Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 - Espagne (Ratification: 1961)

Articles 3 to 11 of the Convention. Fishers’ articles of agreement. The Committee notes that the Government, without replying to its previous comment concerning gaps in Act No. 8/1980 of 10 March 1980 issuing general regulations for workers, confirms that the regulations applying to fishers’ articles of agreement are identical to those in force for other workers. The Committee understands that, in a 1996 socio-economic analysis of the fishing sector (Report 7/1996 of 27 November 1996), the Economic and Social Council noted the absence in the Spanish legal system of fishing-specific regulations concerning employment contracts. It also understands that a number of Spanish academics have pointed out the gaps in the Spanish social legislation – particularly with respect to fishers’ articles of agreement, following the repeal of ordinances on work in fishing. The Committee can only express its concern at the absence, in Act No. 8/1980, of provisions giving effect to the main requirements of the Convention, such as the written form of the articles of agreement (Article 3), the particulars that must be contained in this agreement (Article 6) and the possibility for the fisher to obtain information on board about the conditions of employment (Article 8). Consequently, the Committee requests the Government to provide a detailed report describing the way in which the implementation of the various provisions of the Convention are ensured and, if applicable, the measures it envisages taking in order to guarantee their full application. The Government is also requested to submit a copy of collective agreements applicable to the fishing sector that might contain provisions relating to the articles of agreement.

Finally, the Committee draws the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments and sets out a new comprehensive standard on fishers’ working and living conditions. In particular, Articles 16 to 20 and Annex II of Convention No. 188 draw upon and expand on the provisions of Convention No. 114. The Committee accordingly invites the Government to consider favourably the ratification of Convention No. 188 and requests it to keep the Office informed of any decision taken in this regard.

[The Government is asked to reply in detail to the present comments in 2012.]