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Notice Of Private Placement And Dissemination Services Company

Original Language Title: Bekendtgørelse om private forhyrings- og formidlingstjenesters virksomhed

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Table of Contents
Chapter 1 Definitions and scope
Chapter 2 Prohibiation and dissemination services certification and obligations
Chapter 3 Maritime Management Certification and Control
Chapter 4 Storage egers
Chapter 5 Special provisions
Chapter 6 Punishment
Chapter 7 Entry into force-determination

Publication of the activities of private forefront and intermediary services 1)

In accordance with Article 8 (b) (b) 2, section 65 (2). 3, section 66, no. (b) 2 (b), section 70 (4), 1, and section 74 a in the law of the seafarers ' employment conditions, cf. Law Order no. 742 of 18. July 2005 on seafarers ' employment conditions, etc., as amended by law no. 493 of 12. May 2010 and Law No 251 of 30. March 2011, and section 20 a and 20 b in the law on safety at sea, cf. Law Order no. 654 of 15. June 2010, as amended by law no. 1231 of 18. December 2012, determined by authority :

Chapter 1

Definitions and scope

§ 1. The announcement shall apply to private service and dissemination services in Denmark whose primary purpose is to engage or disseminate work to seafarers on merchant ships or to hire or transfer work to a significant number of products ; seafarers on merchant ships.

Paragraph 2. A merchant ship shall be understood to mean any ship, with the exception of warships, troop ships, fishing vessels and recreational craft.

Paragraph 3. In case of doubts as to the subject of a service provision and service provision to be subject to paragraph 1. 1, the question of the Maritime Agency shall be determined in accordance with the consultation of the relevant organisations for seafarers and shipowners.

§ 2. For the purposes of this notice :

1) Private service and dissemination service for seafarers : any private person or company, institution, agency or other organization not established under the aegis of the public and engaged in the dire-treatment of seafarers or intermediaries ; by seafarers for work on merchant ships.

2) Prohibit of seafarers : the conclusion of a contract of employment with a seafarers, a representative of a person, on behalf of another.

3) Amidling of seafarers : the establishment of contact between a specific seafarers with no jobs and an employer who has a free job on a merchant ship. Information about free jobs for seafarers or professional organisations ' s websites having a character of ordinary job advertisements is not considered to be a dissemination service.

4) " seafarers " shall mean any person employed, employed or employed on board a merchant ship and not exclusively on board, while the ship is in port.

Chapter 2

Prohibiation and dissemination services certification and obligations

§ 3. A front and dissemination service must have a valid certificate in order to exercise its business.

Paragraph 2. The certificate shall be issued by the Maritime or Management Board, or of the Management Board, to be issued. It shall be valid for 5 years, unless the Maritime Service Management Board shall fix a shorter period of validity.

Paragraph 3. This is a condition for obtaining a certificate in accordance with paragraph 1. 1 that the service and dissemination service may be able to demonstrate to the Maritime Service that the service has established procedures to ensure compliance with the obligations imposed on the front and intermediate obligations under sections 4 to 8 and section 12 to 14, including : procedures to ensure the presence of the necessary knowledge in order to fulfil these obligations.

Paragraph 4. The certificate shall be discarved at the bankruptcy of the intermediation and dissemination service. The certificate may be revoked on gross or repeated infringements of the rules in sections 4 to 8 or § 12 to 14.

§ 4. A front-and-service service shall ensure that the seafarers who are andiced or disseminated to a commercial ship shall be ensured ;

1) are qualified and have the documents necessary for the work to be carried out by the person concerned on board,

2) have the required evidence to be suitable for the work which is to be carried out on board,

3) enter a written agreement which complies with the laws and regulations in force in the country whose flag the ship is flying ;

4) be informed of its rights and obligations under the contract of employment, including the employment policy of the employer,

5) have the opportunity to review the contract of employment no later than the signing of the contract ; and

6) receive a signed copy of the contract of employment and of any collective bargaining which is part of the contract of employment.

§ 5. The service and dissemination service may not directly or indirectly require the payment of the seafarers, in accordance with the procedure laid down in the case of the shipping company. however, paragraph 1 2

Paragraph 2. Paragraph 1 shall not apply to expenditure to comply with the requirements of the flag State concerning seafarers certificates, other similar evidence or any. the shipping book and the costs of passports or other personal travel documents, with the exception of expenditure required for a necessary visa.

§ 6. The service and dissemination service have a duty to provide financial security to cover the financial loss of seafarers as a result of the maladministration of the service, and to the holder or to the extent the employer is different from the shipowner, his or her other than the shipowner, failure to comply with the obligations arising out of the appointment of the seafarers ' contract. The financial security may either be a bank guarantee for the undertaking or an insurance designated by the undertaking of an insurance undertaking which is authorised to carry out this type of insurance. Financial security shall at least amount to DKK 5000. per employed or disseminated seafarers for the calendar year concerned.

Paragraph 2. If financial security is in place, it has the duty to communicate this to the Sea Fartboard. If a new security has not been put in place, the financial security shall be fortified for financial losses in accordance with paragraph 1. 1. The requirement shall be made against the establishment within three months of the notification from the Maritime Agency, where the safety has been lodged, whether or not the coverage will end or be terminated due to non-compliance or termination.

Paragraph 3. The person providing financial security shall issue a certificate such as documentation for this, and the service and dissemination service shall ensure that the certificate is posted to the establishment where it is readily accessible and visible to seafarers.

§ 7. The service and dissemination service have a duty to deal with complaints concerning their business and, on the request of the Maritime Management Board, submit the documents in a complaint.

§ 8. The service and dissemination service must keep a register of all seafarers engaged or disseminated by the service. The register shall be available for inspection by the Maritime Agency or any other Maritime Service Management Board may be of the same.

Chapter 3

Maritime Management Certification and Control

§ 9. The Maritime Management Board shall issue certificates for the services and dissemination services in Denmark, cf. Section 3, paragraph 3. 2.

Paragraph 2. The Maritime Service Management Board may accept that classification societies, other undertakings or individuals issue certificates to private forefront and dissemination services in Denmark.

§ 10. The Danish Maritime Agency shall supervise the private service and dissemination services in Denmark certified by the Management Board.

Chapter 4

Storage egers

§ 11. Complaguing the activities of a certified private service and dissemination service may be brought to the Sea Fartboard.

Chapter 5

Special provisions

§ 12. A front and mediation service shall ensure that the following are fulfilled :

1) The seafarers shall be free to choose a ship during any debate on the howling or dissemination of a ship.

2) A shipowman or master shall have the right to choose its personnel freely.

3) That the employment contract ensures that all interested parties are protected.

§ 13. The service and dissemination service must ensure that the shipowner has made financial guarantees for the home travel of seafarers.

§ 14. A front-and-mediation service must not use funds or make lists suitable for preventing seafarers from getting work on board.

§ 15. Payment for certification of the Maritime Maritime Service shall be determined according to the Ministry of Finance ' s rules on charge calculation. The Maritime Service Management Board shall publish the applicable fee on the Maritime Maritime Management website www.sofartsstyrelsen.dk.

Chapter 6

Punishment

§ 16. The treeout of section 3 (3). One, section 4, section 5, section. Paragraph 1, section 6, paragraph 6. One and three, Clause 13 and Section 14 are punished.

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

Chapter 7

Entry into force-determination

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

Paragraph 2. At the same time, notification no. 120 of 2. March 1973 on the company of the front-office services.

Sea Fargo, the 7th. 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, nr. I'm 124, page 30-50.