Maritime Labour Convention, 2006 (MLC, 2006) - Russian Federation (Ratification: 2012)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006) as well as the observations of the Trade Unions Federation of Workers of Maritime Transport (FPRMT), communicated with the Government’s report. It also notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2018 and 2022 entered into force for the Russian Federation on 26 December 2020 and 23 December 2024, respectively. In relation to the 2022 amendments, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope of application. Seafarers. The Committee notes the Government’s indication that Article 52 of the Merchant Shipping Code (MSC) defines the crew of a ship and that the Regulations on certification of crew members of maritime vessels (Order No. 378 of the Ministry of Transport of 8 November 2021) provide that catering and hotel staff on ships are part of the ship’s crew. The Committee also notes that the FPRMT in its observations confirms that the ship’s crew also consists of persons who are not part of the vessel’s command staff. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes the Government’s reply to its previous comment that, in addition to article 96 of the Labour Code, the Ministry of Transport of the Russian Federation ensures compliance with the requirements of the Convention in accordance with Resolution of the Government No. 996 of 6 November 2013 on Measures to Ensure the Fulfilment of the Obligations arising from the Maritime Labour Convention, 2006. In the absence of a concrete provision giving effect to the requirement that “night” cover a period of at least nine hours, the Committee requests the Government to adopt the necessary measures to give effect to Standard A1.1, paragraph 2.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that the explanatory notes, which form part of the Resolution No. 163 of 25 February 2000 “On the Confirmation of the List of Heavy Work and Work with Harmful or Hazardous Working Conditions for Which it is Prohibited to Employ Workers Under 18 Years of Age”, indicate that certain exceptions may be made for training activities for up to four hours a day with regard to the hazardous work activities for which seafarers under the age of 18 years are prohibited to work. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A1.1, paragraph 4, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction, and to provide information on the progress made in this regard.

Regulation 1.2 and the Code. Medical Certificate. The Committee notes the Government’s reply to its previous comment, that Order No. 714n of 1 November 2022 of the Ministry of Health, which establishes procedures for conducting medical examinations and issuing medical certificates for work on ships, has been adopted. The Committee notes that the Order provides detailed provisions on the scope and conduct of medical examinations by medical organizations licensed to carry out medical activities, including in ophthalmology. However, the Committee notes that the standard wording in medical certificates does not comply with the requirements of Standard A1.2,paragraph 4. It also notes that the Order does not address the following requirements: (i) the provisions applicable to persons authorized to issue medical certificates and certificates solely concerning eyesight, and the provision that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) seafarers who have been refused a certificate or have had a limitation imposed on their ability to work are given the opportunity to have a further examination by another independent medical practitioner or by an independent medical referee (Standard A1.2, paragraph 5); (iii) the medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English (Standard A1.2, paragraph 10). The Committee requests the Government to adopt the necessary measures to give effect to these provisions of the Convention. The Committee further notes that the Government has not provided a reply to the observations made by FPRMT, alleging that Order No. 714n of 1 November 2022, including the form of the medical certificate, does not take into account the requirements of Standard A1.2, paragraph 3, and of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW). According to FPRMT, the Order does not establish clear criteria for the selection of medical experts or establishments authorized to conduct such examinations, nor does it define the procedure for creating or using a list of medical institutions authorized to conduct medical examinations, as required under Standard A1.2, paragraph 4. FPRMT also alleges that the issue of medical examinations for cadets who are sent to ships to undergo practical training at sea, who should be subject to more stringent fitness standards than those for serving seafarers, has not been resolved. The Committee requests the Government to provide its comments in this regard.

Regulation 1.3, paragraph 2. Training and qualifications. Personal safety on board ship. The Committee notes the Government’s indication, in reply to its previous comment, that the training and qualification of seafarers is currently carried out in accordance with the Regulations on Certification of Crew Members of Maritime Vessels, approved by Order No. 378 of 8 November 2021. It notes that paragraph 11 of these Regulations requires all crew members, regardless of position, to hold certificates of completion of training at a Training Centre in accordance with Rule VI/1, paragraph 1 or 4 of Rule VI/6, or paragraph 1.2 of Rule VI/5 of the STCW Convention, but does not apply to crew members serving on ships that are not subject to the provisions of chapter XI-2 of the International Convention for the Safety of Life at Sea, 1974, as amended (SOLAS). The Committee recalls that the scope of application of the MLC, 2006, is wider than that of chapter XI-2 of SOLAS. The Committee therefore requests the Government to indicate how it gives effect to this requirement with regard to all seafarers working on board all ships covered by the Convention.

Regulation 1.4 and the Code. Recruitment and placement. In reply to the Committee’s previous comment, the Government refers to various legislative and regulatory instruments governing the recruitment of seafarers and indicates that the Russian Federation is currently transitioning from monitoring the activities of organizations engaged in the employment of seafarers on foreign vessels in the form of licensing, to a notification procedure. The Committee notes that Federal Act No. 324-FZ of 8 August 2024 has been adopted and entered into force on 1 March 2025. This Act abolishes the licensing requirement for the employment of Russian citizens abroad and introduces instead a notification procedure for activities relating to the recruitment and placement of Russian seafarers for work on vessels flying a foreign flag. The Committee also notes the FPRMT’s observations that for employment activities on ships flying the national flag, a lower level of requirements has been established. This is implemented through Orders No. 168 of Rostrud (11 June 2010); maintenance of a register of employment contracts concluded through the mediation of organizations for the recruitment and employment of seafarers in accordance with Order of Rostrud and No. 962n of the Ministry of Health and Social Development (8 December 2009) continues to be regulated separately through Orders No. 168 of Rostrud (11 June 2010) and No. 962n of the Ministry of Health and Social Development (8 December 2009). According to the FPRMT, this second system lacks requirements governing the operation of private recruitment and placement services, monitoring mechanisms, and complaint procedures required by Standard A1.4, paragraphs 6 to 9. The Committee therefore requests the Government to indicate the measures taken to give effect Standard 1.4, paragraphs 6 to 9 of the Convention for all seafarers regardless of the flag of the vessel on which they are employed.

