Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention du travail maritime, 2006 (MLC, 2006) - Fédération de Russie (Ratification: 2012)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes the observations made by the Russian Confederation of Labour (KTR), received on 31 October 2017. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016, entered into force for the Russian Federation on 18 January 2017 and 8 January 2019, respectively.

The Committee welcomes the fact that, since the last report was submitted in 2014, the Russian Ministry of Transport has issued a number of regulations giving effect to some of the provisions the Convention. The Committee notes however that the Government has not provided answers to the majority of the questions raised in its previous comment. Noting the Government’s indication that the work on establishing the legal and regulatory framework required to implement the MLC, 2006 is being continued by the Interdepartmental Commission (which includes representatives of shipowners’ and seafarers’ organizations) in accordance with the approved plan, the Committee hopes that all the necessary measures will be adopted in the near future. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues:

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication that the measures implementing the Convention cover, as seafarer, any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. However, the Government has not indicated the relevant legal provision which contains this definition. While noting the provisions of section 52 of the Merchant Shipping Code of the Russian Federation (edition of Federal Law of 1 July 2017 N 148-FZ), defining the crew of a vessel, the Committee notes that it is not clear whether this definition covers not only personnel with navigation and vessel operation tasks, but also other persons working in any capacity on board ships, such as personnel of cruise ships (for example, catering and hotel staff). The Committee requests the Government to clarify this point and indicate the relevant provisions defining the term seafarers in conformity with the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. Noting the Government’s indication that, in accordance with article 96 of the Labour Code, night “is the period from 10 p.m. to 6 a.m.” and that, accordingly, this definition covers a period of eight hours, the Committee requested the Government to explain the measures adopted or envisaged to ensure, for the purposes of Standard A1.1, that “night” is defined to cover a period of at least nine hours. Noting that the Government did not provide an answer to its request, the Committee reiterates its previous request.

