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

Work in Fishing Convention, 2007 (No. 188) - Spain (Ratification: 2023)

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). It further notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO) provided with the Government’s report, and of the International Transport Workers’ Federation (ITF), received on 1 September 2025, as well as the Government’s replies to these observations. Following an initial examination of the information and documents available, the Committee draws the Government’s attention to the matters addressed below. If necessary, the Committee may return to other points subsequently.

General questions of application. Implementing measures. 1. Royal Decree 618/2020 of 30 June. The Committee notes that the regulations governing working conditions in fishing activities in Spain are currently set out in Royal Decree 618/2020 of 30 June, establishing improvements in working conditions in the fishing sector. Such Decree incorporated into Spanish law EU Directive 2017/159 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organization, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Coeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). In this respect, the Committee notes the indication of the CCOO and the ITF that the Royal Decree has not been updated or modified in view of the commitments under the Convention following its ratification by Spain and that, while the Convention is directly applicable, the failure to incorporate it into national law obstructs its dissemination and, consequently, its application, since only the courts can enforce rights under the Convention unless it is part of the national legislation. The Committee requests the Government to provide its comments in this respect.

2. Collective agreements. The Committee notes the CCOO’s indication that the lack of collective agreements in the fishing sector, which is exceptional in Spain, renders many of the rights granted by the applicable legal provisions, including those stemming from the Convention, ineffective. In this context, the CCOO alleges that, although the existence of collective agreements depends upon employers’ organizations and trade unions, the Government is not mobilizing the many mechanisms that could promote the negotiation of a collective agreement. The Committee requests the Government to provide its comments in this respect.

3. Fishing agreements violating applicable legislation. Migrant fishers. The Committee notes the indication by the CCOO and the ITF that the fleet of purse seiner freezer vessels operating under Sustainable Fisheries Partnership Agreements (SFPAs) protocols – international agreements establishing standards for EU vessels operating in other countries – is in violation of the Convention. Under these protocols, a contract is concluded between the fishing vessel owner and a private recruitment and placement agency, not with the fisher as required by article 20 of the Convention. The CCOO adds that work agreements are governed by the law chosen by the parties, in accordance with article 3 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). However, although the owner and the fisher may decide that the law of the fisher’s country of origin/residence applies to the work agreement (in this case of a third country), this possibility is limited by the implementation of the relevant mandatory provisions (including on salary), based on the application of the conflicting criteria set out under articles 8(2), 8(3) and 8(4) of the Regulation. The Committee further notes the ITF’s indication that delayed payment or withholding of salaries is a frequent issue on board and is also an indicator of forced labour. The ITF alleges that migrant worker crew are often paid two months after the end of the contract, whereas their European counterparts are paid immediately. It also indicates that, while the Convention does not establish the right to a minimum wage for fishers, in 2023 some fishers from Senegal and Côte d’Ivoire employed on vessels flying the Spanish flag received only 219 dollars per month, or 54 dollars per week, an amount far lower than the Spanish minimum wage. The Committee requests the Government to provide its comments in this respect.

Article 3 of the Convention. Scope of application. Exclusions. The Committee notes the Government’s indication that: (i) Royal Decree 1216/1997 establishing the minimum safety and health requirements for work on board fishing vessels applies to all fishing vessels “used for commercial purposes for the catching or catching and processing of fish or other living resources of the sea” and is therefore not applicable to fishing in rivers, lakes or canals, to which the remaining general labour regulations apply; and (ii) Royal Decree 618/2020 (the main law implementing the Convention, containing provisions on safety and health in accommodation on fishing vessels built after its entry into force) does not exclude fishing in rivers, lakes or canals. The Committee understands that fishing in rivers, lakes and canals is not excluded from the scope of application of the Convention. In this context, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the national legislation giving effect to the provisions of the Convention on safety and health at work (Articles 31-33) apply to all fishing vessels covered by the Convention, including those navigating in rivers, lakes or canals.

Article 9(4). Minimum age. Types of hazardous work. The Committee notes the Government’s indication that section 27 of Act 31/1995 of 8 November on the prevention of occupational hazards establishes special protection for the safety and health of workers under 18 and over 16 years of age. In particular, before employing young people under the age of 18, the Government shall establish limitations on their employment in jobs entailing specific risks, following a risk assessment carried out by the employer. The Government adds, with regard to self-employed workers, that section 3(2)(b) of Royal Decree 618/2020 provides that “steps shall be taken to ensure that self-employed workers under the age of 18 do not perform night work or engage in activities on board fishing vessels in respect of which Act 31/1995 imposes limitations for employed workers. The Committee requests the Government to indicate the types of activity identified by the legislation or competent authority as hazardous to the health, safety or morality of young people under the age of 18 working on board fishing vessels in accordance with Act 31/1995, providing details as to how the applicable international standards were taken into account and on the consultations undertaken.

