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Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention du travail maritime, 2006 (MLC, 2006) - Estonie (Ratification: 2016)

Autre commentaire sur C186

Demande directe
  1. 2023
  2. 2019

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The Committee notes the Government’s first and second reports on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified seven Conventions on maritime labour which have been denounced following the entry into force of the MLC, 2006, for Estonia. It notes that Estonia has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2014 by the International Labour Conference and is therefore not bound by these amendments. The Committee further notes that the amendments to the Code approved by the International Labour Conference in 2016 entered into force for Estonia on 8 January 2019. 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.
Article II, paragraphs 1(i), 4, 5, 6 and 7. Definitions and scope of application. Ships. National determination. Ships under 200 gross tonnage. The Committee notes that the Estonian fleet is mainly composed of ships of less than 200 gross tonnage. Regarding ships under 200 gross tonnage not engaged in international voyages, the Government indicates that while the majority of the provisions in Estonian legislation are applicable to them, a number of provisions do not apply for these ships. It is the case, for example, of paragraph 23 of the SEA regarding transfer of wages to the bank account of a third person and paragraph 72 of the SEA regarding obligations of employment placement service provider. The Committee recalls that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage or size. The Committee further recalls that Article II, paragraph 6, provides flexibility with respect to the application of “certain details of the Code” to ships of less than 200 gross tonnage that do not voyage internationally. This flexibility can only be applied by the competent authority in consultation with the shipowners’ and seafarers’ organizations concerned and in the specific circumstances provided for in Article II. The Committee requests the Government to specify whether and how the flexibility applied to ships under 200 gross tonnage has been decided in accordance with the requirements of the Convention.
Consultations with shipowners’ and seafarers’ organizations. The Committee recalls that ratifying members are required, under various provisions of the Convention, to make determinations after consultations with shipowners’ and seafarers’ organizations. The Committee notes that in several occasions, the Government has adopted laws and regulations with a view to implement the Convention but has not indicated if these had been adopted after such consultations. This is the case, for example, in relation to Standard A1.1, paragraph 4 (minimum age for work likely to jeopardize the health or safety of seafarers); Standard A2.1, paragraph 5 (minimum notice period for early termination of a seafarers’ employment agreement); and Standard 1.4, paragraph 2 (establishment of a system of licensing or certification for recruitment and placement agencies). The Committee requests the Government to indicate how it has given effect to the Convention’s requirements regarding consultations.
Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee notes the Government’s indication that under paragraph 49 of the Employment Contracts Act of 17 December 2008 (ECA), an employee who is 15–17 years of age and who is not subject to the obligation to attend school is not allowed to work from 10 p.m. to 6 a.m. The Committee recalls that according to the Convention, “night” shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. (Standard A.1.1, paragraph 2). Noting that the definition of night under the Estonian legislation covers a period of eight hours, the Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the prohibition of hazardous work for young seafarers under paragraph 7, 2 of the ECA as well as Regulation on the list of hazardous occupations where employment of minors is prohibited (No. 94/2009) (RT I 2009, 31, 196). The Committee observes that under paragraph 5 of the above-mentioned Regulation, exceptions to the prohibition of hazardous work are possible when the work is conducted in the framework of an internship and under supervision. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee requests the Government to take the necessary measures to ensure that the types of work considered to be hazardous for the maritime sector are prohibited without exceptions.
Regulation 1.2 and Standard A1.2, paragraph 5. Medical Certificate. Right to have a further examination. Noting the absence of information on this point, the Committee requests the Government to indicate how it gives effect to Standard A1.2, paragraph 5.
Regulation 1.2 and Standard A1.2, paragraph 4. Medical Certificate. Qualified medical practitioner. Independence. The Committee notes the Government’s indication that medical practitioners are approved by the Health Board. Noting the absence of information regarding the independence that practitioners must enjoy in exercising their medical judgement in undertaking medical examination procedures, the Committee requests the Government to indicate how effect is given to Standard A1.2, paragraph 4.
Regulation 1.4 and Standard A1.4, paragraph 2. Recruitment and placement. Noting the absence of information on this point, the Committee requests the Government to provide information on the number of private recruitment and placement system operating in its country.
Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s indication that, according to paragraph 72 of the SEA, any proprietary damage suffered by a crew member due to an employment placement service provider’s failure to perform its obligations or improper performance of obligations shall be compensated for by the service provider pursuant to the procedure for compensation for damage provided by the Law of Obligations Act. The Committee recalls that a Member adopting private seafarer recruitment and placement system, shall ensure that seafarer recruitment and placement services operating in its territory establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers 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 (Standard A1.4, paragraph 5(c)(vi)). The Committee requests the Government to indicate the measures taken to give effect to this specific requirement of the Convention.
Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes that the Government has provided no information regarding Regulation 1.4, paragraph 3, and Standard A1.4, paragraphs 9 and 10. The Committee accordingly requests the Government to indicate the measures adopted to give effect to these requirements of the Convention.
Regulation 2.1 and Standard A2.1, paragraph 1(a) and (c). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Signed original. The Committee notes the information provided by the Government in relation to the data to be included in the employment contracts as well as the minimum particulars of the seafarer’s employment agreement. Noting the absence of information regarding the requirements of Standard A2.1, paragraph 1(a) and (c), the Committee requests the Government to indicate how it ensures that seafarers have a seafarers’ employment agreement signed by both the seafarer and the shipowner or a representative of the shipowner and that the seafarer has an original SEA signed by both the shipowner and the seafarer.
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that paragraph 8 of the SEA refers to the seafarers’ discharge book or certificate of record of service on ships. However, the Committee has not identified provisions regarding the content of these documents. Recalling that the record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages, the Committee requests the Government to indicate how it gives effect to Standard A2.1, paragraphs 1(e) and 3.
Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the Government refers to paragraph 5 of the ECA and paragraph 9 of the SEA, which contain many, but not all, of the matters listed in Standard A2.1, paragraph 4. The Committee observes that the points included in Standard A2.1, paragraph 4(a), (c), (f) and (g), are missing. The Committee accordingly requests the Government to indicate how it ensures that the content of seafarer’s employment agreements fully complies with the Convention.
Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account of the payments. The Committee notes the Government’s indication that the existing legislation does not clearly regulate the items which must be included in the monthly account of seafarers. The Committee accordingly requests the Government to indicate the measures taken to comply with Standard A2.2, paragraph 2, requiring that seafarers shall be given a monthly account of the payments due and the amounts paid.
Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes the Government’s indication that, according to paragraph 23 of the SEA, on board ships with a gross tonnage of 200 or more, engaged in international shipping, the operator shall ensure that the crew members have the possibility to transfer their wages to the bank account of a third person. Noting that the Government has not indicated the specific provisions giving effect to Standard A2.2, paragraphs 4(b) and 5, the Committee requests the Government to indicate the measures taken in this regard. Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage, the Committee further requests the Government to specify how ships with a gross tonnage of less 200 are provided with the protection under the Convention regarding requirements of Standard A2.2, paragraphs 3, 4 and 5.
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes the Government’s indication that, according to paragraph 43 of the ECA, it is presumed that an employee works 40 hours over a period of seven days (full-time work), unless the employer and the employee have agreed on a shorter working time (part-time work). While noting this information, the Committee requests the Government to indicate how it gives effect to Standard A2.3, paragraph 3.
Regulation 2.3 and Standard A2.3, paragraphs 5 and 6. Hours of work and hours of rest. Division of hours of rest. Collective agreements. The Committee notes the Government’s indication that for good reasons, an exception to the division of rest time into maximum of two periods, as well as to a minimum of 77 hours of rest, may be made for a watchkeeper in order to keep the ship in operation, provided the daily rest time is not divided within a period of 24 hours into more than three periods, and the rest time within a period of seven days is at least 70 hours. The Committee recalls that the limits on hours of work or rest shall not exceed those established under Standard A2.3, paragraph 5, and that any exceptions to paragraphs 5 and 6 of this Standard which do not fall within those covered by paragraph 14 (immediate safety of the ship, persons on board or cargo, or assistance to other ships or persons in distress at sea) must follow the requirements of Standard A2.3, paragraph 13, and be provided by collective agreements. The Committee requests the Government to indicate the measures taken to ensure conformity with these requirements of the Convention.
Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that annual holiday of crew members is 35 calendar days. The Committee further notes that according to paragraph 53 of the SEA, crew members have the right to a holiday after working six months without interruptions on board the same ship or on board the same operator’s ship. The Committee recalls that annual paid leave shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment (Standard A2.4, paragraph 2) and that, according to Guideline B2.4.1, paragraph 3, for seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro rata basis. The Committee requests the Government to specify the method of calculation of paid annual leave for periods shorter than one year or in the event of termination of the employment relationship. The Committee further requests the Government to clarify whether justified absences from work are not considered as annual leave (Standard A2.4, paragraph 2).
