Maritime Labour Convention, 2006 (MLC, 2006) - Serbia (Ratification: 2013)

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 Union Confederation Nezavisnost (hereafter TUC Nezavisnost) and of the Union of Employers of Serbia. The Committee 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 Republic of Serbia on 26 December 2020 and 23 December 2024, respectively. In relation to the 2022 amendments to the Code of the Convention, 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 I of the Convention. General questions on application. Implementing measures. In reply to the Committee’s previous request, the Government states that the Ministry of Construction, Transport and Infrastructure adopted the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships ("Official Gazette of the Republic of Serbia”, No. 72/2018) to give effect to the provisions of the MLC, 2006 and rules 3-12 of Chapter II-1 of the SOLAS Convention and Code on Noise Levels on Board Ships (Resolution MSC.337(91)). Part XII of the Rulebook specifically addresses requirements regarding safety and health at work and accommodation of the crew. The Government indicates that, in 2019, the Ministry also adopted the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers ("Official Gazette of RS”, No. 35/2019). The Committee welcomes the adoption of these Rulebooks and requests the Government to provide a copy thereof. It draws the Government’s attention to the points set out below as necessary measures for achieving full implementation of the Convention

Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. The Committee notes that, following up to its previous comments, the Government refers to article 53 of the Law on Maritime Navigation, according to which a seafarer is a member of the crew of a seagoing vessel. It also refers to the Law on the Ratification of the Convention of the ILO MLC 2006 ("Official Gazette of RS – International Agreements”, No. 8/11), which publishes the Convention and therefore defines a seafarer as any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies. The Government further refers to article 3, point 37, of the Regulation on Titles, Conditions for Acquiring Titles and Powers of Crew Members of Maritime Ships ("Official Gazette of RS”, No. 16/14) and to Part III, point 4, of the annex to the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, which define a seafarer in accordance with the meaning of the Convention. The Committee takes note of this information.

Article VII of the Convention. Consultations. The Committee notes that, in response to its previous request, the Government indicates that two organizations of seafarers and shipowners are established: the Association of Seafarers of the Republic of Serbia and the Association of Professional Shipowners of Serbia. It states that the the competent authorities of the Republic of Serbia shall consult with shipowners’ and seafarers’ organizations on any derogation, exemption or other flexible application of this Convention for which the Convention requires consultation. The Committee takes note of this information.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Referring to its previous comment, the Committee notes that the Government’s refers to article 57 of the Law Maritime Navigation, which stipulates that it is not permitted to employ persons under the age of 18 on board a ship if the performance of work on board a ship by such persons may endanger their health or safety in accordance with international standards. It also indicates that under the schedule of the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, the requirement of Standard A1.1, paragraph 4, that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety, is reproduced. The Committee, however, observes that these provisions still do not contain the list of hazardous activities on board seagoing ships, which is required under Standard A1.1, paragraph 4, of the Convention, and that must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to adopt without further delay the list of types of hazardous work prohibited for young persons, taking into account the specific conditions of work and risks on board ships, after consultations with the shipowners’ and seafarers’ organizations concerned.

Regulation 1.4 and Standard A1.4, paragraph 5(a). Recruitment and placement. The Committee notes the Government’s answer to its previous comments referring to article 67ž of the Law on Maritime Navigation, according to which an intermediary in the employment of seafarers on domestic ships and ships of a foreign flag shall not take actions with the aim of preventing or denying seafarers from getting a job complies with the requirement of Standard A1.4, paragraph 5(a).The Committee takes note of this information.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that the Government provides no new information in reply to its previous comment and that the various provisions to which the Government refers do not comply with the requirement of Standard A1.4, paragraph 5(c)(vi), but relate to obligations regarding repatriation that are under the responsibility of the shipowner and not of the recruitment and placement services. The Committee recalls that Standard A1.4, paragraph 5(c)(vi), provides for the establishment of a system of protection to compensate seafarers not only in case of abandonment but “for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. Furthermore, the Committee recalls that under Standard A1.4, paragraph 5(c)(vi), such system of protection, by way of insurance or an equivalent appropriate measure, should be established by the seafarer recruitment and placement services, in addition to any insurances provided by the shipowner. The Committee requests the Government to take the necessary measures without further delay to give full effect to Standard 1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Further to its previous comment, the Committee notes the Government’s indication that the requirements of the seafarer’s employment agreement (SEA) are regulated by the Law on Maritime Navigation. Article 67e paragraph 4 of the said Law stipulates that the employment contract with the seafarer is signed by the employer or an intermediary in the name and on behalf of the employer. The Government indicates that, under this Law, the employer is meant to be understood as the shipowner who is defined in article 4, point 4) of the same law as the owner of the ship, the charterer or the manager who is the owner of the vessel who has taken responsibility for the management of the ship from the owner of the ship, who is the bearer of navigational responsibility. The Committee observes that this provision does not appear to be sufficient to ensure that seafarers employment agreements are signed in all cases by the shipowner or a representative. In this regard, the Committee draws the Government’s attention to the fact that any signatory of the seafarers’ employment agreement other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner. The Committee requests the Government to indicate how it ensures that, in all cases, the seafarers’ employment agreement is signed by the shipowner or a representative thereof, as required by Standard A2.1, paragraph 1(a).

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that, in response to its previous request, the Government indicates that article 53 of the Law on Maritime Navigation stipulates that the employment relationship of a ship’s crew member (seafarer) is based on an employment contract, which, in addition to the content prescribed by the Labour Law, must also include a number of requirements stipulated in Standard A2.1, paragraph 4. The Committee notes that the Government’s also refers to article 33, paragraph 1, point 1) of the Labour Law, which stipulates that the seafarers’ employment contract among other things, contains the name and registered office of the employer, that is, the shipowner. In this regard, the Committee notes the observations of the Union Employers of Serbia regarding the provisions of article 33 of the Labour Law and article 53 of the Law on Maritime Navigation, which specify the particulars to be included in a seafarer employment agreement, emphasizing that they refer to the employer, and are therefore not consistent with the requirement of Standard A2.1, paragraph 4(b), which specifically refer to the name and address of the shipowner. The Union Employers of Serbia also regrets that article 53 of the above-mentioned Law refers to “return trip” rather than to repatriation, as return journey involves returning the seafarer to the place, the country of his or her departure, while repatriation means to the country of residence, therefore not taking into account Guideline B2.5.1, paragraphs6 and 7, which provides that seafarers should have the right to choose between prescribed places of destination. The Committee requests the Government to provide its comments in this respect. Referring to its comments under Standard A2.1, paragraph 1(a), the Committee requests the Government to adopt the necessary measures to ensure that all SEAs refer explicitly to the shipowner’s name and address as required by Standard A2.1, paragraph 4(b).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. The Committee notes that in reply to its previous comments, the Government indicates that, in addition to the provisions of the Labour Law, article 54a of the Law on Maritime Navigation provides for reasons where the seafarer’s employment can be terminated: (1) in case of shipwreck; (2) due to illness, injury or other health condition that makes it impossible to carry out work on the ship for which the seafarer is engaged; (3) in the event that the shipowner is no longer able to fulfil his legal or contractual obligations as an employer of a crew member due to insolvency, sale of the ship, disposal of the ship, or change of the country of registration of the ship; (4) if, after an inspection by a recognized organization or an inspection in the port State, the unfitness of the ship for navigation, or non-compliance with the requirements of regulation I/4 of the STCW Convention was determined; (5) if the ship is sent to a zone in which there is a danger of undertaking war actions to which the seafarer does not agree to be sent; (6) in case of voluntary termination of the employment relationship by the seafarer before the expiration of the term on which the employment relationship is based. The Committee requests the Government to clarify whether in the cases of article 54a, paragraphs 2) and 6), the seafarer has a right to voluntary termination at shorter notice or without notice.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard 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 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. The Committee notes that in reply to its previous comment, the Government refers once again to article 64, paragraphs 4 and 5, which establishes the employer’s obligation to take measures that will enable the seafarer to transfer all or part of his earnings to the family or persons he is obliged to support, without however prescribing that any charge for this service shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Government also refers to the standards included in the schedule of the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, which refers to the MLC requirements for which inspection is required, among which the requirement of Regulation 2.2 that fees for sending money/remittance services must be reasonable and exchange rates in accordance with prescribed requirements. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose responsibility is to ensure that such charge is reasonable. The Committee requests the Government to take the necessary measures to comply with this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. Further to its previous comment, the Committee observes that the Government refers once again to article 55 of the Law on Maritime Navigation, without however specifying whether the regime selected is maximum hours of work or minimum hours of rest. Noting that the Government provides no new information in reply to its comments, the Committee requests it to take the necessary measures without further delay to ensure that full effect is given to Standard A2.3, paragraphs 2.

