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Comments adopted by the CEACR: Gibraltar

Adopted by the CEACR in 2021

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value by collective agreements. In follow up to its previous comments in this regard, the Committee takes note of the Government’s indication that: (1) there are no court decisions on the application in practice of section 63(2)(a) and (b) of the Equal Opportunities Act, providing that collective agreements contrary to the Act are void; and (2) there are no collective agreements containing express clauses regarding equal pay for work of equal value. Recalling again that collective agreements can be a useful tool to address the gender pay gap, the Committee asks the Government to take specific measures to raise awareness on the principle of equal remuneration for men and women for work of equal value among workers, employers and their representatives, and to inform them of the benefit of including specific clauses on equal remuneration for men and women for work of equal value in collective agreements. The Committee asks the Government to continue to provide information in this regard.
Minimum wages. Domestic workers. The Committee asked the Government to provide information on any steps towards the inclusion of domestic workers in the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001. The Government reports that it has not been possible to further consider the situation of domestic workers, due to the context of the COVID-19 pandemic and Gibraltar’s departure from the European Union. The Committee also notes that the Government does not provide statistical data on the number of men and women employed as domestic workers. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied and the exclusion of female-dominated groups from the application of minimum wages, and particularly those that are the most vulnerable to wage discrimination, such as domestic workers, could constitute indirect discrimination against women (see General Survey on the fundamental Conventions, 2012, paragraphs 682 and 684). The Committee therefore asks once again the Government to take steps so that domestic workers are included within the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001, and provide information on the results of such measures on the reduction of the gender pay gap. It also requests the Government to provide statistical data on the number of men and women employed as domestic workers, and their respective earnings.
Articles 2 and 4. Promotion and enforcement of the principle of equal remuneration for men and women for work of equal value. Collaboration with workers’ and employers’ organizations. Further to its request, the Committee takes note of the Government’s indication that the Citizens Advice Bureau: (1) collaborates with workers’ and employers’ organizations; (2) engages continuously with the Human Resources Forum which includes human resources managers from both the public and private sectors; and (3) participated in an international conference about equality organized with Citizens Advice International in Gibraltar and delivered presentations at Comprehensive school level, for the Royal Gibraltar Police, for Gibraltar Health Authorities employees, as well as for other governmental agencies and non-governmental entities. The Committee notes however that the Government does not provide specific details on its collaboration with workers’ and employers’ organizations, nor on the measures taken to train labour inspectors and judges to address issues related to the application of the Convention. On this point, the Committee also notes that the Government reports once again that it could not identify any administrative or judicial decisions on the application of the principle of equal remuneration for work of equal value. Lastly, the Committee takes note of the Government’s indication that no comments were received from the public following the consultation paper on the establishment of an Equal Opportunities Commission that has not yet occurred. This matter is still under review and the responsibility for the promotion of equal treatment remains with the Citizens Advice Bureau. The Committee asks the Government to provide information on the activities of the Citizens Advice Bureau regarding specifically the promotion and application of the principle of equal remuneration for men and women for work of equal value, in particular detailed information on the nature and extent of its collaboration with workers’ and employers’ organizations on this matter. The Committee also asks the Government to take measures and to provide specific information on the actions taken to enhance the capacity of labour inspectors, judges and other public officials to identify and address issues regarding equal remuneration from men and women for work of equal value. Lastly, it asks the Government to provide information on any development regarding the establishment of an Equal Opportunities Commission, as provided for under section 79 of the Equal Opportunities Act.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap. The Committee takes note of the statistical data from the Employment Survey for 2019 provided by the Government further to its request. It also notes the data from the Employment Survey for 2020, which continue to show an important gender pay gap and persistent horizontal and vertical occupational gender segregation. In October 2020, the average gross annual earnings for monthly-paid full-time employment was £41,936.98 for men and £33,741.18 for women (with an annual gender pay gap around 19.5 per cent). At the same date, the average monthly earnings for the same type of work was £3,430.41 for men employees and £2,813 for women employees (with a monthly gender pay gap around 18 per cent). Similarly, the average annual earnings for weekly-paid full-time employees was £23,032.85 for men and £18,134.93 for women. For part-time work, the average monthly earnings in respect of monthly-paid adult male employees was £1,393.27 against £1,295.46 for women employees. The survey also shows significant occupational gender segregation, with women being predominantly represented in the sectors of health and social work (1,839 women for 861 men), financial intermediation (1,004 women for 886 men), and education (775 women for 219 men), and underrepresented in the occupations of managers and senior officials (1,369 women for 2,952 men), professional (915 women for 1,190 men), and associate professional and technical (1,144 women for 2,190 men).
