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Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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 third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee also notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2014 and 2018 entered into force for Estonia on 30 July 2020 and 7 October 2022.
Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006, by Estonia during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.
Regulation 1.1 and Standard A1.1, paragraph 2, of the Convention. Minimum age. Night work. The Committee notes with interest that, in reply to its previous comment, the Government indicates that, pursuant to the amendment of the Seafarers’ Employment Act in 2020, its revised paragraph 45 currently provides that: (i) an agreement by which a minor crew member undertakes to perform work during the period of time from 21:00 to 06:00 is void; and (ii) this restriction shall not be applied to requiring a minor crew member to work if the minor works as part of his/her schooling or on-the-job training and working will not harm his/her health or well-being. The Committee takes note of this information, which addresses its previous request.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee recalls that paragraph 5 of the “Regulation on the list of hazardous occupations where employment of minors is prohibited” (No. 94/2009) allows for possible exceptions to the prohibition of hazardous work when the work is conducted in the framework of an internship and under supervision. Noting that the Government provides no new information in reply to its previous comments, the Committee requests the Government to take without delay the necessary measures to ensure that the types of work considered to be hazardous for the maritime sector are prohibited for young persons of less than 18 years without exceptions.
Regulation 1.2 and Standard A1.2, paragraphs 4 and 5. Medical Certificate. Qualified medical practitioner. Right to have a further examination. The Committee notes that, in reply to its previous comment, the Government refers to the detailed provisions of the Maritime Safety Act (MSA), paragraph 261, in relation to the criteria of approval of medical practitioners by the National Health Board. Under paragraph 262, a person who disagrees with a decision in relation to medical examination may file an appeal with the health board. The Government indicates that the health board shall involve an independent expert in the resolution of the dispute and give an opinion within one month after the submission of the application. The Committee takes note of this information.
Regulation 1.4 and the Code. Recruitment and placement. Private services. Requirements. The Committee notes that, in reply to its previous comment, the Government indicates that all service providers providing labour mediation services in Estonia must follow the rules set out in the Labour Market Services and Benefits Act and the Seafarers’ Employment Act. It further states that, according to the Register of Economic Activities, there are currently 13 enterprises that engage in labour mediation of crew members in Estonia. The Government further indicates that there is no provision implementing Standard A1.4, paragraph 5(c)(vi); however, as per regular practice in Estonia, a crew member that has suffered any damages caused by the employment placement service provider can file an action to the court to claim compensation for damages. Recalling that Standard A1.4, paragraph 5 calls for the adoption of laws, regulations or other measures to implement its requirements,the Committee urges the Government to adopt the necessary measures to give full effect to Standard 1.4, paragraph 5(c)(vi), and to transmit copy of any relevant texts adopted. The Committee notes that the Government provides no new information in reply to its comments on the application of Standard A1.4, paragraph 9. The Committee accordingly requests the Government again to explain what kind of action is expected from shipowners to ensure, as far as practicable, that the recruitment and placement services based in countries in which the Convention does not apply, meet the 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 that, in reply to its previous comment, the Government refers to the Law of Obligations Act, section 11, subsection 4, according to which a written contract is deemed to have been entered into when the parties have signed the contract or have exchanged contractual documents or letters signed by both parties. Therefore, the seafarers’ employment agreement (SEA) must be signed by the parties to the contract (seafarer and the operator/their representative). The Government also refers to the Employment Contracts Act (ECA), subsections 1 and 2, according to which the employee’s working conditions must be included in a written employment contract and the employer must notify the employee accordingly. According to the Government, from the spirit of these provisions it derives that the employment contract is concluded in two copies, one of which is kept by the employee, and the other by the employer. While noting this information, the Committee underlines the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II. In accordance with Standard A2.1, paragraph 1(a), every seafarer must have an original agreement that is signed by the seafarer and the shipowner, or a representative of the latter, whether or not the shipowner is considered the employer of the seafarer. The Committee requests the Government to adopt the necessary measures to bring its legislation in full conformity with Standard A2.1, paragraph 1(a) and (c) to ensure that the seafarers’ employment agreement is always signed by the shipowner or her/his representative. The Committee notes the Government’s information that there is no generally accepted form of SEA, and all shipowners are free to design agreements that suit their needs. The Committeerequests the Government to provide an example/examples of seafarer’s employment agreement/s.
