Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Ecuador (Ratification: 1978)

Article 3 of the Convention. Written articles of agreement. In its previous comment, the Committee requested the Government to indicate the manner in which it is ensured in practice that all fishers receive their articles of agreement in writing. The Committee notes the Government’s indication in its report that compliance with this provision of the Convention is guaranteed through comprehensive inspections that were established to strengthen inspection processes.

Articles 5 and 8. Records of employment for every fisher and on-board information on conditions of employment. In its previous comment, the Committee once again requested the Government to specify whether provision is made for a record of employment to be maintained for every fisher and the manner in which it is ensured that fishers may obtain on board clear information on the conditions of employment applicable to them. The Committee notes the information provided by the Government regarding the adoption of the Regulations on the Special Labour Relationship for Fishing in the High Seas by means of Ministerial Decree No. 0063 of 13 March 2014. The Government indicates that this Decree was adopted with the aim of guaranteeing effective compliance with the Convention. However, the Committee notes that the Regulations do not prescribe the manner in which a record of service shall be maintained for every fisher or guarantee that information on conditions of employment shall be available on board. The Committee recalls that, under Article 5 of the Convention, a record of employment shall be maintained for every fisher by or in a manner prescribed by the competent authority. At the end of each voyage or venture a record of service in regard to that voyage or venture shall be available to the fisher concerned or entered in his service book. The Committee also recalls that, under Article 8 of the Convention, in order that the fisher may satisfy himself as to the nature and extent of his rights and obligations, the competent authority shall lay down the measures to be taken to enable clear information to be obtained on board as to the conditions of employment. The Committee once again requests the Government to specify the manner in which effect is given to Articles 5 and 8 of the Convention.