On the measures adopted to address the gender remuneration gap, the Committee notes the Government’s indication that on 8 March 2017, the Minister of Equality had announced the creation of a Working Group to examine the issue of whether there is a pay gap issue between men and women in Gibraltar. However, the COVID-19 pandemic and Gibraltar’s departure from the European Union have delayed the implementation of such decision and continue to delay many initiatives. The Government further reports that the Minister for Equality participated in a high-level meeting organised in Iceland by the Equal Pay International Coalition (EPIC) and has provided training on “unconscious bias in the workplace and its effect on women” for both the public and private sectors. It further adds that two cycles of the Women’s Mentorship Programmes have been completed and a third is due to commence in the autumn of 2021; and that more women are applying for vacancies within the emergency services and for senior positions. The Government is also encouraging women and girls to take up STEM (science, technology, engineering, and maths) subjects in school. Lastly, the Government reports that the Ministry of Equality has met with the Equalities Committee of the workers’ organization in Gibraltar to establish a working relationship for the discussion of any equality issue which may affect any member; and collaborates actively with the unions to address grievances within the public sector. Noting the persistent and significant gender pay gap and occupational gender segregation, the Committee asks the Government to intensify its efforts to enforce the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to adopt targeted measures to reduce the gender pay gap in both the private and public sectors and promote women’s access to higher pay jobs. The Committee asks the Government to provide information on the measures taken, including the creation of the working group previously announced, and their results, and continue to provide detailed statistics on the respective earnings of men and women.
Articles 1(b) and 2. Equal remuneration for men and women for work of equal value beyond the same employer. Legislation. In its last comment, the Committee requested the Government to provide updated information on any revision of section 31 of the Equal Opportunities Act, 2006, initiated in order to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the same or an associated employer and specific information regarding the application of section 31 of the Act in practice. The Committee notes that the Government indicates being committed to considering any necessary reforms of section 31 of the Equal Opportunities Act but has been unable to address this issue at this stage, due to the substantial workload created by its departure from the European Union and the COVID-19 pandemic. The Committee also notes the indication of the Government that it is not aware of any local administrative or judicial decision relating to equal remuneration for men and women for work of equal value. Recalling that ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational gender segregation, the Committee reiterates its request to consider reviewing section 31 of the Equal Opportunities Act, 2006, to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the “same” or an “associated” employer. The Committee also asks the Government to continue to provide information on the practical application of section 31 of the Act relating to equal pay, and to provide information on any measures adopted to ensure that workers can avail themselves in practice of their right to equal remuneration for work of equal value.
Articles 2 and 3. Application of the principle in the public sector. With respect to the criteria used to determine the classification of jobs and the applicable salary scales in the public sector, the Government indicates that the salary scales applicable in the public sector are set by grade and not by gender and are historically derived from the civil service pay scales of the United Kingdom. The Committee observes that according to the Employment Survey for 2020, the differences in remuneration in the public sector remain prevalent with an average monthly earning of £4,605.29 for full-time men employees against £3,394.14 for full-time women employees (average gender pay gap: 27 per cent). The Committee once again recalls that despite the existence of salary scales applicable to all public officials, without discrimination on the ground of sex, pay discrimination in the public service can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits (General Survey on the fundamental Conventions, 2012, paragraphs 700–703). The Committee therefore asks the Government to take the necessary steps to identify and address efficiently the gender pay gaps in the public sector, in particular to consider the revision of salary scales based on objective criteria that are free from gender bias, such as skills, efforts, responsibilities and conditions of work. It also asks the Government to adopt measures to address horizontal and vertical occupational gender segregation in the public sector and, specifically, to improve the access of women to higher ranking and better paid positions, through training or other means. The Committee asks the Government to provide detailed information on the measures taken and the results achieved on the reduction and elimination of the gender pay gap in the public sector.
The Committee is raising other matters in a request addressed directly to the Government.