Regulation 2.3 and Standard A2.3, paragraph 5(b)(ii). Hours of work and hours of rest. Limits. The Committee notes that, in response to its comments, the Government indicates that the adoption of the amendments to the Law on Maritime Navigation is scheduled for 2026 and that article 56 will be amended to comply with the minimum requirement of 77 weekly hours of rest provided for under Standard A2.3, paragraph 5(b)(ii), of the Convention. The Government further refers to schedule 1 of the Rulebook on the content and form of the board with the schedule of working hours, as well as the formats of records of seafarers’ hours of work or hours of rest ("Official Gazette of the RS”, No. 9/14), which prescribes that the minimum rest time of a seafarer is 77 hours in any period of seven days. The Committee expects that the amendments to the Law on Maritime Navigation will be adopted without delay to ensure full conformity with Standard A2.3, paragraph 5(b)(ii).

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the Government indicates that, further to its comments, the schedule of the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers provides the MLC requirements for which inspection is required, among which is the requirement that seafarers shall be granted shore leave for the benefit of their health and well-being in accordance with the operational requirements of their positions. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose responsibility is to ensure that seafarers are granted shore leave to benefit their health and well-being. The Committee requests the Government to take the necessary measures without delay to ensure compliance with Regulation 2.4, paragraph 2.

Regulation 2.5 and Standard A2.5.1. Repatriation. The Committee notes the Government’s answer to its previous request indicating that the Schedule of the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers prescribes the MLC requirements for which inspection is required, among which is Regulation 2.5 on repatriation and the requirements that seafarers have the right to repatriation even in cases where the seafarer’s employment contract expires while they are abroad and if the employment contract has been terminated by the seafarer’s will for justified reasons. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose responsibility is to ensure that seafarers are entitled to repatriation when the circumstances foreseen in Standard A2.5.1, paragraph 1, are met. The Government indicates that amendments to the Law on Maritime Navigation will be made with respect to the duration of service on the ship after which the seafarer acquires the right to repatriation which will be shorter than 12 months, as well as with respect to the right of seafarers to choose between prescribed destinations to which they will be repatriated. The Committeerequests the Government to adopt the necessary measures to ensure compliance with the provisions ofStandard A2.5.1, paragraphs 1(a) and(b)(ii), and 2(b), and give consideration to Guideline B2.5.1 paragraph 6 and 7.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. In reply to the Committee’s previous request regarding how it ensures that the exceptions to the prohibition for shipowners to recover the cost of repatriation are limited to those cases in which the seafarer has been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations, the procedure to be followed in this regard and the standard of proof to be applied, the Government indicates that there were no changes in the legislation and that this is a matter that is prescribed by the collective agreement. In this regard, the Committee notes the observations of TUC Nezavisnost that the terms for what is to be considered a "serious breach of obligations from the seafarers’ labour contract” are to be regulated by a collective agreement. The Committee requests the Government to specify whether such a collective agreement is registered and therefore forms part of the law or the provisions of the collective agreement are adopted in practice, and the steps taken by the Government to ensure compliance with Regulation 2.5 and Standard A2.5.1.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee notes with interest that the provisions of articles 89 and 89a of the Law on Maritime Navigation give effect to the requirements of Standard A2.5.2. The Committee takes note of this information.

Regulation 3.1 and the Code. Accommodation and recreational facilities. Referring to its previous comment, the Committee notes with interest the Government’s indication that part XII of the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships, prescribes detailed requirements for crew accommodation in compliance with the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee notes that the Government does not provide new information as to how its national provisions give effect to the requirement that shipowners bear the cost of medical care provided to seafarers while they are landed in a foreign port, regardless of their nationality. The Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes, in response to its previous comment, that the Government refers to the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of working and living conditions of seafarers, which prescribes the requirements for which inspection is required, among which is the obligation of the shipowner to take measures for safeguardigng property left on board by sick, injured or deceased seafarers. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners. The Committee requests the Government to take the necessary measures to ensure full conformity with the requirement of Standard А4.2.1, paragraph 7.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee notes, in response to its previous comment, that the Government refers to the Rulebook on objectives and guidelines for the work of inspectors of recognized organizations in the supervision of working and living conditions of seafarers, which prescribes the requirements for which inspection is required, among which is the obligation of shipowners to provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard. While noting this information, the Committee observes that the Rulebook to which it refers is intended for recognized organizations and not for shipowners, whose liability is to have a financial security system to assure compensation including long-term disability of the seafarer. The Committee accordingly reiterates its request to the Government to take the necessary measures to give full effect to Standard A4.2.1, paragraph 1(b). In relation to the 2014 amendments to the Code of the Convention, the Committee notes that the Government refers to article 69a of the Law on Maritime Navigation, which partially complies with the requirements of the Convention as long-term disability does not seem to be covered. The Committee accordingly requests the Government to ensure that the system of financial security to assure compensation for contractual claims also covers long-term disability, as provided for under Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Referring to its previous comment, the Committee notes that the Government refers to part XII on safety and health at work and accommodation of the crew of the Rulebook on Technical Tules for Statutory Certification of seagoing ships (Part XII on Safety and health at work and accommodation of the crew). It further indicates that, during the reporting period, no instructions and guidelines for the improvement of safety and health at work related to the safe and healthy work of seafarers were issued by the Occupational Safety and Health Directorate. The Committee takes note of this information.

Regulation 4.5 and the Code. Social security. In the absence of relevant information in reply to its previous comment, the Committee reiterates, once again, its request to the Government: (i) to provide clarifications regarding whether foreign seafarers residing in the Serbian territory have access to social security protection, mainly regarding medical care and sickness benefit, as required by Standard A4.5, and to indicate the relevant provisions; and (ii) to indicate the provisions ensuring that foreign seafarers domiciled in Serbia are entitled to the unemployment benefit.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. Further to its previous comment, the Committee notes that the Government refers to the Rulebook on the objectives and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers, which prescribes the goals and guidelines for the work of inspectors of recognized organizations in the supervision of the working and living conditions of seafarers. The Government also indicates that the Rulebook on Recognized Organizations for the Technical Supervision of Maritime Ships ("Official Gazette of RS”, No. 89/15) prescribes, among other things, the conditions, the way of working and the control of the work of recognized organizations, the criteria that will be applied when determining whether the activities and results recognized organizations may consider the work to pose a threat to the safety and pollution of the marine environment. Finally, the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships prescribes the requirements for the certification and inspection of ships. While welcoming this information and the adoption of the Rulebook on Technical Rules for the Statutory Certification of Maritime Ships, the Committee observes that there does not seem to be provisions regarding on-board complaints procedures. The Committee requests the Government to take the necessary measures to ensure compliance with Regulation 5.1.5 and Standard A5.1.5.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s reference, in reply to its previous comment, to Part XII of the Rulebook for the Statutory Certification of Maritime Ships, which indicates that inspections are taken at appropriate time gaps, which should not be more than three years. The Government states that the requirements of this Rulebook for certification and inspection apply to new ships and technical vessels, and that its application to existing ships is examined and decided by the Ministry based on the proposal of a recognized organization on an individual case. The requirements of this part of the Rulebook also apply to existing ships, if substantial alterations are carried out on them. The Government indicates, however, that currently, there are no maritime vessels registered under the flag of the Republic of Serbia. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Serbia respectively on 18 January 2017 and 08 January 2019. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

General questions on application. Implementing measures. In its previous comment, the Committee noted the Government’s indication that there were 2,367 Serbian seafarers working on ships operating under the flag of other countries and that there were no ships flying the Serbian flag. The Committee requested the Government to report on any future developments in the maritime sector, as well as on progress made regarding the implementation of the Convention. The Committee notes the Government’s indication that: (i) the procedure of elaboration of technical rules for statutory certification of maritime ships is ongoing; (ii) the rules are planned to be adopted by the end of 2018; and (iii) the adoption of instructions on the execution of rules, standards and guidelines related to Titles 2, 3 and 4 of the Convention will follow the adoption of the technical rules. Noting the important delay regarding the initial schedule of adoption of the implementing legislation, the Committee expects that the technical rules and instructions will be adopted in the near future in order to give full effect to the provisions of the Convention.

