Sickness Insurance (Sea) Convention, 1936 (No. 56) - Mexico (Ratification: 1984)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Confederation of Workers of Mexico (CTM) and the Authentic Workers’ Confederation of the Republic of Mexico (CAT) on the application by the Government of Conventions Nos 22, 55, 56, 58, 134, 164 and 166. The Committee also notes the reports provided by the Government on the application of these maritime Conventions. In order to provide an overview of matters arising in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

The Committee recalls that, within the framework of the Standards Review Mechanism, the Governing Body has included on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation of Conventions Nos 22, 55, 56, 58, 134, 164 and 166, which have been revised by the Maritime Labour Convention, 2006 as amended (MLC, 2006). Observing that all of the maritime Conventions ratified by Mexico will in principle be abrogated in 2030, the Committee requests the Government to provide information on any developments concerning the eventual ratification of the MLC, 2006.

The Committee notes the Government’s indication that, as of December 2020, the powers that were previously included among the administrative, supervisory and vigilance functions of the Secretariat of Communications and Transport were transferred to the Marine Secretariat (SEMAR). The Committee notes the indication by the CAT that the SEMAR established a sectoral programme under the National Development Plan 2019–24, including special objectives for the conditions of personnel working at sea. However, the CAT indicates that the Federal Labour Act (LFT) only includes a special chapter on workers on ships and that it would be appropriate to update the current legislation with a view to paying due attention to the needs of seafarers. The Committee further notes the CAT’s indication that capacity-building should be promoted for the competent authorities in relation to supervision so that they have adequate technical knowledge, including knowledge of the relevant legislation and international conventions, when carrying out inspections on board ships. The Committee requests the Government to provide its comments on these matters.

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

Article 9 of the Convention. Termination of the agreement. The Committee notes that, in reply to its comments on the lack of conformity of section 209(III) of the LFT with the Convention, the Government reiterates that this section, which provides that employment relationships may not be terminated when the vessel is abroad, is more favourable to workers than Article 9(1) of the Convention. The Committee urges the Government to take the necessary measures without delay to ensure that the national legislation allows both parties to terminate an employment agreement of seafarers for an indefinite period, including when the ship is abroad.

Article 14(1). Record of discharge in the identity document. The Committee notes that, in reply to its comments, the Government indicates that: (i) the Harbour Masters and Maritime Affairs Unit is responsible for certifying voyages and issuing the seafarer’s book and maritime identity document for personnel on board ships in the Mexican merchant navy; and (ii) the expiry or termination of the seafarer’s agreement is not recorded in the seafarer’s book and maritime identity document, as it is considered that seafarers do not work for the same enterprise during the five-year period of validity of the seafarer’s book. Observing that the Government has not provided information on the measures that give effect to this provision, the Committee reiterates its previous comment.

Shipowners ’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55)

Article 6 of the Convention. Repatriation expenses in the event of sickness or injury. The Committee notes the reference by the Government, in its reply to its previous comments, to the provisions of the Maritime Navigation and Trade Act, as amended, on the disembarkation of seafarers in need of medical care. However, the Committee observes that those provisions refer to the repatriation of foreign seafarers. The Government also indicates that expenses incurred as a result of sickness abroad, including the cost of repatriation, are covered by the shipowner through the protection and compensation insurance scheme known as the PANDI in Mexico. The Committee takes note of this information.

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

Articles 2(3) and 3 of the Convention. Detailed statistics on occupational accidents on board. Research into general trends and hazards of maritime employment. The Committee notes the Government’s indication, in reply to its previous comments, that, within the field of competence of the SEMAR through the Harbour Maters and Maritime Affairs Unit, information is not available on occupational accidents on board ship which would make it possible to obtain disaggregated statistics on the part of the ship (deck, engine room or catering areas) and the location (at sea or in port) where the accident occurred. The Committee also notes the Government’s indication that up to now studies and research have not been conducted that could establish general trends for the prevention of occupational accidents and hazards in the context of maritime employment. The Committee further notes the data provided by the Government on maritime accidents recorded during the period 2019–22, and cases involving the death or serious injury of a person, or the loss of a person on board. In view of the above, the Committee requests the Government to take the necessary measures to ensure that full statistics on accidents and cases of sickness of seafarers are compiled, analysed and published and, where necessary, are followed up through research into general trends and the hazards brought out by the statistics.

