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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the reports submitted by the Government on the application of maritime Conventions Nos 22, 133, 146, 147, 163, 164, 166 and 178. With a view to providing an overview of the matters raised in relation to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee notes the Government’s indications that the Tripartite Committee on Maritime Working Conditions (CT–Maritime) has held several meetings on issues relating to the ILO maritime Conventions, with a primary focus on the implementation of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Government also indicates that it is in the process of ratifying MLC, 2006, after which it will adopt regulations to implement the Convention in domestic legislation. Pending the ratification of MLC, 2006, the discussions held by the CT–Maritime will continue in order to bring the existing legislation into conformity with the requirements of the maritime Conventions in force, based on the Committee’s comments. The Committee further notes the information provided by the Government on the inspections carried out regarding the issues covered by the maritime Conventions.

The Committee observes that, based on the recommendations of the Special Tripartite Committee established under MLC, 2006, the Governing Body decided that countries bound by, inter alia, Conventions Nos 22, 146 and 166 should be encouraged to ratify MLC, 2006, which would involve the automatic denunciation of these Conventions (GB.334/LILS/2(Rev.)). In this regard, the Committee encourages the Government to ratify MLC, 2006, and requests the Government to provide information on any progress achieved in this regard.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Article 3 of the Convention. Agreement signed by shipowners or their representatives and by seafarers. In its previous comment, in light of the fact that section 443 of the Consolidated Labour Laws (CLT) provides that a contract of employment may be either written or oral, the Committee requested the Government to indicate how it is ensured that the seafarer’s contract of employment is signed both by the shipowner or his or her representative and by the seafarer. The Committee observes that the Government repeats the information provided previously and adds that labour inspectors verify the existence of a valid employment agreement signed by the shipowner or his or her representative and by the seafarer, in accordance with all of the requirements set out in the Convention. The Government also indicates that, pursuant to section 13 of the CLT, each worker has an employment and social security record card on which they must record all employment and which must be signed by their employer. While observing that, according to the Government’s indication, Article 3 is applied in practice, the Committee recalls that Article 3 of Convention No. 22 (a provision that has been incorporated into MLC, 2006), each Member shall adopt laws or regulations requiring all seafarers working on ships that fly its flag to have a seafarers’ employment contract signed by both the seafarer and the shipowner or a representative of the shipowner. The shipowner and the seafarer concerned shall each have a signed original of the seafarers’ employment agreement. This agreement must also contain the information required by Article 6 of the Convention. The Committee requests the Government to indicate the legislative measures adopted that require seafarers to have an employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner.

Article 6. Particulars of articles of agreement. In its previous comment, the Committee requested the Government to indicate the manner in which it ensures that seafarers’ employment contracts contain the particulars listed in Article 6(3). In view of the lack of information provided by the Government, the Committee requests it to supply information in this regard.

Article 14(2). Certificate on quality of work. In its previous comment, the Committee requested the Government to indicate the measures taken to ensure that seafarers have at all times the right to obtain from the master a certificate on quality of work. The Committee notes the Government’s indication that, in order to give full effect to this Article of the Convention, discussions were initiated within the CT-Maritime and are ongoing. The Committee requests the Government to provide information on the measures adopted to give effect to Article 14(2) of the Convention.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

Article 5(1)–(9). Sleeping rooms. Article 6(1). Floor area of mess rooms. Article 7. Recreation facilities. Articles 8(1)–(5) and (7), and 9. Sanitary facilities. Article 10. Minimum headroom. Article 11. Lighting. In its previous comment, the Committee noted that the issues addressed with regard to the requirements on sleeping rooms, floor area of mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting, would be discussed by the National Standing Committee for Waterways (CPNA) and the CT–Maritime, and requested the Government to provide information on the progress achieved in this regard. The Committee notes the Government’s indication that the discussions are ongoing in the CPNA and the CT–Maritime in order to bring the legislation into force, particularly Regulation No. 30 on maritime occupational safety and health, into conformity with the Convention. The Committee encourages the Government to take, without delay, the necessary measures to ensure conformity with the detailed requirements of the Convention regarding sleeping rooms, mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146)

Article 9. Cash payment in lieu of leave. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that, due to its ratification, Convention No. 146 was the force of law. In this way, section 143 of the CLT, under which seafarers are allowed to request that one third of their leave entitlement take the form of a cash payment, is applied in conjunction with Article 9 of the Convention, which allows for annual leave to be substituted by a cash payment only in exceptional cases. The Government adds that the labour inspectorate carries out inspections with a view to ensuring that the substitution of annual leave is only permitted in accordance with Article 9 of the Convention.

