Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Articles 5 and 14 of the Convention. In its previous comments the Committee asked the Government to take the necessary measures to give effect to these provisions of the Convention. It notes that the maritime book (Libreta de Mar) transmitted by the Government in 2000 does not provide any space for entries that the seaman has been discharged. The Committee recalls that an intention behind the inclusion of Article 14 into the text of the Convention was that an entry should be made in the document referred to in Article 5 of the Convention as well as in the list of crew, stating merely the fact that the seaman had been discharged and not the ground for such discharge (ILC, 9th Session, Record of Proceedings, ILO, Geneva, 1926, p. 524). The Committee asks the Government to take all measures to give full effect to this provision of the Convention and to report on any progress made in this regard.

Article 9. For more than 30 years the Committee has been asking the Government to amend section 209(III) of the Federal Labour Act, according to which it is unlawful to terminate the employment relation when the vessel is in foreign waters, in places where there are no towns, or unpopulated places, or in port (in the latter case, if the vessel is exposed to some risk on account of bad weather or other circumstances). Under Article 9 of the Convention, however, an agreement for an indefinite period may be terminated by either party in any port where the vessel loads or unloads, provided that the notice specified in the agreement shall be given, which shall not be less than 24 hours. Notice shall be given in writing; national law shall provide such manner of giving notice as is best calculated to preclude any subsequent dispute between the parties on this point. National law shall determine the exceptional circumstances in which notice even when duly given shall not terminate the agreement.

The Committee notes that in spite of its repeated requests, section 209(III) of the Federal Labour Act still has not been brought into conformity with the requirements of the Convention. To the extent that in Mexico under article 130 of the Constitution international Conventions form part of the national legislation and are the supreme law, on the one hand, and, on the other hand, the jurisprudence recognizes the duality of the system and applies, at the same time, international Conventions, the Committee considers that the Government has the possibility and the duty to bring section 209(III) of the Federal Labour Act into conformity with Article 9 of the Convention. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.