Article VII of the Convention. Consultations. Noting that there were no active seafarers’ or shipowners’ organizations in Serbia, the Committee requested the Government to have recourse to the arrangement provided for in Article VII of the Convention. The Committee notes the Government’s indication that there are still no representative organizations of shipowners in the country and that, until they are established, consultations will be made in accordance with Article VII of the Convention. The Committee takes note of this information and requests the Government to inform it about any recourse to the Special Tripartite Committee.

Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. The Committee notes that the existing legislation does not contain a definition of the term “seafarer”. The Committee recalls that in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee requests the Government to indicate how the term “seafarer” is defined in the national legislation.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s indication that the types of work considered as likely to jeopardize the health and safety of seafarers under the age of 18 had to be stipulated by the technical regulations for statutory certification of ships to be adopted in 2016, the Committee expressed the hope that the said regulations would be adopted in the near future. The Committee notes the Government’s information that the regulations are planned to be adopted by the end of 2018. Referring to its comments above, the Committee requests the Government to define the types of work considered hazardous in the near future to ensure conformity with the requirements of Standard A1.1, paragraph 4.

Regulation 1.4 and Standard A1.4, paragraph 5(a). Recruitment and placement. Recalling that Standard A1.4, paragraph 5(a), requires that Members prohibit seafarers’ recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified, the Committee requested the Government to indicate how it gives effect to this provision of the Convention. The Committee notes that the Government provides no answer to the question above. The Committee accordingly once again requests the Government to indicate the measures taken to implement Standard A1.4, paragraph 5(a).

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. Recalling that Standard A1.4, paragraph 5(c)(vi), requires that insurance or an equivalent appropriate measure must be in place to compensate seafarers for monetary loss they may incur as a result of the failure of a recruitment and placement service “or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”, the Committee requested the Government to indicate the measures taken to give effect to this requirement of the Convention. The Committee notes the Government’s indication in this regard that, to get an approval for conducting mediation services in employment of seafarers, the mediator is required to submit a request for issuance of an approval and an insurance policy from professional liability for financial losses that the seafarer is subject to as a result of omission in the work of the mediator in the amount of at least €5,000.00 in Serbian dinar counter-value per event. Mediators who obtain the approval are required to submit the extended insurance policies to the Ministry every year. The Government also informs that: (i) article 89, paragraph 7, of the Law on Maritime Navigation prescribes an obligation of a shipowner and/or employer to conclude an insurance or another financial guarantee for the purpose of paying the costs of repatriation of the members of the crew; and (ii) a draft Law amending the Law on Maritime Navigation will be adopted by the end of 2018 to incorporate the 2014 amendments to the Code of the MLC, 2006. The Committee observes that the obligation to provide financial security in conformity with the amendments to the Convention does not affect the obligations under Standard A1.4, paragraph 5(c)(vi). The Committee accordingly requests the Government to indicate the measures taken to give effect to Standard A1.4, paragraph 5(c)(vi), to compensate seafarers for monetary loss in case of failure of the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee requested the Government to provide clarifications concerning whether or not the Labour Code applies to national and foreign seafarers domiciled in Serbia engaged in ships not flying the Serbian flag. The Committee notes the Government’s indication that, pursuant to article 2, paragraphs 1 and 3, of the Labour Code, its provisions apply to employees assigned to work abroad by the employer, unless stipulated otherwise; its provisions also apply to employees employed in the field of transport, unless specific regulations stipulate otherwise. The Government further indicates that the Labour Code does not define the contracts on the seafarers’ work nor the term of “seafarer”; this is regulated by the Law on Maritime Navigation. Noting that it is not clear which national provisions implement Regulation 2.1 and the Code, which is a central element to ensure that seafarers benefit from the protection provided by the Convention, the Committee requests the Government to adopt the necessary measures without delay to give full effect to these provisions of the Convention. The Committee also noted that the standard form of a seafarer’s employment agreement provided by the Government does not include the signature of the shipowner, as required by Standard A2.1, paragraph 1, nor does it contain all the particulars listed under Standard A2.1, paragraph 4. It notes the Government’s explanation that, according to article 67(е), paragraph 4, of the Law on Maritime Navigation, a labour contract with a seafarer shall be signed by an employer or a mediator on behalf and in the name of the employer. The Government further indicates that article 30, paragraphs 2 and 3, of the Labour Code prescribes that a labour contract shall be concluded by an employee and an employer and it shall be deemed concluded when it is signed by both of them. The Committee notes that the Law on Maritime Navigation, the Labour Code and the model seafarers’ employment agreement refer to the signature of the seafarers’ employment agreement by the “employer” (or mediator) and not by the “shipowner”. Recalling the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention, the Committee urges the Government to amend the relevant legislation and the standard form agreement to ensure that seafarers have an agreement signed by both the seafarer and the shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1. Furthermore, the Committee notes that article 33 of the Labour Code, although prescribing certain particulars for the employment agreements, does not contain the following particulars listed under Standard A2.1, paragraph 4: (g) the termination of agreement and the conditions thereof; (h) namely, the health and social security protection benefits to be provided to the seafarer by the shipowner; and (i) the seafarer’s entitlement to repatriation. These elements have not been included in the model seafarers’ employment agreement. The Committee accordingly once again requests the Government to review the existing legislation and the seafarers’ employment agreement’s standard form in order to give full application to these provisions of the Convention (Standard A2.1, paragraph 1 and Standard A2.1, paragraph 4(b), (g), (h) and (i)).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. Recalling that Standard A2.1, paragraph 6, of the Convention foresees that an employment agreement, under certain circumstances, can be terminated at shorter notice or without notice, and that each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reason is taken into account, the Committee requests the Government to indicate how effect is given to these requirements of the Convention.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. Noting that there were no provisions regulating the charge for the allotment services in its national legislation, the Committee requested the Government to indicate the measures taken to give effect to Standard A2.2, paragraph 5. The Committee notes the Government’s reply that this issue is not regulated by the Law on Maritime Navigation. The Committee therefore reiterates its previous request.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee noted the existence of both minimum hours of rest and maximum hours of work regimes in the national legislation. The Committee recalled that Standard A2.3, paragraph 2, of the Convention requires Members to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. The first option is more favourable for the seafarer than the second. Noting that Standard A2.3, paragraph 2, should not be interpreted as to give shipowners or masters the discretion of selective application, the Committee requested the Government to ensure that the selected regime (either maximum hours of work or minimum hours of rest) is fixed. The Committee notes that the Government does not provide answer to its request. Consequently, the Committee once again requests the Government to take measures to ensure that the selected regime (either maximum hours of work or minimum hours of rest) is fixed in accordance with these provisions of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 5(b)(ii). Hours of work and hours of rest. Limits. The Committee noted that while the DMLC Part I prescribes 77 minimum weekly hours of rest, according to article 56 of the Law on Maritime Navigation, the minimum weekly hours of rest are 72. Recalling that Standard A2.3, paragraph 5(b)(ii), requires a minimum of 77 weekly hours of rest, the Committee requested the Government to take the necessary measures to bring the relevant legislation into conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law on Maritime Navigation will be brought into conformity with Standard А2.3, paragraph 5(b)(ii) during the next preparation of the Law amending the Law on Maritime Navigation. The Committee requests the Government to take the requested measures in the near future.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that shipowners’ obligation to provide shore leave of seafarers is currently not prescribed. Recalling that, in accordance with Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Regulation 2.5 and Standard A2.5.1. Repatriation. The Committee noted that section 89, paragraphs 1 and 2, of the Law on Maritime Navigation which provides for the different circumstances in which a seafarer is entitled to repatriation, does not cover all the circumstances in which seafarers are entitled to repatriation under the Convention, in particular those provided for in Standard A2.5.1, paragraph 1(a) and (b)(ii). Moreover, regarding the maximum period of service on board a ship, the Committee noted that paragraph 3 of section 89 which provides that “the period of service on the ship after which the seafarer shall be entitled to repatriation shall be determined by the employment contract, but shall not be shorter than 12 months”, is not in conformity with Standard A2.5.1, paragraph 2(b), of the Convention which prescribes that such periods be less than 12 months. Furthermore, concerning paragraph 1 of the Law on Maritime Navigation which provides that if a seafarer disembarks in a port different from the port of embarkation, the shipowner is obliged to provide a return to the port of embarkation and if specified in the contract of employment, to provide a return to the place of permanent or temporary residence, the Committee drew the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, which provide that seafarers should have the right to choose the place to which they are to be repatriated from among the prescribed destinations which should include the place at which the seafarer agreed to enter into the engagement; the place stipulated by collective agreement; the seafarer’s country of residence or such other place as may be mutually agreed at the time of engagement. The Committee requested the Government to take the necessary measures, including by reviewing the corresponding provisions of the Law on Maritime Navigation to ensure conformity with Regulation 2.5 and the related provisions of the Code. Noting the Government’s indication that no changes have been introduced in this respect and that the Government intends to bring the Law on Maritime Navigation into conformity with Standard A2.5.1 during the next preparation of the Law amending the Law on Maritime Navigation, the Committee reiterates its request and expects that the relevant amendments will be introduced in the near future.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee noted that section 90(2) of the Law on Maritime Navigation provides that a shipowner has the right to recover the payment of all costs of the repatriation of seafarers who got off the ship without permission leading to the termination of the employment contract, or who got off the ship due to injury or disease he caused to himself intentionally or through gross negligence. The Committee requested the Government to explain how it ensures that the exceptions to the prohibition for shipowners to recover the cost of repatriation under section 90(2) of the Law on Maritime Navigation are limited to those cases in which the seafarer has been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee further requested the Government to indicate the procedure to be followed in this regard and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”. The Committee notes the Government’s indication that the Law on Maritime Navigation does not regulate what is considered to be a serious breach of obligations from the seafarers’ labour contract and thus, the provisions of the Labour Code are to be applied. Noting that this information does not answer the point raised in its previous comment, the Committee reiterates its request and urges the Government to indicate the measures taken to give effect to this provision of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. 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. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation is currently under the adoption procedure and will be passed by the end of 2018; this Law will include a number of provisions aimed at introducing the requirements of the 2014 amendments into the Serbian legislation. Hoping that the Law on Amendments will be adopted in the near future, 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 and, 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, 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, indicating in each case the applicable national provisions. The Committee also requests the Government 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 (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting the Government’s indication that the provisions under Title 3 will be applied through the adoption of technical rules for statutory certification of ships, the Committee requested the Government to provide information on any development in that regard. The Committee notes the Government’s statement that the procedure of adoption of technical rules for statutory certification of maritime ships is ongoing and that the rules are planned to be adopted by the end of 2018. The Committee requests the Government to adopt the necessary measures to implement Regulation 3 and the Code in the near future.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee noted that section 69(2)–(4) of the Law on Maritime Navigation states that shipowners shall provide, free of charge, medical care on board, including basic dental healthcare, and other services for health protection of seafarers working on board, in accordance with the provisions of the law governing healthcare. However, the Committee also noted that section 240(a) of the Law on Health Care states that foreigners shall bear themselves the cost of urgent medical assistance, as well as other kinds of health services provided to them, at their request, unless this law or international agreements provide otherwise. The Committee also noted that there seem to be no provisions regarding the shipowners’ obligation to bear the cost of medical care provided to seafarers while they are landed in a foreign port. Recalling that each Member shall ensure that medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers, applies to all seafarers on board regardless of their nationality (Standard A4.1, paragraph 1(d)), the Committee requested the Government to indicate how it gives effect to this provision of the Convention. Noting that the no measures have been taken by the Government in this regard, the Committee reiterates its previous requests.

