As part of the European Pillar of Social Rights, the European Commission developed a proposal for a Transparent and Predictable Working Conditions Directive. This aims to grant all workers in Europe fair working conditions, and social protection and inclusion. However, Member States excluded seafarers and fishermen from this legislation.
Responding to this development, European Transport Workers’ Federation said that this excludes seagoing workers from rights such as information in case of unpredictable work patterns, information on the identity of the social security institution(s) receiving the social contributions attached to the employment relationship, and denies them basic social rights.
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Mark Dickinson, ETF spokesperson to the Sectoral Social Dialogue Committee for Maritime Transport, stated:
It took years to reach a compromise agreement with the shipowners to include seafarers, through Directive 2015/1794, in a number of key social and employment directives – notably on information and consultation of workers. We therefore call on EU policymakers and in particular the European Parliament rapporteur Enrique Calvet Chambon, to prevent all these efforts from being undermined and to avoid excluding seafarers once again.
Namely, the General Approach reached by the Council on 21 June 2018 excludes seafarers and sea fishermen from the following articles of the Transparent and Predictable Working Conditions (TPWC) Directive:
- Article 3(2)(l): Obligation to provide information if the work pattern is entirely or mostly unpredictable, the principle that the work pattern is unpredictable, the amount of guaranteed paid hours, the remuneration of the work performed in addition to the guaranteed hours and: (i) the reference hours and days within which the worker may be required to work; (ii) the minimum advance notice the worker shall receive before the start of a work assignment.
- Article 3(2)(n): Obligation to provide information on the identity of the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer.
- Article 6: Additional information for workers sent to another Member State or a third country.
- Article 8: Employment in parallel.
- Article 9: Minimum predictability of work.
- Article 10: Transition to another form of employment.
