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

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

In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

Placing of Seamen Convention, 1920 (No. 9). Articles 3(2) and 4. Prohibition of the practice of finding employment for seafarers as a commercial enterprise for pecuniary gain. Efficient and adequate system of free employment offices for seafarers. For many years, the Committee has been drawing the Government’s attention to the fact that the Convention prohibits the finding of employment for seafarers for pecuniary gain. The Committee once again observes that the 2006 Regulations on workers’ employment agencies establishes a system in which private paid employment agencies coexist with agencies providing services free of charge. The Committee requests the Government to take the necessary measures to bring the law and practice into conformity with the Convention.

Article 5. Advisory committees. In its previous comments, the Committee requested the Government to take the necessary measures to ensure the establishment of committees consisting of an equal number of representatives of shipowners and seafarers to advise on matters concerning the operation of employment offices for seafarers. The Committee notes that the Government has not provided information on this subject. The Committee requests the Government to take the necessary measures to give effect to this Article of the Convention.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). Article 3. In its previous comments, the Committee noted that the national legislation does not establish a duration for the validity of medical certificates for seafarers under 18 years of age, as required by this Article of the Convention. In this regard, the Committee notes with interest the Government’s indication that the ninth section of the Medical requirements for technical personnel in maritime transport, published in September 2010, provides that personnel in the merchant navy shall be subject to a comprehensive psychological and physical examination every two years in order to assess their psychological and physical aptitude to perform safely and efficiently the duties entrusted to them in their maritime workbook, job description or maritime identity document, with the exception of those under 18 years of age, for whom it shall be every six months.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Article 1(1). Coverage of the compulsory sickness insurance scheme. In its previous comments, the Committee requested the Government to indicate whether the agreements concluded between the Mexican Social Security Institute (IMSS) and a number of shipping companies were still in force and whether the compulsory social security scheme, in the absence of such agreements, covers all seafarers. The Committee notes the Government’s indication that it does not have information on those agreements. The Committee however notes that section 12(I) of the Social Security Act provides that those persons shall be covered by insurance under the compulsory scheme, which includes sickness insurance, who, in conformity with sections 20 and 21 of the Federal Labour Act, perform paid work or provide personal or subordinate services, permanently or occasionally, to other associations, persons or economic units without legal personality, irrespective of the act which gave rise to such services and of the legal personality or economic nature of the employer, even where the latter, under the terms of any special legislation, is exempt from the payment of contributions. The Committee requests the Government to indicate whether these provisions guarantee in practice coverage by the compulsory medical insurance for all seafarers.

Article 7. Right to the insurance benefit after the termination of the engagement. The Committee notes that section 109 of the Social Security Act establishes a period of eight weeks following termination of employment during which entitlement is maintained and envisages the possibility for that period to be extended by the Technical Council of the IMSS at the request of the executive authorities. In this regard, the Committee notes that section 109 of the Act does not establish the period for the conservation of rights such that it covers the normal interval between successive engagements. The Committee requests the Government to indicate the provisions that have been adopted or are envisaged to ensure that seafarers benefit from the right to the sickness insurance benefit, also in the event of sickness occurring during the normal interval between successive engagements.

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

Articles 2–5 of the Convention. Recruitment agencies for seafarers. The Committee notes that the Government’s report contains no new information concerning the prohibition of fee-charging recruitment agencies for seafarers or the constitution of advisory committees consisting of an equal number of representatives of shipowners and seafarers to be consulted on matters related to the operation of employment offices for seafarers. Further to its previous comments, the Committee once again points out that the system for the placement of seafarers set out in the Regulations of 2006 on Workers’ Placement Agencies is not in conformity with the provisions of Articles 4 and 5 of this Convention, but appears to be in substantial conformity with the Recruitment and Placement of Seafarers Convention, 1996 (No. 179).

Article 10. Employment information. The Committee once again requests the Government to make every effort to collect and transmit up-to-date information on the seafarers’ unemployment situation and the work of the various placement agencies, public and private, specifically as regards seafarers.

