The EU acquis on labour law, equality, and non-discrimination is substantial for EU workers and has recently become applicable also to seafarers. Furthermore, regarding the working and living conditions on board a ship, there is an additional contribution towards the prevention of accidents caused by human factors. This element being essential in terms of maritime safety, it should be continuously safeguarded and enhanced in accordance with the existing international standards.
Maritime Labour Convention and the European Union
At international level, the International Labour Organisation (sectoral social dialogue committee for maritime transport. The social agreement concluded by the European Community Shipowners' Association (ECSA) and the European Transport Workers' Federation (ETF) was implemented into EU Law with Council Directive 2009/13/EC.
EU enforcement instruments
To complement the acquis and to ensure the effective enforcement of these international provisions, two Directives were introduced regarding flag State responsibilities and port State obligations for the Member States: Directive 2009/16/EC on port State control, obliges Member States to ensure, through their inspection mechanism, that the treatment of ships and its crew, flying the flag of a State which is not a MLC-2006 ratifying is not more favourable than that of a ship, and its crew, of a ship flying the flag of a MLC-2006 ratifying State. These Directives have provided specific regimes for monitoring, compliance and handling of on-board and onshore complaint procedures, depending on whether the state is acting as a port or a flag State.
Directive Directive 1999/95/EC aims to improve safety at sea, combat unfair competition from third-country ship owners and protect the health and safety of seafarers on board ships using EU ports.
EU social-specific legislation applicable to seafarers
Additional aspects regarding the employment and working conditions of seafarers working on-board EU flagged vessels fall within the scope of the following Directives:
- Health and safety : Directives 92/29/EEC
- Working time: Directives 1999/63/EC
- Social Security: Regulation (EC) No 883/2004
Moreover, Directive 2015/1794/EU amended the scope of five EU labour law Directives by including seafarers, thus improving their work rights. Therefore, additional EU social law which becomes applicable to seafarers is the following:
- Protection of employees in the event of the insolvency of their employer: Directive 2008/94/EC
- Information and consultation of employees: Directive 2002/14/EC
- Approximation of MS laws on collective redundancies: Directive 98/59/EC
- Approximation of MS laws on safeguarding employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses: Directive 2001/23/EC
Consequently, these inclusions give seafarers the same rights as the employees on-shore. Furthermore, this leads to an enhancement of their living and working conditions, thus increasing the attractiveness of working in the maritime sector in particular for young people. This is important as the number of EU seafarers has been steadily decreasing over the last few years and the sector is threatened with labour shortages. One of the purposes of this social legislation framework is to ensure fairer competition in the shipping sector within the EU because operators would have the same obligations in all EU Member States.