Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) - Mexico (Ratification: 1938)

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

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

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

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

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

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

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

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

Article 3 of the Convention. Intervals for the repetition of medical examinations. Further to its previous comments, the Committee notes the information sent by the Government to the effect that new regulatory provisions were to be adopted to provide for the yearly repetition of medical examinations for seafarers under the age of 18 years. The Committee understands that a new regulation on preventive medicine in the transport sector was adopted and took effect on 1 September 2010. The Committee hopes that, with this new Regulation, the national legislation is now fully in conformity with the provisions of Article 3 of the Convention, and requests the Government to provide a copy of the Regulation with its next report.

The Committee draws the Government’s attention to the fact that the Maritime Labour Convention, 2006 (MLC, 2006), which revises Convention No. 16, and 67 other international instruments applying to seafarers, contains provisions similar to those of Convention No. 16 as regards compulsory medical certificates for seafarers under 18 years of age. Full application of Convention No. 16 will accordingly facilitate application of the corresponding provisions of the MLC, 2006. The Committee hopes that the Government will shortly be in a position to ratify the MLC, 2006, which establishes a comprehensive and up‑to‑date legal framework to regulate seafarers’ living and working conditions – in particular as regards minimum age and the medical examination of seafarers – and is conducive to the creation of a level playing field for shipowners. It requests the Government to keep the Office informed of any decisions taken in this respect.

Part V of the report form. Practical application. The Committee notes the information sent by the Government in its report concerning the platform for cooperation, adopted in April 2009, between the Ministry of Labour and Social Welfare, the Ministry of Communication and Transport and the Ministry of Energy, and aimed at coordinated action, in particular under a joint inspection programme to monitor observance of maritime and labour law on board ships and other nautical vessels. It requests the Government to continue to provide information on the results of the implementation of the abovementioned agreement, together with general information on the application of the Convention in practice, particularly the number of medical certificates issued yearly for seafarers under 18 years of age, the number (if any) of contraventions of the relevant provisions reported by the maritime labour inspectorate and the measures taken to remedy them. The Government is also requested to indicate the manner in which the competent national authorities ensure effective supervision – in terms of both practice and quality – of the medical examination of non-resident foreign young seafarers employed on vessels flying the Mexican flag, particularly where the examination is carried out in the country of residence or domicile of the seafarer.

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

Article 3 of the Convention. Interval for the repetition of medical examination. In its previous comments, the Committee requested the Government to indicate the length of validity of medical certificates for seafarers under the age of 18. It also noted the Government’s response that neither the Federal Labour Law of 2 December 1969 nor the Annex to Regulations on Transport Medicine prescribe a period of validity of medical certificates. The Committee notes the adoption of the Regulation on the Preventive Transport Medicine Service, published in the official journal of 21 April 2004. Under the terms of sections 7-12 of the Regulation, the Communications and Transport Office is responsible for carrying out a full psychophysical examination of staff covered by the Regulation, in particular, staff holding a maritime identification certificate or booklet. Moreover, under the terms of sections 13-15 of the Regulation, this psychophysical examination must be repeated in order to ascertain whether the person is apt to continue carrying out certain activities. The Committee also notes the information communicated by the Government with regard to the formalities that must be followed concerning inclusion on the federal register.

The Committee notes that the new Regulation on the Preventive Transport Medicine Service does not prescribe a period of validity of medical certificates. The Committee once again reminds the Government that, under the terms of Article 3 of the Convention, the employment of any child or young person under 18 years of age on any vessel shall be subject to the repetition of such medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work. The Committee requests the Government to take the steps necessary in order to give effect to the Convention in this regard.

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

In its previous comments, the Committee asked the Government to indicate the length of validity of medical certificates for seafarers under the age of 18 and to provide a copy of the applicable provisions. It notes the Government’s response that neither the Federal Labour Law of 2 December 1969 nor the Annex to Regulations on Transport Medicine prescribe a period of validity of medical certificates. The Committee recalls that under Article 3 of the Convention, the continued employment at sea of any child or young person under 18 years of age shall be subject to the repetition of medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work. The Committee asks the Government to indicate whether under national legislation the employment of children or young persons under 18 years of age on board vessels is allowed and, if so, how it is ensured that these persons are subject to medical examination at intervals prescribed by Article 3 of the Convention.

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

Article 3 of the Convention (Regular annual examination). The Committee requests the Government to indicate the length of validity of medical certificates for seafarers under the age of 18 and to provide a copy of the applicable provisions.