Work in Fishing Convention, 2007 (No. 188) - Norway (Ratification: 2016)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the Government’s second report on the application of the Convention.

Articles 1–2 of the Convention. Definitions and scope of application. 1. Fishers. The Committee notes that, in reply to its previous request on the definition of fisher, the Government indicates that: (i) all persons on board officially registered commercial fishing vessels are covered by legislation applicable to fishing vessels; the fact that a vessel is registered as a “fishing vessel” establishes the linkage which determines who is covered by the Convention; (ii) the Ship Labour Act, 2013, and related regulations apply to persons engaged in work associated with the operation of vessels; (iii) persons covered by the Working Environment Act and who perform work on board for a shorter period of time are not covered by the Ship Labour Act, thus official fisheries observers would not be covered by the Act and related regulations; and (iv) the Ship Safety and Security Act and related regulations will however apply to all categories of personnel on board any ships, irrespective of type and size. Based on the Government’s indication, as well as on Regulations of 19 August 2013 n. 990 and Circular RSV 04/2013 of 19 August 2013, the Committee observes that fishers who work on board for a short period of time or perform work which in its nature does not form part of the ship’s ordinary operation could be excluded from the Ship Labour Act. Noting that Norway made no use of the flexibility clause in Article 3, paragraph 1(b), theCommittee requests the Government to provide examples of categories of fishers working on board fishing vessels for short periods or performing work which does not form part of the ship’s ordinary operation, who are totally or partially excluded from the scope of application of the Ship Labour Act, as well as to explain the reason why they would not qualify as “fishers” within the meaning of the Convention.

2. Commercial fishing. The Committee notes that, in reply to its previous comments, the Government indicates that section 1 of Regulations of 7 December 2012 No. 1144 defines “commercial fishing” on the basis of a person, or an enterprise trading catch valued in excess of NOK 50,000/annually. The Committee takes note of this information.

Article 9. Minimum age. 1. Minimum age and possible exceptions. The Committee notes that, in reply to its previous comments, the Government indicates that: (i) section 18 of the Ship Safety and Security Act establishes 16 years as the minimum age to work on board Norwegian ships; (ii) although section 1 of Regulations of 25 April 2002 No. 423 (Regulations No. 423) allows persons under 16 years of age to work on board fishing vessels, it is clearly stated that the activities are not considered work within the meaning of the intention of section 18 of the Ship Safety and Security Act; and (iii) in the preparatory work of the Ship Safety and Security Act, the intention of section 18 is expressed as follows: “[...] it will not be possible to derogate from the age limit of 16 years if the work is remunerated or otherwise compensated by other means.” The Committee, referring to its previous comments, observes that Regulations No. 423, amended in 2017: (i) apply to young people of at least 14 years of age who are placed on board ships engaged on domestic voyages, including fishing vessels, as part of schooling or practical vocational orientation (section 1(b)); (ii) define “work” as also including work that forms part of apprenticeship contracts or secondary education (section 1); and (iii) allows work on board fishing vessels of young persons from 15 years either on light work when they are subject to compulsory schooling, or in vocational training when they are not (section 9, fifth paragraph). The Committee requests the Government to indicate the measures taken to ensure that, in all cases, the minimum age to be placed on board fishing vessels as a part of schooling or vocational training is 15 years, in conformity with Article 9, paragraph 1. It further requests the Government to indicate the measures taken to determine, after consultation, the types of work permitted as light work for persons of 15 years subject to compulsory schooling, as well as the conditions in which such work shall be undertaken, and the periods of rest required (Article 9, paragraph 2).

2. Hazardous work. The Committee observes that the relevant legislation does not clearly stipulate that the performance of the activities referred to in Article 9, paragraph 3 of the Convention may be authorized only as from the age of 16 under certain conditions. Moreover, the requirements for granting exceptions from the prohibition of hazardous work under section 8, third paragraph of Regulations No. 423 are not in full conformity with those of Article 9, paragraph 5 (protection of health, safety and morals of the young persons; adequate specific instruction or vocational training; and basic pre-sea safety training). The Committee requests the Government to take the necessary measures to bring Regulations No. 423 in full conformity with Article 9, paragraph 5.

