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

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

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.]