Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 147) sur la marine marchande (normes minima), 1976 - Azerbaïdjan (Ratification: 1992)

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

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

Article 1, paragraph 4(a). Please indicate whether all oil rigs and drilling platforms or only certain types are considered as "vessels" under the legislation of Azerbaijan and whether the provisions of the Convention are applicable to them.

Article 2(a). (Conventions listed in the Appendix to Convention No. 147, but not ratified by Azerbaijan). 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 Azerbaijan that every seaman is given a document containing a record of his employment on board the vessel (Article 5, paragraph 1); (ii) that such document does not contain any statements as to the quality of the seaman's work or as to his wages (Article 5, paragraph 2); (iii) whether there is a standard form of labour agreement (Article 6, paragraphs 2 and 3); (iv) that an entry made in the document issued to the seaman in accordance with Article 5 and the list of crew in case of the termination or rescission of the agreement states merely the fact that the seaman had been discharged and not the grounds for such discharge (Article 14, paragraph 1); and (v) that the seaman at all times has the right, in addition to the record mentioned in Article 5 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).

-- 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 in Article 3, paragraph 2. 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.

The Committee also requests the Government to indicate: (i) the minimum age which has to be attained, and the minimum period of professional experience which has to be completed by candidates for each grade of competency certificate, prescribed by national laws or regulations (Article 4, paragraph 2, of Convention No. 53); (ii) whether at the present time there exist any special regulations in respect of standards of hours of work of seafarers; and (iii) what are the requirements for the minimum composition of the crew, allowing the vessel to go to sea.

In order to allow the Committee to assess the substantial equivalence of the social security measures with the provisions of Conventions Nos. 55, 56 and 130, respectively, the Committee requests the Government to provide the following information:

1. As concerns Convention No. 55: (i) whether the legislation gives effect to Article 2, paragraph 1, Article 3, Article 4, paragraph 1, Article 7, paragraph 1, and, if so, which are the corresponding provisions of the legislation; (ii) whether the fact that the victim receives social insurance allowances or disability pension releases the employer from liability to compensate damage to the victim's health (Article 4, paragraph 3).

2. As concerns Convention No. 56: whether under the legislation: (i) the insured person is entitled free of charge, as from the commencement of his illness and at least until the period prescribed for the grant of the sickness benefit expires, to medical treatment by a fully qualified medical practitioner and to the supply of proper and sufficient medicines and appliances (Article 3, paragraph 1); (ii) the insured person may be required to pay part of the cost of medical benefit (Article 3, paragraph 2); (iii) whenever the circumstances so require, the insurance institution provides for the treatment of the sick person in a hospital and in such case grants him full maintenance together with the necessary medical attention and care (Article 3, paragraph 4); (iv) the insured person who is abroad and by reason of sickness has lost his right to wages, whether previously payable in whole or in part, the cash benefit to which he would have been entitled had he not been abroad shall be paid in whole or in part to his family until his return to the territory of Azerbaijan (Article 4, paragraph 1); (v) the insured persons and their employers shall share in providing the financial resources of the sickness insurance scheme (Article 8, paragraph 1); (vi) sickness insurance is administered by self-governing institution which is under the administrative and financial supervision of the public authorities and is not carried on with a view to profit (Article 9, paragraph 1); (vii) the insured person has a right of appeal in case of dispute concerning his right to benefit (Article 10, paragraph 1). The Committee requests the Government to indicate the corresponding provisions of the legislation which would be applicable in each case.

3. As concerns Convention No. 130: whether under the legislation: (i) the contingencies covered under the system of mandatory medical insurance include the need for medical care of a curative nature and, under prescribed conditions, need for medical care of a preventive nature (Article 7(a)); (ii) effect is given to Articles 8; 9; 12; 13; 16, paragraph 1; 17; 27, paragraph 1; and 29, paragraph 1, and, if so, indicate the respective provisions of the legislation; (iii) the claimant has a right of appeal in the case of refusal of the benefit or complaint as to its quality or quantity (Article 29, paragraph 1). Please indicate the corresponding provisions of the legislation which would be applicable in each case.

