Solicitud directa (CEACR) - Adopción: 2000, Publicación: 89ª reunión CIT (2001)

The Committee notes the Government’s reports. It notes the Government’s indication that the repatriation of seamen will be regulated in a new Merchant Shipping Code which is currently under preparation. The Committee requests the Government to provide a copy of the new Code when adopted.

1.  The Committee notes that while Article 3, paragraph 1, of the Convention does not limit the duty of the shipowner to repatriate a seafarer in case of termination of the employment on the initiative of the shipowner, article 47 of the Merchant Shipping Code actually establishes such limitation. The Committee requests the Government to indicate measures taken or envisaged to bring national legislation into conformity with this provision of the Convention.

2.  The Committee asks the Government to provide further information on the following points.

Article 3, paragraph 2.  Please indicate whether national legislation gives effect to this provision.

Article 3, paragraph 3.  Please indicate how the Government ensures that the ports indicated in the collective agreement fall under one of the four categories of places where the duty of repatriation is deemed to have been duly performed.

Article 3, paragraph 4.  The Committee asks the Government to clarify: (i) whether the limitation on the national composition of the vessel’s crews established by article 41 of the Merchant Shipping Code is still applicable in respect of vessels flying the flag of Azerbaijan, and (ii) whether article 47 of the Merchant Shipping Code would be applicable to the repatriation of foreign seamen employed on such vessels.

Article 4.  Please indicate the specific provisions of the national legislation that prohibit to place on the seaman the expenses of repatriation if he has been left behind by reasons listed in Article 4 of the Convention.

Article 5, paragraph 1.  Please indicate what provisions of the national legislation define the scope of the term "maintenance" and whether it specifically includes the "free" accommodation and the food of the seaman during the repatriation journey.

Article 5, paragraph 2.  Please indicate what provisions of the national legislation give effect to Article 5, paragraph 2, of the Convention.