Executive Order On Fishermen Entitled To Care And Free Travel, Etc.

Original Language Title: Bekendtgørelse om fiskeres ret til pleje og fri rejse m.v.

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Overview (table of contents)

Chapter 1

Definitions and scope

Chapter 2


Chapter 3

Free travel with the team

Chapter 4

Particularly about funeral and cremation

Chapter 5

Payment and refund rules

Chapter 6

As for usual good economy

Chapter 7


Chapter 8

Date of entry into force of

The full text of the ordonnance on fishermen entitled to care and free travel, etc.

Under section 70, paragraph 73, section 73 (a), paragraph 2, and section 75 of the law on seafarers ' conditions of employment, etc., see. lovbekendtgørelse nr. 742 of 18. July 2005, as amended by Act No. 493 of 12. May 2010, fixed: Chapter 1 definitions and scope section 1. The following definitions shall apply in this order: 1) Fishing: Employee serving aboard a fishing vessel referred to in article 6. section 1, paragraph 1, and section 49 of the law on seafarers ' conditions of employment, etc.

2) Danish representation: Any Danish diplomatic or consular representation (Embassy, Consulate general, consulate or vice consulate).

3) venereal disease: Syphilis, gonorre, ulcer disease and lymphogranuloma venereum (soft chanker) inguinale, when these diseases exist in infectious or other fresh treatment demanding form. Complications, which first obtained a longer number of years after these sensyfilistiske diseases, such as heart and nervous disorders, are not covered by the concept.

4) subsistence: hospital stay, Board and lodging as well as nursing supervision, as long as the person concerned is incapable of working due to illness. Reimbursement for lodging shall be granted only when the fisherman of therapeutic reasons staying outside of the home. Remuneration for Board and lodging shall not be granted during hospital stay.

5) medical assistance: medical examination with its prescriptions and treatments, including medical supervision, operations, x-ray etc Also be assimilated thereto certificate-and prescription preparation, etc. as well as transport to and from the doctor, hospital or other treatment facility.

6) medicines: Medicine, bandages, fysiurgisk treatment, in so far as the treatment takes place in conjunction with medical or hospital care, but not glasses, trusses, crutches, prostheses and similar

7) Fraudulently failed in saying illnesses or disorders: such diseases or bodily damage that a fisherman has kept hidden by his appointment, notwithstanding that the person knew or should have known, that their non-presence was a prerequisite for recruitment.

8) self-inflicted illness or bodily injury: Such illness or injury which is sustained by their own irresponsible fisherman – intentionally or grossly negligently – relationship. Venereal disease is considered in this context not as self-inflicted.

§ 2. This Ordinance shall apply to fishermen.

Chapter 2 section 3 Care. A sick or injured fisherman are entitled to care under the conditions arising from § § 27, 30 and 49, nr. 16 of the law on seafarers ' conditions of employment, etc., Care includes subsistence, medical assistance and medicines, see. the aforementioned law § 2, nr. 3-5. § 4. The master shall ensure that a sick or injured fisherman on board or ashore will have proper care. This duty is independent of who is obliged to bear the costs of care, see. the Executive order on Chapter 5.

(2). Treatment on board while the ship is in the Lake, the fish must be carried out in accordance with the requirements of one of the Danish maritime authority approved medical book for seafarers, as well as in cases where it is possible and of therapeutic reasons is considered necessary, with sought advice from Radio Medical.

(3). The ship is in port, or is it in such proximity to the country that care options in the country can and should be taken into account, the master determines, taking into account the nature and details of chance to the seaman would, about the care will continue to be granted on the table whether there should be called upon or consulted doctor from land, or on hospital treatment – mobile or in the form of hospitalization – must be initiated.

(4). Is there a doctor on board the ship, must care be entrusted to this.

§ 5. Leaving a sick fishing abroad, should the master surrender him to the Danish welfare or representative, if there is no Danish representation on the spot, otherwise provide him proper care and inform the nearest Danish representation thereof. If the fisherman wants it, the master must inform his next of kin.

Chapter 3 Free travel with maintenance section 6. Fishermen are entitled to free travel after the rules in § 8, §§ 11-13, article 14, paragraph 1, of the basic regulation. paragraph 3, article 18, paragraph 2, section 18 (b), paragraph 2, article 19, paragraph 2, article 19 a, paragraph 2, section 30, paragraph 3, and § 35 of the law on seafarers ' conditions of employment, etc.

§ 7. Free travel include: 1) transport from the place where the fisherman stayed, since the right to free travel occurred and the place of destination.

2) maintenance both during the journey like during the stay at the place of departure in anticipation of that travel can be arranged.

3) transportation of personal effects, but not of other goods acquired during the journey.

§ 8. In the absence of specific agreement about travel the way to transport implementation can be used any public transport means. There may, however, be agreed other special transport way. The journey should be organised in such a way that it is implemented as soon as possible. Organizing must take into account the fish's wishes, his State of health and costs.

§ 9. Support shall be granted having regard to the place of the prevailing cost of living.

§ 10. When resigning for the return journey to Denmark under section 8 of the law on seafarers ' conditions of employment, etc. must be made at the same time, the demand for the return journey with the fish's own termination or resignation.

