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

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

Article 2(a)(i). Safety standards – Standards of competency. The Committee has been drawing the Government’s attention to the need to amend section 11 of the Regulations on Certification of the Members of Crews of Seagoing Ships, approved by resolution No. 900 of 4 August 1999, to ensure that a derogation from the certification requirements may only be granted to a master, a chief engineer, a navigating officer in charge of a watch, and an engineering officer in charge of a watch in circumstances of force majeure. In the absence of the Government’s reply, the Committee again requests the Government to indicate how substantial equivalence is ensured with Article 3(2) of the Officers’ Competency Certificates Convention, 1936 (No. 53).

Article 2(a)(iii). Shipboard conditions of employment – Articles of agreement. The Committee has been commenting for a number of years on the legislation in force with respect to the work record book. More concretely, section 66 of the Labour Code, as last amended in 2006, provides that the work record book will specify, among other things, the grounds for termination of the employment agreement. The Committee draws the Government’s attention once more to Articles 14 and 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22), which provide that an entry made in the document issued to the seafarer 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 therefore requests the Government to take appropriate steps to ensure that its legislation is substantially equivalent to the standards of Articles 5 and 14(1) of the Seamen’s Articles of Agreement Convention, 1926 (No. 22).

Article 2(b). Effective jurisdiction. The Committee notes the comments of the Federation of Maritime Transport Trade Unions (FPRMT), dated 12 September 2011, according to which the Government fails to exercise effective jurisdiction over Russian-flagged ships in terms of enforcing legislation on the employment of seafarers. The FPRMT alleges that in the absence of any accountability for such failure, there have been flagrant violations of seafarers’ rights on board Russian seagoing vessels, especially in bareboat chartering or similar arrangements and other joint operations between Russian and foreign partners where the laws of the Russian Federation are simply not applied. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the FPRMT.

Article 2(d)(ii). Complaints with respect to engagement of seafarers. The Committee notes the Government’s indication that complaints of Russian seafarers engaged onboard foreign-flagged vessels are subject to the jurisdiction of the Russian courts, unless otherwise stipulated in the employment contract agreed with the foreign shipowner. However, the Committee has been asking the Government to indicate any arrangements 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. In the absence of the Government’s reply, the Committee would appreciate receiving further explanations on this point.

Articles 2(f) and 4 and Part IV of the report form. Ship inspections – Practical application. The Committee notes the Government’s indication that virtually all Russian ships are obliged to undergo inspection when they arrive at home port, that inspections consist of technical checks as well as an examination of seafarers’ working and living conditions and applicable collective wage agreements, and that ship inspections are carried out by the respective inspectorates, state labour inspectors, technical labour inspectors of the seafarer’s union and the water transport workers’ union and inspectors of the International Transport Workers Federation. The Committee further notes that according to the Paris MOU inspection database, in the period 2005–11, over 5,340 inspections of foreign-flagged ships were carried out in ports of the Russian Federation. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including, for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspections checklist or inspection report form, and copies of official publications, such as activity reports of the maritime administration.

Finally, the Committee recalls that Convention No. 147 together with 36 other international maritime labour Conventions is revised by the MLC, 2006. It also recalls that the notion of substantial equivalence has been incorporated and further defined in Article VI(3) and (4) of the MLC, 2006, while an innovatory and comprehensive inspection regime is established in Title 5 of the Convention. In this latter respect, the Committee wishes to highlight the adoption by an ILO tripartite experts’ meeting in September 2008 of the Guidelines for flag State inspections and the Guidelines for Port State Control Officers, as an essential aspect of ensuring widespread harmonized implementation of the MLC, 2006. While noting the Government’s statement that preparations are currently under way for the ratification of the MLC, 2006, the Committee requests the Government to keep the Office informed of any further developments in this respect.

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

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.

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

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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending 1998. It requests the Government to provide further information on the following points.

Article 1, paragraph 2, of the Convention. Please indicate the provisions of national laws or regulations which define the term "seagoing vessel".

