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Executive Order On Seafarers ' Hours Of Rest

Original Language Title: Bekendtgørelse om søfarendes hviletid

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Table of Contents
Appendix 1
Appendix 2
Appendix 3 Conditions for special rest time registration

Publication of seafarers ' rest periods 1)

In accordance with Article 4 (4), 4, section 57 and section 70 (3). 1, in the law of the applicant ' s employment relations, etc., cf. Law Order no. 742 of 18. July 2005, as amended by law no. 511 of 17. June 2008 and Law No 493 of 12. May 2010, and section 1 (1). 3, section 3, section. 1, no. 6, section 3, section. 2, section 16 (4). 3, and section 32 (3). 8, in the law of maritime safety, cf. Law Order no. 654 of 15. June 2010, as amended by law no. 251 of 30. March 2011 :

Definitions and scope

§ 1. This notice shall apply to staff on board ships, cf. Section 1 (1). Paragraph 1, as well as Article 49, in the law of seafarers ' employment conditions, irrespective of the ship's use and tachogram, with the exception of fishing vessels and recreational craft.

Paragraph 2. In cases where there are doubts as to whether the person concerned is considered as an employee, the question of the Maritime Management Agency shall be determined in accordance with the prior consultation of the shipowners and seafarers on which the issue relates.

§ 2. A rest period shall be understood to mean a continuous period of not less than an hour of duration not working hours.

Paragraph 2. Working time shall mean the period during which an employee is to work on account of the ship.

Paragraph 3. The 24-hour period is understood to mean a 24-hour period that is considered from the first time an employee is beginning to work in a calendar day.

Paragraph 4. A week is understood to be a coherent 7-period period.

§ 3. No foreign merchant ship on Danish sea territory shall be operated in breach of the conditions relating to working and rest periods resulting from the STCW Convention and section 1 to 12 of the agreement annexed to Council Directive 1999 /63/EC, as amended ; by Council Directive 2009 /13/EC of 16. February 2009 on the implementation of the Agreement concluded between the European Community Shipowners ' Association (ECSA) and the European Transport Workers Federation (ETF) on the Maritime Maritime Labour Convention and amending Directive 1999 /63/EF.

§ 4. A normal working time standard for an employee is in principle based on an 8-hour day, with a rest day per day. Week and free on public holidays.

Paragraph 2. In the case of employees, the regulation of rest time shall be regulated only, cf. Section 57, in the law of seafarers ' employment relations.

Wheelings, etc.

§ 5. The applicant must have regular rest periods that are sufficiently long to ensure health and safety.

Paragraph 2. During each day of work, the rest period of an employee of 18 or more shall be at least 10 hours. The period of time may be divided for a maximum of two periods, one of which must be at least six hours, cf. however, sections 8 and 9. The period between two successive rest periods shall not exceed 14 hours.

Paragraph 3. The total rest period of one week shall be at least 77 hours.

Paragraph 4. The Danish Maritime Agency may, at the request of the shipowner, allow the rest period to be redefined in accordance with paragraph 2 is calculated within each calendar day.

Paragraph 5. On a son and public holidays, the shipowner must not impose an employee employment that can be postponed.

Paragraph 6. In the case of a son and holidays, employees who wish to do so will have the opportunity to keep the service undisturbed on board.

§ 6. in the case of on-going seafarers, whose work includes tasks related to safety and prevention of pollution, or for seafarers working on board ships with short trips, the abovementioned rest rules may be waistled by collective means, contracts taking into account more frequent or longer periods of free periods or in the event of a system of compensatory free day. An agreement shall at least comply with the minimum protection resulting from the rest period requirements of Section 9 of Section A-VIII/1 of Chapter VIII of the STCW Convention, which is rendered in Annex 1.

Paragraph 2. Fraviations in accordance with paragraph 1. 1 shall be registered to the Maritime Management Board before they may be used, and the registered contract text shall be provided on the Danish and English table in an easily accessible place.

§ 7. An employed under the age of 18 shall have a total rest period of at least 12 hours in the working day.

Paragraph 2. In general, the period of time shall be extended to the time space between 5 p.m. Twenty and eight o'clock. 06.