The Committee requests the Government to indicate which of these three Conventions the Government intends to apply for the purposes of substantial equivalence.

Article 2(b). Please indicate how jurisdiction or control over the ships which are registered in the territory of Azerbaijan is exercised in respect of: (i) social security measures prescribed by national laws or regulations; (ii) shipboard conditions of employment and shipboard living arrangements prescribed by national laws or regulations, or laid down by competent courts in a manner equally binding on the shipowners and seafarers concerned; (iii) how cooperation is organized between different inspection services. Please provide the particulars of the functioning of various inspection services, such as size of inspection staff; numbers and results of inspections and investigations of complaints; penalties imposed.

Article 2(c). The Committee requests the Government to indicate which specific measures for the effective control of other shipboard conditions of employment and living arrangements, where the Government has no effective jurisdiction, have been agreed between shipowners or their organizations and seafarers' organizations constituted in accordance with the substantive provisions of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 2(d)(ii). Please describe the procedure for examination of complaints made in connection with the engagement in the territory of Azerbaijan of seafarers of Azerbaijan on ships registered in a foreign country.

Article 2(e). Please indicate measures that have been undertaken or envisaged in order to give due regard to the Vocational Training (Seafarers) Recommendation, 1970 (No. 137).

Article 2(f). The Committee asks the Government to describe the procedure of verification of compliance of ships registered in the territory of Azerbaijan with applicable international labour Conventions, with the laws and regulations required by subparagraph (a) of Article 2 of the Convention and, as may be appropriate under national law, with applicable collective agreements.

Article 2(g). Please describe the procedure for investigation of cases of serious maritime casualties and indicate whether the final reports of such inquiries shall be made public.

Article 3. The Committee asks the Government to indicate whether Azerbaijan advises its nationals on the possible problems of signing on a ship registered in a State which has not ratified the Convention.

Article 4. Please indicate: (i) whether the national legislation gives effect to Article 4, paragraph 1, of the Convention; (ii) the number and nature of cases considered and the nature of any action taken; and (iii) the procedure for notifying the maritime, consular or diplomatic representative of the flag State of a vessel that does not conform to the standards of this Convention.

Part IV of the report form. Please provide a general appreciation of the manner in which the Convention is applied.

Part V of the report form. Please indicate whether copies of the report have been communicated to the representative organizations of employers and whether any observations of employers or workers regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention have been received.

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

-- texts of laws and regulations governing the provision of medical care to citizens of Azerbaijan and to foreigners;

-- texts of laws and regulations governing mandatory medical insurance of citizens of Azerbaijan and foreigners;

-- the latest version of the Labour Code of Azerbaijan;

-- laws of Azerbaijan on protection of labour;

-- Law No. 854 of Azerbaijan "on leaves", dated 19 July 1994;

-- Law No. 82-G of Azerbaijan "on personal labour contracts (agreements)", dated 21 May 1996;

-- fundamental principles of provision of social insurance allowances, approved by resolution No. 191 of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions, dated 23 February 1984;

-- Rules on compensation by the enterprises, organizations and institutions of damage caused to employees in the process of performance of labour duties or to families who lost their breadwinner, approved by resolution No. 648 of the Cabinet of Ministers of Azerbaijan, dated 7 December 1992;

-- Regulations on the investigation and registration of accidents in the workplace, approved by resolution No. 157 of the Cabinet of Ministers of Azerbaijan, dated 23 March 1993;

-- Order No. 1145 of the Ministry of Health of the USSR "on the conduct of preliminary medical examinations at the moment of hiring and periodical medical examinations of the navigating personnel of vessels of the maritime and fishing fleet, and persons entering into educational institutions to prepare a maritime specialization", dated 6 November 1981;

-- Rules for the Classification and Construction of Seagoing Vessels of the Register of the USSR (1990);

-- the text of the most recent collective agreement between the administration of the Caspian Sea Shipping Company and the Seamen's Trade Union Committee.

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