Act On Seafarers' Employment Etc.

Original Language Title: Bekendtgørelse af lov om søfarendes ansættelsesforhold m.v.

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Overview (table of contents)

Chapter 1

Introduction


Chapter 2

Service Agreement etc.


Chapter 3

Ship Service


Chapter 4

Dispute about the service and complaint handling on board


Chapter 4 a

Loading and signings


Chapter 5

Penalties


Chapter 6

Special provisions


The full text
Act on seafarers 'employment etc.1)
hereby promulgated law on seafarers' employment, etc., see. Legislative Decree no. 742 of 18 July 2005 with the changes imposed by § 2 of the Law no. 547 of 8 June 2006, § 14 of law no. 1563 of 20 december 2006, § 2 of the law no. 349 of 18 april 2007, § 1 of law no. 511 of 17 June 2008, § 2 Act no. 493 of 12 May 2010, § 3, no. 1 and 3 of law no. 251 of 30 March 2011, § 3 of law no. 622 of 14 June 2011, § 65 of law no. 1231 of 18 december 2012 and § 5 of the law no. 618 of 12 June 2013.
the change resulting from § 3, no. 4, of law no. 251 of 30 March 2011 amending the Merchant Shipping Act Act on maritime safety and the seamen's Act, were not included in this consolidated act as the effective date of this change determined by the business and growth Minister referred. § 5, paragraph. 1 of Law no. 251 of 30 March 2011.

Chapter 1

Introduction

§ 1. The term seafarer covers of this Act any person other than the master, who is employed, engaged or working on board a Danish ship, and not exclusively on board while the ship is in port. For the master finds § 49 shall apply.

PCS. 2. In the event of doubt as to whether any categories of persons to be regarded as seafarers for the law, the question of the Danish Maritime Authority after consultation with the organizations of shipowners and seafarers question relates. Danish Maritime Authority's decision to appeal.

PCS. 3. A fixed-term service agreements means agreements where the date of expiry of the employment are determined based on objective criteria such as a specific date, completing a specific task, including a specific trip or occurrence of a specific event.

§ 1a. The shipowner must ensure that the provisions of this Act and regulations issued pursuant to this Act, including regulations on employment are observed. Shipowners must also ensure that the seafarers' rights under the employment contract are met. The shipowner must also ensure that the master has the opportunity to fulfill the obligations of this. The obligations under the first-third section. the responsibility of the owner, whether other organizations, companies or persons responsible for certain of the duties or responsibilities on behalf of the shipowner.

PCS. 2 pcs. 1 shall apply even if someone other than the owner's employer. In these cases, the obligations of employment contracts in accordance. § 3, and the provisions of the law that governs the employment relationship, also the employer.

PCS. 3. If the shipowner fully or partially left its duties and responsibilities under this Act or the employment contract to another person or organization paragraphs. 1 also apply to the person concerned as regards the acquired duties and responsibilities.

PCS. 4. Business and Growth Minister may lay down rules concerning obligations under paragraph. 1-3.

§ 2. (Repealed.)

Chapter 2

Services Agreement etc.

1. Service Agreement conclusion and termination

§ 3. Business and Growth Minister may lay down rules regarding the agent's or employer's obligation to establish written agreements with the employees, including the creation of such hyre- and employment, and the owner's or the employer's obligation to inform the employee of the conditions applicable to the agreement and working conditions. The form and content of hyre- and employment contracts is determined by consulting the Ships Inspection.

PCS. 2. The master may, on behalf of the shipowner to hire the necessary personnel. Before the machine crew hired, the master shall, where possible, obtain proposals from the chief engineer. He should also consult with the chief mate on hiring dæksmandskab and the chief steward on the employment of assistants for this.

PCS. 3. The seafarers before an employment contract is signed, have the opportunity to review it and seek advice on its terms.

PCS. 4. The renewal of successive fixed-term service agreements can only be made if the conditions of § 5, paragraph. 1 of the Act on fixed-term work are met.


§ 4. No one under 16 may be used for work on board.

PCS. 2. No one may join or serve on board before they have successfully gone through it for such a service prescribed medical examination. The employer bears the cost of the medical examination. Likewise hold employer expenses for medical examination of students who have signed a training contract with an approved shipping company, while the state bears the cost of medical examinations of other students in the approved maritime education, where it is an admission that the student has an approved medical examination.

PCS. 3. Business and Growth Minister sets regulations on medical examinations, including the payment for the study.

PCS. 4. For the protection of seafarers under 20 years business and growth minister from the provisions in §§ 5, 6, 7, 11, 19, 20, 27, 57 and 58.

§ 5. Each party may terminate the service agreement with 7 days notice, unless otherwise stipulated by the agreement referred. However, § 19 of this Act and § 9 of the Act on equal treatment of men and women in employment and maternity leave, etc. There can not be agreed shorter notice period for the shipowner than for the seafarer.

§ 6. If not otherwise agreed on severance port can service agreement only to expire in the Danish port of call. Termination may, unless otherwise agreed, be made only to the resignation of ports in the Faroe Islands or Greenland, when the seafarers are domiciled respectively in the Faroe Islands or Greenland.

PCS. 2. If the seafarer not domiciled in Denmark, or is he not, engagement in Denmark, the service agreement is also to expire in the foreign port of call, unless the port alone tempered briefly for refueling or disembarking sick or injured or otherwise in the interest to those on board, the ship or cargo security.

PCS. 3. If a fixed-term service agreement expires while the ship is underway, continues the seafarer's employment relationship until the ship comes to port. Service terminates not in a foreign port, which made short-stay visas listed. Paragraphs. 2.

PCS. 4. If a seafarer with a fixed-term service agreement remain in service after the agreement has expired, and without a new agreement on severance port concluded, paragraph. 1 and 2 are applicable.

PCS. 5. If the office of the seafarer by the shipowner's termination or expiry of a fixed-term service agreement in a port of call outside the seafarer's home country, the right of the seafarer to travel to maintenance to his residence on owner's account.

§ 7. A seafarer who have served on the same ship or ships belonging to the same nests for 6 months or on a ship registered in the Danish International Register of Shipping for 12 months and has terminated the employment relationship with one month's notice or, if shorter notice is agreed, as with this notice, notwithstanding any agreement to resign in every port of call. Redundancy can not be done in a foreign port, which made short-stay visas listed. § 6 paragraph. 2.

PCS. 2. The seafarer may give written consent for that new deadlines of up to six months at a time can start running. Consent may not be issued earlier than one month before the expiry of a deadline. The seafarers but shall not serve for a continuous period on the same ship or ships belonging to the same owner for 12 months.

§ 8. A seafarer who is resident in Denmark and in the last 3 months have not had access to resign in a Danish port, are entitled to free travel to his home if he continuously has been in service on the same vessel or on vessels belonging to the same nests for 6 months. State and shipowner each pay half of the cost of the journey to maintenance. The right to free travel is not affected by the seafarer during the last 3 months had access to resign in Faroese and Greenlandic port unless he is domiciled in the Faroe Islands or Greenland.

PCS. 2. The seafarer shall continue the service for up to 1 month, if it can be expected that the ship within the time comes to a port from where the return journey can be arranged substantially cheaper or easier.

PCS. 3. If the office of the seafarer after resignation or resignation, the demand for free return is made within the same time as the termination or request for resignation.

PCS. 4. The return journey arranged by the Consul or, if there is no Danish consul at the place of the master. Ordner consul return journey, the master shall on request provide security for the owner's share of the cost.

