Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Spain (Ratification: 2010)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It also notes that the amendments to the Code of the Convention adopted by the International Labour Conference in 2018 and 2022 entered into force for Spain on 26 December 2020 and 23 December 2024, respectively. The Committee notes the observations made by the Spanish Confederation of Employers’ Organizations (CEOE), the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), and the Trade Union Confederation of Workers’ Commissions (CCOO), transmitted by the Government, and the Government’s response to these observations. With reference to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article II, paragraphs 1(f), 2, 3 and 7, of the Convention. Definitions and scope of application. Seafarers. National determination. 1. Staff with short-term contracts. In its previous comments, the Committee noted that the Decision of 18 April 2013 of the Directorate-General for Merchant Shipping (DGMM) provides that, among others, invited artists and catering staff who work on board occasionally and for short periods shall not be considered to be seafarers for the purposes of the Convention. The Committee notes that, in response to its previous comments, the Government confirms that the workers referred to in this decision generally board ship for one voyage in order to provide services for a specific event and adds that shipowners cannot engage these workers in their enterprises to perform work for one day as this would be contrary to national labour legislation. The Committee takes note of this information.

2. Cadets. The Committee recalls that, under Spanish law, the provisions of the Convention are not applied to all apprentices, as only cadets engaged in apprenticeships who have a contractual relationship with the shipowner (apprenticeship contract) are protected by the Convention. The Committee notes that the Government reiterates that cadets engaged on board ship in apprenticeship training in order to obtain their academic certificates are not workers employed by third parties and do not have an employment relationship with the shipowner. Such students are not considered seafarers for the purposes of the MLC, 2006, and must be enrolled under an agreement with the training centre in which they are registered, which must include the conditions governing the apprenticeship, as established in Royal Decree No. 592/2014 of 11 July, and insurance coverage. The Government adds that, since such a relationship is not covered by the Statute of Workers’ Rights, it may be understood that Act No. 31/1995 of 8 November on occupational risk prevention (LPRL) and its implementing provisions are not directly applicable to cadets. However, the enterprise or institution in which cadets undertake their apprenticeship must comply with certain preventive requirements, including risk assessment. Lastly, the Government indicates that this substantially equivalent provision is detailed in the Declaration of Maritime Labour Compliance (DMLC), Part I, issued to all ships certified under the MLC, 2006. While noting the Government’s indications, the Committee notes that the Government has neither specified the measures that are substantially equivalent to the relevant provisions of Part A of the Code of the Convention, nor indicated how it gives effect to Article VI, paragraphs 3 and 4. The Committee requests the Government to provide detailed information on: (i) the provisions of the Convention for which substantial equivalence is invoked; (ii) the reasons that prevented the application of such requirements (Article VI, paragraph 3), and (iii) how it has verified that the substantially equivalent measures meet the criteria established in Article VI, paragraph 4.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships with a gross tonnage of less than 200. The Committee notes that the DGMM Resolution of 2 April 2024, provides that ships with a gross tonnage of less than 200 that do not engage in international voyages or navigate in the territorial waters of another State are exempt from compliance with the MLC, 2006, as long as they maintain “conditions for exclusively domestic navigation”. The Commission recalls that the flexibility provided for in Article II, paragraph 6, for ships with a gross tonnage of less than 200 that do not engage in international voyages does not allow for the complete exclusion of these ships from the application of the Convention. This provision allows for exceptions, in consultation with the shipowners’ and seafarers’ organizations concerned, only with respect to the application of “certain details of the Code” (namely, the Standards and Guidelines), and “to the extent that the subject matter is dealt with differently in national laws or regulations or collective bargaining agreements, or other measures”. The Committee also recalls that, for the purpose of the Convention, the term ship means a ship other than one which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee requests the Government to indicate the meaning of “conditions for exclusively domestic navigation” in the framework of the DGMM Resolution of 2 April 2024, and, where applicable to take the necessary measures to ensure that any flexibility applied to ships of less than 200 gross tons not engaged in international voyages is in full compliance with Article II, paragraph 6.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s indication that: (i) the Decree of 26 July 1957 regulating work prohibited for young persons sets out the activities and work which, owing to their hazardous nature, may not be performed by persons under the age of 18 years and over the age of 16 years; and (ii) the Law of Prevention of occupational risks (Law No. 31/1995) provides that the Government shall establish limitations on the recruitment of workers under the age of 18 years in work involving specific risks. Noting that the Decree of 1957 makes no reference to work at sea, the Committee requests the Government to adopt without delay the list of hazardous types of work prohibited for seafarers under the age of 18 years, including apprentices and cadets engaged in apprenticeship, in accordance with Standard A1.1, paragraph 4.

