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

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

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

Articles 1(e) and 2 of the Convention. Definitions. In reply to its previous comment concerning the exclusion of persons who carry out occasional work on board a fishing vessel not connected with the catching of marine organisms from the scope of application of the Act of 11 September 2019 on Work on Fishing Vessels, the Committee notes the Government’s indication that these exclusions are in line with those mentioned under Article 1(e). The Committee further notes that the Government has not provided information on the protections afforded to apprentices, who are excluded from the scope of application of many provisions of the above-mentioned Act, which give effect to the Convention. The Committee also notes that the Government has provided a list of persons who are also excluded, including persons working on a fishing vessel only during the day. The Committee recalls however that Article 1(e) of the Convention provides that “fisher” means “every person employed or engaged in any capacity or carrying out an occupation on board any fishing vessel, including persons working on board who are paid on the basis of a share of the catch but excluding pilots, naval personnel, other persons in the permanent service of a government, shore-based persons carrying out work aboard a fishing vessel and fisheries observers”. The Committee also recalls that except as otherwise provided herein, the Convention applies to all fishers and all fishing vessels engaged in commercial fishing operations (Article 2). The Committee accordingly requests the Government to adopt the necessary measures to apply the provisions of the Convention to all fishers within the meaning of the Convention, including apprentices and fishers working only during the day.

Article 3. Exclusions. In reply to its previous comment concerning the equivalent protection afforded to fishers employed or engaged in any capacity or carrying out an occupation on board categories of fishing vessels who are excluded from the scope of application of the Convention (inland waterway fishing vessels), the Committee notes that the Government refers to: (i) the general provisions of labour law; (ii) the Regulation of the Council of Ministers of 19 June 2023 on the list of work forbidden to young people and the conditions of their employment in some of these works; and (iii) the Act of 7 April 2017 on working time on inland waterway vessels. The Committee takes note of this information.

Article 9. Minimum age. In reply to its previous comment concerning the minimum age of the apprentices who are serving on board fishing vessels, the Committee takes note of the Government’s indication that, under Article 3 of the Act of 11 September 2019 on Work on Fishing Vessels, only a person who has reached the age of 18 may be employed on board a fishing vessel with the exception that it is permissible to employ a person who has attained the age of 16 solely for the purpose of vocational training. The Committee takes note of this information, which addresses its previous request. In reply to its previous comment concerning the determination, after consultation, of the types of activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons (Article 9, paragraph 4), the Committee notes the Government’s reference to the Regulation of the Council of Ministers of 19 June 2023 on the list of work forbidden to young persons, which contains the list of works prohibited for young persons, including “fishing” (Annex 1 of the Regulation). The Committee also notes the Government’s indication that, under this Regulation, which was consulted with the social partners, it is permitted to employ young people over the age of 16 in certain specified types of work prohibited to young people if this is necessary for completing vocational training, taking into account the necessary measures to ensure their safety and special health protection during work, and the increased risk resulting from their lack of experience, awareness of existing or potential threats and incomplete physical and mental maturity. The Committee takes note of this information.

Article 12. Validity of the medical certificate. The Committee notes that Article 4 of the Act of 11 September 2019 on Work on Fishing Vessels provides that medical certificates for apprentices and candidates for secondary schools providing training in a profession essential to fishing shall be issued for a period of two years. The Committee recalls that Article 12, paragraph 2 provides that on a fishing vessel of 24 metres in length and over, or on a vessel that normally remains at sea for more than three days, the medical certificate shall be valid for a maximum period of two years unless the fisher is under the age of 18, in which case the maximum period of validity shall be one year. The Committee requests the Government to provide information on how full effect is given to Article 12, paragraph 2.

Articles 13 and 14. Manning and Hours of rest.The Committee takes note of the Government’s indication that section 80 of the Maritime Safety Act of 18 August 2011 concerning the determination of the composition of the ship’s crew necessary for maritime safety applies to a complementary manner to the fishing sector, which addresses its previous request. The Committee notes that the information provided by the Government is insufficient concerning the required compensatory periods of rest in case of temporary exceptions to the minimum period of rest provided to fishers who work on board fishing vessels remaining at sea for more than three days (Article 14, paragraphs 1(b) and 2). The Committee further takes note that section 20(1) of the Act of 11 September 2019 on work on board fishing vessels foresees an exhaustive list of reasons when an overtime and standby work are permissible. The Committee requests the Government to adopt the necessary measures to give full effect to Article 14, paragraphs 1(b) and 2.

