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Self-employed fishermen in the EU
29 April 2016
Self-employed fishermen in the EU
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Self-employed fishermen in the EU
A report submitted by ICF Consulting Services
Date: 29 April, 2016
J30300660
ICF Consulting Services Limited Watling House 33 Cannon Street London EC4M 5SB
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Document Title Self-employed fishermen in the EU
Job No. J30300660
Prepared by Prepared by Ines Maillart, Johanna Dorenburg, Caroline Buton and Raul Muriel
Checked by Checked by Tina Weber
Date 29 April 2016
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Consulting Ltd under contract to European Transport Workers’ Federation. The contents of this report
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This report has been funded with the support from the European Commission and reflects the views only of the author. The Commission cannot be held responsible for any use which may be made of the information contained therein.
Self-employed fishermen in the EU
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1 Introduction to the study 3
1.1 Purpose of the study .................................................................................................... 3
1.2 Methodological approach ............................................................................................ 3
1.3 Scope of the study ........................................................................................................ 4
1.4 Structure of the report ................................................................................................. 4
2 Definitions of self-employment 5
2.1 Definitions of self-employed in the acquis communautaire........................................ 5
2.2 Comparative overview of national definitions of self-employed in the selected countries ...................................................................................................................... 6
3 Employment figures of the maritime fishing sector 7
3.1 Limitations of the data available .................................................................................. 8
3.2 Key economic and employment figures in the fishing sector ...................................... 8
3.3 Working arrangements in the fishing sector in the five Member States analysed in depth ...................................................................................................................... 14
4 Analysis of the acquis communautaire 18
4.1 Working conditions .................................................................................................... 18
4.2 Social security ............................................................................................................. 23
4.3 Health and safety ....................................................................................................... 24
4.4 Key findings ................................................................................................................ 27
5 Comparative analysis of working conditions, social security and health and safety provisions for fishermen in five Member States 28
5.1 Working conditions .................................................................................................... 29
5.2 Social security ............................................................................................................. 32
5.3 Health and safety ....................................................................................................... 33
6 Conclusions 35
7 Annex – Country reports 37
Self-employed fishermen in the EU
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1 Introduction to the study
1.1 Purpose of the study
This study was commissioned by the social partners in the European fishing sector, ETF and
Europêche. The main aim of the project was to map the coverage of self—employed
fishermen1 working on board fishing vessels for the purposes of labour, social protection and
health and safety legislation and to collect data on the number of self-employed fishermen
working in the EU Member States. The study sought to assess the extent to which the self-
employment are covered by the ‘social’ acquis communautaire and specific national
legislation ensuring the protection of fishermen on board vessels.
This study focuses on the following aspects:
■ An understanding of the concept of self-employment under the ‘acquis communautaire’
and main similarities and differences in its use among EU Member States within the
maritime fishing sector.
■ The main features and trends of EU ‘social’ legislative instruments affecting self-
employed fishermen within the acquis communautaire, as well as their treatment in
national legislation.
■ The presence and level of self-employment among fishermen in the maritime fishing
sector.
1.2 Methodological approach
This study applied a mixed-method approach using primary and secondary sources to collect
data at European and national level. It employed three different methods of data collection,
briefly described below:
■ Desk research and a literature review at EU level, focusing on the main features of the
acquis communautaire regarding the definition of self-employment and a comparative
analysis of relevant social legislation.
■ Case studies based on in-depth desk research and interviews in five selected countries
(DK, ES, FR, NL and UK) focusing on the countries’ national ‘social’ legislation
instruments and the extent to which self-employed fishermen are covered. The data
gathering process focused on:
– Desk research on:
○ Key labour market regulations, their coverage of self-employed and specific
provisions for self-employed.
○ National legislation regarding the maritime fishing sector.
○ Key socio-economic and employment data for the sector.
– In-depth interviews were carried out with:
○ Public authorities (e.g. national ministries) responsible of the fishing sector and/or
labour market policy.
○ Social partners involved in the maritime fishing sector.
A total number of 23 interviews were conducted in the five selected Member States.
In three of the case studies, a country visit was organised to carry out face-to-face
interviews.
1 The report uses the term ‘fisherman’ or ‘fishermen’ to refer to all people developing fishing activities. Gender-
neutral terms (such as fisher or fisherperson) are still not spread within the literature of the sector.
Self-employed fishermen in the EU
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■ Analysis of employment data at EU and national level. The research gathered
information on the share of employed and self-employed fishermen mainly using
Eurostat data, but also utilising national sources where available.
1.3 Scope of the study
While socio-economic and employment data were gathered for all 23 Member States with a
maritime fishing sector (Austria, the Czech Republic, Hungary, Luxembourg and Slovakia do
not have such a sector); a detailed assessment of relevant social legislation and a further
investigation of data on self-employed fishermen was carried out in five countries: Denmark,
France, Netherlands, United Kingdom, and Spain. The selected Member States together
cover a relevant number of the maritime fishing vessels (31%2) and include maritime workers
with a varied proportion of self-employed fishermen. The five national reports can be
consulted in the Annex to this report.
1.4 Structure of the report
The report is structured as follows:
■ Chapter 2 discusses the definition of self-employment in the acquis communautaire and
in national regulations of the five selected countries.
■ Chapter 3 provides an overview of employment data and working arrangements in the
maritime fishing sector at EU and national level. European level data are compared with
the national data gathered in the five case studies.
■ Chapter 4 contains an analysis of the acquis communautaire regarding working
conditions, social security and health and safety.
■ Chapter 5 provides a comparative analysis of national instruments in the five selected
countries on working conditions, social security and health and safety.
■ Chapter 6 summarises the conclusions of the study.
Each chapter is introduced by a summary of the key findings on that section.
The following Annexes are also provided:
■ Annex 1. EU sources consulted.
■ Annex 2. Country report for Denmark.
■ Annex 3. Country report for France.
■ Annex 4. Country report for Netherlands.
■ Annex 5. Country report for Spain.
■ Annex 6. Country report for United Kingdom
2 Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2014 Annual Economic Report on
the EU fishing Fleet (STECF 14-16), 2014.
Self-employed fishermen in the EU
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2 Definitions of self-employment
Summary of main aspects of section 2
■ No common and agreed EU definition of self-employed. This is partly explained by the
fact that most of the legislation at EU level does not cover self-employed individuals.
■ As a result, self-employed are defined as not belonging to other categories of workers
(employees, workers etc.) rather than being covered by a specific definition.
■ In the framework of this study, the concept of self-employment can only be fully
understood when analysing national definitions.
■ The understanding of self-employment is generally similar among four countries
analysed (FR, NL, ES and UK) although there are several disparities. Denmark has a
different approach as self-employment activities are not regulated as such.
2.1 Definitions of self-employed in the acquis communautaire
2.1.1.1 A lack of an EU level definition of self-employed
There is no agreed EU definition of what a self-employed person is. Different pieces of
legislation and official texts make reference to the category of self-employed but do not really
provide a common understanding or a clear definition. This is partly explained by the fact
that most of the legislation at EU level does not cover self-employed individuals. As a result,
self-employed are defined as not belonging to other categories of workers (employees,
workers etc.) rather being covered by a specific definition of what it means to be self-
employed.
As mentioned above, only few pieces of EU legislation refer to the category of self-
employed; they are mainly in the field of health and safety and social security. Therefore, it is
worth looking at how this concept is defined in these texts.
Regulation (EC) no 883/20043 on the coordination of social security system mentions that:
‘Activity as a ‘self-employed person’ means any activity or equivalent situation treated
as such for the purposes of the social security legislation of the Member State in which
such activity or equivalent situation exists’.
Therefore, this description defers to national definitions and concepts rather than providing a
precise definition and understanding at EU level.
Article 2 of Directive 92/57/EEC4 on the implementation of minimum safety and health
requirements at temporary or mobile constructions sites also provides a definition of ‘self-
employed’:
‘‘any person other than those referred to in Article 3 (a) (worker) and (b) (employer) of
Directive 89/391/EEC whose professional activity contributes to the completion of a
project;’
Article 3(a) and 3(b) of Directive 89/391/EEC5 on the introduction of measures to encourage
improvements in the safety and health of workers at work provides the two definitions
mentioned:
– Article 3(a) - worker: ‘any person employed by an employer, including trainees and
apprentices but excluding domestic servants’;
3 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:166:0001:0123:en:PDF
4 http://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A31992L0057
5 http://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A31989L0391
Self-employed fishermen in the EU
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– Article 3(b) - employer: ‘any natural or legal person who has an employment
relationship with the worker and has responsibility for the undertaking and/or
establishment’.
As previously mentioned, this characterisation of self-employed at EU level is thus
developed in opposition to other categories i.e. workers and employers and again does not
provide a full common understanding of the concept at EU level.
One of the most complete definitions can be found in the Council Recommendation
2003/134/EC6 concerning the improvement of the protection of the health and safety at work
of self-employed workers. This text defines self-employed as:
‘(…) workers who exercise their occupational activity in a manner which does not
involve an employment relationship with an employer or, more generally, does not
make them subordinate to a third person.’
Even though this definition remains quite vague, it provides a first step towards a common
understanding of what it means to be self-employed.
Another aspect to take into account when defining self-employed individuals is their capacity
to employ other workers. There is no clear EU regulation formulating this, however this has
been recognised by some EU instruments. For example, the regulation of the European
Globalisation Fund includes among its beneficiaries those self-employed that employ more
than 10 workers.7 Hence, it is implicit that self-employed individuals could be employing
workers. The differentiation between being an employer or a self-employed in those cases
can be less clear and needs to be further defined in national regulation. This issue also
impacts how social dialogue is understood and which organisations represent the interest of
self-employed individuals.
However, it is worth bearing in mind, that in the framework of this study, the concept of self-
employment can only be fully understood when looking at national definitions.
2.2 Comparative overview of national definitions of self-employed in the selected countries
Regarding the general definition of what it means to be self-employed in the five
selected countries, it seems that the definition does not differ significantly in its nature.
Indeed, a self-employed individual is identified as a person running their own business, with
the aim of making a profit, having a legal status for their company. In Denmark self-
employed are in the practice considered as employers8.
Among the other four Member States analysed there are slight variations to this basic
definition. Some for instance developed several categories of self-employment to adapt to a
very diverse reality. Spanish labour laws divided the self-employed into five specific
categories based on the type of entrepreneurial activity and working relation established.
There is one category for family workers as well as another one being the so-called
economically dependent workers which includes those self-employed which depend in one
‘client/employer’.9 In the Netherlands, the self-employed can be identified in three different
ways: by the specific company forms typical for self-employed working as a ‘one-man’
6 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV%3Ac10310
7 Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the
European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:347:0855:0864:EN:PDF 8 In Denmark freelancers’ revenues are taxed as employee revenues.
9 The self-employed worker must earn 80% or more of their income from a single source. Eurofound. Spain: Self-
employed workers. EurWORK Observatory, 2009. http://www.eurofound.europa.eu/observatories/eurwork/comparative-information/national-contributions/spain/spain-self-employed-workers
Self-employed fishermen in the EU
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company; through tax provisions – working independently and declaring a revenue for this
activity; and by a “self-employment” test – making sure that the person works truly
independent and can be distinguished from an employee, hereby a time criterion is also of
importance10
..