Article 1, paragraph 3. Please indicate whether the Convention is applicable to all seagoing tugs, or only to those tugs provided with crew accommodations, space for storage of food and fresh water.

Article 1, paragraph 4(c). The Committee requests the Government to indicate: (i) which vessels are considered as small vessels for the purposes of the Convention and as such excluded from its scope; (ii) whether consultations have been held with the most representative organizations of shipowners and seafarers.

Article 2(a). (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. 22. The Committee requests the Government to indicate: (i) how it is ensured in the Russian Federation that every seaman is given a document containing a record of his employment on board the vessel (Article 5, paragraph 1, of the Convention) ; (ii) that such a document does not contain any statements as to the quality of the seaman's work or as to his wages (Article 5, paragraph 2, of the Convention); (iii) that an entry made in the document issued to the seaman in accordance with Article 5 of the Convention and the list of crew in case of the termination or rescission of the agreement merely states the fact that the seaman had been discharged and not the grounds for such discharge (Article 14, paragraph 1, of the Convention); (iv) that the seaman has the right at all times, in addition to the record mentioned in Article 5 of the Convention to obtain from the master a separate certificate as to the quality of his work or, failing that, a certificate indicating whether he has fully discharged his obligations under the agreement (Article 14, paragraph 2, of the Convention); and (v) how substantial equivalence is ensured in respect of those seagoing vessels that are outside of the scope of the Labour Code (e.g. seagoing vessels owned by cooperative organizations).

-- Convention No. 53. The Committee notes that in accordance with part 1 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"), a privileged permit may be granted, in exceptional cases, to a person holding a diploma to perform the duties of one grade higher than the grade corresponding to his diploma. If the person does not have a diploma, a privileged permit may be granted to perform the duties of the lowest grade for which a certificate is required (part 2 of section 4 of the Regulations on Ranks). Such a permit is granted for a period not exceeding six months, on the condition that the person has qualifications and experience sufficient for ensuring the safety of navigation (part 3 of section 4 of the Regulations on Ranks). While for the functions of master and chief engineer, a privileged permit may only be granted in cases of force majeure and for the shortest possible period (part 4 of section 4 of the Regulations on Ranks), it appears that under parts 1, 2 and 3 of section 4 of the Regulations on Ranks a privileged permit may be granted to a navigating officer in charge of a watch and an engineering officer in charge of a watch in exceptional cases which are not limited to cases of force majeure as provided for in Article 3, paragraph 2, of the Convention. Referring to paragraphs 85 to 87 of its 1990 General Survey on Convention No. 147 the Committee requests the Government to provide information on the practical application of this provision as well as on any measures adopted or envisaged to ensure substantial equivalence of its legislation with Article 3 of the Convention.

The Committee also requests the Government to indicate: (i) the minimum age which has to be attained and professional experience required by candidates for each grade of competency certificate (Article 4, paragraph 2(a)); and (ii) the system of examinations for the purpose of testing whether candidates for competency certificates possess the qualifications necessary for performing the duties corresponding to the certificates for which they are candidates (Article 4, paragraph 2(b), of the Convention).

-- Convention No. 68. Please indicate how the quantity, nutritive value and variety of food are governed on those seagoing vessels that are not covered by the Sectoral Tariff Agreement for the maritime transport for 1998 and supply the texts of relevant regulations (if any) (Article 5, paragraph 2(a), of the Convention).

-- Convention No 130. The Committee requests the Government to indicate: (i) what are the conditions for rendering medical assistance to foreign citizens and persons without citizenship living in the Russian Federation; (ii) whether the treatment of the sick person in a hospital is included into the guaranteed minimum of medical assistance free of charge to the citizens (Article 13 of the Convention); and (iii) which are the amount and conditions of medical assistance set forth by the base programme of mandatory medical insurance (Article 16, paragraph 1, of the Convention).

Article 2(b). Please indicate how cooperation is organized between different inspection services.

