Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Russian Federation (Ratification: 1991)

The Committee notes the Government’s report for the period ending 1999. It requests the Government to provide further information on the following points.

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by the Russian Federation.).  The Committee requests the Government to provide clarification on the application of the following provisions of the Conventions listed in the Appendix:

-  Convention No. 53 (Articles 3 and 4).  In its previous comments the Committee asked the Government to provide information on the practical application of section 4 of the Regulations on Ranks of Command Personnel of Seagoing Ships, approved by resolution No. 839 of the Council of Ministers of the USSR, dated 25 August 1983) (the Regulations on Ranks), as well as on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 3 of Convention No. 53. The Committee notes the Government’s indication that the authorization to take the place of a master or of a chief engineer may be granted to an assistant master or second engineer in "exceptional circumstances" which are interpreted as sudden death, serious illness or physical inability of a ship’s master or chief engineer to carry out their duties.

The Committee further notes that in accordance with article 54 of the Merchant Shipping Code of the Russian Federation’s new Regulations on Certification of the Members of Crews of Seagoing Ships (the Regulations on Certification) have been approved by resolution No. 900 of the Government on 4 August 1999. The Committee notes that the Regulations on Certification prescribe conditions for granting a dispensation, different from those previously prescribed by the Regulations on Ranks. Under part 1 of section 11 of the Regulations on Certification, in exceptional cases, and provided this does not endanger persons, property or the environment, on the decision of the captain of a commercial seaport, officers of seagoing ships may be granted, for a limited period, a dispensation permitting them to occupy a post higher than that permitted by their certificate (emphasis added). A dispensation shall be granted for a maximum period of six months, if the officer has sufficient qualifications and experience to meet the requirements of safety in navigation (part 3 of section 11). Dispensations to hold the post of master or chief engineer shall be granted only in emergency circumstances and then only for the shortest possible period (emphasis added) (part 2 of section 11).

The Committee recalls that under Article 3, paragraph 2, of Convention No. 53 exceptions from the certification requirements could be granted only in cases of force majeure, and not merely in "exceptional cases" or under "emergency circumstances". It asks the Government to indicate measures taken or envisaged to amend section 11 of the Regulations on Certification so that a dispensation to a master, a chief engineer, a navigating officer in charge of a watch, and an engineering officer in charge of a watch could be granted only in circumstances of force majeure.

-  Convention No. 22.  In its previous comments the Committee asked the Government to indicate how it is ensured in the Russian Federation that an entry made in the document issued to a seaman in the case of termination of employment does not indicate the grounds for such discharge. The Committee notes the Government’s indication that every seaman is given a work record book. The Committee further notes that in accordance with part 4 of article 39 of the Labour Code and section 32 of the instructions on the procedure for keeping work record books in the enterprises, institutions and organizations, approved by resolution of the State Committee on Labour of the former USSR, dated 20 June 1974 (as amended), the work record book shall indicate the grounds for termination of employment. Recalling that under Article 14, paragraph 1, of Convention No. 22, an entry made in the document issued to the seaman and the list of the crew in case of the termination or rescission of the agreement should merely state the fact that the seaman had been discharged and not the grounds for such discharge, the Committee requests the Government to provide information on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 14 of the Convention.

Article 2(d)(ii).  In its previous comments the Committee asked the Government to indicate what arrangements have been made by the Russian Federation for reporting complaints in connection with the engagement in the Russian Federation of seafarers on ships registered in a foreign country to the competent authority of such country. The Committee notes the Government’s indication that the Ministry of Labour and Social Development together with the Ministry of Transport have undertaken measures through the relevant trade union organizations and shipowners to provide assistance to seafarers who submitted complaints in connection with their engagement on ships registered in a foreign country, but no complaints have been reported to the competent authorities of States in which the ships in question were registered. The Committee recalls that under Article 2(d)(ii) each Member which ratifies the Convention undertakes to ensure that adequate procedures exist for the investigation of any complaint made in connection with and, if possible, at the time of the engagement in its territory of seafarers of its own nationality on ships registered in a foreign country, and that such complaint as well as any complaint made in connection with and, if possible at the time of the engagement in its territory of foreign seafarers on ships registered in a foreign country, is promptly reported by its competent authority to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office. The Committee requests the Government to indicate measures envisaged to ensure that such procedures are actually adopted.

Article 2(f).  In its previous comments the Committee asked the Government to indicate: the current number of inspectors at the disposal of the port administrations; the number and results of inspections and investigations of complaints conducted; penalties imposed within the period under review by port administrations, maritime inspection and federal labour inspection in respect of ships flying the flag of the Russian Federation; and to provide information, in particular, on verification by inspection or other appropriate means of compliance with the requirements of the Medical Examination (Seafarers) Convention, 1946 (No. 73). The Committee notes the Government’s indication that the number of inspectors at the disposal of the port administrations is determined on the basis of the frequency of entry of ships in a particular port. The minimum number of inspectors shall be two, but in large ports (St. Petersburg, Novorossijsk, Murmansk, Vladivostok) there are up to eight inspectors. Where the inspector has difficulty in determining whether a ship registered in the Russian Federation complies with the requirements of Convention No. 73, such inspector may request the assistance of a suitably qualified person (inspectors of the register, inspectors of the trade union etc.). The Committee asks the Government to indicate the number and results of inspections and investigations of complaints conducted and penalties imposed within the period under review by port administrations, maritime inspection and the federal labour inspection in respect of ships flying the flag of the Russian Federation. Please also indicate whether the Government considers the current number of inspectors at the disposal of the port administrations as sufficient for the efficient discharge of duties under this provision of the Convention.

The Committee has taken note of the information provided by the Government in relation to the application of Article 1, paragraphs 2, 3 and 4(c); Article 2(a) (Conventions Nos. 68 and 130); Article 2(b); Article 2(c); Article 2(d)(i); Article 2(g); Article 3; and Article 4 of the Convention, as well as of the information provided under Part V of the report form.