The Committee takes this opportunity to recall that at the proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered (GB.283/LILS/WP/PRS/1/2, paragraph 12) that Convention No. 9 is an outdated instrument, and invited the States parties to this Convention to consider ratifying Convention No. 179, which allows for the operation of private recruitment agencies within a system of licensing or certification and also permits to charge jobseeking seafarers for the issuance of medical certificates and travel documents. However, most of the provisions of Convention No. 179 have since been incorporated and further expanded in Regulation 1.4, Standard A1.4 and Guideline B1.4 of the Maritime Labour Convention, 2006 (MLC, 2006), which revises Conventions Nos 9 and 179, as well as 66 other international maritime labour instruments. The Committee therefore hopes that, when reviewing existing legislation, the Government will not fail to give full consideration to the relevant provisions of the MLC, 2006. Moreover, the Committee requests the Government to keep the Office informed of any decisions taken or envisaged with respect to the early ratification and effective implementation of the MLC, 2006.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the adoption of the Regulations of 3 March 2006 on workers’ placement agencies and the Agreement of 27 April 2006 on administrative formalities for the establishment of such agencies. It nonetheless draws the Government’s attention to the points below.

Article 2, paragraph 1, of the Convention. Placement of seafarers to be free of charge. For several years, the Government has been stating in its reports that there are no free placement agencies specifically for seafarers. Upon qualifying, seafarers have several options for finding employment: they may join unions that have concluded collective agreements with maritime companies; apply directly to a vessel; or resort to the National Training and Employment Service or to a free placement agency open to all workers. The recently adopted Regulations on Workers’ Placement Agencies set up a system under which private fee-charging placement agencies and non-profit placement agencies exist side by side. They are open to all workers and hence, to seafarers. Section 10(I) of the Regulations nonetheless specifies that the agencies may not ask for fees from workers who use their services. The placement fees thus appear to be borne by the employers, at least in the case of private fee-charging agencies. Nevertheless, section 10(IV) of the Regulations bars private non-profit agencies from demanding any payment from employers.

In its report, the Government states that the Senate expressed itself against ratification of the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), which allows private agencies to place seafarers provided that they demand no fees from them. The Committee reminds the Government that Convention No. 9 does not allow the placement of seafarers for gain. Neither shipowners nor seafarers must be required to pay fees. The incorporation in the national legislation of a provision prohibiting agencies from charging seafarers is not enough to ensure that this provision of the Convention is applied. The Committee further points out that each Member is to set up an efficient and adequate system of free, and normally public, employment offices for finding employment for seafarers (Article 4). It also points out that any exemptions authorized under Article 3 to the rule against placement for pecuniary gain must be temporary, and the Government must take all necessary steps to abolish as soon as possible the placement of seafarers as a commercial enterprise for pecuniary gain. Mexico ratified the Convention 67 years ago, in 1939, yet the existence of private placement agencies for seafarers has been legalized by the new text. The Committee therefore requests the Government to take the necessary steps to bring its legislation and practice into line with the Convention. It asks the Government to ban the placement of seafarers as a commercial enterprise for pecuniary gain and to ensure that only non-fee-charging, and normally public, agencies are authorized to find employment for seafarers.

Article 5. Advisory committees. The Government has for many years been referring to the provisions of section 539A of the Federal Labour Act which provides that the Secretariat of Communications and Transport, the authority competent for the placement of workers, shall be assisted in its work by an advisory council made up of representatives from the public sector, and national organizations of workers and employers. The Convention, however, provides that committees consisting of an equal number of representatives of shipowners and seafarers shall be constituted to advise on matters concerning the operation of free and public agencies for the placement of seafarers. There are, however, no such agencies in the country, since the above body does not fulfil the requirements of the Convention. The Committee therefore asks the Government to take the necessary steps to bring the legislation and practice into line with this Article.

In 2005, the Workers’ Confederation of Mexico indicated in comments on the Government’s report that a Seafarers’ Welfare Committee had been established in which the General Secretary of the Order of Ships’ Captains and Pilots participates in coordination with the maritime authority. The Committee requests the Government to send information on this Committee in its next report.