Articles 11 and 12. Medical examination. The Committee requests the Government to provide a model of medical certificate for fishers working on board fishing vessels.

Article 15. Crew list. Noting the information provided by the Government in its previous report on the legislation giving effect to this provision, the Committee requests the Government to indicate how it guarantees that a copy of the crew list is provided to authorized persons ashore prior to departure of the vessel, or communicated ashore immediately after departure of the vessel, as well as to indicate to whom and when such information shall be provided and for what purpose.

Article 16. Fisher’s work agreement. The Committee notes that, in reply to its previous comments, the Government refers to the chapeau of Annex II indicating that “a collective bargaining agreement where applicable” can render the particulars of such annex unnecessary. It indicates that, as there are several trade unions that organise fishers, all have representative collective bargaining agreements which detail particulars to be included in the work agreement(s). The Committee requests the Government to provide an example of a fisher’s work agreement, as well as of collective bargaining agreements covering commercial fishing.

Article 22. Recruitment and placement of fishers. The Committee notes that, in reply to its comments, the Government generically refers to Regulations of 19 August 2013 No. 999 on the use of recruitment and placement services on ships, as amended in 2017. Recalling the Government’s indication that requirements for licensing or certification of recruitment and placement services used on Norwegian ships are not regulated by law, the Committee reiterates that any private service providing recruitment and placement for fishers, which operates in the territory of a Member shall do so in conformity with a standardized system of licensing or certification or other form of regulation to be determined by Member States after consultation. The Committee requests the Government to take the necessary measures to give full effect to Article 22, paragraphs 2 and 3(c) of the Convention.

Article 24. Payment of fishers. The Committee notes that, in reply to its comments, the Government refers to the principle that parties may agree on the method for paying salary and other financial considerations, which is adopted by the representative parties of collective agreements relevant for the Norwegian fishing sector. While noting the Government’s information,the Committee again requests the Government to specify how it is guaranteed that the transmittal of payments to the fishers’ family is made at no cost as required by Article 24 of the Convention.

Articles 25–28. Accommodation and food. The Committee notes that, in reply to its previous comments, the Government indicates that pursuant to section 4 of the Regulations of 22 November 2013, No. 1404, fishing vessels of less than 15 meters in length overall (LOA) shall be built according to the provisions of the Nordic Boat Standard for commercial boats of less than 15 meters (1990) or equivalent standards. The Committee notes that Chapter 12 of the Standard, which deals with accommodation, only regulates sanitary facilities for closed boats of more than 8 metres LOA, ventilation, and fresh water. The Committee further notes that only the provisions on food and cleaning (Chapters VII and VIII) of Regulations of 15 October 1991 No. 713 on catering on fishing and catching vessels, referred to by the Government, apply to new fishing vessels under 15 metres. The Committee therefore notes that the national legislation only partially implements the Convention requirements related to accommodation (Articles 26 and Annex III) for new fishing vessels of less than 15 metres engaged in commercial fishing. The Committee requests the Government to take the necessary measures to ensure that the requirements contained in Article 26 and Annex III apply to new decked fishing vessels of less than 15 metres, bearing in mind the relevant flexibility clauses contained in the Convention.

Article 27(c). Accommodation and Food. Food and water at no cost. Noting the absence of information in this regard, the Committee again requests the Government to indicate how it implements Article 27(c) of the Convention.

Article 39. Medical care in a foreign port. The Committee notes that, under section 8-1 of the Ship Labour Act, if a person working on board is left behind in a foreign country due to illness or injury, the company shall ensure that the person concerned is placed in the care of a Norwegian foreign service official. If this is not practicable, the company shall arrange for the person concerned to receive proper care in another manner, and notify next of kin at his or her request. The Committee requests the Government to confirm whether fishing vessel owners, Norwegian National Insurance or an equivalent national insurance scheme in the country of residence of the fisher, are responsible for defraying the expenses of medical care, including related material assistance and support, during medical treatment in a foreign country, until the fisher has been repatriated, and to indicate the relevant applicable provisions.