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee noted that paragraph 7(2) of section 69 of the Law on Maritime Navigation provides that when illness or injury cause an inability to work, shipowners shall pay the earnings in whole or in part from the time when the seafarers are repatriated until their recovery. The Committee observed that this provision does not prescribe the percentage of the wages that shall be paid by the shipowner to the seafarer in such circumstance, as provided for in Standard A4.2, paragraph 3(b), of the Convention and requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation, which is currently in the adoption procedure and will be passed by the end of 2018, amends article 69(а). The Committee requests the Government to provide information on the adoption of the amendments and expects they will give full effect to Standard A4.2, paragraph 3(b).

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. Noting the Government’s indication that the shipowners’ obligation in Standard A4.2, paragraph 7 to safeguard the personal property of sick or injured or deceased seafarers and/or to return it to them or their next of kin was not prescribed, the Committee requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s answer that an alignment of the Law on Maritime Navigation with Standard А4.2, paragraph 7, is foreseen during the next preparation of the Law amending the Law on Maritime Navigation. The Committee requests the Government to indicate the measures taken in this regard.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee noted that article 69(a) of the Law on Maritime Navigation provides that the employer shall conclude an insurance policy or other financial security in order to cover claims for death or injury at work for seafarers. Noting that the insurance policy does not seem to cover long-term disability as provided for in Standard A4.2.1, paragraph 1(b), the Committee requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law on Amendments to the Law on Maritime Navigation, currently in the adoption procedure, amends article 69(а) in relation to insurances and other financial guarantees for long-term disability of the seafarer. The Committee requests the Government to provide information on the adoption of the amendments and expects they will give full effect to Standard A4.2.1, paragraph 1(b). 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. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation is currently under the adoption procedure and will be passed by the end of 2018; this Law will include a number of provisions aimed at introducing the requirements of the 2014 amendments into the Serbian legislation. Hoping that the Law on Amendments will be adopted in the near future, the Committee brings the Government’s attention to the following questions 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 do 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 situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claims 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, 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. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security 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 noted the Government’s indication that in order to implement the requirements of Regulation 4.3 and the Code, instructions and national guidelines for improving safety and health at work were planned for adoption in 2016 by the Ministry of Construction, Transport and Infrastructure and the Ministry of Labour, Employment, Veteran and Social Issues – Directorate for Safety and Health at Work. The Committee accordingly requests the Government to indicate any progress made in the implementation of these requirements of the Convention.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to provide clarifications regarding whether foreign seafarers residing in the Serbian territory have access to social security protection, mainly regarding medical care and sickness benefit, as required by Standard A4.5, and to indicate the relevant provisions. The Committee further requested the Government to indicate the provisions ensuring that foreign seafarers domiciled in Serbia are entitled to the unemployment benefit. Noting that the Government does not provide answer on these points, the Committee reiterates its previous request.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. Noting the Government’s indication that technical rules, a report containing information on the objectives, standards and assessment procedures concerning its inspection and certification system, as well as all the relevant documents related to inspection and enforcement and on-board complaints procedures were being prepared, the Committee expressed the hope that those documents will be adopted in the near future. The Committee notes the Government’s indication that the procedure of adoption of the technical rules for statutory certification of maritime ships is still ongoing and they are planned to be adopted by the end of 2018. The Committee requests the Government to adopt the necessary measures to implement Regulation 5.1.1 and the Code in the near future.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Noting the Government’s indication that domestic ships of less than 500 gross tonnage engaged in international voyages were not the subject of inspections according to the MLC, 2006, the Committee requested the Government to indicate how it gives effect to Regulation 5.1.4, paragraph 1. Noting that the Government does not provide an answer on this matter, the Committee reiterates its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 6 and 17. Flag State responsibilities. Inspection and enforcement. Independence of inspectors. Noting the Government’s indication that it had adopted no measures 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 (Standard A5.1.4, paragraphs 3, 6, 11(a) and 17), the Committee requested the Government to indicate the measures taken to that effect. The Committee notes the Government’s reply that, under the “Rulebook on requirements which must be met by a company managing a ro-ro ship or a fast passenger ship on these ships and conditions in terms of qualification and independence that must be fulfilled by inspectors of a recognized organization who are authorized to inspect domestic and foreign ro-ro ships and fast passenger ships”, the inspector conducting special examinations cannot have commercial interest in the company managing ships subject to inspection nor in any other company managing line transport towards and from the host country or ro-ro passenger ships or fast passenger vessels subject to the inspection. Furthermore, inspectors conducting special examinations cannot be employed with or take over the job on behalf of a non-governmental organization conducting the examinations on behalf of the state, or inspects the ship class or issues the certificates for ro-ro passenger ship or fast passenger vessel. The Committee takes note of this information.