Article 2(c). The Committee asks the Government to indicate: (i) the conditions of employment and shipboard living arrangements that are outside of the scope of the jurisdiction of the Government; and (ii) the criteria for delimitation between the governmental control (exercised by the Federal Labour Inspection and other state bodies) and professional (non-governmental) control established by respective agreements between shipowners or their organizations and seafarer's organizations.

Article 2(d)(i). The Committee asks the Government to indicate whether the shipowners in the Russian Federation currently use a standard or a model form of labour agreement (contract) for the engagement of seafarers.

Article 2(d)(ii). Please 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.

Article 2(f). The Committee asks 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 and 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 on the practice of verification by inspection or other appropriate means of compliance of ships registered in the territory of the Russian Federation with the requirements of the Medical Examination (Seafarers) Convention, 1946 (No. 73).

Article 2(g). Please indicate whether the Regulations on the procedure of classification, investigation and registration of accidents with ships (PRAS-90), approved by Order No. 118 of the Ministry of Maritime Fleet of the USSR, dated 29 December 1989, are still effective in the Russian Federation.

Article 3. Please provide details on how seafarers, recruited on foreign ships directly without the participation of Russian shipping companies or Russian crewing companies, are advised on possible problems of signing on a ship registered in a State which has not ratified the Convention.

Article 4, paragraph 1. Please provide information in respect of the substance of the inspections of foreign ships visiting the ports of the Russian Federation.

Article 4, paragraph 2. Please describe the procedure for notification of the maritime, consular or diplomatic representative of the flag State of a ship that does not conform to the standards of this Convention.

Part V of the report form. The Committee asks the Government to indicate: (i) specific names of trade union organizations to which the copies of the report were sent; and (ii) what are the most representative organizations of shipowners and seafarers in the Russian Federation.

The Committee also requests the Government to provide copies of the following documents:

-- Regulations on minimum requirements to the manning of ships, approved on 9 December 1969, as amended by the Order No. 91 of the Ministry of Maritime Fleet of the USSR "on insertion of additions into the Regulations on minimum requirements to the manning of vessels", dated 23 June 1987;

-- Regulations concerning the content of the guaranteed minimum of medical assistance free of charge to the citizens;

-- Regulations concerning conditions and regime of rendering of medical assistance to foreign citizens and persons without citizenship living in the Russian Federation;

-- standard or a model form of labour agreement (contract) for the engagement of seafarers, currently used by shipowners in the Russian Federation (if any);

-- methodological recommendations for inspectors on the application of the Memorandum of Understanding on Port State Control (European region, Asia-Pacific region) and in particular, concerning the ILO Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147).

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that no reply has been received concerning documents previously requested, and thus repeats its request which read as follows:

The Committee notes the information provided by the Government in its first report.

Under point V of the report form there is reference to a certain number of documents mentioned as being annexed to the report but which were not received. These texts are the following:

-- Sectoral Tariff Agreement (STA-95) (full text, including Annex 4 governing hours of work and rest);

-- regulations concerning investigation and reporting of industrial accidents of 3 June 1995, No. 558;

-- instructions on labour protection of the Department of Maritime Transport of the Russian Federation (No. 2-95 of 19 May 1995);

-- regulations governing service on vessels (or on board ship) (no date or reference number is indicated in the report).

The Committee renews its request to the Government to provide these documents urgently so as to enable it to examine the application of the Convention at its next session.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its first report.

Under point V of the report form there is a reference to a certain number of documents mentioned as being annexed to the report but which were not received. These texts are the following:

- Sectoral Tariff Agreement (STA-95) (full text, including Annex 4 governing hours of work and rest);

- Regulations concerning investigation and reporting of industrial accidents, 3 June 1995, No. 558;

- Instructions on labour protection of the Department of Maritime Transport of the Russian Federation (No. 2-95 of 19 May 1995);

- Regulations governing service on vessels (or on board ship) (no date or reference number is indicated in the report).

The Committee would appreciate an early reply so as to enable it to examine the application of the Convention at its next session.