C108 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 5 and 6 of the Convention. Readmission to the territory and permission to enter a territory. In its previous comments, the Committee had requested the Government to indicate how it gives effect to Articles 5 and 6. The Committee notes that, in its report, the Government indicates that Gibraltar does not issue seafarers’ identity documents but accepts valid seafarers’ identity documents for readmission into Gibraltar if the seafarer is resident in Gibraltar, as it accepts passports and other recognized travel documentation. The Government also indicated that, in appropriate cases, the Principal Immigration Officer in Gibraltar may be directed by the Government of Gibraltar to allow persons to leave or enter Gibraltar or who are in transit by land, sea or air through the airport to any country specified in any direction, by waiving any controls, powers or functions required under Gibraltar law. The Committee further notes that the Government indicates that a seafarer holding a valid seafarers’ identity document may be permitted to enter Gibraltar in the cases foreseen in Article 6. In addition, the Committee notes the Government’s indication that, in the very near future, it will adopt legislation to give firmer legal and statutory footing to the Convention as well as to allow seafarers from Gibraltar to apply for seafarers’ identity documents in Gibraltar.  The Committee requests the Government to provide a copy of the new legislation once it has been adopted, indicating the provisions that ensure full compliance with Articles 5 and 6.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s second and third reports on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, 2016 and 2018 entered into force for Gibraltar on 18 January 2017, 8 January 2019, and 26 December 2020, respectively. The Committee draws the Government’s attention to the following issues.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Article I of the Convention. General questions on application. Implementing measures. In its previous comment, the Committee noted that the Convention had been incorporated through the Gibraltar Merchant Shipping (Maritime Labour Convention) Regulations 2013 (hereinafter GMS (MLC) Regulations) and by a series of Maritime Labour Notices (hereinafter MLN), and requested the Government to clarify the legal status of the provisions of such Notices which did not seem to have a binding nature. In this regard, the Committee notes the Government’s indication that MLNs will be issued under an amending Act of Parliament, incorporating a new section, which would empower the Maritime Administrator to issue MLN, and that they are currently considering legislation with enforcement provisions. The Committee notes that the Gibraltar Merchant Shipping (Maritime Labour Convention) (Amendment) Regulations 2021, of 4 March 2021, amended Regulation 2(1) to include the definition of Maritime Labour Notice as “a notice issued under section 3A of the Gibraltar Merchant Shipping (Safety, etc.) Act, 1993.” While the current version of the Gibraltar Merchant Shipping (Safety, etc.) Act, 1993 does not include a section 3A, the Committee notes that Bill 07/21 of 4 March 2021 foresees the incorporation of a new section which empowers the Maritime Administrator to issue MLNs which will have force of law and be enforceable. The Committee takes note of this information and requests the Government to provide a copy of the amended legislation implementing the Convention once adopted.
Article VI, paragraphs 3 and 4. Substantial equivalence. The Committee requested the Government to indicate if it has adopted any substantial equivalences as permitted under Article VI of the Convention, through which procedure and on which issues. The Committee takes note of the Government’s indication that no substantial equivalences have been adopted under regulation 3(6) of the Gibraltar Merchant Shipping (MLC) Regulations, 2013, which provides that, as respects a particular ship, or ships of a particular description, the Maritime Administrator may, in the circumstances set out in Article VI of the MLC, approve requirements which, when taken together with the conditions and limitations to which the approval is subject, the Maritime Administrator considers are substantially equivalent to requirements of these Regulations. The Committee also notes that MLN 041 of 14 August 2020 provides guidance on the procedure for applying for a substantial equivalence, including for the consideration of requests for ship-specific “substantial equivalences”. The Committee draws the Government’s attention to the fact that the concept of substantial equivalence is not a matter for administrative discretion but has to be decided by a Member on a horizontal basis – i.e. not on an ad hoc basis – following the requirements of Article VI, paragraphs 3 and 4. The Committee requests the Government to adopt the necessary measures to ensure that substantial equivalence measures are decided on a horizontal basis and in conformity with the requirements of the Convention.
Article VII. Consultations. The Committee previously requested the Government to indicate how it gives effect to the Convention’s requirements regarding consultations. The Committee notes the Government’s indication that Gibraltar undertakes any consultations with shipowner and seafarer representative organizations through the United Kingdom’s MLC Tripartite Working Group, as and when required to do so by the MLC, 2006. The Committee takes note of this information, which addresses its previous request.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In its previous comment, the Committee noted that section 8(g) of (MLN No. 003 sets out exceptions to the prohibition from carrying out hazardous work by young seafarers and requested the Government to amend its legislation to give full effect to Standard A1.1, paragraph 4 of the Convention. While noting that the Government once again refers to MLN No. 003 in its reply, the Committee notes that MLN No. 017(a) on Health and Safety Policies and Programmes, of 26 November 2020, specifies types of work prohibited to young persons (section 7.2, paragraph 2(a) to (c)), without exception. The Committee also notes that the Government has specified other types of work which could only be performed by young persons subject to the condition that the activity is performed under the supervision of a person experienced and trained in the task to be carried out and that it is an indispensable part of an established training programme leading to STCW qualifications (section 7.2 paragraph 2 d) to f) of MLN No. 017(a)). In addition, such types of work must be carried out in a way in which the young person’s health and safety is ensured, so far as is reasonably practicable, when performing the activity. Recalling that Standard A1.1, paragraph 4, requires the absolute prohibition for young seafarers of the types of work considered hazardous and allows for no exceptions, the Committee underscores the need to avoid any inconsistency in the applicable national provisions. The Committee therefore requests the Government to indicate the measures taken to repeal section 8 of MLN No. 003 to ensure full compliance with Standard A1.1, paragraph 4.