As far as the concept of self-employed in the fishing sector is defined in the five countries
studies, one can see that there are several disparities and specificities.
For instance, in the UK for the purposes of income tax and national insurance11
, the
definition of a share fishermen is in place. A share fisherman are defined as someone
working in the fishing industry who is not employed under a contract of service, is master or
a crew-member of a British fishing boat manned by more than one person; or gets all or part
of their pay by sharing the profits or gross earnings of the fishing boat.
This idea of sharing the profit is also partly reflected in the Netherlands with the
partnership agreement (maatschap)12
where several self-employed fishermen work
together on a same vessel. In rare cases (e.g. small scale fisheries), there are also self-
employed fishermen without employees – being thus vessel owners- working alone on their
vessel. In all cases the vessel owner has more responsibility than workers and legally has a
specific position – whether as an employer, or in a partnership agreement.
Denmark, France and Spain have a more restricted definition of self-employed in the
fishing sector compared to the other countries. Indeed, in Denmark it is only to the extent
that the shipmaster of a fishing vessel is also the ship-owner, that s/he will be self-employed
(and treated legally as an employer). In all other cases, fishermen and shipmasters will be
employees. In France and Spain, the self-employed in the fishing sector are generally also
the owners of their vessel. Commonly they own a small vessel where they work alone in it or
with one to three employees, usually doing small-scale fishing. In Spain, the self-employed in
the fishing sector commonly belong to the category called “trabajador autónomo”. It is the
more common category of self-employed and it refers to those workers managing their own
business (e.g. shop-owners, taxi drivers, etc.). However, they are differentiated from other
professions as there are part of a specific social security scheme. They can employ workers
as employees or other self-employed through a commercial contract.
3 Employment figures of the maritime fishing sector
Summary of main aspects of section 3
■ The data available is limited both in its scope, quality and reliability. This is particularly
the case for employment data.
■ The sources of information on the fishing sector are currently not sufficiently reliable.
The main source of data used is Eurostat.
■ Estimations are provided for the five selected countries regarding the number of
workers in the sector and the number of self-employed fishermen.
In this section, the available figures on key economic and employment trends in the sector at
EU level are presented. The data provided is limited both in its scope, quality and reliability.
This is particularly true for the employment data. The first subsection describes the main
limitations encountered; subsequently the available data are presented; and finally, a
10
The person has to work as in the activity where he declares to be self-employed at least 1225 hours. 11
HMRC, NIM35001 - Special Cases: Share fishermen: Definition of. Available at: http://www.hmrc.gov.uk/manuals/nimmanual/nim35001.htm 12
A vessel owner concludes an agreement with other self-employed fishermen; all members remain in a self-employed status but in case of debt every member is liable to the same extent.
Self-employed fishermen in the EU
8
comparison is provided between the EU data and that gathered for the five countries
selected for in-depth study.
3.1 Limitations of the data available
The data available at EU level, and also to some degree at the national level have a number
of limitations.
The main limitations are:
■ Eurostat publishes data such as total production, catches by fishing area, catches by
species. Employment data is provided as part of the Labour Force Survey (agriculture,
farming and fisheries). Data on the fishing sector is available upon request, but includes
a number of confidentiality flags, depending on the level of disaggregation. The most
recent data available is from 2014.
■ Eurostat data on total employment is only available for 15 countries and is missing for
BE, BG, CY, DK, HR, IE, LV and SI. As a result, the analysis provides an incomplete
picture of the size and nature of employment in the sector at EU level.
■ The analysis of Eurostat data reveals that there are also discrepancies in the data
collected for different years in the same Member State. For this study, figures from 2008
to 2014 were requested to Eurostat. In many cases an analysis of the data
inconsistencies show increases or decrease between 2008 and 2014 which are difficult
to explain. For example, in Finland the data reflect an increase of 152% since 2008 in
the number of workers in the sector and in Poland it was 109%. Such vast increases are
not justified according to the literature revised. In many cases, it is not possible to obtain
reliable findings regarding the evolution of employment figures in the sector.
■ Further analysis revealed the limitations of the data available on the sector. The
Scientific, Technical and Economic Committee for Fisheries (STECF)13
publishes each
year an Economic Report on the EU Fishing Fleet. This report provides a better
understanding of the EU fleet using economic, social and employment data. In 2015
report, STECF identified several limitations of the data used and considers that the data
submitted by eight Member States14
were incomplete or unreliable.
In recent years, the EU is making specific effort to improve the data on the sector. The
European Commission is leading the Data Collection Framework (DCF) based on Council
Regulation 1224/200915
. However, more still needs to be done to improve data on
employment in the sector in particular. As stated in the conclusion to this report, decision-
makers and stakeholders at EU level require of reliable data in order to make policies.
3.2 Key economic and employment figures in the fishing sector
This section presents an overview of the key economic and employment figures in the fishing
sector in the European Union between 2008 and 2014. It covers fleet size and capacity,
annual revenue and employment data.
Fleet size and capacity
The EU fishing fleet is characterised by great diversity with vessels up to and over 140
meters in length. In 2014, the total number of vessels registered in the EU fleet was 86,879,
with a combined gross tonnage (GT) of 1.6 million and engine power of 6.6 million kilowatts
13
The Committee provides advice to the European Commission when presenting proposals on fisheries management to the conservation and management of living aquatic resources, including biological, economic, environmental, social and technical considerations. 14
Bulgaria, Cyprus, Estonia, Ireland, France, Greece, Malta and Spain. Together, these eight Member States include 47% of all fishing vessels in the EU. https://stecf.jrc.ec.europa.eu/documents/43805/1034590/2015-07_STECF+15-07+-+AER+2015_JRCxxx.pdf 15
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1224&from=EN
Self-employed fishermen in the EU
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(kW).16
In 2013, the distribution of the vessels by size17
showed that 74% were small-scale,
26% were large-scale and less than 1% were distant-water vessels.18
Since 2012 the sea fishing sector has seen a reduction in the number of vessels of 7.8%
(and a reduction of1.6% in GT; and 5.4% in KW).
Greece (19% of total EU fleet), Italy (17%) and Spain (13%) make up almost 50% of the total
EU sea fishing fleet followed by Portugal (10%), the UK (8%) and France (7%). x Six
countries (France, Greece, Italy, Portugal, Spain and UK) make up around 70% of the total
EU sea fishing fleet.
Fleets with the largest share of vessels over 24 metres19
were registered in Belgium (44%),
Lithuania (28%), the Netherlands (20%) and Latvia (16%). Smaller fishing vessels (under
12m) were more prevalent in Romania (98%) and Finland (97%), Bulgaria (96%), Cyprus
(96%), Greece (94%) and Estonia (94%). Across the Member States making up the largest
share of the EU fishing fleet, large vessels above 24 metres were more prevalent in Spain
(8%), whereas small vessels predominated in Greece (94%).
Table 3.1 Number and length of vessels by Member State (2012), shares of vessels of different size categories as part of total fleet, by share of total EU fleet
Member States Total number
of vessels Share of total
EU fleet Share of small vessels (<12m)
Share of medium
vessels (12-24m)
Share of large vessels (›24m)
Belgium 86 0% 1% 55% 44%
Bulgaria 1,192 1% 96% 3% 0%
Croatia 4,236 5% 85% 12% 3%
Cyprus 1,382 2% 96% 4% 1%
Denmark 2,052 2% 78% 18% 3%
Estonia 923 1% 94% 2% 4%
Finland 3,359 4% 97% 2% 1%
France 5,830 7% 84% 13% 3%
Germany 1,564 2% 80% 17% 3%
Greece 16,063 19% 94% 4% 1%
Italy 14,443 17% 70% 27% 3%
Ireland 2,203 3% 86% 9% 5%
16
Report from the Commission to the European Parliament and the Council on Member States efforts during 2013 to achieve a sustainable balance between fishing capacity and fishing opportunities, 2015. http://eur-lex.europa.eu/resource.html?uri=cellar:bdd50752-8864-11e5-b8b7-01aa75ed71a1.0003.03/DOC_1&format=HTML&lang=EN&parentUrn=COM:2015:563:FIN 17
There is no shared European definition for each category of vessels, however the next ones are generally used:
- Small-scale vessel: fishing carried out by fishing vessels of an overall length of less than 12 metres and not using towed gear. A broader definition of small scale fisheries would need to encompass, in addition to vessel size attributes such as vessel length, variables relating to local operational range, social role in coastal communities and the economics of the enterprise.
- Large-scale vessel: those not define as small-scale vessels.
- Distant-water vessel: The main characteristic of these vessels is that they develop their activity in any of FAO’s major fishing areas (http://www.fao.org/fishery/area/search/en) other than those adjacent to the flag State.
18 Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2015 Annual Economic Report on
the EU fishing Fleet (STECF 15-07), 2015. 19
Based on the data available the vessel sizes have been grouped into three categories: small vessels (below 12 meters), medium vessels (between 12 and 24 meters) and large vessels (24 meters and over).
Self-employed fishermen in the EU
10
Latvia 279 0% 80% 4% 16%
Lithuania 151 0% 70% 2% 28%
Malta 1,060 1% 92% 7% 1%
Netherlands 740 1% 49% 30% 20%
Poland 806 1% 75% 19% 6%
Portugal 8,398 10% 91% 7% 2%
Romania 261 0% 98% 1% 1%
Slovenia 181 0% 87% 13% 1%
Spain 10,544 13% 73% 19% 8%
Sweden 1,322 2% 85% 11% 3%
United Kingdom 6,413 8% 85% 12% 4%
Total 83,478 100% 84% 13% 4%
Source: ICF calculations based on DCF20
data as reported in Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2014 Annual Economic Report on the EU fishing Fleet (STECF 14-16), 2014.
Annual revenue
In 2012, the EU fishing fleet generated more €6,940 million in revenue, Revenues include
income from landings (€6,848 million) and other income (€92 million). The highest revenue
was generated by the Spanish fleet (over €1,907 million) followed by France (€1,079.7
million), the United Kingdom (€971.9 million) and Italy (€932.6 million).
The revenues differ largely depending on the type of fishing activity. Small-scale fishing
represents 15% of the gross value added; large-scale fishing 73%; and distant-water fishing
12%21
.
Table 3.2 Total revenue by Member State (2012) by share of total EU revenue (million
€)
Member State Total revenue (€) Share of total EU revenue
Belgium 80.4 1%
Bulgaria 5.3 0%
Croatia 282.5 -
Cyprus 6.7 0%
Denmark 385.2 6%
Estonia 14.0 0%
Finland 43.2 1%
France 1,079.7 15%
Germany 150.8 2%
Italy 932.6 13%
Ireland 306.0 4%
Latvia 24.7 0%
Lithuania 43.3 1%
20
The Data Collection Framework (DCF) was established under Council Regulation (EC) No 199/2008 to collect data in order to support scientific advice regarding the Common Fisheries Policy. For information on the DCF, see http://ec.europa.eu/fisheries/cfp/fishing_rules/data_collection/index_en.htm 21
Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2015 Annual Economic Report on the EU fishing Fleet (STECF 15-07), 2015.