Regulation 2.1 and Standard A2.1, paragraph 1(c). Seafarers’ employment agreements. Signed original. In reply to the Committee’s previous comment, the Government indicates that, in accordance with article 67 of the Labour Code, employment contracts must be signed by both parties and issued in duplicate, with one copy provided to the employee. Federal Act No. 28-FZ of 26 February 2024 on Amendments to Certain Legislative Acts of the Russian Federation (hereinafter, “Federal Act No. 28-FZ”) added paragraph 3 to article 60 of the Merchant Shipping Code establishing that the shipowner is entitled under a ship management agreement to entrust the technical management of the ship to a technical manager, exercising the rights and fulfilling the duties of the shipowner, in which case the technical manager, as the shipowner’s representative, shall sign the employment contract. The Government further refers to the model employment contract approved by Order No. 23n of 20 January 2015, which is used for employment in crews of ships and mixed (river-sea) vessels flying the national flag of the Russian Federation, and is to be signed in two original copies by the seafarer and the shipowner or its representative, each keeping an original copy. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and Standard A2.1, paragraph 1(d). Seafarers’ employment agreements. Copy available on board. Noting the absence of information in the Government’s report in this regard, the Committee reiterates its previous request to the Government, to indicate the measures taken to ensure that a copy of the seafarers’ employment agreement is accessible for review by officers of the competent authority, including those in ports to be visited, in accordance with Standard A2.1, paragraph 1(d).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. The Committee notes the Government’s indication, in reply to its previous comment, that any entry in the work record book (articles 66 and 66.1 of the Labour Code) on the basis and reason for termination of employment must be made in strict accordance with the wording of the Labour Code with a reference to the relevant article, or part or paragraph thereof (article 84.1(5) of the Labour Code). The Committee also notes that article 84.1 of the Labour Code provides that an entry shall be made in the work record book concerning the ground and reason for the termination of the labour contract, and that such reasons may include, among others, the repeated failure by an employee to perform his work duties without justifiable reasons, a gross violation by an employee of his work duties or absenteeism (article 81(5) and (6) of the Labour Code). Noting that articles 66 and 84.1 of the Labour Code are general provisions which do not take into account the specific requirements of Standard A2.1, paragraph 3, of the Convention, the Committee requests the Government to adopt the necessary measures to ensure that the document containing the record of a seafarer’s employment on board shall not contain any statement as to the quality of the seafarer’s work as required by Standard A2.1, paragraph 3. It further requests the Government to provide an example (in English) of the approved document for the seafarers’ record of employment.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. In reply to the Committee’s previous comment, the Government indicates that an employee’s notice period depends on the reason for dismissal. When resigning of their own volition, seafarers have to notify the employer no later than two weeks in advance, unless another period is established by the Labour Code or other federal law; employees must be notified at least two months in advance in cases of dismissal due to staff reductions or liquidation. The Committee takes note of this information.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Termination. Shorter notice period for urgent reasons. The Committee notes the FPRMT’s observations that Russian legislation does not explicitly provide for the seafarer’s right to terminate an employment agreement at shorter notice or without notice for family or other urgent reasons. The Committee also notes the Government’s reply to those observations that, under Article 57(1) of the MSC and the Labour Code, the minimum notice periods for early termination of employment are determined by consultation with seafarers’ and shipowners’ organizations but shall not be shorter than seven days. The Committee notes, however, that these texts do not foresee the possibility for a seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons in conformity with Standard A2.1, paragraph 6. The Committee accordingly requests the Government to take the necessary measures to give effect to this requirement of the Convention.

Regulation 2.2 and Standard A2.2, Paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes, in reply to its previous comment, the Government’s reference to article 136 of the Labour Code, which stipulates that wages must be paid directly to the employee, except where another method is provided for by federal law or the employment contract. The Government further indicates that, according to paragraph 13 of Section IV of the model employment agreement approved by Order No. 23n of 20 January 2015, and paragraph 4.4 of Section 4 of the Federal Industry Agreement on Maritime Transport for 2024–27, if the seafarer has submitted an application to transfer wages or a portion thereof to another individual, the employer transfers the wages or a portion thereof to the specified bank account under the terms specified in the collective agreement, local regulations, or employment contract. The Committee notes, however, that the Government has not provided information as to how it ensures that any charge for the service of allotments shall be reasonable in amount and the rate of currency exchange, unless otherwise provided, shall be, in accordance with national laws or regulations, at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). The Committee requests the Government to adopt the necessary measures to ensure give full effect to Standard A2.2, paragraphs 4 and 5.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes the Government’s indication, in reply to its previous request, that the procedure for maintaining records on working hours and rest hours is determined by internal labour regulations. The Committee also notes that paragraphs 18 and 30 of the Regulations on the specifics of working hours and rest hours for crew members of maritime and mixed (river-sea) vessels, approved by Order No. 268 of 20 September 2016, provides that the master of the vessel or, on his behalf, an authorized person shall keep records of the working hours actually worked by each Member of the vessel’s crew and issue the relevant copies of the records, certified by the master or a person authorized by him, and signed by the crew member; on ships engaged in international voyages, working hours are recorded in two languages (Russian and English). Recalling that Standard A2.3, paragraph 12, requires that records of seafarers’ daily hours of work or hours of rest be maintained in a standardized format established by the competent authority, the Committee requests the Government to provide a copy of the standard form in use on board Russian-flagged vessels.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Method of calculation. The Committee notes that, in reply to its previous comment, the Government indicates that, while article 115 of the Labour Code establishes a general entitlement to annual basic paid leave of 28 calendar days, article 329 allows for the regulation of specific working conditions for certain categories of workers, including seafarers. The Government indicates that these provisions, together with paragraph 26 of Order No. 268 of 20 September 2016, provide for the calculation of annual leave for seafarers at a rate of no less than 2.5 calendar days per month of work, and additional legislation is not required. The Committee also notes the FPRMT’s observations that, under current legislation, annual basic paid leave is limited to 28 calendar days since, while paragraph 26 of Regulation No. 268 sets the calculation at 2.5 calendar days per month, this provision alone does not constitute a statutory entitlement because article 115(2) of the Labour Code requires additional paid basic leave to be established by primary legislation. The Committee requests the Government to adopt the necessary measures to ensure that the 2.5 calendar days per month are guaranteed in practice to all seafarers giving full application to Standard A2.4, paragraph 2, of the Convention both in law and in practice.

