Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes with interest that, on 4 February 2010, Spain ratified the Maritime Labour Convention, 2006 (MLC, 2006). The entry into force for Spain of the MLC, 2006, will result in the automatic denunciation of, among others, the present Convention. Pending the entry into force of the MLC, 2006, however, the Committee will continue to examine the conformity of national legislation with the relevant requirements of the present Convention.

Article 1(4) of the Convention. Definition of the term “seafarer”. Recalling that the Convention applies to all seafarers, as defined in Article 1(4), the Committee once again requests the Government to indicate whether the term “crew member” (“tripulante”) means any person who is employed in any capacity on board a seagoing ship engaged in commercial maritime navigation to which this Convention applies.

Article 2(1)(c). Repatriation in the event of illness, injury or other medical condition. The Committee requests the Government to specify any provisions in national laws, regulations or collective agreements guaranteeing the seafarers’ right to repatriation in the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel.

Article 2(1)(f). Ship bound for war zone. In the absence of the Government’s reply on this point, the Committee reiterates its request for clarification as to whether, in the case of a ship bound for a war zone, the seafarers are entitled – apart from asking for their transfer to another ship or taking annual leave – to ask for their repatriation, as provided for in this Article of the Convention.

Article 2(1)(g). Termination or interruption of employment in accordance with an industrial award or collective agreement. The Committee requests the Government to specify any provisions in national laws, regulations or collective agreements recognizing the seafarers’ right to repatriation in the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason.

Article 2(2). Maximum duration of service periods. The Committee again requests the Government to indicate the maximum period of service – not exceeding 12 months – prescribed by national laws, regulations, or collective agreements, following which a seafarer is entitled to repatriation.

Article 3(2). Selection of destinations for repatriation. The Committee requests the Government to indicate: (i) which provisions ensure that the seafarer has the right to choose from among several destinations, such as the place at which he/she agreed to enter into the engagement, the place stipulated by an applicable collective agreement, his/her country of residence or such other place as may be mutually agreed at the time of the engagement; and (ii) whether the “port of boarding” (puerto de embarque) under section 95 of the Ordinance on Work in the Merchant Marine, is identical to the “place at which the seafarer agreed to enter into the engagement”.

Article 4(1). Shipowner’s responsibility to repatriate. The Committee once again requests the Government to specify the provisions in national laws, regulations or collective agreements prescribing that the normal mode of transport for repatriation purposes be by air.

Article 4(3). Recovery of repatriation costs from the seafarer. The Committee requests the Government to indicate the legislative or regulatory provisions, if any, that allow for the recovery of the repatriation costs from the seafarer only in those instances where repatriation has taken place as a result of the seafarer being found to be in serious default of his/her employment obligations.

Article 4(5). Prohibition of advance payments and deductions. The Committee requests the Government to specify any legislative or regulatory provisions guaranteeing that seafarers may not be required to make advance payments towards the cost of repatriation at the beginning of their employment, nor may any repatriation expenses be deducted from their remuneration except in the case of serious default.

Article 6. Passport and other identity documents. Please specify how it is ensured in law and practice that seafarers who are to be repatriated are able to obtain their passport and other identity documents for the purposes of repatriation.

Article 7. Paid leave. Please indicate how it is ensured in law and practice that time spent awaiting repatriation and repatriation travel time is not deducted from paid leave accrued to the seafarer.

Article 12. Availability of Convention text in appropriate language. Please indicate how it is ensured in law and practice that the text of the Convention is available in an appropriate language to the crew members of every ship registered in the country.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government in its report concerning the number and type of inspections performed during the period 2006–09. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including copies of all relevant collective agreements.

Finally, the Committee takes this opportunity to recall that the main provisions of Convention No. 166 have been incorporated in Regulation 2.5, Standard A2.5 and Guideline B2.5 of the MLC, 2006, and therefore ensuring compliance with Convention No. 166 would greatly facilitate the implementation of the corresponding requirements of the MLC, 2006.