Self-employed fishermen in the EU
11
Malta 13.1 0%
Netherlands 364.3 5%
Poland 55.5 1%
Portugal 449.5 6%
Romania 0.9 0%
Slovenia 2.3 0%
Spain 1,907.8 27%
Sweden 129.8 2%
United Kingdom 971.9 14%
Total22
6,966 100%
Source: ICF calculations based on DCF data as reported in Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2014 Annual Economic Report on the EU fishing Fleet (STECF 14-16), 2014.
Total employment rates based on EU-LFS
Eurostat employment data is published as part of the Labour Force Survey (EU-LFS)
(agriculture, farming and fisheries). Data on the fishing sector (level 3 NACE) is available
upon request, but includes a number of confidentiality flags, depending on the level of
disaggregation. In addition, incomplete time series data - as a result of either the non-
submission of data or questionable data - make it difficult to provide an accurate picture of
the employment trends in the fishing sector at EU level.
The most recent data available is from 2014. This also includes information on self-
employment, full-time and part-time employment and employment by skill level and
nationality. However, total employment data is only available for 15 countries (see Table 1.3
below) and is missing for BE, BG, CY, DK, HR, IE, LV, SI, thus providing only an incomplete
picture of the size and nature of employment in the sector.
In general, an analysis of the available data shows a decline in the total number of
individuals employed in the EU fishing sector. Including all EU Member States, the European
Commission estimates that there were 149,195 fishermen in 2013, corresponding to
110,09623
FTEs24
. According to EU-LFS data, there were 84,255 fishermen employed in the
15 Member States for which data were available (compared to 94,099 in 2008). The main
proportional losses occurred in Spain and Portugal, with 13,806 and 5,712 jobs lost
respectively. The largest proportional increase occurred in Finland with an increase of 152%
over the period 2008-2014.
The overall reduction in employment may be explained by
■ an overall decline in fish stocks and quota limitations (bearing in mind seasonal and
annual fluctuations;
■ an increase in business costs;
■ staff shortages that occurred in line with a decline in the attractiveness of the sector.
However, employment trends in the sector largely depend on the region and the size and
nature of existing fleets (e.g. small vs. large scale).
22
Excludes Croatia, which joined the European Union as a Member State on 1 July 2013. 23
Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2015 Annual Economic Report on the EU fishing Fleet (STECF 15-07), 2015. https://stecf.jrc.ec.europa.eu/documents/43805/1034590/2015-07_STECF+15-07+-+AER+2015_JRCxxx.pdf 24
Full Time Equivalents: unit that measures the workload for a full-time worker.
Self-employed fishermen in the EU
12
Table 3.3 Total employment25
in the fishing sector26
in the period 2008 – 2014
Member State 2008 2014 2008-2014 Change
Estonia 790 183 -76.8%
Finland 323 813 152.1%
France 7,706 997 -87.1%
Germany 4,564 2,380 -47.9%
Greece 11,102 9,155 -17.5%
Italy - 18,155 -
Lithuania 2,616 421 -83.9%
Malta 249 123 -50.9%
Netherlands 3,844 1,719 -55.3%
Poland 1,666 3,478 108.7%
Portugal 16,680 10,969 -34.2%
Romania 1,214 945 -22.2%
Spain 41,626 27,820 -33.2%
Sweden 1,718 1,606 -6.6%
United Kingdom - 9,478 -
Total 94,099 84,255 -10.5%
Source: ICF calculations based on Eurostat, EU-LFS.
Number of self-employed based on EU-LFS data
It is challenging to determine the share of self-employment in the sea fishing sector (NACE
sector 31) in the EU. Although information on the share of self-employed (with or without
employees) is available from the EU-LFS, the precise national definitions underpinning this
data are not always clear and data is not readily available for each country. It is thus
important to note that the level of self-employment in the sector according to the EU-LFS
varies from other estimates, including national data, due to different data collection methods,
reference periods, variables and/or definitions.
The tables below present information on the share of different types of self-employment,
excluding the countries for which no data were available. The lack of reliability of data makes
it difficult to provide a clear picture of the overall numbers of self-employed. In 2014, the total
number of self-employed (with and without employees) in the fishing sector was 41,261
compared to 36,930 in 2008. The share of self-employment in 2014 was largest in Spain
(8,358), Greece (8,304) and Italy (7,759). The Spanish fishing sector suffered the largest
proportional decrease in the number of self-employed, with a reduction by 46% since 2008.
Table 3.4 Self-employment in the fishing sector in 2008
Member State Self-employed with employees
Self-employed without employees
Estonia - 417
25
Total employment includes employees, family workers, self-employed with employees and self-employed without employees. 26
For the purpose of this study the sea fisheries sector is defined in terms of the Statistical Classification of Economic Activities in the European Community (NACE). More specifically, the sea fisheries sector is defined as encompassing NACE (Rev.2) 03.1-Fishing.
Self-employed fishermen in the EU
13
Member State Self-employed with employees
Self-employed without employees
Finland - 323
France 683 -
Germany 837 1,194
Greece 775 7,079
Malta 48 201
Poland - 925
Portugal 1,957 4,529
Spain 5,240 10,409
Sweden 110 1,349
Total 9,650 27,281
Total in % 26.1% 73.9%
Source: ICF calculations based on Eurostat, EU-LFS.
Table 3.5 Self-employment in the fishing sector in 2014
Member State Self-employed with employees
Self-employed without employees
Croatia - 1,129
Finland - 518
France 1,283 1,934
Germany 725 -
Greece 1,351 6,953
Italy 2,468 5,291
Malta - 122
Netherlands 664 654
Poland - 643
Portugal 1,022 2,018
Romania - 385
Spain 3,735 4,623
Sweden 137 1,201
United Kingdom 1,568 2,834
Total 12,954 28,307
Total in % 31.4% 68.6%
Source: ICF calculations based on Eurostat, EU-LFS
However, as mentioned before, the data from 2008 and 2014 cannot be compared as they
not showing similar realities. Some country figures are not available in both years. In some
cases, data is not available for both years for instance.
DCF estimations on employment
As mentioned above, the European Commission is promoting an initiative within the Data
Collection Framework (DCF) to gather more reliable and systematic data on the fishing
sector. This data is presented below:
Self-employed fishermen in the EU
14
Table 3.6 Total employment in the fishing sector and by fishing activity in 2014
Member State Total employment 2014 Fishing activity 2014
Small-scale Large-scale
Belgium 355 Not available27
336
Bulgaria 895 703 133
Croatia 4,872 1,869 2,720
Cyprus - 1,205 (2012) 85 (2012)
Denmark 1,489 362 (2013) 1.127 (2013)
Estonia 2,046 2,100 180
Finland 1,817 1,674 148
France 10,262 4,048 (2013) 5,802 (2013)
Germany 1,647 763 875
Greece 24,486 20,642 5,330
Ireland 3,169 1,210 1,916
Italy 26,758 13,360 13,683
Latvia 680 367 339
Lithuania 763 134 258
Malta 389 165 177
Netherlands 2,123 368 1,696
Poland 2,430 1,390 903
Portugal 17,875 9,612 7,647
Romania 304 271 52
Slovenia 107 79 36
Spain 33,129 3,945 16,333
Sweden 1,577 902 641
United Kingdom 12,022 5,578 6,260
Total 73,949 65,132 59,662
Source: Based in DCF data as reported in Scientific, Technical and Economic Committee for Fisheries (STECF) - The 2015 Annual Economic Report on the EU fishing Fleet (STECF 15-07), 2015.
28
3.3 Working arrangements in the fishing sector in the five Member States analysed in depth
3.3.1 Employment rates based on the five in-depth country studies
Due to different sectoral definitions and data collection methods, the availability, accuracy
and validity of national sources, data on employment at national level differs significantly
across the selected Member States. This means that it is neither possible to provide a clear
picture of employment levels in the sector nor to compare data across countries and/or with
EU level data. However, based on the available data an overall decrease in employment can
be observed in the selected Member States.
In Denmark, 1,875 commercial fishermen worked in the fishing sector in 2013. Of the 1,875
fishermen, 1,042 were self-employed, 825 were employees and 8 were assisting spouses.
27
Data is not provided. 28
https://stecf.jrc.ec.europa.eu/documents/43805/1034590/2015-07_STECF+15-07+-+AER+2015_JRCxxx.pdf
Self-employed fishermen in the EU
15
The number of commercial fishermen reduced by 18% in the 2008-2014 period (from 2,211
to 1,875).29
In 2014, a total of 16,658 persons30
were working in the French fishing sector. More than
half of the fishermen (55% - 9,219) were active in small-scale fishing. The number of
fishermen registered as doing coastal fishing represented 17% (2,835) of the total number of
active fishermen, those doing middle-water fishing31
represented 20% (3,415) and those
dedicating to distant water fishing represented 7% (1,189) of total32
. No figures were
available on the proportion of fishermen working as employee and self-employed. However,
interviewees indicated that the large majority of the fishermen working in small-scale fishing
and coastal fishing are self-employed, which means that a little less than half of French
fishermen are self-employed.
According to the Dutch Maritime Cluster, 2,065 persons worked in the maritime fishing
sector in 2014 compared to 2,263 in 2013. From information gathered through interviews
with key stakeholders, it is estimated that approximately half of the persons working in the
sector are working in small scale fishing on a self-employed basis (this would account to
approx. 1,000 self-employed).
In 2014, 34,170 workers were employed in the Spanish maritime fishing sector33
. Around
17% (less than 6,000) of them are women. The data available for 2012 provides the
following distribution by type of working arrangements34
:
■ Employee: 72.0%
■ Employer with employees: 7.4%
■ Self-employed or employer without employees: 19.2%
■ Worker supporting a family business: 0.6%
■ Member of a fishing cooperative: 0.7%.
This data includes fishing activities and aquaculture, and as a consequence, some
categories may be overrepresented.35
Most self-employed are located within the last three
categories36
, representing around 20%-25%. This would mean that, assuming a similar
distribution by working arrangements, that there were around 7,000-8,750 self-employed in
2014. This estimation reflects a similar picture than that provided by Eurostat data (self-
employed with and without employees: 8,358).
There were an estimated 11,845 fishermen in the United Kingdom in 2014, down 12%
since 2004. It is estimated that approximately 80% of fishermen in the UK are share
fishermen37
.