Regulation 1.4 and the Code. Recruitment and placement services. The Committee notes the Government’s indication that there are currently no recruitment and placement services operating in Gibraltar. The Committee requests the Government to provide information on any developments in this regard.
Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes with interest that MLN 007(a), of 26 November 2020, MLN 008(a) of August 2020 and section 19C of the Gibraltar Merchant Shipping (Maritime Labour Convention) (Amendment) Regulations 2021, have incorporated into the national legislation provisions for giving effect to the 2018 amendments to the MLC, 2006. The Committee also notes the government’s information that further implementing legislation is being considered in relation to the 2018 amendments to Standard A2.2 of the MLC, 2006. The Committee requests the Government to provide a copy of all relevant new legislation or other regulatory instruments implementing the Convention once they are adopted.
Regulation 2.3 and Standard A2.3, paragraph 13. Exceptions to the limits on hours of work and hours of rest. Noting that Regulation 15(3) of the GMS (MLC) Regulations allows exemptions to the limits of hours of work and hours of rest through collective agreement or “workforce agreement”, the Committee previously requested further information on this issue. The Committee notes the Government’s indication that no collective agreements permitting exceptions to the set limits have been registered. The Committee requests the Government to provide information on any developments in this regard.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that under section 19B of the GMS (MLC) Regulations, as amended, the shipowners’ duty to repatriate ends, inter alia, when the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s unreasonable conduct (19B(b)); the shipowner has used reasonable endeavours to contact the seafarer for a period of three months or more, but has been unable to make such contact (19B(c)); the seafarer confirms in writing to the shipowner that repatriation is not required (19B(d)). The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1, are met. The only case in which this right may lapse in conformity with the Convention is contemplated under Guideline B2.5.1, paragraph 8, in the case in which the seafarers concerned do not claim that right within a reasonable period of time to be defined by national laws or regulations or collective agreements. The Committee requests the Government to ensure that any provision of national legislation which deprives seafarers of their right to repatriation, including section 19B of the GMS (MLC) Regulations, as amended is limited to the circumstances allowed by the Convention. It requests the Government to indicate how section 19B of the GMS (MLC) Regulations, as amended, is implemented in practice, specifying how the “seafarer’s unreasonable conduct” is determined and the standard of proof with regard to section 19B (b) and (c).
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that section 19 of the GMS (MLC) Regulations, as amended, provides that a shipowner must not recover from the seafarer’s wages or other entitlements the cost of repatriation, unless the seafarer has been found, in accordance with (i) in the case of a seafarer on a ship other than an MLC ship, a determination by the Maritime Administrator, or (ii) in the case of a seafarer on an MLC ship, the relevant national laws, regulations or other measures, or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations.  The Committee requests the Government to provide information on the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in “serious default of the seafarers’ employment obligations” (Standard A2.5.1, paragraph 3).
Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. In its previous comment, the Committee requested the Government to provide information on the implementation of Standard A2.5.2. The Committee notes the Government’s indication that seafarers are provided with financial security in the event of abandonment pursuant to section 19(5) and (6) and Part VB (which covers sections 32K to 32T) of the GMS (MLC) Regulations, as amended. The Committee further notes that section 32L of the Regulations specifies the conditions under which a seafarer is considered abandoned. According to Sub-section 1B, paragraph 2, an abandoned seafarer ceases to be abandoned in relation to a ship if, after the end of the abandonment period, the seafarer continues, resumes or takes up new employment on board the ship or is engaged on board the ship. Paragraph 3 provides that the “abandonment period” ends, inter alia, in case of (b) the seafarer refusing unreasonably to be repatriated, or to cooperate with arrangements made for the seafarer’s repatriation; (c) the expiry of a period of 3 months during which the abandonment security provider has used reasonable endeavours to contact the seafarer but has been unable to make such contact; (d) the abandonment security provider receiving written confirmation from the seafarer that financial assistance is no longer required. The Committee recalls that the Convention does not limit the abandonment period during which seafarers should benefit from the assistance of an expeditious and effective financial security system. For the purposes of Standard A2.5.2, paragraph 2, seafarers shall be deemed to have been abandoned where the shipowner fails to cover the cost of the seafarer’s repatriation, has left the seafarer without the necessary maintenance and support or has otherwise unilaterally severed ties with the seafarer, including failure to pay contractual wages for a period of at least two months. In those circumstances, with the exception of outstanding wages and other entitlements due under the employment agreement, the relevant collective bargaining agreement or the national law of the state, which may be limited to four months, the assistance provided by the financial security system must be sufficient to cover the expenses, the essential needs of abandoned seafarers and the cost of repatriation until arrival at the seafarer’s home, as prescribed in Standard A2.5.2, paragraphs 9 and 10. The Committee therefore requests the Government to adopt the necessary measures to ensure that seafarers are entitled to the assistance provided by the financial security system in all the circumstances set out by Standard A2.5.2 paragraph 2 and until their arrival at home as required by Standard A2.5.2 paragraphs 9 and 10.
Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. Recalling that a restriction of the type indicated under section 21(2) of the Gibraltar Merchant Shipping (Safety, etc.) Act, 1993, is not provided for under Standard A2.6 and, noting the existence of conflicting provisions on this issue, the Committee previously requested the Government to amend the said Act in order to fully comply with the requirements of the Convention. The Committee notes the Government’s indication that it intends to repeal section 21(2) of the Gibraltar Merchant Shipping (Safety, etc.) Act 1993. The Committee once again requests the Government to adopt the necessary measures in order to ensure that full effect is given to the Convention and to provide copy of any amendment to the Act once adopted.
Regulation 2.7 and the Code. Manning levels. The Committee previously requested the Government to clarify whether all ships covered by the Convention that fly its flag have safe manning levels which are determined or approved by the competent authority, and how such manning levels are determined according to tonnage. The Committee notes the Government’s detailed information which confirms that the requirements of Regulation 2.7 apply to all ships, regardless of tonnage. The Committee takes note of this information, which addresses its previous request.
Regulation 4.2 and Standard A4.2.1, paragraph 1(d). Cost of burial expenses. Noting the existence of conflicting provisions resulting in the possibility to deduct expenses incurred by the shipowner in respect of illness and burial of any seafarer from the wages of the seafarer, the Committee had requested the Government to amend section 49(5) of the Merchant Shipping Act No. 1935-09 of 1935. The Committee notes the Government’s reply that it intends to amend such provision by repealing it. The Committee requests the Government to indicate the measures taken to give effect to Standard A4.2.1, paragraph 1(d) of the Convention and to provide a copy of the amended section once adopted.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee had requested the Government to provide information on the implementation of Standards A4.2.1 and A4.2.2. The Committee notes that according to sections 29(3) and 32C of the GMS (MLC) Regulations, as amended, the shipowner must have in force a contract of insurance or other form of security relating to a ship to ensure any liabilities the shipowner may have in the event of death or long term disability of seafarers arising from occupational injury, illness or hazard. The Committee also notes that sections 32B and 32H of said Regulations provide that the financial security shall not cease to operate before the end of the period of its validity unless its provider has given prior notice, in writing, of at least 30 days to the Minister. Section 32I provides that if a shipowner’s security is terminated, the financial security provider must give notice in writing to that effect to the Minister within a period of 30 days. The Committee notes however that section 32J allows the shipowner to notify seafarers that the financial security is to be or has already been terminated before the end of its period of validity. Recalling that, under Standard A4.2.1, paragraph 9 of the Convention seafarers must receive prior notification when the shipowner’s financial security is to be terminated, the Committee requests the Government to indicate the measures adopted so that national laws and regulations are in compliance with this requirement of the Convention.
The Committee further notes that section 32D(3A) of the GMS (MLC) Regulations, as amended reproduces the content of Standard A4.2.1, paragraph 8 of the Convention. For the purpose of section 32D, “claim for contractual compensation” means a claim for compensation in the event of death or long-term disability of a seafarer arising from occupational illness or hazard where the compensation payable in respect of the claim is set out in the seafarer’s employment agreement, and “contractual compensation” is to be construed accordingly. The Committee notes, however, that section 32E requires that evidence that the seafarer is suffering hardship must be provided as one of the conditions for entitlement to interim payments, and that the amount of the interim payments should be sufficient to alleviate the seafarer’s hardship. The Committee also notes that, with regard to the implementation of Standard A4.2.2, the Government refers generically to Part VA of the GMS (MLC) Regulations, as amended. The Committee requests the Government to provide more detailed information on how it gives application to the requirements of Standard A4.2.1, paragraph 8(d), to ensure that interim payments are made to the seafarer so as to avoid undue hardship as well as on the arrangements to settle claims relating to death or long term disability of seafarers due to an occupational injury, illness or hazard in cases where the compensation payable in respect of the claim is not set out in the seafarer’s employment agreement (Standard A4.2.2, paragraph 3).
Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. The Committee previously requested the Government to provide information on the branches of social security for which protection is provided, particularly those for which it acquired an international obligation in accordance with Standard A4.5, paragraphs 2 and 10 (employment injury benefit, invalidity benefit and survivors’ benefit), specifying how benefits relating to medical care are afforded to seafarers when they are abroad. The Government indicates that according to section 10 of the Social Security (Employment Injuries Insurance Act) 1952, where an insured person suffers injury at work being in a insurable employment, then injury benefit, disablement benefit and death benefit may be payable. The Committee notes that, according to section 10(3) relating to insured persons on ships, vessels and aircraft, benefit shall not be payable in respect of an accident happening while the insured person is outside Gibraltar. The Committee also notes that, while such Act provides insurance against being unable to work, being disabled or losing life because of an accident at work or certain industrial diseases, the Government does not indicate how it provides for invalidity benefit and survivors benefit for seafarers in cases where death or invalidity would arise from a circumstance other than an occupational accident, injury or disease. The Committee further notes that, according to the Government, there are currently less than ten seafarers resident in Gibraltar. The Committee requests the Government to indicate how it intends to give effect to its obligations under the Regulation 4.5 and Standard A4.5 regarding invalidity benefit and survivors benefit.
