Employment protections extended to Seafarers

The Minister for Employment Affairs and Social Protection, Regina Doherty T.D. recently announced that the new European Communities (Seafarers) Regulations 2018 have been signed into law. This new legislation transposes EU Directive 2015/1794, the objective of which is to improve employment protections for seafarers.

From January 18th, seafarers on Irish registered vessels are now specifically brought within scope of the Protection of Employment Acts 1977 to 2007, which means that seafarers must be informed and consulted by employers in situations of collective redundancies.

The Regulations signed by Minister Doherty also mean that seafarers’ rights are safeguarded where their employer transfers the business to another employer within the meaning of the Regulations, as they are now brought into scope of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003).

The new Regulations further clarify the situations where the Transfer of Undertakings Regulations apply to the transfer of a seagoing vessel. They also provide additional protections to allow seafarers to participate in consultation and negotiation meetings under the Transnational Information and Consultation of Employees Act 1996.

On signing the new regulations Minister Doherty said: “seafarers are now entitled to the same employment protections as other workers when collective redundancies are anticipated by an employer. Seafarers are now also afforded significant protections when their employer transfers the business to another employer.
These Regulations will help ensure seafarers are afforded the same protections as other workers and are better protected in terms of working conditions and information and consultation rights.”