КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ. Конвенция. Международная организация труда. 23.02.06

Standard A2.5
                             Repatriation

     1.  Each Member shall ensure that seafarers on ships that fly its
flag are entitled to repatriation in the following circumstances:
     (a) if the seafarers` employment agreement expires while they are
abroad;
     (b) when the seafarers` employment agreement is terminated:
     (i) by the shipowner; or
     (ii) by the seafarer for justified reasons; and also
     (c)  when  the  seafarers  are  no longer able to carry out their
duties under their employment agreement or cannot be expected to carry
them out in the specific circumstances.
     2. Each Member shall ensure that there are appropriate provisions
in  its  laws  and  regulations  or  other  measures  or in collective
bargaining agreements, prescribing:
     (a)   the  circumstances  in  which  seafarers  are  entitled  to
repatriation  in  accordance  with  paragraph  1  (b)  and (c) of this
Standard;
     (b)  the  maximum  duration of service periods on board following
which a seafarer is entitled to repatriation - such periods to be less
than 12 months; and
     (c)  the  precise  entitlements  to be accorded by shipowners for
repatriation,   including   those  relating  to  the  destinations  of
repatriation,  the  mode  of  transport,  the  items  of expense to be
covered and other arrangements to be made by shipowners.
     3.  Each  Member  shall  prohibit  shipowners from requiring that
seafarers  make an advance payment towards the cost of repatriation at
the  beginning  of their employment, and also from recovering the cost
of repatriation from the seafarers` wages or other entitlements except
where the seafarer has 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.
     4. National laws and regulations shall not prejudice any right of
the  shipowner  to  recover the cost of repatriation under third-party
contractual arrangements.
     5.  If  a shipowner fails to make arrangements for or to meet the
cost of repatriation of seafarers who are entitled to be repatriated:
     (a)  the  competent  authority  of the Member whose flag the ship
flies shall arrange for repatriation of the seafarers concerned; if it
fails  to  do  so,  the  State  from  which  the  seafarers  are to be
repatriated  or the State of which they are a national may arrange for
their repatriation and recover the cost from the Member whose flag the
ship flies;
     (b) costs incurred in repatriating seafarers shall be recoverable
from the shipowner by the Member whose flag the ship flies;
     (c)  the  expenses  of  repatriation shall in no case be a charge
upon  the  seafarers,  except  as  provided for in paragraph 3 of this
Standard.
     6.  Taking  into  account  applicable  international instruments,
including  the  International  Convention  on Arrest of Ships, 1999, a
Member  which  has paid the cost of repatriation pursuant to this Code
may  detain,  or  request the detention of, the ships of the shipowner
concerned  until  the  reimbursement  has been made in accordance with
paragraph 5 of this Standard.
     7.  Each  Member  shall  facilitate the repatriation of seafarers
serving  on  ships  which  call  at  its  ports  or  pass  through its
territorial or internal waters, as well as their replacement on board.
     8.  In  particular,  a  Member  shall  not  refuse  the  right of
repatriation to any seafarer because of the financial circumstances of
a  shipowner or because of the ship-owner`s inability or unwillingness
to replace a seafarer.
     9.  Each  Member shall require that ships that fly its flag carry
and  make  available  to  seafarers  a copy of the applicable national
provisions regarding repatriation written in an appropriate language.