29
http://webfd.fd.dk/stat/Faste%20tabeller/Beskaeftigelse/alderp3.html 30
Observatoire prospectif des métiers et des qualifications de la pêche, note n°2015/01. Les données proviennent du fichier de la Direction des Affaires Maritimes
http://www.spppcm.fr/bases/pdf/fichier-action/52/EMPLOI2014.pdf 31
The concept of ‘middle-water fishing’ was suggested by interviewees as the proper way of translating ‘pêche hauturière’. 32
Observatoire prospectif des métiers et des qualifications de la pêche, note n°2015/01. http://www.spppcm.fr/bases/pdf/fichier-action/52/EMPLOI2014.pdf 33
http://www.magrama.gob.es/es/estadistica/temas/estadisticas-pesqueras/2014_principales-resultados_encuesta-economica-pm_tcm7-403845.pdf 34
Sector Pesquero. Análisis de la situación de la salud laboral. National Institute of Safety and Health at the Workplace. 35
Aquaculture activities are generally more family based and self-employment is very common. 36
Apart from the category of ‘self-employed or employer without employees’, self-employed are represented in the categories ‘workers supporting a family business’; and ‘member of a fishing cooperative’. 37
Interview with Derek Cardno, Marine Safety & Training Officer, Scottish Fishermen's Federation. A share fisherman is someone who is not employed under a contract of service; works in the fishing industry; is master or a crew-member of a British fishing boat manned by more than one person; or used to work on a British fishing
Self-employed fishermen in the EU
16
Comparative table on the figures obtained from the different sources available
The data on total employment gathered from the EU-LFS, DCF and the country studies for
the five selected Member States is presented below. There are some differences in the data,
however in most cases it provides a relatively comparable picture.
Table 3.7 Total employment in the fishing sector in 2014 according to different
sources
Member State EU-LFS DCF Country study
Denmark No data available 1,489 1,875 (2013)
France 99738
10,262 16,658
Netherlands 1,719 2,123 2,065
Spain 27,820 33,129 34,170
United Kingdom 9,478 12,022 11,845
Source: ICF calculations based on Eurostat, EU-LFS; DCF data; and Country studies.
For self-employment it is more difficult to find data. The DCF for example has not published
data on self-employed in the sector. For the sake of comparison, the following table shows
the number of fishermen working in small-scale fishing as it generally involves a majority of
self-employed. EU-LFS data is less accurate when providing data on self-employed in
NACE-31. Finally, the country studies have encountered difficulties in identifying robust data.
However, estimations are provided based on the available literature or the views of national
social partner organisations consulted.
The discrepancies in the figures reveal the challenges ahead to developing a database that
can reflect the reality of the sector. A reliable system to measure the number of self-
employed is not still in place.
Table 3.8 Total self-employment in the fishing sector in 2014 according to different
sources
Member State EU-LFS DCF - Small scale fishing Country study
Denmark Not available 362 (2013) 1,042
France 3,217 4,048 (2013) 9,000
Netherlands 1,318 368 1,000
Spain 8,358 3,945 7,000-8,750
United Kingdom 4,402 5,578 9,500
Source: ICF calculations based on Eurostat, EU-LFS; DCF data; and Country studies.
3.3.2 Comparative overview of working arrangements in the sector in the selected countries
With reference to the experience of the five countries studied for this report, four main
specificities can be distinguished in terms of working arrangements in the fishing sector. As a
preliminary remark, one can notice that the situations are quite different in the countries
studied.
As mentioned, only in one country – Denmark – are there no legally self-employed
fishermen. The collective agreement between the unions and the employer’s organisation 39
boat but is now too old or infirm and is working ashore in Great Britain making and mending gear or doing any other work for a British fishing boat; and, gets all or part of their pay by sharing the profits or gross earnings of the fishing boat. 38
Data is not sufficiently reliable. 39
http://fiskeriforening.dk/wp-content/uploads/2014/10/Overenskomst-for-fiskere-2014-2017.pdf
Self-employed fishermen in the EU
17
details terms of employment and working conditions. Standard contracts cover terms and
conditions and salaries. Standard employment contracts are generally used, part-time
employment is occasionally used, and fixed-term contracts, self-employment and freelance
work, or any other forms of contracts are not used. Another specificity in Denmark is that
fishermen work on a ‘Trip by trip basis’, accumulating individual trips (usually for the same
employer). In between fishing trips there is no contractual relationship.
On the other hand, in the UK majority of the fishermen are share fishermen, i.e. paid by a
share of the catch proceeds. They are free to move to another vessel if the boat they
normally work on is not operating for some reason. Share fishermen are essentially self-
employed. Furthermore, the captain of the fishing vessel is usually a skipper/owner and
therefore generally is self-employed, though this is not always the case as there are some
companies operating with multiple vessels. The UK is also the only country in the sample
which has different types of contracts according to the characteristics of the
fishermen. Indeed, standard employment contracts are only used for non-EU nationals on
transit visas, and fixed-term contracts and part-time contracts are very rarely used.
Fishermen who are UK nationals are mostly self-employed (share fishermen).
For the three other countries studies – Netherlands, France and Spain – the status of
self-employed or employee for a fisherman mainly depends on the type of fishing
being done. Self-employed fishermen are often found in small-scale fishing or artisanal
fishing in those countries even though the share of self-employed varies. In Spain the
majority of fishermen are employees but around 52% of fishermen in artisanal fishing are
self-employed40
. In France the majority of fishermen in artisanal fishing are self-employed
and in the Netherlands, fishermen working within the small-scale and cutter fisheries are
almost exclusively self-employed.
In the Netherlands, self-employed and employed fishermen are strictly divided in two
categories and they do not normally work together on board vessels. Employees can be
found only in pelagic freezer-trawler fisheries as well as in the mussel and oyster fisheries
(depending on the size of the company). Every employee working on board a vessel has a
written contract of employment for the maritime sector – a so called maritime employment
agreement: this could be a standard employment contract, fixed-term or part-time contract,
or even a temporary contract in cases where replacement staff are needed. On the other
hand, in the small scale and cutter fisheries fishermen work as self-employed in a written
partnership agreement (maatschap) specific to the fishing sector. Each person forming part
of such a company remains self-employed. In general, it is unusual that a partnership
engages an employee. The benefits of the catch are shared among all members depending
on the split as set out under the partnership agreement.
As in the Netherlands, France has also implemented specific contracts for the fishing
sector but only for employees: the seafarers' employment agreement (“contrat
d’engagement maritime”). This contract can be open ended, fixed term or part-time – “contrat
d’engagement maritime à la marée”)41
. There are no temporary contracts in the fishing
sector because the conditions of application of temporary work are those of the common law.
It thus does not fit the fishing sector as because of the specific working conditions, there is a
specific and unique contract for fishermen, i.e. the seafarer’s employment agreement. In
Spain, standard employment contracts are used for employed fishermen.
Finally, in these three countries, employed fishermen mainly work on open-ended contracts,
with fixed-term and part-time employment being rare, although part-time employment has
been increasing in France and the Netherlands in recent years.
40
41
Article L5542-1 of the Transport Code
Self-employed fishermen in the EU
18
4 Analysis of the acquis communautaire
Summary of main aspects of section 4
■ Key EU regulations dealing with working conditions, social security and health and
safety were identify. EU legislation remains unclear on the inclusion of self-employed in
the main pieces of EU social law. Most of this legislation only targets employees and
workers and excludes the self-employed, unless a Member State has opted to include
them.
■ One of the areas where most progress could be expected is the field of occupational
health and safety.
■ The European Commission adopted recently a proposal for a Directive to improve the
working conditions for workers in the fishing sector.
The analysis in this section provides a review of key EU regulations dealing with working
conditions, social security and health and safety. This review identifies a list of those
regulations that are linked to self-employment or to the fishing sector. In order to limit the
analysis to the most relevant regulations, several criteria have been used to select those
documents to analyse:
– Binding EU legislative instruments in relation to social law.
– Relevance to the three main topics analysed: working conditions, social security and
health and safety. The documents selected include general frameworks but also
more sector specific legislation.
– Relation to the fishing sector or to other specific sectors sharing similar
characteristics.
A brief analysis is provided at the end of the section summarising the key findings and
limitations of the review of the acquis communautaire.
4.1 Working conditions
Several EU norms focus on working conditions and are relevant to the study. They are
generally not focusing on self-employment but could be affecting it. The regulations or
proposals of regulation analysed are the following:
– Directive 91/533/EEC on an employer’s obligation to inform employees of the
conditions applicable to the contract or employment relationship
– Directive 1999/63/EC on working time of seafarers
– Directive 2003/88/EC concerning certain aspects of the organisation of Working Time
– Directive Council Directive 99/70/EC Fixed-term work Directive
– Proposal for a Directive to improve the working conditions for workers in the fishing
sector
4.1.1.1 Individual Employment Conditions
Directive 91/533/EEC on an employer’s obligation to inform employees of the conditions
applicable to the contract or employment relationship was adopted on 14 October 1991. Its
purpose is to ensure that employees are informed in due time of the essential conditions
relating to their employment. As mentioned in the memorandum of the Directive, this aim
was particularly important in the context of an increasing number of types of different
employment relationships. As a result, this Directive aims at ensuring that any employment
relationship in the Member State needs to meet some basic requirements. This constitutes a
Self-employed fishermen in the EU
19
form of proof of the main terms of the employment relationship as agreed at the beginning by
the employer and the employee.
Directive 91/533/EEC provides under its Article 2.1 an exhaustive list of what are considered
as essential (minimum) aspects of the contract. Thus, the following information must be
mentioned in any employment contract:
– identity of the parties;
– place of work;
– title, grade, nature or category of work or brief job specification;
– date of commencement of contract or employment relationship;
– in the case of a temporary contract or employment relationship, its expected
duration;
– amount of paid leave or procedures for allocating and determining such leave;
– periods of notice to be observed by the employer and the employee should their
contract or employment relationship be terminated or, where this cannot be
indicated, method for determining such periods of notice;
– basic amount, and other components of remuneration and frequency of payment;
– employee's normal working hours and
– any relevant collective agreements.
This information may be provided by different means including in a written contract, a letter
of appointment or one of more other documents. In the case when these documents are
lacking, a written statement signed by the employer is considered sufficient. This information
must be transmitted to the employee no later than two months after the start date of the
employment contract or relationship.
This Directive applies to every paid employee having a contract or employment relationship
according to the national legislation applicable in the Member States. However, the Directive
provides for the possibility for Member States to derogate from is provisions. This concerns
only two situations namely when a contract or employment relationship has a limited duration
not exceeding one month or when within a working week this duration does not exceed eight
hours. The second situation relates to the conclusion of contract of a casual and/or specific
nature where the non-application of the principles provided by the Directive is justified by
objective considerations.
The Directive furthermore sets out a minimum list of information that must be additionally
provided to ‘expatriate’ employees ahead of their departure. The ‘expatriate’ employees is
understood as an employee that works in another Member States as the Member State of
origin governing the terms and conditions of employment. Under Article 4.1 it is specified that
each expatriate employee should be informed about:
– duration of employment abroad
– currency to be used for the payment of remuneration
– where appropriate the benefits in cash or in kind attendant on the employment
abroad
– where appropriate the conditions governing the employee’s repatriation
In addition, under Article 5 the Directive regulates that employers need to notify employees
in writing of any modifications of information provided under Article 2.1 and 4.1. Notification
should be provided to employees no later than one month after entry into force of the change
in question. This article does not further determine any specific procedural aspects of
modifications neither it requires the consent of the employee. The Directive generally obliges
Self-employed fishermen in the EU
20
Member States to set out only that modifications are notified in writing and determine a
timeframe when the modification should be sent to the employee.