Additional documents to be provided. The Committee further requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a sample document of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).

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 notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Serbia respectively on 18 January 2017 and 08 January 2019. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

General questions on application. Implementing measures. In its previous comment, the Committee noted the Government’s indication that there were 2,367 Serbian seafarers working on ships operating under the flag of other countries and that there were no ships flying the Serbian flag. The Committee requested the Government to report on any future developments in the maritime sector, as well as on progress made regarding the implementation of the Convention. The Committee notes the Government’s indication that: (i) the procedure of elaboration of technical rules for statutory certification of maritime ships is ongoing; (ii) the rules are planned to be adopted by the end of 2018; and (iii) the adoption of instructions on the execution of rules, standards and guidelines related to Titles 2, 3 and 4 of the Convention will follow the adoption of the technical rules. Noting the important delay regarding the initial schedule of adoption of the implementing legislation, the Committee expects that the technical rules and instructions will be adopted in the near future in order to give full effect to the provisions of the Convention.

Article VII of the Convention. Consultations. Noting that there were no active seafarers’ or shipowners’ organizations in Serbia, the Committee requested the Government to have recourse to the arrangement provided for in Article VII of the Convention. The Committee notes the Government’s indication that there are still no representative organizations of shipowners in the country and that, until they are established, consultations will be made in accordance with Article VII of the Convention. The Committee takes note of this information and requests the Government to inform it about any recourse to the Special Tripartite Committee.

Article II, paragraphs 1(f), 2 and 3. Definitions and scope of application. Seafarers. The Committee notes that the existing legislation does not contain a definition of the term “seafarer”. The Committee recalls that in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee requests the Government to indicate how the term “seafarer” is defined in the national legislation.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Noting the Government’s indication that the types of work considered as likely to jeopardize the health and safety of seafarers under the age of 18 had to be stipulated by the technical regulations for statutory certification of ships to be adopted in 2016, the Committee expressed the hope that the said regulations would be adopted in the near future. The Committee notes the Government’s information that the regulations are planned to be adopted by the end of 2018. Referring to its comments above, the Committee requests the Government to define the types of work considered hazardous in the near future to ensure conformity with the requirements of Standard A1.1, paragraph 4.

Regulation 1.4 and Standard A1.4, paragraph 5(a). Recruitment and placement. Recalling that Standard A1.4, paragraph 5(a), requires that Members prohibit seafarers’ recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified, the Committee requested the Government to indicate how it gives effect to this provision of the Convention. The Committee notes that the Government provides no answer to the question above. The Committee accordingly once again requests the Government to indicate the measures taken to implement Standard A1.4, paragraph 5(a).

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. Recalling that Standard A1.4, paragraph 5(c)(vi), requires that insurance or an equivalent appropriate measure must be in place to compensate seafarers for monetary loss they may incur as a result of the failure of a recruitment and placement service “or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”, the Committee requested the Government to indicate the measures taken to give effect to this requirement of the Convention. The Committee notes the Government’s indication in this regard that, to get an approval for conducting mediation services in employment of seafarers, the mediator is required to submit a request for issuance of an approval and an insurance policy from professional liability for financial losses that the seafarer is subject to as a result of omission in the work of the mediator in the amount of at least €5,000.00 in Serbian dinar counter-value per event. Mediators who obtain the approval are required to submit the extended insurance policies to the Ministry every year. The Government also informs that: (i) article 89, paragraph 7, of the Law on Maritime Navigation prescribes an obligation of a shipowner and/or employer to conclude an insurance or another financial guarantee for the purpose of paying the costs of repatriation of the members of the crew; and (ii) a draft Law amending the Law on Maritime Navigation will be adopted by the end of 2018 to incorporate the 2014 amendments to the Code of the MLC, 2006. The Committee observes that the obligation to provide financial security in conformity with the amendments to the Convention does not affect the obligations under Standard A1.4, paragraph 5(c)(vi). The Committee accordingly requests the Government to indicate the measures taken to give effect to Standard A1.4, paragraph 5(c)(vi), to compensate seafarers for monetary loss in case of failure of the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee requested the Government to provide clarifications concerning whether or not the Labour Code applies to national and foreign seafarers domiciled in Serbia engaged in ships not flying the Serbian flag. The Committee notes the Government’s indication that, pursuant to article 2, paragraphs 1 and 3, of the Labour Code, its provisions apply to employees assigned to work abroad by the employer, unless stipulated otherwise; its provisions also apply to employees employed in the field of transport, unless specific regulations stipulate otherwise. The Government further indicates that the Labour Code does not define the contracts on the seafarers’ work nor the term of “seafarer”; this is regulated by the Law on Maritime Navigation. Noting that it is not clear which national provisions implement Regulation 2.1 and the Code, which is a central element to ensure that seafarers benefit from the protection provided by the Convention, the Committee requests the Government to adopt the necessary measures without delay to give full effect to these provisions of the Convention. The Committee also noted that the standard form of a seafarer’s employment agreement provided by the Government does not include the signature of the shipowner, as required by Standard A2.1, paragraph 1, nor does it contain all the particulars listed under Standard A2.1, paragraph 4. It notes the Government’s explanation that, according to article 67(е), paragraph 4, of the Law on Maritime Navigation, a labour contract with a seafarer shall be signed by an employer or a mediator on behalf and in the name of the employer. The Government further indicates that article 30, paragraphs 2 and 3, of the Labour Code prescribes that a labour contract shall be concluded by an employee and an employer and it shall be deemed concluded when it is signed by both of them. The Committee notes that the Law on Maritime Navigation, the Labour Code and the model seafarers’ employment agreement refer to the signature of the seafarers’ employment agreement by the “employer” (or mediator) and not by the “shipowner”. Recalling the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II of the Convention, the Committee urges the Government to amend the relevant legislation and the standard form agreement to ensure that seafarers have an agreement signed by both the seafarer and the shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1. Furthermore, the Committee notes that article 33 of the Labour Code, although prescribing certain particulars for the employment agreements, does not contain the following particulars listed under Standard A2.1, paragraph 4: (g) the termination of agreement and the conditions thereof; (h) namely, the health and social security protection benefits to be provided to the seafarer by the shipowner; and (i) the seafarer’s entitlement to repatriation. These elements have not been included in the model seafarers’ employment agreement. The Committee accordingly once again requests the Government to review the existing legislation and the seafarers’ employment agreement’s standard form in order to give full application to these provisions of the Convention (Standard A2.1, paragraph 1 and Standard A2.1, paragraph 4(b), (g), (h) and (i)).

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreement. Termination. Shorter notice period for urgent reasons. Recalling that Standard A2.1, paragraph 6, of the Convention foresees that an employment agreement, under certain circumstances, can be terminated at shorter notice or without notice, and that each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reason is taken into account, the Committee requests the Government to indicate how effect is given to these requirements of the Convention.

