Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

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 noted that section 11 of the Regulations on Certification of the Members of Crews of Seagoing Ships, approved by resolution No. 900 of the Government of the Russian Federation, dated 4 August 1999, provides for the possibility to grant 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, so that they may assume functions of a higher grade in exceptional circumstances. It had requested further information on the practical application of this provision, but the Government’s report provides no information in this regard. The Committee once again asks the Government to provide information in its next report on how many cases of dispensation have been granted during the reporting period, and under what circumstances.

Convention No. 22. In its previous comments the Committee had noted that under the legislation in force in the Russian Federation, the work record book shall indicate the grounds for termination of employment. Recalling that under Article 14, paragraph 1, read together with Article 5, paragraph 2, 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, it had requested the Government to provide information on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 14 and Article 5 of the Convention. The Government’s latest report again provides no information in this regard. The Committee once again asks the Government to provide the information requested and to adjust the legislation to ensure substantial equivalence with these provisions of Convention No. 22, so that 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 will merely state the fact that the seaman had been discharged and not the grounds for such discharge.

Article 2(d)(ii). 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. 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 Government’s report provides no information in this regard. The Committee once again asks the Government to provide information requested.

Article 2(f). 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 the Port Administrations, the 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.