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

Seamen's Articles of Agreement Convention, 1926 (No. 22) - Brazil (Ratification: 1965)

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.