Regulation 2.2 and Standard A2.2, paragraph 5. Wages. Allotments. Noting that there were no provisions regulating the charge for the allotment services in its national legislation, the Committee requested the Government to indicate the measures taken to give effect to Standard A2.2, paragraph 5. The Committee notes the Government’s reply that this issue is not regulated by the Law on Maritime Navigation. The Committee therefore reiterates its previous request.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee noted the existence of both minimum hours of rest and maximum hours of work regimes in the national legislation. The Committee recalled that Standard A2.3, paragraph 2, of the Convention requires Members to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. The first option is more favourable for the seafarer than the second. Noting that Standard A2.3, paragraph 2, should not be interpreted as to give shipowners or masters the discretion of selective application, the Committee requested the Government to ensure that the selected regime (either maximum hours of work or minimum hours of rest) is fixed. The Committee notes that the Government does not provide answer to its request. Consequently, the Committee once again requests the Government to take measures to ensure that the selected regime (either maximum hours of work or minimum hours of rest) is fixed in accordance with these provisions of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 5(b)(ii). Hours of work and hours of rest. Limits. The Committee noted that while the DMLC Part I prescribes 77 minimum weekly hours of rest, according to article 56 of the Law on Maritime Navigation, the minimum weekly hours of rest are 72. Recalling that Standard A2.3, paragraph 5(b)(ii), requires a minimum of 77 weekly hours of rest, the Committee requested the Government to take the necessary measures to bring the relevant legislation into conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law on Maritime Navigation will be brought into conformity with Standard А2.3, paragraph 5(b)(ii) during the next preparation of the Law amending the Law on Maritime Navigation. The Committee requests the Government to take the requested measures in the near future.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes the Government’s indication that shipowners’ obligation to provide shore leave of seafarers is currently not prescribed. Recalling that, in accordance with Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirements of their positions, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Regulation 2.5 and Standard A2.5.1. Repatriation. The Committee noted that section 89, paragraphs 1 and 2, of the Law on Maritime Navigation which provides for the different circumstances in which a seafarer is entitled to repatriation, does not cover all the circumstances in which seafarers are entitled to repatriation under the Convention, in particular those provided for in Standard A2.5.1, paragraph 1(a) and (b)(ii). Moreover, regarding the maximum period of service on board a ship, the Committee noted that paragraph 3 of section 89 which provides that “the period of service on the ship after which the seafarer shall be entitled to repatriation shall be determined by the employment contract, but shall not be shorter than 12 months”, is not in conformity with Standard A2.5.1, paragraph 2(b), of the Convention which prescribes that such periods be less than 12 months. Furthermore, concerning paragraph 1 of the Law on Maritime Navigation which provides that if a seafarer disembarks in a port different from the port of embarkation, the shipowner is obliged to provide a return to the port of embarkation and if specified in the contract of employment, to provide a return to the place of permanent or temporary residence, the Committee drew the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, which provide that seafarers should have the right to choose the place to which they are to be repatriated from among the prescribed destinations which should include the place at which the seafarer agreed to enter into the engagement; the place stipulated by collective agreement; the seafarer’s country of residence or such other place as may be mutually agreed at the time of engagement. The Committee requested the Government to take the necessary measures, including by reviewing the corresponding provisions of the Law on Maritime Navigation to ensure conformity with Regulation 2.5 and the related provisions of the Code. Noting the Government’s indication that no changes have been introduced in this respect and that the Government intends to bring the Law on Maritime Navigation into conformity with Standard A2.5.1 during the next preparation of the Law amending the Law on Maritime Navigation, the Committee reiterates its request and expects that the relevant amendments will be introduced in the near future.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee noted that section 90(2) of the Law on Maritime Navigation provides that a shipowner has the right to recover the payment of all costs of the repatriation of seafarers who got off the ship without permission leading to the termination of the employment contract, or who got off the ship due to injury or disease he caused to himself intentionally or through gross negligence. The Committee requested the Government to explain how it ensures that the exceptions to the prohibition for shipowners to recover the cost of repatriation under section 90(2) of the Law on Maritime Navigation are limited to those cases in which the seafarer has been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee further requested the Government to indicate the procedure to be followed in this regard and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”. The Committee notes the Government’s indication that the Law on Maritime Navigation does not regulate what is considered to be a serious breach of obligations from the seafarers’ labour contract and thus, the provisions of the Labour Code are to be applied. Noting that this information does not answer the point raised in its previous comment, the Committee reiterates its request and urges the Government to indicate the measures taken to give effect to this provision of the Convention.

Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. 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. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation is currently under the adoption procedure and will be passed by the end of 2018; this Law will include a number of provisions aimed at introducing the requirements of the 2014 amendments into the Serbian legislation. Hoping that the Law on Amendments will be adopted in the near future, 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 and, 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, 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, indicating in each case the applicable national provisions. The Committee also requests the Government 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 (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting the Government’s indication that the provisions under Title 3 will be applied through the adoption of technical rules for statutory certification of ships, the Committee requested the Government to provide information on any development in that regard. The Committee notes the Government’s statement that the procedure of adoption of technical rules for statutory certification of maritime ships is ongoing and that the rules are planned to be adopted by the end of 2018. The Committee requests the Government to adopt the necessary measures to implement Regulation 3 and the Code in the near future.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee noted that section 69(2)–(4) of the Law on Maritime Navigation states that shipowners shall provide, free of charge, medical care on board, including basic dental healthcare, and other services for health protection of seafarers working on board, in accordance with the provisions of the law governing healthcare. However, the Committee also noted that section 240(a) of the Law on Health Care states that foreigners shall bear themselves the cost of urgent medical assistance, as well as other kinds of health services provided to them, at their request, unless this law or international agreements provide otherwise. The Committee also noted that there seem to be no provisions regarding the shipowners’ obligation to bear the cost of medical care provided to seafarers while they are landed in a foreign port. Recalling that each Member shall ensure that medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers, applies to all seafarers on board regardless of their nationality (Standard A4.1, paragraph 1(d)), the Committee requested the Government to indicate how it gives effect to this provision of the Convention. Noting that the no measures have been taken by the Government in this regard, the Committee reiterates its previous requests.

Regulation 4.2 and Standard A4.2.1, paragraph 3. Shipowners’ liability. Incapacity. The Committee noted that paragraph 7(2) of section 69 of the Law on Maritime Navigation provides that when illness or injury cause an inability to work, shipowners shall pay the earnings in whole or in part from the time when the seafarers are repatriated until their recovery. The Committee observed that this provision does not prescribe the percentage of the wages that shall be paid by the shipowner to the seafarer in such circumstance, as provided for in Standard A4.2, paragraph 3(b), of the Convention and requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation, which is currently in the adoption procedure and will be passed by the end of 2018, amends article 69(а). The Committee requests the Government to provide information on the adoption of the amendments and expects they will give full effect to Standard A4.2, paragraph 3(b).

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. Noting the Government’s indication that the shipowners’ obligation in Standard A4.2, paragraph 7 to safeguard the personal property of sick or injured or deceased seafarers and/or to return it to them or their next of kin was not prescribed, the Committee requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s answer that an alignment of the Law on Maritime Navigation with Standard А4.2, paragraph 7, is foreseen during the next preparation of the Law amending the Law on Maritime Navigation. The Committee requests the Government to indicate the measures taken in this regard.

Regulation 4.2 and Standard A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee noted that article 69(a) of the Law on Maritime Navigation provides that the employer shall conclude an insurance policy or other financial security in order to cover claims for death or injury at work for seafarers. Noting that the insurance policy does not seem to cover long-term disability as provided for in Standard A4.2.1, paragraph 1(b), the Committee requested the Government to take the necessary measures to ensure conformity with this provision of the Convention. The Committee notes the Government’s indication that the Law on Amendments to the Law on Maritime Navigation, currently in the adoption procedure, amends article 69(а) in relation to insurances and other financial guarantees for long-term disability of the seafarer. The Committee requests the Government to provide information on the adoption of the amendments and expects they will give full effect to Standard A4.2.1, paragraph 1(b). 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. The Committee notes the Government’s indication that the Law amending the Law on Maritime Navigation is currently under the adoption procedure and will be passed by the end of 2018; this Law will include a number of provisions aimed at introducing the requirements of the 2014 amendments into the Serbian legislation. Hoping that the Law on Amendments will be adopted in the near future, the Committee brings the Government’s attention to the following questions 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 do 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 situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claims 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, 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. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security 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 noted the Government’s indication that in order to implement the requirements of Regulation 4.3 and the Code, instructions and national guidelines for improving safety and health at work were planned for adoption in 2016 by the Ministry of Construction, Transport and Infrastructure and the Ministry of Labour, Employment, Veteran and Social Issues – Directorate for Safety and Health at Work. The Committee accordingly requests the Government to indicate any progress made in the implementation of these requirements of the Convention.