Paragraph 3. In the case of employees under the age of 18, the rest period may be divided for a maximum of two periods. The one rest period shall be at least eight hours and shall be in the time space between at 9 p.m. Twenty and eight o'clock. 06.

Paragraph 4. The period between two successive rest periods shall not exceed 12 hours.

Paragraph 5. The total rest period of one week shall be at least 84 hours.

Paragraph 6. Paraguations 2 and 3 shall not apply to workers under the age of 18, whose second place of rest periods is required as part of vocational training, one of the Maritime Maritime Management Maritime Training, or equivalent training of at least two years of age, which : gives business competence.

Paragraph 7. Under the age of 18, we need two consecutive 24-hour free day of the week. If necessary, the weekly day after day will be postponed, against these being replaced by the same freedom later.

§ 8. Employees of the adalpost shall have a compensatory rest period if the normal rest period is interrupted as a result of the work and such disruption without such compensation for the staff result in the need for the rest period of the working day not to be available ; being fulfilled.

Paragraph 2. The total rest period of the working day for staff on call duty shall be at least 10 hours. One of the rest periods must be at least six hours. In the case of employees under the age of 18, the total rest period of the working day must be at least 12 hours and one in the hours of work hours. the rest periods shall be at least eight hours.

§ 9. Praying and rescue exercises and other prescribed drills shall be carried out in such a way as to ensure that they are at least possible during rest periods and do not cause fatigue.

Paragraph 2. For the staff who are 18 years old and who carry out exercises covered by paragraph 1. 1, the total rest period of the work day must be at least 10 hours at least 10 hours. One of the rest periods must be at least six hours. For workers under the age of 18, the total rest period of the working day must be at least 12 hours at least 12 hours, and one of the rest periods shall be at least eight hours.

§ 10. The master may require the seafarers to work when necessary for the immediate safety of the ship, the unloading or cargo of the ship, or to assist other ships or persons in distress.

Paragraph 2. The provisions of section 5 to 9 may be waisted in the provisions referred to in paragraph 1. 1 mentioned situations.

Paragraph 3. As soon as possible after the normal situation has been restored, the master of the ship shall ensure that the seafarers who carried out work during a scheduled rest period shall have a sufficient rest period.

Discover and Registration

§ 11. A table shall be made available on board an easily accessible table with information for each operation on board the work periods of the employees at sea and in port, including on-call time, for on-call time. The schema must be in Danish and English, and the format must be approved by the Sea Fartboard. In accordance with Annex 1, one of the Maritime Management Board has been approved by the Maritime Service.

§ 12. The daily rest periods of the Ansatare must continuously be recorded in a special rest schedule, which must be in Danish and English, and whose format must be approved by the Sea Fartboard. The schema shall be conducted in 2 copies. In accordance with Annex 2, one of the Maritime Maritime Management Board has been approved. Appendix 3 contains a summary of the information available to the rest period of personnel on ships operating exclusively between Danish ports, and where all the time on board is working hours.

Paragraph 2. The master or one of the notified person and the staff shall sign the rest schedule each month.

Paragraph 3. The staff shall have a signed copy of the rest schedule at appropriate intervals and at the end of the ship-service period.

Paragraph 4. A copy of the rest schedule shall be able to be presented on board for six months after the service. The shipowner shall then keep the table for 1 year.

Paragraph 5. Copy of the item in paragraph 1. 4 shall be submitted to the Maritime Agency for the Administrative Board, where the Management Board so requests for control and endorsement.

Paragraph 6. The Danish Maritime Service may allow the resting time information to be recorded and stored on electronic media and that the submission of the resting time information to the Sea Fartboard shall be made electronically. The Maritime Agency may debit the authorisation of the registration, storage and submission of the information in a special format.

§ 13. The shipowner or the employer shall ensure that the board is able to comply with the obligations arising from the notice. In cases where the shipowner is not the employer, the obligation shall be incumbed upon the obligation after 1 Act. And the shipowner.

§ 14. The Maritime Service Management Board shall monitor compliance with the provisions of this notice.