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Noting that the Government has provided no information on this point, the Committee recalls that, in accordance with Regulation 2.4, paragraph 2, seafarers shall be granted shore leave to benefit their health and well-being, consistent with the operational requirements of their positions. The Committee therefore requests the Government to indicate how it gives effect to this provision of the Convention.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication that, according to paragraph 55 of the SEA, if the operator extraordinarily cancels a seafarer’s employment contract due to a violation of duties or the crew member’s illness or injury which the crew member withheld upon the entry into the seafarer’s employment contract or which he or she intentionally inflicted on himself or herself, the operator may require the crew member to compensate for the costs of his or her repatriation. The Government adds that in such cases the operator may offset the costs by the crew member’s claim for wages without the crew member’s consent. With regard to the possibility to recover the cost of the repatriation from the seafarer, the Committee underlines that it is conditioned to the seafarer 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 notes in this regard that paragraph 55 of the SEA refers to “a violation of duties” while the Convention prescribes stricter conditions by referring to “serious default of the seafarer’s employment obligations”. The Committee requests the Government to clarify how it ensures full compliance with Standard A2.5.1, paragraph 3. The Committee further requests the Government to provide information on the procedure to be followed and standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarer’s employment obligations”.
Regulation 2.6 and Standard A2.6. Compensation for the ship’s loss or foundering. The Committee recalls that, noting the absence of specific legislation giving effect to the requirements of the Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8), it has requested the Government to adopt the necessary measures in that regard. The Committee notes that, according to the information provided by the Government, no new measures have been taken to implement Regulation 2.6, which incorporates the requirements of Convention No. 8. Indeed, the Government points out to the legislation existing before the ratification of the MLC, 2006. The Committee therefore requests the Government to indicate the measures taken to give effect to Regulation 2.6 and the Code.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes the Government’s indication that Regulation No. 112 concerning requirements for accommodation of crew members on board the ship applies only to commercial ships over 24 metres of length and to fishing vessels. Recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage or size, and that exceptions for the ships of less than 200 GT are allowed by Standard A.3.1, paragraphs 20 and 21, only under certain conditions, the Committee requests the Government to inform how vessels of less than 24 metres and vessels under 200 gross tonnage covered by the Convention are provided with the protection required under Regulation 3.1 and the Code.
Regulation 3.1 and Standard A3.1, paragraph 7. Accommodation and recreational facilities. Ventilation and heating. The Committee notes that no information has been provided regarding air conditioning equipment for separate radio room and for any centralized machinery control room (Standard A3.1, paragraph 7(b)). The Committee requests the Government to indicate how it gives effect to this requirement the Convention.
Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee notes the Government’s indications on the minimum floor requirements to be met for each cabin not including space for seats, closets, chests and seating areas. The Committee notes that according to Guideline B.3.1.5, paragraph 6, the space occupied by berths and lockers, chests of drawers and seats should be included in the measurement of the floor area. Given that the measurement used by the Government differs from the one established in the Convention, it is difficult for the Committee to assess compliance with Standard A3.1, paragraph 9(f). The Committee requests the Government to provide detailed information on how it insures that its legislation complies with this requirement of the Convention. Noting that the Government has provided no information regarding Standard A3.1, paragraph 9(a), (b) and (g)–(m), the Committee further requests the Government to inform how it gives effect to these provisions of the Convention.
Regulation 3.1 and Standard A3.1, paragraphs 11 and 15. Accommodation and recreational facilities. The Government has not provided information on the implementation of Standard A3.1, paragraph 11(a) (separate sanitary facilities for men and for women), Standard A3.1, paragraph 11(b) (sanitary facilities near the navigation bridge, the machinery space of the engine room control centre) nor Standard A3.1, paragraph 15 (ship’s offices). The Committee therefore requests the Government to indicate how it gives effect to these provisions of the Convention.
Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital accommodation. The Committee notes the Government’s indication that for a ship of more than 500 gross tonnage and with at least 15 crew members and navigating for more than three days, crew members must have at their disposal a sickbay used exclusively for medical assistance and other medical purposes. The Committee recalls that the obligation to provide separate hospital accommodation applies to all vessels carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration; the competent authority may relax this requirement for ships engaged in coastal trade (Standard A3.1, paragraph 12). The Committee accordingly requests the Government to indicate the measures taken to give full effect to Standard A3.1, paragraph 12.
