Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3–14 of the Convention. Articles of agreement. The Committee recalls that it has been formulating observations for many years on the need to adopt legislative or other provisions giving effect to the various Articles of the Convention. It also recalls that this situation gave rise to a discussion within the Committee on the Application of Standards at the session of the Conference held in 1977 and that the Government has announced on several occasions that new legislation would be drafted to ensure the full application of the Convention. The Committee notes with regret that, to date, despite the adoption of the Navigation Act in 1998 and the Maritime Activities Act in 2002, the Government has still not taken the necessary measures to transpose several basic rules and principles of the Convention into the national legislation.

As explained in detail by the Committee in its previous comments, the Government should take measures as soon as possible to: (i) ensure the conclusion of written articles of agreement signed by both the shipowner and the seafarer (Article 3(1) of the Convention); (ii) ensure conditions allowing the seafarer to examine and understand the provisions of the articles of agreement (Article 3(1) and (4)); (iii) require that the articles of agreement list the rights and obligations of the two parties and contain essential information such as the seafarer’s wages, annual leave and the right to terminate the agreement (Article 6(2) and (3)); (iv) allow either party to terminate an agreement for an indefinite period in any port where the vessel loads or unloads, provided that the notice period laid down is given (Article 9(1)); (v) determine the circumstances in which seafarers may demand their immediate discharge (Article 12); and (vi) ensure that seafarers have the right to obtain from the master a certificate as to the quality of their work or, failing that, a certificate indicating whether they have fully discharged their obligations under the agreement (Article 14(2)).

The Committee draws the Government’s attention to the fact that most of the provisions of Convention No. 22 have now been incorporated into Regulation 2.1 and the corresponding Code of the Maritime Labour Convention, 2006 (MLC, 2006). Ensuring the implementation of Convention No. 22 will therefore facilitate the application of the provisions of the MLC, 2006, once that Convention has been ratified and has entered into force. The Committee therefore urges the Government to take all necessary measures to give full effect to all provisions of the Convention.

Furthermore, the Committee hopes that the Government will soon be in a position to ratify the MLC, 2006, which revises Convention No. 22 as well as numerous other Conventions applicable to seafarers, establishes an up-to-date and comprehensive framework of standards regulating the living and working conditions of seafarers, particularly concerning the seafarers’ employment agreement, and encourages the establishment of conditions of fair competition for shipowners. The Committee requests the Government to keep the Office informed of any decisions taken in that regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Articles 3 and 6, paragraph 3, of the Convention. In its previous comments, the Committee noted that section 353 of the Organic Labour Act only required that an employment contract be concluded in the absence of a collective agreement. It points out once again to the Government that States ratifying the Convention are under the obligation to take the necessary steps to ensure that seafarers' work is governed by articles of agreement signed by the ship owner or his representative (Article 3), even if there is a collective agreement in force in this area, since Article 6, paragraph 3, contains elements which could not, by their very nature, be included in collective agreements. The Committee trusts that the Government will soon take the measures necessary to bring its legislation into conformity with these provisions of the Convention.

Article 8. The Committee notes from the Government's report that no changes have been made in respect of the application of this provision and that seafarers are able to obtain information on their rights and obligations before arriving on board ship. It recalls that under Article 8, national law shall lay down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment, either by posting the conditions of the agreement in a place easily accessible from the crew's quarters, or by some other appropriate means. It again requests the Government to take the necessary measures to bring its legislation into conformity with this provision of the Convention.

Article 9, paragraph 1. The Committee noted previously that under section 5 of the 1992 Regulations on labour on board vessels sailing at sea and on inland waterways, the employment contract may not be terminated when the vessel is in foreign waters or uninhabited places, such that in practice, when the vessel is undertaking a long voyage without any return to a Venezuelan port, the seafarer's right to terminate the abovementioned contract may be severely restricted. The Committee notes the Government's statement that the cases foreseen under section 5 of this regulation are intended to ensure minimum safety conditions. The Committee points out that this applies more closely to paragraph (c) of section 5, but not necessarily as regards the provisions of paragraph (b). The Committee is therefore obliged to repeat that the provisions of the legislation must allow termination, on the seafarer's initiative, of an agreement for an indefinite period in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall have been given. It requests the Government to supply information on measures adopted in this connection.