Paragraph 2. In the event of non-compliance with the provisions of this notice, the Danish Maritime Service Management Board shall take the necessary measures to ensure such fatigue, which constitute a clear danger to such fatigue, which shall be a clear danger ; the safety or health of employees. Such measures may include the prohibition of the ship leaving port until such time as the staff are sufficiently rested.

Paragraph 3. The Maritime Management Decision on the detention of a ship may, by the person or operator of a ship or a representative in Denmark, be brought to the Board of Appeal for the Maritime Affairs Council. The creation of a case for the Board shall not have any effect on the basis of the case.

§ 15. The Maritime Management Board may, in accordance with this notice, require information on the work conditions of employees from masters and shipowners.

Punishment

§ 16. The withdrawal of section 4 (4). 1-3, paragraph 3. 5 and 6, section 5, section 2, section 7 (4). Paragraph 1 (1). 3-5 and paragraph 1. 7, section 9, paragraph. 3, section 10, section 11, paragraph 1. One-five, section 12, or section 14 shall be punished by fined or imprisoned for up to one year.

Paragraph 2. The one that does not comply with prohibition or injunction after Article 13 (3). 2 or a condition laid down in accordance with section 11 (1). 6, punishable by fine or imprisoned for up to 1yr.

Paragraph 3. Penalty in accordance with paragraph 1 1 and 2 may go to prison for two years if the infringement has been committed intentionally or in the case of gross negligence and where there are :

1) in the event of infringement, any injury to life or health, or induced, is threatened ;

2) were previously prohibited or injuns of the same or equivalent conditions, or

3) in the case of the infringement, or intended for the purpose of an economic benefit to the person concerned himself or others.

Paragraph 4. It shall be considered to be a particular circumcicient fact that under the age of 18, there has been injury to young people under the age of 18, in the case of life or health, or induced a hazard, cf. paragraph 3, no. 1.

Paragraph 5. If the yield of the yield obtained by the infringement is not carried out at the end of the penalty of fine, including additional fine, special consideration shall be given to the size of a achieved or intended financial advantage.

Paragraph 6. Companies can be imposed on companies. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 7. On the imposition of criminal liability in accordance with paragraph 1. 2 shall be considered persons employed to carry out work on the ship of others other than the shipowner, as well as being associated with the shipowner. Where a document of compliance has been issued in accordance with the Safety Management and Safety Management Code as provided for by the Maritime Labour Convention to another organisation or person, the master and the seafarers shall be considered to be the same as : associated with the document to which the document is issued.

Entry into force-determination

§ 17. The announcement will enter into force on the 20th. August, 2013.

Paragraph 2. At the same time, notice No 515 of 21. June 2002 on the resting times of seafarers, etc.

Sea Fargo, the 161. August 2013

Jan Gabrielsen

-Jørgen Leye.


Appendix 1

Annex 1

DEFAULT MODEL FOR THE ORGANIZATION OF THE WORK ON BOARD

MODEL FORMAT FOR TABLE OF SHIPBOARD WORKING ARRANGEMENTS

Name of ship : _______________
Ship's flag : _______________
IMO No (if it exists) : _______
Name of ship :
Flag of ship :
IMO number (if any) :
Latest update of the view : _________________________
page () by () pages
Latest update of table :
() of () page.

The rules on seafarers ' total rest period are present in section 57 of the Danish law on seafarers ' employment relations, etc., cf. the notice of the resting period of seafarers, etc. issued in accordance with the MLC and in accordance with any applicable collective agreement registered under this Convention and with the International Convention on Education of the Commission ; seafarers, susteners and watchkeeping of 1978, in the form of the STCW Convention ; 1) .

The minimum hours of rest are applicable in accordance with article 57, cf. the Order on seafarers hours of rest issued in accordance with MLC and with any applicable collective agreements registered in accordance with that Convention and with the International Convention on standards of training, certification and watch-keeping in the case of seafarers, 1978, as the case, (STCW Convention).

Minimal rest time

1) For seafarers on Danish merchant ships, the rest period after the above rules shall not be less than : i) 10 hours in working day and ii (ii) 77 hours per week.