Article 15. Crew list. In reply to its previous comment, the Committee notes the Government’s indication that section 55(5) of the Act on Work on Fishing Vessels, according to which the requirement of a crew list does not apply to fishing vessels under 12 metres in length, was introduced pursuant to Article 4, paragraph 1(c) of the Convention. While taking note of this information, the Committee recalls that the use of the progressive implementation clause provided for in Article 4, paragraph 1, is limited to the first report on the application of the Convention. The Committee accordingly requests the Government to indicate the measures taken to fully comply with Article 15 of the Convention, by ensuring that the requirement on the crew list also applies to fishing vessel under 12 meters in length.

Articles 16 to 20. Fisher’s work agreement. The Committee notes that the information provided by the Government mainly concerned the indication, on the fisher’s work agreement, of the name of the employer (if it is not the fishing vessel owner). The Committee also notes the Government’s indication that all issues set out in the Committee’s request are carried out by the fishing vessel owner and that the guarantee of their application is provided by the vessel’s inspections, the institution of complaints and the criminal sanctions provided by law for violations of the statutory provisions on labour guarantee. In the absence of an answer provided to its previous comment, the Committee accordingly requests the Government to indicate how it is ensured: (i) that fishers’ work agreements as regards fishing vessels of 24 metres or over, contain particulars concerning the name of the employer (if it is not the fishing vessel owner); the voyage(s) to be undertaken; and the method of calculating the share of the catch; (ii) that, as regards fishing vessels under 24 metres, fishers’ work agreements are in writing, signed by both the fisher and the fishing vessel owner or by an authorized representative, and contain the particulars listed in Annex II on the voyage(s) to be undertaken, provisions, method of calculating the share of the catch, health care and social security coverage and benefits, and repatriation; and (iii) that fishers can review and seek advice on the terms of the agreement and receive a copy, which is also carried on board. The Committee also requests the Government to indicate whether the fishing vessel owner is required to have evidence of contractual or similar arrangements when fishers are not employed or engaged by the fishing vessel owner.

Article 21. Repatriation. In reply to its previous comment concerning the entitlement to repatriation when a fisher’s work agreement has been terminated by the fishing vessel owner in the event of a serious breach of his or her employment obligations, the Committee notes the Government’s indication that the fishing vessel owner may, in this case, deduct repatriation costs from the fisherman’s remuneration, in accordance with section 24, paragraph 3, of the Work on Fishing Vessels Act. Noting however that section 24, paragraph 3, of the Work on Fishing Vessels Act does not provide that the fishing vessel owner shall pay for repatriation in the first instance and may recover the cost of repatriation from the fisher’s wages or other entitlements after the “fisher has been found” in a serious defaultof his or her work agreement obligations, the Committee requests the Government to adopt the necessary measures to give full effect to Article 21, paragraph 2. The Committee also requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any fisher covered by the Convention can be found to be in “serious breach of his or her employment obligations”. In reply to its previous comment concerning the maximum duration of service periods on board following which a fisher is entitled to repatriation, the Committee notes the Government’s indication that the right to repatriation applies irrespective of the period of employment on board the fishing vessel, provided that the statutory conditions for its application are met. Recalling that Members shall prescribe, by means of laws, regulations or other measures, (…) the maximum duration of service periods on board following which a fisher is entitled to repatriation (Article 21, paragraph 3), the Committee requests the Government to adopt the necessary measures to give full effect to this provision of the Convention.

