Formation of the crew of the Russian marine ship – questions of participation of the master of the ship

Skvortsov Alexey Igorevich

Labor relations on merchant marine vessels are regulated by international law, labor legislation, MSC of the RF, charters of service on ships and on discipline, general and sectoral tariff agreements, collective agreements and employment contracts. The general procedure for hiring crew members is determined by the Customs Code of the Russian Federation and the relevant transport legislation that does not contradict it. Labour Code RF does not provide for the master's of the ship consent to hire a crew member, since it regulates the relations of the employee and employer, to whom the captain is not. The question of the legal status and necessity of such consent is quite natural. The literature deals with the implementation of the Convention on Labor in Maritime Navigation in 2006, requirements for seafarers hiring marine vessels, shipowners' rights, crewing, as well as contractual registration of employment. The rights and functions of the master of the ship when hiring a crew, as a rule, remain outside the scope.

Keywords:master of the ship, crew of a sea-going vessel, crewing, hiring.