Article 10. Time of annual leave. In its previous comment, the Committee requested the Government to provide information on the progress achieved by the CT–Maritime in ensuring conformity with Article 10(1) of the Convention, which provides that the time at which the leave is to be taken shall, unless it is fixed by regulation, collective agreement, arbitration award or other means consistent with national practice, be determined by the employer after consultation and, as far as possible, in agreement with the seafarer concerned or his or her representatives. The Committee notes the Government’s indication that section 136 of the CLT, which provides that annual leave shall be granted at a period most convenient to the employer’s interests, subject to the exceptions specified, does not require the time of annual leave to be agreed upon with the worker. The Government indicates, however, that collective agreements may comply with Article 10(1), as they provide for more favourable conditions for workers with regard to determining the time of annual leave. The Committee requests the Government to adopt the necessary measures to ensure full conformity with Article 10(1) of the Convention and requests it to provide information in this regard.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(i). Safety standards. Medical examination. In its previous comment, the Committee requested the Government to 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(1) of Convention No. 73); (ii) whether the medical certificate attests the particulars listed in Article 4(3) of Convention No. 73; and (iii) the period of validity of the medical certificate (Article 5(1) of Convention No. 73). The Committee notes that section 30.5.4 of Regulation No. 30, as amended, provides that the medical criteria and medical certificate template established in Table III must be applied for maritime workers operating vessels intended for navigation in the open sea. The Committee notes that the minimum criteria for medical examinations and the medical certificate template, which are in conformity with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), are in conformity with Convention No. 73.

Article 2(a)(ii). Social security measures. In its previous comment, the Committee noted the Government’s indication on Decree No. 3048/99, which provides the basis for free health and medical care for all workers in Brazil. The Government also supplied information on the allowances provided in case of occupational sickness or industrial accident. The Committee requested the Government to indicate which of the three Conventions, that is, the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Sickness Insurance (Sea) Convention, 1936 (No. 56), or the Medical Care and Sickness Benefits Convention, 1969 (No. 130), it intended to apply for the purposes of this Convention. The Committee notes the Government’s indication that social security benefits, for both sickness and accidents, are the responsibility of the Ministry of Social Security, and are determined based on the form of contribution and not on the sector of work. The Government also indicates that it has not ratified any of the three Conventions on social security. The Committee recalls that Article 2(a)(ii) of Convention No. 147 provides that each Member undertakes to have laws or regulations laying down, for ships registered in its territory, appropriate social security measures; and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to one of the above Conventions, in so far as the Member is not otherwise bound to give effect to the Conventions in question. The Committee observes that, in accordance with Article 2(a)(ii), for not having ratified any of these three Conventions, Brazil is required to demonstrate that the provisions contained in domestic legislation are substantially equivalent to those contained in one of the three Conventions (Nos 55, 56 or 130). The Committee requests the Government to provide information on the manner in which it has adequately demonstrated that its domestic legislation is substantially equivalent to at least one of Conventions Nos 55, 56 and 130 with regard to seafarers working on board ships registered in its territory.

Article 2(a)(iii). Shipboard conditions of employment. Freedom of association. In its previous comment, the Committee requested the Government to keep the Office informed of any progress made in the process of revision of the CLT with regard to trade union rights. The Committee notes the adoption of Act No. 13467 reforming the CLT, with regard to, inter alia, freedom of association issues. The Committee recalls that, in accordance with Article 2(a)(iii) of the Convention, each Member which ratifies this Convention undertakes to have laws or regulations laying down shipboard conditions of employment and shipboard living arrangements, and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to this Convention, including Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in so far as the Member is not otherwise bound to give effect to the Conventions in question. The Committee requests the Government to indicate the manner in which the reform of the CLT affects the respect of the freedom of association of seafarers working on board ships registered in Brazil.