Finally, the Directive leaves discretion to the Member States with regard to form and proof of
the employment relationship. This will be defined under national law but there should be a
determined contract form, proof of existence and content of the contract and relevant
procedural rules so that employees could defend their rights if necessary.
This Directive does not cover the self-employed, unless individual Member States determine
that it should be used as a reference for such employment relationships.
4.1.1.2 Directive on working time of seafarers
In September 1998, a European agreement on the organisation of working time of seafarers
was concluded by European social partners namely the Federation of Transport Workers'
Unions in the European Union (FST) and European Community Shipowners' Association
(ECSA). This Agreement was then implemented via a Council Directive and gave rise to
Directive 1999/63/EC of 21 June 199942
. In 2009, Directive 2009/13/EC of 16 February
2009 amended Directive 1999/63/EC and brought some clarification concerning the scope of
the Directive43
. Prior to this, the Directive mentioned that it applied to all seafarers on board
all seagoing vessels registered in the territory of a Member State, whether publicly or
privately owned, which is ordinarily engaged in commercial maritime operations. Therefore,
the question relating to the inclusion of fishermen in the scope of this Directive was left open
for interpretation. Directive 2009/13/EC clarified this point by adding that:
“Except as expressly provided otherwise, this Agreement applies to all ships whether
publicly or privately owned, ordinarily engaged in commercial activities, other than
ships engaged in fishing or in similar pursuits and ships of traditional build such
as dhows and junks. This Agreement does not apply to warships or naval auxiliaries.”
Hours of work
The normal working hours recommended by the Directive are eight hours per day with one
day of rest per week and rest on public holidays. Maximum working time and minimum rest
periods for seafarers are also set in the Directive. They are as follows:
– Maximum hours of work must not exceed:
○ 14 hours in any 24-hour period; and
○ 72 hours in any seven-day period;
– Minimum hours of rest must not be less than:
○ 10 hours in any 24-hour period; and
○ 77 hours in any seven-day period.
The seafarers’ hours of rest may be divided into a maximum of two periods, one of which
must be at least six hours. The interval between consecutive periods of rest must not exceed
14 hours.
The specific nature of the work on board vessels is also taken into account as any
disturbance such as musters and drills must be carried out in a way that minimises the
disturbance of workers’ rest periods. Similarly, compensatory rest periods must be provided
if rest periods are disturbed.
42
Council Directive 1999/63/EC of 21 June 1999, as amended, concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST). 43
Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC.
Self-employed fishermen in the EU
21
Duties and responsibilities of the master of a ship regarding working time
The master of a ship must take all measures necessary to ensure that the conditions relating
to hours of work and rest are met. The master shall keep a record of the daily hours of work
and rest of seafarers. Furthermore, the national authorities may request the shipowner to
provide information on the watch keepers and night workers.
The master of a ship may require a seafarer to perform any hours of work necessary for the
immediate safety of the ship, persons on board or cargo, or for the purpose of giving
assistance to other ships or persons in distress at sea.
The master may also suspend the schedule of hours of work or hours of rest until the normal
situation has been restored. As soon as practicable after the normal situation has been
restored, the master must organise adequate periods of rest.
Compliance with hours of work
The manning levels of a ship must be determined in order to avoid or minimise excessive
hours of work and to ensure sufficient rest. The shipowner must ensure that the master of
the ship has the necessary staff and resources.
All necessary measures must be taken to ensure compliance with the hours of work and
rest, including the revision of manning levels of a vessel. Vessels must have a team with the
sufficient number of personnel and skills required to ensure safety.
Age of workers
The minimum age to work on board vessels is 16 years old. Specific conditions exist to
protect the health and safety of younger workers. Indeed, seafarers under the age of 18 are
not permitted to work at night. Similarly, seafarer under the age of 18 cannot be recruited if
the work that needs to be performed is likely to compromise their health and safety.
4.1.1.3 The Working Time Directive
The Working Time Directive (WTD)44
sets basic provisions to regulate working time in
relation to rest periods, maximum weekly working time and protection of night workers (see
Figure 4.1 below). The WTD aims at covering all workers45
in most of the sectors of activity
in the public and private sector, with the exception of a number of areas particularly in the
transport sector. In terms of its scope, the Directive does not apply to self-employed workers.
Figure 4.1 The main provisions of the WTD
44
Directive 2003/88/EC concerning certain aspects of the organisation of Working Time 45
The legal text of the WTD uses the word ‘workers’.
Self-employed fishermen in the EU
22
Source: ICF International
The Directive contains the following key provision:
– The WTD was adopted in 2003 after the approval of the Directive 1999/63/EC
concerning the Agreement on the organisation of working time of seafarers which
was later amended by Directive 2009/13/EC. As a result, specific provisions on
working time of seafarers are mentioned in Directive 2009/13/EC but do not concern
fishermen specifically. Therefore, the WTD provides specific information in relation to
working time of fishermen.
Workers on board seagoing fishing vessels
In the WTD, a special article (Article 21) is dedicated to workers on board seagoing fishing
vessels flying the flag of a Member State. .
First, the general provisions of the WTD on the following topics do not apply to any worker
on board a seagoing fishing vessel flying the flag of a Member State:
– Article 3: minimum daily rest of 11 consecutive hours per 24-hour period.
– Article 4: a break must be given to every worker whose working day is longer than six
hours
– Article 5: minimum uninterrupted rest period of 24 hours plus the 11 hours' daily rest
– Article 6: maximum weekly working time
– Article 8: A maximum of eight hours of night work in any 24-hour period;
Member States shall, however, take the necessary measures to ensure that any worker on
board a seagoing fishing vessel flying the flag of a Member State is entitled to adequate rest
and to limit the number of hours of work to 48 hours a week on average calculated over a
reference period not exceeding 12 months.
The WTD also requires Member States to take the appropriate measures regarding working
time of fishermen to protect their health and safety. Indeed, Member States are required to
set a maximum number of working hours and rest hours in the law, regulations,
administrative provisions or by collective agreements or agreements between the two sides
of the industry. The same limits than the ones provided in Directive 1999/63/EC apply.
However, the WTD allows Member States to set some exceptions to the maximum working
hours and minimum rest. These exceptions should respect the principles of the protection of
the health and safety of workers and should be justified by objective or technical reasons or
reasons concerning the organisation of work.
Therefore, reference periods can be established by Member States providing that
fishermen’s working hours cannot exceed 48 hours a week calculated over a reference
period not exceeding 12 months. The Directive also mentions that this exception may take
account of more frequent or longer leave periods or the granting of compensatory leave for
workers.
Specific provisions are also increased regarding the master of a seagoing fishing vessel.
Indeed, the master of a seagoing fishing vessel has the right to require workers on board to
perform any hours of work necessary for the immediate safety of the vessel, persons on
board or cargo, or for the purpose of giving assistance to other vessels or persons in distress
at sea.
Annual leave of fishermen is also covered by the WTD. This specifies that in a case where
seagoing fishing vessels are not allowed to operate in a specific period of the calendar year
exceeding one month, workers on board of those vessels must take their annual leave
during this period.
Self-employed fishermen in the EU
23
In a nutshell, the WTD includes the principles already set down in the Directive on working
time of seafarers.
Share fishermen
The situation of annual leave of share-fishermen46
is also mentioned in the WTD. It states
that Member States determine the conditions for entitlement to, and granting of, annual
leave, including the arrangements for payments of share-fishermen who are employees.
A Communication on the review of the provisions with regard to workers on fishing vessels in
the WTD47
reflects on national regulations considering share fishermen as employees (such
as in France or Spain) or self-employed (such as in the UK or Malta). In theory, the Directive
applies to those share fishermen considered as employees and not to those considered as
self-employed. The Communication argues that extending the scope of the current working
time regulation to self-employed fishermen could help improve the situation by not making
these distinctions.
4.1.1.4 Fixed-term work Directive
The Fixed-term work Directive (Council Directive 99/70/EC48
) has its origin in the
European social partners Framework Agreement on fixed-term work concluded by ETUC,
UNICE (now BusinessEurope) and CEEP adopted in 1999. At the joint request of the
European social partners, this Agreement was implemented by a Council Decision on a
proposal from the Commission, in accordance with Article 155 of the Treaty on the
Functioning of the European Union (TFEU).
The Directive sets minimum requirements to improve the quality of fixed-term work by
ensuring the application of the principle of non-discrimination and prevent abuse of use of
successive fixed-term employment contracts or relationships.
The Directive recognises that fixed-term contracts should be used as an exception as it
recognises open-ended contracts as the general form of employment relationships. Fixed-
term contracts must be used on the basis of objective reasons to prevent abuses. Similarly,
the Agreement provides that the abuse of using successive fixed-term contracts between the
same employer and employee needs to be prevented.
Member States are thus called on to lay down penalties for infringements of these
requirements. It stipulates special clauses to limit the administrative burdens which could
ensue for SMEs from the application of these new standards.
The Agreement applies to all fixed-term workers as defined by national law but some
exceptions exist:
– Those put at the disposal of a user enterprise by a temporary work agency;
– Initial vocational training relationships and apprenticeship schemes;
– Specific public or publicly-supported training, integration and vocational retraining
programmes.
4.2 Social security
EU regulations provide the framework by which an EU citizen, and therefore a fisherman,
can work in any other EU Member State. However, this can only be ensured if workers’
46
Share fishermen are generally those who obtain all or part of their pay by sharing the profits or gross earnings of the fishing boat. 47
European Commission Communication on Review of the operation of the provisions with regard to workers on board seagoing fishing vessels contained in Directive 2003/88/EC. http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52011DC0306 48
Council Directive 99/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP
Self-employed fishermen in the EU
24
rights are supported in this process and that the rights gained in one country are not lost
when moving abroad in order to support free movement of workers, which is a founding
principle of the European Union. To achieve this, the EU has supported coordination of
social security for more than 50 years49
.
Four main principles thus regulate the coordination of social security schemes in the EU50
:
■ EU citizens are covered by the legislation of one country at a time and the decision of
which legislation applies is taken by social security authorities.
■ Principles of equal treatment and non-discrimination apply and a person moving to
another Member States has the same rights and obligations as the nationals of the
country.
■ There is an aggregation of periods as when claiming a benefit, the previous period of
insurance, work or residence in other countries are taken into account if necessary.
■ Benefits are exportable and EU citizens are entitled to receive cash benefits from one
country while living in another under certain conditions.
The Regulation 883/2004 on the coordination of social security systems in EU Member
States sets up the different measures in line with the right of free movement of persons.
