Where seafarers can turn with their complaints

On 16 November 2013, the Russian Government Order № 996 “On measures for fulfilment of obligations arising from the Maritime Labour Convention, 2006, by the Russian Federation” entered into force. The document approves the list of authorities which shall enforce the Convention which came into force in August, 2013. Among the authorized bodies are the Ministry of Transport (Mintrans), Russian Federal Agency of Maritime and River Transport (Rosmorechflot), the Ministry of Labour and Social Protection (Mintrud), the Ministry of Foreign Affairs (MID), Federal Migration Service (FMS), the Ministry of Health (Minzdrav) and Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor).

Thus, Mintrans shall be in charge of meeting requirements of the MLC concerning training of seafarers, their qualification, hours of work and rest, and of manning of vessels. Mintrans shall also control fulfillment of requirements under Regulations 4.2 (“Shipowners’ liability”), 5.1 (“Flag state responsibilities”), 5.2 (“Port state responsibilities”) of the MLC.

The Federal Agency of Maritime and River Transport shall ensure seafarers’ access to welfare facilities ashore.

The Ministry of Health shall be responsible for medical care and examination of seafarers. Federal Service for Supervision of Consumer Rights Protection and Human Welfare shall be in charge of adherence to established standards of living conditions on board.

The Ministry of Labour and Social Protection shall be the Competent Authority for regulation of labour relations and social guarantees on board. Mintrud shall also take control of seafarers’ employment on the vessels flying the Russian flag.

The Federal Migration Service shall supervise the employment of Russian seafarers aboard the vessels flying foreign flags. It shall also be responsible for repatriation of foreign seafarers from the territory of Russia.

Control over repatriation of Russian seafarers from abroad shall be imposed on the Ministry of Foreign Affairs. The Ministry of Transport is to supervise cooperation of those competent authorities.

The First Vice President of the Seafarers’ Union of Russia (SUR) Igor Kovalchuk said that the adoption of the government order is one of the first steps on observance of the MLC provisions.

- Now we urgently need to work out the processing of seafarers’ complaints aboard the vessel and ashore so as to take a clear view of the way the complaints will be considered, - said Mr. Kovalchuk. Though the Convention stipulates that in most cases disputes are determined on board the vessel, seafarers have a right to submit a grievance in any port if the dispute have not been settled.

As Mr.Kovalchuk explained, processing of seafarers’ complaints is necessary for all seafarers, regardless of their vessels’ flags.

- In doing so it is essential that complaints are considered as quickly as possible while the vessel is at port. But in our country we face major difficulties exactly with the time spent on processing the grievances. According to the MLC, decisions should be made immediately, while in fact it takes a fortune of time.

According to Mr.Kovalchuk, the SUR considers it necessary and insists that complaints of seafarers should be delivered not only to competent authorities. It is essential that copies are also sent to the Union concerned, which will ensure public control of dealing with complaints.