Regulation 2.4 and Standard A2.4, paragraph 3. Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Possible exceptions to the prohibition to forgo paid annual leave. Maximum period of service on board. The Committee notes the Government’s indication in reply to its previous comment, that the obligation to provide annual paid leave is enshrined in article 122 of the Labour Code, which does not provide for the admissibility of refusing leave; the right to transfer or extend leave is determined by article 124 of the Labour Code. The Committee notes however that the possibility set out under article 126 of the Labour Code of replacing a portion of the annual paid leave exceeding 28 calendar days by monetary compensation, upon written application of the employee, is not in conformity with the Convention. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to adopt the necessary measures to give full effect to Standard A2.4, paragraph 3.

The Committee also notes that article 124 of the Labour Code provides that, in exceptional cases where granting leave to an employee in the current working year could adversely affect the normal operations of an organization or individual entrepreneur, the leave may be transferred to the following working year with the employee’s consent, unless otherwise provided by in that Code. In such cases, the leave must be used no later than 12 months after the end of the working year for which it is granted. The Committee recalls that from the combined reading of Standard A2.4, paragraphs 2 and 3 on annual leave and Standard A2.5.1, paragraph 2(b), the maximum continuous period of shipboard service without leave is in principle 11 months. The Committee accordingly requests the Government to indicate how it ensures, in all cases compliance with the maximum period of service on board established by the Convention.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes the Government’s indication that the Procedure for the repatriation from the territory of a foreign State of seafarers working on vessels flying the state flag of the Russian Federation, as well as seafarers who are citizens of the Russian Federation who are crew members of ships flying a foreign flag, approved by Order of the Russian Ministry of Foreign Affairs No. 1692 of 16 February 2016, applies to situations where it is not possible to carry out repatriation at the expense of the shipowner or of the competent authority of the State party to the MLC, 2006, including in cases where the seafarer’s employment agreement is terminated by the seafarer for justified reasons. The Government reports that, in the period 2018–23, two seafarers exercised this right in 2020 in the People’s Republic of China, with total consular costs of US$38,703.58. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that Section 58 of the Merchant Shipping Code does not specify a maximum period of service on board, following which a seafarer is entitled to repatriation, such period to be less than 12 months. The Committee accordingly requests the Government to indicate how it gives effect to Standard A2.5.1, paragraph 2(b), of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Noting that the Government does not provide any relevant information in reply to its previous comment, the Committee notes that Article 60(2) of the Merchant Shipping Code 2 provides that the shipowner is bound to insure wages and other sums due to the vessel’s crew members, including the repatriation expenses; life and health of the vessel’s crew members in the discharge of their duties. The Committee also notes the FPRMT’s observations that the relevant national legislation still needs to be amended to identify the competent authority and establish a form of financial security system meeting the requirements of Standard A2.5.2. The FPRMT alleges that, as a result, a voluntary practice has emerged on the basis of article 60(2) of the Merchant Shipping Code, as well as article 249(1) of the MSC, which classifies these amounts, including repatriation costs, as marine insurance. The Committee requests the Government to indicate the measures taken to ensure that the detailed requirements of Standard A2.5.2 are fully implemented by national legislation and to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention.

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment Indemnity. In reply to the Committee’s previous comment, the Government’s indicates that article 157 of the Labour Code, which provides for payment to employees during downtime due to the employer’s fault (in the amount of no less than two thirds of the employee’s average salary), and for reasons beyond the control of both the employer and the employee, implements this provision of the Convention. The Committee notes the observations of the FPRMT that the provisions of article 157 and 72.2 of the Labour Code, which define downtime as a temporary suspension of work for economic, technological, technical, or organizational reasons, cannot be considered sufficient to meet the requirements of Standard A2.6, since during downtime employees must remain at their workplace. FPRMT alleges that in the event of a ship’s loss or foundering, a seafarer loses not only their workplace of work, but also sometimes their work, and that the national legislation currently lacks specific rules establishing the shipowner’s obligation to pay an unemployment indemnity in such circumstances. The Committee requests the Government to provide its comments in this regard andto take the necessary measures to ensure that in every case of loss or foundering of any ship, the shipowner shall pay to all seafarers on board an indemnity against unemployment resulting from such loss or foundering. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.6 of the Convention in this respect.

