Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Placing of Seamen Convention, 1920 (No. 9) - Mexico (Ratification: 1939)

1. The Committee notes the Government's report. It notes with interest that in order to respond to its previous comments, information was requested from the Confederation of Workers of Mexico, the Confederation of Chambers of Industry of the United States of Mexico (CONCAMIN), the Secretariat of Communications and Transport, and Petróleos Mexicanos (PEMEX).

2. In its observation of 1989, the Committee requested the Government to indicate the measures that had been adopted to ensure the placement of seafarers in accordance with the requirements of the Convention, particularly for workers who are not members of a seafarers' representative association and in the case of seafarers' associations which have not concluded collective agreements with a shipowners' association. The Government indicates that the common practice in Mexico is for the placement of seamen to be carried out under the right to exclusive placement agreed to by employers and workers. Workers who are not members apply directly to the enterprises and/or the trade union organisations. In the coastal States where seamen are employed, state employment services serve all applicants without any type of discrimination. The Secretariat of Communications and Transport comments that it is very rare to find cases in which workers are not members of an association representing seamen or of workers' associations which have not concluded collective agreements with a shipowners' association. The Committee notes the collective labour agreements transmitted by the Government: between the National Union of Seamen, Stokers, Butlers, Cooks, Waiters and Allied Workers and an enterprise with the name of Gestión Integral S.A., which provides services to enterprises engaged in sea navigation; and between the Order of Naval Captains and Pilots and Transportes Marítimos México, S.A.

The Committee refers to its observation of 1990 on the application of the Fee-Charging Employment Agencies Convention, 1933 (No. 34), in which it noted that Convention No. 34, providing that employment agencies conducted with a view to profit should have been abolished, was not complied with. The Committee once again points out that Article 4, paragraph 1, of Convention No. 9 requires the Government to ensure that an efficient and adequate system of employment offices for finding employment for seamen without charge is organised and maintained. In this connection, the Committee requests the Government to supply information in its next report to enable the Committee to assess the manner in which an efficient and adequate system of employment offices for finding employment for seamen without charge is ensured by the central authority (paragraph 1(a)). Please also indicate, where appropriate, the measures that have been taken to co-ordinate the various placement agencies on the national level (paragraph 3).

3. The Committee requested the Government to supply the statistical data on the functioning of non-fee-paying placement agencies required in the report form approved by the Governing Body. The Committee notes that no information is available at this level. It notes with interest that the Directorate of the National Employment Service of the Secretariat of Labour and Social Insurance will issue an instruction to its offices that are located on the coast of Mexico in order to register vacancies and applications for employment on vessels. The Committee is bound to emphasise that data on the organisation of the system of offices for the employment of seamen without charge (see also Article 10, paragraph 1), contribute to ensuring that full effect is given to the Convention. The Committee therefore trusts that the Government will be in a position in its next report to supply the data on the placement of seamen in such a way as to ensure the complete effectiveness of "an efficient and adequate system of employment offices for finding employment for seamen without charge".

4. Article 5. The Government states in its report that it has no information on the constitution of any specific joint committee which should be consulted on the functioning of offices for the employment of seamen. The Committee expresses the hope that, in the light of its comments, the Government will be able to indicate in its next report the measures that have been adopted to establish a consultation procedure, as required by this provision of the Convention, concerning the functioning of offices for finding employment for seamen without charge.