I. European context
Latest efforts in enhancing the European contribution towards ensuring increased employment protection of seafarers and bolstering the so-called blue economy have led to the adoption of Directive (EU) 2015/1794 on seafarers (“Directive on Seafarers”).
The Directive on Seafarers is intended to amend the EU labour legislation, that currently either excludes seafarers from its scope or allows Member States to exclude them. Member States are expected to implement the Directive on Seafarers by 10 October 2017 by adapting, accordingly, the national laws implementing the EU legislation below:
- Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer;
- Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees;
- Directive 2002/14/EC establishing a general framework for informing and consulting employees;
- Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies;
- Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses.
II. Romanian national level
The draft legislation implementing the Directive on Seafarers aims to both enable effective employment protection for seafarers and to reflect the specificities of the sector concerned. This legislation is currently under public debate in Romania.
The table attached presents a brief outline of current legislation versus the envisaged changes.