Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee takes note of the information sent by the Government in response to its previous comments on repatriation at the expense of the seafarer. It wishes to draw the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. Repatriation of seafarers during the term or on expiry of their engagement. According to the first paragraph of section 57 of the Seafarers’ Act, when a seafarer’s contract is terminated, the shipowner shall organize the repatriation of the seafarer. The Committee recalls that under the Convention all seafarers who are landed are entitled to be taken back to one of the destinations provided for in the Convention, not only upon termination of the contract but also in the course of it, and regardless as to whether the repatriation expenses are borne by the shipowner or by the seafarer. It again asks the Government to take the necessary steps to bring the legislation into line with this provision.

Article 3, paragraph 3. Place of repatriation determined by collective agreement. Section 57(1) of the Seafarers’ Act indicates that the seafarer may be repatriated, inter alia, at a place determined by collective agreement. In its previous comments, the Committee asked the Government to indicate the manner in which the authorities ensure that the ports referred to in the collective agreement as repatriation ports fall under one of the four categories listed in the Convention. Since the report contains no reply, the Committee again asks the Government to provide information on this matter. Please also send copies of any collective agreements in force.

Article 6. Public authority responsible for supervising the repatriation of seafarers. The Government had indicated in its previous report that the labour inspectorate is responsible under the Seafarers’ Act. The Committee had asked the Government to state whether this public authority is required to supervise, both in Estonia and abroad, the repatriation of all seafarers, whether nationals or foreigners, in the instances covered by the Convention, specifying whether the authority in question has a duty, for giving seafarers their expenses in advance, where necessary. The Committee notes that once again the Government’s report contains no information on this point. Accordingly, it again asks the Government to send the information requested in its next report.

Part V of the report form. Application in practice. The Committee again asks the Government in its next report to provide general information on the manner in which the Convention is applied, including, for example, information on the number of seafarers repatriated during the reporting period, the number and nature of contraventions reported, etc.