Executive Order On Seafarers ' Right To Care

Original Language Title: Bekendtgørelse om søfarendes ret til pleje

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Table of Contents
Chapter 1 Scope and definitions
Chapter 2 Care
Chapter 3 Funeral and Burning and Burning
Chapter 4 Payment and Reimbursement Rules
Chapter 5 Punishment
Chapter 6 Entry into force into force

Publication of seafarers ' right to care 1)

In accordance with section 70 (4), 1, and section 73 of the law of the seafarers ' employment conditions, cf. Law Order no. 742 of 18. July 2005, as amended by law no. 493 of 12. The following may be authorised by May 2010 :

Chapter 1

Scope and definitions

§ 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. For the purposes of this notice :

1) Danish representation : Any Danish diplomatic or consular representation (embassy, general consulate, consulate or vice consulate).

2) Gender illnesses : syphilis, gonorrhea, ulcus venereum (soft chanker) and lymphagranuloma inguinal when these diseases are available in the form of contagious or other fresh treatment. Complications that first come a longer number of years after these diseases, such as senacious heart and nerve disease, are not covered by the concept.

3) Subteam : Hospitals, room and board, and nursing care as long as the person concerned is incapacuable due to illness. The provision of accommodation shall be granted only when the employee of the processing grounds is residing outside of the home. Lining and accommodation allowance shall not be granted under hospital care.

4) medical care : medical examination with associated ordinations and treatments, including medical supervision, operations, x-rays, and so on and so on, and transport to and from doctor, hospital or other therapeutic treatment.

5) Medicinal products : medicine, bandages, physiciliac treatment, provided that treatment is carried out in relation to medical or hospital care, but not goggles, brokbinder, crutches, prostheses, and phy.l.

6) Invigorated diseases or ailments : such diseases or bodily injuries, as a seafarers have been discontinued in his employment, irrespective of the fact that the person in question knew or should have known that their non-presence was a prerequisite for the occupation.

7) Suitable illness or bodily injury : such disease or injury to the seafarers has been inflicted on their own indefensible or gross negligent circumstances. Gender illnesses are not considered as self-inflicting.

Chapter 2


§ 3. A sick or injured employee is entitled to care under the conditions under the conditions laid down by the Act of Section 27, 30 and 49. 16. The rent includes subteams, medical care and medicinal products, cf. § 2, nr. 3-5.

§ 4. The master shall ensure that an employed on board or in the country is given sound care for illness or injury. This duty is independent of who has a duty to pay the costs of the care, cf. Chapter 4.

Paragraph 2. The treatment on board, while the ship is in the lake, must be carried out in accordance with the requirements of one of the Maritime Maritime Safety Board approved for seafarers and in cases where it is deemed necessary and for the purposes of therapeutic purposes, Consulting from Radio Medical.

Paragraph 3. Where the ship is in port or is it in the vicinity of the country, the ship may and should be taken into account, the master shall decide, taking into account the more precise nature of the case and the wishes of the employee, whether the care should be provided on board ; the doctor of the country must be called or consulted, or whether hospital treatment-paramedics or in the form of admission-must be implemented.

Paragraph 4. If the ship doctor is on board, the staple shall be left to it, as well as the ship ' s shipwreck shall take the measures referred to in paragraph 1. 3 mentioned decisions.

§ 5. If an employed person is ill abroad, the master shall surrender the person concerned to the Danish representation of the Danish representative or, if there is no Danish representation on the ground, in other ways provide for the appropriate care and notify to the nearest ; Danish representation on this matter. If the employee wishes to do so, the master of the ship shall inform the nearest next of kin to the person concerned.

Chapter 3

Funeral and Burning and Burning

§ 6. If an employee dies, the master of the ship shall inform the immediate family of the person concerned and provide the funeral. If the death has occurred abroad, then the immediate Danish representation shall be informed. The notification requirements of the master ' s notification in respect of deaths during the ship ' s port of Danish port shall apply to section 2 (2). Amendment No 4. 225 of 31. May 1968.

§ 7. Where the vessel is to be found, the ship shall be in the sea and may not be expected to arrive at a port or a place where any soil or similar combustion may be carried out, the master shall ensure that the body is reduced in the sea under the observation of the ship ; forms and ceremonies commonly followed in the field of merchant marines. If the late Danish Church has belonged to the Danish People's Church, the master shall, as far as possible, follow the instructions contained in the ' Instructions for Churn service on board `.

Paragraph 2. In other cases of an anatomy where the funeral or the equation is not taking place outside the homeland of the deceased, the master shall ensure that, including that it is carried out in a manner and as far as possible in accordance with the wishes of the deceased ; denunciation of religious ceremonial or other solemn forms, as usual, in the home of the deceased.

