Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Poland (Ratification: 2012)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes the observations of NSZZ “Solidarność” received by the Office on 16 October 2024 and the Government’s remarks on the above observations received by the Office on 12 November 2025. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2018 and 2022 entered into force for Poland on 26 December 2020 and 23 December 2024, respectively.

Article II, paragraphs 1(i), 4, 5 and 7 of the Convention. Definitions and scope of application. Ships. National determination. The Committee notes that, in response to its previous request, the Government indicates that, pursuant to article 1(2) of the Act of 5 August 2015 on Maritime Labour, the provisions of this Act apply to seagoing ships intended or used for commercial activities. It states however that, the provisions of the aforementioned Act apply, to the extent specified in its Article 100, to non-Convention commercial ships, defined in Article 2(7) as ships to which the MLC, 2006 does not apply, including, among others, ships engaged solely in navigation in maritime areas of the Republic of Poland with the exception of the exclusive economic zone and seagoing yachts. The maritime areas of the Republic of Poland, defined in Article 2 of the Act of 21 March 1991 on Maritime Areas of the Republic of Poland and Maritime Administration, encompass internal marine waters, the territorial sea, the contiguous zone, and the exclusive economic zone. In light of the above, the Committee observes that the MLC, 2006 does not apply to commercial ships engaged exclusively in internal marine waters, the territorial sea and contiguous zone. Numerous provisions of the Act nonetheless apply to these ships with the exception of specific provisions, such as, inter alia those regarding hours of work, annual leave, on-board complaint procedures, accommodation and recreational facilities, and principles of occupational health and safety on a ship, as provided for under article 100 of the Act. Furthermore, on non-conventional ships which do not undertake international voyages, the provisions on repatriation and abandonment of seafarers and financial security in the event of abandonment of a seafarer shall not apply. The Committee recalls that ships navigating in waters other than “inland waters or waters within, or closely adjacent to, sheltered waters or waters where port regulations apply” fall within the scope of application of the Convention. In addition, the Committee draws the Government’s attention to the fact that the Convention does not allow for the partial application of its provisions if the ship concerned is a ship covered by the Convention and if the workers concerned come within the definition of “seafarer” in the Convention. The Committee accordingly requests the Government to ensure that the provisions of the Convention are implemented with regard to all ships covered by the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to the Committee’s previous comment, the Government refers to Regulation of the Council of Ministers of 19 June 2023 on the list of work prohibited to juveniles and the conditions of their employment. It indicates that social partners were consulted during the drafting process of this Regulation. The Government points out that work in shipping is listed among the prohibited works prescribed under Part III, Item 8 of Annex I of the Regulation, including, in particular, all work on ships and work in ports related to ship maintenance, work on dredging and wreck excavation. Part III, Item 5 of Annex II allows the employment of juveniles over the age of 16 to work as seafarers, if this is necessary for their vocational training. The Committee, however, observes that the list contained in the said Regulation is still of general nature and provides for a general exemption from the prohibition of hazardous work to work as a seafarer for training purposes. The Committee also notes the observations of NSZZ Solidarność questioning, on the one hand, the total prohibition of certain types of work by juveniles, including work in shipping, and on the other hand, the admission of juvenile seafarers to work under supervision and after instructions. In response to NSZZ Solidarność’s observations, the Government reiterates that Annex I to the Regulation in question lists among the prohibited types of work assignments in navigation transport, including in particular all work on vessels, port work related to ship maintenance, and work on dredging vessels and shipwreck excavation, while Annex II of the Regulation allows the employment of adolescents over the age of 16 to work as seafarers, if this is necessary for their vocational training. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee accordingly requests the Government to take the necessary measures to adopt the list of such types of work for the maritime sector after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s indication, in reply to its previous comment, that article 23 of the Act of 5 August 2015 on maritime labour prescribes that employment agencies should have liability insurance for damages suffered by seafarers due to the ineffectiveness of the employment agency or the failure of the shipowner to fulfil its obligations under the seafarers’ employment contract. The employment agency shall be liable for the damages incurred by seafarers up to the amount of the compensation referred to in article 33(1), limited to not more than three months’ wages for work specified in the seafarers’ employment contract. The Government specifies that this provision was subject to consultation with the social partners’ organizations. It further points out that, in the absence of a limit on claims against an employment agency, the compensation could be disproportionate in relation to the agency’s failure to fulfil its obligations. The Committee notes that NSZZ Solidarność underlines in this regard that there is a fairly common practice of contracting after arrival on board, which may lead to situations, in particular in the context of a pandemic, of the late arrival of the seafarer at the port of embarkation beyond the ship’s berthing period in that port, in which case, the question of who