Article 13, paragraph 1. The Committee notes that the Government, in reply to the comments it has been making for many years, again indicates that the Organic Labour Act enables any worker to terminate an appointment for an indefinite period either by a prescribed period of notice, or by paying compensation (section 107); in cases of termination of fixed-term appointments without proper cause, the worker must pay compensation for damage and injury (section 110). The Committee recalls that, by virtue of this article of the Convention, where a seaman shows to the satisfaction of the ship owner or his agent that he can obtain command of a vessel or an appointment as mate or engineer or to any other post of a higher grade than he actually holds, or that any other circumstance has arisen since his engagement which renders it essential to his interests that he should be permitted to take his discharge, he may claim his discharge, provided that without increased expense to the ship owner and to the satisfaction of the ship owner or his agent he furnishes a competent and reliable man in his place. The Committee requests the Government to indicate the measures to ensure application of this provision of the Convention.

Article 14, paragraph 2. With reference to the Government's indication that this provision of the Convention is directly applicable, the Committee recalls that, under Article 15 of the Convention, national legislation must provide for adequate measures such as to ensure compliance with the provisions of this Convention. It again requests the Government to take the measures necessary to give effect to this provision.

Part V of the report form. With reference to its previous comments, the Committee again requests the Government to provide information on the number of seamen signed on and also a specimen of the seafarer's discharge book currently in force.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that in spite of the comments it has been making for several years and the information supplied previously by the Government that the Regulations on Navigation at Sea and on Inland Waterways of 1992, adopted under the Labour Act of 1990, was being revised to bring it into conformity with the Convention, the legislation does not yet contain provisions giving effect to the Convention regarding Article 3; Article 6, paragraph 3; Article 8; Article 9, paragraph 1; Article 13, paragraph 1; and Article 14, paragraph 2. The Committee recalls, on this subject, that for many years it has commented on similar provisions in the national legislation, and that the Government has indicated since 1978 that the Committee responsible for drafting regulations governing work on board national merchant shipping vessels was going to take the provisions of the Convention into consideration. The Committee, therefore, urges the Government to take the necessary measures as soon as possible to give effect in national law to these provisions of the Convention, taking into consideration, in this regard, the comments the Committee is also making in a direct request.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its reports. It notes in particular that the Regulations on Navigation at Sea and on Inland Waterways is currently being revised in order to bring it into line with the Convention. It trusts that the Government will take the following comments, which have already been addressed to it, into consideration when it takes the necessary measures to harmonize it legislation with the provisions of the Convention.

Article 8 of the Convention. The Committee draws the Government's attention to the need to ensure that seafarers can obtain clear information on board as to their conditions of employment so that they may satisfy themselves as to the nature and extent of their rights and obligations. The Committee hopes that the relevant legislation will be amended so as to establish the necessary measures to give effect to this provision of the Convention.

Article 9, paragraph 1. The Committee notes that a seafarer may not be dismissed while the vessel is at sea or in a foreign country unless he has been recruited in the country in question (section 353 of the Labour Act of 1990), which provides seafarers with better protection than that established in the Convention. The Committee refers to the provision of section 98 of the above Act, which provides for resignation as a form of termination of the employment relationship, and points out that under Regulation 5 of the 1992 Regulations on Labour On Board Vessels Sailing at Sea and On Inland Waterways, the agreement may not be terminated when the vessel is in foreign waters or uninhabited places. This could have the effect, in the event of a long voyage without any return to a Venezuelan port, of severely restricting the seafarer's right to terminate the agreement. The Committee therefore hopes that this provision will be amended so that seafarers may terminate agreements for an indefinite period in any port where the vessel loads or unloads, provided that the prescribed notice period is observed, even when the boat is in foreign ports.

