report, the Government states that these sample articles of agreement are in conformity with the national regulations applicable to this sector. The Committee recalls that, under the terms of this provision, agreements must state clearly the respective rights and obligations of each of the parties. Mention must be made in particular of the provisions to be supplied to the seaman and the amount of his wages. The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to bring national law and practice into conformity with these provisions.

Article 9. Termination of the agreement. Point 4 of the agreement used by the enterprise Naviera Petrocost relates to the termination of the agreement. It indicates that the seafarer must give at least 30 days’ notice when terminating the agreement; this notice may be given in written form or verbally in the presence of a witness. This point also provides that an agreement may only be terminated with the approval of the administrator and once a replacement has been found for the seafarer. The Committee recalls that termination of an agreement by one or other of the parties is a unilateral act that may not be linked to conditions such as the approval of a third person or the arrival of a replacement (Article 9, paragraph 1). Moreover, only in exceptional circumstances shall duly given notice not terminate the agreement (Article 9, paragraph 3). Finally, it emphasizes that Article 9, paragraph 2, of the Convention requires that notice be given in writing and does not authorize the giving of notice in verbal form, even in the presence of witnesses. Consequently, it seems that the agreement as well as the national legislation (the agreement used by Naviera Petrocost being, according to the Government, in conformity with the regulatory provisions applicable to this sector) contravene the provisions contained in the Convention. The Committee requests the Government to take all steps necessary to bring national law and practice into conformity with the Convention and to provide, in its next report, information on any developments in this regard.

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

Article 3 of the Convention. Retention of seafarer’s identity document by the seafarer. For many years, the Committee has been requesting the Government to indicate whether section 33 of Decree No. 26 of 1978 has been amended to ensure that the seafarer retains the identity document at all times. According to the information provided by the Government in its report, no amendment has been made. However, the Government indicates that, despite this provision, measures have been taken to ensure that a seafarer’s passport is at his disposal whenever necessary. The Committee reminds the Government that, in accordance with the Convention, the seafarer’s identity document shall remain in the seafarer’s possession at all times, and not just whenever necessary. It urges the Government to take measures to bring national law and practice into conformity with this provision.

The Committee notes the information provided by the Government that it is examining the possibility of ratifying the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It requests the Government to keep it informed of any developments in its examination of this matter.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 3 of the Convention. The Committee renews its request for the Government to indicate whether article 33 of the law of 31 July 1978 had been modified to ensure that the seafarer retains the identity document at all times, and to communicate any modifying texts.

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

Article 5 of the Convention. The Committee notes the Government’s report as well as a sample form used by Guincho Crewing Agency which lists documents required for enlistment of a crew member. The Committee recalls that under Article 5, paragraph 1, of the Convention every seaman shall be given a document containing a record of his employment on board the vessel (a "discharge book"). The form of such document, the particulars to be recorded and the manner in which such particulars are to be entered in it shall be determined by national law. It shall not contain any statement as to the quality of the seaman’s work or as to his wages. The Committee asks the Government to provide a specimen of a document issued to seafarers pursuant to this provision of the Convention.

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

Article 5 of the Convention. Please provide a specimen of the document issued to seafarers.

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

Article 3 of the Convention. The Committee notes that in its report the Government repeats the information supplied previously on the draft amendment of Act No. 1312 of 20 September 1976 and the consequent amendment of Decree No. 26 of 1978 so as to harmonize the national legislation with this provision of the Convention. The Committee trusts that the Government will take the necessary measures to ensure that the above amendments are adopted as soon as possible.

Article 4. Please provide a specimen of the identity document currently in force which is given to seamen.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 3 of the Convention. In its previous direct request, the Committee pointed out that section 33 of Decree No. 26 of 1978 should be amended to ensure that not only practice, but also the legislation, is in conformity with this Article of the Convention. The Committee notes with interest from the information in the Government's report that a draft amendment to Act No. 1312 of 20 September 1976 has been submitted to the competent authority, along with the consequent amendment to Decree No. 26 of 1978 issued under the Act, and that the amendments will be communicated to the International Labour Office as soon as they are in force. The Committee hopes that the Government will soon be able to indicate the progress made in this matter.