bears the responsibility for repatriation and financial loss, may arise. Compensation for sickness, injury, disability and death during the voyage to the ship can be similarly complicated. In this case a 3-month salary might not prove to be sufficient compensation depending on the position on board. While taking note of the information provided by the Government, the Committee observes that the system of protection required under Standard A1.4, paragraph 5(c)(vi) must compensate seafarers for monetary loss resulting from the failure of a recruitment and placement service or the relevant shipowner to comply with the seafarers’ employment agreement, without limiting such protection to three months wages or otherwise. The Committee accordingly requests the Government to adopt the necessary measures to ensure full compliance with Standard A1.4, paragraph 5 (c) (vi).In relation to the 2022 amendments to the Code, the Committee requests the Government to indicate the measures taken to ensure that seafarers are informed, prior to or in the process of engagement, of their rights under the system of protection required by Standard A1.4, paragraph 5(c)(vi). The Committee notes that, in reply to the observations of NSZZ Solidarność, the Government indicates that, so far, the Ministry of Infrastructure has not received information that it would be common practice for seafarers going on board to do so without previously concluded contracts. It further states that directors of maritime administrations, in accordance with article 18 of the Act on Maritime Labour, supervise agencies intermediating in the employment of seafarers to work on ships in Poland and that foreign entities conducting business activity in Poland or having representative offices in Poland are also under supervision. Article 24 of the same Act requires employment agencies to inform the director of the maritime administration of all events of failure of shipowners to fulfil their obligations. The Government further indicates that, according to the Act of 20 March 2025 on the Labour Market and Employment Services (article 338(2) and (3)), any contract concluded between a seafarer and an agent or a shipowner must specify the extent of the civil liability of the parties, including who bears the costs of travel and return in the event of non-performance by the foreign shipowner of the terms of the contract, and the procedure for asserting these claims. The Polish maritime administration also has a national contact point for filing complaints against an employment agency in the seafarer’s country of residence, in cases where the agency has failed to fulfil its obligations under the job placement contract. The Committee takes note of this information.

Regulation 1.4, paragraph 3 and Standard A1.4, paragraph 9. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes that the Government provides no reply to its comments on this point. The Committee requests the Government to explain what kind of action is expected from shipowners in order to ensure, as far as practicable, that the recruitment and placement services concerned meet the requirements of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. In relation to its previous comment, the Committee notes that the Government refers to articles 8.2 and 8.4 of the Act of 5 August 2015 on maritime labour. Article 8.2 of the Act provides that the ship’s master shall make entries in the seaman’s book to evidence employment of a seafarer on a ship, stating the shipowner, the ship’s master and the seafarer’s position and article 8.4 of the Act provides that no entry may be made in the seaman’s book as to the quality of the seafarer’s performance or assessment. The Committee notes the observations of NSZZ Solidarność underlining that the seaman’s book however does not stipulate that it shall not contain any statement as to seafarers’ wages. In reply to NSZZ Solidarność’s observations, the Government indicates that, pursuant to article 8.2 of the above-mentioned Act, the ship’s captain makes entries in the seaman’s book confirming the course of the seafarer’s employment on board, indicating the shipowner and the captain, as well as the positions held by the seafarer. Thus, the Government considers that this provision clearly specifies the entries that shall be made by the captain and states that the pages of the book for making entries are labelled accordingly. Recalling that the record of employment shall not contain any statement as to the seafarers’ wages, the Committee requests the Government to take the necessary measures to ensure that in practice full effect is given to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee requested the Government to provide information on the implementation of Standard A2.5.2. The Committee notes with interest the Government’s indication that article 62 of the Act of 5 August 2015 on maritime labour was amended to give effect to the requirements of the 2014 amendments to the MLC, 2006.The Committee takes note of this information, which addresses its previous request.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities.Scope of application. Referring to its previous comment, the Committee notes the Government’s indication that, pursuant to article 11(2) of the Act of 18 August 2011 on Maritime Safety, the requirements of the Convention relating to accommodation and recreational facilities may not be met by ships built before 20 August 2013 that comply with: (1) Accommodation of Crews Convention (Revised), 1949 (No. 92) (Journal of Laws of 1954, item 202); (2) Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133) (Journal of Laws of 1994, item 512). While noting this information, the Committee observes that the Government does not provide detailed information concerning its implementing legislation for ships that continue to fall under the application of these two Conventions. The Committee recalls that certain provisions of Conventions Nos 92 and 133 require the enactment of national legislation to ensure their application. Given that all ships built before 20 August 2013 continue to fall under the application of Conventions Nos 92 and 133, the Committee requests the Government to indicate how it ensures compliance with the relevant provisions of these Conventions.