Regulation 4.5 and the Code. Social security. The Committee requested the Government to provide clarifications regarding whether foreign seafarers residing in the Serbian territory have access to social security protection, mainly regarding medical care and sickness benefit, as required by Standard A4.5, and to indicate the relevant provisions. The Committee further requested the Government to indicate the provisions ensuring that foreign seafarers domiciled in Serbia are entitled to the unemployment benefit. Noting that the Government does not provide answer on these points, the Committee reiterates its previous request.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. Noting the Government’s indication that technical rules, a report containing information on the objectives, standards and assessment procedures concerning its inspection and certification system, as well as all the relevant documents related to inspection and enforcement and on-board complaints procedures were being prepared, the Committee expressed the hope that those documents will be adopted in the near future. The Committee notes the Government’s indication that the procedure of adoption of the technical rules for statutory certification of maritime ships is still ongoing and they are planned to be adopted by the end of 2018. The Committee requests the Government to adopt the necessary measures to implement Regulation 5.1.1 and the Code in the near future.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Noting the Government’s indication that domestic ships of less than 500 gross tonnage engaged in international voyages were not the subject of inspections according to the MLC, 2006, the Committee requested the Government to indicate how it gives effect to Regulation 5.1.4, paragraph 1. Noting that the Government does not provide an answer on this matter, the Committee reiterates its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 6 and 17. Flag State responsibilities. Inspection and enforcement. Independence of inspectors. Noting the Government’s indication that it had adopted no measures 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 (Standard A5.1.4, paragraphs 3, 6, 11(a) and 17), the Committee requested the Government to indicate the measures taken to that effect. The Committee notes the Government’s reply that, under the “Rulebook on requirements which must be met by a company managing a ro-ro ship or a fast passenger ship on these ships and conditions in terms of qualification and independence that must be fulfilled by inspectors of a recognized organization who are authorized to inspect domestic and foreign ro-ro ships and fast passenger ships”, the inspector conducting special examinations cannot have commercial interest in the company managing ships subject to inspection nor in any other company managing line transport towards and from the host country or ro-ro passenger ships or fast passenger vessels subject to the inspection. Furthermore, inspectors conducting special examinations cannot be employed with or take over the job on behalf of a non-governmental organization conducting the examinations on behalf of the state, or inspects the ship class or issues the certificates for ro-ro passenger ship or fast passenger vessel. The Committee takes note of this information.

Additional documents to be provided. The Committee further requests the Government to provide the following documents and information: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); a sample document of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It further notes that the Government previously ratified 11 maritime labour Conventions, all of which were denounced following the entry into force of the Convention for Serbia. 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.

General questions on application. Implementing measures. The Committee notes the Government’s statement that there are 2,367 Serbian seafarers working on ships operating under the flag of other countries, that Serbia is a landlocked country, and that there are currently no ships flying the Serbian flag. It notes the amendments to the Law on Maritime Navigation, and the elaboration of several documents implementing the MLC, 2006, including Part I of the Declaration of Maritime Labour Compliance (DMLC). Moreover, the Committee notes the Government’s indication that in order to fully implement the Convention, the adoption of both technical rules for the statutory certification of ships and instructions of the Minister of Construction, Transport and Infrastructure on the execution of rules, standards and guidelines in Titles 2, 3 and 4 of the Convention are expected to be adopted soon. The Committee requests the Government to report on any future developments in the maritime sector, which would have a bearing on the application of the flag State requirements of the Convention and hopes that the technical regulations and instructions will be adopted in the near future. It requests the Government to provide a copy of them once they are adopted.

Consultations. The Committee notes the Government’s indication that there are no active seafarers’ or shipowners’ organizations in Serbia. The Committee recalls that under Article VII of the Convention, any derogation, exemption or other flexible application for which the Convention requires consultations may, in cases where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. The Committee requests the Government to have recourse to the arrangement provided for in Article VII of the Convention until seafarers’ and shipowners’ organizations are established in the country.

Standard A1.1, paragraph 4 of the Convention. Hazardous work. The Committee notes section 57, paragraph 1 of the Law on Maritime Navigation according to which employment on board of people under the age of 18 is forbidden where the work is likely to endanger their health or safety, in accordance with relevant international standards. The Committee also notes the Government’s indication that the types of work considered as likely to jeopardize the health and safety of seafarers under the age of 18, shall be stipulated by technical regulations for statutory certification of ships, whose adoption was planned for the first quarter of 2016. The Committee hopes that the technical regulations will be adopted in the near future in conformity with Standard A1.1, paragraph 4, and requests the Government to provide a copy once they are adopted.

Regulation 1.4 and the Code. Recruitment and placement. Regulation 5.3 and the Code. Labour-supplying responsibilities. Article V, paragraph 5. The Committee notes that section 67ž of the Law on Maritime Navigation provides that the mediator shall not take action in order to prevent seafarers from obtaining employment. The Committee recalls that Standard A1.4, paragraph 5(a), requires that Members prohibit seafarers’ recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified. The Committee requests the Government to indicate how it gives effect to this provision of the Convention. Moreover, the Committee notes that paragraph 2 of section 1 of the Regulation on the procedure and method of issuing approval for conducting mediation services in employment, provides that an insurance policy from professional liability for financial losses that the seafarer is subject to as a result of omission in the work of mediators, has to be submitted with the written request for the issuance of the agency’s approval. The Committee recalls that Standard A1.4, paragraph 5(c)(vi), of the Convention requires that insurance or an equivalent appropriate measure must also be in place to compensate seafarers for monetary loss they may incur as a result of the failure of a recruitment and placement service “or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them”. The Committee requests the Government to provide information with respect to the obligation under Standard A1.4, paragraph 5(c)(vi), of the Convention regarding protection in the event of a failure by a shipowner to meet its obligations to the seafarer.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s indication that these provisions of the Convention are implemented through the Labour Code. The Committee notes that certain provisions of the Labour Code are not in conformity with the requirements of this Regulation. However, before raising them, the Committee wishes to seek clarification on the scope of application of the Labour Code. The Committee notes in this regard that paragraph 1 of section 2 of the Labour Code states that its provisions apply to all employees who work in the territory of the Republic of Serbia with a national or foreign legal entity and/or a natural person (employer), as well as to employees assigned to work abroad by an employer. The Committee requests the Government to provide clarifications concerning whether or not the Labour Code applies to national and foreign seafarers domiciled in Serbia engaged in ships not flying the Serbian flag.

The Committee notes that the standard form example of a seafarer’s employment agreement provided by the Government does not include the signature of the shipowner, as required by Standard A2.1, paragraph 1, of the Convention, nor does it contain the following particulars listed under Standard A2.1, paragraph 4, of the Convention: (b) the shipowner address; (g) the termination of agreement and the conditions thereof; (h) the health and social security protection benefits to be provided to the seafarer by the shipowner; and (i) the seafarer’s entitlement to repatriation. In this respect, the Committee observes that although the Convention does not establish a standard format for a seafarers’ employment agreement, the agreements must include the matters set out in Standard A2.1, paragraph 4, of the Convention. Accordingly the Committee requests the Government to review the Seafarers’ Employment Agreement’s standard form in order to give full application to this provision of the Convention.

Standard A2.2, paragraph 5. Wages. Allotment services. The Committee recalls that Standard A2.2, paragraph 5, of the Convention requires that allotment services, which provide seafarers with means to transmit all or part of their earnings to their families, dependents or legal beneficiaries, be charged at a reasonable amount and that the rate of currency exchange be at the prevailing market rate or the official published rate and not unfavourable to the seafarers. The Committee notes the Government’s indication that there are no provisions in this regard. The Committee requests the Government to provide information with respect to measures it has adopted to give effect to this provision of the Convention.