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s indication, in reply to its previous request, that Order of the Russian Ministry of Transport No. 259 of 31 July 2023 on Approval of the Regulations on Minimum Manning Levels, has been adopted and entered into force on 1 September 2024. The Committee requests the Government to provide information on how it takes into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and Standard A2.7, paragraphs 1 and 2, and to provide examples of Minimum Safe Manning Documents, together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it. The Committee also requests the Government to indicate how the requirements on manning levels take into account the need to have on board a ship’s cook or catering staff as required by Standard A2.7, paragraph 3. It further requests the Government to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled (see guidance in Guideline B2.7).

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s indication in reply to its previous comment that Order of the Russian Ministry of Transport No. 62 of 15 March 2012, as amended by Order No. 167 of 13 May 2015, has been superseded by Order No. 378 of 8 November 2021 on Approval of the Regulations on Certification of Crew Members of Maritime Vessels. The Committee also notes the observations by the FPRMT according to which the Government does not provide an assessment of whether the new Regulations effectively address seafarers’ career development and employment opportunities, taking into account their qualifications. Noting that the Government has not provided information on whether any national policies were adopted to encourage the career and skill development for seafarers that are domiciled in the Russian Federation, the Committee requests the Government to indicate any measures taken or envisaged in this regard.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the Government’s report does not contain information in reply to its previous request regarding the adoption of measures implementing the detailed requirements of Regulation 3.1 and the Code. The Committee therefore requests the Government to indicate the measures taken to give effect to these provisions of the Convention and to provide updated information on any decisions adopted concerning ships of less than 200 gross tonnage.

Regulation 4.1 and the Code. Medical care on board ship and ashore. In reply to the Committee’s previous request, the Government indicates that draft orders have been prepared by the Ministry of Health concerning the composition of first aid kits on board vessels. While noting this information, the Committee notes that the Government provides no information regarding measures implementing the detailed requirements of Regulation 4.1 and the Code. The Committee also notes the FPRMT’s observations regarding lack of information on the progress of work on implementing these provisions of the Convention. The Committee once again requests the Government to adopt without delay the necessary measures to implement Regulation 4.1 and the Code, and to submit any applicable legislation once adopted.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. In reply to the Committee’s previous request, the Government indicates that an inventory is drawn up in two copies, that property is packed, sealed, and stored in a closed room, and that the property of deceased seafarers is handed over to their next of kin or representative. The Committee notes FPRMT’s observations that paragraph 8.8 of Section 8 “Working and living conditions on board ships” of the Federal Industry Agreement on Maritime Transport for 2024-27 stipulates that if a seafarer is treated off the vessel, and also in the event of a seafarer’s death, the shipowner shall ensure the security of the personal property left by the employee on board the vessel for the purpose of transferring this property to the employee or their representative. The Committee takes note of this information.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. In reply to its previous comment, the Committee notes the Government’s indication that financial security is provided by the Pension and Social Insurance Fund of the Russian Federation for compulsory social insurance against industrial accidents and occupational diseases (Federal Act No. 125-FZ), from the payment of insurance premiums by employers. The Committee also notes FPRMT’s observations that national legislation does not implement all of the requirements of the Convention in this regard. The Committee further notes the Government’s reply to those observations by indicating that supplementing the system of compulsory social insurance against industrial accidents and occupational diseases with specific provisions for seafarers (e.g. interim payment or payments to the seafarer, so as to avoid undue hardship) may be implemented by developing a separate regulatory legal act outside the framework of compulsory social insurance against industrial accidents and occupational diseases. The Committee requests the Government to adopt the necessary measures to give effect to Standard A4.2.1, paragraphs 8(c), 8(d) and 11. It also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security issued by the relevant authority for the cases where the statutory accident insurance applies, containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s indication, in reply to its previous comment, that Order No. 367n of 5 June 2014, is no longer in force and has been replaced by Order of the Russian Ministry of Labour No. 886n of 11 December 2020, approving the Occupational Safety Regulations on Maritime Vessels and Inland Waterway Transport Vessels. It also notes the Government’s reference to Orders of the Russian Ministry of Labour No. 458 of 11 September 2013 “On the implementation of the provisions of the MLC, 2006 in terms of collecting and evaluating data on industrial accidents and occupational diseases among seafarers” (hereafter “Order No. 458”), and No. 223n of 20 April 2022 on Approval of the Regulations on the Specifics of Investigating Industrial Accidents in Certain Industries and Organizations, Document Forms, and Relevant Classifiers Required for the Investigation of Industrial Accidents. While noting this information, the Committee requests the Government: (i) to indicate the measures taken to give effect to Standard A4.3, paragraphs 1(c), 2(b), 5(a) and 6 (on-board programmes, special attention to safety and health of seafarers under the age of 18, recording and reporting of all deaths of seafarers,protection of seafarers’ personal data); and (ii) to provide an example of a document (e.g. DMLC Part II) outlining a shipowner’s practices or on-board programmes for preventing occupational accidents, injuries and diseases, and a copy of the document(s) used for reporting unsafe conditions on board ship (Standard A4.3, paragraph 1(d)).

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 indication, in reply to its previous comment, that Articles 214 and 224 of the Labour Code regulate the establishment of occupational safety and health committees (commissions) at the initiative of the employer and/or of the employees or their representative bodies, and that in development of article 224 of the Labour Code, Order of the Russian Ministry of Labour No. 650n of 22 September 2021 approved the model regulations on occupational safety and health committees (commissions). The Committee further notes the observations of the FPRMT, that Section 6 “Occupational Safety and Health”, paragraph 6.4, of the Federal Industry Agreement for Maritime Transport for 2024-27 implements Standard A4.3, paragraph 2(d), of the Convention and provides that in accordance with the MLC, 2006, on ships with a crew of at least five people, ship committees on occupational safety (and health) shall be created. The Committee takes note of this information, which addresses its previous request.

Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. The Committee takes note of the FPRMT’s observations and of the Government’s reply, indicating that, under Order No. 458 (which was amended by Order No. 477 of 29 May 2023), the Pension and Social Insurance Fund and the Federal Service for Labour and Employment (Rostrud) provide annual data to the Ministry of Labour on occupational accidents and diseases occurring on board ships engaged in maritime shipping, which is supplemented by analytical reports and published on their official websites. Furthermore, Articles 214 and 218 of the Labour Code require employers to implement systematic measures to manage occupational risks, including the identification of hazards and assessment of occupational risk levels, supported by model regulations for occupational safety management systems (Order No. 776n of 29 October 2021) and methodological guidance on risk assessment and reduction (Orders Nos 926 of 28 December 2021 and 36 of 31 January 2022). The Committee also notes that, to implement these provisions, in 2023 the Federal Service for the Oversight of Consumer Protection and Welfare (“Rospotrebnadzor”) approved the document Р 2.2.3969-23.2.2 with Guidance for assessing the occupational risk to workers’ health, including organizational and methodological foundations, principles and criteria for assessment, which takes into account WHO and ILO documents. Information sources for identifying hazards include, among other things, the employer’s practical experience, including statistical data. The Committee takes note of this information.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes the information provided by the Government, in reply to its previous comment, that the provisions of Federal Act No. 125-FZ of 24 July 1998 on Compulsory Social Insurance against Industrial Accidents and Occupational Diseases apply to seafarers regardless of their place of residence and citizenship, on ships flying the flag of the Russian Federation, as well as to seafarers sailing under the flag of another country, where this is provided for by an international agreement of the Russian Federation. Seafarers who are foreign nationals residing in the Russian Federation (permanently or temporarily), are subject to the compulsory social insurance specified in Federal Act No. 255-FZ on an equal footing with seafarers who are citizens of the Russian Federation if they work on ships flying the Russian flag, under employment contracts or under civil law contracts, the subject of which is the performance of work and/or the provision of services. The Government further indicates that the Pension and Social Insurance Fund is currently implementing international agreements in the field of pension and social insurance, which regulate relations with 22 States. Of the international treaties specified, special regulation in relation to seafarers is provided for in treaties with Spain, Latvia, Bulgaria, Czechia, Israel, Serbia, Hungary, and Tajikistan, according to which the legislation of the Contracting Party whose flag the vessel is flying applies to seafarers. In implementing the Agreement with Slovakia, social security for employees of maritime shipping enterprises of one State who are sent to work temporarily or permanently in the territory of another State, is provided in accordance with the legislation of the State in which the enterprise’s management bodies are located. The Government also provides information on coverage regarding temporary incapacity for work, maternity and family allowances. Noting that the national legislation and the existing agreements do not cover all seafarers ordinarily resident in the Russian Federation, regardless of the flag of the ships on which they work, in respect of all the branches of social security specified upon ratification, the Committee requests the Government to adopt the necessary measures to give effect to Standard A4.5, paragraph 3. It also requests the Government to provide statistics on the number seafarers resident in the Russian Federation who work on ships flying a foreign flag.

Regulation 4.5, paragraph 2 and Standard A4.5, paragraphs 3, 4 and 8. Social security. Bilateral or multilateral agreements. The Committee takes note of the information provided by the Government concerning the bilateral and multilateral agreements in which the Russian Federation participates regarding social security protection and the maintenance of acquired rights. Referring to its comments under Standard A4.5, paragraph 3,theCommittee requests the Government continue to provide information on any developments in this regard.

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. In reply to the Committee’s previous request, the Government indicates that Article 15.2 of Federal Act No. 125-FZ establishes a pretrial procedure for disputes concerning the assignment of compulsory social insurance coverage against occupational accidents and diseases; disputes relating to the assignment and payment of insurance coverage is carried out according to the general rules of court proceedings. Recalling that the procedures established should be designed to cover all disputes relevant to the claims of the seafarers concerned, irrespective of the manner in which coverage is provided (Guideline B4.5, paragraph 4), the Committee requests the Government to specify how it gives effect to Standard A4.5, paragraph 9, in respect of disputes relating to other branches of social security.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 3 and 17. Flag State responsibilities. Inspection and enforcement. Independence of inspectors. Noting the absence of reply to its previous comment on the measures in place to guarantee that inspectors have a status and conditions of service ensuring their independence of changes of government and of any improper external influence in the performance of their duties, the Committee once again requests the Government to specify the measures taken to implement Standard A5.1.4, paragraphs 3, 6, 11(a) and 17.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 7 and 9. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. Noting the absence of reply to its previous comment in this regard,the Committee once again requests the Government to indicate how it gives effect to Standard A5.1.4, paragraph 7, so that inspectors are issued clear guidelines as to the tasks to be performed and provided with proper credentials, are 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.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. Noting the absence of reply to its previous comment in this regard,the Committee once again requests the Government to indicate how it ensures that inspection reports are made accessible to seafarers through posting on the ship’s noticeboard and, upon request, transmitted to their representatives, as required by Standard A5.1.4, paragraph 12.

Regulation 5.1.5 and Standard A5.1.5, paragraph 2. Flag State responsibilities. On-board complaint procedures. Noting that the Government does not provide a sample copy of the on-board complaint procedures approved under paragraph 4 of Order No. 19 of 18 January 2017, the Committee reiterates its previous request.