Seafarers’ Welfare Convention, 1987 (No. 163)

Articles 2(1) and 5. Welfare facilities and services. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently. The Committee notes the information provided by the Government on the welfare services at sea and in port, and on the inspections carried out in this regard. However, it observes that the Government does not provide information on the measures adopted to guarantee that welfare facilities and services are reviewed frequently to ensure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry, as set out in Article 5 of the Convention. The Committee once again requests the Government to provide information on the measures adopted to give full effect to Article 5 of the Convention.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164)

Article 5(4). Inspection of the medicine chest at regular intervals. In its previous comments, the Committee requested the Government to indicate the manner in which it is ensured that the medicine chest and medical equipment carried on board are inspected at regular intervals not exceeding 12 months. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide, without delay, information on the progress achieved in this regard.

Article 8. Medical doctor on board ships. In its previous comments, the Committee requested the Government to adopt measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor as a member of the crew. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide information on the progress achieved in this regard.

Article 9(1). Persons in charge of medical care. In its previous comment, the Committee noted that under section 0113 of NORMAM-01/DPC, ships engaged in coastal navigation must carry a nurse or health auxiliary for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. The Committee recalled that, in accordance with Article 9(1) of the Convention, all ships to which this Convention applies and which do not carry a doctor shall carry as members of the crew one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. The Committee therefore requested the Government to indicate the manner in which it is ensured that ships engaged in coastal navigation for voyages of under 48 hours for passenger ships and under 72 hours for cargo ships carry one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. Noting the Government’s indication that the matter is still being examined by the CT–Maritime, the Committee requests it to provide, without delay, information on the progress achieved in this regard.

Article 12. Standard medical report form. In its previous comments, the Committee requested the Government to adopt a standard medical report form as required by the Convention. The Committee notes that the Government, as in its previous report, refers to the seafarers’ health certificate and not to the medical report form, the requirements for which are set out in Article 12 of the Convention. The Committee recalls that a medical certificate attests the aptitude of a person to work as a seafarer (see comment on Convention No. 147, Article 2(a)(i)), while a medical report form is a model for use by ships’ doctors, masters or persons in charge of medical care on board and hospitals or doctors ashore, and is designed to facilitate the exchange of medical and related information concerning individual seafarers in cases of illness or injury (Article 12(1) and (2)). The Committee once again requests the Government to take the necessary measures to adopt a standard medical report form as required by Article 12 of the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166)

Articles 4(5), 6, 7 and 12. Arrangements for repatriation. In its previous comments, the Committee requested the Government to adopt supplementary provisions to Decree No. 6968 of 29 September 2009, in order to regulate the following matters which are not contained in the Decree: (i) prohibiting the shipowner from requiring an advance payment to cover repatriation costs (Article 4(5)); (ii) entitling the seafarer to obtain their passport and identity documents for the purpose of repatriation (Article 6); (iii) prohibiting the deduction of time spent awaiting repatriation or repatriation travel time from paid leave (Article 7); and (iv) ensuring that the text of the Convention is available to crew members in an appropriate language (Article 12). The Committee notes the Government’s indication that, since its ratification by Brazil, Convention No. 166 has the force of law, and must be applied throughout the national territory. The Government also indicates that the various regulatory instruments in force in Brazil coexist in a harmonious and complementary manner, and in case of conflict between regulations, those most favourable to the workers are applied.