Articles 6 and 7. Guarantees for the protection of parties. The Government refers to article 133 of the Constitution of the United Mexican States which confers on international treaties signed by the President of the Republic and approved by the Senate the rank of supreme law, and to section 194 of the Federal Labour Act under which seafarers’ working conditions shall be set down in writing and issued in quadruplicate. Each party must obtain a copy of the working conditions, as must the port authority or the nearest Mexican consul and the labour inspection services of the place where the work contract was signed. The Workers’ Confederation alleges, however, that workers, including seafarers, do not receive copies of their contracts and are required by placement agencies or employers to sign a blank document enabling their rights to be waived. The Committee therefore asks the Government to take all necessary steps to bring  the legislation and practice into line with these provisions of the Convention and to provide information on the measures taken in its next report.

Article 8. Placement of foreign seafarers. The Regulations on Workers’ Placement Agencies, 2006, may be interpreted to cover foreign workers as well, including seafarers, since they bar such agencies from making any distinction between workers on grounds of ethnic origin, language or any other grounds the effect of which is to prevent or impair equality of opportunity. The Committee requests the Government to provide information on the placement of foreign seafarers in its next report.

Article 10. Operation of placement and unemployment establishments for seafarers. In its report, the Government states that the lack of placement agencies for seafarers explains the fact that there are no statistics. Neither the National Employment Service nor any of its offices in the federal coastal entities, commercial ports, and tourist ports registered any placements of seafarers between July 2002 and June 2005. The Committee reminds the Government that communication of information, statistical or otherwise, concerning unemployment among seafarers and the work of seafarers’ employment agencies is essential to an evaluation of how the Convention is being applied. It requests the Government to take the necessary measures to give effect to this Article and to inform the Committee of them in its next report.

Part IV of the report form. Court decisions. The Government states that, between 1 January 2002 and 31 December 2004, there were 92,664 inspections in the country, and they were carried out in enterprises under federal jurisdiction. The Committee requests the Government to send in future information focusing specifically on the placement of seafarers and to indicate in its next report whether, as a result of inspections, complaints have been filed with the courts and whether the latter have given decisions involving questions of principle relating to the application of the Convention.

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

1. The Committee notes the Government’s report for the period ending June 2002. With regard to Article 4 of the Convention, the Government states that there has been no change with regard to the matters raised in its 1998 observation. The Committee hopes that the Government will ensure the organization and maintenance of an efficient and adequate system of public employment offices for finding employment for seafarers without charge, in accordance with Article 4 of the Convention. In this respect, the Committee would be grateful if the Government would provide information in its next report on the number of applications for work received, the number of vacancies notified and seafarers placed in employment by the employment offices for seafarers, the measures which may have been taken to secure the coordination of employment services for seafarers at the national level, and statistical information on unemployment among seafarers (Article 10).

2. The Government recalls in its report the general provisions of the Federal Labour Act under which advisory committees for the placement of workers are established. The Committee once again notes that Article 5 of the Convention requires the establishment of a consultation procedure through committees consisting of an equal number of representatives of shipowners and seafarers and it hopes that the Government will take the necessary measures to give effect to this provision of the Convention.

3. The Committee recalls that the Governing Body has invited States parties to Convention No. 9 to envisage the possibility of ratifying the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the ratification of which would involve the immediate denunciation of Convention No. 9 (please see paragraphs 47-51 of document GB.273/LILS/4(Rev.1), November 1998). The Committee would be grateful if the Government would provide information in its next report on any consultations held on this matter.

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

1. Article 4, paragraph 1, and Article 5 of the Convention. The Committee notes the information provided by the Government in its report according to which the National Employment Service (SNE) aims to match job applicants with vacancies in the productive sector by promoting the productive integration of workers and appropriate collaboration between them. The Government states that during 1996 and the first quarter of 1997, the National Employment Service registered five vacancies on board ocean-going ships; 35 applications were submitted, five were short-listed and one worker was eventually hired. The Committee refers to the comments that it has made for a number of years and trusts that the Government will continue to keep it informed of efforts made in the organization and maintenance of an efficient and adequate system of public employment offices for finding employment for seamen without charge, in accordance with Article 4. It trusts that the Government will continue to provide information on the number of applications received, vacancies notified and seamen placed in employment by the employment services, the steps taken to ensure the coordination of these job placement services at national level, and statistical information on unemployment among seamen (Article 10).