Although the study is not dealing specifically on this aspect, it is relevant to name this
regulation as the one that provides the legal framework for the coordination of social security
on the following aspects:
(a) sickness benefits;
(b) maternity and equivalent paternity benefits;
(c) invalidity benefits;
(d) old-age benefits;
(e) survivors' benefits;
(f) benefits in respect of accidents at work and occupational diseases;
(g) death grants;
(h) unemployment benefits;
(i) pre-retirement benefits;
(j) family benefits
4.3 Health and safety
In accordance with Article 153 TFEU, the European Union is responsible for supporting and
complementing the activities of the Member States with regard to the improvement of the
working environment to protect workers’ health and safety. In pursuance of this goal, the
European Framework Directive 89/391/EEC, sets out the general framework for health and
safety at work. The Directive elaborates under Article 6.1 and 6.2 that employers must -
within the context of their responsibilities - take the measures necessary for the safety and
health protection of workers by:
■ Implementing prevention measures ‘avoiding risks; evaluating risks that cannot be
avoided; combating risks at source; adapting the work to the individual, especially as
regards the design of work places, the choice of work equipment and the choice of
working and production methods, with a view, in particular, to alleviating monotonous
work and work at a predetermined work-rate and to reducing their effect on health’.
49
Freedom of movement for workers is laid down in Article 45 of the TFEU 50
http://ec.europa.eu/social/main.jsp?catId=26&langId=en
Self-employed fishermen in the EU
25
■ Furthermore, employers must ‘develop a coherent overall prevention policy which covers
technology, organization of work, working conditions, social relationships and the
influence of factors related to the working environment’.
In addition to the obligation for companies to put in place a risk assessment stemming from
this Directive, a Guidance on risk assessment at work51
was released in 1996 to help
Member States and the management and labour to undertake their duties relating to the risk
assessment procedure contained in Directive 89/391/EEC.
Directive 89/391/EEC also requires the employer to take appropriate measures so that
employers of workers from any outside undertakings and/or establishments engaged in work
in his undertaking and/or establishment receive, in accordance with national laws and/or
practices, adequate information concerning
■ The safety and health risks and protective and preventive measures and activities in
respect of both the undertaking and/or establishment in general and each type of
workstation and/or job;
■ The measures on first aid, fire-fighting and evacuation of workers, serious and imminent
danger
This directly concerns self-employed and self-employed fishermen as this means that in the
case where a self-employed person works in the same work space as other workers, the
self-employed must at least dispose of the same information of risks and benefit from the
same protective and preventive measures established by the national law.
This ‘Framework Directive’ also constitutes the basis for the elaboration of other, more
specific instruments in the area of health and safety at work. Several Directives adopted on
the basis of Directive are of relevance for this study:
Directive 89/656/EEC on the use of personal protective equipment52
The Directive ensures that the design and manufacture of personal protective equipment is
subject to essential health and safety requirements. This is also another key Directive which
helps building a framework for ensuring that workers and fishermen are adequately
protected against health and safety hazards at work.
Directive 93/103/EC concerning the minimum safety and health requirements for work
on board fishing vessels53
An important instrument at EU level is Directive 93/103/EC concerning the minimum safety
and health requirements for work on board fishing vessels. This Directive applies to all
existing fishing vessels of 18 or more metres and new fishing vessels over 15 metres and to
all persons working on board these vessels, including trainees and apprentices54
. It can be
assumed that self-employed fishermen are also included as the Directive
In terms of content, it sets out measures stipulating that owners should ensure that their
vessels are used without endangering the safety and health of workers55
. Regular checks
51
https://osha.europa.eu/en/topics/riskassessment/guidance.pdf 52
Council Directive 89/656/EEC of 30 November 1989 on the use of personal protective equipment; https://osha.europa.eu/en/legislation/directives/4 53
Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC); OJ L 307, 13.12.1993, p. 1–17; http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31993L0103
54 Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on
board fishing vessels 55
ILO (2004) Conditions of work in the fishing sector: A comprehensive standard (a Convention supplemented by a Recommendation) on work in the fishing sector
Self-employed fishermen in the EU
26
must also be carried out by Member State authorities to ensure compliance with the
Directive.
This Directive represents an important piece of legislation in relation to health and safety in
the fishing sector. Indeed, in view of its implementation, some Member States had to
introduce new provisions or amend existing ones.
The European sectoral social partner agreement concerning the implementation of the
Work in Fishing Convention, 2007 of the ILO
On 8 May 2012, the European social partners from the sea fishing sector adopted an
Agreement concerning the implementation of the 2007 Work in Fishing Convention of the
International Labour Organisation. This Agreement signed by Europêche and Cogeca on the
employer’s side and the European Transport Workers' Federation on the trade union side,
aimed at ensuring decent working conditions for fishermen. It was preceded by a phase of
negotiations which started at the end of 2009 in the framework of the European social
dialogue committee in the fisheries sector. This initiative from the social partners was
motivated by the fact that despite the numerous efforts from the Commission56
, only France
out of the 28 EU member States had ratified the 2007 ILO Work in Fishing Convention yet57
.
Two days after the adoption of the Agreement, the European social partners from the sea
fishing sector requested the Agreement to be implemented by Council decision as described
in Article 155 of the TFEU.
In terms of content, the Agreement aims at ensuring decent working conditions for
fishermen. This includes a wide range of aspects of working on board fishing vessels such
as conditions of service, accommodation and food, occupational safety and health protection
and medical care.
In terms of scope, according to the Agreement, the provisions apply to all fishermen working
in any capacity under a contract of employment or in an employment relationship, all other
fishermen who are present on the same vessel with them and all fishing vessels engaged in
commercial fishing. Vessels as understood by the Agreement are vessels of more than 24
metres in length but Member States may extend the scope of the Agreement to vessels of
less than 24 metres58
.
In April 2016, the European Commission adopted a proposal for a Directive to improve the
working conditions for workers in the fishing sector59
aimed at implementing this Agreement
in line with Article 155 of the TFEU60
. Following this procedure, the Council can either adopt
this proposal or reject it as it as it does not have the possibility to amend it. .
Directive 92/29/EEC concerning medical treatment on board vessels aims to ensure
improved medical treatment on board vessels
In addition, Directive 92/29/EEC concerning medical treatment on board vessels aims to
ensure improved medical treatment on board vessels setting out minimum requirements for
types and quantity of medical products and medical equipment to be carried on board. It
56
COM (2008) 320, Proposal for a Council Decision authorising Member States to ratify, in the interests of the European Community, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention No 188)
COM (2007) 591 final, Council Decision of 7 June 2010 authorising Member States to ratify, in the interests of the European Union, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention No 188) 57
Only Argentina, Bosnia and Herzegovina, Congo, Morocco, France and South Africa have ratified the Convention yet. See for more details: http://www.ilo.org/dyn/normlex/en/f?p=1000:11300:0::no:11300:p11300_instrument_id:312333 58
Article 2 of the Agreement 59
http://europa.eu/rapid/press-release_IP-16-1601_en.htm 60
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A12012E%2FTXT
Self-employed fishermen in the EU
27
applies to all vessels irrespective of length but differentiates in terms of the time spent at sea
and number of crew on board, as well as the distance travelled from shore. The
differentiation between categories of vessels has a significant impact on the type and
quantities of medical supplies that must be carried on board.
Vessels with more than 500 gross registered tonnage and at least 15 crew members should
have a sick-bay and vessels with a crew of 100 persons should have a doctor on board
responsible for medical care. The Directive allocates responsibilities for the replenishment of
medical equipment and management and determines minimum provision of information and
basic medical and emergency training. The provision and replenishment of the medical
supplies are to be undertaken on the responsibility and at the expense of the owner.
Responsibility for the management of the supplies lies with the captain. It should further be
made possible to have medical consultations via radio in order to ensure better emergency
medical treatment. Each Member State shall ensure that a competent person or authority
needs to carry out an annual inspection of the medical equipment carried on board.
Health and Safety in Fixed-Term and Temporary Employment
Directive 91/383/EEC on health and safety at work of fixed-term and temporary workers61
sets the principle that the same protection must be offered to fixed-term and temporary
workers than other workers in the company. The Directive applies to
– employment relationships governed by a fixed-duration contract of employment
concluded directly between the employer and the worker, where the end of the
contract is established by objective conditions such as: reaching a specific date,
completing a specific task or the occurrence of a specific event;
– temporary employment relationships between a temporary employment business
which is the employer and the worker, where the latter is assigned to work for and
under the control of an undertaking and/or establishment making use of his services.
The Directive requires that fixed-term and temporary workers must be provided with
information on the risks he faces at work before starting work, sufficient training and
protection and prevention services.
The Directive gives the option to Member States to restrict the use of these workers for
certain types of work which is particularly dangerous to their health and safety or that
requires special medical surveillance.
4.4 Key findings
As can be seen from the analysis of the existing acquis communautaire, EU legislation
remains unclear on the inclusion of self-employed in the main pieces of EU social law. Most
of this legislation only targets employees and workers (e.g. the Working Time Directive or
individual employment contracts) and excludes the self-employed, unless a Member State
has opted to include them.
One of the areas where most progress could be expected is the field of occupational health
and safety as the Council Recommendation of 18 February 2003 explicitly recommended
Member States to improve the protection of the health and safety at work of self-employed
workers. These recommendations leave Member States free to choose the type of measures
they deem the most appropriate to do so i.e. legislation, incentives, information campaigns
and encouragement of relevant stakeholders62
. The comparative analysis of the national
61
Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship 62
Council Recommendation of 18 February 2003 concerning the improvement of the protection of the health and safety at work of self-employed workers
Self-employed fishermen in the EU
28
legislative frameworks below aims to provide information on whether this has already been
done by some of the Member States covered in this report.
Recently, the European Commission adopted a proposal for a Directive to improve the
working conditions for workers in the fishing sector63
. This proposal is aimed at aligning EU
law with the "Work in Fishing" Convention 2007 of the International Labour Organisation64
.
The Convention does not mention explicitly self-employed among the target groups covered.
However, the definition of fishers65
used could be open to interpretation by national
regulations.
5 Comparative analysis of working conditions, social security and health and safety provisions for fishermen in five Member States
Summary of main aspects of section 5
■ The five Member States analysed use a different approach to regulating self-employment
in the sector. In fact, there is not a comparable model among the five countries analysed.
■ The way self-employment is regulated (and the specific form it takes) depends more on
national labour market traditions and the role and scope of self-employment fishing
activity.
■ The main differences in the working conditions between employees and self-employed
fishermen are more linked to the different types of fishing activities that both types of
workers develop.
■ Most countries analysed implement special social security schemes for fishermen
(covering both employed and self-employed).
■ For the majority of the countries studied, health and safety legislation equally apply to
employed and self-employed fishermen. Generally, the requirements are determined by
the type of vessels.
The section provides a comparative analysis of the five Member States selected. This
analysis is made on the basis of three issues:
■ Working conditions
■ Social security
■ Health and safety
As previously indicated, the in-depth analysis of the five Member States provided important
additional information on the scale of employment and self-employment and the regulation of
the aspects outlined above in the five Member States. However, due to the nature of self-
employed it was not always possible to collect comparable information and there is some
divergence in the level of detail available on the different Member States.