Paragraph 3. Unless the master considers that the facts do not permit the next of kin to take over the implementation of a funeral or incineration, the master of the ship should accompany it in accordance with a call to the families of the relatives of the law in the section of the law, to immediately express their wishes in this respect. If there is a timely declaration that the next of kin will take the necessary measures with regard to the funeral or the body of fire, the master shall take the necessary measures concerning the conservation of the inequitable, etc.

§ 8. In the Danish port of Danish port, the master shall be able to fulfil its obligations by entrusting a funeral or a funeral to a funeral and funeral parlor.

§ 9. If incineration is carried out by the master ' s measure, this shall ensure the discharge of the ash. Assistance for initiation of the return may be requested by a Danish representation.

§ 10. The master shall inform the Danish representation on the death and on the measures taken in accordance with the rules laid down in this Chapter.

§ 11. The master shall, as soon as possible after the death, preferably the same day, provide a record of what the deceased has left on board. The accuracy of the character shall be confirmed by 2 people. The master shall ensure that the register is also sent to the appropriate Danish or immediate Danish representation of the person concerned and the goods owed.

§ 12. Dying an employee while they are handed over to the representation of the representative, cf. Section 5 (5). 2, shall take over the aforementioned duties in front of the said duties in respect of the funeral or fire.

Chapter 4

Payment and Reimbursement Rules

§ 13. The costs of an employee's care shall be borne by the shipowner or the employer or the person who entered the position of the shipowner or employer :

1) Under the line of duty, jfr. however, below item 2.

2) From the end of the service for 16 weeks, not more than 2 weeks after the date of residence of the person concerned. by the way, under paragraph 1. Two, to four. The end of the service shall be the case where the staff are left behind (return) in port, without the service being formally terminated.

Paragraph 2. In those cases where the shipowner is a person other than the employer, the obligation to keep the care costs is also the shipowner.

Paragraph 3. Paraguating 1 and 2 shall not apply to the fraudulent pretentious disease or the self-inflicted disease of the disease, which is not considered to be self-inflicted as a self-inflicted disease. The staff shall bear the costs of their care in addition to the number of substances in the course of the paragraph 1. 2, mentioned time limits of 16 or 2 weeks respectively.

Paragraph 4. The State shall bear the cost of the care of an employed person suffering from an STD or tuberculosis, at the time of termination of the service and until the end of the items referred to in paragraph 1. 1, no. 2, mentioned time limits of 16 or 2 weeks respectively.

Paragraph 5. The shipowner or the state do not have a duty to pay for the care of its employees after the termination of the service, in the extent to which processing costs will be covered by a social security scheme or is guaranteed in a foreign health care system or private or private treatment ; the insurance undertaking, but must be rebutted to bear the costs until the costs are reimbursed.

§ 14. The cost of burial or incineration as well as-in the case of the incineration and burial of the equation, shall be borne as follows :

1) By the shipowner or the employer or the holder of the holder or employer, if the employee is dead in the service or at a time when the care has yet passed, jfr. Section 13 (1). 1, no. 2. In cases where the shipowner is a person other than the employer, the obligation shall also be borne by the shipowner.

2) Of the State, if the death has occurred, while the employee was entitled to care for the state's expense, jfr. Section 13 (1). 1, no. 2.

§ 15. The master may turn to any Danish representative with a request for assistance to carry out the duties incumbent to the person concerned after this notice.

Paragraph 2. Where the representation on behalf of the representative takes any of the measures required by this notice, the master shall, on request, provide for the safety of the expenses incurred by the master of the proceedings. The security may be made in a guarantee declaration.

Paragraph 3. In the case of the representations paid for an employee who is ill or injured and who is left abroad, may, where appropriate, serve as a guarantee of the costs of the staff themselves to cover.

§ 16. In cases where a measure referred to in Chapters 2 and 3 is implemented by a person other than the one that is to hold the expenditure in accordance with the preceding rules, the measure should be carried out in accordance with the usual good economy.

Paragraph 2. In these cases, the Member who has had to hold the expenditure may, where appropriate, ensure that the necessary documentation is provided for the reimbursement of the request.

Chapter 5


§ 17. If a higher penalty is not inflited on paragraph 65 (2), One and two, or § 66, no. Paragraph 1 (b) of the law on seafarers, etc. or other legislation, shall be penalised in violation of section 4 (4). One and two, section 6, section 7, paragraph 7. One and two, and section 11, with fine.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 3. 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.

Chapter 6

Entry into force into force

§ 18. The announcement will enter into force on the 20th. August 2013, and shall apply to cases of illness and deaths after the entry into force of the disease.

Paragraph 2. At the same time, notice No 614 of 29. November 1973, on the right to care and free travel, etc., on the search for sea slots.

Sea Fargo, the 14th. March 2013

Jan Gabrielsen

-Jørgen Leye.

Official notes

1) The announcement contains provisions which implement parts of 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/EC, EU-Official Journal 2009, L 124, page 30-50.