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that, in reply to its previous comment, the Government refers to the Identity Documents Act, section 23, according to which a seafarer who is an Estonian citizen shall be provided with a seafarer’s discharge book, which complies with the requirements of the ILO Convention on seafarers’ identity documents. The Government further refers to the Regulation “on Seafarer’s service book form, technical description and list of data to be entered in the service book”, which deals with the form and technical description of the seafarer’s service book and lists the data to be entered in the service book. Such data do not include information on the quality of the seafarers’ work, or on their wages. The Committee takes note of the sample seafarer’s service book supplied by the Government. The Committee takes note of this information, which addresses its previous request.
Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that the Government provides no new information in reply to its previous comment. The Committee recalls that: (i) there is no provision in the applicable legislation which requires that the SEA includes data on the place where the agreement is entered into and the amount of paid annual leave, or the formula of its calculation; and (ii) the provisions in the applicable legislation on the termination of the employment agreement and the conditions thereof, do not reflect the content of Standard A2.1, paragraph 4(g). The Committee therefore requests the Government to take the necessary measures without delay to bring its legislation in full conformity with Standard A2.1, paragraph 4(c), (f) and (g).
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 notes the Government’s information that the Seafarers’ Employment Act was amended accordingly (paragraphs 231 and 693). The Committee, however, notes that: (i) under paragraph 231(1) of the Seafarers’ Employment Act, the requirement of Standard A2.2, paragraph 7, only applies to ships holding a maritime labour certificate, whereas the standard covers all ships under the Convention; and (ii) under the same paragraph, piracy means “acts described in subsection 1 of paragraph 110 of the Penal Code and aiding or instigation of such acts”, which does not fully match with the meaning of piracy in the United Nations Convention on the Law of the Sea, 1982 (Standard A2.1, paragraph 7(a)). Accordingly,the Committee requests the Government to indicate the measures taken to ensure full conformity with Standard A2.1, paragraph 7 and Standard A2.2, paragraph 7.
Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account of the payments. The Committee notes that, in reply to its previous comment, the Government refers: (i) to the Seafarers’ Employment Act, paragraph 22, point 5, which stipulates that the operator is obliged to provide the crew members with information about last month’s wages, including information about the currency exchange rate if necessary, unless agreed otherwise; and (ii) to the ECA, as amended, paragraph 5(1)(5) (applicable also to seafarers’ employment contracts) which stipulates that a written employment contract must contain the agreed remuneration payable (wages), and the manner of its calculation, the procedure for payment and the time of falling due of wages (pay day), as well as taxes and payments payable and withheld by the employer. The Committee takes note of this information, which addresses its previous request.
Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that, in reply to its previous comment, the Government refers to the ECA, paragraph 33, subsection 4 (applicable also to seafarers), according to which an employer must transfer an employee’s wages and other remuneration to the bank account indicated by the employee, unless agreed otherwise. The Government also indicates that the exclusion of ships of less than 200 GT (gross tonnage) from this requirement was made on the basis of reasonableness and expediency, in consultation with social partners. While noting this information, the Committee recalls that according to Article II, paragraph 6, where the competent authority determines that it would not be reasonable or practicable at the present time to apply certain details of the Code to a ship or particular categories of ships, the relevant provisions of the Code shall not apply to the extent that the subject matter is dealt with differently by national laws or regulations or collective bargaining agreements or other measures. Such a determination may only be made in respect of ships of less than 200 GT not engaged in international voyages, and in consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to specify how it ensures compliance with the requirements of Article II, paragraph 6, with respect to ships under 200 GT excluded from the scope of Standard A2.2, paragraphs 3–5. It also requests the Government to take the necessary measures to ensure that any exclusion only concern ships of less than 200 GT not engaged in international voyages.
