Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Work in Fishing Convention, 2007 (No. 188) - Portugal (Ratification: 2019)

The Committee notes the Government’s second report on the application of the Work in Fishing Convention, 2007 (No. 188).

Impact of the COVID-19 pandemic. The Committee notes, in reply to its previous comments, the Government’s reference to several financial measures adopted to support workers because of the COVID-19 pandemic lockdown, and applicable to the fishing sector. The Committee also notes that, concerning the observations received from the UGT on the effectiveness of the inspections conducted by the Authority for Working Conditions (ACT) in the fishing sector in the context of the of COVID-19 pandemic, particularly regarding compliance with national legislation in cases of alteration of vessels, the Government has provided statistical information regarding the inspections and coercive procedures formalized in the sector for 2021 and 2022. The Government indicates that, in 2021, ACT carried out 326 inspection visits in this sector, covering 366 workers and 271 companies, with a total of 283 establishments/vessels. In terms of inspection control, 5 coercive procedures were formalized. Compared to the previous year (2020), there was an increase of 466 per cent in the number of establishments/vessels visited (an increase of 233), a 464 per cent increase in the number of companies (an increase of 223), a 22 per cent increase in the number of workers (an increase of 66) and 300 per cent increase in the number of infractions subject to warnings (an increase of 6). In 2022, 57 visits were carried out in this sector, covering 774 workers and 52 companies, and 16 coercive procedures were formalized. The Committee takes note of this information.

General questions on application. Implementing measures. The Committee notes, in reply to its previous comment concerning the scope of application of the Decree Law No. 166/2019 of 31 October on the Legal Framework of the Professional Activity of the Seafarer, the Government’s indication that this Decree Law applies to all fishers with respect to the protection provided in the Convention, particularly in relation to medical certificates, manning, crew lists and records concerning the fisher’s work. The Committee also notes that only the provisions related to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), 1995, do not apply to seafarers who work on board ships or fishing vessels with a length of less than 24 metres. In reply to its comment concerning the scope of application of the Labour Code, the Committee notes the Government’s indication that its provisions apply to all fishermen in relation to all matters that are not regulated by specific legislation. The Committee takes note of this information.

Articles 1–4 of the Convention. Scope of application. The Committee notes that, in reply to its previous request regarding the definition of fishing vessel, the Government indicates that, according to the Decree Law No. 73/2020 of 23 September on the legal framework for the exercise of the professional activity of commercial maritime fishing, a fishing vessel must be registered in order to be able to carry out a commercial fishing operation. The Committee takes note of this information, which addresses its previous request. Regarding the applicable legal framework for the promotion of occupational safety and health for fishers working on board vessels of up to 15 metres in length that do not belong to the fishing fleet of a shipowner or equivalent employer and for whom the framework established for independent workers applies, the Committee takes note, in reply to its previous comment, of the Government’s indication that the self-employed worker is treated as an employer for the purposes of the obligations set out in the section 15 of Law No. 102/2009 of 10 September. The Committee further notes the Government’s indication that self-employed fishers’ physical and mental fitness is attested, depending on the specific case, either by an aptitude form issued by occupational health doctors or by a valid medical certificate issued by a doctor working in the National Health Service. While taking note of this information, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Article 31 regarding the above-mentioned category of fishers.

Article 8(3). Responsibilities of fishing vessel owners, skippers, and fishers. Constraints on the skipper. The Committee notes, in reply to its previous comment concerning the authority of the skipper to take any decision that they deem necessary for the safety of the vessel and its safe navigation and safe operation, or the safety of the fishers on board, the Government’s reference to section 81 of Decree Law No. 166/2019, which however does not reflect the requirements of Article 8(3). While noting the Government’s further reference to Regulation (EC) No. 336/2006 of 31 October on the implementation of the International Safety Management Code, the Committee observes that this Regulation excludes fishing vessels from its scope of application. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that skippers are free from constraint on the part of the fishing vessel owner to take any decision that they deem necessary for the safety of the vessel and its safe navigation and safe operation, or the safety of the fishers on board (Article 8, paragraph 3).

Article 9(1) and (2). Minimum age. The Committee takes note, in reply to its previous comment, of the Government’s indication that, notwithstanding the exceptions provided for in sections 68 and 69 of the Labour Code, the sector’s specific legislation does not provide for the possibility of minors under the age of 16 to work in fishing, in accordance with the provisions of Decree Law 166/2019 of 31 October. However, noting that section 58 of this Decree-Law, regarding the enrolment of seafarers/fishers, applies only to individuals of Portuguese nationality who are at least 16 years old, the Committee requests the Government to indicate the measures adopted or envisaged to ensure that the protection afforded to national fishers also applies to foreign minor fishers working on vessels under its flag.