Regulation 3.1 and the Code. Accommodation and recreational facilities. In reply to the Committee’s previous comment, the Government indicates that, pursuant to article 63 of the Act on Maritime Labour, the shipowner shall ensure that the work, living, and recreational spaces, showers, toilets and messes on board a ship comply with the requirements set out in the MLC, 2006 in terms of surface area, lighting, air cleanliness, noise and vibration level. The shipowner shall provide seafarers with free accommodation and conditions for recreation and, if possible, other facilities to fulfil the needs of seafarers on board a ship. The Government further states that the requirements of article 63 are subject to inspection by the directors of maritime offices in connection with the issuance of maritime labour certificates and similarly implemented by the classification societies supervising shipbuilding. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 20. Accommodation and recreational facilities. Exemptions for ships of less than 200 gross tonnage. In reply to the Committee’s previous request as to whether any exemptions for ships of less than 200 gross tonnage have been granted pursuant to Standard A3.1, paragraphs 20 and 21, of the Convention, the Government states that Article 100 of the Act of 5 August 2015 on Maritime Labour provides that the provisions of this Act relating to working and living conditions on board shall apply accordingly to employment relations on non-conventional vessels with the exception, inter alia, of the provisions of article 63 on crew accommodation and recreational facilities. The Government specifies that ships of less than 200 gross tonnage which are not engaged in international navigation therefore need not comply with the requirements in question. The Committee observes that the exclusion provided for under article 100 of the Act is not just limited to ships of less than 200 gross tonnage, not engaged in international voyages, but applies to all ships, engaged exclusively in navigation within the maritime areas of the Republic of Poland excluding the exclusive economic zone. The Committee recalls that any exemptions with respect to the requirement of Standard A3.1 may be made only where they are expressly permitted and only for particular circumstances (Standard A3.1, paragraph 21), after consultation with the shipowners’ and seafarers’ organizations concerned (Standard A3.1, paragraph 20). Referring to its comment under Article II and recalling that the Convention does not contain a general or overall exclusion of ships below a certain gross tonnage, the Committee requests the Government to adopt the necessary measures to ensure compliance with Regulation 3.1 and the Code in relation to ships of less than 200 gross tonnage engaged in domestic voyages.

Regulation 3.2 and Standard A3.2, paragraph 2(b). Food and catering. Organization and equipment. The Committee notes that, in relation to its previous request, the Government refers once again to instructions being given by flag State Control inspectors in respect to the requirement of Standard A3.2, paragraph 2(b). The Committee notes in this regard the observations of NSZZ Solidarność that question the basis for Flag States inspectors to issue such instructions and indicates that if such instructions do not exist, they must be prepared in consultation with seafarers and shipowners’ organizations. In response to NSZZ Solidarność’s observations, the Government states that inspectors issue instructions based on their own professional assessment as to whether meals on board a ship are prepared properly by checking the quantity of products, their quality and expiry dates, the method of storage, and the locations where meals are prepared and cooked, taking into account their cleanliness and equipment, in compliance with Standard A3.2 and referring to the Guidelines B3.2. Recalling that Standard A3.2, paragraph 2(b), requires that Members adopt laws and regulations or other measures to permit the provision to the seafarers of adequate, varied, balanced and nutritious meals prepared and served in hygienic condition, the Committee requests the Government to adopt the necessary measures to fully comply with this requirement of the Convention.

Regulation 4.1, Standard A4.1, paragraph 4(a). Inspection and maintenance of medicine chests, medical equipment and medical guides at regular intervals. The Committee notes that, in response to its previous request, the Government refers to Regulation of the Minister of Health of 10 December 2021 on ship’s first-aid kits and medical first-aid kits which provides for the inspection of such kits, as well as to Regulation of the Minister of Health of 28 January 2022 on the health conditions required for seafarers to perform work on a seagoing ship. The Committee notes that, in its observations, NSZZ Solidarność stresses the importance of the procedures and reporting regarding the ship’s first aid kit, given that it is a crucial element of crew safety and medical care on board. It further underlines the need to take into account Guideline B4.1.1, paragraph 4, which provides that inspections should take place at regular intervals not exceeding 12 months. The Committee requests the Government to provide information in this regard.

