Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 1, paragraphs 1 and 2, of the Convention. Scope of application. Further to its previous comments, the Committee notes the Government’s explanation that Part IV (Engagement of Master and Seamen) of Law No. 46 of 1963 (The Merchant Shipping (Masters and Seamen) Laws of 1963), as amended, also applies to fishers other than those engaged on board fishing vessels employed solely in navigation on the coast and having an overall length less than 13 metres and not having a whole or fixed deck, who are excluded from the scope of this law by virtue of section 6(2) of the Merchant Shipping (Registration of Ships, Sales and Mortgages) Law No. 45/1963, as amended. The Committee requests the Government to indicate the number of fishing vessels and fishers currently excluded from the scope of the legislation governing articles of agreement pursuant to this provision.

Articles 3 and 8. Informing fishers. The Committee recalls that Article 3(1) of the Convention provides that facilities must be given to the fisher and, as the case may be, also to his adviser, to examine the articles of agreement before they are signed, and that Article 3(4), provides that national law must make adequate provision to ensure that the fisher has understood the agreement. It also recalls that under Article 8 of the Convention, the competent authority must lay down the measures to be taken to enable the fisher to obtain clear information on board as to the conditions of employment. The Committee requests the Government to specify how implementation of these provisions is ensured.

Article 4. Jurisdiction. The Committee requests the Government to provide information on measures taken to ensure that the articles of agreement do not contain any stipulation by which the parties purport to contract in advance to depart from the ordinary rules as to jurisdiction over the agreement, as prescribed by this Article of the Convention.

Article 9. Termination of the agreement. The Committee notes that mutual consent is not among the grounds for termination set forth in section 13 of Law No. 46 of 1963 (The Merchant Shipping (Masters and Seamen) Laws of 1963), as amended. It requests the Government to indicate whether termination on this ground is nonetheless possible under general law on obligations.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, for instance, extracts from reports of the inspection and registration services, and statistical information on the number of fishers signed on during the year under review, the number and nature of the contraventions reported, etc.