The Committee notes the Government’s reference to sections 28-32 of the GMS (MLC) Regulations, as amended, regarding the provision for medical care on board ship and ashore. The Committee notes that section 32 on social security applies to persons who are domiciled or resident in Gibraltar and employed on board a ship, as well as to persons who work on board Gibraltar ships, including when they are not ordinarily resident in Gibraltar or European Union (EU) nationals and do not otherwise have access to social security provision or to medical care when in Gibraltar which satisfies the requirements of the MLC, 2006. According to section 32(2), a person who is employed on board a Gibraltar ship must be treated as being in Insurable Employment for the purposes of the Social Security (Employment Injuries Insurance) Act. The Committee also notes there are currently 3857 seafarers working on national flag ships covered by the Convention and that according to section 32(6) of the GMS (MLC) Regulations, as amended, the Minister may make determination extending the application of Gibraltar legislation in order to progressively achieve comprehensive social security protection for seafarers who are domiciled or resident in Gibraltar and for seafarers on Gibraltar ships. The Committee recalls that, in order to complement the protection afforded under Regulations 4.1 and 4.2, Guideline B4.5, paragraph 1 provides that the protection to be provided at the time of ratification should at least include the branches of medical care, sickness benefit and employment injury benefit. Noting that medical care and sickness benefit are not included in the list of social security branches specified, the Committee invites the Government to give due consideration to the Guideline B4.5, paragraph 1, according to which the protection to be provided at the time of ratification of the Convention should at least include the branches of medical care, sickness benefit and employment injury benefit.
Regulation 4.5 and Standard A4.5, paragraph 8. Social security. Bilateral or multilateral agreements. The Committee previously requested the Government to indicate the measures taken or envisaged to participate in any bilateral or multilateral arrangements regarding the provision of social security protection for seafarers, including the maintenance of rights acquired or in the course of acquisition. The Government refers to the Social Security Coordination (Regulation (EC) No 883/2004, EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019, which addresses the issues concerning social security coordination arising from the withdrawal of Gibraltar from the EU. The Committee takes note of this information, which addresses its previous request. The Committee requests the Government to provide information should any developments occur in this regard and, if applicable, to provide copies of any bilateral or multilateral arrangements regarding the provision of social security protection for seafarers.
Regulation 5.1.6. Marine casualties. The Committee notes that, under Regulation 10 of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012, whenever a “very serious casualty” occurs, the Marine Accident Investigation Compliance Officer (MAICO) must ensure that a safety investigation is carried out. In the case of a “serious casualty”, the MAICO carries out a preliminary assessment in order to decide whether or not a safety investigation should be undertaken and in the case of any other marine casualty or incident it shall decide whether or not a safety investigation should be undertaken. The Committee notes that in the latter cases the holding of an investigation is optional. It recalls that Regulation 5.1.6, paragraphs 1 and 2, provides that each Member shall hold an official inquiry into any serious marine casualty, leading not only to loss of life but also to injury that involves a ship that flies its flag. The Committee requests the Government to indicate the measures taken to ensure full conformity with this requirement of the Convention.
Regulation 5.2.2 and Standard A5.2.2. On-shore complaint-handling procedures. The Committee previously requested the Government to provide information on procedures established for seafarers calling at its ports to report a complaint alleging breach of the requirements of the MLC, 2006, as well as on the number of reported on-shore complaints. The Committee notes that the Government refers to (MLN No. 023(b), of July 2020, relating to on shore complaint procedures, which provides guidance to owners, operators and seafarers on the Gibraltar provisions on the Gibraltar Maritime Authority (GMA)’s handling of complaints made to the GMA relating to the MLC, 2006. The Committee takes note of this information, which addresses its previous request.