Article 13, paragraph 1. The Committee notes the Government's reply to its previous comments on this point and, in particular, the reference to sections 100 and 107 of the Labour Act, which deal with resignation and the notice requirements for voluntary resignation terminating an appointment of indefinite duration without proper cause. The Committee notes, however, that contrary to the Convention, the possibility of the seafarer's obtaining command of a vessel or an appointment as mate or engineer or to any other post of a higher grade than he actually holds, or the fact that other circumstances have arisen since his engagement which render it essential to his interests that he should be permitted to take his discharge, are not expressly provided for in legislation as proper reasons for resignation. Neither are they among the reasons listed in the above Act (section 103). It also notes that a seafarer who, without proper reason, terminates a fixed-term appointment before its expiry, must pay his employer compensation for damage and injury (section 110). The Committee therefore reiterates that the above-mentioned legislation should be amended in order to bring it into line with this provision of the Convention.

Article 14, paragraph 2. The Committee notes section 111 of the Labour Act, referred to by the Government in its report. It notes that not only does this provision not provide for the possibility for a seafarer to obtain from the master, at all times, a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement, but it also forbids any entry in the certificate other than the ones required (duration of employment relationship, last salary paid and duties). The Committee cannot but reiterate the hope that this legislation will be amended to bring it into line with this provision of the Convention.

Furthermore, the Committee notes section 335 of the Labour Act which provides that articles of agreement shall be signed where there is no collective agreement. The Committee points out that States ratifying the Convention are under the obligation to take the necessary steps to ensure that the work of seafarers is governed by articles of agreement signed by the shipowner or his representative (Article 3 of the Convention), even if there is a collective agreement in this area. In this connection, the Committee recalls that the particulars referred to in Article 6, paragraph 3, most of which are provided for in section 2 of the above-mentioned Regulations, must appear in the articles of agreement and cannot, by reason of their nature, be provided for in collective agreements.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied, providing a specimen of the seafarer's discharge book currently in force, together with statistical information on the number of seafarers signed on and the number of articles of agreement signed.

The Committee also wishes to point out that the Government may request technical assistance from the Office in amending the national legislation in order to harmonize it with the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its reports. It notes in particular that the Regulations on Navigation at Sea and on Inland Waterways is currently being revised in order to bring it into line with the Convention. It trusts that the Government will take the following comments, which have already been addressed to it, into consideration when it takes the necessary measures to harmonize it legislation with the provisions of the Convention.

Article 8 of the Convention. The Committee draws the Government's attention to the need to ensure that seafarers can obtain clear information on board as to their conditions of employment so that they may satisfy themselves as to the nature and extent of their rights and obligations. The Committee hopes that the relevant legislation will be amended so as to establish the necessary measures to give effect to this provision of the Convention.

Article 9, paragraph 1. The Committee notes that a seafarer may not be dismissed while the vessel is at sea or in a foreign country unless he has been recruited in the country in question (section 353 of the Labour Act of 1990), which provides seafarers with better protection than that established in the Convention. The Committee refers to the provision of section 98 of the above Act, which provides for resignation as a form of termination of the employment relationship, and points out that under Regulation 5 of the 1992 Regulations on Labour On Board Vessels Sailing at Sea and On Inland Waterways, the agreement may not be terminated when the vessel is in foreign waters or uninhabited places. This could have the effect, in the event of a long voyage without any return to a Venezuelan port, of severely restricting the seafarer's right to terminate the agreement. The Committee therefore hopes that this provision will be amended so that seafarers may terminate agreements for an indefinite period in any port where the vessel loads or unloads, provided that the prescribed notice period is observed, even when the boat is in foreign ports.

