Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the information sent by the Government in its report. It draws the Government’s attention to the following points.

Article 9, paragraph 1, of the Convention. Termination of the contract. In reply to the Committee’s previous comments, the Government merely states that it has no knowledge of the initiative of the Confederation of Mexican Workers (CTM) for the amendment of section 209 III of the Federal Labour Act. The Committee points out that it has been asking the Government for more than 30 years to amend this provision, under which it is unlawful to terminate the employment relationship when the vessel is in foreign waters. The Convention, on the contrary, provides that an agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads provided that notice has been given which shall not be less than 24 hours. Consequently, the Committee again asks the Government to take all necessary steps to ensure that the contract may be terminated at any time by either party provided that the notice specified has been given.

Article 14, paragraph 1, and Article 5. Discharge of the seafarer. The Committee noted previously that the seafarer’s document, issued in accordance with Article 5 of the Convention, provided no space to enter the discharge of the seafarer and the duties he performed on board. It accordingly asked the Government to take the necessary steps to give effect to these provisions. Since there is no response in the report, the Committee again asks the Government to take the necessary steps to ensure that the seafarer’s discharge is recorded in the document and that no statement may be included in the document as to the quality of the seafarer’s work or as to his wages.

Article 15 and Part V of the report form. Application of the Convention in practice. Further to the CTM’s comments to the effect that no inspections are carried out due to the lack of resources available to the inspections services, the Committee requested the Government to reply to these observations. By way of a response, the Government merely states: (i) that the CTM has not sent the additional information it had requested on the matter; and (ii) that since January 2005, no breaches of the Convention had been reported in the 21,779 regular inspections of general working conditions carried out in all the workplaces under Mexican Federal jurisdiction.

According to the Convention, “national law shall provide the measures to ensure compliance with the terms of the present Convention”. This means not only setting up an inspection service but also providing the necessary resources for it to function. The Committee accordingly asks the Government to provide information on the organization and working of the inspection services, on the number of inspectors employed in them, and on the measures taken to ensure proper performance of their duties. The Government is also asked to supply information on the exact number of inspection visits carried out in the maritime sector.