Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 22) sur le contrat d'engagement des marins, 1926 - Venezuela (République bolivarienne du) (Ratification: 1944)

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

The Committee notes the information supplied by the Government in its reports. It notes in particular that the Regulations on Navigation at Sea and on Inland Waterways is currently being revised in order to bring it into line with the Convention. It trusts that the Government will take the following comments, which have already been addressed to it, into consideration when it takes the necessary measures to harmonize it legislation with the provisions of the Convention.

Article 8 of the Convention. The Committee draws the Government's attention to the need to ensure that seafarers can obtain clear information on board as to their conditions of employment so that they may satisfy themselves as to the nature and extent of their rights and obligations. The Committee hopes that the relevant legislation will be amended so as to establish the necessary measures to give effect to this provision of the Convention.

Article 9, paragraph 1. The Committee notes that a seafarer may not be dismissed while the vessel is at sea or in a foreign country unless he has been recruited in the country in question (section 353 of the Labour Act of 1990), which provides seafarers with better protection than that established in the Convention. The Committee refers to the provision of section 98 of the above Act, which provides for resignation as a form of termination of the employment relationship, and points out that under Regulation 5 of the 1992 Regulations on Labour On Board Vessels Sailing at Sea and On Inland Waterways, the agreement may not be terminated when the vessel is in foreign waters or uninhabited places. This could have the effect, in the event of a long voyage without any return to a Venezuelan port, of severely restricting the seafarer's right to terminate the agreement. The Committee therefore hopes that this provision will be amended so that seafarers may terminate agreements for an indefinite period in any port where the vessel loads or unloads, provided that the prescribed notice period is observed, even when the boat is in foreign ports.

Article 13, paragraph 1. The Committee notes the Government's reply to its previous comments on this point and, in particular, the reference to sections 100 and 107 of the Labour Act, which deal with resignation and the notice requirements for voluntary resignation terminating an appointment of indefinite duration without proper cause. The Committee notes, however, that contrary to the Convention, the possibility of the seafarer's obtaining command of a vessel or an appointment as mate or engineer or to any other post of a higher grade than he actually holds, or the fact that other circumstances have arisen since his engagement which render it essential to his interests that he should be permitted to take his discharge, are not expressly provided for in legislation as proper reasons for resignation. Neither are they among the reasons listed in the above Act (section 103). It also notes that a seafarer who, without proper reason, terminates a fixed-term appointment before its expiry, must pay his employer compensation for damage and injury (section 110). The Committee therefore reiterates that the above-mentioned legislation should be amended in order to bring it into line with this provision of the Convention.

Article 14, paragraph 2. The Committee notes section 111 of the Labour Act, referred to by the Government in its report. It notes that not only does this provision not provide for the possibility for a seafarer to obtain from the master, at all times, 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, but it also forbids any entry in the certificate other than the ones required (duration of employment relationship, last salary paid and duties). The Committee cannot but reiterate the hope that this legislation will be amended to bring it into line with this provision of the Convention.

Furthermore, the Committee notes section 335 of the Labour Act which provides that articles of agreement shall be signed where there is no collective agreement. The Committee points out that States ratifying the Convention are under the obligation to take the necessary steps to ensure that the work of seafarers is governed by articles of agreement signed by the shipowner or his representative (Article 3 of the Convention), even if there is a collective agreement in this area. In this connection, the Committee recalls that the particulars referred to in Article 6, paragraph 3, most of which are provided for in section 2 of the above-mentioned Regulations, must appear in the articles of agreement and cannot, by reason of their nature, be provided for in collective agreements.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied, providing a specimen of the seafarer's discharge book currently in force, together with statistical information on the number of seafarers signed on and the number of articles of agreement signed.

The Committee also wishes to point out that the Government may request technical assistance from the Office in amending the national legislation in order to harmonize it with the provisions of the Convention.

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