Articles 40, 42–44. Compliance and enforcement. 1. Inspection. The Committee notes that, in reply to its previous request, the Government indicates that: (i) all fishing vessels of LOA between 8 and 15 meters are subject to inspection and survey by companies authorised by the National Maritime Authority (NMA), and shall be issued with a trading instruction as proof of compliance with applicable standards for such vessels; and (ii) fishing vessels with LOA of less than 8 meters are inspected, typically during inspection campaigns held in conjunction with seasonal fishing activities. Noting the absence of specific reference to the inspection of working and living conditions of fishers, the Committee requests the Government to provide information on how inspections on fishing vessels of less than 15 metres LOA comply with the requirements of Articles 40 and 42.

2. Certificate for working and living conditions for fishing vessels. In its previous comments, the Committee noted that the condition laid down by the NMA for issuing a certificate for working and living conditions for fishing vessels in Norway, instead of the requirement of Article 41, paragraph 1 of the Convention, is based on the length of the vessel combined with the trade area. It requested the Government to provide explanations on the definitions of “Deepsea fishing I” and “Bank fishing II”. The Committee notes the Government’s reply regarding the above definitions. The Government indicates that the ground for the scope of application of Regulations of 22 December 2014, No. 1893 is that fishing vessels of 15 metres LOA and over that are certified for fishing beyond 200 nautical miles from the baseline (in trade area Deepsea fishing I or greater trade area) have an operational pattern indicating that it is not uncommon for them to remain at sea for more than three days. Based on the NMA’s data, as per 12 June 2017, there were 23 fishing vessels of less than 24 metres in length (L) that were certified for trade area Deepsea fishing I or greater trade area, thus required to be issued with a certificate for working and living conditions on fishing vessels. The Government also indicates that, in the NMA’s assessment, it will be relatively normal for fishing vessels of 24 metres in length (L) and upwards certified for trade area Bank fishing I or greater trade area to remain at sea for more than three days. The NMA has therefore laid down that such fishing vessels shall be subject to inspection for compliance with the requirements of the Convention. The Committee takes note of this information.

3. Complaints. The Committee notes that, in reply to its previous request, the Government indicates that Regulations of 19 August 2013 No. 998 on the right to lodge complaints for persons working on board ship apply to any person working on board a Norwegian ship, including those working on board fishing vessels. Under section 3, paragraph 7 of the Regulations, “[i]f the complainant finds it necessary, the complaint may be lodged directly with the Norwegian Maritime Authority”. The Committee takes note of this information.

4. Port State Control. The Committee notes that, in reply to its previous request, the Government indicates that port State control is implemented by Regulations of 24 November 2014 No. 1458. Pursuant to section 4a of the Regulations, the NMA has followed the provisions of Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, as amended. NMA’s controls over foreign fishing vessels are performed in accordance with article 4 of the Torremolinos Protocol. The Committee observes that both the Council Directive 97/70/EC, as amended, and the Torremolinos Protocol apply to fishing vessels of 24 metres in length and over, and do not concern inspection on the working and living conditions on fishing vessels. The Committee requests the Government to confirm whether these inspections also cover the working and living conditions on fishing vessels.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s first report on the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. If considered necessary, the Committee may come back to other matters at a later stage.

Articles 1 to 6 of the Convention. Definitions, scope of application and implementation. The Committee notes the Government’s reference to Regulations of 19 August 2013 No. 990 and Circular RSV 04/2013 of 19 August 2013 on the scope of application of the Ship Labour Act, which contain provisions and guidance on the determination of the persons covered by them. The Committee requests the Government to provide information on the impact of the mentioned Regulations’ and Circular’s criteria on the definition of “fishers” and to indicate how it ensures that all fishers, within the meaning of the Convention, are covered by its legislation. The Committee further requests the Government to indicate whether fisheries observers are considered as fishers. The Committee requests the Government to provide information on the definition of “commercial fishing” in Norwegian legislation.