Labour Inspection (Seafarers) Convention, 1996 (No. 178)

Article 3(3). Inspection following substantial changes. In its previous comments, the Committee requested the Government to specify which provision of NORMAM-01/DPC ensures that ships flying the Brazilian flag are inspected within three months of substantial changes in construction or accommodation arrangements. The Committee notes the Government’s indication that the initial inspection for the issuance of navigation safety certificates are carried out during or after the construction, alteration or substantial alteration of a ship, including in cases of substantial changes. The Government also indicates that, despite the fact that NORMAM-01/DPC does not provide for a specific period of time in which initial inspection visits must be carried out, NORMAM-06/DPC specifies that one of the requirements for recognition as a classification society that issues certificates is the maintenance of a permanent administrative and technical structure capable of addressing inspection requests within 48 hours. The Committee also notes the Government’s indication that, in practice, inspection visits are carried out at the request of the person concerned within three months. The Committee observes that the scope of application of the provisions on inspection visits (chapter 10 of NORMAM-01/DPC) does not extend to all of the ships covered by Convention No. 178, that is, “every seagoing ship, whether publicly or privately owned, which is registered in the territory of a Member for which the Convention is in force and is engaged in the transport of cargo or passengers for the purpose of trade or is employed for any other commercial purpose” (Article 1(1)), with the exception of the vessels described in Article 1(4). The Committee requests the Government to indicate the measures adopted to ensure that all ships covered by the Convention are inspected within three months after substantial changes in construction or accommodation arrangements have been made, in accordance with Article 3(3) of the Convention.

Article 6. Compensation for unreasonable detention or delay. The Committee notes that the Government indicates, in response to its previous request that shipowners who suffer any damage as the result of the detention of the ship by the inspectorate may bring their case before the courts, which will examine the case and determine whether any compensation is due or any other compensatory measures are to be taken.

Articles 8 and 9. Annual reports and inspection reports. In its previous comments, the Committee requested the Government to adopt the necessary measures to ensure that an annual report is prepared (Article 8) and that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection (Article 9). The Committee notes that, with regard to the requirements on annual inspection reports, the Government indicates that the Federal System of Labour Inspection – Web (SFIT-Web) came into operation in 2015, and that the Inspection Report Unit was to be established in December 2016, thus allowing for the issuance of annual reports that included information on the ships inspected, the results of the inspections, and on the labour inspectors.

With regard to the requirements on inspectors’ reports, the Committee notes the Government’s indication that, copies of inspection reports are not usually posted on the ship’s notice board, but rather are only sent to workers’ trade union representatives, to ensure the confidentiality of the information on seafarers (particularly in the case of accidents). Following discussions on the need to meet the requirements of the Convention in this regard, a standard report form was developed and submitted for adoption by the Secretariat of Labour Inspection.

The Committee also notes the Government’s indication that, in accordance with Ministry of Labour Order No. 643 of 2016, the time limit for the submission of inspection reports will be determined by the inspection directorate. Consequently, the conformity of such time limits with the provisions of the Convention will depend on the decision made by this authority. The Committee requests the Government to provide information on the progress achieved to ensure that, in case of an inspection pursuant to a major incident, reports are submitted no later than one month following the conclusion of the inspection, in accordance with Article 9(2) of the Convention.

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

The Committee notes that in its reports sent on the application of a number of maritime Conventions the Government indicates that: (i) a Tripartite Committee on Maritime Working Conditions (CT–Maritime) has been created by Decree No. 2.242 of the Ministry of Labour and Employment (MTE), of 14 September 2010, with the mandate to function as a tripartite consultative body in relation to matters arising from ratified maritime Conventions; (ii) a number of requests made by the Committee of Experts in relation to the application of these Conventions have been sent to the CT–Maritime for examination; and (iii) measures were being taken to bring the national legislation into conformity with the Maritime Labour Convention, 2006 (MLC, 2006), with a view to its ratification. While noting these efforts, the Committee will continue to examine the conformity of national legislation with the requirements of ratified maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3, 6 and 7. Articles of agreement. The Committee previously requested the Government to indicate the manner in which effect was given to the provisions of the Convention concerning the signature of articles of agreement and their content. The Committee notes in this regard that the Government reiterates that the employment of seafarers is governed by the Consolidated Labour Laws (CLT). It further notes that the Carteira de Trabalho e Previdência Social (CTPS) and the Caderneta de Inscrição e Registro (CIR), to which the Government refers in its report, contain a record of employment but do not constitute contracts of employment. In addition, the Committee notes that relevant legislation contains references to contracts of employment, such as section 7 of Act No. 9.537, of 1997, and Normative Instruction No. 70 of the Labour Inspection Department of the MTE, of 2007, but such references do not entail compliance with the specific requirements of the Convention. Finally, the Committee notes the Government’s indication that seafarers’ contracts of employment are always written and signed by both parties. However, since section 443 of the CLT provides that a contract of employment can be either written or oral, the Committee requests the Government to indicate how it is ensured that: (i) the seafarer’s contract of employment is signed both by the shipowner or his or her representative and by the seafarer (Article 3); (ii) it contains the particulars enumerated in Article 6(3); and (iii) it is recorded in or annexed to the list of crew (rol de equipagem) (Article 7).