Regulation 4.1 and Standard A4.1, paragraphs 1, 3 and 4. Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. With regard to the measures adopted to ensure health protection of seafarers on board, the Committee notes the Government’s reference to paragraph 32 of the SEA, according to which operators shall ensure the provision of medical care for crew members on board ship. The Government further indicates that requirements for the organization of medical care on board ship and the list of medical equipment required on board ship is established by a regulation of the minister responsible for the field. Noting that the Government has not provided further information regarding the relevant regulation, the Committee requests the Government to provide detailed information on the measures adopted to meet the requirements of Standard A4.1, paragraphs 1(a), 3 and 4(c).
Regulation 4.1 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. The Committee notes the Government’s reference to paragraph 33 of the SEA, according to which the master of the ship shall send the crew member to a health care provider for treatment if a crew member’s illness or injury does not allow for the crew member to be treated on board ship or if the crew member’s illness jeopardizes the health or life of the crew member or other persons on board the ship or if it is not possible to take any measures for avoiding the spread of the illness. The Committee recalls that, under Standard A4.1, paragraph 1(c), seafarers have the right to visit a qualified medical doctor or dentist without delay in ports of call, where practicable. Noting that paragraph 33 of the SEA does not explicitly mention this right, the Committee requests the Government to provide clarification as to how effect is given to this provision of the Convention.
Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. Dental care. The Committee notes the Government’s reference to the SEA, paragraph 34, according to which operators shall bear the costs related to the provision of medical care for an ill or injured crew member on board ship or at a health care provider, including the costs of food, catering and accommodation. Noting that no explicit reference is done to dental treatment, as required under Standard A4.1, paragraph 1(d), the Committee requests the Government to provide clarifications on how it gives effect to this provision of the Convention.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Minimum Requirements. Medical advice by radio or satellite. The Committee notes the Government’s indication that, according to paragraph 32 of the SEA, operators shall ensure the possibility for a medical long-distance consultation on board ship in Estonian and English 24 hours a day. The Government further indicates that for the provision of medical long-distance consultation services free of charge, the Estonian Health Insurance Fund shall enter into a contract under public law with a health care provider; the provision of the services shall be funded through the budget of the Estonian Health Insurance Fund. The Committee requests the Government to clarify whether a system of radio or satellite communication to provide medical advice is already available free of charge as required by Standard A4.1, paragraph 4(d)).
Regulation 4.1 and Standard A4.1, paragraphs 3 and 4. Medical care ashore. The Committee notes that the Government’s indication that everyone in need of medical care have access to medical facilities in Estonia. The Committee recalls that Regulation 4.1, paragraph 3, refers to a port State obligation and provides that each Member shall ensure that seafarers on board ships in its territory who are in need of immediate medical care are given access to the Member’s medical facilities on shore. The Committee consequently requests the Government to provide information on how it ensures implementation of this provision of the Convention.
Regulation 4.2 and Standard A4.2.1, paragraph 1(d). Shipowners’ liability. Minimum Standards. Burial expenses. The Committee notes the Government’s reference to paragraph 39 of the SEA, according to which the costs of transporting the body of a crew member to the territory of the Republic of Estonia or to an agreed location shall be borne by the operator. The Government further informs that if the crew member died of an illness or injury caused by work or if the body is not transported to the territory of the Republic of Estonia or to an agreed location, the operator shall bear the costs related to the burial of the crew member or the cremation of the body and the transport of the body or the ashes. The Committee recalls that, in accordance with Standard A4.2.1, paragraph 1(d), shipowners shall be liable to pay the cost of burial expenses in all cases of death occurring on board or ashore during the period of engagement. The Committee accordingly requests the Government to indicate the measures taken to ensure full compliance with this requirement of the Convention.
