Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 8) sur les indemnités de chômage (naufrage), 1920 - Espagne (Ratification: 1924)

The Committee notes that Spain has ratified the Maritime Labour Convention, 2006 (MLC, 2006). The entry into force 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 requirements of this Convention. The Committee recalls, in this respect, that most of the provisions of Convention No. 8 have been incorporated in Regulation 2.6, Standard A2.6 and Guideline B2.6 of the MLC, 2006, and therefore compliance with Convention No. 8 would facilitate the implementation of the corresponding requirements of the MLC, 2006.

Articles 2 and 3 of the Convention. Unemployment indemnity in case of shipwreck. The Committee notes the Government’s renewed reference to section 59 of the Worker’s Charter and the indemnity to be granted in the event of termination of contract in a case of force majeure, such as shipwreck. In that regard, the Committee wishes to point out once more that such indemnity being limited to 20 days for each year of service is not consistent with the requirements of the Convention. Moreover, it appears that unemployment insurance benefits for seafarers in case of shipwreck are subject to the payment of contributions for a minimum qualifying period, under section 210 of Royal Legislative Decree No. 1/1994 of 20 June 1994. In addition, the Committee understands that recently enacted legislation, including Act No. 14/2009 of 11 November 2009 on temporary programme for unemployment protection and Act No. 32/2010 of 5 August 2010 on specific protective scheme for the self-employed in the event of termination of activity, also subjects unemployment benefits to a minimum qualifying period. The Committee wishes to recall that the Convention requires that the unemployment indemnity due to the seafarer in every case of the loss or foundering of the vessel be paid for the days during which the seafarer remains in fact unemployed, for a period of at least two months. The Committee accordingly requests the Government to take all necessary action in order to bring the national legislation into line with the Convention. Finally, further to its previous comment and in the absence of information addressing this point, the Committee again requests the Government to indicate the manner in which the application of the Convention is ensured in practice in the case of foreign seafarers employed on vessels registered on the Special Register of the Canaries in accordance with Act No. 27/1992 of 24 November 1992.