Seamen's Articles of Agreement Convention, 1926 (No. 22) - Uruguay (Ratification: 1933)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that in its reports on the application of various maritime Conventions, the Government indicates that the Maritime Labour Convention, 2006 (MLC, 2006), is under study in the Tripartite Group on International Standards. In order to give an overall view of the issues needing attention in connection with the application of maritime Conventions, the Committee considers that they are best dealt with in a single set of comments, which is set out below.

Placing of Seamen Convention, 1920 (No. 9)

Articles 2–5 of the Convention. Recruitment agencies for seafarers. The Committee requested information on the law and practice pertaining to the operation of employment agencies for seafarers. It notes that the Government reports in this connection that the Register of Merchant Marine Personnel is responsible for placing seafarers free of charge, in accordance with Decree No. 463/968 of 23 July 1968.

Seamen’s Articles of Agreement Convention, 1926 (No. 22)

Article 14(2) of the Convention. Certificate as to the quality of the seafarer’s work. The Committee requested the Government to indicate the measures taken to ensure that the seafarer has at all times the right to obtain from the master a separate certificate as to the quality of his/her work or, failing that, a certificate indicating whether the seafarer has fully discharged his/her obligations under the agreement. The Committee notes that the Government refers to Maritime Provision No. 16 of 25 October 1982 on seamen’s articles of agreement, which recalls that under Uruguayan law ratified international treaties are transposed into national provisions that are fully applied and take precedence over any provisions of domestic law that may afford lesser benefits or guarantees. The Committee concludes that Article 14(2) of the Convention, establishing that “the seaman shall at all times have the right … 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”, is part of Uruguayan law and that there is therefore no need to adopt other domestic provisions in order for it to apply.

Seafarers’ Identity Documents Convention, 1958 (No. 108)

Articles 2–4 of the Convention. Issuance of a seafarer’s identity document. In earlier comments, the Committee noted Maritime Provision No. 38 of 14 March 1988, which regulates the issuance of seafarers’ identity documents in accordance with the requirements of the Convention. While observing that the Government indicates that the Maritime Authority does not grant identity documents to seafarers, the Committee requests the Government to indicate the measures which it envisages to adopt in order to ensure that identity documents are issued in conformity with the requirements of Maritime Provision No. 38.

Article 5(2). Readmission to a territory. The Committee requested the Government to specify the provisions ensuring that a seafarer, holder of a seafarer’s identity document issued by the Uruguayan authorities, will be readmitted in Uruguay during a period of at least one year after the date of expiry indicated in that document. Observing that the Government has not provided information on this issue, the Committee requests it to specify how effect is given to Article 5(2) of the Convention.

Article 6. Permission to enter the territory for any seafarer holding a valid seafarer’s identity document. The Committee requested the Government to indicate the provisions ensuring the right of entry of seafarers holding valid seafarers’ identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country. The Committee notes the information supplied by the Government to the effect that the documents certifying identity as a crew member are the crew member’s book, a passport identifying the holder as a seafarer or documentation showing the holder to be fit to serve on board. The Committee nonetheless observes that the Government specifies no provision guaranteeing the right of entry of seafarers holding seafarers’ identity documents issued by other countries. Consequently, the Committee requests the Government to indicate the legislative provisions or the administrative regulations or instructions that guarantee the right of entry of seafarers holding identity documents issued by other countries, for temporary shore leave or for the purpose of joining a ship or transiting to join a ship in another country, in accordance with Article 6 of the Convention.

The Committee recalls that the Convention has been revised by the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). It draws the Government’s attention to its general observation addressing the recent amendments to the annexes of Convention No. 185.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2(1)–(3) of the Convention. Statistics of occupational accidents. The Committee requested the Government to provide recent statistics of occupational accidents in the maritime sector. It notes the information supplied by the Government to the effect that there are no specific statistics for all types of accidents. Recalling that according to the Convention, statistics must record the numbers, nature, causes and effects of occupational accidents, with a clear indication of the department on board ship and of the area where the accident occurred, the Committee requests the Government to take the necessary steps to compile statistics that meet the requirements of the Convention.

Article 3. Research. The Committee requested the Government to send information on the research under way into general trends relating to occupational accidents at sea and the particular hazards of maritime employment identified by the statistics gathered on the subject. The Committee notes that according to the Government, the Maritime Authority is not engaged in research into general trends in occupational accidents. Pointing out that according to the Convention research shall be undertaken into general trends and into such hazards as are brought out by statistics, the Committee requests the Government to take the necessary measures to give effect to Article 3 of the Convention.