2. Article 5. The Committee again notes that there are no joint shipowners' and seamen's committees as such. The Government indicates that the services of such committees are provided through other means (collective labour contracts and the Advisory Board of the National Employment Service) established by legislation, which give expression to the wishes of the parties involved in the form of agreements achieved through collective bargaining. The Committee notes that the Advisory Board is a general body and is not a body which could replace the role of specifically oriented committees concerned with the employment of seamen. The Committee therefore reiterates its request that the Government take account of the provisions of Article 5 of the Convention and take the specific measures needed to establish a consultation process through committees consisting of an equal number of representatives of shipowners and seamen, as required by the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information provided by the Government in reply to its earlier comments. The Government indicates, with reference to its previous reports, that the employment of seafarers in Mexico is effected under the procedures and conditions of work agreed to by employers and workers. It also states that the National Employment Service offers its services to all applicants including those who would like to work on board and that private employment agencies do not participate in finding employment for seafarers.

While noting this information, the Committee would like to draw the Government's attention once again to the fact that the practice for the placement of seafarers which was described in the previous reports, to which reference is made in the Government's present report, is not in conformity with the provisions of Article 4, paragraph 1, of the Convention, which requires each member State to ensure the organization and maintenance of an efficient and adequate system of employment offices for finding employment for seafarers without charge, which may be organized and maintained either (a) by representative associations of shipowners and seafarers jointly under the control of a central authority, or (b) by the State itself. The Committee therefore requests the Government to indicate, in its next report, measures taken or envisaged to ensure placement of seafarers in accordance with the provisions of the Convention. It also asks the Government to supply information concerning the work of the National Employment Service in regard of seafarers, indicating, in particular, the number of applications for employment received, the number of vacancies notified and the number of seafarers placed in employment, if any, by its offices. Please also indicate steps that have been taken to coordinate the work of various employment offices on a national basis (paragraph 3).

Article 5. With reference to its earlier comments, the Committee notes that there is no new information in the report concerning the constitution of committees consisting of an equal number of representatives of shipowners and seafarers which should be consulted on matters concerning the carrying on of the employment offices for seafarers. It can but reiterate its hope that the Government will not fail to adopt appropriate measures in order to establish a consultation procedure in accordance with the provisions of this Article and asks the Government to report any progress made in this regard.

Article 10, paragraph 1. The Committee refers to its comments under Article 4 above and notes the information on the difficulties encountered by the National Employment Service in processing the statistical data on the employment of seafarers. It expresses the hope that such information will be communicated by the Government as soon as it is available, as required by this Article.

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

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.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to the comments that it has been making for a number of years, the Committee notes the detailed information supplied by the Government in its report concerning, in particular, the organisation of the placement of seafarers through collective labour agreements between shipowners and seafarers' trade unions.

1. The Committee points out that Article 4, paragraph 1 of the Convention requires the State to ensure the organisation and maintenance of an efficient and adequate system of employment offices for finding employment for seafarers without charge. In this connection, the Committee requests the Government to indicate the measures that have 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 Committee would also be grateful if the Government would indicate the way in which an efficient and adequate system of employment offices for finding employment for seafarers 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) and to supply the statistical data on the functioning of non-fee-paying placement agencies as required by the report form approved by the Governing Body.

2. Article 5. The Committee notes the collective labour contract concluded between Petróleos Mexicanos and the Revolutionary Union of Petroleum Workers, which was transmitted by the Government with its last report. The Committee requests the Government to supply information on other committees that are set up and where they have been established and to supply details concerning the consultation procedure and the composition of these committees.

[The Government is asked to report in detail for the period ending 30 June 1990.]