1 a. Signing and dissemination of seafarers


§ 8 a. Private forhyrings- and brokerage services for seafarers whose primary purpose is to forhyre or mediation for seafarers or signs on the crews or intermediary work for a significant number of seafarers can only be operated within Denmark if they are certified to do so by Danish maritime Authority.

PCS. 2. An owner who uses a Danish private forhyrings- and communication service for seafarers must ensure that the service has a valid certificate under subsection. 1.

§ 8 b. Recruitment and dissemination of seafarers in Denmark applies

1) the certification is granted for a limited period and may be revoked in case of violation of the certification conditions or rules laid down under this Act

2) the seafarer during all negotiations of recruitment shall have the right to freely choose ship, like a ship owner or a master shall have the right to freely choose his crew, and

3) that the hyre- and employment contract shall state that provided assurance that all stakeholders are protected and that given the seafarers with the opportunity to familiarize themselves with the agreement.

PCS. 2. The Danish Maritime Authority may lay down detailed rules for engagement and communication for seafarers in Denmark.

§ 8 c. Shipowners using private forhyrings- and brokerage services for seafarers in countries that have ratified the ILO's Maritime Labour Convention and ILO Convention no. 179 on recruitment and dissemination of seafarers (1996), to ensure that the services at issue a certificate or a license demonstrating that they operated in accordance with the requirements of the Convention. Where the country concerned is not such certificates or licenses to private forhyrings- and communication services, the shipowner shall ensure another kind of official confirmation that such services operate in accordance with the requirements of either of those conventions.

PCS. 2. Shipowners using private forhyrings- and brokerage services for seafarers in countries that have not ratified the ILO's Maritime Labour Convention and ILO Convention no. 179 on recruitment and dissemination of seafarers (1996), must demonstrate that the services comply the requirements for forhyrings- and brokerage services, resulting from the relevant conventions.

PCS. 3. The Danish Maritime Authority may approve that a shipowner use a private forhyrings- and communication service for seafarers in a country that has not ratified the ILO's Maritime Labour Convention and ILO Convention no. 179 on recruitment and dissemination of seafarers (1996), and charge to cover the costs of the approval. The approval granted for a limited period and may be revoked.

PCS. 4. The Danish Maritime Authority may prohibit the use forhyrings- and brokerage services in specified countries whose forhyrings- and transfer services in the countries in essential respects does not meet the requirements arising from the ILO's Maritime Labour Convention and ILO Convention no. 179 of recruitment and communication for seafarers (1996).

§ 8 d. Complaints of Danish private forhyrings- and brokerage services or private forhyrings- and communication services authorized by § 8 c, paragraph. 3, may be submitted to the Danish Maritime Authority.

§ 8 e. It is every owner free of observing the rules issued pursuant to § 8 b to provide manpower for his ship through the ship's officers or in the company's fixed service above office, but there can be no requirement that the seafarer pay fees for the service.

§ 8 f. DMA can convey internships for students at maritime training.

2. The seafarers' right to demand discharge and economic protection of abandoned seafarers

§ 9. A pregnant seafarers have the right to demand discharge, when the exigencies of herself, the impending birth or the baby may be deemed necessary. Business and Growth Minister may lay down rules on the right to resign and the right to free travel with maintenance to his residence in Denmark for the account.

§ 10. A seafarer may demand discharge if he engagement, it is informed that he on another ship can get the position of greater than he, or any other position of major importance to him, or whether other circumstances that make it to a velfærdssag for him to be able to retire. If the ship is unseaworthy thereby, the seafarer can only demand discharge under the 1st clause. If a skilled man can be disposed in his place.


PCS. 2. The seafarers to replace the owner the cost of obtaining a new man after paragraph. 1. Compensation may be reduced or waived under the terms of the seafarer's remaining service and other circumstances.

PCS. 3. The seafarer may demand discharge when there is an employment situation that can be attributed to the rule in § 1. 1 of the Act on Employees' Guarantee Fund or when the shipowner material breach of the seafarer's employment contract and the seafarer does not have the right to demand discharge under other provisions of the law. Shipowners shall, then the seaman's journey to maintenance to his place.

§ 10a. In order to strengthen the protection of persons as a result of the owner's material breach of their contract of employment is left on a Danish ship or on a foreign ship in a Danish port, Danish Maritime Authority may grant subsidies to cover the cost of

1) maintenance on board, including catering, security of heat, electricity, communication, hygiene, etc. until repatriation takes place and

2) return to maintenance, to the extent that this does not follow from other provisions of the Act.

PCS. 2. If a seafarers taken hostage in connection with piracy, the Danish Maritime Authority, as long as the seafarers held hostage, provide grants for reasonable maintenance of the seaman's spouse and children under 18, to whom the seafarer has dependents, if these do not have or get funds for their support.

PCS. 3. a special fund to in paragraph. 1 and 2 grants to be determined in the annual budgets.

PCS. 4. Business and Growth Minister may decide that in paragraph. 3, the pool represents financial security to cover return travel costs, etc., subject to the rules of § 6 paragraph. 5, § 8 paragraph. 1, § 10 paragraph. 3, §§ 11-14, § 18 paragraph. 2, §§ 18 b, 19 and 30, § 48 paragraph. 2 and § 49.

§ 11. The seafarer has the right to demand discharge if:

1) the ship is unseaworthy or crew accommodation is wholesomeness and the master does not ensure that the deficiencies are rectified

2) the master contrary to § 56 fails to let the ship sight, or

3) the seafarer has been ill-treated on board the ship without captain despite his knowledge by granting him protection.

PCS. 2. A seafarer who leaves after paragraph. 1, are entitled to compensation and free travel with maintenance according to § 18 paragraph. 1 and 2.

§ 12. The seafarer has the right to demand discharge if, after engagement, it turns out that a malignant epidemic prevails in a port which the ship is bound.

PCS. 2. The master shall by notice or otherwise to familiarize the crew with the ship's itinerary and changes therein.

PCS. 3. Demands for resignation must be made soon after the seafarer has obtained knowledge of the relationship. If the journey has not begun, the seafarer's right to resign immediately and otherwise in the first port or anchorage, ship. If the ship does not call at any port or red, before it is expected to pass the areas where prevailing conditions referred to in paragraph. 1, the master after the seafarer's request, provide this access to resign if there is a chance to land the.

PCS. 4. If the office of the seafarer, the shipowner shall pay the costs of the seaman's journey to maintenance to the place or by the shipowner's rule of engagement, and the state reimburses the owner 25 percent. of the cost.

PCS. 5 pieces. 4 does not apply if you disposed of the seafarer similar position at another Danish ship at the site.

§ 13. If a seafarer, engagement for a specific trip and this is significantly altered, he may demand discharge. § 12 paragraph. 3, 1st and 2nd clauses. Shall apply mutatis mutandis.

PCS. 2. If the office of the seafarer, he is entitled to his pay for a month after they have ceased. Moreover, he has the right to free travel on maintenance of engagement, if he resigns before the journey has begun, and otherwise to the agreed place of discharge.

§ 14. Mister ship right to fly the Danish flag, the seafarer can demand discharge if not otherwise provided by the agreement.

PCS. 2. The same applies if the ship is taken over by another Danish shipowner and the seafarer on request by the master as soon announces that he does not want to continue the service relationship with the new owner.

PCS. 3. discontinues the seafarer's employment relationship by paragraph. 1, he is entitled to compensation and free travel with maintenance according to § 18 paragraph. 1 and 2.