§ 11. Fisherman can waive his or her right to free travel, see. However, paragraph 2. The fisherman did not claim reimbursement for the unused right.

(2). The fisherman may not waive his right to free travel in cases 1) where the journey is decided as part of a sick or injured fisherman's care, and 2) where the purpose is to send him to further care at home or placement site.

Chapter 4 Special about funeral and cremation section 12. A fisherman dies while he is given over to a Danish hospitality care, see. This order § 5, takes over the Danish representation in executive order No. 829 out of 10. December 1990 on inquest and funeral, etc. by deaths at sea mentioned duties with regard to burial or cremation.

Chapter 5 payment and refund rules in section 13. The cost of a fisherman's care shall be borne by the shipowner, 1) during service, see. paragraph 2, or 2) from the service in until 12 weeks, however not beyond 2 weeks after the fisherman has come to the country where he is domiciled, in accordance with article 3. However, paragraphs 2 and 3. With the termination of his service made the case, in which the fisherman left (afmønstres) in port, without the service is formally brought to an end.

(2). Paragraph 1 shall not apply to the fish's diseases or disorders or failed in saying fraudulently by fish's self-inflicted illness or bodily injury. Venereal disease is considered in this context not as self-inflicted. The fisherman shall bear the costs in care in addition to those listed in paragraph 1, no. 2 periods of respectively 12 or 2 weeks.

(3). The State shall bear the costs related to the care of a fisherman suffering from venereal disease or tuberculosis, in the period from the termination of the service and until the end of the in (1). 2 periods of respectively 12 or 2 weeks.

(4). The State has no obligation to pay for fish's care after the termination of the service, to the extent that treatment costs will be covered by a social security scheme or secured in a foreign health insurance, medical association or private insurance company, but should advance costs until cost can be refunded.

§ 14. The cost of free travel with subsistence shall be borne by the shipowner when the fisherman resigns 1) outside their home country after the denunciation of the shipowner or the expiry of a fixed-term employment agreement, 2) as a result of the bankruptcy of the shipowner, etc., 3) due to the owner not lawful removal, 4) by removal or resignation after §§ 11, 12, 13 or 14 of the law on seafarers ' conditions of employment, etc., 5) as a result of war risk, etc. without prejudice to article. the in no. 4 those covered by section 18 (a) and section 18 (b), 6) as a result of illness or injury, that has or could have induced termination of service, or termination of the service 7) as a result of the loss of the ship.

(2). For fishermen with residence in Denmark shall reimburse the State half of the cost of the fish's journey home with the team when resigning after prolonged service, see. § 8, paragraph 2, of the law on seafarers ' conditions of employment, etc.

(3). In cases where the shipowner is someone other than the employer, it is incumbent on the obligation to incur expenditure in accordance with the Executive order on Chapter 2 and 3 also the owner.

§ 15. The fisherman shall bear the costs at own home travel as a result of diseases or disorders, or failed in saying fraudulently self-inflicted illness or physical injury. Venereal disease is considered in this context not as self-inflicted.

(2). The staff member shall bear the cost of own home also travel after the end of the section 30 of the Act, paragraphs 1 to 3 of the basic regulation. section 35 referred to periods of respectively 12 or 2 weeks.

§ 16. For fishers residing in Denmark is paying the State return travel expenses to the place of residence in Denmark, if the employees are suffering from venereal disease or tuberculosis, which have or could have induced termination of service.

§ 17. The master can turn to any Danish representation with a request for assistance to the implementation of the obligations incumbent on him under this Ordinance.

(2). If the representation on behalf of the shipowner shall take any of the measures required by this order, upon request, provide a guarantee for the master of the representation costs incurred. The security may consist of a warranty statement.

(3). The paid-in amount for hire representation to a sick or injured fisherman who left abroad, may, as appropriate, serve as security for the expenses, the sailor must cover.

§ 18. If the owner does not within a reasonable period of time shall take measures for fish's return in accordance with paragraph 6, the Danish maritime authority ensures fish's repatriation in accordance with paragraph 10 (a) of the law on seafarers ' conditions of employment, etc.

Chapter 6 account of usual good economy § 19. In cases where a measure in accordance with the provisions of the Executive order on Chapter 2, 3 and 4 shall be implemented by someone other than the one who has to bear the cost, should the measure be implemented in accordance with the usual good economy.

(2). In these cases, the who provisional has had to bear the expense, in the usual manner for use in the refund claim submission ensure adequate documentation.

Chapter 7 the punishment section 20. If the higher punishment not inflicted pursuant to section 65 (1) and (2) or section 66, nr. 1, point (b) of the law on seafarers ' conditions of employment, etc. or other law punishable violation of paragraph 4 (1) and (2) in fine.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(3). By the imposition of criminal liability in accordance with paragraph 2 shall be deemed to be for people who are employed to perform work on board the ship by someone other than the owner, also to be attached to the shipowner.

Chapter 8 entry into force of § 21. The notice shall enter into force on the 20. August 2013.

(2). The Ordinance shall apply to cases of disease or deaths occurred after the entry into force.

(3). The notice shall also apply for return flights, which began after the entry into force.

The Danish maritime authority, the 16. August 2013 Jan Gabrielsen/Alexander Milan