Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 22) sur le contrat d'engagement des marins, 1926 - Cuba (Ratification: 1928)

The Committee notes the information provided by the Government in response to its previous comments concerning Article 6(2) and Article 9 of the Convention, in particular the Government’s indication that the previously supplied contract sample is only used on board vessels engaged in coastal trade, which are excluded from the scope of this Convention.

Article 5. Document containing a record of seafarer’s employment on board. In its previous comment, the Committee asked the Government to provide, in its next report, a specimen of the document issued to seafarers pursuant to this provision of the Convention. The Government indicates that, at the seafarer’s discharge, the employer is obliged to issue certification attesting the seafarer’s services on board. According to the Government’s report, such document is personal and meets the requirements of the Convention. The Committee takes note of the information provided, which gives effect to the requirement contained in Article 5(1), first sentence, that “every seaman shall be given a document containing a record of his employment on board the vessel”.

Pursuant to Article 5(1), second sentence, the form of the document, the particulars to be recorded and the manner in which such particulars are to be entered, shall be determined by national law. The Committee requests the Government to indicate the provisions in national legislation prescribing the form of the document containing a record of seafarer’s employment on board, its particulars and the manner of entering such particulars, as required by the Convention.

In addition, Article 5(2) stipulates that the document shall not contain any statement as to the quality of the seafarers’ work or as to their wages. To be able to assess compliance with this provision of the Convention, the Committee requests the Government once again to supply a sample of the document containing a record of the seafarer’s employment on board.

Article 6, paragraph 3. Particulars of the agreement. In its report, the Government enumerates the particulars contained in the currently used seafarers’ contracts of employment. The following items listed in Article 6(3) appear to be missing:

(i)    birthplace of the seafarer (subparagraph (1)); and

(ii)    the annual leave with pay granted to the seafarer after one year’s service with the same shipping company, if such leave is provided for by national law (subparagraph (11)).

The Committee requests the Government to indicate, in its next report, the measures taken or envisaged to bring national practice into conformity with these provisions.

Furthermore, the Committee invites the Government to consider the possibility of ratifying the Maritime Labour Convention, 2006 (MLC, 2006), which is the up to date instrument in the field of, inter alia, seafarers’ employment agreements and is expected to enter into force in 2011. The Committee wishes to point out that the provisions of the MLC, 2006, consolidate and update the requirements of Convention No. 22. The ratification of the MLC, 2006, would entail the denunciation of the present Convention. The Committee would be grateful if, in its next report, the Government would communicate information on any consultations held in this regard and on any progress achieved towards the ratification of the MLC, 2006.