§ 15. A seafarer who by agreement or by the provisions of this chapter have the right to resign, must remain in service for providing assistance in the work necessary must be performed when the vessel arrives in port, but no longer than 48 hours after arrival. This does not apply to leave after § 18 e, paragraph. 1.

PCS. 2. Should a maritime inquiry is made, he must at hire and maintenance continue to be present for the statement was made.

3. Master's right to dismiss a seafarer

§ 16. The master may dismiss a seafarer who, because of illness or bodily injury for a long time is unfit to carry out his work, see. However, § 9 of the Act on equal treatment of men and women in employment and Maternity Leave, or suffer a disease endangering its occupants. §§ 29 and 30 on the right to hire, etc. apply.

§ 17. The master may dismiss a seafarer if he

1) is incompetent for his service

2) do not come on board at the right time and the ship is scheduled to depart or another is likely in his place

3) imprudently, roughly in the service, such as by repeated disobedience, violent behavior against other occupants or intoxication

4) is guilty of theft or other serious crime

5) The safety of the ship with serious difficulties of hiding someone on board

6) hides the goods on board which are dutiable or prohibited to perform from departure or the introduction of destination, or

7) contrary to § 64 shall refer a dispute about the service of foreign court.

PCS. 2. Will the master dismiss a seafarer under subsection. 1, no. 3-7, he must notify the seafarer without delay and no later than 7 days after that he has obtained knowledge of the facts justifying the parting, unless special reasons, exceeding this time limit required.

PCS. 3. Dismissed a seafarer under subsection. 1, he is not entitled to wages for longer than they have served. If the case of dismissal under paragraph. 1 pt. 2 prove that the seafarer is not at fault, and he is unable to work because of illness or bodily injury, he has the right to hire according to § 29 paragraph. 2.

§ 18. Dismissed a seafarer no such reason, mentioned in § 16 or § 17, he is entitled to wages for two months after they have ceased if the general liability rules not permitting a larger amount.

PCS. 2. The seafarers are also entitled to free passage with maintenance to his residence or other agreed place for owner's account.

PCS. 3. If the office of a seafarer upon termination of the agreement or pursuant to § 6 specific retirement place in the master's provision prior notice period of hire and maintenance to the closing date, paragraphs. 1 and 2 do not apply.

3 a. The seafarer's right to terminate the service of war danger, etc. and the shipowner's duty to care for seafarers at risk of piracy

§ 18 a. The seafarer has the right to terminate the service on board immediately, otherwise the first port or red, the ship calls if the ship before departure from port is required to proceed to an area where

1) there is a danger that the ship will be seized by belligerents, suffered war damage or a dangerous situation that can be equated therewith, or

2) such danger has been significantly increased.

PCS. 2. If the ship after leaving port is required to proceed to an area referred to in paragraph. 1 pt. 1, the seafarers always entitled to terminate the service on board.

PCS. 3. If after the ship's departure from the last port, a situation referred to in paragraph. 1 pt. 2, the seafarer's right to terminate the service on board, if established for another reason related to land.

PCS. 4. The master shall by notice or otherwise making the crew familiar with the ship's itinerary and changes therein.

PCS. 5. Requirements to retire from the service on board must be made soon after the seafarer has obtained knowledge of the relationship.

§ 18 b. If the office of the seafarer in accordance with § 18a, each of the parties, regardless of what is provided in § 6 of the port of discharge, terminate the employment relationship with the agreed or in § 5 or § 37 mentioned notice.

PCS. 2. The termination of the employment relationship under paragraph. 1, the shipowner shall pay 75 per cent. and the State 25 per cent. of travel expenses to maintenance to the place or by the shipowner's provision of engagement. The shipowner expounds the state's share refunded by the Danish Maritime Authority.

PCS. 3 pieces. 2 shall not apply if there can be provided the seafarer similar position at another Danish ship at the site.


PCS. 4. During the stay at the place of the shipowner shall pay the cost of the seafarer's maintenance.

PCS. 5. As long as the employment relationship exists, finds § 35 correspondingly to ship employees.

§ 18 c. If a ship enters waters or ports, where there is danger of piracy, the owner a duty to care for seafarers. The shipowner shall, in accordance with what is considered as good shipping practice, take measures in order to prepare the ship and the crew of possible attacks, prevent attacks and deal with cases where the ship is attacked, including the crew members taken hostage.

3 b. Seafarers' exemption from service charges in connection with pregnancy and maternity

§ 18 d. Business and Growth Minister shall lay down rules on seafarers exemption for service on board due to pregnancy and childbirth.

PCS. 2. A seafarer who leaves due to pregnancy or require removal by § 9, the right to pregnancy / maternity hire. This only applies as long as she does not have another job, and no more than 2 months from the date of termination.

PCS. 3. Is the seafarer's service agreement limited in time, can account's obligation to pay wages pursuant to subsection. 2 does not extend beyond the time when the employment relationship under the agreement is terminated.

3 c. Seafarers' entitlement to due to urgent family reasons

§ 18 e. A seafarer is entitled to leave without pay for urgent family reasons apply in cases of sickness or accident that makes the seafarer's immediate presence indispensable at home (force majeure).

PCS. 2. During leave, the seafarers, irrespective of what is provided in § 6 of the port of discharge, terminate the employment relationship with the agreed or in § 5 or § 37 mentioned notice.

4. Service Termination by the loss of the ship

§ 19. If the ship is lost at sea accident, or if it after casualty irreparable, cease seafarers' conditions of service, unless otherwise provided in the agreement. Towards hire and maintenance he shall participate in the salvage operation and be on site for a maritime inquiry has been given.

PCS. 2. discontinues service ratio as mentioned, the right of the seafarer necessary clothing and free travel to maintenance to his residence on owner's account.

PCS. 3. Under the paragraph. 2 shall return, seafarers have the right to hire. He is also entitled to wages for the time he is unemployed as a result of the sinking, but no more than 2 months beyond the time for which he hire by paragraph. 1.

§ 19 a. Seafarers held hostage in connection with piracy, can not be dismissed. The employment relationship shall not cease even if the ship is lost in connection with piracy or the owner can no longer dispose of it.

PCS. 2. The hostages have at release entitled to free travel on maintenance for own residence for the owner's account.

5. Some common rules on retirement

§ 20. If the authorities in a foreign port where a seafarer must resign, refusing him access to the country or determines his access thereto of a security that he can not ask, he must remain in service until the ship comes into port, where redundancy is possible. He also has the right to remain in service, where this would not seem unreasonable.

6. Calculation and payment of wages

§ 21. The wages run from and including the day of the seafarer entering the service on board. If he at the request of the shipowner handing discharge book or passport before or must make travel from the place of engagement to get to the ship, runs wages, however, as from the day when delivery takes place or the voyage begins.

PCS. 2. The wages run up to and including the day of service terminates, or if termination occurs after that date, up to and including termination date.

PCS. 3. Wages are not paid for the time during which the seafarer unjustified evade its service.

§ 22. In calculating wages for part of a month is considered the per. day to 1/30 of the monthly salary.

PCS. 2. Are the wages agreed to a certain amount of travel, be it in service agreement recorded stating the anticipated duration basis in cases where hiring is to be calculated by time.

PCS. 3. Although the journey is going to last a shorter time than provided by engagement, has the seafarer claim the full agreed hire. Coming journey to last longer than expected, he is entitled to a proportionate allowance, unless otherwise agreed.


