Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 2, paragraph 1(f), of the Convention. The Committee notes that while under this provision of the Convention, 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 has the right not to depart for this voyage and to be transferred to another ship; in cases when immediate transfer is not possible, the crew member shall have the right to use his respective annual holidays. The Committee asks the Government to clarify whether under these circumstances the seafarer has the right to ask for repatriation and to indicate the corresponding provisions.

Article 2, paragraph 2. The Committee notes the Government’s earlier indication that the maximum duration of service on board following which a seafarer is entitled to repatriation is always affected by the scope of the seafarer’s right to paid holidays. The Committee recalls that the necessity to provide for repatriation in case of annual holidays was only one of the reasons behind the inclusion of Article 2, paragraph 2, into the text of the Convention. Another reason for including this provision was the necessity to address the problems faced by seafarers from the so-called third world countries who, lacking in bargaining power, were often on board ship for very long periods before being able to return home. For this reason a maximum period ("less than 12 months"), following which the national legislation or collective agreements are to entitle a seafarer to repatriation, has been prescribed.

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; and (ii) is entitled to repatriation in cases other than taking his annual holidays fully or partially (e.g. family problems).