Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Ecuador (Ratification: 1978)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 5 and 8 of the Convention. Records of employment for every fisher and on-board information on conditions of employment. The Committee requested the Government to specify the manner in which effect is given to Articles 5 and 8 of the Convention. The Committee notes that the Government refers in its report, as it has done previously, to Ministerial Decree No. 0063 of 13 March 2014 issuing regulations on the special labour relationship for offshore fishing and fishing in the high seas. The Government also refers to Resolution No. MTOP SPTM 20160102 R, Official Gazette No. 830, 31 August 2016, which establishes standards and requirements for the certification, registration and renewal of documents for seafarers and fishers working on vessels flying the Ecuadorian flag and dockworkers working in port facilities. The Committee notes, however, that the standards mentioned by the Government do not give effect to Articles 5 and 8 of the Convention. Indeed, these standards do not specify that a document containing a record of the services of every fisher must be kept by or in a manner prescribed by the competent authority, nor do they establish that at the end of each voyage or venture a record of service in regard to that voyage or venture shall be available to the fisher concerned or entered in his service book (Article 5). Nor do they stipulate that in order that the fisher may satisfy himself as to the nature and extent of his rights and obligations the competent authority shall lay down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment (Article 8). The Committee therefore once again requests the Government to take the necessary measures to give effect to these requirements of the Convention.

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

Article 3 of the Convention. Written articles of agreement. In its previous comment, the Committee requested the Government to indicate the manner in which it is ensured in practice that all fishers receive their articles of agreement in writing. The Committee notes the Government’s indication in its report that compliance with this provision of the Convention is guaranteed through comprehensive inspections that were established to strengthen inspection processes.

Articles 5 and 8. Records of employment for every fisher and on-board information on conditions of employment. In its previous comment, the Committee once again requested the Government to specify whether provision is made for a record of employment to be maintained for every fisher and the manner in which it is ensured that fishers may obtain on board clear information on the conditions of employment applicable to them. The Committee notes the information provided by the Government regarding the adoption of the Regulations on the Special Labour Relationship for Fishing in the High Seas by means of Ministerial Decree No. 0063 of 13 March 2014. The Government indicates that this Decree was adopted with the aim of guaranteeing effective compliance with the Convention. However, the Committee notes that the Regulations do not prescribe the manner in which a record of service shall be maintained for every fisher or guarantee that information on conditions of employment shall be available on board. The Committee recalls that, under Article 5 of the Convention, a record of employment shall be maintained for every fisher by or in a manner prescribed by the competent authority. At the end of each voyage or venture a record of service in regard to that voyage or venture shall be available to the fisher concerned or entered in his service book. The Committee also recalls that, under Article 8 of the Convention, in order that the fisher may satisfy himself as to the nature and extent of his rights and obligations, the competent authority shall lay down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment. The Committee once again requests the Government to specify the manner in which effect is given to Articles 5 and 8 of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 3 and 6 of the Convention. Written form and content of articles of agreement. The Committee recalls its previous comment in which it requested the Government to take measures to ensure that fishers are employed only under written contracts, as required under Article 3(1) of the Convention, and that such contracts contain all the particulars enumerated in Article 6(3) of the Convention. While noting the Government’s reference to section 19 of the Labour Code, which provides that contracts for work requiring technical knowledge and skills must be concluded in writing, the Committee requests the Government to indicate how it is ensured in practice that all fishers have written contracts of employment or work agreements. The Committee recalls, in this respect, that the same requirement has been incorporated in Article 18 and Annex II of the Work in Fishing Convention, 2007 (No. 188).

Articles 5 and 8. Records of employment and onboard information on conditions of employment. In its previous comment, the Committee requested the Government to specify whether provision is made for a record of employment to be maintained for every fisher and also how it is ensured that fishers may obtain on board clear information as to the conditions of employment applicable to them. In the absence of any new information on this point, the Committee again requests the Government to indicate how effect is given to these requirements of the Convention both in law and in practice. The Committee recalls, in this respect, that the same requirements have been incorporated in Articles 17(b) and 18 of Convention No. 188.

Part V of the report form. Application in practice. The Committee requests the Government to continue to provide general information on the application of the Convention in practice, including, for instance, information concerning the number of fishers signed during the reporting period and inspection results showing the number of infringements observed and penalties imposed.

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

The Committee notes the information provided in the Government’s report and the documents attached thereto, in particular the adoption of the Fisheries Act of 26 April 2005. It would, however, like to receive further information on the following points.

Articles 3, 4 and 6 of the Convention. Required form and content of articles of agreement. The Committee notes that, although section 19 of the Labour Code – as consolidated by Codification No. 2005-017 – provides that all agreements concerning work which requires technical knowledge or special skills shall be concluded in writing, fishers’ articles of agreement are, for the most part, individual agreements concluded orally. In this regard, the Committee recalls that, under the terms of the Convention, fishers’ articles of agreement shall be concluded in writing and signed by the owner of the fishing vessel and the fisher (Article 3), shall guarantee the non-departure from the ordinary rules as to jurisdiction over the agreement (Article 4); and shall contain an exhaustive list of particulars (Article 6). The Committee requests the Government to indicate the measures taken or envisaged to ensure that these Articles of the Convention are fully applied both in law and in practice.

Article 5. Fishers’ records of employment. Further to its previous comments on this matter, the Committee once again requests the Government to indicate the provisions that give effect to this Article of the Convention.

Article 7. Recording of the agreement in the list of crew. The Committee requests the Government to indicate whether there are any provisions which envisage the recording of fishers’ articles of agreement in the list of crew and, if so, to provide a copy of any relevant text.

Article 8. Information on board fishing vessels. The Committee requests the Government to indicate the measures taken to enable the fisher to obtain clear information on board as to the conditions of employment, as required under this Article of the Convention, and to provide copies of any relevant texts.

Part V of the report form. The Committee notes the sample copies of articles of agreement attached to the Government’s report and the statistical information provided by the provincial labour inspectorate of Manabi-Sede Manta. It also notes the Government’s indication that the Ministry of Labour and Employment is currently setting up a computerized system to centralize all data concerning labour inspection activities. The Committee would be grateful if the Government would continue providing general information on the application of the Convention in practice, including, for instance, information concerning the number of fishers signed on each year and the number and tonnage of fishing vessels in operation that are covered by the Convention. It would also like to receive copies of documents or studies by bodies that are active in this sector, such as the National Fisheries Development Council and the National Fisheries Chamber, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It would be grateful if the Government could provide with its next report a sample of fishermen’s articles of agreement (Article 3 of the Convention), a sample of fishermen’s record of employment (Article 5), and, if such statistics are available, information concerning the number of fishermen signed on during the year under review, the number and nature of the contraventions reported, etc. (Part V of the report form).