Article 14(2). Certificate on quality of work. The Committee previously requested the Government to indicate the measures taken to ensure that seafarers have at all times the right to obtain from the master a certificate on quality of work. Noting the Government’s indication that it would send a request to the CT–Maritime in order to give full effect to this provision of the Convention, the Committee requests the Government to provide information on progress achieved in this respect.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). Article 5(1)–(9). Sleeping rooms. Article 6(1). Floor area of mess rooms. Article 7. Recreation facilities. Articles 8(1)–(5) and (7) and 9. Sanitary facilities. Article 10. Minimum headroom. Article 11. Lighting. The Committee previously noted that the existing legislation, in particular the Maritime Authority Standards for Vessels used in Open Sea Navigation (NORMAM-01/DPC), did not give full effect to the detailed requirements of these Articles of the Convention. The Committee notes the Government’s indication that it would bring the majority of these issues to the attention of the National Standing Committee for Waterways (CPNA) and the CT–Maritime. The Committee requests the Government to provide information on any progress achieved in this regard. The Committee reiterates its request to the Government to take the necessary measures to ensure conformity with the detailed requirements of the Convention regarding sleeping rooms, mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 9. Cash payment in lieu of leave. In its previous comments, the Committee noted that under section 143 of the CLT, seafarers were allowed to request that one third of their leave entitlement take the form of a cash payment. Recalling that it is only in exceptional cases that provision may be made for the substitution for annual leave of a cash payment, the Committee requests the Government to take the necessary measures to ensure that such substitution is allowed only in conformity with Article 9 of the Convention.

Article 10. Time of annual leave. In its previous comments, the Committee noted that under section 136 of the CLT, seafarers’ annual leave was granted at a period most convenient to the employer’s interests. The Committee recalls that, according to the Convention, the employer’s decision is to be taken after consultation and, as far as possible, in agreement with the seafarer concerned or his representatives. Noting that the Government indicates that it would send this matter to the CT–Maritime for its consideration, the Committee requests the Government to provide information on progress achieved in this respect.

Seafarers’ Welfare Convention, 1987 (No. 163). Articles 2(1) and 5. Welfare facilities and services. The Committee previously requested the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently with a view to making sure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry. The Committee notes that the Government reiterates that welfare services and facilities are provided by voluntary organizations in partnership with seafarers’ unions, and that it is not aware of periodic reviews. Recalling that it is the Government’s responsibility to ensure the application of the Convention, the Committee reiterates its request to the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164). Article 5(4). Inspection of the medicine chest at regular intervals. The Committee previously requested the Government to indicate how it is ensured that the medicine chest and medical equipment carried on board are inspected at regular intervals not exceeding 12 months. Noting the Government’s indication that it would refer this matter to the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect.

Article 8. Medical doctor on board ships. The Committee previously requested the Government to take measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor. Noting the Government’s indication that this matter has been raised in the CPNA and the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect and reiterates its request to the Government to take the necessary measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor.