Article 13, paragraph 1. The Committee notes the Government's reply to its previous comments on this point and, in particular, the reference to sections 100 and 107 of the Labour Act, which deal with resignation and the notice requirements for voluntary resignation terminating an appointment of indefinite duration without proper cause. The Committee notes, however, that contrary to the Convention, the possibility of the seafarer's obtaining command of a vessel or an appointment as mate or engineer or to any other post of a higher grade than he actually holds, or the fact that other circumstances have arisen since his engagement which render it essential to his interests that he should be permitted to take his discharge, are not expressly provided for in legislation as proper reasons for resignation. Neither are they among the reasons listed in the above Act (section 103). It also notes that a seafarer who, without proper reason, terminates a fixed-term appointment before its expiry, must pay his employer compensation for damage and injury (section 110). The Committee therefore reiterates that the above-mentioned legislation should be amended in order to bring it into line with this provision of the Convention.

Article 14, paragraph 2. The Committee notes section 111 of the Labour Act, referred to by the Government in its report. It notes that not only does this provision not provide for the possibility for a seafarer to obtain from the master, at all times, a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement, but it also forbids any entry in the certificate other than the ones required (duration of employment relationship, last salary paid and duties). The Committee cannot but reiterate the hope that this legislation will be amended to bring it into line with this provision of the Convention.

Furthermore, the Committee notes section 335 of the Labour Act which provides that articles of agreement shall be signed where there is no collective agreement. The Committee points out that States ratifying the Convention are under the obligation to take the necessary steps to ensure that the work of seafarers is governed by articles of agreement signed by the shipowner or his representative (Article 3 of the Convention), even if there is a collective agreement in this area. In this connection, the Committee recalls that the particulars referred to in Article 6, paragraph 3, most of which are provided for in section 2 of the above-mentioned Regulations, must appear in the articles of agreement and cannot, by reason of their nature, be provided for in collective agreements.

Point V of the report form. Please give a general appreciation of the manner in which the Convention is applied, providing a specimen of the seafarer's discharge book currently in force, together with statistical information on the number of seafarers signed on and the number of articles of agreement signed.

The Committee also wishes to point out that the Government may request technical assistance from the Office in amending the national legislation in order to harmonize it with the provisions of the Convention.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 8 of the Convention. The Committee draws the Government's attention to the need to guarantee that seafarers can obtain more specific information on board as to their conditions of employment and satisfy themselves as to the nature and extent of their rights and obligations. The Committee hopes that the relevant legislation will be amended in order to introduce the necessary provisions to this effect in accordance with this Article of the Convention.

Article 9, paragraph 1. The Committee notes the prohibition of terminating an agreement of a seafarer while the vessel is at sea or in a foreign port, except when the seafarer has been taken on in that country (section 353 of the Organic Labour Act of 1990), which provides protection which is more favourable to the seafarer than the protection contained in the Convention. With reference to section 98 of the above Act, which includes resignation among the forms of terminating the employment relationship, the Committee notes nevertheless that in accordance with section 5 of the Regulations of 1992 respecting employment on board vessels at sea and in lakes, the contract of employment cannot be terminated when the vessel is in foreign waters or unpopulated places, which in practice, when a vessel undertakes long voyages without returning to a Venezuelan port, can result in an important limitation on the right of seafarers to terminate their employment agreement. The Committee hopes that the above provision will be amended in order to permit the termination by seafarers of contracts without limit of time in any port where the vessel loads or unloads, provided that the notice specified in the agreement has been given, even when the vessel is in ports in foreign waters.