Article 9, paragraphs 3–5. Minimum age. Hazardous work. The Committee notes that the Government provides insufficient information in reply to its previous request concerning the types of activities mentioned in section 72 of Law No. 102/2009, which are of a general nature and do not seem to take into account the specificities of the fishing sector. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Article 9, paragraphs 3 to 5.

Article 10. Medical examination. Exemptions. The Committee takes note of the Government’s answer to its previous comment providing definition of local vessels being exempted from the medical certificate requirement under section 8 of Decree Law No. 166/2019. The Committee notes that local vessels are those whose area of operation is inland and coastal waters up to three miles from the low-tide mark. The Committee also notes the Government’s indication that although they are exempt from the medical certificate, the physical and mental fitness of seafarers, who actually work in the maritime profession, will always be proven by a medical certificate issued by occupational health doctors. Noting that no response has been provided regarding the statistics, the Committee reiterates its previous request for updated statistics on the number of local vessels exempted from the medical certificate requirement and the number of fishers concerned by this exemption. The Committee requests the Government to confirm that a valid medical certificate issued by occupational health doctors is required for any fisher working on board local vessels operating on inland and coastal waters.

Articles 11 and 12. Medical examination. The Committee takes note of the Government’s answer to its previous comment indicating that Ordinance No. 101/2017 of March 7 approves the medical certificate model for seafarers. With respect to the medical examination of fishers working on vessels of 24 metres in length and over, or vessels which normally remain at sea for more than three days, the Committee notes the Government’s reference to section 9 of the Decree Law No. 166/2019, according to which, in case of manifest urgency, the maritime administration may authorize the seafarer to work without a valid medical certificate until arriving at the next port of call where the seafarer can renew it. The Committee recalls in this regard that if the period of validity of a certificate expires in the course of voyage, the certificate shall remain in force until the end of that voyage (Article 12, paragraph 3). The Committee therefore requests the Government to adopt the necessary measures to give full effect to the Convention on this point.

Article 15. Crew list. The Committee takes note of the provided specimen copies of a standard crew list form. Noting, in reply to its previous comment, the Government’s reference to the section 6 of the Ordinance No. 231/2020 of 30 September 2020, the Committee observes that such provision does not reflect the detailed requirements of Article 15, and notably the requirement to provide the crew list to authorized persons ashore prior or immediately after departure of the vessel. The Committee consequently requests the Government to indicate the measures adopted to ensure compliance with this requirement of the Convention.

Articles 16 and 20. Fisher’s work agreement. Annex II. Responsibility of the fishing vessel owner. In reply to its previous request regarding the national measures in force requiring that all fishers working on vessels flying the Portuguese flag have the protection of a fisher’s work agreement, the Committee notes the Government’s indication that all fishers are subject to section 6, paragraph 1 and 3 of Law 15/97 of 31 May, which provides that the labour contract is subject to the written form and must be signed by both parties, and that it shall contain a relevant list of information. The Committee notes, in reply to its previous comment regarding the indication in the fisher’s work agreement of the protection that will cover the fisher in the event of sickness, injury or death in connection with service, as provided for in Annex II, the Government’s general reference to: (i) rules on safety and health at work on board fishing vessels applying to individual employment contracts on board fishing vessels and, in the alternative; (ii) general rules of the regime for the promotion of safety and health at work, established by Law No. 102/2009, of 10 September; and (iii) Ordinance No. 256/2011 of 5 July approving the standard part of the general conditions of the compulsory work accident insurance policy for employees. Noting that the Government does not explain whether relevant information on the protection provided by these texts is available to fishers, including foreign fishers, the Committee consequently requests the Government to provide detailed explanation in this regard. In reply to its previous comment concerning the responsibility of the fishing vessel owner to ensure that each fisher has a written fisher’s work agreement when fishers are not employed or engaged by the fishing vessel owner, the Committee notes the Government’s answer referring to several texts addressing the use of temporary labour and obligations of the temporary employment agencies. In reply to its previous comment concerning the responsibility of the fishing vessel owner to ensure that each fisher has a written fisher’s work agreement when fishers are not employed or engaged by the fishing vessel owner, the Committee notes the Government’s answer referring to several texts addressing the use of temporary labour and obligations of the temporary employment agencies. Noting however that no information has been provided as to the obligation of the vessel owner to have evidence of contractual or similar arrangements in such situation, the Committee therefore reiterates its previous request to the Government to confirm that, where fishers are not employed or engaged by the fishing vessel owner, the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 22, paragraphs 4 and 5. Recruitment and placement. Private employment agencies. In reply to its previous comment regarding the respective responsibilities of the so-called temporary work enterprises and of the fishing vessel owners in relation to collective bargaining, access to training and maternity and parental benefits, the Committee notes the Government’s explanations and references to several national measures in force. The Committee takes note of this information, which addresses its previous comments.