Article 4(3). Measures for the prevention of occupational accidents. The Committee notes the Government’s indication, in reply to its previous comments, that the SEMAR is the authority responsible for the adoption of specific measures concerning safety in the maritime port sector and the supervision of official Mexican standards in relation to the matters covered by the Convention, such as safety jackets and fire prevention systems. The Committee takes note of this information.

Article 8. Programmes for the prevention of occupational accidents of seafarers. The Committee notes the CTM’s observation concerning the need for the Government to require shipowners to comply with the provisions of the LFT with respect to the establishment of joint occupational safety and health committees which can discharge the functions set out in the Act for the prevention of occupational accidents. The Committee requests the Government to provide its comments on this observation. Furthermore, observing that the Government has once again failed to provide information on specific accident prevention programmes for seafarers, the Committee reiterates its previous comment.

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

Article 4(c) of the Convention. Right to visit a medical doctor.Observing that the Government has once again failed to provide information on the provisions or other measures which ensure that full effect is given to Article 4(c) of the Convention, the Committee reiterates its previous comment.

Article 5(4) and (5). Inspection at regular intervals of the medicine chest. The Committee notes that, in reply to its previous comments, the Government reiterates the information provided previously and refers to the inspections carried out by the SEMAR in respect of compliance with International Maritime Organisation (IMO)’s Conventions. The Committee recalls that Convention No. 164 differs in its scope and requirements from the IMO Conventions. The Committee once again requests the Government to provide information on the intervals at which on-board medicine chests are inspected.

Article 7. Medical advice by radio or satellite communication. The Committee notes that, in reply to its previous comments, the Government refers to the measures for the application of the IMO International Convention on Maritime Search and Rescue (SAR Convention), 1979, and in this context to the procedures and equipment for crewmembers of ships to benefit from medical advice by radio or satellite communication. The Committee takes note of this information.

Article 8. Presence of a medical doctor on board ships. The Committee notes the Government’s indication, in reply to its previous comments, that under the terms of the International Health Regulations ships that transport hazardous cargos are required to have on board medical personnel, medicaments, specific antidotes and a special team, and that members of the crew who are designated to service in medical facilities must be trained in the provision of medical first aid, in accordance with the IMO International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), 1978. However, the Committee observes that the Government has not provided information on the provisions that give effect to Article 8.The Committee therefore requests the Government to take the necessary measures to ensure that ships carrying 100 or more seafarers on board and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor as a member of the crew responsible for providing medical care.

Article 11. Separate hospital accommodation.Observing that the Government has not provided further information in response to its request, the Committee reiterates its previous comment.

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

Article 2(1)(c), (e), (f) and (g) of the Convention. Circumstances giving rise to repatriation. The Committee notes the Government’s reference in relation to the application of Article 2(1)(c), in reply to its previous comments, to section 34 of the Maritime Navigation and Trade Act which, however, relates to the repatriation of foreign seafarers. The Committee notes that the Government provides information on the coverage by the protection and compensation insurance scheme of costs occasioned by illness abroad, including the cost of repatriation. While noting this information, the Committee requests the Government to adopt appropriate measures to require that any seafarer on board a ship flying the Mexican flag shall be entitled to repatriation in the event of illness or injury or other medical condition which requires his repatriation when found medically fit to travel.

With reference to the circumstances envisaged in Article 2(1)(e), (f) and (g), the Government refers to article 133 of the Constitution and sections 6 and 18 of the LFT, under the terms of which the respective laws and international treaties concluded and approved in accordance with article 133 shall form part of national law and may be applied in respect of anything that benefits the worker without requiring the adoption of national provisions. The Government indicates that, in view of the above, effect is given to the provisions concerned. The Committee takes note of this information.