Article 9(1). Persons in charge of medical care. The Committee previously noted that under section 0113 of NORMAM-01/DPC, ships engaged in coastal navigation must carry a nurse or health auxiliary for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. It therefore requested the Government to indicate how it is ensured that ships engaged in coastal navigation for voyages of under 48 hours for passenger ships and under 72 hours for cargo ships carry one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. Noting the Government’s indication that this matter has been raised in the CPNA and the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect.

Article 12. Standard medical report form. The Committee previously requested the Government to adopt a standard medical report form as required by the Convention. It notes that the seafarers’ health certificate to which the Government is referring in its report does not fulfil the requirement of the Convention according to which the standard medical report form must be specially designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury. Noting the Government’s indication that it would refer this matter to the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect and reiterates its request to the Government to adopt a standard medical report form as required by the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166). Articles 4(5), 6, 7 and 12. Arrangements for repatriation. The Committee recalls that it had previously requested the Government to consider the adoption of supplementary provisions to Decree No. 6.968 of 29 September 2009, in order to regulate the following matters which are not contained in the Decree: (i) prohibiting the shipowner from requiring an advance payment to cover repatriation costs (Article 4(5)); (ii) entitling the seafarer to obtain their passport and identity documents for the purpose of repatriation (Article 6); (iii) prohibiting the deduction of time spent awaiting repatriation or repatriation travel time from paid leave (Article 7); and (iv) ensuring that the text of the Convention is available to crew members in an appropriate language (Article 12). Noting the Government’s indication that some of these matters have been raised in the CT–Maritime, the Committee reiterates the need to put the legislation in conformity with the Convention and requests the Government to provide information on progress achieved in this respect.

Labour Inspection (Seafarers) Convention, 1996 (No. 178). Article 3(3). Inspection following substantial changes. The Committee previously requested the Government to specify how it is ensured that in cases of substantial changes in construction or accommodation arrangements, the ship shall be inspected within three months of such changes. It notes the Government’s reference to NORMAM-01/DPC in this regard. The Committee requests the Government to specify which provision of NORMAM-01/DPC ensures that ships flying the Brazilian flag are inspected within three months of substantial changes in construction or accommodation arrangements.

Article 6. Unreasonable detainment or delay. The Committee previously requested the Government to specify any provisions, legislative or other, ensuring that if a ship is unreasonably detained or delayed, the shipowner or operator of the ship shall be entitled to compensation for any loss or damage suffered and that, in any instance of alleged unreasonable detention or delay, the burden of proof shall lie with the shipowner or operator of the ship. It notes the Government’s indication that studies are being carried out for the issuance of a normative instruction to regulate the implementation of the Convention. The Committee requests the Government to take into account all the points raised by the Committee in its comments on the application of the Convention, when adopting this normative instruction, and to provide information in this regard.

Article 8. Annual reports. With reference to its previous request, the Committee notes that the Government reiterates that an annual report on inspection activities has not yet been produced. The Committee therefore requests the Government once again to take the necessary measures to ensure that such annual report is prepared, and to provide a copy thereof.

Article 9. Inspection reports. The Committee previously requested the Government to indicate how it is ensured that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection. The Committee notes that the information provided by the Government does not cover the obligation under Article 9 of the Convention. It is therefore bound to reiterate its request to the Government to ensure that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection.

[The Government is asked to reply in detail to the present comments in 2016.]

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

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.

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

The Committee notes the comments made by the Trade Union of Maritime Workers of the Port of Rio Grande concerning the alleged non-observance of the international labour standards on board two vessels, N/T Dunay and N/T Borislav, both flying the flag of Ukraine, and the Government’s response to these comments.

Article 3, paragraph 1, and Article 6, paragraph 3, of the Convention. The Committee recalls that under Article 3, paragraph 1, of the Convention, articles of agreement shall be signed both by the shipowner or his representative and by the seaman. Article 6, paragraph 3, prescribes the particulars that this agreement shall contain.