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. The Committee notes that, in reply to its previous comment, the Government indicates that in the absence of relevant provisions in the Seafarers’ Employment Act, the provisions of the ECA (section 43 prescribing eight hours per day and 40 hours per week, and section 52 on weekly rest time) and the Public Holidays and Days of National Importance Act (sections 1 and 2) apply. The Committee requests the Government to clarify whether hours worked by seafarers in excess of the normal hours of work are charged with overtime compensation.
Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that, in reply to its previous comment, the Government indicates that the exception to the division of rest time into a maximum of two periods, as well as to a minimum of 77 hours of rest, only applies to watchkeepers and crew members engaged in ensuring safety, prevention of environmental pollution, and security (paragraph 42 of the Seafarers’ Employment Act). While noting this information, 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 paragraphs5 and 6 of this Standard, including those provided for in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), must follow the requirements of Standard A2.3, paragraph 13 and be provided by no other means than collective agreements. The Committee, in this connection, notes the Government’s information that there are no collective agreements that establish different working hours than provided by the law or permit exceptions to the established limits. The Committee requests the Government to take the necessary measures to ensure that any exceptions to the provisions set out in Standard A2.3, paragraphs 5 and 6 may only be provided through collective agreements.
Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes that, in reply to its previous comment, the Government refers to the ECA, paragraph 68 (subsections 1 and 3), according to which: (a) annual holiday is granted for time worked; (b) for each calendar year an employee has the right to annual holiday in full; and (c) if a calendar year includes periods not included in the time served as the basis for the right to grant annual holiday, the latter is granted proportionally to the time served. The Committee takes note of this information.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the Government provides no new information in reply to its previous comments. Accordingly, the Committee requests the Government to take the necessary measures to give effect to Regulation 2.4, paragraph 2.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that the Government, in reply to its comments, refers to the ECA, paragraph 88, which lists the reasons for termination of employment by the employer for reasons arising from the employee. The Committee notes, however, that not all the situations listed under the ECA (e.g. decrease in capacity for work due to health reasons) are likely to qualify as “serious default of the seafarer’s employment obligations” pursuant to Standard A2.5.1, paragraph 3. The Committee requests the Government to indicate the measures taken to give full effect to Standard A2.5.1, paragraph 3, as well as to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers employment obligations”.
Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes that the newly inserted paragraph 611 of the Seafarers’ Employment Act, which came into force on 13 January 2020, gives effect to the requirements of Standard A2.5.2. The Committeerequests the Government to supply 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 2.6 and Standard A2.6. Compensation for the ship’s loss or foundering. In its previous comments, the Committee requested the Government to indicate the measures taken to give effect to Regulation 2.6 and the Code. Noting that no measures have been adopted in this regard, the Committee reiterates its previous request. Moreover, the Committee recalls that under Guideline B2.6.1, paragraph 1, the total indemnity payable to any one seafarer against unemployment resulting from the ship’s loss or foundering may be limited to two months wages. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.6.1, paragraph 1.
Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the Government, in reply to its previous comment, clarifies that Regulation No. 122 concerning requirements for accommodation of crew members on board ships, applies to all ships engaged in commercial shipping and fishing, with the exemption of fishing vessels under 24 meters of length. As regards the application of Standard A3.1, paragraph 7(b), the Government refers to Regulation No. 176 on “Occupational health and safety requirements for the workplace”, which however is not likely to be applicable to ships. The Committee requests the Government to take the necessary measures to give effect to Standard A3.1, paragraph 7(b). The Committee notes that concerning sleeping rooms, the Government, in reply to its comments, refers to Regulation No. 112, as well as to its Appendix 1. In relation to the requirement of hospital accommodation, the Committee notes that, in reply to its comments, the Government refers to the Seafarers’ Employment Act, paragraph 32(1) and to paragraph 13 of the Occupational Health and Safety Act, which does not however apply to seafarers/ships. The Committee recalls that, according to Regulation No. 50 on “Requirements for arranging medical assistance on board and list of medical equipment required on board”, paragraph 6, a sickbay is required only for ships with a total capacity of more than 500 GT and with at least 15 crew members on board and whose voyage lasts longer than three days. The Committee reiterates that the applicable national provisions are not in full conformity with Standard A3.1, paragraph 12, which does not provide for exceptions based on tonnage. The Committee requests the Government to take the necessary measures to bring its legislation in full conformity with Standard A3.1, paragraph 12.
Regulation 3.1 and Standard A3.1, paragraphs 20 and 21. Accommodation and recreational facilities. Exemptions. The Committee notes that the exemptions provided by Regulation No. 122 for ships of less than 200 GT are in line with those permitted in Standard A3.1, paragraph 20; it also notes that under the same Regulation, ships of less than 3,000 gross tonnage are exempted from the requirements set by Standard A3.1 paragraphs 9(a) and (m), 11(b) and 15. The Committee recalls that any exemptions to the requirements of Standard A3.1 concerning ships of less than 200 GT should follow the criteria of paragraph 20 of the Standard (be reasonable and take into account the size of the ship, etc.), and that all other permitted exemptions should be clearly justified (paragraph 21). In all cases, exemptions may only be decided after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to provide information on how it ensures that the exemptions under Regulation No. 112 have been decided after the relevant consultations and comply with the criteria of Standard A3.1, paragraphs 20 and 21.
Regulation 4.1 and Standard A4.1, paragraph 4(b). Medical care on board and ashore. Qualified medical doctor on board. The Committee notes that, in reply to its previous comment, the Government refers to Regulation No. 50 on “Requirements for arranging medical assistance on board and list of medical equipment required on board”, which mostly gives application to the Convention. The Committee takes note of this information.
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 recalls that under paragraph 33 of the Seafarers’ Employment Act, the master shall send the crew member to a healthcare provider for treatment if a crew member’s illness or injury does not allow for treatment on board ship, or if the 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 notes that, in reply to its previous comment, the Government indicates that if dental treatment is necessary for treating the illness or injury, it falls under the regulation of the Seafarers’ Employment Act, paragraph 34 (operator to bear the costs related to the provision of medical care). The Committee takes note of this information, which addresses its previous request.
Regulation 4.1 and Standard A4.1, paragraph 4(d). Medical care on board and ashore. Medical advice by radio or satellite. The Committee notes that, in reply to its previous comment, the Government refers to the Seafarers’ Employment Act, paragraph 33, subsection 7, according to which, the Estonian Health Insurance Fund shall enter into an administrative contract with a healthcare provider for the provision of medical long distance consultation services free of charge and that the provision of the services is funded through the budget of the Fund. While noting this information, the Committee requests the Government to clarify whether the above system of medical advice is operational and available 24 hours a day to all ships irrespective of the flag they fly.
Regulation 4.1 and Standard A4.1, paragraphs 3 and 4. Medical care ashore. The Committee notes that, in reply to its previous comment, the Government refers to the Health Services Organisation Act, according to which: (a) every person in the territory of the Republic of Estonia has the right to receive emergency care by healthcare professionals required to act within the limits of their competence and with the available means (section 6); and (b) emergency care provided to a person not covered by health insurance shall be covered from the budget of the Estonian Health Insurance Fund on the conditions and pursuant to the procedure provided for in the list of health services of the Fund (section 6(4). The Committee takes note of this information, which addresses its previous request.
