La actual regulación del trabajo a bordo de buques de pesca en la Organización Internacional del Trabajo y su incorporación del Derecho de la Unión Europea y a los Acuerdos de Colaboración de pesca sostenible negociados por la Comisión en nombre de la Unión Europea

• Xosé Manuel Carril Vázquez ^[1] ; Olga Fotinopoulou Basurko ^[2]
  1. [1] Universidade da Coruña

     Universidade da Coruña

     A Coruña, España

     
  2. [2] UPV/EHU
• Localización: Revista del Ministerio de Trabajo y Economía Social, ISSN 2660-4647, Nº. 151, 2021, págs. 141-162
• Idioma: español
• Títulos paralelos:
  • The Current International Labour Organization regulation on work on board fishing vessels and its incorporation into European Union Law and into sustainable fisheries partnership agreements negotiated by the Commission on behalf of the European Union
• Enlaces
  • Texto completo
• Resumen

  • The vessel, as a means of navigation for maritime transport and for fishing (and other living resources of the sea) for commercial purposes, is a non-land work center, whose mobility determines the marked international profile of its regulation, even from the point of view of Labor and Social Security Law, in which what is approved by the International Labor Organization and the European Union is very present. In the case of work on board fishing vessels, its current regulation by the International Labor Organization is the Work in Fishing Convention, 2007 (No 188) –complemented by the Work in Fishing Recommendation, 2007 (No. 199)–, which reviews and updates the normative activity of the International Labor Organization on work in fishing, offering facilities (or flexibility clauses) to States for its ratification (something that Spain has not done yet). This convention is already part of European Union law thanks to the agreement reached by the most representative social partners (given the inability of the European States to ratify the convention) and which implied the approval of the Council Directive (EU) 2017/159 of 19 December 2016 (whose transposition deadline has been breached by Spain). In relation to the aforementioned Work in Fishing Convention, 2007 (No 188), the European Union has some inconsistencies between what it asks of its member states (requesting for its ratification) and what it does in its sustainable fisheries partnership agreements with third States (not including the convention), which should be avoided.