Regulation 1.2 and the Code. Medical Certificate. Recalling that the need to adopt measures to implement the provisions related to medical certificates had been pending for many years (including in relation to the implementation of previous maritime Conventions) and noting that the existing draft legislation had yet to be adopted, the Committee requested the Government to adopt the necessary measures to give effect to the requirements of the Convention without delay. It also requested the Government to transmit its comments on the observations of the Maritime Transport Trade Unions (FPRMT) which stated that the draft legislation failed to establish the criteria for the selection of medical experts or establishments authorized to conduct physical examinations of seafarers and issue the medical certificate, or define the procedure for the creation or use of a list of medical experts or establishments (Standard A1.2, paragraph 4), and did not establish a procedure for filing an appeal where a seafarer has been refused a medical certificate (Standard A1.2, paragraph 5). The Committee notes that the Government did not provide an answer to its request. The Committee once again requests the Government to adopt the necessary measures without delay to give effect to Regulation 1.2 and the Code.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. With regard to the training and qualifications of seafarers, the Committee notes the Government’s reference to the provisions of the Ministry of Transport Order No. 62 of 15 March 2012, as amended by Order No. 167 of 13 May 2015. The Committee notes that paragraph 76 of the said Order prescribes training in accordance with AV / 2 of the STCW Code for senior personnel of the passenger service. However, the Committee has not identified provisions in the said Order which prescribe mandatory personal safety training for all persons working on board. The Committee recalls that under Regulation 1.3, paragraph 2, seafarers shall not be permitted to work on a ship unless they have successfully completed training for personal safety on board ship. The Committee accordingly requests the Government to indicate how it gives effect to this requirement with regard to all seafarers working on all ships covered by the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee requested the Government to identify the national laws and regulations which implement the requirements of Regulation 1.4 and the Code, including the prohibition of blacklists (Standard A1.4, paragraph 5(a)) and the requirement of a compulsory insurance scheme (Standard A1.4, paragraph 5(c)(vi)). While the Government did not reply to its request, the Committee notes the amendments of Regulation No. 1022 of 8 October 2012 introduced by Regulation of 30 December 2017 No. 1714 which give effect to Standard A.1.4, paragraph 5, of the Convention. The Committee notes however that the Government has not indicated how it implements Standard A1.4, paragraphs 7, 8 and 9. The Committee therefore requests the Government to indicate the provisions that give effect to these requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(c) and (d)). Seafarers’ employment agreement. Recalling that under Standard A2.1, paragraph 1, the agreement must be signed by both the seafarer and the shipowner or a representative of the shipowner, the Committee requested the Government to clarify how the legislation ensures the implementation of this provision of the Convention, the Government has not provided information in this regard. The Committee notes however the Order of 20 January 2015 N 23n “On approval of the approximate form of an employment contract entered into by an employer and an employee to work in crews of ships and mixed (river-sea) vessels flying the national flag of the Russian Federation” which refers to the signature of the seafarers’ employment agreement by the “employer”. Recalling the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II, the Committee requests the Government to amend the standard form agreement and any other relevant law to ensure that seafarers have an agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1. The Committee further notes that the existing legislation contains no provisions requiring that a copy of the seafarers’ employment agreement be accessible for review by officers of a competent authority, including those in ports to be visited (Standard A2.1, paragraph 1(d)). The Committee accordingly requests the Government to indicate the measures taken to give effect to the provisions of Standard A2.1, paragraph 1(d).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. Referring to section 66 of the Labour Code which provides that the record book will specify, among other things, the grounds for termination of the employment agreement, the Committee requested the Government to clarify how it ensures that in case of the termination or rescission of the agreement, the employer only states the fact that the seafarer had been discharged and not the grounds for such discharge. Noting that the Government has provided no information in this regard, the Committee therefore once again requests the Government to indicate how it gives effect to Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 2. Seafarers’ employment agreement. Documents available in English. The Committee requested the Government to indicate how it ensures that the employment agreement include certain provisions in English, as per Standard A2.1, paragraph 2. Noting that the Government has not provided information in this regard, the Committee therefore once again requests the Government to indicate the measures taken to give effect to Standard A2.1, paragraph. 2.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. The Committee requests the Government to indicate the applicable national provisions specifying the minimum period of notice to be given by the shipowner as required by Standard A2.1, paragraph 5.

Regulation 2.2 and the Code. Wages. The Committee requested the Government to provide its comments concerning the observations of the Seafarers’ Union of Russia (SUR), stating that the Russian Federation lacks a regulatory basis for ensuring the implementation of Regulation 2.2 as regards the full payment of wages and that, consequently, shipowners are declaring that they pay crew members in roubles while actually paying through foreign currency. Noting that the Government did not provide an answer on this point, the Committee reiterates its request.