Regulation 2.3 and Standard A2.3. Hours of work and hours of rest. The Committee notes the existence of both minimum hours of rest and maximum hours of work regimes. The Committee recalls that Standard A2.3, paragraph 2, of the Convention requires Members to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. The first option is more favourable for the seafarer than the second. Noting that Standard A2.3, paragraph 2, should not be interpreted as to give shipowners or masters the discretion of selective application, the Committee requests the Government to ensure that the selected regime (either maximum hours of work or minimum hours of rest) is fixed.

Moreover, the Committee notes that while the DMLC prescribes 77 minimum weekly hours of rest, according to article 56 of the Law on Maritime Navigation, the minimum weekly hours of rest are 72. The Committee recalls that Standard A2.3, paragraph 5(b)(ii), of the Convention requires a minimum of 77 weekly hours of rest. The Committee requests the Government to take the necessary measures to bring the relevant legislation into conformity with this provision of the Convention.

Regulation 2.5. Entitlement to repatriation. The Committee notes that paragraphs 1 and 2 of section 89 of the Law on Maritime Navigation which provides for the different circumstances in which a seafarer is entitled to repatriation, do not cover all the circumstances in which seafarers are entitled to repatriation under the Convention, in particular those provided for in Standard A2.5, paragraph 1(a) and (b)(ii). Moreover, regarding the maximum period of service on board a ship, the Committee notes that paragraph 3 of section 89 which provides that “the period of service on the ship after which the seafarer shall be entitled to repatriation shall be determined by the employment contract, but shall not be shorter than 12 months”, is not in conformity with Standard A2.5, paragraph 2(b), of the Convention which prescribes that such periods be less than 12 months. Furthermore, concerning paragraph 1 of the Law on Maritime Navigation which provides that if a seafarer disembarks in a port different from the port of embarkation, the shipowner is obliged to provide a return to the port of embarkation and if specified in the contract of employment, to provide a return to the place of permanent or temporary residence, the Committee draws the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, which provide that seafarers should have the right to choose the place to which they are to be repatriated from among the prescribed destinations which should include the place at which the seafarer agreed to enter into the engagement; the place stipulated by collective agreement; the seafarer’s country of residence or such other place as may be mutually agreed at the time of engagement. The Committee requests the Government to take the necessary measures, including by reviewing the corresponding provisions of the Law on Maritime Navigation to ensure conformity with Regulation 2.5 and the related provisions of the Code.

The Committee further notes that section 90(2) of the Law on Maritime Navigation provides that a shipowner has the right to recover the payment of all costs of a return trip by seafarers who got off the ship without permission leading to the termination of the employment contract, or who got off the ship due to injury or disease he caused to himself intentionally or through gross negligence. The Committee recalls, in this respect, that Standard A2.5, paragraph 3, of the Convention provides an exception where “the seafarer has been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations”. The Committee accordingly requests the Government to explain how it ensures that the exceptions under section 90(2) of the Law on Maritime Navigation are limited to those cases in which the seafarer has been found in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee further requests the Government to indicate the procedure to be followed in this regard and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”.

Title 3. Accommodation, recreational facilities, food and catering. The Committee notes the Government’s indication that the provisions under this Title will be applied through the adoption of technical rules for statutory certification of ships. The Committee hopes that the technical regulations and instructions will be adopted in the near future and requests the Government to provide a copy of them once they are adopted.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes that section 69(2)–(4) of the Law on Maritime Navigation states that shipowners shall provide, free of charge, medical care on board, including basic dental health care, and other services for health protection of seafarers working on board, in accordance with the provisions of the law governing health care. However, the Committee also notes that section 240(a) of the Law on Health Care states that foreigners shall bear themselves the cost of urgent medical assistance, as well as other kinds of health services provided to them, at their request, unless this law or international agreements provide otherwise. The Committee recalls that Standard A4.1, paragraph 1(d), of the Convention, according to which each member shall ensure that medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers, applies to all seafarers on board regardless of their nationality. Moreover, the Committee notes that there seem to be no provisions regarding the shipowners’ obligation to bear the cost of medical care provided to seafarers while they are landed in a foreign port. The Committee requests the Government to provide clarifications on how it gives effect to this provision of the Convention.

Regulation 4.2. Shipowners’ liability. The Committee notes that paragraph 7(2) of section 69 of the Law on Maritime Navigation provides that when illness or injury cause an inability to work, shipowners shall pay the earnings in whole or in part from the time when the seafarers are repatriated until their recovery. The Committee observes that this provision does not prescribe the percentage of the wages that shall be paid by the shipowner to the seafarer in such circumstance, as provided for in Standard A4.2, paragraph 3(b), of the Convention. Furthermore, the Committee notes that article 69a of the Law on Maritime Navigation provides that the employer shall conclude an insurance policy or other financial security in order to cover claims for death or injury at work for seafarers. The Committee observes that the insurance policy does not seem to cover long-term disability as provided for in Standard A4.2, paragraph 1(b), of the Convention. Finally, the Committee notes the Government’s indication that the shipowners’ obligation in Standard A4.2, paragraph 7, of the Convention to safeguard the personal property of sick or injured or deceased seafarers and/or to return it to them or their next of kin is currently not prescribed. The Committee requests the Government to take the necessary measures to ensure conformity with these provisions of the Convention.

Regulation 4.5 and the Code. Social security. Regulation 5.3 and the Code. Labour-supplying responsibilities. The Committee notes that upon ratification of the Convention, Serbia declared that the branches for which it provides social security protection to seafarers in accordance with Standard A4.5, paragraphs 1, 2 and 10 of the Convention, are medical care, sickness benefit, unemployment benefit and employment injury benefit. The Committee notes that sections 17 of the Law on Health Insurance, and 11 of the Law on Pension and Disability Insurance include in their scope of application nationals employed abroad by foreign employers when no foreign health insurance applies to them. The Committee also notes that section 240a of the Law on Health Care provides that foreigners shall bear themselves the cost of urgent medical assistance, as well as other kinds of health services provided to them, at their request. The Committee requests the Government to provide clarifications regarding whether foreign seafarers residing in the Serbian territory have access to social security protection, mainly regarding medical care and sickness benefit, as required by Standard A4.5, and to indicate the relevant provisions. Moreover, the Committee notes that section 64 of the Law on Employment and Unemployment Insurance, which provides that mandatory unemployment insurance is part of the citizens’ mandatory social insurance system, whereby unemployment rights are ensured on the basis of the principles of mandatory participation, reciprocity and solidarity, excludes foreign people residing in Serbia from the mandatory unemployment benefit. The Committee requests the Government to indicate by means of which provisions foreign seafarers domiciled in Serbia are entitled to the unemployment benefit.

Regulation 5.1.1. Flag State responsibilities. General principles. The Committee notes the Government’s indication that in 2016 the procedure of appointment of flag State inspectors for the implementation of the MLC, 2006 was expected to be initiated. The Committee further notes that Serbia has concluded agreements with several recognized organizations and that section 18 of the Law on Maritime Navigation provides that the ability of the ship to sail under section 17 shall be determined by a recognized organization in accordance with the provisions of the technical rules for the statutory certification of ships. Lastly, the Committee notes the Government’s indication that the technical rules, a report containing information on the objectives, standards and assessment procedures concerning its inspection and certification system, as well as all the relevant documents related to inspection and enforcement and on board complaints procedures, are being prepared. Hoping that all the abovementioned documents will be adopted in the near future, the Committee requests the Government to provide a copy of them once they are adopted.

Regulation 5.1.4. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indication that domestic ships engaged in international voyages with less than 500 gross tonnage are not the object of inspections according to the MLC, 2006. The Committee recalls that according to Regulation 5.1.4 each Member shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of this Convention as implemented in national laws and regulations. Moreover, the Committee notes the Government’s indication that it has adopted no measures 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 required by Standard A5.1.4, paragraphs 3, 6, 11(a) and 17, of the Convention. The Committee requests the Government to indicate how it gives effect to these provisions of the Convention.

[The Government is asked to reply in full to the present comments in 2018.]