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

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

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

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

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

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

Article 6. Public authority responsible for supervising the repatriation of seamen. In its previous comments, the Committee requested the Government to indicate the public authority in Estonia and abroad that is responsible for ensuring the repatriation of seafarers, both national and foreign, in the cases covered by the Convention, and whether these authorities have instructions to advance, where necessary, the expenses of repatriation to both national and foreign seafarers. The Government’s report does not contain any information on this point. Consequently, the Committee requests the Government to transmit, in its next report, the information requested.

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

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