§ 23. Being a travel wholly or partly carried out with less personnel than assumed by engagement, or is it working personnel diminished during the trip, distributed saved hire for the duration of the ship is at sea equally between the seafarers of the reduced manpower group unless it demonstrated that the reduction has not applied the group increased work.

PCS. 2. In the saved wages deducted from the increased expenditure on overtime pay due to the decrease of the crew.

PCS. 3. A seafarer's right to participate in saved wages can not exceed the wages, he himself receives.

PCS. 4. Is there only one mate back, shared spared mate hire just between him and master.

§ 24. Wages must be paid with more than 1 month apart.

PCS. 2. A seafarer can only require hiring paid when the ship is in port, and in the same country not more often than every seven days.

PCS. 3. Wages paid in cash unless the seafarer requires instruction on the shipowner. Down payment may be required in local currency at the closing rate.

PCS. 4. A seafarer may require hiring paid through monthly drag to a specific person. There may not be required payments for more than three parallel features notes.

PCS. 5. A seamen may require all or part of his hire transferred to one or more banks.

§ 25. Without the seafarer's consent, in addition to such amount as under a special legal provision imposed on the shipowner to withhold, only made deductions from wages for amounts to cover liability, as a seaman has contracted for service. Allowance must be made for hire, paid the seafarers, rather than in wages, paid as a row unless the seafarer decides otherwise.

PCS. 2. The operator shall not require that the seafarer at the conclusion of the employment contract or in connection with entering the service must pay an advance to cover expenses for the return journey.

PCS. 3. The shipowner may only make deductions from the seafarers' wages, etc. for return travel after farewell after § 17 if the owner has found that the seafarer in material breach of its obligations under the employment relationship.

§ 26 shall be given the seafarer a monthly statement of earned wages plus, paid wages and the rate is taken into account if payment is made in currency other than the agreed.

7. Nursing and sickness pay, etc.

§ 27. A seafarer must be examined by a doctor when the master requests.

PCS. 2. The master shall as far as possible let the seafarer examined by a doctor if there is reason to believe that the seafarer is sick.

PCS. 3. Medical examinations after paragraph. 1 and 2 shall be made at no cost to the seafarers.

PCS. 4. Is a seafarer sick or injured, the master shall ensure that he is on board or ashore will sound care, less maintenance, medical care and medicines.

PCS. 5. Is there reason to believe that a seafarer suffers from a disease which causes danger to those on board, the master let him bring in the country if adequate measures against the danger can not be taken on board.

PCS. 6. Can a sick or injured seafarers not even take care of his belongings, the master care for them and send them to the seafarer or the seafarer's next of kin.

PCS. 7. If a sick or injured seamen left abroad, the master shall deliver him to the consul's assistance or, if there is no Danish consul on the spot, otherwise give him proper care and notify the nearest Danish consul. If the seafarer want it, the master shall notify his next of kin.

§ 28. When the master abroad leaves a sick or injured seafarers to the Danish consul, the consul require security provided for the expenses which the owner has to pay according to §§ 30 and 34 in connection with a seafarers' care and funeral.

PCS. 2. The master shall surrender consul amount that the seafarer is entitled or which he can claim according to § 29

PCS. 3. Wages Amount, the seafarer is entitled to, he can demand payment, unless the charges should be expected to cover for the cost of the seafarer expense, or he is in a condition that makes him unfit to carry out its affairs.

§ 29. During the service, seafarers have the right to hire, even if he is unable to work due to illness or bodily injury.

PCS. 2. For a seafarer who is sick or injured at the termination of the service, the following applies:


1) Sick wages from running as long as the person is unable to work a maximum of 16 weeks, whether the seafarer's employment is terminated, within less than 16 weeks with effect from the termination of the service.

2) In case the engagement after the expiration of more than 16 weeks from the termination of the service, runs sick wages on to termination of employment.

3) Is the seafarer been incapacitated at a time when that was not in service at one of the company's ships, they count 16 weeks from the time the incapacity for work occurred.

PCS. 3. Are certain signs of illness or bodily injury is not detected, the seafarers not entitled to pay for more days than he has been in the service. Due to the incapacity venereal disease, paid wages by the state.

PCS. 4. The seafarer is not entitled to pay after paragraph. 1 or 2 for the time he is unable to work due to illness or injury, he has fraudulently concealed by his appointment. The same applies if he after recruitment intentionally or by gross negligence incurs a bodily injury or illness, except for venereal disease.

§ 30. During the service carries shipowner to in paragraph. 4-6 exceptions listed the entire cost of a seafarer care.

PCS. 2. Is the seafarer ill or injured at the termination of service, he has to in paragraph. 4-6 exceptions listed right to care for the owner's account for up to 16 weeks, but no longer than two weeks after he has arrived in the country in which he resides. The time is counted from termination date or, if he does not leave the vessel, from the day when the ship sails.

PCS. 3. If the office of a seafarer because of illness or bodily injury, or suffering he resigns from such a disease or injury that can cause termination of service, he has also the right to free travel on maintenance for the owner's account to his place. Have the seafarer not domiciled in Denmark, the shipowner may instead choose to give the seafarer free travel to maintenance to the place where the seafarer stayed as he was, engagement, unless the competent authority in this place deny him access to the country or condition his access has a security which he can not ask.

PCS. 4. The seafarers are not entitled to care or free travel by paragraph. 1-3 if he has fraudulently concealed the disease or legemsskaden by his appointment. The same applies if he after recruitment intentionally or through gross negligence incurs an injury or illness, except for venereal disease.

PCS. 5. If a seafarer is domiciled in Denmark, suffering from venereal disease or tuberculosis, the state pays the cost in the first paragraph. 2 and 3 as set. Paragraphs. 4, said the care and repatriation.

PCS. 6. The operator or the state is exempt from paying the cost in accordance with paragraph. 2 and 3 as set. Paragraphs. 4, to the extent that seafarers are secured in a foreign sickness insurance, sick association, private insurance or social security scheme.

§ 31. If the master in connection with sick or injured seafarers resignation abroad had to pay expenses for repatriation or care or other assistance according forsorgsretlig regulation which is not under Danish law the responsibility of the owner, and which could not be avoided through the assistance of Danish consul, the replacement required by the state.

8. Death and Funeral

§ 32. The death of a seafarer, the master shall inform his closest relatives and arrange for his burial or cremation. If the death occurs abroad, also the nearest Danish consul informed. Finder cremation place, the master shall arrange for repatriation of the ashes.

PCS. 2. The master shall, as soon as possible have an inventory of what the deceased has left on board. Correctness of the list must be confirmed by two people. The master shall send the list and the abandoned possessions of the deceased's next of kin.

§ 33. Where a seafarer runs wages up to and including the day of death, if not according to the provisions of this chapter has ended that run earlier.

PCS. 2. If the ship is missing and that it can be disclosed when the accident occurred, runs wages on to the expiry of the time generally spent for a ship as it crashed to a journey in the same season from the place from where you last had intelligence about the ship and its destination.


PCS. 3. Where a seafarer during the service, the surviving spouse or children under 18, to whom the seafarer has dependents to hire for 1 month. Have the seafarer at death's continuous employment with the owner's service respectively in 2 or 3 years, payable however hire respectively for 2 or 3 months. The same applies if the seafarer dies while he has the right to hire according to § 29 paragraph. 2. In this case, the vessel owner shall deduct wages, he has paid or payable under that provision

§ 34. The shipowner pays the costs of a seafarer for burial or cremation and repatriation and entombment of the ashes, if the seafarer dies during service or while he is still entitled to care according to § 30 paragraph. 2.

