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

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the adoption of the Seafarers Act of 8 February 2001. It wishes however to bring the Government’s attention to the following points.

Article 3, paragraph 1, of the Convention. Seaman’s repatriation during the term of his engagement or on its expiration. According to the first paragraph of section 57 of the Seafarers Act, when a seafarer’s contract is terminated, the shipowner shall organize his repatriation. The Committee recalls that under the Convention all seafarers are entitled to be repatriated, whether during the term or on the expiration of the contract. It requests the Government to take measures to bring the legislation into conformity with this provision of the Convention.

Article 3, paragraph 3. Place of repatriation determined in a collective agreement. Section 57(1) of the Seafarers Act indicates that the seafarer shall be repatriated, according to the request, to Estonian territory, their country of residence, the port of departure of the vessel, the place where the contract was concluded, the place agreed on upon entry into service or the place determined in a collective agreement. In its previous comments the Committee requested the Government to indicate the methods by 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 agreement. The Government’s report does not include any response. The Committee once again requests the Government to provide information on this point.

Article 4. Repatriation expenses payable by the seaman. According to section 57(2) of the Seafarers Act, the shipowner must bear the cost of food and accommodation, as well as that of the transportation of the luggage of the repatriated crew member, up to 20 kilos, from the moment that the latter leaves the vessel until he arrives at his destination. Section 57(5), however, provides that, should the contract be terminated due to an illness or injury concealed by the crew member upon entry into service or loss of confidence in the crew member, the shipowner can claim compensation for the costs borne under section 57(2), as well as for the costs borne for bringing in a replacement. The Committee requests the Government to indicate what exactly is meant by "loss of confidence in the crew member" and in particular whether, in order to be accepted as a motive giving entitlement to compensation, the loss of confidence in the seafarer must derive from a fault on the part of the latter or, on the contrary, need have no motive whatsoever.

Article 6. Public authority responsible for supervising the repatriation of seamen. In its previous comments, the Committee requested the Government to indicate the public authority in Estonia and abroad that is responsible for ensuring the repatriation of seafarers, 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 seafarers. The Government’s report does not contain any information on this point. Consequently, the Committee requests the Government to transmit, in its next report, the information requested.

Part V of the report form. The Committee requests to the Government to provide, in its next report, general indications on the manner in which the Convention is applied, including, for instance, information on the number of seafarers repatriated during the course of the year covered by the report, the number and nature of contraventions reported, etc.

The Committee recalls that the Governing Body of the International Labour Office has invited the States parties to Convention No. 23 to consider ratifying the Repatriation of Seafarers Convention (Revised) 1987 (No. 166), which shall ipso jure involve the immediate denunciation of Convention No. 23 (see paragraph 12 of document GB.280/LILS/WP/PRS/1/2 of March 2001). The Committee requests the Government to provide in its next report information on any consultations carried out, if need be, on this point.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report. It notes the Government’s indication that the repatriation of seamen will be regulated more precisely in a new maritime act which is currently under preparation and will be submitted to Parliament in the near future. The Committee requests the Government to provide a copy of the new act when adopted. It also asks the Government to provide a copy of the published text of the amendment to article 61 of the Maritime Code as referred to in the report.

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

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.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's very brief report. It requests the Government to provide full information on each of the provisions of the Convention and replies to each question in the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's very brief report. It requests the Government to provide full information on each of the provisions of the Convention and replies to each question in the report form adopted by the Governing Body.

[The Government is asked to report in detail in 1996.]