In its previous comments, the Committee asked the Government to indicate the provisions of the national legislation prescribing that the seaman’s articles of agreement contain the matters set out in Article 6, paragraph 3. It notes the Government’s indication that Brazilian law provides for two types of documents for waterways employees: the Employment and Social Welfare Book (CTPS), and the Registration and Record Book (CIR). The Committee asks the Government to: (i) clarify whether under the legislation of Brazil, in addition to these two documents, a separate written agreement shall be signed between the shipowner or his representative and the seaman; (ii) indicate specific provisions of national laws or regulations prescribing the particulars that must be included into this agreement, and, if this is not the case; (iii) take all necessary legislative and practical measures to ensure that such separate agreement is signed between the shipowner and seamen, containing particulars mentioned in Article 6 of the Convention.

Article 9, paragraph 1. The Committee notes the Government’s indication that the national law does not provide for any justifiable grounds for dismissal other than extremely serious breaches listed in section 482 of the Codification of Labour Laws, as approved by Decree No. 5452, of 1 May 1943 (as amended). It asks the Government to indicate the legislative provisions allowing termination by either party of an agreement for an indefinite period in any port where a vessel loads or unloads, provided that notice of not less than 24 hours is given, in cases other than "discharge for just cause".

Article 14, paragraph 2. In its previous comments, the Committee asked the Government to indicate the provisions of national law providing the right for all seamen, in addition to the record mentioned in Article 5, to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement. It notes the Government’s indication that there are no provisions in national law that establish a seaman’s right to obtain from the master a certificate as to the quality of his work. The Committee asks the Government to take the necessary measures to give full effect to the requirements of this provision of the Convention.

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

The Committee notes the changes in national legislation with the entry into force of Act No. 9.537 LESTA of 11 December 1997 concerning traffic safety in national waters and standard NORMAM-13 governing admission into the occupation, qualification and career of seamen. It requests the Government to supply particulars on the following points.

Article 2, paragraph (b), of the Convention. The Committee notes from the Government’s report that Act No. 9.537 defines the term "seaman" as any person having a qualification approved by the maritime authorities for work on a vessel as a professional (section 2). The Committee recalls that under the Convention the term "seaman" has a broader definition and includes every person employed or engaged in any capacity on board any vessel and entered on the ship’s articles, excluding masters, pilots, cadets and pupils on training ships and duly indentured apprentices, naval ratings, and other persons in the permanent service of a Government. The Government is therefore requested to indicate to the Committee whether national legislation is also applicable to any person employed in any capacity on board vessels flying its flag in accordance with this provision of the Convention and, if not, to indicate the measures it intends to take to ensure compliance.

Article 5. The Committee notes that standard NORMAM-13 no longer contains the points contrary to the Convention formerly contained in the Regulation on Maritime Traffic (RTM), repealed by Act No. 9.537. It notes, however, from the Government’s report that Act No. 9.537 and the Consolidation of Labour Laws (section 442) provide that the registration document issued to every seaman must specify the type of contract and the form of payment. The Committee reminds the Government that under Article 5, paragraph 2, of the Convention the document issued to the seaman shall not contain any statement as to his wages and requests the Government to explain what is meant by the expression "form of payment".

The Committee requests the Government to supply an example of the document mentioned in Article 5, paragraph 1, of the Convention.

Article 6. The Government is requested to indicate the provisions of its legislation prescribing that the seaman’s articles of agreement must contain the matters set out in Article 6, paragraph 3, of the Convention.

Article 9, paragraph 1. The Committee notes that under section 487 of the Consolidation of Labour Laws, termination without fair grounds of an agreement for an indefinite period requires the party exercising this right to inform the other party at least 30 days in advance. The Government is requested to indicate the procedure applicable for termination on fair grounds. The Committee also requests the Government to indicate the legislative provisions allowing termination by either party of an agreement for an indefinite period in any port where a vessel loads or unloads provided that notice of not less than 24 hours is given.

Article 13. The Committee notes that under the regulations in force a seaman may be promoted to the category immediately higher only after acquiring the necessary supplementary qualifications. It requests the Government to indicate the measures by which provisions of Article 13 of the Convention allowing a seaman to claim his discharge when he can obtain a post of a higher grade are given full effect.

Article 14, paragraph 2. The Committee requests the Government to indicate the provisions in domestic law providing the right for all seamen to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement.

