Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Continuity of Employment (Seafarers) Convention, 1976 (No. 145) - Costa Rica (Ratification: 1981)

Articles 2 to 6 of the Convention. National policy to promote continuity of employment for seafarers. The Government has been reporting for a number of years on the absence of a significant maritime industry and, as a result, the inability to give effect to the provisions of the Convention. The Government has also been indicating that the only sizeable fleet in the country is composed exclusively of fishing vessels which under Article 1(2)(b) of the Convention, fall outside its scope of application. The Committee therefore understands that under the present circumstances the Convention is not applied in either law or practice. It accordingly requests the Government to indicate in future reports any progress regarding the promotion and development of a maritime industry, and consequently, the adoption of a general policy seeking to provide shipowners with a stable and competent workforce while ensuring continuous or regular employment to seafarers, as required by Article 2 of the Convention.

Moreover, the Committee wishes to recall that Convention No. 145, together with 36 other international maritime labour Conventions, is revised by the Maritime Labour Convention, 2006 (MLC, 2006), which in Regulation 2.8, Standard A2.8 and Guideline B2.8 shifts the emphasis from continuity of employment to encouragement of employment opportunities and promotion of career and skills development. The Committee requests the Government to keep the Office informed of any developments regarding the process of ratification and effective implementation of the MLC, 2006.