Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 - Equateur (Ratification: 1978)

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.