Adopted by the CEACR in 2020

C017 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 7 of the Convention. Additional compensation for persons in need of constant help. In its previous comments, the Committee noted that, according to section 16 of the Social Security (Employment Injuries Insurance) Act No. 10 of 1952, the disablement pension to which victims of employment injury are entitled can be increased for those who needed constant attendance, but only for persons with an assessed disability of 100 per cent. On this basis, the Committee requested the Government to provide information on any form of supplementary assistance available to those with a permanent disability of less than 100 per cent who require the constant help of another person. The Committee notes the reply provided by the Government in its report, according to which the above-mentioned provision of the national legislation does not contravene Article 7 of the Convention. The Committee recalls that Article 7 of the Convention requires that all injured persons whose incapacity is of such nature that they need the constant help of another person be provided with additional compensation, irrespective of their degree of disability, and not only those with an assessed degree of disability of 100 per cent. The Committee requests the Government to provide information on any measure ensuring that victims of employment injury with a disability of less than 100 per cent are provided with or compensated for the constant help of another person when they so require.
Article 9. Pharmaceutical aid. The Committee notes the information provided by the Government in reply to its previous request concerning the provision of pharmaceutical aid free of charge to victims of industrial accidents who are not hospitalized.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

C160 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the additional information provided by the Government in light of the Governing Body’s decision at its 338th Session (June 2020). The Committee therefore examined the application of the Convention on the basis of the additional information provided as well as on the information available to it in 2019.
Articles 7 and 8 of the Convention. Statistics of the economically active population, employment and unemployment. Structure and distribution of the economically active population. In its previous comments, the Committee requested the Government to provide information on the concepts, definitions and methodology used to collect and compile official statistics of the economically active population, employment and unemployment in Gibraltar (Articles 5 and 6 of the Convention), as well as any plans for conducting the next round of the population census. The Government indicates that there have been no changes in the application of these Articles of the Convention since the last report and no changes are currently envisaged. The Committee notes that the most recent statistics available in this area refer to 2017. It further notes the Government’s indication that the next population census is expected to be carried out in 2021. The Committee requests the Government to continue to provide information concerning any developments in the application of these Articles, as well as census data and methodological information relating to the 2021 census. The Committee invites the Government to provide information on any developments in relation to the implementation of the resolution concerning statistics of work, employment and labour underutilization (resolution I), adopted by the 19th International Conference of Labour Statisticians (October 2013).
Articles 9 through 11. Compilation of statistics of time rates of wages and normal hours of work. Statistics of wage structure and distribution of labour cost. In its report, the Government reiterates that current statistics are collected in accordance with the Statistics (Employment Survey) Order and that these statistics include average weekly hours and average weekly earnings for full- and part-time employees by sector, nationality, industry and occupation. The Government once again indicates that statistics relating to monthly hours worked are not available for monthly paid employees and that no changes are currently envisaged to provide this data. The Committee notes that wage structure and distribution statistics include the number of employee jobs, average weekly hours, average weekly earnings, average overtime hours and average overtime earnings for weekly paid employees. These are also disaggregated by sector, nationality, industry and occupation. The Committee requests the Government to continue to provide information on any developments in the collection, compilation and dissemination of the statistics required under Articles 9 through 11 of the Convention.
Article 13. Household income and expenditure. The Committee notes the Government’s indication that the results of the Family Expenditure Survey conducted in 2008–09 are still not published. The Committee once again requests that the Government provide information in its next report on the results of the Family Expenditure Survey as well as any available relevant methodological information. In addition, the Committee requests the Government to provide information regarding plans for carrying out a new round of the Family Expenditure Survey.
Article 14. Statistics of occupational injuries and occupational diseases. The Government reiterates that, pursuant to the Employment Injuries (Claims) Regulations, all claims for an employment injury benefit must be made in writing to the Director for Social Security on the form approved by the Director, who is thus able to compile these statistics without requiring any input from representative bodies. In addition, the Government provides information on reported occupational injuries and diseases derived from the records of the Directorate of Social Security for the period from June 2016 through May 2020. The Committee requests the Government to continue to provide statistics on reported occupational injuries and diseases derived from the records of the Directorate for Social Security.
Article 15. Statistics of industrial disputes. The Committee takes note of the information provided by the Government indicating that no comprehensive statistics on industrial disputes are currently maintained. It notes with interest the Government’s indication that the Industrial Relations Office has noted the Committee’s request and will be developing an appropriate methodology for the collection of statistics on industrial disputes. The Committee requests the Government to provide information on any developments in the application of this Article and reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Adopted by the CEACR in 2019

C045 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s indication, in reply to its previous request, that neither Convention No. 45 nor the Safety and Health in Mines Convention, 1995 (No. 176), has any application in Gibraltar. The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow up with the member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176.
The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider taking the necessary steps towards extending the application of up-to-date OSH instruments to Gibraltar.

C081 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Article 3(1)(a), (b) and (2) of Convention No. 81. Additional functions entrusted to labour inspectors. Control of registration of employment vacancies and issuance of work permits. The Committee notes the Government’s indication that under the Employment Regulation (Offences) Act, labour inspectors are empowered to issue fixed penalty notices that can range from £750 for failure on the part of an employer to register a termination of employment to £3,000 for failing to register a vacancy, the engagement of a new employee or the request for a work permit. It notes in this respect that pursuant to Part III of the Employment Act, the Director of Employment may require: (a) notification to him of any employment vacancy before that vacancy may be filled; and (b) that an employer obtain permission from the Director prior to employing any workers (work permit).