Regulation 2.2 and Standard A2.2, Paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that paragraph 13 of the Order of 20 January 2015 N 23, provides that the salary or part of it can be transferred to the members of the family or authorized persons by means of bank transfers or in a similar way. Recalling that any charge for such service shall be reasonable in amount (Standard A2.2, paragraph 5), the Committee requests the Government to indicate the measures taken to ensure the implementation this provision of the Convention.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. The Committee requested the Government to indicate how it ensured compliance with Standard A2.3, paragraphs 7, 12 and 14. The Committee notes with interest the adoption of Order No. 268 of 20 September 2016 on Approving the Regulations on Working Hours and Rest Hours for Crew Members of Maritime Vessels and River-Sea Vessels which complies with the above-mentioned provisions of the Convention. The Committee requests the Government to indicate whether it has established a standardized format for the record of working time, as per requirement of the Standard A2.3, paragraph 12.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. Noting that the existing legislation did not provide for annual paid leave for seafarers, the Committee requested the Government to indicate the laws and regulations that implement Regulation 2.4. The Committee notes the Government’s reference to paragraph 26 of Order No. 268 of 20 September 2016 on Approving the Regulations on Working Hours and Rest Hours for Crew Members of Maritime Vessels and River-Sea Vessels. According to this Order, the basic annual leave of seafarers is calculated as 2.5 days of leave per month of work. The Committee also notes the observations provided by the KTR, stating that the procedure for calculating seafarers’ minimum annual paid leave entitlement established by the Order No. 268 is insufficient, since the legal mechanism needed to implement this regulation is still missing. It adds that, to date, no policy decision has been taken on the need to amend the Labour Code, despite its repeated proposals. The Committee further notes the Government’s indication that the issue of amending the Labour Code in order to establish basic paid annual leave for seafarers of 30 calendar days is currently under examination. The Committee requests the Government to provide information on any developments regarding the amendment of the Labour Code to establish basic paid annual leave for seafarers in accordance with the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Possible exceptions to the prohibition to forgo paid annual leave. The Committee requested the Government to indicate how it ensures that seafarers, who are employed on vessels for less than two consecutive years, are protected against forgoing annual leave with pay, as required under Standard A2.4, paragraph 3. The Committee notes the Government’s indication that the requirements of this Regulation have been taken into account in Order No. 268 of 20 September 2016. The Committee however did not identify the provisions prohibiting to forgo the minimum annual leave in the Order referred to above. Consequently, the Committee requests the Government once again to indicate the measures taken to fully implement Standard A2.4, paragraph 3.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee requested the Government to indicate how it implements the requirements of Standard A2.5, paragraph 1(b)(ii), regarding the entitlement to repatriation when the seafarers’ employment agreement is terminated by the seafarer for justified reasons. Noting that the Government has not provided information on this point, the Committee reiterates its request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. In this regard, the Committee takes note of paragraph 8(10) of the Order of 20 January 2015 N 23n, which establishes an obligation for the employer to insure wages and other amounts due to the employee, including repatriation costs as well as the life and health of the worker in the performance of his work. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (If yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer? (If yes, how did your country respond?); (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3, must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, please specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions and to indicate in each case the applicable national provisions.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. The Committee requested the Government to indicate the measures taken to implement Regulation 2.6. The Committee notes the Government’s reference to the article 59 of Federal Act No. 81-FZ of 30 April 1999, Merchant Shipping Code (hereinafter – the Merchant Shipping Code). The Committee also notes the observations of the KTR, drawing attention to the fact that article 59 of the Merchant Shipping Code “regulates only the procedure by which a shipowner must compensate seafarers for loss or damage to his/her property caused by an accident to the vessel”. The Committee recalls that according to Standard A2.6, paragraph 1, each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from that loss or foundering, taking due account of Guideline B2.6.1 regarding the calculation of this indemnity. The Committee requests the Government to adopt the necessary measures to implement the requirements of Regulation 2.6 and paragraph 1 of Standard A2.6.

Regulation 2.7 and the Code. Manning levels. The Committee requested the Government to provide its comments on the observations of the FPRMT and the SUR, according to which: (i) the general minimum crew regulations, that is, Order No. 199 of 9 December 1969, are outdated; and (ii) section 53 of the Merchant Shipping Code does not sufficiently regulate the minimum crew. The Committee notes the Government’s reference to the Russian Ministry of Transport Draft Order on Approving the Regulations on Minimum Manning Levels which has been prepared, taking into account International Maritime Organization Resolution A. 890(21) of 25 November 1999, Principles of Safe Manning. The Committee also notes that Order No. 199 of 9 December 1969 is no longer applicable on the territory of the Russian Federation, as it has been repealed. The Committee requests the Government to provide information on the status of the adoption procedure of the Order on Approving the Regulations on Minimum Manning Levels.