Regulation 1.2 and the Code. Medical certificate. The Committee notes with interest that Royal Decree No. 505/2024, issued on 15 June 2024, replacing Royal Decree No. 1696/2007 to ensure, among other things, conformity with the MLC, 2006, establishes the psychological and physical fitness requirements for work on board ships and regulates medical fitness examinations for seafarers, including initial and periodic medical fitness examinations. The Committee takes note of this information.

Regulation 1.4 and the Code. Recruitment and placement. Following its previous comments, the Government notes with interest that the DGMM Resolution of 2 April 2024 complies with the requirements of Standard A1.4, paragraphs 5(c) and 9, and regulates the procedure for the authorization by the DGMM of the private recruitment and placement services. The Committee notes the indication by the CCOO that certain placement agencies recruit Spanish crew members to work on ships flying the Spanish flag, with the placement agency appearing as the employer in the seafarers’ employment agreement. The CCOO maintains that this contravenes section 43 of the Statute of Workers’ Rights, given that only temporary work agencies may employ a person directly, whereas placement agencies may act solely as intermediaries between candidates and employers – in this case the shipping company or the shipowner, who assumes the role of employer. The Committee notes the Government’s indication, in response to the CCOO’s observations, that sections 314 to 318 of Act No. 14/2014 of 24 July on maritime navigation (on the ship management agreement) provide for operating arrangements for a placement agency, according to which a person undertakes, in exchange for remuneration, to manage, on behalf of and in the name of the shipowner, all or some of the aspects involved in the operation of the ship. Therefore, agencies that recruit workers and place them at the disposal of shipowners do so under a ship management agreement, that meaning that the contract is concluded by the shipowner as employer. The Government expresses its willingness to carry out the necessary checks and to investigate any possible fraudulent use of placement agencies. Emphasizing the importance of the legal relationship that the MLC, 2006, establishes between seafarers and the person defined as the “shipowner” in Article II, the Committee recalls that, under Standard A2.1, paragraph 1(a), a seafarers’ employment agreement must, in all cases, be signed by the shipowner or a representative of the shipowner. The Committee requests the Government to: (i) indicate the measures taken to ensure that the seafarers’ employment agreement is, in all cases, signed by the shipowner (or a representative of the shipowner on behalf of the latter) and the seafarer, in accordance with Standard A2.1, paragraph 1(a); and (ii) provide an example of a seafarers’ employment agreement used where a placement agency is involved in seafarers’ employment.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Termination. Shorter periods of notice for urgent reasons. The Committee notes the Government’s indication, in reply to its previous comments, that “no notice is provided for in cases where termination results from circumstances of a highly personal nature, not governed by the will of the parties”. The Committee requests the Government to indicate the applicable legislative provision.

Regulation 2.1 and Standard A2.1, paragraph 3. Seafarers’ employment agreements. Record of employment. The Committee notes with interest the Government’s indication, in response to its previous comments, that the Order of 18 January 2000 approving the Regulations on the dispatch of ships, which provided that the master must note in the seafarer’s maritime registration document (libreta de inscripción marítima) the reason for the termination of their employment agreement (section 34(2)), has been repealed with effect from 11 April 2023, by Royal Decree No. 186/2023 of 21 March. The Committee takes note of this information, which addresses its previous request.