Standard A4.1, paragraph 4(d). Availability of medical advice through radio stations. The Committee notes the Government’s indication, in reply to its previous comment, that pursuant to Article 125 of the Act of 18 August 2011 on Maritime Safety, the Maritime Telemedical Assistance Service was established to perform the tasks of the State related to the provision of medical advice by radio while the ship is at sea in accordance with Regulation of the Minister of Transport, Construction and Maritime Economy of 8 March 2012 on the Maritime Telemedical Assistance Service (Journal of Laws of 2012, item 320). The tasks of this Service are carried out free of charge 24/7 by the Institute of Maritime and Tropical Medicine in Gdynia. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes with interest that the Government refers to the provisions of article 76a-c of the Act of 5 August 2015 on maritime labour which comply with the requirements of the Convention. The Committee takes note of this information and requests to Government to provide a copy of a model certificate.

Regulation 4.3, paragraph 2. Health and safety protection and accident prevention. National guidelines. The Committee notes that, in relation to its previous request, the Government refers to articles 64 – 69 of the Act of 5 August 2015 on Maritime Labour which regulates health and safety management issues. The Government further refers to Regulation of the Minister of Health of 10 December 2021 on ship’s first-aid kits and medical first-aid kits, Regulation of the Minister of Health of 2 February 2011 on tests and measurements of factors harmful to health in the working environment (Journal of Laws of 2023, item 419), and Regulation of the Council of Ministers of 30 June 2009 on occupational diseases (Journal of Laws of 2022, item 1836). The Committee observes that some of these provisions are of general nature and do not address the specificities of work on board ships. The Committee recalls that, under Regulation 4.3, paragraph 2, each Member shall develop and promulgate national guidelines for the management of occupational safety and health on board ships that fly its flag, after consultation with representative shipowners’ and seafarers’ organizations and taking into account applicable codes, guidelines and standards recommended by international organizations, national administrations and maritime industry organizations. The Committee requests the Government to indicate the measures taken to give full effect to Regulation 4.3, paragraph 2.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication, in reply to its previous comment, that by virtue of the judgement issued on 8 May 2019 in case C-631/17 by the Court of Justice of the European Union (CJEU) according to which a person working as a seafarer for an employer having its registered office in one of the Member States, on a vessel flying the flag of a third country and outside the territory of the European Union is covered by the legislation of the Member State of residence of that person. A group of seafarers living in Poland working for an employer having its registered office established in one of the EU Member States, on a ship sailing under the flag of a third country and outside the territory of the EU is subject to Polish legislation on analogous terms to seafarers sailing under the Polish flag (i.e. they are subject to compulsory social insurance and are entitled to benefits such as retirement pension, disability pension, sickness insurance, benefits due to accidents at work and maternity). In this regard, the Government states that the draft Act amending the Act on the Social Insurance System and certain other acts was adopted by the Parliament (Sejm) on 25 July 2025 and will enter into force on 1 January 2026. In addition to the need to regulate social insurance matters for seafarers working on ships flying a flag other than that of the Republic of Poland, this draft Act aims at ensuring that the greatest possible number of seafarers receive full social protection to the extent resulting from the ratification by the Republic of Poland of the MLC, 2006. This protection covers primarily the right to sickness benefits, maternity benefits, pension benefits, occupational accident benefits, survivor benefits, and disability benefits, on terms as favourable as those for land-based personnel. Regulations concerning persons employed on ships sailing at sea are also contained in bilateral social security agreements concluded between Poland and North Macedonia, Ukraine, Republic of Moldova, Mongolia, Türkiye, Israel, Belarus and the countries of the former Yugoslavia (currently this agreement concerns Montenegro, Serbia, Bosnia and Herzegovina). These agreements in principle indicate that crew members are subject to the social security system of the country whose flag the ship flies. In addition, agreements with Israel, Türkiye and Mongolia allow, under certain conditions, for a person working on a ship to be insured in the country of the company’s domicile that pays their wages. Agreements with the United States, Canada, South Korea, Australia and the Government of Quebec do not contain specific arrangements for persons working on board ships, and the situation of crew members is assessed in accordance with the rules provided for general employees or self-employed persons. In the text of each of the social security agreements binding Poland, there is a provision allowing for the conclusion of the so-called ‘exceptional agreements’, the effect of which is to establish the characteristics of the social security system in a manner different from that provided for by the content of the agreement. Determination of the right to social security benefits for persons working at sea on the basis of bilateral agreements concluded by Poland takes place using the mechanism of aggregation of periods spent in the systems of the parties to the agreement and transfer of the benefits granted. Poland is currently in the process of negotiating bilateral social security