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s reference to Order No. 167 of 13 May 2015 amending Order No. 62 of 15 March 2012 on Approving the regulations on the Certification of Crew Members of Maritime Vessels. The Committee notes in this regard the observations from the Russian Confederation of Labour stating that the Order No. 62, as amended “only indirectly address the issue of seafarers’ career development, completely failing to engage with it even in reference to seafarers’ self-improvement, and ignore the issue of expanding employment opportunities for seafarers through skill development”. Recalling that “Each Member shall have national policies that encourage career and skill development and employment opportunities for seafarers, in order to provide the maritime sector with a stable and competent workforce” (Standard A2.8, paragraph 1), the Committee requests the Government to provide its comments on the observations of the Russian Confederation of Labour.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee recalled its previous comments under the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), in which it noted the Government’s indication that it was in the process of adopting new legislation to implement the requirements of those Conventions. Noting that no progress had been made, the Committee requested the Government to take concrete steps to adopt new laws or regulations to implement the requirements of Regulation 3.1 and Standard A3.1. The Committee notes that the Government did not provide an answer to its request. The Committee notes however the existence of non-mandatory guidelines which relate to the implementation of Regulation 3.1: Guidelines on Certifying Seafarers’ Working and Rest Conditions for Compliance with the MLC, 2006 (2-080101-014), edition of 2017 and Guidelines on the Implementation and Application of the Maritime Labour Convention (2-080101-015). Recalling that the Convention requires Members to adopt laws or regulations to implement Regulation 3.1, the Committee requests the Government once again to adopt without delay the necessary measures to give full effect to this provision of the Convention. The Committee notes the Government’s reference to the plans for the relevant federal executive bodies to jointly examine and adopt a decision on the specifics of complying with the provisions of the Convention for ships of less than 200 gross tonnage, taking into account Standard A3.1, paragraph 20. The Committee accordingly requests the Government to provide information on any decisions adopted in this regard.

Regulation 4.1 and the Code. Medical care on board ship and ashore. Noting the Government’s indication that the Ministry of Health had drafted implementing legislation, the Committee requested the Government to submit its implementing legislation once it had been approved. The Committee notes that the Government did not provide an answer to its request. The Committee accordingly requests the Government to adopt without delay the necessary measures to implement Regulation 4.1, which is of critical importance to ensure decent working conditions for seafarers and to submit any applicable legislation which has been adopted.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee requested the Government to indicate how it ensured that shipowners of ships that fly its flag take measures for safeguarding property left on board by sick, injured or deceased seafarers (Standard A4.2, paragraph 7). The Committee notes the Government’s reference to articles 25 and 58–70 of the Merchant Shipping Code. While noting that article 70 of the Code contains provisions related to the measures to be taken for safeguarding property left on board by a deceased seafarer and for transferring it to the captain of the first port of the Russian Federation in which the vessel enters, the Committee fails to identify provisions with regard to the property left on board by sick or injured seafarers. Recalling that Standard A4.2, paragraph 7, also encompasses the situation of sick or injured seafarers, the Committee requests the Government to indicate the measures taken to ensure full compliance with this provision of the Convention, including how it ensures that the property of deceased seafarer is returned to their next of kin.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. In this regard, the Committee takes note of paragraph 8(10) of the Order of 20 January 2015 N 23n, which establishes an obligation for the employer to insure wages and other amounts due to the employee, including repatriation costs as well as the life and health of the worker in the performance of his work. The Committee notes the observations of the Russian Confederation of Labour which state that while the Federal Law on Compulsory employee insurance against industrial accidents and occupational diseases provides for an entire range of insurance protection, it does not contain the kind of compulsory social insurance required under the MLC, 2006. The Committee requests the Government to provide its comments in this respect. The Committee brings the Government’s attention to the following questions which are included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while the situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (If yes, please specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee noted the Government’s indication that the Order on the Approval of the Regulations on Occupational Safety in Vessels of the Maritime and River Fleet (Order No. 367n of 5 June 2014) was in the process of been adopted. The Committee welcomes the Government’s indication that the above-mentioned Regulations entered into force on 2 June 2015. As the text is only available in Russian, the Committee requests the Government to indicate the provisions which are relevant for the implementation of Regulation 4.3.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes the Government’s reference to article 218 of the Labour Code, which provides that at the initiative of the employer and/or at the initiative of employees or their representative body, labour protection committees (commissions) are created. The Committee notes that this article leaves room for the establishment of a safety committee at the initiative of the employer and/or the employees while Standard A4.3, paragraph 2(d), establishes an obligation in this respect for ships on which there are five or more seafarers. The Committee accordingly requests the Government to indicate the measures taken to ensure full compliance with this provision of the Convention.

Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. The Committee notes the observations of the Russian Confederation of Labour stating that the Ministry of Labour Order No. 458 of 11 September 2013 on “Implementation of the provisions of the 2006 Maritime Labour Convention relating to the gathering and assessment of data on occupational accidents and diseases involving seafarers” does not implement Standard A4.3, paragraphs 5, 7 and 8. This Standard requires that the competent authority must not only ensure full reporting and recording of occupational accidents and diseases involving seafarers, but also analyse them and conduct research to identify general trends and examine hazards that come to light in order to develop preventive measures. The Committee requests the Government to provide its comments in this respect. The Committee recalls that pursuant to Standard A4.3, paragraph 8, the competent authority shall require that shipowners conducting risk evaluation in relation to management of occupational safety and health refer to appropriate statistical information from their ships and from general statistics provided by the competent authority. The Committee requests the Government to indicate the measures taken to implement this provision of the Convention.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee requested the Government to provide information on the manner in which the national legislation ensures that all seafarers ordinarily resident in the Russian Federation (and not only Russian nationals) who work on board ships flying the flag of another country are provided with social security protection for the branches of social security specified by the Russian Federation upon ratification of the Convention. Noting that the Government provides no information on this point, the Committee reiterates its previous request. The Committee further notes that the Russian Confederation of Labour states that social security guarantees in the Convention concerning seafarers resident in the Russian Federation must also be applied to Russian citizens working on foreign vessels and to foreign seafarers resident in Russia who are recruited to work on Russian-flagged vessels. Russian Federation legislation makes no provision for seafarers who are Russian citizens and work on board ships flying a foreign flag to receive benefits in the event of sickness or industrial injury. Foreign seafarers recruited for work on a Russian-flagged vessel and who are resident in Russia are assured almost all the benefits provided for in the MLC, 2006, the exception being unemployment benefit, since social protection for unemployment is granted only to Russian citizens. The Committee requests the Government to provide its comments in this regard.

Regulation 4.5 and Standard A4.5. Social security. Non-resident seafarers. The Committee requested the Government to confirm that seafarers working on board Russian-flagged ships but not resident in the Russian Federation would, in accordance with paragraphs 1 and 2 of section 5 of Federal Act No. 125-FZ, be covered against employment injuries occurring in the course of their employment. The Committee notes the Government’s answer indicating that, under the above-mentioned provisions, all foreign nationals and stateless persons working under employment contracts, irrespective of status, are entitled to compulsory social insurance for occupational accidents and diseases, unless otherwise specified by federal laws or international agreements of the Russian Federation. The Committee takes note of this information.

Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8. Social security. Bilateral or multilateral agreements. The Committee requests the Government to indicate any bilateral or multilateral agreements in which the Russian Federation participates regarding the provision of social security protection, including the maintenance of rights acquired or in the course of acquisition (Regulation 4.5, paragraph 2; Standard A4.5, paragraphs 3, 4 and 8).

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee requests the Government to indicate the measures taken to establish fair and effective procedures for the settlement of disputes relating to social security for seafarers (Standard A4.5, paragraph 9).

