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

Repatriation of Seamen Convention, 1926 (No. 23) - Estonia (Ratification: 1928)

The Committee notes the Government's report for the period ending 31 May 1997. It requests the Government to provide information on the following points:

Article 3, paragraph 1, of the Convention. The Committee notes that while this provision of the Convention does not limit the duty of the shipowner to repatriate a seafarer in case of termination of the employment on the initiative of the shipowner, article 61 of the Merchant Shipping Code actually establishes such limitation. The Committee hopes that the Government will take all necessary action in order to put the national legislation in conformity with this provision of the Convention.

Article 3, paragraph 2. Please indicate whether national legislation gives effect to this provision.

Article 3, paragraph 3. Please indicate how the Government ensures that the ports indicated in the collective agreement fall under one of the four categories, listed in this provision of the Convention, where the duty of repatriation is deemed to have been performed.

Article 4. Please indicate the specific provisions of the national legislation ensuring that the expenses of repatriation shall not be a charge on the seafarer if he has been left behind for the reasons listed in Article 4.

Article 5, paragraph 1. The Committee asks the Government to indicate what provisions of the national legislation define the scope of the term "maintenance" and whether it specifically includes the accommodation and the food of the seaman during the repatriation journey.

Article 5, paragraph 2. Please indicate what provisions of the national legislation give effect to this provision of the Convention.

Article 6. The Committee asks the Government to indicate the public authority in Estonia and abroad that is responsible for seeing to the repatriation of seamen, both national and foreign, in the cases covered by the Convention, and whether these authorities have instructions to advance, where necessary, the expenses of repatriation to both national and foreign seamen.

Part VI of the report form. Please indicate the names of the representative organizations of employers and workers to which copies of the report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.