Regulation 5.2 and the Code. Port State responsibilities. The Government indicates, in reply to the Committee’s previous comment, that Order No. 39 of 17 February 2014 of the Ministry of Transport on Approving the Regulations on the Sea Port Captain has been replaced by Order of the Russian Ministry of Transport No. 447 of 9 November 2022 on Approving the Regulations on the Sea Port Captain. While noting this information, the Committee requests the Government to provide updated information on the progress made in adopting the draft Order of the Ministry of Transport on Approving the Procedures for port State Control and the Centralized Recording of its Results, as well as on any developments in respect of its port State inspection and monitoring system in relation to the MLC, 2006.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. In reply to the Committee’s previous comment, the Government indicates that the procedures for examining complaints from seafarers on shore, as approved by Order No. 18 of 18 January 2017, are publicly accessible and that seafarers may consult the on-board copy of the complaint-handling procedures provided upon the conclusion of their employment contract. The Committee takes note of this information.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Trade Unions Federation of Workers of Maritime Transport (FPRMT), communicated with the Government’s report.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Government refers to the adoption of a number of laws and regulations implementing some aspects of the Convention. The Committee however observes that limited progress has been made by the Government regarding several other issues of compliance previously raised in relation to the application of the Convention, including the 2014, 2016 and 2018 amendments to its Code. The Committee accordingly requests the Government to adopt the necessary measures without delay to fully implement the provisions of the Convention. It further requests the Government to provide information on any developments in this regard and to transmit a copy of any relevant texts adopted.

Article III. Fundamental Rights and Principles. In relation to the fundamental right to freedom of association and the effective recognition of the right to collective bargaining, the Committee notes the observations of the International Transport Workers’ Federation (ITF) and its affiliate unions, regarding the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), received on 1 September 2025. The ITF alleges that as a result of the declaration of the ITF as an “undesirable organization”, on 5 September 2023, by the Office of the Russian Federation Prosecutor General, Russian seafarers may not be able to accept help from ITF or its affiliates for fear of reprisals, including criminal sanctions, with extremely harsh penalties, including imprisonment. In this regard, the Committee urges the Government to provide its reply in respect of ITF’s observations and draws the Government’s attention to its comments under Convention No.  87.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006), as well as the observations made by the Federation of Maritime Transport Trade Unions (FPRMT) and the Seafarers’ Union of Russia (SUR), received on 30 October 2014. It also notes that the Government has previously ratified 11 maritime labour Conventions which were denounced following the entry into force of the MLC, 2006. Noting that, in its previous comments under these Conventions, it has been requesting the Government for many years to adopt the relevant implementing legislation, the Committee expects that the necessary measures will be adopted without delay. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Regulation 1.1 and Standard A1.1. Minimum age. Concerning the prohibition of night work of seafarers under the age of 18, the Committee notes 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”. The Committee notes that, accordingly, this definition covers a period of eight hours. It recalls, in this respect, that paragraph 2 of Standard A1.1 of the Convention requires that “night” shall cover a period of at least nine hours. The Committee requests 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. The Committee notes the Government’s reference to Resolution No. 163 of 25 February 2000 “On the Confirmation of the List of Heavy Work and Work with Harmful or Hazardous Working Conditions for Which it is Prohibited to Employ Workers Under 18 Years of Age”. It notes that this resolution sets out the list of hazardous work activities for which seafarers under the age of 18 years are prohibited to work. However, the Committee further notes that the explanatory notes, which form part of this resolution, indicate that certain exceptions may be made for training activities for up to four hours a day. The Committee recalls, in this respect, that paragraph 4 of Standard A1.1 of the Convention prohibits the employment, engagement or work of seafarers under the age of 18 for hazardous work, without exception. The Committee requests the Government to clarify how its national legislation implements the absolute prohibition provided for in the Convention.

Regulation 1.2 and Standard A1.2. Medical certificate. In its previous comments under the Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16), and the Medical Examination (Seafarers) Convention, 1946 (No. 73) – now consolidated in the MLC, 2006 – the Committee had noted the Government’s repeated assurances that implementing legislation was in process. It notes the Government’s indication that this legislation remains in draft form. It further notes that the FPRMT states that the draft legislation fails 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 does not establish a procedure for filing an appeal where a seafarer has been refused a medical certificate (Standard A1.2, paragraph 5). Recalling that these issues have been pending for many years, the Committee requests the Government to adopt the necessary measures to implement these provisions of the Convention without delay. It also requests the Government to transmit its comments on the observations of the FPRMT.