Article 14(1)(b). Hours of rest. Vessels remaining more than three days at sea. The Committee notes the Government’s indication that Royal Decree 1561/1995 of 21 September, which regulates working time at sea, provides that: (i) the total working day may in no case exceed 14 hours in any 24-hour period or 72 hours in any seven-day period; and (ii) between the end of one day and the start of the next, workers shall be entitled to a minimum rest of six hours (sections 16 and 17). Recalling that for fishing vessels, regardless of size, remaining at sea for more than three days minimum hours of rest shall not be less than ten hours in any 24-hour period or 77 hours in any seven-day period, the Committee requests the Government to indicate the steps taken to amend section 17 of Royal Decree 1561/1995 to ensure its full conformity with Article 14(1)(b) of the Convention.

The Committee notes the ITF’s indication that fishers are not afforded the hours of rest necessary to limit fatigue and to ensure the safety of the vessel, as set out in Article 14 of the Convention: these workers work more hours than stipulated in their contracts and are not paid overtime. The Committee requests the Government to provide its comments in this respect.

Article 17(b). Fisher’s work agreement. Service record. The Committee notes, in connection with this requirement, the Government’s reference to the daily work record. The Committee recalls that Article 17(b) relates to records concerning the fisher’s work under such an agreement. The Committee requests the Government to indicate the measures taken to give effect to Article 17(b).

Article 18. Fisher’s work agreement. Copy on board. The Committee notes the Government’s indication that section 9(3) of Royal Decree 1659/1998 of 24 July, implementing section 8(5) of the Workers’ Statute dealing with information for workers on the main elements of the employment contract, as amended, exempts fishing vessels of up to 24 metres in length from the obligation to carry contracts of employment on board, unless they have to enter a foreign port. Noting that no such exemption is provided for in the Convention, the Committee requests the Government to indicate the measures taken to give full effect to Article 18.

Article 22(3)–(5). Recruitment and placement. Requirements. Private employment agencies. The Committee notes the Government’s indication that: (i) labour mediation in Spain can be undertaken both by public and private placement services; (ii) placement agencies must obtain authorization from the public employment service, which is granted in accordance with the requirements of Royal Decree 1796/2010 of 30 December, regulating placement agencies; and (iii) the State Public Employment Service (SEPE) is responsible for inspecting private recruitment services. The Committee requests the Government to provide information on the legislation and other measures adopted to give effect to Article 22(3) (requirements of private services providing recruitment and placement for fishers). Noting that Spain has ratified the Private Employment Agencies Convention, 1997 (No. 181), the Committee further requests the Government to indicate whether specific responsibilities under Convention No. 181 have been allocated to private employment agencies that employ workers with a view to making them available to a third party (a “user enterprise”), which assigns their tasks and supervises the execution of these tasks and, if so, how effect is given to Article 22(4) of Convention No. 188.

Article 22(3)(a), (b). Recruitment and placement. Requirements. The Committee notes the ITF’s indication that fishers who work aboard vessels flying the Spanish flag have been subjected to unfair deductions by recruitment and placement agencies and that such agencies establish blacklists of fishers, among others, in connection with their trade union activities. The Committee requests the Government to provide its comments in this respect.

Article 31(e)-33. Occupational safety and health and accident prevention. Joint committees and participation of fishers in risk evaluation. The Committee notes, in connection with the consultation and involvement of workers or their representatives on safety and health issues, that the relevant legislation (section 8 of Royal Decree 1216/1997) refers to the Act on the prevention of work-related risks. The Committee further notes, in connection with the application of Article 33, the Government’s reference to this Act and to Royal Decree 39/1997 of 17 January, approving the Regulations on Prevention Services. The Committee requests the Government to indicate the measures giving effect, on fishing vessels covered by the Convention, to the requirements concerning: (i) the setting up of joint committees on occupational safety and health or, after consultation, of other appropriate bodies; and (ii) the participation of fishers or their representatives in risk evaluation in relation to fishing.