Articles 23 and 24. Payment of fishers. The Committee notes, in reply to its previous comment, the Government’s reference to section 278, paragraph 1 of the Labour Code, which provides that the remuneration is due for certain and equal periods, which, except in the case of a contrary provisions or practice, are the week, the fortnight and the calendar month, and to section 106 which provides that the employer must provide the worker with at least the following information: the value, frequency and method of payment of remuneration. Noting this information, the Committee requests the Government to provide information on the relevant practices concerning the periodicity of the payment of wages in the fishing sector in compliance with Article 23. The Committee notes, in reply to its previous comment concerning the requirement that all fishers shall be given the means to transmit all or part of their payments received, including advances, to their families at no cost for them (Article 24), the Government’s indication that without prejudice to the provisions of section 27, paragraph 3 of Law no 15/97, which provides that, “at the request of the crew member, the payment of the retribution may be made, in whole or in part, to a person designated by him/her”, as well as the provisions of section 276 of the Labour Code on the modalities of the payment, the question raised is under consideration. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that such a payment made to a person designated by the fishers is at no cost for them, as provided by Article 24.

Articles 26, 28 and Annex III. Accommodation and food. Accommodation. Derogations.In the absence of a replyto its previous comment, the Committee again requests the Government to indicate how it ensures that the requirements of the Annex III of the Convention apply to all new decked fishing vessels, as defined by the Convention and that, in the case of derogations foreseen in section 1 of the annex of the Decree-Law No. 116/97, the fishers concerned have adequate facilities for resting, eating and sanitation purposes. The Committee requests the Government to provide detailed information on any such derogations made.

Article 27. Accommodation and food. Food and water at no cost. The Committee notes that, in reply to its previous comments requesting to indicate whether the food and water are provided by the fishing vessel owner at no cost to the fisher unless an applicable collective agreement or the fisher’s work agreement provides otherwise, the Government refers again to point 69 of the Annex to Decree Law No. 116/97. Noting, however, that this provision does not require that food and water shall be provided at no cost for the fisher, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Article 27.

Articles 29 and 30. Medical care. The Committee notes, in reply to its previous comment regarding the measures that give effect to each of the particulars of both Articles, and particularly the requirement for the vessels to carry on board a list of radio or satellite stations through which medical advice can be obtained (Article 30(e)), the Government’s reference to section 20 of the Decree Law No. 190/98 of 10 July, foreseeing provision of mandatory stations applicable to safety on board vessels. The Committee observes however that such provision does not require the vessels to carry on board a list of radio or satellite stations through which medical advice can be obtained as per requirement of Article 30(e) and does not reflect other detailed requirements of Articles 29 and 30. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to each of the particulars of Articles 29 and 30, particularly the requirement to carry on board a list of radio or satellite stations through which medical advice can be obtained (Article 30(e)). In reply to its previous comment regarding the scope of application of the revised Decree Law No. 274/95, of 23 October on the “Minimum Safety and Health Requirements to Promote Better Medical Assistance on Board Ships”, the Committee takes note, in reply to its previous comment, of the Government’s indication that it applies to all fishermen and all fishing vessels involved in commercial fishing operations. The Committee also takes note of the Government’s reference to Ordinance No. 6/97, of 2 January transposing Council Directive 92/29/EEC and to Ordinance No. 214-A/2021, of 20 October transposing Commission Directive (EU) 2019/1834, of 24 October 2019, which prescribe the list of medical facilities to be included in pharmacies on board ships and the models of registration forms. The Committee takes note of this information, which addresses its previous request.

