Notice Of Derogations From The Law On Seafarers ' Conditions Of Employment, Etc., For Fishing Vessels

Original Language Title: Bekendtgørelse om fravigelser fra lov om søfarendes ansættelsesforhold m.v. for fiskeskibe

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Notice of derogations from the law on seafarers ' conditions of employment, etc., for fishing vessels

Pursuant to sections 65, 66 and 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 and law No. 618 of 12. June 2013 shall be determined: § 1. Law on seafarers ' conditions of employment, etc. applicable to the employment relationship on fishing vessels with the changes brought by this order section § 2-11.

§ 2. § 6, paragraph 5, article 7, paragraph 2, 3. section, § § 8a-8f, § 10 (3) and section 19 (3), 2. paragraph shall not apply.

§ 3. 1) Can a sick or injured fish cannot even take care of his belongings, the master must care for them.

§ 4. 2) For a fisherman who is sick or injured by ship service termination, the following applies: 1) Sick wages runs on, as long as the person is incapacitated, subject to a maximum of 8 weeks, regardless of whether the fish's employment relationship terminates prior to the elapsing of 8 weeks from shipping service termination.

2) Terminates the employment relationship, after that elapsed more than 8 weeks from shipping service termination, runs medical wages further to the termination of the employment relationship.

3) Is the fishing been disabled employees at a time when the person concerned was not in service at one of the company's ships, counted the 8 weeks from the time when the incapacity for work occurred.

§ 5. 3) Is ill or injured fisherman at the termination of his service, he has with those in section 30, paragraph 4-6 listed exceptions the right to care for the shipowner's expense, for up to 12 weeks, however not beyond 2 weeks after he has arrived to the country where he is domiciled. The time is counted from the day of resignation or, if he is not afmønstres, from the day when the ship departs.

§ 6. 4) right to care include only care outside their home country for up to 12 weeks after the illness or injury occurred. Onsets the disease during pregnancy and/or maternity leave, see section 29 of the Act shall not apply.

§ 7. 5) Diet on board must be free for the fisherman, unless otherwise agreed.

§ 8. 6) a fisherman can bring the master settlement of the Danish maritime authority.

(2). Occurs while the ship is outside Denmark, dispute between the master and the fisherman on the settlement or the case, moreover, the case can be submitted to the Danish consul. The dispute may not be brought before a foreign authority.

(3). The Danish maritime authority or Consul shall take the final administrative decision. Has the fisherman not second venue in Denmark, the case against him is being filed at the Court in whose district the ship is registered.

(4). The decision applies to the payment of an amount of 500 DKK, the Consul if the circumstances justify it, determine the amount or a portion thereof must be deposited with him. A deposited amount shall, together with the transcript of the decision submitted to the Danish maritime authority konsulens. The amount may be paid after 6 months, unless the dispute has been brought before the Danish court beforehand.

§ 9. 7) Overrides the owner his duties according to § 55 or its obligation under § 1 (a) to ensure compliance with article 12, paragraphs 2 and 3, section 18 (a), paragraphs 1-4, section 18 (b), paragraphs 4 and 5, § 27, § 49, nr. 15 or no. 21, § 55, punished the person concerned or by a fine or imprisonment up to 1 year. Overrides the owner his duties according to § 4 (1) and (2), § 46, § 49, nr. 3 or no. 21, section 57 or section 64 (b), paragraph 1, the person concerned shall be punished with a fine.

§ 10. 8) Unless a higher penalty is inflicted upon other legislation punished the master or the person entered into the master's place, 1) by a fine or imprisonment up to 4 months, if the person concerned a) intentionally or grossly negligent use higher power than permitted by the Act's sections 62 and 63, paragraph 2, or b) overrides its duties according to § 12, paragraphs 2 and 3, § 18a, paragraph 1-4 section 18b, paragraphs 4 and 5, § 27, paragraph 1-5, 55, 2) with fine or, if the person (a)) uses any to work in contravention of section 4 or section 57, or b) overrides his duties after § 32, § 56, paragraphs 1, 2 and 4, § 60, section 63 (3) and (4) section 64 (a), paragraph 3, section 64 (b), paragraph 1, section 74 or rules laid down pursuant to § 73 or section 73a (2) on the right to return.

§ 11. 9) For the master in law the following provisions shall apply: 1) section 1 (2), 2) section 3, paragraphs 3 and 4, 3) § 4, paragraph 2, 4) § 6, paragraph 1 – 4, 5) section 7, paragraph 1, of the basic regulation. § 39, 6) § 8, 7) section 10 (a), paragraphs 1 and 2, 8) section 14, paragraph 1, of the basic regulation. paragraph 3, 9) § 15, 10) section 18 (a), 11) section 18 (b), 12) section 18 c, 13) section 18 d, 14) sections 21, 22 and 24-26, 15) section 27 of the derogation resulting from section 3 of this Ordinance, 16) section 28, 17) sections 29-30 of the basic regulation. sections 35, 40 and 41, with the exceptions arising from sections 4-6 of this Ordinance, section 31) 18, 19) sections 32 and 34, 20) section 33 of the basic regulation. section 35, with the derogations resulting from section 6 of this Ordinance, 21) section 55, paragraph 1, with the derogation resulting from § 7 of this Ordinance, and section 55, paragraph 2, section 57), 22 and 23) section 61.

§ 12. The notice shall enter into force on the 20. August 2013.

(2). At the same time repealed Executive Order No. 13 by 8. January 1974 on seamen's Act apply to fishing vessels.

The Danish maritime authority, the 15. August 2013 Jan Gabrielsen/Jorgen Bleak Official notes 1) Provision relating to a derogation from § 27, paragraph 6.

2) the provision concerns a derogation of article 29, paragraph 2.

3) the provision concerns a derogation of article 30, paragraph 2.

4) Provision relating to a derogation of article 35, paragraph 2.

5) Provision relating to a derogation of article 55 (1), (2). PT.

6) the provision concerns an exception to section 64.

7) the provision concerns a derogation of article 65, paragraph 1-3, and paragraph 5.

8) Provision relating to a derogation from § 66.

9) the provision concerns an exception to § 49.