Regulation 4.2 and Standard A4.2.1, paragraphs 1(a) and (b), and 5. Shipowners’ liability. Minimum Standards. Sickness and Injury. Possible exclusion. The Committee notes the Government’s reference to paragraph 36 of the SEA foreseeing that operators may request a crew member to compensate for the costs provided for in paragraphs 33–35 of this Act (provision of medical care and additional obligations of shipowners in case of crew member’s illness or injury; cost of return voyage) when the injury did not occur during service on board ship. The Committee however recalls that national laws or regulations may exclude the shipowner from liability in respect of injury incurred otherwise than in the service of the ship, which covers not only seafarer’s service on board ship but also the service seafarers may undertake in course of his/her duties ashore (Standard A4.2.1, paragraph 5(a)). The Committee further recalls that, while Standard A4.2, paragraph 5(a) of the Convention provides that the shipowner can be excluded from liability in case of injury incurred otherwise than in the service of the ship, this possibility only covers “injury” and not “illness”. The Committee further notes that, as regards illnesses – even not arising out of the service of the ship – the shipowner has to bear relevant expenses. Noting further indication of the Government that operators may also request a crew member to compensate for the costs if the crew member took ill or became injured as a result of the crew member’s intent or gross negligence, the Committee recalls that such exclusion from the shipowner’s liability may be granted for injury or sickness only due to the wilful misconduct of the sick, injured or deceased seafarer (Standard A4.2.1, paragraph 5(b)). Consequently, the Committee requests the Government to review paragraph 36 of the SEA in order to give full effect to the requirements of Standard A4.2.1, paragraph 1(a) and (b), and Standard A4.2.1, paragraph 5(a).
Regulation 4.2 and Standard A4.2.1, paragraph 1(b). Shipowners’ liability. Minimum Standards. Death or long-term disability. The Committee notes the Government’s indication that, according to paragraph 37 of the SEA, operators as employers are liable for any physical harm caused to a crew member due to an occupational accident or an occupational disease. In addition, under the Merchant Shipping Act, shipowners of vessel of 300 gross tonnage or more are required to have liability insurance. Such insurance covers, among other things, maritime claims for causing death, injury or damage to health on board a ship or in connection with a ship’s operation or rescue operation and claims resulting therefrom as a result of further damage. The Committee requests the Government to clarify if long-term disability of seafarers due to an occupational injury, illness or hazard, as per requirements of Standard A4.2.1, paragraph 1(b), is also covered by such insurance. Noting such liability insurance is required only for vessels with a gross tonnage of 300 or more, the Committee recalls that Standard A4.2.1, paragraph 1(b), does not contain such limitation. The Committee accordingly requests the Government to indicate how it ensures that the provisions related to financial security are applied to all ships covered by the Convention (Standard A4.2.1, paragraph 1(b)).
Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that the Government does not provide information regarding the measures to be taken to return the property left on board by sick, injured or deceased seafarers to them or to their next of kin as required by Standard A4.2.1, paragraph 7. The Committee consequently requests the Government to provide information on the implementation of this requirement of the Convention.
Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. While noting the Government’s reference to the Occupational Health and Safety Act (OHSA), the Committee has not identified in the available information detailed guidelines dealing with health and safety protection and accident prevention on board ships. Recalling that, according to Regulation 4.3, paragraph 2, each Member shall develop and promulgate national guidelines for management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations, the Committee requests the Government to inform how it gives full effect to these provisions of the Convention.
Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. Seafarers under the age of 18. The Committee notes that the Government refers to a number of general provisions of the OSHA, which are not specific to maritime employment. The Committee recalls that, according to Standard A.4.3, paragraph 2(a), laws and regulations and other measures to be adopted by each Member, shall take account not only of relevant international instruments dealing with occupational safety and health in general, but also with specific risks, and shall address all matters relevant to the prevention of occupational accidents that may be applicable to the work of seafarers and particularly those which are specific to maritime employment. The Committee requests the Government to indicate how it gives effect to Standard A.4.3, paragraphs 1 and 2(a) and (b).
Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee recalls that, in accordance with Standard A4.3, paragraph 2(d), a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. Noting that existing legislation does not comply with this requirement, the Committee requests the Government to indicate the measures taken to that end.
Regulation 4.3 and Standard A4.3, paragraphs 5, 6 and 8. Health and safety protection and accident prevention. With regard to notification of occupational accidents and diseases, the Committee notes the Government’s reference to paragraphs 22 and 23 of OSHA. Referring to its previous comments on the general nature of these provisions, the Committee requests the Government to indicate how it ensures that obligation to report occupational accidents, injuries and diseases complies with the requirements of Standard A4.3, paragraph 5(a). Noting that the Government has not provided information regarding the protection of seafarers’ personal data, the Committee requests the Government to explain how effect is given to Standard A.4.3, paragraph 6. The Committee requests the Government to provide detailed information on how the requirements of Standard A4.3, paragraph 8, regarding risk evaluation, are being effectively implemented by shipowners.
Regulation 4.5 and the Code. Social security. The Committee notes that, in accordance with Standard A4.5 (2) and (10), the Government has specified the following branches of social security: medical care; sickness benefit; unemployment benefit; old-age benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes the detailed information regarding the social security protection afforded to seafarers ordinarily resident in Estonia.