Regulation 1.4 and Standard A1.4. Recruitment and placement. In its previous comment under the Recruitment and Placement of Seafarers Convention, 1996 (No. 179) – now consolidated in the MLC, 2006 – the Committee requested the Government to indicate how it prohibits blacklisting or ensures a system of protection, such as a compulsory insurance scheme, offering greater certainty of payment. The Committee notes that the FPRMT and the SUR indicate that the Government has still not adopted any laws or regulations which: (i) impose any material liability towards seafarers for monetary damage; (ii) prohibit blacklisting; or (iii) establish an autonomous system for the regulation and control of recruitment and placement services for Russian seafarers that are engaged on ships that fly the flag of the Russian Federation. The FPRMT and the SUR further state that the two regulating legislative texts, that is, Order No. 939n of 2 December 2009 establishing a model form of employment contract and Order No. 962n of 8 December 2009 establishing a procedure for registering, with the regional officer of the recruitment and placement services for Russian citizens, foreign citizens and stateless persons, do not comply with the requirement of the Convention. In addition, the SUR states that the assessment of the Russian recruitment and placement system is limited by the lack of federal labour and employment services bodies authorized to inspect those entities and legal liability of those entities in case of infringement of the procedures in question. The Committee further notes the Government’s reference to Regulation No. 1022 of October 2012, which requires compliance with Articles 5 and 6 of Convention No. 179 concerning the duties of recruitment and placement services to ensure certain rights and duties with respect to the contracts of employment and documents and to maintain an adequate machinery and procedures for complaints. It notes the Government’s reference to the Act on Licensing Different Kinds of Activity (Federal Act No. 99-FZ of 4 May 2011), which sets out certain licensing and certification requirements. Finally, the Committee notes the Government’s reference to section 19(10) of the Federal Act No. 99-FZ, which requires unscheduled on-site inspections of recruitment and placement services concerning allegations of cases of gross violation of licensing requirements. The Committee notes, however, that the existing legislation does not seem to contain prohibitions against blacklisting or requirements for a compulsory insurance scheme. The Committee accordingly requests 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)). Furthermore, noting that Regulation No. 1022 refers only to penalties for “gross violations” of the licensing requirements, the Committee requests the Government to indicate how it is ensured that all complaints concerning the activities of recruitment and placement services are investigated, involving, as appropriate, representatives of shipowners and seafarers, as required under Standard A1.4, paragraph 7.

Regulation 2.1 and Standard A2.1. Seafarers’ employment agreements. The Committee had noted in its previous comments under the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), that section 66 of the Labour Code, as last amended in 2006, provides that the work record book will specify, among other things, the grounds for termination of the employment agreement. The Committee had drawn the Government’s attention, in that respect, to Articles 14 and 5 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22) – now incorporated in the MLC, 2006 – which provide that an entry made in the document issued to the seafarer and the list of the crew in case of the termination or rescission of the agreement should merely state the fact that the seafarer had been discharged and not the grounds for such discharge. The Committee notes the Government’s indication that this provision is still implemented through the Labour Code. It also notes the Government’s indication that the particulars, as required under Standard A2.1, paragraph 4, are contained in the Ministry of Health and Social Development Order No. 939n of 2 December 2009. The Committee notes, however, that although Order No. 939n provides for many of those particulars, it does not seem to require that the employment agreement include certain provisions in English, as required under Standard A2.1, paragraph 2, or that the shipowners and seafarers each receive a signed original of the seafarers’ employment agreement, as required under Standard A2.1, paragraph 1(c). The Committee requests the Government to clarify how it ensures the respect of these provisions of the Convention. The Committee also notes that, under section 67 of the Labour Code “An employment agreement shall be concluded in writing and shall be drawn up in two copies, each of which will be signed by the parties. One copy of the employment agreement shall be handed to the employee, and the other shall be retained by the employer”. The Committee recalls that, under paragraph 1 of Standard A2.1, irrespective of the employment arrangements involved, the agreement must be signed by both the seafarer and the shipowner or a representative of the shipowner. The Committee requests the Government to clarify how the legislation ensures the implementation of this provision of the Convention.

Regulation 2.2 and the Code. Wages. The Committee notes that, according to the observations of the SUR, 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. The Committee requests the Government to provide its comments concerning the observations of the SUR in this respect.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. The Committee notes the Government’s reference to the Order of the Russian Federation Ministry of Health and Social Development dated 13 August 2009, No. 588n, which stipulates under section 2.2 that normal working hours of work for crew will be eight hours, Monday through Friday, that is, 40 hours per week. The Committee notes that, under section 4 of the same Order, emergency services work performed by crew in excess to normal hours of work must be recorded and taken into account, and that such work should be minimized. The Committee requests the Government to indicate how it implements Standard A2.3, paragraph 14 of the Convention according to which, as soon as practicable after the normal situation has been restored, the master shall ensure that seafarers are provided with an adequate period of compensatory rest.

In addition, the Committee notes the comments of the FPRMT and the SUR, according to which the legislation does not appear to require that: (i) musters, fire-fighting and lifeboat drills, and drills shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue (Standard A2.3, paragraph 7); or (ii) records of seafarers’ daily hours of work or of their daily hours of rest be maintained, in a standardized format, in English as well as in the working language, and that seafarers shall receive a copy of those records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers (Standard A2.3, paragraph 12). Noting that the Government has not provided information in this regard, the Committee requests the Government to identify the implementing legislation concerning the minimization of disturbances during rest periods and the records of hours of work, as set out above.

Regulation 2.4 and Standard A2.4. Entitlement to leave. The Committee notes the Government’s references to the Labour Code, which provides generally for paid annual leave for 28 days per year, as well as to section 427 of the Merchant Shipping Act as implementing legislation. However, it notes that neither of these legislative texts provide for annual paid leave for seafarers. The Committee further notes that, while the Government states in its report that “it is prohibited not to provide paid annual leave in two consecutive years”, the Government provides no information concerning how it ensures that seafarers, who are employed on vessels for less than two consecutive years, are protected against foregoing annual leave with pay, as required under Standard A2.4, paragraph 3. The Committee accordingly requests the Government to indicate the laws and regulations that implement Regulation 2.4 and the Code to ensure the minimum standards for annual leave for seafarers serving on ships flying its flag, taking into account the special needs of this category of workers.

Regulation 2.5 and Standard A2.5. Repatriation. The Committee notes that section 58 of the Merchant Shipping Act sets out certain repatriation entitlements for seafarers to be repatriated, and that the costs of this repatriation must be borne by the shipowner. Noting the absence of further information on this point, the Committee requests the Government to describe how it implements the requirements of Standard A2.5, paragraph 1(b)(ii).