Article 9(1) and (2). Minimum age. Prohibition. The Committee notes the Government’s indication that young people under the age of 15 are not allowed to carry out work on board fishing vessels and that normally a young Norwegian person will be subject to compulsory schooling up to and including the year he or she turns 16. The Committee notes, however, that according to paragraph 1(b) of the Regulations of 25 April 2002, No. 423, on work by and placement of young people on Norwegian ships, applies to young people of at least 14 years of age who are placed on board ships engaged in domestic voyages, including fishing vessels, as part of schooling or practical vocational training. The Committee recalls that the minimum age for work on board a fishing vessel shall be 16 years and that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as provided by national legislation, and who are engaged in vocational training in fishing, or for persons who perform light work during school holidays (Article 9(1) and (2)). The Committee accordingly requests the Government to take the necessary measures to bring its legislation into full conformity with Article 9(1) and (2).

Article 9(3) to (5). Minimum age. Hazardous work. The Committee notes that section 8 of the Regulations of 25 April 2002, No. 423, on work by and placement of young people on Norwegian ships establish a list of types of work which young people shall not carry out. It also notes that the Regulations provide for the possibility for the Norwegian Maritime Authority to grant exemption from this prohibition where this is necessary for the vocational training of a young person and the work is carried out under the supervision of the master, a person authorized by the master, or a safety representative. The Committee notes, however, that the above-mentioned section does not make reference to the minimum age applying to such an exception. The Committee recalls that the minimum age for assignment to activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years, and that, only as from the age of 16, these activities may be authorized by national laws or regulations, or by decision of the competent authority, after consultation, on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons concerned have received adequate specific instruction or vocational training and have completed basic pre-sea safety training (Article 9(4) and (5)). The Committee accordingly requests the Government to indicate the manner in which it ensures that no person under the age of 16 years is assigned to activities on board fishing vessels, which are likely to jeopardize the health, safety or morals of young persons.

Article 16. Fisher’s work agreement. The Committee notes that section 2 of the Regulations of 19 August 2013 No. 1000 on employment agreement and pay statement provides for the information that shall be included in the employment agreement of any employee working on board Norwegian ships and mobile offshore units. Noting the absence of some particulars contained in Annex II of the Convention, the Committee requests the Government to indicate how full effect is given to Article 16 of the Convention.

Article 22. Recruitment and placement of fishers. The Committee notes the Government’s indication that the requirements for licensing or certification of recruitment and placement services used on Norwegian ships are not regulated by law. It recalls that any private service providing recruitment and placement for fishers which operates in the territory of a Member shall do so in conformity with a standardized system of licensing or certification or other form of regulation. Each Member shall, by means of laws, regulations or other measures, determine the conditions under which any licence, certificate or similar authorization of a private recruitment or placement service may be suspended or withdrawn in case of violation of relevant laws or regulations; and specify the conditions under which private recruitment and placement services can operate (Article 22(2) and (3)(c)). The Committee, therefore, requests the Government to indicate the measures taken to give effect to these requirements of the Convention.

Article 24. Payment of fishers. The Committee notes that section 4-2(3) of the Ship Labour Act, 2013 provides that employees may require that all or part of their due amount shall be remitted by fixed monthly bank transfer to members of their household or others. However, the Committee notes that section 4-2 of the Ship Labour Act does not provide that the transmittal of payments to the fishers’ family shall be made at no cost as required by Article 24 of the Convention. The Committee requests the Government to indicate how full effect is given to this requirement of the Convention.

Articles 25 to 28. Accommodation and food. The Committee notes that the Government refers to Regulations of 13 June 2000 No. 660 on the construction, operation, equipment and surveys of fishing vessels of 15 metres in length overall (LOA) and over, as amended. The Committee requests the Government to indicate which laws, regulations or other measures apply to fishing vessels of fewer than 15 metres in (LOA) flying its flag with respect to accommodation, food and potable water on board. The Committee recalls that Article 27(c) provides that each Member shall adopt measures requiring that the food and water shall be provided by the fishing vessel owner at no cost to the fisher. However, in accordance with national laws and regulations, the cost can be recovered as an operational cost if the collective agreement governing a share system or a fisher’s work agreement so provides. Noting the absence of information in this regard, the Committee requests the Government to indicate how full effect is given to this requirement of the Convention.

