Spain ratifies ILO conventions on work in fishing and on domestic workers

The Second Vice-President and Minister of Labour and Social Economy deposited the instruments of ratification of both Conventions with the Director-General of the ILO in Geneva.

1 March 2023

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On 28 February 2023, Spain deposited the instruments of ratification of the Work in Fishing Convention, 2007 (No. 188) and the Domestic Workers Convention, 2011 (No. 189) with ILO Director-General Gilbert F. Houngbo. Spain is the 21st ILO member State to ratify Convention No. 188, as well as the 36th to ratify Convention No. 189.

Convention 188 of 2007 on work in fishing, which employs 38 million people worldwide, aims to ensure that fishers enjoy decent working conditions on board fishing vessels in terms of minimum requirements for work on board, conditions of service, accommodation and food, occupational safety and health protection, medical care and social security.

In Spain, amendments had previously been made to harmonise Convention 188 with national law. The RD 618/2020 raised the level of protection for fishers working on Spanish fishing vessels by adopting minimum standards of work and health and safety, and regulated the conditions of recruitment and enlistment, work, health protection and medical care, with the aim of improving the living and working conditions of workers on board fishing vessels. This amendment was related to the incorporation into Spanish labour law of the general principles provided for in Part II of the Convention. Associated with the ratification of Convention 188, it is also planned that the minimum requirements for work on board fishing vessels provided for in Part Three will be met.

Convention 189 on Domestic Workers, 2011, aims to guarantee the rights of domestic workers to enjoy conditions that are fair and no less favourable than those applicable to other workers in the field of employment and in respect of social security protection.

Spain has already anticipated the ratification by adapting the content of this agreement to Spanish domestic legislation by approving RDL 16/2022, of 6 September, to put the rights of these workers on an equal footing with those of other workers, by recognising, among other measures, the right to unemployment benefits, wage guarantee coverage through the Wage Guarantee Fund (FOGASA), the right to occupational health and safety protection on an equal footing with other workers, and by abolishing the concept of withdrawal, which allowed for dismissal without just cause.

It should be remembered that the ratifications of both conventions were approved unanimously by all political forces in the Spanish Parliament. With these two new ratifications, Spain continues to be the first country to ratify both conventions.