The concept of new Regulations of service on the vessels of Russian maritime fleet remains outdated

The Seafarers' Union of Russia (SUR) sent to the Ministry of Transport of the Russian Federation  a conclusion to the Draft Regulations of service on the    vessels of the Russian Federation maritime fleet. The union believes that the current edition of this   document contains norms that can infringe the rights of seafarers. The project needs improvements in favor of seafarers and safe operation of sea-going vessels.

This is the second attempt of the Ministry of Transport to update the Regulations of service on the vessels of the Ministry of Marine of the USSR, adopted in 1976. The first one was undertaken ten years ago, but that draft failed to be agreed, because in fact the text of the Soviet Regulations was just reproduced with minor changes. Then the opinion prevailed that the proposed version  would complicate the life of Russian shipowners, as it would entail the revision of the safety management systems of shipping companies in terms of changing the functional responsibilities of crew members.

So, why was made the next try to introduce this document? “The fact is that the Merchant Shipping Code contains  the reference to the Regulations  as one of the documents regulating labor relations on ships. Accordingly, an alternative to the development of a new Regulations is the introduction of amendments to the Merchant Shipping Code" - explains Igor Kovalchuk, SUR First Deputy Chairman.  SUR considers the very title of the document - "The Regulations of service" - is at odds with the modern legislative framework.

Today the service refers exclusively to state, civil or military activity and is regulated not by laborlegislation, but by special  one.

This kind of activity is associated with a number of restrictions. For example, a person can't be a civil servant if he/she has the citizenship of another state; close relatives can not serve in the same organization if their posts are in immediate subordination. Moreover, civil servants are prohibited from engaging in entrepreneurial activities, they can't  acquire securities, accept awards, honorary and special titles from foreign states, international organizations and other public associations without  written permission of their management.

After dismissal, they are not allowed to disseminate confidential or official information.

Along with this, such employees are vested with rights not provided for by labor legislation for other employees. For example, they have the right to free travel while performing official duties, to a lumpsup  subsidy to purchase  a living accommodation once for the whole period of service, to uniforms at the expense of the state, and so on.

Meanwhile, the seafarers  who are supposed to be covered by the Regulations of service are just common  employees. They do not have additional rights established by law, and therefore, should not bear uncharacteristic duties.

For example, the draft Regulations imposes on seafarers the duty to wear "official uniform" in especially solemn cases stipulated by the Regulations.

What kind of uniform is it? It is not specified, but it is obvious that the parade form is meant. It is known that  seafarers while working onboard a vessel wear work clothes provided by the employer.

The need to have a parade form today is not established by any regulatory legal act and is left  to the discretion of the shipowner. Some companies provide seafarers with uniforms, but, as a rule, the seamen then compensate  its cost. In addition, in such cases the draft Regulations  stipulates the exercise of some rituals and ceremonies peculiar to military service. SUR considers it  completely inappropriate for common  labor relations, and therefore it is unacceptable for crew members of seagoing vessels.

-  The draft Regulations stipulates some requirements, which are absolutely outdated, for example, seafarers have to salute any superiors coming onboard, execute different commands like “shun”, “right dress” and others. Such requirements look particularly absurd following numerous violations of the labor rights of seafarers . It is impossible to imagine the psychological state of the ship master standing in attention  for example before the Deputy Minister of Transport, if the crew members did not receive wages  for two or three months", - says Valery Nefyodov, the SUR  Senior  Legal Expert.

Perhaps it is right that the draft Regulations gives full attention to the description of the flag-raising and sunset ceremonies, which are supposed to  instill in seafarers a patriotism. But it seems the drafters  don't know that in reality all these procedures have long been devalued  by misconduct of some Russian shipowners using illegal schemes to operate ships under the Russian flag to evade Russian jurisdiction, - to the detriment of the interests of seafarers and of the state as well.  For example, what would be the value of all these procedures onboard the vessel under the Russian flag "ST Wind"?  This vessel was operated by the foreign company “Rene Shipping Co. LTD ", although JSC “Sovfrakht” acted as a registered shipowner. The employment contracts concluded with the crew members did not conform to the labor legislation of the Russian Federation. So, it would be better to clean up this issue at first: to create the regulatory and legal frameworks to ensure the enforcement of MLC provisions and other maritime requirements by Russia, to secure the jurisdiction of the Russian Federation over Russian sea vessels and to exercise due control over these matters by Russian port authorities. At the same time, the draft Regulations  stipulates  that violation of its requirements may entail the seafarer's liability. Moreover, the wording is such that in fact it is  a shipowner  who can decide on the type of liability, but this is contrary to the labor legislation. SUR believes that in such edition this rule can lead to abuse by unscrupulous shipowners and impairment of seafarers' rights.

Also, SUR considers the draft Regulations has some separate contradictions with the contents and terminology of the Merchant Shipping Code, which consists the basis for  the  Regulations of service.

In the opinion of SUR experts, such document, which is based on the International Safety Management Code and sets the requirements for the arrangement of watch- keeping and operations on board a vessel, has the right to exist, but it must be named differently and be developed  solely to the benefit of the safe operation of sea-going vessels.