Articles 40, 42, 43 and 44. Compliance and enforcement. The Committee notes that section 43 of the Ship Safety and Security Act 2007 provides that Norwegian ships shall be subject to supervision, including supervision of working conditions and living environment for persons working on board. The Committee notes the amendments to Regulations of 22 December 2014, No. 1893, on supervision and certificates for Norwegian ships and mobile offshore, applicable to fishing vessels of 15 metres in (LOA) and upwards. The Committee recalls that each Member shall effectively exercise its jurisdiction and control over vessels that fly its flag by establishing a system for ensuring compliance with the requirements of this Convention including, as appropriate, inspections, reporting, monitoring, complaint procedures, appropriate penalties and corrective measures, in accordance with national laws or regulations (Article 40). The Committee, therefore, requests the Government to indicate the measures that give effect to Article 40 of the Convention for fishing vessels of fewer than 15 metres in (LOA) that fly its flag.

The Committee notes that section 14(4) of the Regulations of 22 December 2014, No. 1893, provides that fishing vessels shall have a certificate for working and living conditions when the vessel has: (a) an overall length of 15 metres and upwards and is certified for Deep-sea fishing I or greater trade area; (b) a length (L) of 24 metres and upwards and is certified for Bank fishing I or greater trade area. The Committee notes the Government’s indication that it is the Norwegian Maritime Authority’s (NMA) assessment that two of the conditions stipulated by Article 41(1) of the Convention, namely condition one: “ ... remaining at sea for more than three days ...” and condition two: “... which normally navigate at a distance exceeding 200 nautical miles from the coastline of the flag State ...”, are not adequate, neither as material nor territorial scope of application, for the determination of when the requirement for the certificate for working and living conditions on fishing vessels should apply. In order to create a predictable system, the NMA has therefore laid down that the requirement for a certificate for working and living conditions is based on two conditions which are understandable, predictable and easy to administer and comply with, namely the length of a fishing vessel combined with the trade area for which the fishing vessel is certified. The NMA has thus set out that the requirement for a certificate for working and living conditions shall apply to fishing vessels of 15 metres in (LOA) and upwards certified for Deep-sea fishing I or greater trade area, and fishing vessels of 24 metres in length (L) and upwards certified for Bank fishing I or greater trade area. Recalling that Article 41 is not subject to flexible implementation, the Committee requests the Government to provide detailed explanations on the definitions of Bank fishing I and Deep-Sea fishing I, and to indicate how it ensures full compliance with this provision of the Convention.

The Committee notes that section 9-7(5) of the Ship Safety and Security Act 2007 provides that the person working on board may lodge a complaint to the supervisory authorities about the service on the ship and the employment in general, and that the Ministry may issue regulations on such complaints concerning a number of issues. It recalls that, in accordance with Article 43 of the Convention, a Member which receives a complaint or obtains evidence that a fishing vessel that flies its flag does not conform to the requirements of this Convention shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. Noting the absence of information in this regard, the Committee requests the Government to indicate whether any regulation on complaints to the supervisory authorities has been issued, as indicated in section 9-7(5) of the Ship Labour Act, 2013, as well as any other existing arrangements for investigating cases of non-compliance with the requirements of the Convention. The Committee notes that section 44 of the Ship Safety and Security Act 2007 provides that foreign ships may be subject to supervision, including supervision of working conditions and working environment for persons working on board, and that the Ministry may issue regulations containing further provisions relating to such supervision. The Committee recalls that, in accordance with Article 44 of the Convention, each Member shall apply this Convention in such a way as to ensure that the fishing vessels flying the flag of any State that has not ratified this Convention do not receive more favourable treatment than fishing vessels that fly the flag of any Member that has ratified it. Noting the absence of information in this regard, the Committee finally requests the Government to report on whether any regulation on supervision of foreign ships has been issued, as indicated in section 44 of the Ship Safety and Security Act 2007.