Article 4(3)(h). Prevention of accidents. Dangerous cargo. The Committee requested the Government to indicate whether there are specific provisions on measures for the prevention of accidents that are peculiar to maritime employment that cover dangerous cargo. The Committee takes note of Maritime Provisions Nos 51 of 16 December 1996, 55 of 24 June 1997, 85 of 12 June 2002, 101 of 13 June 2005, 102 of 5 June 2005, 123 of 21 August 2009 and 153 of 12 October 2014, sent by the Government, and observes that they contain specific provisions on the prevention of accidents on board ships transporting dangerous cargo. The Committee further observes that Decree No. 158/985 of 25 April 1985 approves the Dangerous Goods Operations and Transport Regulations, which contain provisions on measures to prevent accidents caused by dangerous cargo. Lastly, the Committee notes the information from the Government to the effect that the International Maritime Dangerous Goods (IMDG) Code, and the International Safety Management (ISM) Code of the International Maritime Organization have been incorporated in Uruguay’s statutory law.

Article 4(3)(h). Prevention of accidents. Ballast. The Committee asked the Government to indicate the provisions that address the prevention of accidents in the handling of ballast. It takes note of the Maritime Provisions sent by the Government and observes that Maritime Provision No. 109 ALFA of 7 November 2006 refers to the safety of crew members and persons involved in the exchange of ballast water. However, this provision does not include measures for the prevention of accidents caused by ballast. The Committee accordingly requests the Government to indicate whether any other provisions give effect to Article 4(3)(h) of the Convention.

Article 5. Obligation of seafarers to comply with accident prevention provisions. The Committee pointed out to the Government that Chapter II of Maritime Provision No. 17 of 11 October 1983 contains recommendations, which are not binding, to improve safety and health on board ships inter alia through the use of protective equipment. The Committee points out that according to the Convention, provisions on accident prevention must specify clearly the obligation of shipowners, seafarers and others concerned to comply with them. The Committee requests the Government to indicate the measures taken to ensure mandatory compliance with the provisions governing accident prevention, particularly those covering protective equipment.

Article 8. Programmes for the prevention of occupational accidents. The Committee requested the Government to indicate whether a committee had been set up in the maritime sector to formulate, implement and periodically review the national safety and health policy, as prescribed by Decree No. 291/007 of 13 August 2007. While noting the information supplied by the Government to the effect that since 2013 a sectoral committee has been in operation with a mandate to draft a standard for the prevention of occupational risks in the ports sector, the Committee observes that the abovementioned committee does not include representatives of shipowners and seafarers, and does not address the subject of on-board personnel. Recalling that the Convention requires the establishment of national or local joint accident prevention committees or ad hoc working parties on which both shipowners’ and seafarers’ organizations are represented, the Committee requests the Government to indicate the measures taken to give effect to Article 8 of the Convention in practice.

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

Article 1(1) of the Convention. Scope of application. The Committee notes the Government’s indications that there are no vessels in Uruguay to which the Convention may be applied. However, it understands that the company Montemar Martima SA, mentioned by the Government in previous reports, is still operating and serves northern Europe, the United States, Mexico and Central America. The Committee requests the Government to provide detailed statistics on the number of vessels flying the Uruguayan flag, disaggregated according to their tonnage and the type of voyages they carry out.

Article 3(1) and (4). Information for the seafarer. The Committee notes that, under section 1 of Decree No. 676/967 of 5 October 1967, the articles of agreement shall be signed at the offices of the Merchant Shipping Directorate of the port where the agreement is concluded and shall be signed not only by the parties, but also by the Director or the public official representing the Director, who shall verify that the agreement contains no provisions contrary to the Code of Commerce or the international labour Conventions. The Committee requests the Government to indicate the measures taken to ensure that the seafarer and his/her adviser if applicable have the possibility of examining the articles of agreement before they are signed and that the seafarer understands the meaning of the clauses of the agreement, as required by the Convention, and recalls in this regard that Regulation 2.1 and Standard A2.1(1)(b) of the Maritime Labour Convention, 2006 (MLC, 2006), contains similar provisions on this point.

Article 14(2). Certificate as to the quality of the seafarer’s work. The Committee requests the Government to indicate the measures taken to ensure that the seafarer has at all times the right to obtain from the master a separate certificate as to the quality of his/her work or, failing that, a certificate indicating whether the seafarer has fully discharged his/her obligations under his/her agreement.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government concerning the organization of the labour inspection services, as well as the copy of a seafarer’s book attached to its report. Noting the statistics concerning the number of seafarers’ books issued, the Committee requests the Government to provide further information on the content of the tables attached to its report. In general, the Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection and registration services, details of the number of seafarers signed on each year, the number and type of violations identified of the provisions of the national legislation giving effect to the Convention, as well as the measures taken to remedy them.

Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which revises Convention No. 22, as well as 67 other international instruments applicable to seafarers, establishes an up-to-date and comprehensive framework of standards regulating the living and working conditions of seafarers, particularly concerning the seafarers’ employment agreement, and promotes the establishment of a level playing field for shipowners. It requests the Government to keep the Office informed of any decisions taken in that regard.

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

The Committee notes the Government’s report for the period ending 31 May 2005, as well as the statistics concerning general labour inspections.  It also notes the comments of the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT), alleging the absence of sufficient material and human resources available for the effective compliance, through the General Labour Inspection and the former National Institute of Minors (today INAU), with the inspection tasks attached to the functions and conditions of work in accordance with the Convention.

Article 15 of the Convention and Part III of the report form. The Committee requests the Government to provide specific information, concerning the organization and working of the inspection services entrusted with the supervision of the present Convention.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in your country including extracts from the reports of the maritime inspection and maritime registration services and, if such statistics are available, information concerning the number of seamen signed on during the period under review, the number and nature of the contraventions reported, etc.

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

The Committee notes with interest the information supplied by the Government in reply to its previous comments concerning the application of Article 3 of the Convention. However, it notes that the information requested under point V of the report form has not been provided. Please provide the above information in the next report.

Article 9. The Committee notes that national law does not give effect to this provision of the Convention. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to apply this Article.

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

Article 3 of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government in its report to the effect that, except in the case of certain shipowners who conclude collective agreements, the Model Seamen's Articles of Agreement are used to establish terms and conditions of work on board ship.

The Committee takes note of the Model Seamen's Articles of Agreement supplied. The Committee would be grateful if the Government would supply a complete copy of a sample of the collective agreements to which MONTEMAR S.A. is a party. It also asks the Government to provide the information requested in point V of the report form, concerning the practical application of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. In its previous direct requests, the Committee referred to the observations made by the Union of Maritime Transport Shipmasters and Officers concerning the application of this Article. The above union alleged that the model seamen's Articles of Agreement was imposed by the maritime authority and did not provide for the agreement of the parties or a discussion of its clauses. The Committee also noted the Government's comments to the effect that these clauses were determined by the employers and workers through the free mechanism of collective negotiation, and asked the Government to provide copies of collective agreements.

The Committee takes note of Maritime Provision No. 16 of 1982, supplied by the Government with its report, preambular paragraph I of which stipulates that "by virtue of Acts Nos. 12.030 of 27 November 1953 and 12.158 of 22 October 1954, ratified international conventions become fully effective provisions of the national legislation and take precedence over any provisions in domestic law which may contain lesser benefits or guarantees". The Committee also notes the sample of the collective agreement concerning the wages of personnel on board ship, concluded in June 1990 between the MONTEMAR SA shipping company and the three seafarers' trade unions, and the Government's statement that MONTEMAR is the only national shipping company with vessels engaging in maritime shipping. The Committee would be grateful if the Government would indicate the manner in which the other terms and conditions of employment are determined for seafarers.

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

Article 3 of the Convention. In its previous direct requests, the Committee referred to the observations made by the Union of Maritime Transport Shipmasters and Officers concerning the application of this Article. The above union alleged that the model seamen's Articles of Agreement was imposed by the maritime authority and did not provide for the agreement of the parties or a discussion of its clauses. The Committee also noted the Government's comments to the effect that these clauses were determined by the employers and workers through the free mechanism of collective negotiation, and asked the Government to provide copies of collective agreements.

The Committee takes note of Maritime Provision No. 16 of 1982, supplied by the Government with its report, preambular paragraph I of which stipulates that "by virtue of Acts Nos. 12.030 of 27 November 1953 and 12.158 of 22 October 1954, ratified international conventions become fully effective provisions of the national legislation and take precedence over any provisions in domestic law which may contain lesser benefits or guarantees". The Committee also notes the sample of the collective agreement concerning the wages of personnel on board ship, concluded in June 1990 between the MONTEMAR SA shipping company and the three seafarers' trade unions, and the Government's statement that MONTEMAR is the only national shipping company with vessels engaging in maritime shipping. The Committee would be grateful if the Government would indicate the manner in which the other terms and conditions of employment are determined for seafarers.

[The Government is asked to report in detail for the period ending 30 June 1991.]

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 3 of the Convention. In its previous direct request, the Committee took note of the observations made by the Union of Maritime Transport Shipmasters and Officers concerning the application of this Article. The above Union alleges that the model seamen's articles of agreement is imposed by the maritime authority and does not provide for the agreement of the parties or a discussion of its clauses.

The Committee takes note of the Government's comments on this matter to the effect that the clauses are determined by the employers and workers through the free negotiating mechanism of collective agreements and that many such agreements exist concerning all the aspects of seafarers' working conditions. The Committee would be grateful if the Government would provide copies of a sample of the collective agreements in question.