PCS. 2. The state pays the costs referred to in paragraph. 1 if the seafarer dies while he has the right to care in accordance with § 30 paragraph. 5.

PCS. 3. § 30 paragraph. 6 and § 31 on the owner's or the state's exemption from paying certain expenses of caring for a sick or injured seafarers shall apply mutatis mutandis, in respect of expenses relating to a seafarer's death.

9. Specific rules on shipping recruitment

§ 35. If it is agreed that the seafarer's employment relationship is linked to the company so that the seafarers' employment with the owner must continue even if the service on each ship ends, § 18 e for leave without pay and the provisions concerning remuneration in § 18 d paragraph. 2 and 3, § 29 and § 33 paragraph. 3, applicable even if the seafarer does not operate on one of the company's vessels at the time the leave or leave of absence begins or incapacity or death occurs. § 30 and § 34 shall apply mutatis mutandis, provided that the disease legemsskaden or death occurs during one of shipowner ordered to stay outside the seafarer's home country.

PCS. 2. The right to care cover, however, only care outside the home country for up to 16 weeks after the illness or injury occurred. § 29 shall not apply in cases where the disease occurs during pregnancy and / or maternity leave.

10. Special provisions on ship officers' service agreements

§ 36. For ship's officers' service agreements apply the preceding provisions to the amendments and additions resulting from §§ 37-45.

PCS. 2. The officers understood stewards, engineers, radio operators and officers. PCS. 1 and §§ 37-45 also apply to the other by the shipowner to ship service staff officers, who have similar management positions.

§ 37. Either party may terminate the service agreement with 3 months' notice, unless otherwise stipulated by the agreement referred. However, § 19 of this Act and § 9 of the Act on equal treatment of men and women in employment and maternity leave, etc. Fixed-term service agreements in the first 6 months after they start by the parties with one month's notice, unless otherwise stipulated by the agreement. Fixed-term service agreements of a purely temporary nature, however in the first month terminated with 7 days notice, unless otherwise stipulated by the agreement.

PCS. 2. There can not be agreed shorter term of notice for the shipowner than 1 month in the first year of employment and three months in the following. This does not apply if the shipowner proves that the agreement has been made on service of a purely temporary nature and the service agreement does not last beyond 1 month.

§ 38. If a ship's officer because of illness or bodily injury for a long time unable to carry out his work, or he suffers from a disease endangering its occupants, he can be terminated, no matter what the service contract provides for place of discharge.

§ 39. Marine officer's right to retire after the § 7 is conditional that he has terminated his service with three months' notice, or if a shorter notice period is agreed, as with this.

§ 40. Was the employment relationship terminated when the ship's officer was incapacitated or terminated it thereafter, the § 29 paragraph. 2 and 3 as defined. § 35, of the right to sickness pay shall apply mutatis mutandis. However, § 44.

§ 41. § 35, see. § 40, of the right to sickness pay, etc. shall apply notwithstanding that a ship officer contract is not linked to a company so that his employment with the shipowner should continue even if the service on each ship ceases.

§ 42. The termination of a ship's officer who has had uninterrupted employment with the company involved in 12, 15 or 18 years, the shipowner at the officer's severance pay an amount equal to 1, 2 or 3 months' pay.

PCS. 2 pcs. 1 shall not apply if the ship's officer on retirement will receive a state pension.


PCS. 3. If the officer on retirement will receive a retirement pension from the owner, and if the officer has intervened in the pension before the age of 50 years, the severance pay.

PCS. 4 pcs. 3 shall not apply if on 1 July 1997, collective bargaining has been given to the issue of reduction or withdrawal of the severance pay due to retirement pension from the shipowner.

PCS. 5 pieces. 1 also applies if the ship's officer unfairly dismissed.

§ 43. If termination of a ship's officer, who has been continuously employed by the company concerned for at least one year before termination, can not be considered reasonably justified in the officer's or company's circumstances, the shipowner shall pay compensation. This fixed with regard to the officer's service and the other the other circumstances, but can not exceed 3 months' pay.

PCS. 2. If a ship's officer employee has been continuously employed in the company involved in at least 10 years, the compensation referred to in paragraph. 1, amount to up to four months' pay. After 15 years of continuous employment in the company compensation may amount to up to six months' pay.

PCS. 3 pieces. 1 and 2 also applies if the ship's officer unfairly dismissed.

§ 44. If a ship's officer because of illness or injury to persons unable to perform his work, this is considered lawful absence unless he knows his employment fraudulently failed to disclose the illness or legemsskaden, or he after recruitment intentionally or through gross negligence incurred the disease or legemsskaden.

§ 45. Dismissed a deck without such grounds set forth in § 17, the ship's officer is entitled to his pay for three months after they have ceased unless general liability rules permitting a larger amount. Moreover, the § 18 on the right to freedom of travel and the resignation before the notice period applicable.

11. Master Services Agreement

§ 46. The shipowner shall ensure the establishment of a written agreement with the master on the rules. The provision in § 3, paragraph. 1 shall apply accordingly.

§ 47. The ship owner may at any time dismiss the master, see. However, § 19 of this Act and § 9 of the Act on equal treatment of men and women in employment and Maternity Leave

PCS. 2. Dismissed master because of incompetence, dishonesty or gross or frequently repeated errors or omissions in the service, it is him not hire for longer than they have served.

PCS. 3. Moreover, the §§ 37-38 on service termination with notice and §§ 40-45 on the right to hire, etc. use.

§ 48. If the ship is lost at sea accident, or if it after casualty irreparable ceases master service relationship, unless otherwise provided in the agreement. Towards hire and maintenance he shall be on site and make sure the scheme of the matters concerning the ship, its occupants or cargo.

PCS. 2. § 19 paragraph. 2 and 3 shall apply mutatis mutandis.

§ 49. For the master, the following provisions shall apply:

1) § 1. 2

2) § 3 paragraph. 3 and 4,

3) § 4, paragraph. 2

4) § 6

5) § 7, paragraph. 1, see. § 39

6) § 7, paragraph. 2, 3rd clause.,

7) § 8

8) §§ 8a-8e,

9) § 10 paragraph. 3,

10) § 10a paragraph. 1 and 2,

11) § 14 paragraph. 1, see. Paragraph. 3,

12) § 15

13) § 18a paragraph. 1 and § 18b

14) § 18 c,

15) § 18 d,

16) § 18 e

17) § 19 a paragraph. 2

18) §§ 21, 22 and 24-26,

19) §§ 27-30, see. §§ 35, 40 and 41

20) § 31

21) §§ 32 and 34

22) § 33, in. §§ 35 and 41

23) § 55, stk. 1 and 2,

24) § 57

25) § 61 and

26) 73 a.

§ 50. If it is agreed that the master has the right to share in the ship's cargo (primage) or any other income of the trip, including compensation for demurrage, or share in the owner's profit (profit share), the shipowner shall pay a proportionate share of the agreed service whose service is terminated before the end of the journey or the financial year.

PCS. 2. If the master right to hire for longer than he has been in the service, paid for the services referred to in paragraph. 1, for the period after they have ceased with the excess of twice the upper guide man's wages exceeds the master's fixed salary.

Chapter 3

Ship Service

1. Management of work on board

§ 51. The master has the highest authority on board.


§ 52. The distribution of work must take into account each person's position on board and wherever possible to his professional skills and knowledge of.

2. General professional obligations

§ 53. A seafarer must comply with the orders he receives in the service, and shall be clearly answers indicate that he understood them. He must also follow the instructions given for the order on board.