Regulation 2.6 and the Code. Seafarers’ compensation for the ship’s loss or foundering. The Committee notes the Government’s indication that this Regulation is implemented by section 30 of the Act on Employment in the Russian Federation (Act No. 1032-1 of 19 April 1991) that requires that all Russian citizens receive unemployment benefit. The Committee also notes, however, that according to the FPRMT, this provision does not specify that the shipowner is required to pay adequate compensation to each seafarer in the case of unemployment arising from the ship’s loss or foundering. The Committee observes that indeed section 30 of the said Act does not include this specific obligation and subjects unemployment benefits to the payment of contributions for a minimum qualifying period. The Committee recalls that, according to paragraph 1 of Standard A2.6, 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. In addition, the Committee notes that the Government provides no information regarding seafarers’ compensation in case of injury or loss arising from the ship’s loss or foundering. The Committee requests the Government to provide information on the measures taken or envisaged to implement the requirements of Regulation 2.6.

Regulation 2.7 and the Code. Manning levels. The Committee notes the Government’s indication that the minimum safe manning levels take into account the requirements of the Convention, and that, under the Merchant Shipping Code, the minimum safe manning must ensure safe navigation and must prevent seafarer fatigue. It also notes, however, the comments 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 requests the Government to transmit its comments concerning the observations of the FPRMT and the SUR in this respect.

Regulation 3.1 and Standard A3.1. Accommodation and recreational facilities. The Committee recalls 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. It further notes, however, the Government’s indication that its implementing legislation remains the same. The Committee notes, in this respect, that while the Sanitary Regulations provide specific requirements for vessel accommodation, many of those provisions do not reflect the requirements of the Conmvention, such as those concerning headroom and occupancy. The Committee accordingly requests the Government to take concrete steps to adopt new laws or regulations that implement the requirements of Regulation 3.1 and Standard A3.1.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes the Government’s indication that the Ministry of Health has drafted implementing legislation which is awaiting approval. The Committee requests the Government to submit its implementing legislation once it has been approved.

Regulation 4.2 and Standard A4.2. Shipowner’s liability. The Committee notes the Government’s reference to the Merchant Shipping Act, which requires that the shipowner safeguard seafarers’ property in the event of ship accidents or acts of war. The Committee requests the Government to indicate the national laws and regulations which require that shipowners of ships that fly its flag take measures to safeguard property on board by sick, injured or deceased seafarers, as required by Standard A4.2, paragraph 7.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes 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) has been signed and sent to the Ministry of Justice for state registration. The Committee requests the Government to submit a copy of this Order.

Regulation 4.5 and Standard A4.5. Social security. Resident seafarers. The Committee notes that, upon ratification, in accordance with paragraphs 2 and 10 of Standard A4.5, the Government specified the following branches of social security protection: medical care; sickness benefit; old-age benefit; employment injury benefit; invalidity benefit; and survivors’ benefit. It further notes the comments of the SUR, however, which state that sickness and employment injury benefits are not afforded to Russian citizen seafarers who work on ships flying a foreign flag. The Committee requests 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 ratifying the Convention. In cases in which social security coverage of such seafarers is provided by way of bilateral or multilateral social security agreements, the Committee requests the Government to provide a list of such agreements as well as explanations regarding the model clauses with respect to coverage of persons residing in the other State party.

Non-resident seafarers. The Committee notes that, under paragraphs 1 and 2 of section 5 of the Federal Act No. 125-FZ, Russian citizens, foreigners and stateless persons that are performing a contract of employment are eligible for compulsory social insurance in case of workplace accidents and occupational diseases. The Committee understands that seafarers working on board Russian flagged ships but not resident in the Russian Federation would, in accordance with this provision, be covered against employment injuries occurring in the course of their employment. The Committee requests the Government to confirm whether such is indeed the case and to indicate any measure taken in order to periodically review the branches of social security protection so as to identify any additional branches to be extended to this category of seafarers in case of inadequate coverage.

Regulation 5.1.4 and Standard A5.1.4. Inspection and enforcement. The Committee notes that the FPMRT and the SUR indicate that the Government lacks a legal and regulatory mechanism to ensure compliance with the basic requirements of the Convention through the effective exercise of the State’s jurisdiction and control over Russian-flagged ships. According to them, in the absence of any accountability for such failure, there have been flagrant violations of seafarers’ rights on board Russian seagoing vessels. The Committee requests the Government to provide its comments on these observations.

The Committee also notes the Government’s indication that a vessel may be detained if defects are discovered which pose a direct threat to individuals’ life and health. It recalls that paragraph 7(c) of Standard A5.1.4 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 notes, however, that the Government has not indicated whether inspectors may detain a ship for deficiencies in cases where they have grounds to believe that deficiencies constitute a serious breach of the requirements (including seafarers’ rights) of the Convention. Consequently, it is not clear whether Russian inspectors are empowered to detain vessels for deficiencies related to the Convention. It is also unclear whether the remaining requirements of the Code are implemented. The Committee accordingly requests the Government to provide detailed information on the measures taken to implement these requirements of the Convention.

Regulation 5.1.5. On board complaint procedures. Noting the Government’s reference to the draft order on the approval of complaint review procedures on board vessels, the Committee requests the Government to submit the order once it has been finalized.

Regulations 5.2, 5.2.1 and 5.2.2 and the Code. Port State responsibilities. Noting the Government’s indication that an effective port State inspection and monitoring system is under preparation, the Committee requests that it provide updated information concerning any developments in this respect.

[The Government is asked to reply in detail to the present comments in 2017.]