63
http://europa.eu/rapid/press-release_IP-16-1601_en.htm 64
http://www.ilo.org/global/industries-and-sectors/shipping-ports-fisheries-inland-waterways/WCMS_177280/lang--en/index.htm 65
(e) fisher means every person employed or engaged in any capacity or carrying out an occupation on board any fishing vessel, including persons working on board who are paid on the basis of a share of the catch but excluding pilots, naval personnel, other persons in the permanent service of a government, shore-based persons carrying out work aboard a fishing vessel and fisheries observers.
Self-employed fishermen in the EU
29
5.1 Working conditions
Given that there are a broad range of factors linked to working conditions in the sector, this
study focused on the analysis of a limited number of key issues: qualifications, working time
and basis for payment.
Qualifications to access the profession
One of the first elements to consider are any regulations regarding the qualifications required
to work in the fishing sector. With regard to this, similar rules are identified among all five
Member States.
In all of the countries studied, fishermen are required to obtain a qualification in order to
work in the maritime fishing sector and the same qualification requirements apply to the
self-employed and employees. The qualifications needed are linked to the duties to be
carried out, the size of the vessel and the type of fishing activities to be performed.
Working time
Member States apply rules on working time and resting periods. Detailed requirements
regarding working hours and rest periods are stipulated in national legislation and/or
collective agreements. In most cases, these are regulations or agreements focused on the
fishing activity while in other cases they are part of regulations for special working activities
(which include the fishing sector).
■ In the United Kingdom, the Netherlands and Denmark, as regards rest periods,
employed fishermen are required by law to have:
– At least a 10 hours rest within a 24 hour period of working. At least 6 hours are
required to be taken within one rest period.
– The 10 hour rest can as a maximum be organised within two rest periods. The
maximum time between two rest periods is 14 hours.
– In one working week the total rest time should amount to a minimum of 77 hours.
The total working hours in any given week cannot exceed 48 hours.
Relevant French legislation additionally sets an upper limit of the number of days a
fishermen is authorised to work per year, i.e. 225 days, with a derogation possible to go
up to 250 days66
.
■ In Spain, there is a national regulation on special working times which covers fishing
activities among others. This regulation establishes that fishermen must have a minimum
of six hours of rest between working days with a maximum of 14 hours between rest
periods. However, interviewees consulted underlined that it is difficult to calculate the
working time performed by self-employed fishermen. Indeed, self-employed fishermen
are generally working on their own vessels or in family-run businesses and thus tend to
work as many hours as required by the fishing activity.
■ In the United Kingdom, the working time regulations for the fishing industry are outlined
in the Fishing Vessels Regulations 2004 (SI 2004/1713)67
. However, the regulations do
not apply to the self-employed (including self-employed share fishermen) and therefore
this regulation has a limited application when one considers the high proportion of share
fishermen in the UK.
■ In the Netherlands the situation differs slightly, as although the regulation on working
time (Decree on Working time for the Transport sector - Arbeidstijdenbesluit vervoer)68
is
66
Article L.5544-7 of the Transport Code. 67
Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (Available at:
http://www.legislation.gov.uk/uksi/2004/1713/contents/made)
68 The Arbeidstijedenbesluit vervoer can be accessed at: http://wetten.overheid.nl/BWBR0009386/2015-03-
02#Hoofdstuk6A
Self-employed fishermen in the EU
30
in principle only applicable to workers, sector representatives (from the cutter fisheries)
indicate that the rules tend to be equally respected for self-employed individuals on
board cutter vessels (where mainly self-employed work). However, it may be challenging
to respect the working time rules on daily rest (10 hours of which 6 hours must be
uninterrupted), due to the specific organisation of the fisheries cycles of cutter fishing. .
■ On the other hand in France, the same conditions apply in practice to self-employed and
employees regarding their working time and the paid leave. The only difference between
these two categories is that for employed fishermen, working time is defined in the
seafarers' employment agreement69
whereas the self-employed are bound by
international conventions70
, transposed into national law. As far as paid leave is
concerned, the rules are the same for all seamen: they are entitled to three days of paid
leave per month. This includes self-employed and employees.
■ Finally, as Denmark does not have self-employed fishermen, working time rules are the
same for all seamen. The particularity when compared to the other countries studied is
that working hours are set in collective agreement. Similarly, there is no legislation which
explicitly defines rest periods for self-employed fishermen. However, the Act on Safety at
Sea71
and the Order on Notice A from the Danish Maritime Authority, technical regulation
on occupational health in ships72
lays down that any work must be undertaken in a way
which ensures in full health and safety requirements (also in the event where the
fisherman fishes alone).
Salary and basis of payment
In all five countries the share of catch payment method is widely used among self-employed
fishermen and employees. In most cases it is considered as part of the labour relations
tradition within the maritime fishing sector.
In Denmark, the collective agreement lays down that employees’ payments are exclusively
a share of the catch.
In France and the United Kingdom, the majority of fishermen, self-employed or employees
are paid by share of the catch. In Spain and the Netherlands is also a common method of
payment, although more common among self-employed fishermen.
■ In France, the share depends on the grade of the fisherman e.g. being the captain of the
vessel, engineer on board a fishing vessel, or a sailor, and this is indicated clearly in the
contract (the seafarers’ employment agreement). The French social partners state that
this ‘share-waged’ system is financially more interesting for both the employers and
employees, and is the traditional way of payment in the fishing sector73
. It notably has
the advantage to benefit from a tax allowance up to 60% on the income tax.
69
Article L.5542-3 of the Transport Code. 70
–ILO Maritime Labour Convention of 2006. Available at: http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:91:0::NO::P91_SECTION:MLC_N1 ; ILO Convention C188 regarding the Work in the Fishing sector. Available at: http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C188 ; The International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1978, and its revision in 1995 (STCW-F 1995). Available at: http://www.imo.org/fr/About/Conventions/ListOfConventions/Pages/International-Convention-on-Standards-of-Training,-Certification-and-Watchkeeping-for-Fishing-Vessel-Personnel-.aspx 71
Bekendtgørelse af lov om sikkerhed til søs LBK n. 72 17/01/2014 at https://www.retsinformation.dk/forms/r0710.aspx?id=160774#Kap1 72
Bekendtgørelse om Meddelelser fra Søfartsstyrelsen A, teknisk forskrift om arbejdsmiljø i skibe , BEK nr 1246 af 11/12/2009 at https://www.retsinformation.dk/Forms/R0710.aspx?id=129083 73
It should be noted here that remuneration to fixed salaries, monthly, has developed in the merchant marine and industrial fishing.
Self-employed fishermen in the EU
31
■ In UK, the method of payment varies depending on the nature of the vessel. For share
fishermen this may vary depending on the type of catch. Some boats may provide a
regular payment to share fishermen but this would be at a fairly low level and it would
then be topped up periodically (weekly or every two weeks) and adjusted based on the
actual value of the catch.
■ In Spain, due to the absence of sectoral collective agreements, the basis of payment is
one of the main aspects that fishermen employed need to agree in their contracts with
their employers.74
An arbitration agreement75
stipulates that the salary payable must be
set out in individual employment contracts (unless the fisherman is covered by a
collective agreement76
)77
. An analysis of 2011 incomes data shows than workers in the
sector obtain 20% less income than in the general average in all sectors of the economy.
The analysis of the salaries and incomes received by workers in the fishing sector
reveals that it is very much linked to the type of fishing activity. Workers in artisanal
fishing receive the lowest incomes: their income represents only 37.6% of the average
income in the economy. Based on these figures, many workers in artisanal fishing are
considered to be at risk of poverty78
.
■ In Netherlands, each self-employed fisherman in a partnership company receives a
share of the catch (taking into account costs and expenses) after each trip. The
partnership agreement stipulates how profit will be shared for each person and how profit
is calculated (after deducting a number of costs). It is typical that 60% of the profit will be
for the vessel owner and 40% for all other partners.
Some Member States (France, Spain, Netherlands and Denmark) have set up special
schemes in case of partial unemployment, i.e. no catch of fishes, or limited catch. The
main objective of these special schemes is to increase the protection of fishermen or self-
employed.
■ In Denmark, the collective agreement lays down a minimum hourly salary of around €23
(160DKK in 2015) in the event that there is no catch (or that the value of the
catch/employee share is below this value).
■ In Spain, a 2010 law 32/201079
established a system to provide unemployment benefits
to self-employed who have suffered from cessation of their activity. This law is not
specific for self-employed fishermen but they can benefit from it.
■ France guarantees a minimum wage (SMIC) set in law even in the system of a payment
according to a share of the catch. A compensation scheme has also been set up for
partial unemployment, at the instigation of the trade union for the fishing sector. This
scheme is provided for in the Labour Code80
(so it can apply to all sectors in France).
The State covers 60%, the remaining 40% being paid by the ship-owner. However, the
self-employed are often fishermen landlord embarked with their business run as a sole
proprietorship (‘entreprise individuelle’). This legal form - the most common for fishermen
landlord embarked – does not give them the right to this compensation for partial
unemployment.
74
http://www.empleo.gob.es/es/publica/pub_electronicas/destacadas/revista/numeros/82/189.pdf 75
https://www.boe.es/diario_boe/txt.php?id=BOE-A-2005-1140 76
In 2001, it was estimated that around 18% of fishermen were covered by a collective agreement. http://www.lavozdegalicia.es/hemeroteca/2001/08/12/697362.shtml Interviewees have confirmed that the share of fishermen covered is nowadays still very low. 77
http://www.empleo.gob.es/es/publica/pub_electronicas/destacadas/revista/numeros/82/189.pdf 78
http://www.greenpeace.org/espana/Global/espana/report/oceanos/Informe%20Pesca%20Sostenible.pdf 79
https://www.boe.es/buscar/act.php?id=BOE-A-2010-12616 80
Article L. 5122-1 of the Labour Code.
Self-employed fishermen in the EU
32
■ The Netherlands have a similar scheme to that operating in France in terms of a
minimum wage guarantee but contrary to France, it differentiates between self-employed
and employed fishermen. The main difference between employees and self-employed in
the fishing sector is that an employee receives a guarantee/or minimum salary
(garantieloon) in case that the share of the catch does not exceed the guaranteed wage.
This is a condition set out in the Civil Code, Book 7 Section 12A Article 741 and the
collective agreement of the trawler fisheries. Self-employed fishermen are not entitled to
any income during the time the vessel does not go fishing or the catch has not been
successful.
5.2 Social security
In several of the Member States (France, Spain, Denmark and Netherlands) studied special
social security schemes for fishermen are in place.
■ In contrast to all the other countries studied, Denmark has setup special conditions for
the fishermen in terms of social security through a collective agreement. Payments
during sickness and disabilities are regulated by the collective agreement: a wage is paid
by the employer for up to 8 weeks from the start of the period of sickness, calculated at
the minimum hourly salary times 7.4. Beyond the 8 weeks, the Danish Maritime Authority
pays sickness benefits until 18 weeks (from the first day of sickness) – after which
sickness benefits are paid by the local authorities. Self-employed/owners of vessels are
responsible for setting up their own private pension schemes. The statutory retirement
age (also applying for fishermen) which entitles an individual to receive a full public
pension currently stands at 65 but it is increasing81
. There are additional options to enter
into early retirement systems (efterløn) at the age of 60. However, there is no data
available on the actual retirement age in the sector.
