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Work in Fishing Convention, 2007 (No. 188) - Denmark (RATIFICATION: 2020)

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The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Articles 1-3 of the Convention. Definitions and scope of application. The Committee notes the Government’s indication that no exclusions of categories of fishers or fishing vessels have been adopted. The Committee requests the Government to clarify whether fisheries observers are considered as fishers. The Committee also notes the Government provides no information on the definition of “commercial fishing”. The Committee requests the Government to indicate how it defines “commercial fishing” and to clarify how it gives effect to the Convention with respect to fishers and fishing vessels engaged in fishing operations on rivers, lakes or canals, with the exception of subsistence fishing and recreational fishing (Article 1(a) of the Convention).

Article 83. Responsibility and freedom of the skipper. The Committee notes that Consolidated act No. 1629 of 17 December 2018 on safety at sea refers to the responsibility of the skipper for the safety of the fishers on board and the safe operation of the vessel and that to the responsibility of the shipowner to ensure that the skipper has the opportunity to fulfil the obligations incumbent on him. The Committee requests the Government to provide details on how it is ensured in national law and practice that the skipper is free from constraint on the part of the fishing vessel owner to take any decision that he or she deems necessary for the safety of the vessel and its safe navigation and safe operation, or the safety of the fishers on board.

Article 9(2). Minimum age. The Committee notes the Government’s indication that, according to section 4(1) of the consolidated Act No. 1662 of 17 December 2018, on seafarers’ conditions of employment, the minimum age for employment on board a fishing vessel is 16. In the absence of information in this respect, the Committee requests the Government to clarify if light work is authorized on board fishing vessels and under which conditions.

Article 9(3) to (5). Minimum age. Hazardous work. The Committee notes that Chapter I, Part B, of Notice A from the Danish Maritime Authority covers the employment of young people below the age of 18 for work on board ships and establishes a list of types of activities which young people shall not carry out. It also notes the Government’s indication that some of those activities may be authorized if the work on board fishing vessels is forming a necessary part of the training in connection with an education as a fisher approved by the Danish Maritime Authority and, after the completion of the training programme, the same exemptions shall apply to the extent that they are necessary for the employment of the young person. Noting that the above-mentioned Notice does not make reference to the minimum age applying in such cases, the Committee requests the Government to provide clarifications in this regard.

Article 9(6). Minimum age. Work at night. The Committee notes the Government’s reference to Section 6 of Order no. 1011 of 16 August 2013 on fishers’ hours of rest. The Committee requests the Government to indicate how effect is given to the detailed requirements established by Article 9(6)(a) and (b) of the Convention concerning exceptions to the night work restriction.

Articles 13 and 14. Manning and hours of rest. The Committee notes that, although the Order no. 1011 of 16 August 2013, on fishers’ hours of rest, provides for more frequent or longer periods of days off when deviations are made from the regulations on hours of rest in case the conditions of fishing or the processing of the fish so requires, they do not regulate compensatory rest in case the fisher is required to work for the immediate safety of the vessel, those on board or the cargo or in order to assist other ships or persons in distress at sea. The Committee requests the Government to indicate how it is ensured that compensatory periods of rest are effectively provided to fishers under the conditions set out in Article 14(4).

Articles 16 and 17. Fisher’s work agreement. The Committee notes that Order no. 114 of 29 January 2021 on the employer’s obligation to conclude a written contract with fishers on the conditions of employment does not stipulate the particulars (i) and (j),(i)–(iii) listed in Annex II of the Convention, to be contained in the fisher’s work agreement. The Committee requests the Government to indicate how it is ensured that fishers’ work agreements contain the particulars listed in Annex II on the method of calculating the share of the catch, as well as the conditions for termination the agreement (Article 16(b)). In the absence of specific information in this regard, the Committee also requests the Government to indicate how it implements Article 17(b) and (c) regarding the maintenance of records concerning the fisher’s work under a fisher’s work agreement and the means of settling disputes in connection with such agreement.