PCS. 2. Being a seafarer prevented from coming on board in due time, he shall immediately notify the master.

PCS. 3. The seafarers to replace the damage he caused by fault or negligence in the service.

3. Protection against accidents and health

§ 54. (Repealed.)

4. Diet and Health

§ 55. The master shall ensure that the crew is good and sufficient diet. The diet on board are free for the seafarer under signed on period. Business and Growth Minister may lay down rules on the 1st and 2nd section.

PCS. 2. If the master considers it necessary to reduce the diet during the trip, the crew's claim for compensation.

PCS. 3. The master shall not own expense undertake the crew catering.

PCS. 4. The master must supervise health conditions and cleanliness on board. Business and Growth Minister may lay down rules.

5. Sødygtighedssyn

§ 56. If more than half of the crew complaining about the seaworthiness of the voyage, the master let to a control under the Act on the Supervision of vessels2). In foreign port where control survey under these rules can not be held, the master shall go to the nearest local authority requesting the resignation of the optic men.

PCS. 2. The same applies if the chief engineer or chief mate makes a similar appeal with regard to those parts of the ship, its accessories or equipment he oversees.

PCS. 3. If, in the view that the complaint has missed reasonable grounds, replaced the loss according to § 53 paragraph. 3.

PCS. 4. Held survey after paragraph. 1 and 2 abroad, the local Danish consul, whose case has been presented to him, or else the master, immediately submit the report to the Danish Maritime Authority.

6. Rest periods etc.

§ 57. Søfarendeskal having regular rest periods that are long enough to ensure health and safety. Business and Growth shall lay down rules on seafarers' rest periods and working. The provisions on working hours does not apply to merchant vessels.

7. The seafarers' right to go ashore at leisure

§ 58. A seafarer during the ship's stay in port or safe anchorage right to go ashore in his spare time, unless it is necessary that he be on board for the sake of the ship, the other occupants or the cargo security, execution of necessary ship work or the ship's impending departure or delay.

PCS. 2. The master shall, if taking into account costs and other factors is reasonable, at no cost to the crew arrange for boat connection with the land.

8. The seafarers' belongings mm

§ 59. A seafarer can include items for personal use reasonable if it does not cause inconvenience to the ship or cargo or threat of disorder on board. Without permission from the master he shall not include items for sale on its own or others' expense.

PCS. 2. The seafarer must pay the freight for illegal goods included. § 53 paragraph. 3 applies if the goods are causing injury.

PCS. 3. It is not allowed to bring drugs or other dangerous toxins on board. Without permission from the master must weapons or ammunition not carried on board.

PCS. 4. The master may, if he has reasonable grounds to suspect that something illegal is brought on board, let the seafarer accommodation examine. The seafarers are entitled to be present at the examination.

PCS. 5. What is illegal is included, the master may take into custody, let bring the country or, if necessary, destroy.

§ 60. Leaves a seafarer belongings on board when they have ceased, these must be stored on his behalf on board. The master shall, as soon as possible let the record a list of the survivors belongings. Correctness of the list must be confirmed by two people.

PCS. 2. If storage is not reasonable because of the type of goods, costs or other circumstances, they can be sold in a responsible manner. The same applies if the seafarer not before one year has approached the owner to get the property is handed over.


§ 61. If a seafarer lost or been damaged occupants belongings by shipwreck, piracy, fire or other casualty, the shipowner shall pay compensation. Business and Growth shall lay down specific rules. Deductions can be made for clothing, the seafarer has received pursuant to § 19 paragraph. 2.

9. The Order on board

§ 62. The master may undertake the measures necessary to maintain order on board.

PCS. 2. If the ship is in danger, there is a mutiny among the crew, or is other emergency, the master may use the funds that are necessary and reasonable to provide order. Each crew member shall render assistance, even when not asked.

PCS. 3. If the person refuses to contribute to the maintenance of order on board, added to the injury, he can raise claims if tougher means are used, than the circumstances required.

§ 63. committed a coarser crime on board and the ship is in a Danish port, the master as soon as possible to record a preliminary explanation is that entry in the logbook. This does not apply if the crime is committed on foreign territory and pursued by the site authorities.

PCS. 2. The master shall as far as possible to make sure that suspects do not escape until the Danish consul or the police in Denmark can take care of the matter. The master may for this purpose use the necessary funds, but may not use stricter funds than the purpose demands. Is the crime committed an act covered by Article 3, 3bis, 3ter or 3quater of the UN Convention of 10 March 1988 for the Suppression of Unlawful Acts against the Safety of Maritime Navigation respectively as amended and by the Protocol of 1 November 2005 to this Convention, the master may, however, surrender the suspects to the competent authority outside the kingdom.

PCS. 3. The master shall, as soon as possible, preferably before entering the territorial waters of a State which he intends to hand over a suspect to notify the relevant State authorities that it is his intention to deliver such person and the reasons therefor.

PCS. 4. Objects that are deemed to be important as evidence, be taken into custody by the master. The master shall provide the authority as a suspect surrendered to the necessary information about the offense and hand over the evidence which have been seized.

Chapter 4

Dispute about the service and complaint handling on board

§ 64. A seafarer has the right to complain to the owner of the settlement, ship service, employment or conditions on board. The shipowner has a duty to ensure that complaints are adequately investigated and to develop and implement procedures on board for a fair, effective and expeditious handling of complaints. Business and Growth Minister may lay down rules on complaints, etc

PCS. 2. Disputes over the settlement, ship service, employment or conditions on board should not be brought before foreign courts. Have the seafarers are no other venue in Denmark, the case against the seafarer brought before the court in whose jurisdiction the ship is registered.

PCS. 3 pieces. 2 shall not apply if otherwise provided by the Brussels I Regulation or by rules issued in pursuance of this Act.

PCS. 4. Does the decision payment of an amount of 500 kr., The consul, if circumstances justify it, that that amount or portion thereof must be deposited with him. The deposited amount together with the output of the consul's decision submitted to the Danish Maritime Authority. The amount payable under 6 months later, unless the dispute previously brought before the court.

PCS. 5 pieces. 2 and 3 shall not apply if otherwise provided by law on the Brussels I regulation, etc., including regulations issued pursuant to this Act.

Chapter 4 a

Loading and signings

§ 64 a. Business and Growth Minister shall lay down detailed rules on signing on and signing off and on master's resignation or dismissal.

PCS. 2. The master shall at the muster ensure that the legal requirements for the seafarers concerned are met, in particular the age, health and educational requirements.

PCS. 3. Business and Growth Minister may, in agreement with the minister decide that the Danish Maritime Authority's powers under subsection. 2 exerted by other public authorities, and may set rules.

§ 64 b. Danish Maritime Authority may by the owner or master of obtaining information about the ship and crew on board, which is necessary for mønstringskontrollen. The Danish Maritime Authority is also entitled to conduct inquiries that are necessary for control.


PCS. 2. Business and Growth shall lay down rules on proof of signing on and discharge and crew lists, as well as rules on the issue, use and registration identity card for seafarers, including the rejection of the request for issuance of identity documents or withdrawal of an already issued certificate if the those considered to pose a security risk. The Minister also lays down rules on the payment of the issuance of such certificates etc.