Regulation 4.2 and Standard A4.2.1, paragraph 1(d). Shipowners’ liability. Burial expenses. The Committee notes that, in reply to its previous comment, the Government indicates that paragraph 39 of the Seafarers’ Employment Act was drafted in close cooperation with the representatives of seafarers and shipowners, and that the reasoning behind is that the employer can only be held liable for a work-related death. While noting the Government’s explanation, the Committee recalls again that Standard A4.2.1, paragraph 1(d), makes the shipowner liable to pay the cost of burial expenses in the event of death occurring on board or ashore during the period of engagement, irrespective of whether the death was work-related or not, while Standard A4.2.1, paragraph 6, allows an exemption for the shipowner if such liability is assumed by the public authorities. The Committee requests the Government to take the necessary measures to ensure full compliance with these provisions of the Convention.
Regulation 4.2 and Standard A4.2.1, paragraphs 1(a) and (b), and 5. Shipowners’ liability. Sickness and injury. Possible exclusion. The Committee recalls that paragraph 36 of the Seafarers’ Employment Act foresees that operators may request a crew member to compensate for the costs provided for in paragraphs 33–35 of the same 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, as in its previous comments, recalls that Standard A4.2.1, paragraph 5(a) provides for the possible exclusion of the shipowner’s 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 their duties ashore. The Committee requests the Government to clarify the scope of the expression “during service on board ship” in paragraph 36(3) of the Seafarers’ Employment Act. The Government indicates that under section 36(1) of the Seafarers’ Employment Act, operators may also request a crew member to compensate for the costs if the seafarer got ill or became injured as a result of his/her carelessness, intent or gross negligence. Recalling that under Standard A4.2.1, paragraph 5(b), the shipowner’s liability may be excluded in respect of “injury or sickness due to the wilful misconduct of the sick, injured or deceased seafarer”, the Committee requests the Government to ensure that paragraph 36(1) of the Seafarers’ Employment Act is applied in accordance with Standard A4.2.1, paragraph 5(b).
Regulation 4.2 and Standard A4.2.1, paragraphs 8–14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s reference to the new paragraph 391 regulating “Security for compensation for contractual claims related to physical harm or death caused by occupational disease or occupational accident” (amendment entered into force on 13 January 2020), which mostly gives application to the 2014 amendments to the Code of the Convention. The Committee, however, notes that paragraph 391 only applies an operator whose ship is required to have a maritime labour certificate or to whom a certificate is issued. The Committee recalls that Standard A4.2.1, paragraph 1(b), does not contain any such limitation. 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 covered by financial security pursuant to paragraph 391 of the Seafarers’ Employment Act. It also requests the Government to indicate how it ensures that the provisions related to financial security are applied to all ships covered by the Convention. The Government is further requested to provide a sample of an existing 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 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee notes that, in reply to its previous comment, the Government refers to the Seafarers’ Employment Act, paragraphs 34(5) and 38(5), which respectively provide that: (i) operators shall guarantee the preservation of any property of a crew member who has taken ill or becomes injured during a voyage if the crew member is not able to care for his or her property due to his or her illness or injury; and (ii) the storage of the property of the deceased crew member shall be arranged by and the liability for the preservation of the property lies with the master of the ship. The Committee takes note of this information.
Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee notes that in reply to its previous comment, the Government refers to general guidelines for occupational safety and health management administrated by the labour inspectorate. The Government further indicates that general legislation on occupational safety and health also applies to the work done on ships and there are only some exceptions in the Seafarers’ Employment Act. While noting the Government’s information, the Committee requests the Government to indicate how the general guidelines for occupational safety and health are adapted to the work on board ships, as well as to provide information on the consultations with representative shipowners’ and seafarers’ organizations required by Regulation 4.3, paragraph 2.
Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes that, in reply to its previous comment, the Government indicates that there is no specific legislation for the occupational health and safety of seafarers, and refers to the generally applicable provisions of the Occupational Safety and Health Act, and to Regulation No. 75 on “Procedure for registering, reporting and investigating occupational accidents and occupational diseases”, which is not specific to the maritime sector. Consequently, the Committee requests the Government to take the necessary measures to adopt laws and regulations and other measures on health and safety protection and accident prevention on board ships that fly its flag which: (i) address risks specific to the maritime sector and to maritime employment, and (ii) clearly specify the obligations of seafarers, shipowners and others concerned, with special attention to safety and health of seafarers under 18 years (Standard A4.3, paragraphs 1 and 2).The Committee also requests the Government to provide specific information on: (i) how occupational accidents, injuries and diseases concerning seafarers are reported and comply with the requirements of Standard A4.3, paragraph 5(a); and (ii) how the requirements of Standard A4.3, paragraph 8, regarding risk evaluation, are being effectively implemented by shipowners.
Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes that the Government provides no new information in reply to its previous request. Recallingthat existing legislation does not comply with this requirement, the Committee requests the Government to take the necessary measures to give effect to Standard A4.3, paragraph 2(d).
Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee notes that, in reply to its previous comment, the Government has supplied copies of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance (DMLC), Part I, which includes reference to applicable national provisions. The Committee requests the Government to provide an example or examples of a DMLC, Part II, prepared by a shipowner and 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, in reply to its previous comment, the Government indicates that: (i) in practice, these documents are posted in a conspicuous place and that according to the Transport Administration, which supervises the fulfilment of certain MLC requirements, insurance policies are in a visible place (e.g. posted on the wall); (ii) often, all necessary documents are also available on a shared computer on board the ship, which crew members can use at any time. Noting that there is no legislation giving effect to Standard A5.1.3, paragraph 12, the Committee requests the Government to take the necessary measures to give full effect to this provision of the Convention ensuring that copy of the maritime labour certificate and the DMLC are made available, upon request, to seafarers, flag State inspectors, authorized officers in port States, and shipowners’ and seafarers’ representatives.
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that, in reply to its previous comment, the Government refers to paragraph 1114 of the MSA, which however only regulates inspections of ships having a maritime labour certificate, i.e. not all ships covered by the Convention. Recalling 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 take the necessary measures without delay to ensure that inspections are carried out on all ships flying its flag.
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 provides no new information regarding procedures for receiving and investigating complaints concerning ships flying the Estonian flag pursuant to Standard A5.1.4, paragraphs 5, 10 and 11(b), and that the legislation to which it refers does not give effect to such requirements. The Committee requests again 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 recalls that according to paragraph 11 of the Seafarers’ Employment Act, a report is to be prepared regarding non-conformities found during inspection of working and living conditions of crew members. The Committee notes that, regarding the other requirements of Standard A5.1.4, paragraph 12, the Government refers to the MSA, paragraph 1115 and the Administrative Procedure Act, section 11, which however do not give effect to the Standard. The Committee requests the Government to take the necessary measures to ensure that one copy of the inspection report is furnished to the master of the ship and another copy is posted on the ship’s noticeboard for the information of the seafarers and, upon request, sent to their representatives.
Regulation 5.1.5 and Standard A5.1.5, paragraph 4. Flag State responsibilities. On-board complaint procedures. Content. The Committee notes that, in reply to its previous request, the Government indicates that all necessary documents are available in a shared computer on board the ship, to which crew members have access any time. While noting this information, the Committee notes that this practice does not give effect to Standard A5.1.5, paragraph 4. Accordingly, the Committeerequests the Government to take the necessary measures to ensure that all seafarers are provided with a copy of the applicable on-board complaint procedures, as required by Standard A5.1.5, paragraph 4.
Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. Τhe Committee notes that the Government provides no new information in reply to its previous comments. Accordingly, the Committee requests the Government to take the necessary measuresto ensure that investigations are held in the event of any serious marine casualty leading to injury, as required by the Convention.
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