Article 21(2) and (3). Repatriation. In the absence of information in this respect, the Committee requests the Government to indicate how it is ensured that, when the fisher’s work agreement has been terminated by the fishing vessel owner in the event of serious breach of the fisher’s employment obligations, fishers are entitled to repatriation without prejudice to the right of the fishing vessel owner to recover the cost from the fisher. The Committee also requests the Government to provide information on the measures adopted setting out the maximum duration of service periods on board following which a fisher is entitled to repatriation.

Article 24. Payment of fishers. Transmission of payments to families. While noting the Government’s reference to section 24 of the Act on seafarers’ conditions of employment (Act No. 1662 of 17 December 2018), the Committee observes that such section does not provide for the possibility for fishers to transmit their payments, including advances, to their families at no cost. The Committee requests the Government to indicate how is ensures compliance with this requirement of the Convention.

Articles 25, 26 and Annex III, paragraphs 9–12. Accommodation:

Planning and control. The Committee requests the Government to provide detailed information on how it complies with the requirements related to planning and control (Annex III, paragraphs 9–12).
Derogations. The Committee notes that, according to sections 4 and 20 of the Order No. 1116 of 11 November 2019 on accommodation, etc. in fishing vessels, the Danish Maritime Authority may, after consultation, permit variations and derogations to some of the provisions giving effect to the detailed requirements of Articles 26, 27 and Annex III. The Committee requests the Government to provide detailed information on any such derogations, including consultations held in this regard.

Articles 34–37. Social security. The Committee notes the Government’s indication that fishers who are resident in Denmark and their dependents are entitled to benefit from social security protection on equal terms as all other workers, irrespective of nationality. The Committee requests the Government to indicate (i) the contingencies for which coverage is currently available for fishers and their dependants, listing the relevant applicable provisions; and (ii) the percentage of fishers covered, specifying the number of fishers currently registered with the existing social security schemes.

The Committee also notes the Government’s indication that there are specific rules due to bilateral and multilateral agreements. The Committee requests the Government to provide detailed information on (i) whether and how the above-mentioned agreements cover non-resident fishers that work on Danish-flagged vessels and (ii) how it ensures the maintenance of social security rights which have been acquired or are in the course of acquisition by fishers working on board Danish-flagged fishing vessels, regardless of residence (Article 36).

Articles 40–42. Compliance and enforcement. Flag State inspections. The Committee notes that the system of inspection is regulated by Order No. 145 of 1 February 2021 on surveys and certification of fishing vessels in accordance with ILO 188 Work in Fishing Convention. It also notes the Government’s indication that, so far, no recognized organisation or other institutions have been instructed to issue Work in Fishing Convention certificates. The Committee requests the Government to provide information on: (i) the number of qualified inspectors to fulfil its responsibilities under Article 41, indicating their training and qualification requirements; (ii) the number of inspections undertaken on fishing vessels, and to supply examples of the reports drawn up following these inspections; (iii) the number of Work in Fishing Convention Certificates issued, and to supply an example of a work in fishing certificate issued by theDanish Maritime Authority.

Articles 43–44. Compliance and enforcement. The Committee notes that Order no. 573 of 25 May 2023 issued by the Danish Maritime Authority regulates complaints on board fishing vessels. It also notes the Government’s indication that the Danish Maritime Authority has not received any complaints relating to working and living conditions on board Danish fishing vessels or on-board foreign fishing vessels in Danish ports during the reporting period. The Committee requests the Government to clarify how it ensures that the complaints may be submitted by a fisher, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the vessel, including an interest in safety or health hazards to the fishers on board (Article 43(3)). The Committee further requests the Government to provide up-dated information on the number of investigations carried out and on measures taken as a result, as well as to describe any port State control measures taken in pursuance of Articles 43 and 44.

Faroe Islands

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Articles 1 and 2 of the Convention. Definitions and scope of application. Fishers. The Committee notes that the legislation provided by the Government does not contain a definition of “fishers” or “skipper”. The Committee accordingly requests the Government to indicate how its legislation defines fishers and skippers in accordance with Article 1, paragraphs (e) and (l).

Article 7. Competent authority and coordination. The Committee notes that the Government provides no information existing mechanisms for coordination among relevant authorities as required by Article 7. The Committee accordingly requests the Government to indicate how it complies with this provision of the Convention.