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the observations made by the Russian Confederation of Labour stating that the Government, in the past, failed to decide on the matter of establishing the legal liability of Russian shipowners that evade Russian Federation legal jurisdiction, a factor which undermines implementation of the Convention requirement to effectively exercise its jurisdiction and control over Russian maritime vessels (Article V, paragraph 2). The Committee requests the Government to provide its comments in this regard.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3 and 17. Flag State responsibilities. Inspection and enforcement. Independence of inspectors. The Committee requested the Government to summarize the measures adopted to guarantee that inspectors have a status and conditions of service ensuring that they are independent of changes of government and of improper external influences as well as to indicate the manner in which those measures are enforced (Standard A5.1.4, paragraphs 3, 6, 11(a) and 17). The Committee notes the Government’s statement in this regard that the inspector is subordinate to the port captain, who is responsible for the safety of port navigation. While noting this, the Committee requests the Government to provide further information on the measures taken to implement these requirements of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 7. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. Noting that it was not clear whether Russian inspectors are empowered to detain ships for deficiencies related the MLC, 2006, the Committee requested the Government to provide detailed information on the measures taken to implement the requirements of Standard A5.1.4, paragraph 7. The Committee notes that the Government did not provide an answer to its request. The Committee recalls that Standard A5.1.4, paragraph 7(c), provides that inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of this Convention (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken. The Committee requests the Government once again to indicate the measures taken to give effect to this provision of the Convention.

Regulation 5.1.4 and Standard A5.1.4, paragraph 11. Flag State responsibilities. Inspection and enforcement. Authority and impartiality. The Committee requested the Government to summarize the procedures for receiving and investigating complaints, and ensuring that their source is kept confidential (Standard A5.1.4, paragraphs 5, 10 and 11(b); see guidance in Guideline B5.1.4, paragraph 3). The Committee notes the Government’s answer indicating that complaints may be received by the port captain’s offices by email, fax and telephone. When inspecting a vessel, the inspector does not inform the master of the ship who was the author of the complaint. The Committee takes note of this information.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee requested the Government to describe the arrangements made to ensure that inspectors submit a report of each inspection to the competent authority, that a copy is furnished to the master and another posted on the ship’s notice board (Standard A5.1.4, paragraph 12). The Committee notes the Government’s reply indicating that inspections of compliance with MLC, 2006 requirements are conducted at the same time as the standard port State control inspections; one copy of the report is given to the master of the ship, the other is kept at the port captain’s offices. The report is also entered into an electronic system on ship inspections that can be consulted by the Federal Maritime and River Transport Agency and the Ministry of Transport. While noting this information, the Committee requests the Government to describe the arrangements made to ensure that a copy of the report is posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives (Standard A5.1.4, paragraph 12).

Regulation 5.1.5 and Standard A5.1.5, paragraph 2. Flag State responsibilities. On-board complaint procedures. The Committee notes with interest the adoption of Order No. 19 of 18 January 2017 on Approving the On-Board Procedures for Examining Seafarers’ Complaints. The Committee further notes paragraph 4 of Order No. 19, stating that “in addition to the copy of the seafarers’ employment contract, all seafarers receive a copy of the complaint procedures on board the ship”. The Committee requests the Government to provide a sample copy of the on-board complaint procedures.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the Government’s reference to the Russian Ministry of Transport Order No. 39 of 17 February 2014 on Approving the Regulations on the Sea Port Captain. It also notes the Government’s indication that the draft Order of the Russian Ministry of Transport on Approving the Procedures for Port State Control and the Centralized Recording of its Results is under preparation. The Committee requests the Government to provide information on the adoption of the draft Order and to submit its text once adopted.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes with interest the Russian Ministry of Transport Order No. 18 of 18 January 2017 on Approving the Onshore Procedures for Examining Seafarers’ Complaints. The Committee notes that paragraph 20(1), provides that the competent authority refuses consideration of the complaint if the complaint lacks the information required by paragraph 6 of the same Order. The Committee accordingly requests the Government to indicate how it ensures that seafarers have easy access to the requirements related to the content of a complaint.

Additional documentation requested. The Committee requests the Government to provide the following documents and information: (a) an example of the DMLC, Part II, filled in by a shipowner; (b) an example of the approved document for seafarers’ record of employment in English (Standard A2.1, paragraphs 1 and 3); (c) the relevant portion of any applicable collective bargaining agreement in English (Standard A2.1, paragraph 2(b)); (d) an example of a document (e.g. Part II of the DMLC) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); (e) a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); (f) a copy of the annual reports on inspection activities, in English, French or Spanish, that have been issued in accordance with Standard A5.1.4, paragraph 13; and (g) a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12).