Regulations 2.1 and 2.2 and Standard A2.1, paragraph 7, and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes the Government’s indication that all shipowners are required to include this provision in the DMLC, Part II. The Committee asks the Government to send examples of the DMLC, Part II, approved by the competent authority, containing a reference to these requirements of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. In its previous comments, the Committee asked the Government to take measures to extend the application of the legislation on hours of work on board ship (Royal Decree No. 1561/1995) to masters. In the absence of new information on this matter, the Committee requests the Government to take the necessary measures without delay to ensure that the legislation giving effect to Regulation 2.3 applies to masters. In its previous comments, noting that section 17(2)(a) of Royal Decree No. 1561/1995 (which establishes a minimum rest of eight hours) is not fully in conformity with Standard A2.3,paragraph 5(a), the Committee asked the Government to take the necessary measures to bring its legislation into conformity with the Convention. In the absence of new information on this matter, the Committee requests once again the Government to take the necessary measures without delay to ensure that all seafarers benefit from the periods of rest set out in Standard A2.3,paragraph 5(a).

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2. Repatriation. Circumstances. The Committee notes that the Government has not provided any new information in response to its previous request. The Committee recalls that the relevant legislation does not give effect to Standard A2.5.1, paragraphs 1 and 2. The Committee once again requests the Government to provide information in relation to the observations made by the General Union of Workers (UGT) (on the repatriation costs borne by seafarers in case of termination of contract during the probationary period) and to take appropriate measures without delay to give full effect to Standard A2.5.1, paragraphs 1 and 2, so as to regulate in detail the circumstances in which seafarers are entitled to repatriation, the maximum duration of service periods on board and the entitlements to be accorded by shipowners for repatriation.

Regulation 2.5 and Standard A2.5.2. Regulation 4.2 and Standards A4.2.1 and A4.2.2. Financial security. With reference to the 2014 amendments to the Code of the Convention, the Committee notes the Government’s indication that ships must have insurance or financial security issued by a member of the International Group of P&I Clubs, in accordance with the requirements established in Standards A2.5.2 and A4.2.1 and issued in accordance with Appendices A2-I and A4-I. The Government further indicates that, although there is no legislation specifically regulating the circumstances under which a seafarer is considered abandoned, situations of need that are not covered owing to an enterprise’s insolvency are regarded as cases of abandonment. The Committee also notes that, in the context of the financial security under Standards A4.2.1 and A4.2.2, the Government refers to the direct application of the provisions of the Convention. In this regard, the Committee notes that some of these provisions require the adoption of legislation or other implementing measures (see, for example, Standard A4.2.2, paragraph 3, on receiving, dealing with and settling contractual claims). The Committee requests the Government to provide information on the financial security systems established under Standards A2.5.2, paragraph 3, and A4.2.2, paragraph 2, their respective coverage, and the related consultations with the seafarers’ and shipowners’ organizations concerned, as well as on the measures taken to receive, deal with and impartially settle contractual claims relating to compensation referred to in Standard A4.2.1, paragraph 8. It also asks the Government to provide a copy of the certificates issued in accordance with Appendices A2-I and A4-I.

Regulation 2.6 and the Code. Compensation for the ship’s loss or foundering. The Committee notes the Government’s indication that, pursuant to section 40 of Act No. 47/2015 of 21 October regulating the social protection of workers in the maritime fishing sector, the following provision is established for such persons: (a) assistance abroad for maintenance and repatriation in cases of abandonment, capture, the ship’s foundering or similar events; and (b) assistance to persons in transit, whether national or foreign, in the national territory who require it as a result of a ship’s foundering, accident or any other justified reason. The Committee notes that this provision does not give full effect to Standard A2.6, which provides that the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from the loss or foundering of the ship. The total indemnity may be limited to two months’ wages (Guideline B2.6.1(1)). The Committee requests the Government to take the necessary measures to give full effect to Standard A2.6.

Regulation 2.7 and the Code. Manning levels. In the absence of new information on this matter, and with reference to its previous comments, the Committee requests the Government to indicate the measures taken to follow up on the UGT’s observations concerning the inadequacy of minimum manning levels.