Article 9(3–5). Minimum age. Hazardous work. The Committee notes the Government’s reference to Regulation 3, paragraph 3 of Ch. I, Part B on “Young people’s work on board ships” of 1 July 2002 and to section 44 of the Executive Order No. 105 of 5 August 2015 on certificates of competency and qualification requirements to manning on ships, as amended. It observes that these provisions do not implement Article 9(3–5) of the Convention. The Committee accordingly requests the Government to explain how it ensures that no person under the age of 18 years is assigned to activities on board fishing vessels, which are likely to jeopardize their health, safety or morals. It further requests the Government to provide the list of prohibited types of hazardous works on board fishing vessels, determined by national laws or regulations, or by the competent authority, after consultations required by the Convention (Article 9(3)).

Articles 13 and 14. Manning and hours of rest. The Committee notes that, although section 4 of the Executive order No. 92 of 2 June 2021 on seafarers’ hours of rest employed on fishing vessel, provides that seafarers who are required to work during a planned period of rest when necessary for the catch or for processing the catch, it does not regulate compensatory rest in case the fisher is required to work for the immediate safety of the vessel, those on board or the cargo or in order to assist other ships or persons in distress at sea. The Committee requests the Government to indicate how it is ensured that compensatory periods of rest are effectively provided to fishers under the conditions set out in Article 14(4).

Article 24. Payment of fishers. Transmission of wages to families. The Committee notes the Government’s reference to section 25 of the Parliamentary Act No. 4 of 15 January 1988 on seafarers’ conditions of employment etc. as last amended by Parliamentary Act No. 28 of 11 March 2022 dealing with the possible deduction from seafarers’ wages. Noting that the Government provides no specific information on the implementation of Article 24, the Committee requests the Government to indicate how it is ensured that all fishers working on board fishing vessels are given a means to transmit all or part of their payments received, including advances, to their families at no cost.

Articles 29 and 30. Medical care. The Committee notes that the Government refers to section 27 of the Notice No. 80 of 15 July 2016 concerning technical regulation on occupational health in ships. It notes however that this Notice is not available in English. The Committee accordingly requests the Government to provide detailed information on the content of section 27 of the said Notice. It also notes that the Government refers to Notice No. 2 on medicine chest and medical treatment on board ships. The Committee observes however that this Notice does not apply to fishing vessels below of 15 meters. The Committee recalls that Article 29, requires appropriate medical care on board fishing vessels, regardless of the size of the fishing vessel. The Committee requests the Government to indicate how it gives effect to Article 29 in relation to fishing vessels below 15 meters.

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes that Notice 80 of 15 July 2016 referred to by the Government is not available in English. The Committee accordingly requests the Government to provide detailed information on the application in law and in practice of Article 31 to 33 of the Convention, transcribing whenever possible the relevant sections of the applicable texts.

Articles 40–42. Compliance and enforcement. Flag State inspections. The Committee notes that the system of inspection is regulated Parliamentary Act No. 165 of 21 December 2001 on safety at sea, as last amended by Parliamentary Act. No. 91 of 7 June 2020. The Committee requests the Government to provide information on: (i) the number of qualified inspectors to fulfil its responsibilities under Article 41 of the Convention, indicating their training and qualification requirements; (ii) the number of inspections undertaken on fishing vessels, and to supply examples of the reports drawn up following these inspections; (iii) the number of Work in Fishing Convention Certificates issued, and to supply an example of such certificate issued by theMaritime Authority of Faroe Islands.

Articles 43–44. Compliance and enforcement. The Committee notes that the Government refers to Parliamentary Act No. 4 of 15 January 1988 on seafarers’ conditions of employment etc. as last amended by Parliamentary Act No. 28 of 11 March 2022 which regulates complaints on board fishing vessels. The Committee observes that the Government has not submitted information on how it implement the detailed requirements of articles 43 and 44. The Committee accordingly requests the Government to clarify how it ensures that the complaints may be submitted by a fisher, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the vessel, including an interest in safety or health hazards to the fishers on board (Article 43(3)). The Committee further requests the Government to provide up-dated information on the number of investigations carried out and on measures taken as a result, as well as to describe any port State control measures taken in pursuance of Articles 43 and 44.