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Working on Irish Fishing Vessels

Permission to Work

Nationals of non-EEA (European Economic Area) countries require an employment permit or other worker permission in order to work in Ireland. 

The Department of Justice’s Atypical Working Scheme (AWS) for non-EEA crew in the Irish fishing fleet, established in 2015 was reviewed by a cross governmental group in November 2022.  A recommendation of the group was to move the role of sea fisher from the AWS to the Employment Permit System which is administered by the Department of Enterprise, Trade and Employment. The Atypical Worker Permission Scheme for non-EEA Fishers has, therefore, been closed by Immigration Services

The role of sea fisher in the Irish fishing fleet is now eligible for a General Employment with a minimum salary requirement of €34,000, up to a quota of 150 permits.

Further information in relation to the application process for employment permits can be found by clicking Employment Permits Webpage

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Rights and Entitlements of Workers on Fishing Vessels

Contract, Terms and Wages

1.  An employer must provide an employee with a written statement of certain particulars of terms of employment within one month of commencing employment.

2.   An employer must also notify each new worker, in writing, within five days of commencement of employment, of the following core terms of employment:

  • the full names of the employer and the employee;
  • the address of the employer;
  • the place of work
  • the title, grade, nature or category of work for which the employee is employed or a brief description of the work
  • the date of commencement of the contract of employment
  • the expected duration of the contract, in the case of a temporary contract, or the end date if the contract is a fixed-term contract;
  • the rate or method of calculation of the employee’s pay;
  • the number of hours the employer reasonably expects the employee to work per normal working day and per normal working week and any terms or conditions relating to hours of work, and
  • the duration and conditions relating to a probationary period, if applicable

Existing workers may also make a written request to an employer for a "Day 5" statement. Upon receipt of a written request, an employer must issue a "Day 5" statement within 2 months of the date of the request.

3.  Workers are entitled to a minimum rate of pay which is currently €12.70 per hour worked, in line with the National Minimum Wage. Workers employed on the basis of an Employment Permit are entitled to the rate of pay detailed on the permit.

4.  Workers must be given a payslip or statement of wages and deductions with each payment or as soon as possible after the credit transfer has taken place.

Training

5.   Workers must be given all appropriate training for the job. If the worker does not already hold a Bord Iascaigh Mhara (BIM) Safety Card issued within the past 5 years, the employer must ensure, in the first week after commencement of the contract, that the worker undertakes Basic Safety Training with BIM.

Working Time and Leave

6.   Workers are entitled to 4 weeks paid annual leave per leave year or 8% of the hours worked in a year whichever is the greater. Pay for annual leave must be given in advance and calculated at the worker’s normal weekly rate.

7.  Workers are entitled to a paid day off, an additional day of annual leave or an additional day’s pay for Public Holidays. If the employee is not working on the public holiday, he/she must get their normal day’s pay. If the employee works on the public holiday, he/she is entitled to either paid time off or an additional day’s pay. There are ten Public Holidays each year;

  • 1st January
  • 1st Monday in February*
  • 17th March
  • Easter Monday
  • 1st Monday in May
  • 1st Monday in June
  • 1st Monday in August
  • Last Monday in October
  • 25th December
  • 26th December

*From 2023, there is a public holiday on the first Monday in February, except where 1st February falls on a Friday in which case that Friday 1st February will be the public holiday.

8.  Workers on fishing vessels may not, on average over a 12-months period, work more than 48 hours in any week.

9.  The following are the limits on working hours and minimum rest periods:-

 

In any 24-hour period

In any 7-day period

Maximum Hours of Work

14

72

AND

Minimum Hours of Rest

10

77

10.  A record of the daily hours of work or rest must be completed monthly in arrears and kept on board the fishing vessel. This record must be signed by the Owner/Skipper and the worker and a copy of the completed and signed form must be given to the worker.

11.  Workers should receive a copy of the Vessel Owner’s Health and Safety Statement at the commencement of employment.

Termination of Employment

12.  Workers who have been in continuous employment for at least 13 weeks, are entitled to the following notice of termination of employment:-

Length of Service

Minimum Notice

13 weeks to 2 years

1 Week

2-5 years

2 Weeks

5-10 years

4 Weeks

10 to 15 years

6 Weeks

More than 15 years

8 Weeks

13.  Workers who have been in continuous employment for at least 13 weeks must give at least one week’s notice of termination.

Complaints and Redress

Complaints in relation to contraventions of, and disputes as to entitlements under, employment legislation, including terms of employment, minimum pay rates, payment of wages and public holiday and annual leave entitlements, may be presented/referred to the Director General of the Workplace Relations Commission. Details in relation to making such a complaint may be found here.

Complaints in relation to hours of rest/work may be made to

The Department of Transport, Tourism and Sport
Marine Survey Office
Leeson Lane
Dublin 2

Inspectors of the Workplace Relations Commission carry out port inspections of fishing vessels from time to time to check compliance with employment rights legislation. As part of these inspections, Inspectors will interview workers to check that they are receiving their entitlements.

Further Information

Information on employment rights is available from the Workplace Relations Commission’s Information Centre at 0818 80 80 90 and on www.workplacerelations.ie. A translation facility is available on this website. Enquiries may also be made using the WRC Contact Page on this website.

Information Guides and booklets, are available in our PublicationsGaeilge & other languages sections.

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