Article 13, paragraph 1. The Committee notes the Government's reply to its previous comments on this point and, in particular, the reference which it makes to sections 100 and 107 of the Organic Labour Act, which deal with resignation and the notice to be given for the voluntary resignation which brings to an end, without legally justifying grounds, an employment relationship for an indefinite period. Nevertheless, the Committee notes that, contrary to the Convention, the possibility that a seafarer might obtain command of a vessel or an appointment as mate or engineer or to any other post of a higher grade than he actually holds, or that any other circumstance has arisen since the engagement which renders it essential to his interests that he should be permitted to take his discharge, is not explicitly considered as a ground for resignation or included in the clauses set out in the above Act (section 103). Moreover, the Committee notes that in the event of the seafarer without legal grounds terminates an employment contract for a definite period before the end of the period, the seafarer is obliged to pay the employer compensation for damages (section 110). The Committee therefore reiterates its previous comments to the effect that the above legislation should be amended in order to bring it into conformity with this provision of the Convention.

Article 14, paragraph 2. The Committee notes the provisions of section 111 of the Organic Labour Act, to which the Government refers in its report, and finds that the above provision not only does not provide for the possibility at all times of seafarers obtaining from the master a separate certificate as to the quality of their work or, failing that, a certificate indicating whether they have fully discharged their obligations under the agreement, but that it prohibits any other reference being made in the record of work than those for which specific provision is made (duration of the employment relationship, the last wage paid and the position held). The Committee is bound to hope once again that the above legislation will be amended to conform to this provision of the Convention.

Furthermore, the Committee notes that section 335 of the Organic Labour Act provides that employment contracts are to be concluded in the absence of a collective agreement. The Committee draws the Government's attention to the obligation which derives from the ratification of the Convention to take the necessary measures to ensure that seafarers are employed under articles of agreement signed by the shipowner or his representative (Article 3 of the Convention), even in the case that the employment relationship is covered by a collective agreement. In this respect, the Committee recalls that the information mentioned in Article 6, paragraph 3, and which is generally provided for under section 2 of the above Regulations, must in all cases be included in the above articles of agreement and cannot, by its very nature, be set out in collective agreements.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report and, in particular, the adoption of the Organic Labour Act of 1990, and the Regulations of 1992 respecting labour on board vessels sailing at sea, in rivers and lakes, which was issued under the Organic Labour Act. The Committee notes that, despite the repeated comments that it has been making for a number of years, the above legislation does not contain provisions which give full effect to Articles 8, 9, paragraph 1, Article 13, paragraph 1, and Article 14, paragraph 2, of the Convention. The Committee trusts that the Government will take the necessary measures to bring its legislation into conformity with the above provisions of the Convention and that, in this respect, it will take into account the comments which are being made in a direct request.

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

With reference to its previous observation, the Committee notes that, according to the Government's report, the Basic Labour Bill is still in the process of being examined by Parliament and that the inclusion in the regulations issued for its application of the provisions of the Convention on which the Committee has been commenting will be examined. The provisions in question are Article 8 (measures to enable a seaman to obtain clear information on board as to the conditions of his employment), Article 9, paragraph 1 (possibility for either party, in the case of agreements for an indefinite period to terminate the agreement in any port where the vessel loads or unloads, provided that the notice specified has been given), Article 13, paragraph 1 (possibility for a seaman to claim his discharge to obtain a post of a higher grade) and Article 14, paragraph 2 (right of a seaman to obtain from the master a certificate as to the quality of his work). The Committee hopes that it will be possible for the above-mentioned legislation to be adopted shortly.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 9, paragraph 1 of the Convention. With reference to its previous observation, the Committee takes note of the information communicated by the Government to the effect that the Labour Bill is currently before the National Congress. The Committee hopes that the above Bill will be adopted in the near future and will be in conformity with this provision of the Convention.

The Committee further hopes that on adopting the corresponding regulations giving effect to the future Act, the Government will take into account the provisions of Article 8 of the Convention (measures to enable a seaman to obtain clear information on board as to the conditions of employment), Article 13, paragraph 1 (possibility for a seaman to claim his discharge to obtain a post of a higher grade) and Article 14, paragraph 2 (right of a seaman to obtain from the master a certificate as to the quality of his work).