Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Brazil (Ratification: 1991)

The Committee notes the Government's reports for the period up to 1998. It requests the Government to provide additional information on the following points:

Article 1, paragraph 3, of the Convention. Please confirm whether Convention No. 147 in fact applies to seagoing tugs and, if so, indicate the specific provisions of the national legislation governing employment on board such tugs.

Article 1, paragraphs (a), (b) and (c). Please clarify whether the Regulations on Maritime Shipping (the "RTM") are applicable to ships primarily propelled by sail, whether or not they are fitted with auxiliary engines; to ships engaged in fishing or in whaling or in similar pursuits; and to small vessels and vessels such as oil rigs and drilling platforms when not engaged in navigation.

Article 2(a). (Conventions listed in the appendix to Convention No. 147, but not ratified by Brazil): Please indicate which of the three Conventions (Conventions Nos. 55, 56 or 130) the Government intends to apply for the purposes of substantial equivalence.

-- Convention No. 55: Please indicate (i) what are the specific provisions of national laws or regulations (if any) establishing the liability of the shipowner in cases referred to in Article 2, paragraph 1, of Convention No. 55; (ii) those determining the amount of medical care and maintenance provided at the expense of the shipowner (Article 3); (iii) what is the length of the liability of the shipowner to defray the expense of medical care and maintenance (Article 4, paragraph 1); (iv) whether the shipowner ceases to be liable in respect of a sick or injured person in cases indicated in Article 4, paragraph 3; (v) whether the scope of liability of the shipowner covers items listed in Article 5, paragraph 1; (vi) what is the length of liability of the shipowner to pay wages in whole or in part in respect of the person no longer on board and what are the specific provisions of the national laws or regulations establishing such length (Article 5, paragraph 3); (vii) whether the shipowner is liable to defray burial expenses in case of death occurring on board, or in case of death occurring on shore if at the time of his death the deceased person was entitled to medical care and maintenance at the shipowner's expense and, if so, indication of the specific provisions of national laws or regulations establishing such duty of the shipowner (Article 7, paragraph 1).

-- Convention No. 56: Please indicate: (i) whether under the national laws or regulations the insured person is entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the grant of sickness benefit expires, to medical treatment by a fully qualified medical practitioner and to the supply of proper and sufficient medicines and appliances (Article 3, paragraph 1, of Convention No. 56); (ii) whether under national laws or regulations the insured person is required to pay any part of the cost of medical benefit (Article 3, paragraph 2); (iii) whether the insurance institution shall provide for the treatment of the sick person in a hospital and in such case shall grant him full maintenance together with the necessary medical attention and care and, if so, what are the specific provisions of national laws or regulations establishing such duty (Article 3, paragraph 4); (iv) whether national laws or regulations have provisions equivalent to Article 4, paragraph 1; (v) whether under national laws or regulations the right to insurance benefit continues in respect of sickness occurring during a definite period after the termination of the last engagement and, if so, what is the length of this period and what are the specific provisions of the national laws or regulations establishing such period (Article 7); (vi) whether under the national laws or regulations the insured person has a right of appeal in case of dispute concerning his right to benefit (Article 10, paragraph 1).

-- Convention No. 130: Please indicate: (i) whether the seafarers are provided with the medical care of a curative nature and, under prescribed conditions, with the medical care of a preventive nature and, if so, what are the respective provisions of national laws or regulations (Article 7, of Convention No. 130); (ii) what are the specific provisions of national laws or regulations establishing the right of seafarers to the provision of medical care of a curative or preventive nature in respect of the contingency referred to in subparagraph (a) of Article 7 (Article 8); (iii) whether national laws or regulations have provisions equivalent to Articles 9, 10, 12, 13 and Article 16, paragraph 1; (iv) whether under national laws or regulations the beneficiary or his breadwinner is required to share in the cost of the medical care referred to in Article 8 of the Convention and, if so, how it was ensured that the rules concerning such cost sharing have been so designed as to avoid hardship and not to prejudice the effectiveness of medical and social protection (Article 17); (v) whether apprentices are entitled to the sickness benefit (Article 19); (vi) whether national laws or regulations have provisions equivalent to Article 27, paragraph 1, and Article 29, paragraph 1.

