Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 3 of the Convention. In its previous direct requests, the Committee referred to the observations made by the Union of Maritime Transport Shipmasters and Officers concerning the application of this Article. The above union alleged that the model seamen's Articles of Agreement was imposed by the maritime authority and did not provide for the agreement of the parties or a discussion of its clauses. The Committee also noted the Government's comments to the effect that these clauses were determined by the employers and workers through the free mechanism of collective negotiation, and asked the Government to provide copies of collective agreements.

The Committee takes note of Maritime Provision No. 16 of 1982, supplied by the Government with its report, preambular paragraph I of which stipulates that "by virtue of Acts Nos. 12.030 of 27 November 1953 and 12.158 of 22 October 1954, ratified international conventions become fully effective provisions of the national legislation and take precedence over any provisions in domestic law which may contain lesser benefits or guarantees". The Committee also notes the sample of the collective agreement concerning the wages of personnel on board ship, concluded in June 1990 between the MONTEMAR SA shipping company and the three seafarers' trade unions, and the Government's statement that MONTEMAR is the only national shipping company with vessels engaging in maritime shipping. The Committee would be grateful if the Government would indicate the manner in which the other terms and conditions of employment are determined for seafarers.

[The Government is asked to report in detail for the period ending 30 June 1991.]