Completion of deviations from the law on seafarers ' employment conditions and so on for fishing vessels

In accordance with section 65, 66 and 75 of the law on seafarers ' employment relations, etc., cf. Law Order no. 742 of 18. July 2005, as amended by law no. 493 of 12. May 2010 and Law No 618 of 12. June 2013, shall be determined :

§ 1. The law on seafarers ' employment relations, etc. shall apply to fishing ships on fishing vessels, with the changes resulting from this notice § § 2-11.

§ 2. The Act of Section 6 (2). 5, section 7, paragraph. TWO, THREE. pkt., § § 8a-8f, § 10, paragraph paragraph 3 and section 19 (1). THREE, TWO. pkt., shall not apply.

§ 3. 1) If a sick or injured fisherman may not themselves take care of his belongings, the master shall be responsible for them.

§ 4. 2) For a fisherman who is sick or injured at the end of the ship-service, the following shall apply :

1) The hospital shall keep running as long as the person concerned is incompetent, but not more than eight weeks, irrespective of whether the fishing relationship of the fisherman ceases to take place within eight weeks from the end of the ship-service period.

2) In the case of an end to employment after an end of more than eight weeks from the end of the ship-service, the sickness shall continue to take place to the termination of the employment relationship.

3) If employees have become incapacuable at a time when the person concerned was not on the service of any of the shipping company, the eight weeks from the date on which the incapacity of the work was incapactuable shall be taken into account.

§ 5. 3) If the fisherman is ill or injured by the service, he shall have an end to the service provided for in Article 30 (1). 4-6. Exceptions shall be granted the right to care in the case of the shipowner for 12 weeks, not more than 2 weeks after he has arrived at the country where he is domiciled. The time shall be deduced from the day of departure or, if he does not depart, from that day on the ship of the ship.

§ 6. 4) The right to care includes only care homes outside the home Member State for up to 12 weeks after the illness or injury has occurred. If the disease occurs during the pregnancy and maternity leave, the section 29 of the law shall not apply.

§ 7. 5) Costs on board must be free of charge for the fisherman unless otherwise agreed.

§ 8. 6) A fisherman can bring the ship's driver's bill to the Sea Fartboard.

Paragraph 2. If the ship is outside Denmark, between the master and the fisherman on the balance of the balance or service, the case may be referred to Danish consul. The Tvisten shall not be brought to an end to an alien authority.

Paragraph 3. The Maritime Agency or the consul shall take the final administrative decision. If the fisherman has no other jurisdiction in Denmark, proceedings against him may be subject to the right to be placed in the seat of the ship.

Paragraph 4. If the circumstances are therefore under the circumstances, the decision shall be paid for the payment of a sum over 500 kr; the consul may decide that the amount or a portion thereof shall be deposited with him. A deposited amount shall, together with the transcript of the consulate ' s decision, be submitted to the Maritime Maritime Agency. The amount may be required after six months of flow, unless the dispute before has been brought before the Danish court.

§ 9. 7) In addition, the shipowner shall be siding on his duties in accordance with the provisions of Article 55 or of his obligations under the Clause Act of Title 1 to ensure compliance with Article 12 (2). 2 and 3, section 18 (a), 1-4, section 18 b, paragraph 1. 4 and 5, section 27, § 49, nr. Fifteen or no. 21, or § 55, the penalty in question shall be penalised to a fine or maximum sentence until 1 year. In addition, the shipowner shall be siding in accordance with Article 4 (4) of the 1 and 2, section 46, section 49, no. Three or three. (b) 21, section 57 or section 64 (b) (b) One, the penalty in question shall be punished.

§ 10. 8) Unless higher penalties have been imposed on other legislation, the master shall be punished or the person who has entered the master ' s place ;

1) with fine or penitentis up to four months if the person concerned ;

a) insubordinate or gross negligent use of higher power than are permitted by the sections 62 and 63 (3) of the law. 2, or

b) overrides his duties in accordance with the provisions of Article 12 (2). 2 and 3, section 18a, paragraph. 1-4, section 18b, paragraph. 4 and 5, section 27 (4). 1-5, or 55,

2) with a fine if the person concerned,

a) use anyone to work in contravention of the sections 4 or 57 of the law ; or

b) overrides his duties in accordance with the provisions of Articles 32, section 56, paragraph 1. 1, 2 and 4, § 60, section 63 (3). 3 and 4, section 64 (a), 3, section 64 (b) (b). Paragraph 1, section 74 or rules laid down in accordance with the provisions of the Act of Title 73 or Clause of Title 73a (3) Two, about the right to return home.

§ 11. 9) For the master, the following provisions shall apply in the law :

1) Section 1 (1). 2,

2) Section 3, paragraph 3. 3 and 4,

3) Section 4 (4). 2,

4) Section 6 (2). 1-4,

5) Section 7 (2). 1, cf. § 39,

6) § 8,

7) § 10 (a) (a) 1 and 2,

8) Section 14, paragraph 14. 1, cf. paragraph 3,

9) § 15,

10) § 18 a,

11) § 18 b,

12) § 18 c,

13) § 18 d,

14) ~ § 21, 22 and 24-26,

15) section 27 of the deviation resulting from section 3 of this notice,

16) § 28,

17) § § 29-30, cf. sections 35, 40 and 41, with the deviations resulting from sections 4 to 6 of this notice,

18) § 31,

(19) ~ § 32 and 34,

20) § 33, cf. section 35, with the deviations arising from section 6 of this notice,

21) § 55, paragraph 1. 1, with the deviation resulting from section 7 of this notice, and section 55 (1). 2,

(22) § 57, and

23) § 61.

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

Paragraph 2. At the same time, notice No Thirteen of eight. January 1974, the application of seamen's slots on fishing vessels.

1) The provision relates to a derogation from the section 27 (2) of the law. 6.

2) The provision relates to a derogation from the provisions of Article 29 (2) of the law. 2.

3) The provision relates to a derogation from the section 30 (1) of the law. 2.

4) The provision relates to a derogation from the section 35 (5) of the law. 2.

5) The provision relates to a derogation from the section 55 (5) of the law. ONE, TWO. Act.

6) The provision relates to a deviation from the section 64 of the law.

7) The provision relates to a derogation from the section 65 (5) of the law. 1-3, and paragraph 1. 5.

8) The provision relates to a derogation from the section 66 of the law.

9) The provision relates to a derogation from the section 49 of the law.