Article 22. Recruitment and placement. In reply to its previous comment requesting to clarify whether the fees and charges listed in the Act of 2004 on employment promotion and labour market institutions are to be paid by fishers, the Committee notes the Government’s indication that provision of section 28, paragraph 2 of the Work on Fishing Vessels Act of 11 September 2019 unambiguously prohibits the charging of fees directly or indirectly for job placement activities to job seekers on board the vessels and that charging fees for job placement activities to a job seeker on board the fishing vessel under section 59 of the above-mentioned Act constitutes an offence punishable by a fine and a retreat of license. The Committee takes note of this information, which addresses its previous request. In the absence of an answer to its previous comment, the Committee requests the Government to adopt the necessary measures to prohibit recruitment and placement services, whether public or private, from using means, mechanisms or lists intended to prevent or deter fishers from engaging for work (Article 22, paragraph 3(a)). In reply to its previous comment concerning the implementation of Article 21, paragraphs 4–6, the Committee notes the Government’s indication that pursuant to section 90 of the Work on Fishing Vessels Act of 11 September 2019, creditors have a statutory lien on the vessel as security for preferential claims and that the preference is notably given to claims under ship’s employment contracts concluded with the master, other crew members and persons employed in the operation of the ship. While noting this information, theCommittee requests the Government to adopt the necessary measures to ensure that the fishing vessel owner remains liable in the event that the private employment agency defaults on its obligations to a fisher (Article 22, paragraph 5).

Article 24. Payment of fishers. In reply to its previous comment concerning the means to transmit all or part of the payment received, the Committee notes the Government’s indication that to the extent not regulated in the Work on Fishing Vessels Act, the provisions of section 86 §3 of the Labour Code shall apply. These provisions provide that the payment of all the remuneration shall be made to the payment account indicated by the employee, unless the employee has submitted a paper or electronic request for payment of remuneration into his/her own hands. The Committee takes note of this information.

Articles 25, 26 and 28. Accommodation. In reply to its previous comment concerning the implementation of Annex III, regarding minimum headroom, air conditioning, and the submission of plans and information of reconstructed or substantially altered vessels, the Committee notes the Government’s indication that the height of a room on a new fishing vessel where standing work is performed for more than 1 hour shall be at least 1.9 metres and if the rooms have a sloping ceiling, the height measured from floor level to the lowest point of the ceiling shall be at least 1.85 metres (Regulation of 7 January 2020 on the requirements for safety and health of work and life on board fishing vessels and the detailed technical requirements for their construction and equipment). The Committee recalls in this respect that, according to the Annex III, paragraph 14, the minimum permitted headroom in all accommodation where full and free movement is necessary shall be not less than 200 centimetres for vessels of 24 meters in length and over. The Committee notes the Government’s reference to the provisions prescribing requirements for a heating system on board, but that no information has been provided regarding the air conditioning (Annex III, paragraph 28). The Committee requests the Government to adopt the necessary measures to give full effect to these requirements of the Convention. Observing that the information provided by the Government does not respond to its comment regarding submission of plans and information of reconstructed or substantially altered vessels for approval to the competent authority (Annex III, paragraph 10), the Committee consequently requests the Government to adopt the necessary measures to give full effect to this requirement of the Convention.

Articles 31 and 33. Occupational safety and health and accident prevention. In reply to its previous comment concerning the application of the relevant Labour Code provisions to fishing vessels under 12 metres and the consideration given to the specificities and hazards of the fishing sector in this respect, the Committee notes the Government’s indication that the provisions of the Act of 26 June 1974 - Labour Code, are universal in nature. Observing that the information provided by the Government does not respond to its comment, the Committee requests the Government to adopt the necessary measures to give full effect to Articles 31 and 33 concerning fishing vessels under 12 metres, with due consideration to the specificities and hazards of the fishing sector.

Articles 34 to 37. Social Security. In reply to its previous comment concerning the social security protection afforded to fishers residing in Poland and serving on board ships flying a foreign flag, the Committee notes the Government’s reference to several European Union regulations and to bilateral social security agreements already concluded by Poland or in a negotiation phase. The Committee requests the Government to indicate whether those agreements apply to fishing vessels and what is the social security regime foreseen for the fishers residing in Poland and serving on board ships flying a foreign flag (other than EU or EFTA) in compliance with the requirements of Articles 34 and 36.

Articles 40 to 44. Compliance and enforcement. In reply to the previous comment of the Committee, the Government provided information regarding the numbers of qualified inspectors, the public or other organizations authorized to carry out inspections, as well as the information on the number and nature of deficiencies reported and relevant action taken. The Committee takes note of this information.