Chapter 5

Penalties

§ 65. 3) Overrides shipowner his duties under § 55 or § 73a or its obligation under § 1 a to ensure compliance with § 12 paragraph. 2 and 3, § 18 a paragraph. 1-4, § 18b paragraph. 4 and 5, § 27, § 49, no. 13, with regard to § 18 a paragraph. 1, § 49, no. 19, with regard to § 27, § 49, no. 23 or 26, § 55, § 74 b paragraph. 1 or 3, or § 74 c paragraph. 2, he shall be liable to a fine or imprisonment for up to 1 year. Overrides shipowner his duties under § 4, paragraph. 1 and 2, § 8 a paragraph. 2, § 8 c, paragraph. 1 and 2, § 8 e, § 46, § 49, no. 3 or 24, § 57 or § 64 b paragraph. 1, he shall be liable to a fine.

PCS. 2. Whoever prejudging its obligation under § 1 a to ensure compliance with § 12 paragraph. 2 and 3, § 18 a paragraph. 1-4, § 18b paragraph. 4 and 5, § 27, § 55, § 74 b paragraph. 1 or 3, or § 74 c paragraph. 2, punishable by fine or imprisonment for up to 1 year, while the one prejudging its obligation under § 1 a to ensure compliance with § 4, paragraph. 1 and 2, § 8 a paragraph. 2, § 8 c, paragraph. 1 and 2, § 8 e, § 32, § 56 paragraph. 1, 2 and 4, § 57, § 60, § 64 a paragraph. 2, § 64 b paragraph. 1, § 74 or regulations established pursuant to § 73 shall be punished by a fine. Similarly punished by not fulfilling its obligations according to § 1 a to ensure that the master has the option to fulfill the obligations of this.

PCS. 3. The performing private ship or dissemination of seafarers in Denmark without a valid license or require payment from the seafarers for such services is punishable by a fine.

PCS. 4. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.

PCS. 5. In relation to criminal liability under paragraph. 4, persons who are employed to carry out work on board the ship by someone other than the owner, as well as being linked to the shipowner. Is that issued the document of compliance in accordance with the Code of Safety Management or certificate under the Maritime Labour Convention to another organization or person, considered the master and seafarers also to be attached to that document has been issued.

§ 66. Unless a higher penalty is warranted under other legislation punishable master or the one who entered into the master's place

1) a fine or imprisonment for up to four months if he

a) intentionally or recklessly use higher power resources than allowed under §§ 62 and 63, paragraph. 2, or

b) fails to fulfill its obligations under § 12 paragraph. 2 and 3, § 18a paragraph. 1-4, § 18b paragraph. 4 and 5, §§ 27 and 55

2) a fine if he

a) apply any to work in violation of §§ 4 or 57 or

b) disregards its obligation under § 8 a paragraph. 2, § 8 c, paragraph. 1 and 2, § 8 e, § 32, § 56 paragraph. 1, 2 and 4, § 60, § 63 paragraph. 3 and 4, § 64 a paragraph. 2, § 64 b paragraph. 1, § 74 or regulations established pursuant to § 73.

§ 67. Unless a higher penalty is warranted under other legislation, punished the seafarer with a fine if he

1) fails to fulfill its obligations under § 53 paragraph. 1 and § 62 paragraph. 2, point 2.,

2) knowingly makes or participates in the complaint referred to in § 56 and control surveys caused thereby.

PCS. 2. Violation of the paragraph. 1 prosecuted only when the owner or the master requests.

§ 68. (Repealed.)

§ 69. (Repealed.)

§ 70. In regulations issued pursuant to this Act may stipulate fines.

PCS. 2. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.

§ 71. Available by judgment a master guilty under § 66, no. 1, point a or b, can under aggravating circumstances the right to serve as master, mate or engineer in the judgment is suspended for a certain period up to 5 years or forever. Prosecutors submit in that case his certificate of competency and transcript of the verdict for Business and Growth Ministry. Business and Growth Minister may, after five years have elapsed after the final judgment, give back the he denied right.


PCS. 2. If a master, mate or engineer after paragraph. 1 right to serve, it is determined by age, respectively on the master can serve as a mate, and mate or engineer can serve in positions of lower ranks. Business and Growth Ministry shall inform him in that case appropriate certificate of competency.

Chapter 6

Special provisions

§ 71 a. Business and Growth Minister may lay down rules that written communications to and from the authorities on matters covered by this Act or the regulations issued under this Act shall be digital.

PCS. 2. Business and Growth Minister may lay down rules on digital communications, including the use of specific IT systems, special digital formats and digital signature or the like.

PCS. 3. A digital communication is considered to have arrived when it is available to the addressee of the message.

§ 71 b. Business and Growth Minister may lay down rules that the authorities can issue decisions and other documents under this Act or regulations issued pursuant to this Act without signature, with mechanically or similarly reproduced signature or using a technique to ensure unambiguous identification of the person who issued the order or document. Such decisions and documents equated with decisions and documents with personal signature.

PCS. 2. Business and Growth Minister may lay down rules for decisions and other documents that exclusively taken or issued on the basis of electronic data processing, can be issued only stating that authority as sender.

§ 72. Business and Growth Minister may lay down rules that § 8 ​​on free passage with maintenance after a certain time service, § 9 of the pregnant woman's right to free travel for the account and § 30 of the sick seafarer's right to free travel must apply to seafarers who are not resident in Denmark.

§ 73. Business and Growth Minister may lay down rules for such a right to care in case of illness or injury and whether such an obligation to provide for burial or cremation, as the law states.

§ 73 a. The ship owner has the obligation to provide financial security to cover return travel costs, etc., subject to the rules of § 6 paragraph. 5, § 8 paragraph. 1, § 10 paragraph. 3, §§ 11-14, § 18 paragraph. 2, §§ 18 b, 19 and 30, § 48 paragraph. 2 and § 49.

PCS. 2. Business and Growth Minister may lay down rules on the free repatriation of maintenance by the provisions referred to in paragraph. 1, and on financial security.

§ 73 b. Danish Maritime Authority ensures free telemedical advice for merchant ships.

§ 74. The master shall ensure that a copy of the Maritime Labour Convention, the Act and the regulations issued under it, is on board and is available for the crew.

PCS. 2. Is the engagement happened under the tariff agreement, he must make sure that a copy of this is on board accessible to the crew.

§ 74 a. Maritime Authority may, pursuant to § 20 of the Act on maritime safety monitor compliance with this Act and the regulations issued thereunder.

PCS. 2. The Danish Maritime Authority is responsible according to § 20 b of the Act on maritime safety issuance of necessary certificates and other documents under this Act.

§ 74 b. Danish Maritime Authority may lay down rules on which such certificate and declaration of conformity must include.

PCS. 2. If the ship is certified in accordance with the Code of Safety Management, established by the UN's International Maritime Organisation, it may in paragraphs. 1 that certificate and in paragraph. 1 mentioned declaration of conformity only be issued to that the Document of Compliance in accordance with the Code of Safety Management is issued. The Danish Maritime Authority may in special cases grant exemptions from the 1st clause.

§ 75. Business and Growth Minister may lay down rules derogating from the law for ships that are not subject to registration, and the vessels for fishing or other specified purpose.

§ 75 a. Business and Growth Minister may establish rules on redress, including that complaints about the Danish Maritime Authority's decisions can not be appealed to any other administrative authority.

§ 76. The date of commencement of the Act is determined by commercial and vækstministeren.4)

PCS. 2. Sømandslov no. 229 of 7 June 1952 repealed.

PCS. 3. § 4, paragraph. 1, does not apply to men who know commencement of the Act is 15 years old and makes or has made ship service.


§ 77. This Act does not apply to the Faroe Islands and Greenland but may by Royal. be brought into force for Greenland with such deviations as the special Greenland conditions.

