Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Repatriation of Seafarers Convention (Revised), 1987 (No. 166) - Spain (Ratification: 1990)

The Committee notes the Government’s reports. It requests the Government to provide further information on the following points.

Article 1, paragraph 4, of the Convention.  Please indicate whether the term "crew member" ("tripulante") means any person who is employed in any capacity on board a seagoing ship to which this Convention applies.

Article 2, paragraphs 1(a), 1(b), 1(d) and 4.  Please clarify: (i) whether under the legislation or collective agreements the shipowner has the duty not only to cover the cost of repatriation, but also to arrange for repatriation; and (ii) whether the work during the probationary period is considered as a separate "engagement for a specific period" or whether the probationary period constitutes an integral part of an employment contract.

Article 2, paragraph 1(c).  Please indicate specific provisions of national laws, regulations or collective agreements imposing on the shipowner the duty to repatriate the seaman in the event of illness or injury or other medical condition which requires his or her repatriation when found medically fit to travel.

Article 2, paragraph 1(f).  The Committee notes that under Article 2, paragraph 1(f), a seafarer shall be entitled to repatriation in the event of a ship being bound for a war zone, as defined by national laws or regulations or collective agreements, to which the seafarer does not consent to go. Under article 30(a) of the 1996 Collective Agreement (with limited effect), when the ship should depart to a zone of actual war, the crew member has the right not to depart for this voyage and to be transferred to another ship; in cases when the immediate transfer is not possible, the crew member shall have the right to use his respective holidays. The Committee asks the Government to clarify whether the seafarer has the right to ask for repatriation and to indicate the corresponding provisions.

Article 2, paragraph 2.  The Committee asks the Government to indicate the minimum period of service prescribed by national laws, regulations, or collective agreements following which a seafarer: (i) is entitled to use his annual holidays fully or partially; or (ii) is entitled to repatriation in cases other than taking his annual holidays fully or partially (e.g. family problems).

Article 3, paragraph 2.  Please indicate: (i) how it is ensured that the seafarer has the right to choose from among the prescribed destinations the place to which he or she is to be repatriated; and (ii) whether the "place of boarding" ("puerto del embarque") is identical to the "place at which the seafarer agreed to enter into the engagement".

Article 4, paragraph 1.  Please indicate specific provisions of national laws, regulations or collective agreements prescribing that the normal mode of transport be by air.

Article 5.  Please indicate whether the Social Institute of the Merchant Marine has the responsibility for repatriation of abandoned foreign seafarers employed on ships registered in Spain.

The Committee asks the Government to indicate specific provisions of national laws, regulations or collective agreements giving effect to Article 2, paragraph 1(g); Article 4, paragraphs 3, 5 and 6; Articles 6, 7 and 12 of the Convention.

Part III of the report form.  Please indicate by what methods the application of the Convention is supervised.

The Committee also asks the Government to provide a copy of the resolution of the Directorate General of the Spanish Institute of Emigration, dated 3 May 1990 (Article 10 of the Convention).