Article 2(2). Maximum duration of service periods on board following which seafarers are entitled to repatriation.Observing that the Government has not provided information on the legislation or other measures that give effect to this provision, the Committee reiterates its previous comment.

Article 3. Destinations for repatriation. Observing that the Government has not provided further information on the legislation or other measures that give effect to this provision, the Committee reiterates its previous comment.

Articles 4 and 5. Responsibility of the shipowner to arrange for repatriation.Observing that the Government has not provided further information on the legislation or other measures that give effect to this provision, the Committee reiterates its previous comment.

Article 12. Availability of the text of the Convention in an appropriate language. The Committee notes the Government’s indication, in reply to its previous comments, that the SEMAR disseminates information on the existence of the Convention, which can be consulted on the ILO webpage. The Committee recalls that Article 12 provides that the text of the Convention shall be available in an appropriate language to the crew members of every ship which flies the national flag. The Committee requests the Government to take the necessary measures to give full effect to this provision.

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 2011, published 101st ILC session (2012)

Article 1(1) of the Convention. Coverage of compulsory sickness insurance scheme. The Committee recalls that the Mexican Institute of Social Security (IMSS) has concluded a number of agreements (convenios de subrogacion de servicios) with shipping companies which provide that maritime transportation workers must enjoy the protection of the compulsory social security scheme, including protection for sickness, employment injury, maternity, and death. The Committee requests the Government to indicate whether the agreements concluded between the IMSS and 19 shipping companies are still in force and also to specify whether there are seafarers who might not be currently covered by the compulsory social security scheme in the absence of a specific agreement concluded by the shipping company employing them.

Article 7. Right to insurance benefit after termination of engagement. The Committee understands that for a certain number of years, the Technical Council of the IMSS has extended, in accordance with section 109 of the Social Security Act, the period during which the right to insurance benefits continues after termination of engagement from eight weeks to 16 weeks. Noting that such an extension was last granted in 2009 (Accord No. ACDO.AS1.HCT.14019/2.P.DG of 14 January 2009) the Committee requests the Government to clarify whether this practice continues and to transmit copies of the most recent decisions of the Technical Council.

Part V of the report form. Practical application. The Committee takes note of the statistical information provided by the Government in its report regarding the number of claims for sickness, occupational injury or maternity benefits, the average amount paid per seafarer and the total amount paid for funeral expenses during the period 2005–10. The Committee would be grateful if the Government would continue to provide up-to-date information on the practical application of the Convention.

Finally, the Committee seizes this opportunity to recall that the main provisions of the present Convention have been incorporated in Regulation 4.5 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006) and that therefore compliance with Convention No. 56 will facilitate the implementation of the respective provisions of the MLC, 2006. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.

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

The Committee notes the information provided by the Government in reply to its earlier comments.

Article 4, paragraph 1, of the Convention. The Committee notes, in particular, the detailed explanations in the report concerning the interpretation of section 204-IV of the Federal Labour Act. It would be grateful if the Government would supply with its next report copies of the collective agreements concluded by the Mexican Institute of Social Security with shipping enterprises of the country, to which reference is made in the report.

Article 7. The Committee takes due note of the explanations in the report concerning different situations, treated under the national legislation, in which the right to insurance benefit shall continue in respect of sickness occurring during a definite period after the termination of the last engagement. The Committee recalls in this connection that in accordance with Article 7 the said period shall be fixed in such a way as to cover the normal interval between successive engagements. The Committee therefore asks the Government once again to indicate whether the period of eight weeks provided for in section 118 of the Social Security Act is sufficient to cover the normal interval between successive engagements in conformity with the provision of this Article.

It would also be grateful if the Government would forward, in its next report, a copy of the resolution 12/85 of the Technical Council of the Mexican Institute of Social Security which extends up to one year the period during which the right to insurance benefit shall continue in respect of an insured person who is deprived of a remunerated work.