Regulation 2.8 and the Code. Career and skill development and opportunities for seafarers’ employment. The Committee previously noted the UGT’s observations, according to which there is no national policy for career and skill development and employment opportunities, except for an increasingly limited supply of public training for seafarers. In the absence of information on this matter, the Committee once again requests the Government to provide information on this subject.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that the Government confirms that the provisions of the Convention on this matter are directly applicable and that this has been reflected in the DMLC, Part I. The Committee takes note of this information and requests the Government to provide information on any exemptions granted in accordance with Standard A3.1, paragraph 20, as well as on any consultations held in this regard with the shipowners’ and seafarers’ organizations concerned.

Regulation 3.2 and the Code. Food and catering. The Committee previously noted the Government’s indication that the provisions of the Convention on this matter are directly applicable. The Committee notes that the Government refers to general legislation on food hygiene and control, and the control of drinking water, which is set out in the DMLC, Part I. The Government adds that the Marine Social Institute has been implementing a series of measures to provide guidance to the maritime sector on the provisions contained in Regulation 3.2, including educational campaigns and the publication of guidance on food and drinking water (the on-board Health Guide). The Committee notes this information.

Regulation 3.2 and Standard A3.2, paragraphs 3 and 4. Ships’ cooks. The Committee notes the Government’s indication, in reply to its previous comments, that there are two pathways to obtain the Ship’s Cook Certificate: (i) based on the practical experience accumulated (a person who has worked on board as a cook for at least 12 months during the last five years); and (ii) by holding the Professional Cook’s Certificate issued upon completion of the Intermediate Vocational Training Programme in Cookery (Royal Decree No. 2219/1993 of 17 December) or by providing the Basic Vocational Training Certificate in Cookery and Catering Services (Royal Decree No. 127/2004 of 28 February). The Committee notes this information.

Regulation 4.1 and 4.2.1 and Standards A4.1, paragraph 1, and Standard A4.2.1, paragraph 1. Medical care on board ship and ashore. Disembarkation in a foreign port. Shipowners’ liability. In the absence of any new information on this subject, and with reference to its previous comments, the Committee requests the Government to indicate the manner in which it is ensured that the provision of medical care ashore, in accordance with the requirements set out in Standard A4.1, paragraph 1, and the manner in which all the requirements of Standard A4.2.1, apply to seafarers who work on board ships flying the Spanish flag and who are not covered by the Special Social Security Scheme for Seafarers (REM).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the indications of the CEOE and CEPYME that: (i) in Spain there is no specific legislation on occupational safety and health management applicable to seafarers working on ships flying the Spanish flag; (ii) no national guidance specific to the sector has been developed on this subject; (iii) the legislation on the prevention of occupational risks (in particular the LPRL and Royal Decree No. 39/1997 approving the Regulations on prevention services), insofar as it concerns preventive training for workers, is impossible or very difficult for ships flying the Spanish flag to comply with, as it is designed for work on land and does not reflect the realities of the sector; (iv) the theoretical and practical training programme that any officer on a merchant ship must complete in accordance with international standards (MLC, 2006; International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW); International Safety Management (ISM) Code) is much more specific, comprehensive and detailed than that required under national legislation, as it focuses directly on the specific risks arising from work at sea, but cannot in itself constitute preventive training on board in accordance with Spanish legislation; and (v) representative shipowners’ and seafarers’ organizations were not consulted prior to the adoption of Spanish legislation relating to health and safety protection and accident prevention. The Committee notes the Government’s indications in response to these observations that national and international legislation on the prevention of occupational risks must be complementary and converge towards improving the safety, health and welfare of seafarers. The Government emphasizes the need to consider occupational risks from a holistic perspective, taking into account not only maritime safety but also operational safety during the performance of assigned tasks. Regarding the question of adapting the general guidance of the National Institute of Occupational Safety and Health (INSHT), the Government indicates that the non-binding technical guidelines issued to facilitate the implementation of the Royal Decrees implementing the LPRL are generally applicable to all sectors covered by the relevant legislation and therefore do not need to be adapted to specific sectors. With respect to consultation with representative shipowners’ and seafarers’ organizations, the Government indicates that the employers’ organizations are represented on the National Occupational Safety and Health Committee (CNSST), a collegiate advisory body to the public authorities in the development of prevention policies and a body for institutional participation in matters of occupational safety and health. In particular, the difficulties indicated concerning the application of section 19 of the LPRL on preventive training were discussed within the Maritime Fisheries Sector Working Group of the CNSST at a meeting held in 2023. While noting this information and with reference to its previous comments, the Committee requests the Government to take the specific measures necessary without further delay to give effect to the detailed requirements set out in Standard A4.3, paragraphs 1 and 2 (for example, safety and health policies and programmes on board ships; on-board programmes for the prevention of occupational accidents, injuries and diseases; and the obligations of shipowners, masters and seafarers responsible for safety on board) and to provide information on the consultations with the representatives of the shipowners’ and seafarers’ organizations in this regard.The Committee also once again requests the Government to develop without delay national guidelines for the management of occupational safety and health on board ships.