Articles 31 and 32. Occupational safety and health and accident prevention. The Committee notes, in reply to its previous comment regarding the measures that give effect to the detailed requirements of Articles 31 and 32, the Government’s reference to Order 356/98 of 24 June, regulating the minimum health and safety requirements at work on board fishing vessels, and to Law No. 102/2009 of 10 September, establishing legal framework for promoting safety and health at work, being also applicable to fishing sector. While noting this information, the Committee however has not identified specific provisions addressing notably the following: 1) training for fishers in the knowledge of the fishing operations in which they will be engaged (Article 31(b)); 2) safety and health of fishers under the age of 18 (Article 31(c)); 3) basic safety training (Article 32, paragraph 3(b)); 4) familiarization with the equipment (Article 32, paragraph 3(c)).As a consequence, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to each of the particulars of these Articles for all fishing vessels.

Articles 34–37. Social security. The Committee takes note, in reply to its previous comment, of the Government’s provision of statistical information on the number of fishers covered under the Social Security Welfare System. The Committee further takes note, in reply to its previous comment, of the information provided by the Government in relation to the social security protection ensured for the fishers who reside in Portugal and work on foreign-flagged vessels or foreign fishers that work on Portuguese-flagged vessels, as well as for the non-Portuguese fishers who are ordinarily resident in Portugal, but work on foreign-flagged fishing vessels outside the country and outside the countries with which bilateral social security agreements were concluded. Noting the references made to sections 169 and 170 of the Code of Contributory Regimes of the Social Security System, approved by Law 110/2009 and of section 25 of Decree-Law No. 96/89, of 28 March (establishing Madeira International Shipping Register), the Committee requests the Government to provide detailed information on the manner in which the social security coverage provided is granted in practice to fishers ordinarily resident in Portugal and on any obstacles encountered with regard to their affiliation or access to benefits.

Articles 38 and 39. Protection in the case of work-related sickness, injury, or death. The Committee notes, with regard to its previous request for clarification on whether the defraying of expenses of medical care foreseen in section 34 of Law No. 15/97 (which provides for medical treatment in a foreign country until the fisher has been repatriated) include related material assistance and support, as required by Article 39, paragraph 1, the Government’s indication that compensation in the case of occupational illness is ensured within the scope of the public social security system. This is not a transferred responsibility, as in the case of accidents at work. The Committee accordingly requests the Government to indicate relevant provisions within the public social security system foreseeing defrayment of the expenses of medical care and related material assistance and support, during medical treatment in a foreign country, until the fisher has been repatriated, that would be applicable to fishers as required by Article 39, paragraph 1. The Committee notes that, in reply to its previous comment regarding the exclusion of the liability of the fishing vessel owner only if the injury occurred otherwise than in the service of the vessel or the sickness or infirmity was concealed during engagement, or the injury or sickness was due to wilful misconduct of the fisher, the Government again refers to sections 14 and 15 of Law No. 98/2009, of 4 September, which provide that occupational accident and disease compensation is not due in the case of gross negligence and force majeure. Recalling that the exclusion of the liability of the fishing vessel owner is only permitted when the injury occurred otherwise than in the service of the vessel or the sickness or infirmity was concealed during engagement, or the injury or sickness was due to wilful misconduct of the fisher, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to Article 39, paragraph 2.

Articles 40–42. Compliance and enforcement.The Committee takes note, in reply to its previous comment, of the Government’s indication regarding the ACT mission with respect to monitoring compliance, which addresses its previous request. It also notes the provisions of section 37 of the Law 15/97 stipulating administrative offenses in case of non-compliance. The Committee also takes note of the statistical information provided by the Government on the results of the inspections carried out on board fishing vessels. The Committee takes note of this information, which addresses its previous requests.Noting that the Government has not provided an example of a valid document issued by the competent authority stating that the vessel has been inspected by the competent authority or on its behalf, in compliance with the provisions of the Convention concerning living and working conditions, the Committee accordingly reiterates its previous request in this respect.

Article 43. Compliance and enforcement. Complaints. The Committee notes that the Government has not replied to its previous comment concerning the scope of application of the Decree Law No. 61/2012 on Port State Control. Recalling that section 2, paragraph 6 of such decree-Law provides that it does not apply to fishing vessels, and that the Government has not provided information on any port State control measures taken in pursuance of Article 43, neither on the functioning of these measures (e.g. number and nature of cases considered and nature of any action taken), the Committee requests again the Government to indicate the measures adopted or envisaged to give effect to the Convention in this respect. In reply to its previous request regarding complaints received by the Port State, the Committee notes the Government’s reference to Law No. 15/97, section 10b “On-board complaint procedure”, which however does not address the requirements under Article 43 paragraphs 1 to 4. The Committee requests again the Government to indicate the measures adopted or envisaged to give effect to the Convention in this regard. The Committee takes note of the Government’s information on the number of investigations carried out during the reporting period covered, which addresses its previous request.