Blog Amya Abogados

13May, 15

Royal Decree 357/2015, from 8 May, on the fulfilment and control of the application of the Maritime Labour Convention 2006, from the International Labour Organisation in Spanish vessels (attached to this email).

On 9 May 2015 the Official State Gazette published legislative news of major importance in the future and which is particularly interesting as it will affect all as maritime operators and professionals.

In 2006 the Maritime Labour Convention (MLC) was approved at an International Conference by the International Labour Organisation. Spain ratified it in 2010 and it was published in the Official State Gazette on 22/03/2013. Now ROYAL DECREE 357/2015 was just published on 8 May for the fulfilment and control of the Convention.

According to this RD, Spanish civil vessels have to obtain a MARITIME LABOUR CERTIFICATE, which, as worded in its Statement of Reasons will have the presumptive value that the vessel has been duly inspected by the Spanish maritime authorities and that it complies with the requirements regarding the labour and living conditions of seafarers as specified in the MLC 2006.

The RD states that the Labour Inspection, the MARINE SOCIAL INSTITUTE (SOCIAL SECURITY) and the General Directorate of the Merchant Marine shall guarantee the establishment of the adequate control mechanisms for the inspection of the labour and living conditions of seafarers aboard Spanish fleet vessels.

1.- The Labour Inspection is in charge of verifying: minimum age and employment agreements, working and rest hours, accommodation and recreation services, health and safety and accident prevention, payment of wages.
2- The General Directorate of the Merchant Marine shall verify: rating of the seafarers, vessel manning levels, procedures for the processing of complaints on board (NOVELTY: crew complaints will be processed).
3.- The ISM is in charge of verifying: sanitary facilities, sick bay, health, food, catering arrangements, medical care controls.

After the inspection, a certificate of maritime work will be issued by the GENERAL DIRECTORATE OF THE MERCHANT MARINE. The vessels must have a copy of the Maritime Labour Convention on board the vessel.

If the staff in charge of the inspections finds serious breaches in the MLC requirements which represent a hazard to the health, safety or protection of the crew, they shall inform the Harbour Master in order to prevent the vessel from leaving the port until the breach has been corrected.

The RD regulates a procedure for complaints that can be processed by seafarers if the MLC regulations are violated. The complaint will first be presented before the superior authority on board. If it cannot be resolved on board the captain will notify the ship owner. However, the crew member may file the complaint directly before the Harbour Master’s Office. The Harbour Master is obliged to look into the complaint if it considers it to be justified and will perform the necessary inspections to correct the deficiency as appropriate. If the matter of the complaint is the competence of the Inspection or of the MARINE SOCIAL INSTITUTE, the Harbour Master will transfer it accordingly for its inspection.

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