■ In the Netherlands, there is a difference between social security schemes for employees
and for self-employed in the fishing sector. In the Netherlands two types of social
security exist: national insurance schemes (applicable to all persons living in the
Netherlands not regarding their work relationship); and employee based schemes. There
is a national insurance scheme for health care and for pensions. Employees have an
additional insurance for illness and incapacity at work and pension schemes. Self-
employed have to take care of illness and incapacity on their own – it is not compulsory.
The same holds true for additional pension benefits. However, with regard to illness and
incapacity, there is a special regime for self-employed fishermen. Due to a political
decision dating back to the 1970s self-employed in the fishing sector requested a special
insurance scheme to cover them for illness and work incapacity and death. It is
considered to be less costly compared to the scheme of employees and other insurance
schemes for self-employed. .
■ In France and Spain, all fishermen are subject to special social security provisions. The
difference between these two countries is that France does not distinguish between self-
employed and employees, and both categories have the same conditions and rights in
terms of social security. Regarding the pension scheme, there are different pension
types with entitlements varying based on several criteria: the flat-rate salary82
; the
number of years of pensionable service; and the bonus (bonification) depending on how
many children the fishermen has83
. The main provision that applies to all fishermen
(employees and self-employed) is that they can retire at the age of 55 (compared to 60
years now in the general regime – 62 years starting from 2017). Health and sickness
insurance benefits are the same as for all employees.
81
See for example https://www.pensam.dk/pension/paa-pension/Pages/Find-din-pensionsalder.aspx 82
This is a representative theoretical salary of the average wage of fishermen occupying the same function, according to the kind of vessels they are on board and types of activities they do. 83
From 5% for two children to 15% for four or more children.
Self-employed fishermen in the EU
33
In Spain, workers in the fishing sector are entitled to a Special Scheme for Sea Workers
under the social security regulations. In October 2015, a new regulation (Law 47/2015 of
21 October)84
updated the framework of the Special Scheme. One of the most relevant
changes is the incorporation of the self-employed to the Special Scheme for Sea
Workers. Prior to this, self-employed fishermen needed to be part of the self-employment
general scheme and were therefore not able to benefit from the advantages of the
Special Scheme. For instance, workers of the Special Scheme can at an earlier age than
ordinary workers as a compensation for the risk and tough working conditions of the
fishing activity. Self-employed fishermen in Spain have the right to a pension at the end
of their working life. This pension is generally lower (around 45% lower85
) than the
average for employees. This is linked to the fact that self-employed tend to work in less
profitable fishing activities (artisanal fishing). The Law 47/201586
establishes that all
workers (also self-employed) included in the Special Scheme for Sea Workers receive
coverage for health assistance, temporary inability to work and permanent incapacity to
work.
■ The UK is the only country among the five study countries which does not have specific
social security provisions. A voluntary scheme is in place to support self-employed share
fishermen to budget for Income Tax and National Insurance contributions (NICs). This
involves share fishermen authorising the person that is paying them (payer) to deduct a
minimum of 20% of their income each time they are paid. The payer then deposits this
money into a dedicated, interest bearing bank account in the share fisher’s name. It then
remains in that account until tax and NICs become due (annually)87
. Use of the scheme
also entitles fishermen to claim an allowance of up to £700 for sea kit expenses.
Changes to benefit claimant rules in the UK in recent years have acted to exclude the
possibility for share fishermen to claim unemployment benefit during short periods of
unemployment. In the past it had been possible for them to do this but an increase in the
conditions attached to unemployment benefit has effectively excluded the possibility for
this to take place (such as a requirement to actively seek new employment)88
.
5.3 Health and safety
In all the countries studied, fishermen, whether they are self-employed or employees must
obtain some qualifications and/or training to be authorised to work on a fishing vessel.
For the majority of the countries studied, i.e. France, Spain, United Kingdom and
Denmark, health and safety legislation equally apply to employed and self-employed
fishermen. However, in some countries, there are certain limitations to these rights.
■ In France and Spain, the provisions regarding health and safety largely apply to vessels.
The main health risks identified by public authorities do not vary based on the type
working arrangement of the fisherman but on the type of fishing activities carried out.
The health and safety rules applying each case are determined by the size of the vessels
and the use of specific materials in the fishing activities. Hence, as the self-employed
fishermen are often working alone on their own vessels, they must obtain all the
certificates or qualifications linked to health and safety.
84
https://www.boe.es/diario_boe/txt.php?id=BOE-A-2015-11346 85
http://www.brumwell.com/la-jubilacion-de-un-autonomo-es-casi-la-mitad-de-la-de-un-trabajador-por-cuenta-ajena/ 86
http://www.seg-social.es/prdi00/groups/public/documents/normativa/095259.pdf 87
Share Fisherman: tax budgeting scheme. HMRC. Available at: https://www.gov.uk/guidance/share-fisherman-tax-budgeting-scheme#join-the-scheme 88
Full details of JSA claimant rules at: https://www.gov.uk/jobseekers-allowance/eligibility
Self-employed fishermen in the EU
34
■ In Denmark health and safety rules are also specific to the type of vessel. Indeed, the
Act on Safety at Sea89
and the Order on Notice A from the Danish Maritime Authority on
technical regulation on occupational health in ships90
set out a comprehensive legislative
framework for health and safety on board vessels. They cover a wide range of health
and safety issues (e.g. undertaking of the work/duties; chemical, physical and
psychological working environment, rest periods, use of protective clothes and tools
providing assistance, etc.). Besides, all active fishermen, irrespectively of the
employment situation must obtain a safety certificate.
■ In France, the employer also has obligations. For instance he/she must first take general
measures to ensure the safety of fishermen in order to protect their physical and mental
health. The employer must also provide their crew the necessary protective equipment.
The difference between employees and self-employed is that self-employed fishermen
have to buy their own equipment. The employer must organize practical training relating
to security on board.
■ In the UK, the Merchant Shipping and Fishing Vessels (Health and Safety at Work)
Regulations (1997)91
outline a duty for all employers to ensure so far as is reasonably
practicable the health and safety of workers and others affected by their activities. The
basis of all safety measures should be an assessment by the employer of any risks to
workers’ health and safety from their work activities. The regulation recognises
employers have a duty of care both to workers and to others on board who are affected
by their business – this therefore includes self-employed workers. Self-employed
workers therefore also have the same obligations as other workers. However, the case
law has shown the limitations of the principle of the same obligations and rights for self-
employed and employees in terms of health and safety. Indeed, it seems that legally, the
owner/skipper has limited responsibility under the Merchant Shipping and Fishing
Vessels (Health and Safety at Work) Regulations 1997, whereas if crew were employed,
full responsibility would exist.
■ In the Netherlands, the general occupational health and safety law
(Arbeidsomstandigheidenwet - Arbowet) is applicable to companies, (employers having
with employees) and to self-employed without employees working in a partnership
agreement. This law prescribes that each employer/skipper has to carry out a proper risk
assessment for the company. For each vessel a risk assessment has to be carried out
as set out under Article 5 of the Arbowet. The sector specific agreement for the trawler
fisheries generally sets out more specific rules with regard to health and safety on board.
■ Finally, it should be noted that in some Member States detected the need to facilitate
self-employed accessing health and safety information and measures. For instance,
through its national institute for health and safety (INSHT) Spain launched an initiative to
promote risk prevention specially targeting SMEs and self-employed. The
Prevencion.1092
initiative is a tool available free-of-charge that aims to provide SMEs
and self-employed with all the information regarding their obligations and the measures
they need to apply to prevent work-related accidents.
89
Bekendtgørelse af lov om sikkerhed til søs LBK n. 72 17/01/2014 at https://www.retsinformation.dk/forms/r0710.aspx?id=160774#Kap1 90
Bekendtgørelse om Meddelelser fra Søfartsstyrelsen A, teknisk forskrift om arbejdsmiljø i skibe , BEK nr 1246 af 11/12/2009 at https://www.retsinformation.dk/Forms/R0710.aspx?id=129083 91
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations (1997), Marine Safety Agency. Available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/282356/mgn020.pdf 92
https://www.prevencion10.es/site-web/home.seam?conversationId=1234587
Self-employed fishermen in the EU
35
6 Conclusions
The research provides relevant findings on the different working arrangements and
conditions of the maritime fishing sector. Additonal conclusions by each of the five Member
States analysed can be consulted in the specific Country Report (see Annex to this report).
■ The analysis of the acquis communautaire reveals that there is a limited number of
regulations dealing with self-employment and a significant number of existing
regulations do not cover the self-employed (unless Member States decide to do so).
The approach to the concept is mostly developed in opposition to the concepts of
employee and employer. Hence, a more detailed understanding of self-employment is
left to national authorities and laws to elaborate.
■ The analysis of five Member States shows the different national approaches to dealing
with and regulating self-employment in the maritime fishing sector. There is however no
comparable models among the five countries analysed. The way self-employment is
regulated (and the specific form it takes) depends on different labour market traditions
and the role and scope of self-employment in the sector.
– In terms of the definition of self-employment, Denmark is different from the rest of the
countries studied. In this country, the concept of self-employment does not exist in
law. Self-employed are considered as employers or employees based on their
specific work relationship.
The other four countries (France, Netherlands, Spain and UK) recognise the legal
concept of self-employment. The understanding of this term is similar in the four
countries although each one defines it in a different approach.
– In all five Member States self-employed are more likely to work in small-scale
artisanal fishing. In many cases, self-employed fishermen are usually owner of the
vessel. They tend to work alone (or with a reduced number of workers (generally 1-3)
which can be also self-employed too. In many cases, self-employed can be also
supported by family workers.
– In some countries, the peculiarities of the fishing sector and its effect in the working
relations has been fully recognised by developing a specific work contracts for
fishermen. This is the case in France and Netherlands, while not in Spain.
– Working conditions are generally more determined by the type of fishing activities
than by the specific regulations. Artisanal fishing (where most self-employed work) is
generally less profitable and stable than larger-scale fishing activities.
– In most of the Member States (France, Spain, Denmark and Netherlands) fishermen
(including self-employed) are covered by specific social security schemes. These
schemes generally guarantee specific access to pension rights, healthcare
provisions and unemployment benefits to fishermen. These schemes generally cover
all workers (also self-employed) by the fact of being fishermen.
– Health and safety requirements tend to be linked to the type of activity and vessel
size. In all Member States employers are required to provide risk assessments of the
workplace. Self-employed are generally covered by the same health and safety
requirements as employees. However, in some Member States, such as UK, there
could be differences.
■ As mentioned in the above sections, there is a lack of detailed and reliable data. At EU
level, the available data is not sufficient to deliver trend information and detailed country
analyses on the level of self-employment.
Gathering reliable data is crucial to understand developments in the sector and planning
new policies or reforming the existing ones. The challenge has been identified by most
stakeholders in the sector but additional efforts are required to address this situation.
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Self-employed fishermen in the EU
37
7 Annex – Country reports