agreements with 5 non-EU/EFTA countries, i.e. Japan, Brazil, Chile, India, and Albania. All of the agreements under negotiation include provisions for persons working on ships at sea. The Committee notes the concerns of NSZZ Solidarność on the draft law on amendments to the law on the social security system, which in their opinion does not solve the issue of equal treatment of shore and maritime workers in the sphere of insurance, as the entire economic burden of the premium paid is borne by the seafarer performing work on the basis of a maritime labour contract. NSZZ Solidarność questions the proposed new title of contribution, which is to be paid on the basis of the minimum wage, therefore lowering the level of social security benefits for Polish seafarers. It also points out that there are about 35 000 Polish seafarers employed on foreign flagged (non EU) vessels for which there are no bilateral agreements. The Committee observes from the information provided by NSZZ Solidarność that, while the draft law on amendments to the law on the social security system, aimed to broaden compulsory social insurance coverage for seafarers, contrary to shoreworkers, seafarers would be solely responsible for paying the contributions, which would generally be based on the minimum wage. The Committee notes that, in reply to NSZZ Solidarność’s observations, the Government indicates the draft act was preceded by intensive discussions held between the social partners and received the support of some social partners. The Act provides that the obligation to pay social insurance for a seafarer arises only after the acquisition of seafarer status, as confirmed in a certificate issued by the director of the maritime administration or by the employment agency intermediating the conclusion of an employment contract on a ship with the ship operator. The certificate shall only be issued upon the seafarer’s request and is valid for a period of one month from the date of issue. If the seafarer does not register for social insurance within this period, it is deemed that, by operation of law, no obligation to pay social insurance has arisen. As a result, the seafarer will not bear any consequences for failing to collect the certificate of seafarer status or, after receiving it, failing to register for social insurance under the provisions of the draft act. Under the Act on the Social Insurance System and other acts, seafarers working on ships flying the flags of third countries (other than Poland or EU/EFTA flags) have been designated as the payers of their own social insurance contributions, as it is impossible to charge contributions to their employers (shipowners) based in third countries, or to forcibly collect the due social insurance contributions from them. The amount of pension will depend in particular on the pension contributions paid, while entitlement to the minimum pension, irrespective of the contributions paid, depends on the insurance period determined by the periods of contribution and non-contribution. The basis for calculating contributions for social insurance and health insurance for a seafarer will be determined as a lump sum, i.e., from an amount declared not lower than the minimum remuneration. It should be emphasized that the provisions adopted in the Act are primarily intended to address the situation of seafarers residing in Poland who, until now, due to performing work in third countries, were deprived of social insurance coverage. The Committee observes that, while the draft law on amendments to the law on the social security system aims to broaden compulsory social insurance coverage for seafarers, contrary to shoreworkers, seafarers would be solely responsible for paying the contributions, which would generally be based on the minimum wage, in breach of the principle established by Regulation 4.5, paragraph 3, according to which seafarers who are subject to the national social security legislation are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. Noting the concerns expressed by the Government regarding the difficulties to ensure payment of contributions by shipowners under non-EU/EFTA flags, as well as NSZZ Solidarność’s indication that there are around 35.000 seafarers working on ships flying non-EU/EFTA flags not covered by bilateral agreements, the Committee requests the Government to adopt the necessary measures to ensure effective social security protection to these seafarers respecting the principle of equality of treatment between seafarers and shoreworkers, as required by Regulation 4.5, paragraph 3, in particular by concluding bilateral agreements with the relevant countries. The Committee further requests the Government to provide statistical data on the number of seafarers serving on board ships flying non-EU/EFTA flags, who have registered and pay contributions to the social insurance scheme, as well as the contribution bases declared by seafarers.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. In reply to its previous comment, the Committee notes that the Government refers, among others, to the provisions of the Act of 18 August 2011 on Maritime Safety, the Act of 13 April 2007 on the State Labour Inspection (Journal of Laws of 2024, items 97 and 834) and the Act of 21 March 1991 on maritime areas of the Republic of Poland and maritime administration (Journal of Laws of 2023, item 960, as amended) which require that inspectors in the scope of their activity are independent from any external influence and cannot have a stake in inspected entities’ operations. The Government indicates that articles 27 and 40a and 43(1)(1) and (2)–(4a) of the Act of 18 August 2011 on Maritime Safety prescribes the powers of the inspecting authority to detain a ship, including in the event of irregularities concerning the work and life of seafarers on board and articles 48, 50–52 and 54 of the same Act regulate the rules and cases of prohibition of entry and exit of a ship from a port. The Committee takes note of this information, which addresses its previous request.