Act no. 547 of 8 June 2006 contains the following provisions:
§ 3


This Act shall come into force on 1 July 2006.
§ 4


The Act does not apply to the Faroe Islands and Greenland but may by Royal decree be put into force for Greenland with the amendments which the special Greenland conditions.

Act no. 1563 of 20 December 2006 contains the following provisions:
§ 10


Justice may decide date of the Act. Business and Growth Minister shall, however the date of entry into force of Act § 13, no. 1 and 2.5)
§§ 11-13


(Omitted.) 6)
§ 15


The Act does not apply to the Faroe Islands and Greenland. Act § 13 and § 14 may by Royal Decree be made effective for these parts of the changes resulting from the special Faroese and Greenland conditions.

Act no. 349 of 18 April 2007 contains the following provisions:
§ 4

PCS. 1. This Act shall enter into force on 1 May 2007 as foreseen. However paragraph. 2.

PCS. 2. (Omitted.) 7)
§ 5


The Act does not apply to the Faroe Islands and Greenland but may by Royal decree be put into force for Greenland with the amendments which the special Greenland conditions.

Act no. 511 of 17 June 2008 contains the following provisions:
§ 3

PCS. 1. This Act shall enter into force on 1 July 2008, cf. However paragraph. 2.

PCS. 2. The Danish Maritime Authority shall reimburse expenses for prescribed medical examination of fishermen made before 1 January 2011.
§ 4


The Act does not apply to the Faroe Islands and Greenland, but § 2 may by Royal Decree be put into force for Greenland with the amendments which the special Greenland conditions.

Act no. 493 of 12 May 2010 contains the following provisions:
§ 7

PCS. 1. Business and Growth Minister sets date of the Act. The Minister may determine that the Act shall enter into force at different tidspunkter.8)

PCS. 2. (Omitted.) 9)
§ 8


(Omitted.) 10)
§ 9

PCS. 1. The Act does not apply to the Faroe Islands and Greenland, cf.. However paragraph. 2 and 3.

PCS. 2. (Omitted.) 11)

PCS. 3. (Omitted.) 12)

Act no. 251 of 30 March 2011 contains the following provisions:
§ 5

PCS. 1. Business and Growth Minister shall determine the date of entry into force of § 1, § 2, no. 2 and 4, § 3 and § 4. The Minister may determine that the provisions enter into force at different tidspunkter.13)

PCS. 2. (Omitted.) 14)
§ 6

PCS. 1. The Act does not apply to the Faroe Islands and Greenland.

PCS. 2. (Omitted.) 15)

PCS. 3. (Omitted.) 16)

Act no. 622 of 14 June 2011 contains the following provisions:
§ 6

PCS. 1. This Act comes into force on 1 July 2011, cf.. However paragraph. 2.

PCS. 2. (Omitted.) 17)
§ 7


The Act does not apply to the Faroe Islands and Greenland, but §§ 1, 3 and 5 may by Royal decree be put into force for Greenland with the amendments which the Greenland conditions.

Act no. 1231 of 18 December 2012 contains the following provisions:
§ 69

PCS. 1. This Act shall enter into force on 1 January 2013.

PCS. 2. Administrative regulations issued pursuant to the previous provisions shall remain in force until they are amended or repealed.
§ 70

PCS. 1. This Act shall enter into force on 1 January 2013.

PCS. 2. (Omitted.) 18)

PCS. 3. (Omitted.) 19)

PCS. 4. §§ 1-10, 17, 18, 23, 29, 35-39, 41-44, 49, 50, 54, 58-63, 65 and 66 may by Royal decree be put into force for Greenland with the changes that the Greenland conditions.

PCS. 5. (Omitted.) 20)

Act no. 618 of 12 June 2013 contains the following provisions:
§ 10

PCS. 1. This Act comes into force on 1 October 2013 under. However paragraph. 2.

PCS. 2. Business and Growth Minister shall determine the date for the entry into force of § 1, no. 6-34 and §§ 2-9. The Minister may decide that the rules come into force at different tidspunkter.21)
§ 11


(Omitted.) 22)
§ 12

PCS. 1. The Act does not apply to the Faroe Islands and Greenland, cf.. However paragraph. 2 and 3.

PCS. 2. §§ 1-9 may by Royal decree be put into force for Greenland with the amendments which the Greenland conditions.


PCS. 3. (Omitted.) 23)

Maritime Authority, 20 August 2013
Henriette Bytoft Flügge
/ Alexander Milan

Official notes

1) The Act contains provisions implementing parts of Council Directive 2009/13 / EC of 16 February 2009 implementing the Agreement concluded between the European Community Shipowners 'Associations (ECSA) and the European Transport Workers' Federation (ETF) on Maritime Labour Convention 2006 and amending Directive 1999/63 / EC (Official Journal. L 124 of 20 May 2009, page 30-50).

2) Now Act on Safety at Sea, cf.. Legislative Decree no. 654 of 15 June 2010.

3) Please refer to § 65 paragraph. 1 and 2, with § 74 c paragraph. 2. § 74 c inserted into the law by § 3, no. 4, of Law no. 251 of 30 March 2011, not yet entered into force and which are therefore not included in this consolidated act.

4) Order no. 607 of 29 November 1973, the law put into force on 1 February 1974.

5) Act no. 1563 of 20 December 2006, with the exception of Act § 13, no. 1 and 2, came into force on 1 July 2007, see. Order no. 415 of 8 May 2007.

6) §§ 11-13 deals with legislative changes in the Administration of Justice, the Court Fees Act and the Merchant Shipping Act.

7) paragraph. 2 deals with the Merchant Shipping Act.

8) § 2, no. 33 and parts of the no. 36 of Law no. 493 of 12 May 2010 came into force on 15 June 2010, ref. § 1. 1 and 3 of Executive Order no. 594 of June 3, 2010. § 2, no. 1, no. 3-30, no. 32, no. 34-35 and the remaining parts of the no. 36 of Law no. 493 of May 12, 2010 came into force on 20 august 2013 in accordance with. § 1. 1, 3 and 4 of Executive Order no. 6 of 9 January 2013. § 2, no. 2 of Law no. 493 of 12 May 2010 came into force on 15 January 2013 in accordance with. § 1. 5 of Executive Order no. 6 of 9 January 2013.

9) paragraph. 2 refers to the Act on the Manning of Ships.

10) § 8 deals with the repeal of the Act on recruitment of ship crews.

11) paragraph. 2 deals with the Merchant Shipping Act.

12) paragraph. 3 covers the law on maritime safety, the Act on the Manning of Ships Act, the tonnage measurement and the Merchant Shipping Act.

13) § 3, nos. 1-3 of the Law no. 251 of 30 March 2011 came into force on 20 August 2013 under. Order no. 7 of 9 January 2013.

14) paragraph. 2 deals with law on maritime safety.

15) paragraph. 2 deals with the Merchant Shipping Act.

16) paragraph. 3 deals with the Merchant Shipping Act and the Act on maritime safety.

17) paragraph. 2 deals sailor Tax Act.

18) paragraph. 2 deals with Credit Loans and Mortgage

19) paragraph. 3 deals with various other laws.

20 pcs. 5 deals with the Financial Stability Act and the Act on State investments in credit institutions.

21) § 2 of the Law no. 618 of 12 June 2013 entered into force on 20 August 2013 under. §§ 1 and 2 of Executive Order no. 988 of 6 August 2013.

22) § 11 deals with the Merchant Shipping Act.

23) paragraph. 3 deals with the Merchant Shipping Act.