Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo marítimo, 2006 (MLC, 2006) - Federación de Rusia (Ratificación : 2012)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes the Government’s indication, in reply to its previous comment, that Articles 214 and 224 of the Labour Code regulate the establishment of occupational safety and health committees (commissions) at the initiative of the employer and/or of the employees or their representative bodies, and that in development of article 224 of the Labour Code, Order of the Russian Ministry of Labour No. 650n of 22 September 2021 approved the model regulations on occupational safety and health committees (commissions). The Committee further notes the observations of the FPRMT, that Section 6 “Occupational Safety and Health”, paragraph 6.4, of the Federal Industry Agreement for Maritime Transport for 2024-27 implements Standard A4.3, paragraph 2(d), of the Convention and provides that in accordance with the MLC, 2006, on ships with a crew of at least five people, ship committees on occupational safety (and health) shall be created. The Committee takes note of this information, which addresses its previous request.

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

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

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

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

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

Regulation 5.1.4 and Standard A5.1.4, paragraphs 7 and 9. Flag State responsibilities. Inspection and enforcement. Powers of inspectors. Noting the absence of reply to its previous comment in this regard,the Committee once again requests the Government to indicate how it gives effect to Standard A5.1.4, paragraph 7, so that inspectors are issued clear guidelines as to the tasks to be performed and provided with proper credentials, are empowered to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of this Convention (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.

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

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

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

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