2) The working day of the temporary work period shall not be divided for more than two periods, one of which must be at least six hours. The period between two successive rest periods shall not exceed 14 hours.

3) in the case of on-going seafarers, whose work includes tasks related to safety and prevention of pollution, or for seafarers working on board ships with short trips, the abovementioned rest rules may be waistled by collective means, contracts taking into account more frequent or longer periods of free periods or in the event of a system of compensatory free day. An agreement shall at least meet the minimum protection resulting from the rest period requirements of Section 9 of Section A-VIII/1 in Chapter VIII of the STCW Convention. The agreements on derogations must be registered in the Maritime Service, before they may be used.

Minimum hours of rest

1) For the replacement of the seafarers, on Danish merchant, the hours of rest according to the above mentioned rules shall not be less than : (i) 10 hours in a 24-hour period, and (ii) 77 hours in a seven-day period.

2) Hours of residue may be taking into into no more than two periods, one of which shall be at least six hours in length, and the interval between the consecutive periods of rest shall not exceed 14 hours.

3) By collective agreements the above-mentioned trials may be departed from for watch-keeping seafarers and for seafarers ' s work include tasks related to safety and pollution eller eller for seafarers engaged on ships on shortvoyages, taking into account more frequent or longer periods of leave or the. of compensatory days off. An agreement shall to least notify with the minimum protection deriving from the requirements in paragraph 9 of section A-VIII/1 in chapter VIII of the STCW Convention. Departure from commission shall be registered in the Danish Maritime Authority before they may be applied.

Other requirements : _______________________________________________________

Other requirements :

Schema for the organisation of work on board

TABLE OF SHIPBOARD WORKING ARRANGEMENTS

Position / rang 2) :
Position / Rank
Planned daily work time on the
Scheduled daily work hours at sea
Planned daily work in port
Scheduled daily work hours in port
Comments 3)
Comments
Total rest period of day
Total hours of rest
Vaginal team (fra-ing)
Watch-keeping (from-to)
Non-security service (absence to)
Non-watch-keeping duties (from-to)
Vaginal team (fra-ing)
Watch-keeping (from-to)
Non-security service (absence to)
Non-watch-keeping duties (from-to)
On the lake
To sea
In port
In ports
Master signature of the master (signature of the master)
BY___________________________________________

2) For the posts / rang, which is also included in the ship ' safe manning document ', the same terminology is used as in this document.

For those positions / managers that are also listed in the ship's safe manning document, the terminology used should be the same as in that document.

3) The guard holding staff may specify the expected number of hours to be used for unplanned work.

For watchkeeping personnel, the comment section may be used to indicate the number of hours to be corrected to undig work.

DEDUCTIONS FROM THE MLC AND STCW CONVENTION

MLC

Norm. A2. 3. Five, six, 13 and 14.

5. The limit of working time or rest period shall be as follows : (a) the maximum working time must not exceed : i) 14 hours in any 24-hour period, and ii) 72 hours in any seven-period period, or b) the minimum duration of rest period must not be allowed ; be less than : i) 10 hours during any 24-hour period, and ii) 77 hours in any seven-period period.

6. HvileHours may not be divided for more than two periods, one of which must be of at least 6 hours, and the period between two successive rest periods shall not exceed 14 hours.

Thirteen, nothing in this norms. 5 and 6 shall preclude a Member State having national laws or regulations or a procedure to enable the competent authority to permit or register collective agreements allowing derogations from the limits laid down. Such deviations shall, as far as possible, comply with the provisions of this standard, but may take into account more frequent or longer periods of freedom or concessions of the compensatory freedom for on-going seafarers or seafarers working on board vessels, on a short trip.

14. Inter in this standard limits the master ' s right to require that a seafarers do service in the number of hours required for the ship ' s or cargo ' s immediate safety, or with the aim of providing assistance to other ships, or people in need at sea. Therefore, the master may suspend the schedule of working time or rest period and require a seafarers to carry out work for the number of hours necessary until normal conditions are restored. The master shall, as soon as possible, after normal conditions have been restored to ensure that seafarers who have carried out work during a scheduled rest period shall be provided for an appropriate rest period.

