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

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 2010, published 100th ILC session (2011)

Article 2(a)(i) of the Convention. Safety standards. Hours of work. The Committee notes the Government’s reference to sections 248–252 of the Consolidation of Labour Laws (CLT) and collective agreements regulating hours of work. Recalling that limits on maximum hours of work or minimum hours of rest have been incorporated in Standard A2.3(4) of the Maritime Labour Convention, 2006 (MLC, 2006), the Committee requests the Government to transmit sample copies of applicable collective agreements regulating hours of work and rest of seafarers.

Article 2(a)(i). Safety standards. Medical examination. The Committee notes the Government’s explanations concerning the system of compulsory medical examination for all workers. It also notes the reference to section 30.5 of Regulatory Norm No. 30 (NR-30). However, the information provided is not sufficiently detailed with regard to the specific circumstances of work at sea and thus does not allow any conclusive assessment as to whether national laws and regulations are substantially equivalent with the requirements of the Medical Examination (Seafarers) Convention, 1946 (No. 73). The Committee therefore again requests 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). In this respect, the Committee recalls that the same requirements on the seafarers’ medical examination have been incorporated in Regulation 1.2 and the corresponding Code of the MLC, 2006.

Article 2(a)(ii). Social security measures. The Committee notes the Government’s indication that Decree No. 3048/99 provides the basis for free health and medical care for all workers in Brazil. The Government adds that in case of occupational sickness or industrial accident, the employer is responsible for the payment of wages for the first 15 days of cessation of work, the National Social Security Institute being responsible for the payment of monthly benefits throughout the period during which the worker qualifies for sickness allowance. The Committee observes that the information provided is not sufficiently detailed and does not permit an assessment of whether the existing social security regime is substantially equivalent with the requirements of the relevant Conventions listed in the appendix of this Convention. The Committee therefore again requests 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 intends to apply for the purposes of this Convention. It also requests the Government to provide a copy of Decree No. 3048/99 or any other laws or regulations dealing with social security protection for seafarers. In addition, the Committee highlights that the objective of progressive implementation of a comprehensive social security protection for seafarers has been incorporated in Regulation 4.5 and the corresponding Code of the MLC, 2006, and that at the time of its ratification member States are expected to cover at least three of the nine branches enumerated in the Convention.

Article 2(a)(iii). Shipboard conditions of employment. Freedom of association. The Committee notes that freedom of association and the right to organize for Brazilian citizens and foreigners is protected under section 8 of the Federal Constitution. It also notes the Government’s indication that the sections of the CLT on trade union organization to which the Committee had referred in previous comments are currently revised as part of the ongoing labour law reform through the tripartite National Labour Forum. Recalling the importance that the MLC, 2006, attaches to the fundamental right to freedom of association and the right to collective bargaining in its Article III, the Committee requests 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.

Articles 2(f) and 4 of the Convention and Part IV of the report form. Ship inspections. Practical application. The Committee notes the Government’s reference to a document entitled “Application of Convention No. 147 in Brazil: The role of the labour inspectorate” which contains a detailed description of the procedures for investigating complaints and the functioning of the inspection authorities. As this document has not been received by the Office, the Committee requests the Government to forward another copy. It also requests the Government to provide, together with its next report, up-to-date information on the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspection checklist or inspection report form and official publications, such as activity reports of the Special Ports and Waterways Labour Inspection Unit.

Finally, the Committee takes this opportunity to recall that Convention No. 147, as well as 67 other international maritime labour instruments, is revised by the MLC, 2006. It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, while an innovative and comprehensive inspection regime is established in Title 5 of the Convention. In this latter respect, the Committee highlights the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections and the Guidelines for port State control officers as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. Noting that the Government has taken active steps for the early ratification of the MLC, 2006, the Committee requests the Government to keep the Office informed of any further developments in this regard.

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 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. The Government had emphasized that Ukrainian legislation should be applied on board the vessels which are the subject of the comments of the union. Should non-compliance with the ILO standards be proven, international responsibility would lie with Ukraine, not Brazil.

The Committee recalls that, under Article 4, paragraph 1, of the Convention, if a Member which has ratified this Convention and in whose port a ship calls in the normal course of its business or for operational reasons receives a complaint or obtains evidence that the ship does not conform to the standards of this Convention, after it has come into force, it may prepare a report addressed to the government of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office, and may take measures necessary to rectify any conditions on board which are clearly hazardous to safety or health. The Committee asks the Government to clarify whether any such report had been addressed to the Government of Ukraine in this particular case, and whether in the past such reports have been sent to the respective governments of the countries in which the ships are registered.

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

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report of November 1997 according to which the tripartite working group set up under Order No. 893 of 15 September 1992 with a view to implementing Convention No. 147 has prepared labour inspection provisions and proposals for various maritime regulatory standards; it also notes that the working group's report will be forwarded to the Office.

The Committee recalls that in its previous comments it requested the Government to provide a detailed list of the legislation guaranteeing the application of the Convention, in particular in respect of the Conventions listed in the appendix to the Convention which have not been ratified, and to provide copies of the texts which have not already been sent to the Office. For its part, the Committee notes that the Office has requested the Government, on several occasions (October 1995, June 1996, January 1997), to provide copies of these texts. While noting the information provided by the Government concerning the working group's undertakings, the Committee urges the Government to provide, as soon as possible, copies of the relevant texts guaranteeing the application of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information contained in the Government's first report. It notes in particular that a tripartite working group has been set up composed of representatives of the Ministries of Shipping and Labour, the National Union of Shipowners and the National Federation of Workers in the Shipping and Fishing Sector and is elaborating standards to ensure that effect is given to the Convention. In this connection it notes the report of the national seminar on Convention No. 147 organized with ILO participation, which took place from 16 to 19 November 1993 in Rio de Janiero, and that the above-mentioned working group has prepared four preliminary draft of regulations concerning: the work done by labour inspectors; guidelines for cooperation between the inspection units of the Ministries of Shipping and Labour; defining the term "seagoing ship"; and setting occupational health and safety standards for the shipping sector. The Committee encourages the Government to request any technical assistance it may need from the Office in preparing these regulations. It would be grateful if the Government would provide a detailed list of the laws that apply to the Convention, particularly in relation to the Conventions listed in the appendix to the present Convention and not ratified by Brazil, and to provide a copy of the texts which have not yet been communicated to the Office. Please provide detailed information on the laws and regulations, or other measures, under which each Article is applied, together with fuller information on the provisions for which specific indications are requested in the report form.