Observación (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

Convenio sobre el contrato de enrolamiento de la gente de mar, 1926 (núm. 22) - México (Ratificación : 1934)

The Committee notes the information in the Government’s report and recalls its previous comments on the application of the Convention, in particular regarding the formalities in completing the articles and the modalities for terminating the agreement. The Committee also takes note of the comments of the Confederacion de Camaras Industriales de los Estados Unidos Mexicanos, according to which the provisions of section 209 III of the Federal Labour Act provide additional protection to seafarers by not allowing termination of an agreement for an indefinite period in a foreign port.

Termination of agreement

In its previous comments the Committee has addressed the problem of legislation prohibiting termination of an agreement for an indefinite period in a foreign port. The right is specifically guaranteed in Article 9, paragraph 1, of the Convention. While recognizing that a prohibition on terminating articles of agreement in a foreign port could be viewed as a form of protection, in particular against seafarers being abandoned or otherwise stranded abroad, the Committee recalls that this right to give notice and terminate an agreement for an indefinite period is expressly set forth in the Convention. In this respect, if the period of notice and formalities of termination are respected, the seafarer’s motivation for so doing, which the Government questioned in its report, would not affect the legality of the act. Similarly, with regard to the Government’s concern that the employer could evade his repatriation obligations by terminating the agreement abroad, the employer’s responsibility for repatriation would be determined according to applicable national and international instruments, including the Repatriation of Seafarers Convention (Revised), 1987 (No. 166), ratified by Mexico.

Formalities and safeguards in completing the articles

Article 3, paragraph 6.  The Committee notes that the Government considers the prohibition on termination abroad of an agreement for an indefinite period as part of the further formalities and safeguards intended to protect the interests of the shipowner and the seafarer. However, the Committee notes that the "further formalities and safeguards" set forth in this Article refer to the "completion of the agreement", and not to other forms of protection. Under no circumstances could this permissive clause be understood to invalidate rights expressly conferred under the Convention.

The Committee renews its request for the Government to bring the aforementioned provisions of the Federal Labour Act into conformity with the requirements of the Convention and to indicate the measures taken in its next report.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to report in detail in 2003.]