The Committee recalls that, according to Article 3(1) and (2) of the Convention, the primary functions of the labour inspection system shall be to monitor and secure the conditions of work and the protection of workers while engaged in their work and any further duties which may be entrusted to labour inspectors should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to take specific measures to ensure that any functions assigned to labour inspectors to monitor registration of employment vacancies and work permits, or issue penalty notices related to such registration, do not interfere with the main objective of labour inspectors to secure the enforcement of legal provisions relating to conditions of work and the protection of workers as required under Article 3(1) of the Convention. It requests the Government to provide information on the time and resources spent on labour inspection activities in these areas compared to activities spent on securing the enforcement of legal provisions relating to conditions of work and the protection of workers.
Articles 10, 14, 16, 20 and 21. Number of labour inspectors and coverage of inspections. Annual labour inspection reports. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the statistical information provided by the Government, in reply to its previous request, on the labour inspection activities performed during fiscal years 2016 to mid-2019. The Committee notes a reduction of the number of labour inspectors, from a total of five inspectors in 2017 to three in 2019, despite an increase in the number of employers subject to inspection from 5,574 (with 34,715 employees) to 5,926 employers (with 37,711 employees). It however notes a rise in the number of inspection visits carried out in fiscal years 2017–18: 495 visits (up from 398 visits in fiscal years 2016–17) which resulted in the detections of 88 violations and the issuance of 21 fines. The Committee also notes that for the fiscal year 2017–18, 119 minor accidents and 28 serious accidents were reported to the labour inspectorate with no notifications made on occupational diseases, while for the fiscal year 2018–19, 152 minor accidents, 29 serious accidents, and one case of occupational disease was reported. The Committee requests the Government to provide detailed information on the manner in which labour inspection activities are carried out with respect to occupational safety and health (OSH) issues, and to continue to provide statistical information on the number of labour inspections performed in the areas of OSH and working conditions. It also requests the Government to provide further information on the measures taken to ensure the notification of cases of occupational diseases to the labour inspectorate, in accordance with Article 14. Finally, the Committee requests the Government to indicate whether annual labour inspection reports containing the statistics provided by the Government are published in accordance with Article 20(2) of the Convention.
Article 12(1) and (2). Right of inspectors to enter freely any workplace liable to inspection. The Committee notes that under section 17(1)(a) and (d) of the Employment Act, labour inspectors shall be empowered to enter at all reasonable times any premises, ship or other place liable to inspection under the Act, and with the prior written authority of the Director, to do anything necessary to ensure that the Act is complied with or to detect any breach of this Act. However, the Committee notes the absence of a provision, which as a matter of principle, empowers labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12 of the Convention. Moreover, the Committee notes that the Factories Act regulating appointment and powers of inspectors in the areas of OSH does not appear to contain any provisions empowering inspectors to enter freely any workplace liable to inspection. The Committee requests the Government to provide information on the exercise by inspectors in practice of the powers in sections provided for in section 17(1)(a) and (d) of the Employment Act, including further information on the requirement to obtain written authority from the Director, the modalities for obtaining this, including if a separate request is required before each inspection. The Committee also requests the Government to indicate whether labour inspectors entrusted with supervising compliance with the Factories Act are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of the Convention.

Labour administration: Convention No. 150

Articles 5, 6(1) and (2) of Convention No. 150. Preparation and implementation of laws and regulations giving effect to the national labour policy, in consultation and cooperation with the most representative organizations of employers and workers. The Committee notes that section 6 of the Employment Act establishes the Condition of Employment Board which comprises a chairperson and independent persons as the Minister may appoint, as well as the equal number of representatives of employers and employees as the Minister may appoint. Section 7 of the Act provides that the functions of the Board shall be: (a) to make recommendations to the Minister as to any general minimum standard conditions of employment; (b) to make recommendations to the Minister as to any particular minimum standard conditions of employment on any matter referred to the Board by the Minister; and (c) to advise the Minister on any matter relating to conditions of employment, or on any matter referred to the Board by the Minister. The Committee requests the Government to provide information on the manner in which the Condition of Employment Board currently functions and contributes to the preparation, administration, coordination, checking and review of national labour policy.
Article 7. Gradual extension of the functions of the system of labour administration to certain categories of workers. The Committee requests the Government to provide information on the coverage of the labour administration system, and on any measures taken to extend this coverage to categories of workers not previously covered, such as those referred to in Article 7 (a)–(d) of the Convention with a view to meeting the needs of the largest possible number of workers.
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