Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".
Guideline B2.5
Repatriation
Guideline B2.5.1 - Entitlement
1. Seafarers should be entitled to repatriation:
(a) in the case covered by Standard A2.5, paragraph 1 (a), upon
the expiry of the period of notice given in accordance with the
provisions of the seafarers` employment agreement;
(b) in the cases covered by Standard A2.5, paragraph 1 (b) and
(c):
(i) in the event of illness or injury or other medical condition
which requires their repatriation when found medically fit to travel;
(ii) in the event of shipwreck;
(iii) in the event of the shipowner not being able to continue to
fulfil their legal or contractual obligations as an employer of the
seafarers by reason of insolvency, sale of ship, change of ship`s
registration or any other similar reason;
(iv) in the event of a ship being bound for a war zone, as
defined by national laws or regulations or seafarers` employment
agreements, to which the seafarer does not consent to go; and
(v) in the event of termination or interruption of employment in
accordance with an industrial award or collective agreement, or
termination of employment for any other similar reason.
2. In determining the maximum duration of service periods on
board following which a seafarer is entitled to repatriation, in
accordance with this Code, account should be taken of factors
affecting the seafarers` working environment. Each Member should seek,
wherever possible, to reduce these periods in the light of
technological changes and developments and might be guided by any
recommendations made on the matter by the Joint Maritime Commission.
3. The costs to be borne by the shipowner for repatriation under
Standard A2.5 should include at least the following:
(a) passage to the destination selected for repatriation in
accordance with paragraph 6 of this Guideline;
(b) accommodation and food from the moment the seafarers leave
the ship until they reach the repatriation destination;
(c) pay and allowances from the moment the seafarers leave the
ship until they reach the repatriation destination, if provided for by
national laws or regulations or collective agreements;
(d) transportation of 30 kg of the seafarers` personal luggage to
the repatriation destination; and
(e) medical treatment when necessary until the seafarers are
medically fit to travel to the repatriation destination.
4. Time spent awaiting repatriation and repatriation travel time
should not be deducted from paid leave accrued to the seafarers.
5. Shipowners should be required to continue to cover the costs
of repatriation until the seafarers concerned are landed at a
destination prescribed pursuant to this Code or are provided with
suitable employment on board a ship proceeding to one of those
destinations.
6. Each Member should require that shipowners take responsibility
for repatriation arrangements by appropriate and expeditious means.
The normal mode of transport should be by air. The Member should
prescribe the destinations to which seafarers may be repatriated. The
destinations should include the countries with which seafarers may be
deemed to have a substantial connection including:
(a) the place at which the seafarer agreed to enter into the
engagement;
(b) the place stipulated by collective agreement;
(c) the seafarer`s country of residence; or
(d) such other place as may be mutually agreed at the time of
engagement.
7. Seafarers should have the right to choose from among the
prescribed destinations the place to which they are to be repatriated.
8. The entitlement to repatriation may lapse if the seafarers
concerned do not claim it within a reasonable period of time to be
defined by national laws or regulations or collective agreements.
Guideline B2.5.2 - Implementation by Members
1. Every possible practical assistance should be given to a
seafarer stranded in a foreign port pending repatriation and in the
event of delay in the repatriation of the seafarer, the competent
authority in the foreign port should ensure that the consular or local
representative of the flag State and the seafarer`s State of
nationality or State of residence, as appropriate, is informed
immediately.
2. Each Member should have regard to whether proper provision is
made:
(a) for the return of seafarers employed on a ship that flies the
flag of a foreign country who are put ashore in a foreign port for
reasons for which they are not responsible:
(i) to the port at which the seafarer concerned was engaged; or
(ii) to a port in the seafarer`s State of nationality or State of
residence, as appropriate; or
(iii) to another port agreed upon between the seafarer and the
master or shipowner, with the approval of the competent authority or
under other appropriate safeguards;
(b) for medical care and maintenance of seafarers employed on a
ship that flies the flag of a foreign country who are put ashore in a
foreign port in consequence of sickness or injury incurred in the
service of the ship and not due to their own wilful misconduct.
3. If, after young seafarers under the age of 18 have served on a
ship for at least four months during their first foreign-going voyage,
it becomes apparent that they are unsuited to life at sea, they should
be given the opportunity of being repatriated at no expense to
themselves from the first suitable port of call in which there are
consular services of the flag State, or the State of nationality or
residence of the young seafarer. Notification of any such
repatriation, with the reasons therefor, should be given to the
authority which issued the papers enabling the young seafarers
concerned to take up seagoing employment.
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Фрагмент документа "КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ".