The Committee notes that in its reports sent on the application of a number of maritime Conventions the Government indicates that: (i) a Tripartite Committee on Maritime Working Conditions (CT–Maritime) has been created by Decree No. 2.242 of the Ministry of Labour and Employment (MTE), of 14 September 2010, with the mandate to function as a tripartite consultative body in relation to matters arising from ratified maritime Conventions; (ii) a number of requests made by the Committee of Experts in relation to the application of these Conventions have been sent to the CT–Maritime for examination; and (iii) measures were being taken to bring the national legislation into conformity with the Maritime Labour Convention, 2006 (MLC, 2006), with a view to its ratification. While noting these efforts, the Committee will continue to examine the conformity of national legislation with the requirements of ratified maritime Conventions. In order to provide a comprehensive view of the issues to be addressed in relation to the application of these Conventions, the Committee considers it appropriate to examine these issues in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22). Articles 3, 6 and 7. Articles of agreement. The Committee previously requested the Government to indicate the manner in which effect was given to the provisions of the Convention concerning the signature of articles of agreement and their content. The Committee notes in this regard that the Government reiterates that the employment of seafarers is governed by the Consolidated Labour Laws (CLT). It further notes that the Carteira de Trabalho e Previdência Social (CTPS) and the Caderneta de Inscrição e Registro (CIR), to which the Government refers in its report, contain a record of employment but do not constitute contracts of employment. In addition, the Committee notes that relevant legislation contains references to contracts of employment, such as section 7 of Act No. 9.537, of 1997, and Normative Instruction No. 70 of the Labour Inspection Department of the MTE, of 2007, but such references do not entail compliance with the specific requirements of the Convention. Finally, the Committee notes the Government’s indication that seafarers’ contracts of employment are always written and signed by both parties. However, since section 443 of the CLT provides that a contract of employment can be either written or oral, the Committee requests the Government to indicate how it is ensured that: (i) the seafarer’s contract of employment is signed both by the shipowner or his or her representative and by the seafarer (Article 3); (ii) it contains the particulars enumerated in Article 6(3); and (iii) it is recorded in or annexed to the list of crew (rol de equipagem) (Article 7).

Article 14(2). Certificate on quality of work. The Committee previously requested the Government to indicate the measures taken to ensure that seafarers have at all times the right to obtain from the master a certificate on quality of work. Noting the Government’s indication that it would send a request to the CT–Maritime in order to give full effect to this provision of the Convention, the Committee requests the Government to provide information on progress achieved in this respect.

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133). Article 5(1)–(9). Sleeping rooms. Article 6(1). Floor area of mess rooms. Article 7. Recreation facilities. Articles 8(1)–(5) and (7) and 9. Sanitary facilities. Article 10. Minimum headroom. Article 11. Lighting. The Committee previously noted that the existing legislation, in particular the Maritime Authority Standards for Vessels used in Open Sea Navigation (NORMAM-01/DPC), did not give full effect to the detailed requirements of these Articles of the Convention. The Committee notes the Government’s indication that it would bring the majority of these issues to the attention of the National Standing Committee for Waterways (CPNA) and the CT–Maritime. The Committee requests the Government to provide information on any progress achieved in this regard. The Committee reiterates its request to the Government to take the necessary measures to ensure conformity with the detailed requirements of the Convention regarding sleeping rooms, mess rooms, recreation facilities, sanitary facilities, minimum headroom and lighting.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 9. Cash payment in lieu of leave. In its previous comments, the Committee noted that under section 143 of the CLT, seafarers were allowed to request that one third of their leave entitlement take the form of a cash payment. Recalling that it is only in exceptional cases that provision may be made for the substitution for annual leave of a cash payment, the Committee requests the Government to take the necessary measures to ensure that such substitution is allowed only in conformity with Article 9 of the Convention.

Article 10. Time of annual leave. In its previous comments, the Committee noted that under section 136 of the CLT, seafarers’ annual leave was granted at a period most convenient to the employer’s interests. The Committee recalls that, according to the Convention, the employer’s decision is to be taken after consultation and, as far as possible, in agreement with the seafarer concerned or his representatives. Noting that the Government indicates that it would send this matter to the CT–Maritime for its consideration, the Committee requests the Government to provide information on progress achieved in this respect.

Seafarers’ Welfare Convention, 1987 (No. 163). Articles 2(1) and 5. Welfare facilities and services. The Committee previously requested the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently with a view to making sure that they are appropriate in the light of changes in the needs of seafarers resulting from technical, operational and other developments in the shipping industry. The Committee notes that the Government reiterates that welfare services and facilities are provided by voluntary organizations in partnership with seafarers’ unions, and that it is not aware of periodic reviews. Recalling that it is the Government’s responsibility to ensure the application of the Convention, the Committee reiterates its request to the Government to take the necessary measures to ensure that welfare services and facilities are reviewed frequently.

Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164). Article 5(4). Inspection of the medicine chest at regular intervals. The Committee previously requested the Government to indicate how it is ensured that the medicine chest and medical equipment carried on board are inspected at regular intervals not exceeding 12 months. Noting the Government’s indication that it would refer this matter to the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect.

Article 8. Medical doctor on board ships. The Committee previously requested the Government to take measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor. Noting the Government’s indication that this matter has been raised in the CPNA and the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect and reiterates its request to the Government to take the necessary measures to ensure that all ships carrying 100 or more seafarers and ordinarily engaged on international voyages of more than three days’ duration carry a medical doctor.

Article 9(1). Persons in charge of medical care. The Committee previously noted that under section 0113 of NORMAM-01/DPC, ships engaged in coastal navigation must carry a nurse or health auxiliary for voyages of over 48 hours for passenger ships and over 72 hours for cargo ships. It therefore requested the Government to indicate how it is ensured that ships engaged in coastal navigation for voyages of under 48 hours for passenger ships and under 72 hours for cargo ships carry one or more specified persons in charge of medical care and the administering of medicines as part of their regular duties. Noting the Government’s indication that this matter has been raised in the CPNA and the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect.

Article 12. Standard medical report form. The Committee previously requested the Government to adopt a standard medical report form as required by the Convention. It notes that the seafarers’ health certificate to which the Government is referring in its report does not fulfil the requirement of the Convention according to which the standard medical report form must be specially designed to facilitate the exchange of medical and related information concerning individual seafarers between ship and shore in cases of illness or injury. Noting the Government’s indication that it would refer this matter to the CT–Maritime, the Committee requests the Government to provide information on progress achieved in this respect and reiterates its request to the Government to adopt a standard medical report form as required by the Convention.

Repatriation of Seafarers Convention (Revised), 1987 (No. 166). Articles 4(5), 6, 7 and 12. Arrangements for repatriation. The Committee recalls that it had previously requested the Government to consider the adoption of supplementary provisions to Decree No. 6.968 of 29 September 2009, in order to regulate the following matters which are not contained in the Decree: (i) prohibiting the shipowner from requiring an advance payment to cover repatriation costs (Article 4(5)); (ii) entitling the seafarer to obtain their passport and identity documents for the purpose of repatriation (Article 6); (iii) prohibiting the deduction of time spent awaiting repatriation or repatriation travel time from paid leave (Article 7); and (iv) ensuring that the text of the Convention is available to crew members in an appropriate language (Article 12). Noting the Government’s indication that some of these matters have been raised in the CT–Maritime, the Committee reiterates the need to put the legislation in conformity with the Convention and requests the Government to provide information on progress achieved in this respect.

Labour Inspection (Seafarers) Convention, 1996 (No. 178). Article 3(3). Inspection following substantial changes. The Committee previously requested the Government to specify how it is ensured that in cases of substantial changes in construction or accommodation arrangements, the ship shall be inspected within three months of such changes. It notes the Government’s reference to NORMAM-01/DPC in this regard. The Committee requests the Government to specify which provision of NORMAM-01/DPC ensures that ships flying the Brazilian flag are inspected within three months of substantial changes in construction or accommodation arrangements.

Article 6. Unreasonable detainment or delay. The Committee previously requested the Government to specify any provisions, legislative or other, ensuring that if a ship is unreasonably detained or delayed, the shipowner or operator of the ship shall be entitled to compensation for any loss or damage suffered and that, in any instance of alleged unreasonable detention or delay, the burden of proof shall lie with the shipowner or operator of the ship. It notes the Government’s indication that studies are being carried out for the issuance of a normative instruction to regulate the implementation of the Convention. The Committee requests the Government to take into account all the points raised by the Committee in its comments on the application of the Convention, when adopting this normative instruction, and to provide information in this regard.

Article 8. Annual reports. With reference to its previous request, the Committee notes that the Government reiterates that an annual report on inspection activities has not yet been produced. The Committee therefore requests the Government once again to take the necessary measures to ensure that such annual report is prepared, and to provide a copy thereof.

Article 9. Inspection reports. The Committee previously requested the Government to indicate how it is ensured that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection. The Committee notes that the information provided by the Government does not cover the obligation under Article 9 of the Convention. It is therefore bound to reiterate its request to the Government to ensure that: (i) a copy of the inspection report is posted on the ship’s notice board for the information of the seafarers or sent to their representatives; and (ii) the inspection report pursuant to a major incident is submitted no later than one month following the conclusion of the inspection.

[The Government is asked to reply in detail to the present comments in 2016.]