Proposal for a Directive of the European Parliament and of the Council on seafarers amending Directives 2008/94/EC, 2009/38/EC, 2002/14/EC, 98/59/EC and 2001/23/EC

Author (Corporate)
Series Title
Series Details (2013) 798 final (18.11.13)
Publication Date 18/11/2013
Content Type

The EU labour law directives are generally applicable to all sectors of activity and all categories of workers. Nevertheless, seafarers are excluded or can be excluded from the scope of six directives, without any express justification.

Depending on the situation at national level, exclusions could have a negative impact on a number of rights recognised under the Charter of Fundamental Rights of the European Union, in particular the right to information and consultation within the undertaking, and the right to fair and just working conditions.

Most of the Member States have made little or no use of the exclusions. Eight Member States have not excluded seafarers from any of the Directives and eight Member States have made use of only one exclusion. This situation gives rise to a potential situation whereby the same categories of workers are treated differently in the different Member States.

Furthermore, as underlined by the Commission previously, the number of EU national seafarers is steadily decreasing and this could be problematic for the future, notably because experience off-shore is essential for certain shore-based jobs. Although this could be the consequence of different factors, the lack of interest in maritime careers may be reinforced by the impression that seafarers are less well protected than other employees.

Hence, the current situation does not ensure a level playing field in the European market, since certain companies are exempted from certain obligations, notably in terms of information and consultation, which are mandatory for competing companies based in other Member States.

As a consequence, the aim of the proposal is to improve the level of protection of the rights protected under the EU Charter of Fundamental Rights in EU labour law and to ensure a level playing field at EU level. Furthermore, it contributes to general policy objectives which are enshrined in Article 151 TFEU, namely the promotion of employment, improved living and working conditions, proper social protection and dialogue between management and labour.

Source Link Link to Main Source http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2013:798:FIN
Related Links
EUR-Lex: COM(2013)798: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:798:FIN
EUR-Lex: SWD(2013)461: Executive summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:461:FIN
EUR-Lex: SWD(2013)462: Impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2013:462:FIN
ESO: Background information: Labour law: Commission proposes to improve workers' rights for seafarers http://www.europeansources.info/record/press-release-labour-law-commission-proposes-to-improve-workers-rights-for-seafarers/

Subject Categories
Countries / Regions