-- Convention No. 73: Please 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, paragraph 1, of Convention No. 73); (ii) whether the medical certificate shall attest the particulars listed in Article 4, paragraph 3, and, if so, what are the specific provisions of the national laws or regulations establishing such requirement (Article 4, paragraph 3); (iii) what is the period of validity of the medical certificate and what are the respective provisions of the national laws or regulations establishing such period (Article 5, paragraph 1); (iv) what is the period of validity of a medical certificate in so far as it relates to the colour vision and indication of the specific provisions of the national laws or regulations establishing such period (Article 5, paragraph 2).

-- Convention No. 68 (Article 5): Please indicate: (i) whether there exist laws or regulations concerning food supply and catering arrangements designed to secure the health and well-being of the crews of the vessels; (ii) whether these laws or regulations require the provision of food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and (iii) whether these laws or regulations require the arrangement and equipment of the catering department in every vessel in such a manner as to permit of the service of proper meals to the members of the crew.

-- Convention No. 87: Please indicate: (i) whether seafarers who are not citizens of Brazil can establish and, subject only to the rules of the organizations concerned, join organizations of their own choosing without previous authorization and whether they can exercise union functions (Article 2 of Convention No. 87); (ii) whether the Minister of Labour has discretionary powers to approve the constitution and rules of occupational associations or whether such approval is a mere formality (Article 2); (iii) how it is ensured that workers' and employers' organizations have the right to formulate their programmes (Article 3, paragraph 1); (iv) what are the specific powers of the officers of the Ministry of Labour appointed by the Minister of Labour or his representative under section 525 of the Codification of Labour Laws (the "CLL") (Article 3, paragraph 2); (v) what is the criteria for determining whether under section 528 of the CLL the dispute or occurrence disturbs the operation of an occupational organization; (vi) what are the specific powers of the representative of the Ministry of Labour, appointed under section 528 of the CLL; (vii) whether there exists a right of appeal against the decision of the Ministry of Labour to intervene under section 528 of the CLL; (viii) details on the practical application of section 528 of the CLL; (ix) whether the Government intends to repeal the provisions of sections 534 and 535 of the CLL imposing restrictions on the right of trade unions to establish and join federations and confederations and the provision of section 565 of the CLL making international affiliation subject to previous authorization by Decree of the President of the Republic.

-- Standards of hours of work: Please indicate whether national laws or regulations establish any limitations on the overtime when the vessel is at sea.

Article 2(b)(i). The Committee asks the Government to indicate what measures have been taken to ensure effective jurisdiction in respect of the observance of the laws and regulations dealing with the matters mentioned in this paragraph.

Article 2(b)(ii). The Committee asks the Government to indicate whether there is any specialized institution entrusted with the duty of supervision over the observance of social security measures prescribed by national laws or regulations.

Article 2(c). Please indicate: (i) specific measures for the effective control of shipboard conditions of employment and living arrangements, where the State has no effective jurisdiction, agreed between shipowners or their organizations and seafarers' organizations; and (ii) the criteria for delimitation between the governmental control (exercised by the labour inspection within the framework of the Ministry of Labour; the Ministry of Fleet through the Directorate of Ports and Coasts and other bodies) and non-governmental control established by respective agreements between shipowners or their organizations and seafarers' organizations.

Article 2(d)(i) and (ii). Please provide a more detailed description of the procedure: (i) for the investigation of complaints arising in connection with the engagement of seafarers on ships registered in the territory of Brazil; and (ii) for the investigation of complaints made in connection with the engagement in the territory of Brazil of seafarers of Brazil or foreign seafarers on ships registered in a foreign country.

Article 2(f). Please provide information on the working of the inspection (size of inspection staff; number and results of inspections and investigations of complaints; penalties imposed); and indicate how cooperation is organized between the labour inspection and the Directorate of Ports and Coasts.

Article 2(g). Please indicate whether the final reports of such inquiries are made public; and provide information on the number of inquiries held during the current reporting period, and on measures taken as a result.

Article 4, paragraph 1. Please provide information on the number and nature of cases considered and on the nature of any action taken.

Part IV of the report form. The Committee asks the Government to provide detailed information on any measures adopted following the assessment and proposals of the tripartite working group, created in accordance with Order No. 893, dated 15 September 1992, and on progress achieved in the application of the Convention through enhanced inspection.

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

-- Order No. 3.214 on the approval of regulatory norms on safety and medicine at work, dated 8 June 1978;

-- Order No. 16 on the establishment of norms for the operation of foreign ships in waters under national jurisdiction, dated 23 April 1993;

-- PORTOMARINST No. 20-02-A, adopted by the Directorate of Ports and Coasts of the Ministry of Marine.