Regulation 5.1.3, paragraph 1(b). Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the Government’s reference to paragraph 11 of the Maritime Safety Act, according to which ships with a gross tonnage of 500 or more, engaged in international shipping, except fishing vessels, shall have a maritime labour certificate. The Committee recalls that Regulation 5.1.3, paragraph 1(b), defining the scope of ships that must carry and maintain a maritime labour certificate, also includes ships 500 gross tonnage or over, flying the flag of a member and operating from a port, or between ports, in another country. The Committee requests the Government to clarify how effect is given to this requirement of the Convention.
Regulation 5.1.3, paragraph 5, and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of maritime labour compliance. Content. The Committee notes the standard form of the declaration of maritime labour compliance, adopted by Regulation RT I, 27.05.2016, 24, on the basis of subsection 1117(2) of the Maritime Safety Act. Recalling that the examination of these documents is crucial to assess the correct implementation of the Convention, the Committee requests the Government to provide a copy of the declaration of maritime labour compliance Part I and examples of Part II approved by the competent authority.
Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee notes that Government’s indication that labour certificates, interim maritime labour certificates or copies of thereof shall be available to crew members on board the ship. The Committee recalls that, in accordance with Standard A.1.3, paragraph 12, a copy of a current valid maritime labour certificate and declaration of maritime compliance shall be posted in a conspicuous place on board where it is available to seafarers. The Committee therefore requests the Government to clarify how effect is given to this requirement of the Convention.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s information regarding the inspection of ships with a gross tonnage of 500 or more, engaged in international shipping, in accordance with paragraph 63 of the SEA. The Committee recalls however, that under the MLC, 2006, all ships must be inspected at least every three years (Standard A5.1.4, paragraph 4). The Committee accordingly requests the Government to provide information with respect to inspections of all ships flying its flag in accordance with Regulation 5.1.4 and the Code.
Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Investigation and remedy. Confidentiality of sources of grievances or complaints. The Committee notes that the Government does not provide information regarding procedures for receiving and investigating complaints concerning ships flying the Estonian flag as per requirements of Standard A5.1.4, paragraphs 5, 10 and 11(b). The Committee therefore requests the Government to indicate how effect is given to these provisions of the Convention.
Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes the Government’s indication that, according to paragraph 11 of the SEA, a report is to be prepared regarding non-conformities found during inspection of working and living conditions of crew members conducted for the issue, approval of validity and renewal of a maritime labour certificate. The Committee recalls that one copy of the report shall be furnished to the master of the ship and another copy shall be posted on the ship’s noticeboard for the information of the seafarers and, upon, request sent to their representatives (Standard A5.1.4, paragraph 12). Noting that the Government has provided no information in this respect, the Committee requests the Government to indicate how effect is given to this requirement of the Convention.
Regulation 5.1.5 and Standard A5.1.5, paragraph 4. Flag State responsibilities. On-board complaint procedures. Content. The Committee notes the Government’s indication that, according to paragraph 26 of the SEA, inter alia, the procedure for filing and hearing the crew members’ complaints on board ship must be made available for the crew members. The Committee recalls that Standard A5.1.5, paragraph 4, foresees that all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship in addition to a copy of their seafarers’ employment agreement. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to this requirement of the Convention.
Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes that, under paragraph 71 of the MCA, the Safety Investigation Bureau shall conduct a safety investigation in respect of very serious casualties, which are defined as those involving, among others, the death of a person. In the case of other marine casualties, the Bureau shall carry out a preliminary assessment in order to decide whether or not to undertake a safety investigation. The Committee notes that in the latter case the holding of an investigation is optional. The Committee recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies its flag. The Committee requests the Government to indicate how it ensures that investigations are held in the event of any serious marine casualty leading to injury, as required by the Convention.
Additional documents requested. The Committee 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); an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); the relevant portion of any applicable collective bargaining agreement that are subject to a port State inspection under Regulation 5.2 (Standard A2.1, paragraph 2(b)); a copy of any authorized or registered collective agreement provisions that establish seafarers’ normal working hours or permit exceptions to the established limits (Standard A2.3, paragraphs 3 and 13); for each type of ship (passenger, cargo, etc.), a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); a copy of the annual reports on inspection activities that have been issued in accordance with Standard A5.1.4, paragraph 13; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5).
[The Government is asked to reply in full to the present comments in 2022.]
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