STCW Convention

Section A-VIII/1 (2) (1). 2, 3, 8 and 9.

2. Any person who is required to work as a watchdog navigator or as a private watchholder, or a person whose work includes tasks related to safety, prevention of pollution and security duties, shall have a rest period of : at least one (1) 10 hours over a 24-hour period and 2) 77 hours over a seven-day period.

3. The period of time may be divided up to a maximum of two periods, one of which shall be at least six hours, and the time space between the following rest periods shall not exceed 14 hours.

8. notwithstanding the provisions of this Title, the master of a vessel shall have the right to require that a seafarers work the number of hours required for the immediate safety of the ship, the immediate safety of the ship, or to assist other ships or persons ; in distress. In accordance with this, the master may disregard the rest period and demand that a seafarers work the number of hours necessary until the normal situation is restored. As soon as possible after the normal situation has been restored, the master shall ensure that seafarers who have carried out work during a scheduled rest period shall have an appropriate rest period.

9. The Parties may authorize derogations from the provisions referred to in the above paragraph. 2.2 and 3 rest periods, provided that the rest period is not less than 70 hours in any seven-period period. Derogations from the provisions of paragraph 1. The weekly rest periods specified in 2.2 shall not be permitted for more than two consecusecudays in the following weeks. The interval between the two derogation periods on board shall not be less than two times the length of the exemption period. The one in paragraph 1. The rest period specified may be divided into no more than three periods, of which at least one length of six hours, and none of the other two periods should have a length less than 1 hour. Intervaled between successive rest periods must not be over 14 hours. Exceptions shall not exceed two 24-timerperiods in any seven-day period. The exceptions shall take into account the instructions provided for in Section B-VIII/1 for the prevention of fatigue (fatigue).

SELECTED TEXTS FROM MLC AND THE STCW SHALL

MLC

Standard A2. 3, paragraph 5, 6, 13 and 14.

5. The limits on hours of work or rest shall be shall be as follows : (a) maximum hours of work shall not exceed : (i) 14 hours in any 24-hour period ; and (ii) 72 hours in any seven-day period, or (b) Minimum hours of residue shall not be less than : (i) 10 hours in any 24-hour period, and (ii) 77 hours in any seven-day period.

6. Hours of residue of residue may be taking into into no more than two periods, one of which shall be at least six hours in length, and the interval between the consecutive periods of rest shall not exceed 14 hours.

13. Nothing in paragraphs 5 and 6 of this Standard shall prevent a Member from having national laws or a procedure for the law authority to register for a register of the permitting exceptions to the limits to the limits. Such exceptions shall shall, as father as possible, follow the trials of this Standard but may take account of more frequent or longer leave periods for the, of compensatory leave for watch-keeping of the watch-keeping seafarers working on board ships on short voyages.

14. Nothing in this Standard shall be rendered to impair the right to the master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, person s on board or cargo, or for the purpose of giving assistance two other ships or persons in distress at sea. The master may be at the schedule of hours of work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been more than one. As soon as practicable after the normal situation has been removed, the master shall know that any seafarers who have performed work in an min residue period are provided with an acceptable period of rest.

STCW Convention

Section A-VIII/1, paragraph 2, 3, 8 and 9.

2. All persons who are assigned duty as officer in charge of a watch at as a rating forming part of watch and those whose duties are being used for safety, the prevention of death and security duties shall be provide with a rest period of not less than : (1) A minimum of 10 hours of residue in any 24-hour period ; and (2) 77 hours in any 7-day period.

3. The hours of rest may be taking into into no more than two periods, one of which shall be at least 6 hours in length, and the interval between the consecutive periods of rest shall not exceed 14 hours.

8 Nothing in this section shall be treated to impair the master of a ship to require a seafars to perform any hours of work necessary for the immediate safety of the ship, person  s on board or cargo, or for the purpose of giving assistance two other ships or persons in distress at sea. The master may be at the schedule of hours of rest and require a seafarer to perform any hours of work at the normal situation has been in the ordinary situation. As soon as practicable after the normal situation has been removed, the master shall know that any seafarers who have performed work in a hard period are provided with an acceptable period of residue.

