Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 22) sur le contrat d'engagement des marins, 1926 - Venezuela (République bolivarienne du) (Ratification: 1944)

Autre commentaire sur C022

Observation

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Articles 3–14 of the Convention. Articles of agreement. In its previous comments, the Committee asked the Government to take measures as soon as possible to adapt the national legislation to various Articles of the Convention in order 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 notes the Government’s reference in its report to the Basic Act on labour and men and women workers (LOTTT) of 30 April 2012, of which Title IV relating to special working arrangements includes a special section relating to work in maritime, river and lake navigation. The Committee notes in particular section 246 of the LOTTT, which provides that where there is no written employment contract, it shall suffice, for service on the vessel to commence, that the worker be included on the crew list of the vessel or that he/she simply provide his/her services. In this respect, the Committee recalls that Article 3(1) of the Convention provides that the articles of agreement shall be drawn up in written form and signed both by the shipowner and by the seafarer. Furthermore, section 246 of the LOTTT establishes a number of obligatory clauses which must be incorporated in the articles of agreement but which do not include the particulars enumerated in Article 6 of the Convention.

The Committee also notes section 247 of the LOTTT concerning the agreement for a voyage, according to which the agreement shall cover the time from the recruitment of the worker to the agreed conclusion of the vessel’s operations in the port. Nevertheless, the same section of the LOTTT stipulates that, where the port to which the worker must return has not been decided, the place where the employment contract is performed shall apply. In this respect, the Committee recalls that under Article 6(3)(10)(b), if the agreement has been made for a voyage, it must refer to the termination of the agreement and specifically: (i) the port of destination; and (ii) the time which has to expire after arrival before the seaman shall be discharged. The Committee also notes that section 267 of the LOTTT provides that the regulations that govern the employment relationships of workers in maritime, river or lake transport shall be established in a special law. However, the Committee observes that it appears that the said special law has not yet been adopted. The Committee therefore observes that the national legislation does not give full effect to all the provisions of the Convention. Recalling the importance for seafarers of the protection afforded by the Convention, the Committee urges the Government once again to adopt the necessary measures without delay to give effect to its provisions.