Regulation 4.5 and the Code. Social security. The Committee notes that the CCOO refers, as in its previous observations, to the difference in social security coverage between those sailing under the Spanish flag and those sailing on ships flying foreign flags. In particular, the “type B” special scheme, which can cover seafarers who have not completed at least 1,080 days of contributions, or who are entering the labour force for the first time on ships flying a foreign flag, provides coverage of a much lower level than that of the scheme available to workers who have contributed at least 1,080 days under other schemes, and certainly with poorer benefit conditions and a lower contribution base than that of seafarers covered by Act No. 47/2015 regulating the social protection of persons working in the maritime fishing sector. The Committee notes the Government’s indication in response to these observations that it is aware that this matter is a long-standing claim of the maritime fishing sector and is examining the possibilities for reforming the current legislation. The Committee requests the Government to provide information in its next report on progress made in this regard.In the absence of information on these points, the Committee requests the Government to provide: (i) details on the social security coverage of seafarers under the bilateral and multilateral agreements referred to in its report; and (ii) up-to-date statistical information on seafarers who are not Spanish nationals who work on board ships registered in the Special Register of the Canary Islands, including on the conditions of work and of social security applicable to them.

Regulation 5.1.2. Authorization of recognized organizations. The Committee notes the Government’s indication, in reply to its previous comments, that Royal Decree No. 927/2020 of 27 October, which extends the scope of activities of ship inspection and certification organizations and amends Royal Decree No. 877/2011 of 24 June and Royal Decree No. 357/2015 of 8 May, authorizes the recognized organizations to carry out the MLC, 2006 inspection functions in foreign ports and on Spanish territory for the issuance of the definitive Maritime Labour Certificate (except for the first issuance) and the on-board inspection report for ships of less than 500 gross tonnage. The Committee notes that the DGMM Resolution of 2 April 2024 establishes that, despite the aforementioned legislation, given the peculiarity of the MLC, 2006 (in which, in addition to the DGMM, the Labour and Social Security Inspectorate and the Marine Social Institute are involved in its application, and because these two bodies cannot delegate their inspection powers in national ports), recognized organizations (ROs) may not carry out inspections on Spanish-flagged ships in national ports or Spanish territorial waters. Consequently, ROs may only carry out inspections in foreign ports and only to issue their inspection reports for the subsequent issuance or renewal by the DGMM of the Certificate and the Inspection Report for Ships under 500 GT. The Committee notes that, in accordance with Royal Decree No. 927/2020, the Labour and Social Security Inspectorate, the Marine Social Institute and the DGMM may, where appropriate, authorize public institutions or other organizations that they deem to have sufficient capability, competency and independence to carry out the inspection functions under the Convention. In such cases, a system must be established to ensure the adequacy of work performed by the organizations, and procedures for communication with and oversight of such organizations, in accordance with Directive 2013/54/EU of the European Parliament and of the Council of 20 November concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006. Furthermore, under the above-mentioned Royal Decree, the DGMM must also provide the ILO with an updated list of all authorized recognized organizations and their functions. The Committee takes note of this information.

Regulation 5.1.6. Marine casualties. The Committee notes that the Government has not provided any new information in response to its request concerning the obligations under labour legislation to notify and report occupational injuries and diseases. With reference to its previous comment, the Committee requests the Government to take the necessary measures without further delay to ensure that an official inquiry is held into any serious marine casualty leading to injury.