9. Parties may allow exceptions from the required hours of residue in paragraphs 2.2 and 3 above provided that the rest period is not less than 70 hours in any 7-day period. Exceptions from the least period provided for in paragraph 2.2 shall not be allowed for more than two consecutive (s). The interval between two periods of exceptions on board shall not be less than twice the duration of the exception. The hours of residue provided for in paragraph 2.1 may be known into no more than three periods, one of which shall be at least 6 hours in length and neither of the other two periods shall be less than one hour in length. The interval between consecutive periods of rest shall not exceed 14 hours. Exceptions shall not extend beyond two 24-hour periods in any 7-day period. Exceptions shall, as father as possible, take into account the guidance regarding the concept of fatigue in section B-VIII/1.


Appendix 2

Annex 2

STANDARD SCHEMA FOR THE DAILY REST PERIOD OF SEAFARERS IN DANISH SHIPS

Record of hours of rest of seafarers in danish ships

Seafarers (full name) : ___________________________
Date of birth : ____________
Year : ______
Seadangers (full name)
Birthday
Year
Position / rang : _______________
OOD : 1) Yes.
Name of ship : _____________________
Position / Rank
Watchkeeper yes no
Name of ship

1) The relevant paragraph is crossed. (Delete as appropriate).

The following national laws, regulations and administrative provisions and / or collective agreements for a minimum period of time shall be subject to the ship :

The following national laws, control and / or collective agreements, the minimum number on minimum rest periods should apply to this ship at least.

________________________________________________________________________________

Month :
Month
Dag/ Day
HvilePeriods (Ex-To)
Periods of rest (from-to)
Total Hvile Time
Hours of rest of the
Comments
Comments
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

The undersigned declares that this schedule accurately shows the rest period of the person in debt.
I agree that this record is an accurate reflection of the hours of residue of the seafars.
Name of master or person who, by the master,
is empowered to sign this scheme : ________________________________________
Name of master or person authorized by master to sign this record
Signature of the master or authorising officer : ____________________________
Signature of master or authorized person
Signature of the seafarers : ________________________________
Signature of seafars
A copy of this scheme shall be given to the seafarers.
A copy of this record is to be given to the seafars.
This form shall be examined and endorsed in accordance with procedures established by :
This form is subject to centre and endorsement under procedures established by the
Sea Fartboard
Danish Maritime Authority

Appendix 3

Conditions for special rest time registration

The waste time registration for seafarers travelling exclusively between Danish ports and where the seafarers do not sleep on board, so that all the hours on board are working hours may be carried out as part of a suitable form, containing at least one of the following : the following information :

1) The name of the seafarers.

2) Date of birth (cpr.#).

3) Position on board.

4) The name of the ship.

5) The location and length of the work path.

6) Drawing from the master or the person authorised by the master, that the resting time rules for seafarers have been fulfilled in respect of the minimum daily rest period and the total weekly rest period.

7) Confirmation of the master or to the master of the vessel to which the seafarers have received a copy of the timetable for the period of resting time.

Official notes

1) This notice shall be part of Council Directive 94 /33/EC of 22. June 1994 on the protection of young people in the workplace, the EC-10 1994 L 216, page 12 and parts of Council Directive 1999 /63/EC of 21. June 1999 on the implementation of the Agreement on the organisation of the working time of seafarers concluded between the European Community Shipowners 'Association (ECSA) and the Federation of Transport Workers' Union in the European Union (FST), as amended by : Council Directive 2009 /13/EC of 16. February 2009, 1999 L 167, p. 33, and the Official Journal of the European Communities, I 124, page 30, European Parliament and Council Directive 1999 /95/EC of 13. In December 1999 on the enforcement of the provisions on seafarers ' working time on ships that are at Community ports, the Community Official Journal 2000 L 14, page 29, and the European Parliament and Council Directive 2012 /35/EU of 21. November 2012 amending Directive 2008 /106/EC on the minimum level of training for seafarers, the European Union-Official Journal, 2012 L 343, page 78-105.

1) See page 2 of Annex 1 on the extract of the MLC and the STCW Convention.

See page 2 for selected extracts from MLC and the STCW Convention.