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

The Committee notes the Government's report and the adoption of Decree No. 511 of 27 April 1992, which amends or repeals certain provisions of Decree No. 87.648/82 (Shipping Regulations - RTM).

Articles 3, paragraphs 2 and 4-6; 6, paragraphs 2 and 3; and 15, of the Convention. The Committee notes the information supplied by the Government in its report, to the effect that in recent years the maritime manpower agencies have stepped up their activities in flagrant disregard of the legislation in force, particularly the rules on seafarers' work contracts set out in the RTM, which is hindering application of the Convention. Furthermore, seafarers' trade unions have made frequent complaints to this effect to the labour inspectorate and shipping authorities and to the Federal Public Prosecutor.

The Committee hopes that the Government will be in a position to indicate in its next report that appropriate measures have been taken to ensure observation of the provisions of the Convention (Article 15) particularly with regard to the application of Articles 3, paragraphs 2 and 4-6; and 6, paragraphs 2 and 3.

Article 5, paragraph 2. The Committee notes that section 60 of the RTM provides that references to conduct (i), sanctions and their causes (j) and praise and acts of bravery (m) are to be entered in the record book, contrary to this provision of the Convention which prohibits any statement as to the quality of the seafarer's work in the document issued to him. It asks the Government to indicate in its next report the measures taken or envisaged to ensure the effective application of this provision.

Article 9, paragraph 1. The Committee notes from the Government's report that a seafarer may be discharged only with the approval of the Brazilian port authorities or the Brazilian consular authorities abroad and only in one of the instances set out in section 109 of the RTM. The Committee understands, however, that this provision of the RTM was repealed by section 4 of Decree No. 511/92, and that, under section 12 of the RTM a seafarer may be discharged in any port whether or not there is a body empowered to approve his discharge, but that in such cases the captain must regularize the situation at the next port of call where the Brazilian port authorities are represented. The Committee would be grateful if the Government would provide specific information on the application in law and in practice of this provision of the Convention.

Article 9, paragraph 2. The Committee asks the Government to indicate which provision of the law requires notice to be given in writing.

Article 9, paragraph 3. Please give full information on the nature of the exceptional circumstances determined by the national legislation in accordance with this provision of the Convention.

Article 13. The Committee asks the Government to provide information on the practical effect given to this provision, indicating in particular to what extent seafarers apply for discharge and are replaced by competent persons to the satisfaction of the shipowner or his agent.

Article 14. The Committee notes that section 60(1)(h) of the RTM provides that the reason for discharge must be entered in the record book, which is contrary to this provision of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to ensure proper application of this Article of the Convention.

Point V of the report form. The Committee notes the statistics of the number of seafarers signed on and the number of unemployed and inactive seafarers, and the fact that the labour inspection statistics system managed by the Ministry of Labour is in the process of being reassessed and computerized. It would be grateful if the Government would provide all relevant information in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Further to its previous comments, the Committee notes the Government's report and, in particular, that its next report will indicate measures taken to restrict the activities of the maritime manpower agencies (Article 3, paragraphs 2 and 4 to 6; Article 6, paragraphs 2 and 3; and Article 15 of the Convention).

Article 5, paragraph 2, and Article 14. The Committee notes the information that the Government's next report will indicate the measures taken to harmonize the Shipping Regulations (RTM) - which provide in section 60, paragraph 1, that references to conduct (i), sanctions and their causes (j) and praise and acts of bravery (m) are to be entered in the record book, along with the reason for dismissal (h) - with these provisions of the Convention which provide, respectively, that the agreement given to the seaman shall contain no assessment of the quality of his work and that whatever the reason for termination of the agreement, an entry shall be made in the document but the reason shall not be given.

Article 9, paragraph 1. The Committee notes the indications that the Government supplies in its report relating to discharge procedures. It would be grateful if the Government would indicate how it is ensured that either party may terminate an agreement for an indefinite period in any port where the vessel loads or unloads, provided that the notice specified, which shall not be less than 24 hours, is given.