Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Convention (n° 22) sur le contrat d'engagement des marins, 1926 - Pérou (Ratification: 1962)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments, the Committee notes the information provided by the Government in its report concerning Article 7 of the Convention. Article 5, paragraph 2, of the Convention. The Committee notes that the report does not refer to this provision and trusts that the Government will indicate in its next report the measures adopted to ensure that the document given to the seafarer containing a record of his employment on board the vessel, contains no statement as to the quality of his work or as to his wages. Article 6, paragraph 3(8) and (11). The Government has indicated in its report that national legislation provides for a list of provisions and for annual leave with pay for seafarers. The Committee hopes therefore that the necessary measures will be taken so that these matters appear in the articles of agreement as provided for in these provisions of the Convention, and that the Government will provide a copy in its next report of a contract modified in this way. Article 9, paragraphs 1 and 2. The Committee notes that under sections B-040.111, B-040.113 and B.040-115 of the Regulations on Harbour-Masters and Maritime, River and Lake Activity, it does not appear to be provided that a seafarer who has concluded an agreement for an indefinite period may disembark in any port where the vessel loads or unloads, after an agreed notice period, as required by the Convention. Section B-040.113 provides in particular that an agreement for a definite or an indefinite period implies an obligation on the seafearer to make round trips of crossings or of coastal voyages to any national or foreign port as decided by the shipowner. The Committee hopes that the Government will indicate in its next report the measures which are contemplated to establish a clear distinction in this regard between agreements concluded for a definite and for an indefinite period.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.