Articles 34 and 35. Social security.Protection for fishers ordinarily resident in its territory. Conditions no less favourable than those applicable to other workers. Progressive comprehensive protection. The Committee notes the comprehensive information provided by the Government, in particular with regard to the Special Social Security Scheme for Seafarers regulated by Act 47/2015 of 21 October, which covers fishers, to the European Union legislation and to bilateral or multilateral agreements on the coordination of social security systems. The Committee requests the Government to provide: (i) statistical data on fishers ordinarily resident in Spain and working on board foreign flag fishing vessels who are not covered by European Union agreements on the coordination of social security systems or by bilateral agreements; (ii) information on how it ensures these fishers’ social security coverage under conditions no less favourable than those applicable to other workers ordinarily resident in Spain; and (iii) information on the measures taken to achieve progressively comprehensive social security protection for all fishers ordinarily resident in Spain.

Article 36. Social security. Cooperation. Bilateral or multilateral agreements. The Committee notes the allegations of the CCOO and the ITF concerning the limits on the portability of social security benefits for fishers working on board vessels flying the Spanish flag who are resident in a third country that is not subject to European Union regulations on the coordination of social security systems or covered by a bilateral social security agreement, who have paid social security contributions for a shorter period than the qualifying period required to receive a contributory benefit.

In this context, the ITF indicates that cases have been reported of migrant fishers working on vessels under the Spanish flag who are neither affiliated with the social security system in Spain nor in their countries of residence in West Africa or Indonesia. The Committee notes the Government’s indication, in response to these allegations, that in order to streamline recruitment processes and in view of strategic considerations for the fishing sector, the Resolution of 8 April 2019 of the State Migration Secretariat, concerning the procedure for the granting of residence and work permits for third-country foreign nationals engaged on Spanish fishing vessels operating outside the Exclusive Economic Zone of Spain and outside the Mediterranean Sea without an international fishing agreement, was adopted.

The Resolution provides for the compulsory registration of these workers in the Special Social Security Scheme for Seafarers. The Government further indicates that, while financial benefits linked to residency (for example, healthcare and short-term allowances or benefits), are not exportable to third countries with which there is no international coordination instrument on social security, under the Spanish social security system the pensions of beneficiaries resident in any foreign country are exportable.

The Government concludes that third-country workers not covered by Community regulations or by bilateral or multilateral agreements on the coordination of social security systems are not entitled to count their social security contributions towards the social security system of their country of residence. The legal solution in this case would be to conclude new bilateral or multilateral agreements between the countries affected. The Committee requests the Government to provide information on measures to achieve progressively comprehensive social security protection for fishers, taking into account the principle of equal treatment, irrespective of nationality.

Articles 40–44. Compliance and enforcement. The Committee notes the Government’s indication that inspection activities under the Convention are carried out by three authorities responsible for monitoring application and enforcement: the Labour and Social Security Inspectorate (ITSS), the Marine Social Institute (ISM) and the Merchant Shipping Department (DGMM), within the remit of their respective competences. The Committee notes the indication of the CCOO and the ITF that, under section 19(1)(b) of Act 23/2015 of 21 July, regulating the labour inspection and social security system, the ITSS cannot operate on vessels flying the Spanish flag if they are outside Spanish territorial waters or waters over which Spain exercises jurisdiction. Therefore, in such cases (of which there are many, since a significant portion of Spanish fishing vessels fish in international waters or in waters under the sovereignty of other States), neither the ITSS nor any other authority has a mandate under Article 40. The Committee notes the Government’s indication, in response to these allegations, that on fishing vessels which do not return to a Spanish port or to waters over which Spain exercises jurisdiction within a period of five to two months prior to the expiry of the certificate of compliance, inspection visits on board the vessel may be carried out by DGMM inspectors or by an authorized body. Once the inspection visit is completed, the shipowner is required to submit, by electronic means, the expert report and the remaining documentation for verification by each authority responsible for monitoring according to the matters within its competence. In any case, the ITSS remains fully responsible for the inspection of living and working conditions on board Spanish fishing vessels, so that the effectiveness of inspection activity is not compromised. The Committee notes this information.

The Committee notes that, in connection with the procedure for the issuance of the “certificate of work in fishing”, the Government refers to DGMM Service Instruction 01/2014. The Committee requests the Government to provide this text, as well as any relevant legislation and documents concerning compliance and enforcement of the Convention.