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The Time Of Maritime Labour Law

Original Language Title: Merityöaikalaki

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Maritime Labour Law

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In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1
Scope

This law shall apply to the work carried out by a person on board, on board or otherwise on board, on board or elsewhere on the orders of the Finnish, foreign-transport vessel.

The provisions of the law must be complied with even when the ship used for foreign transport makes trips between Finnish ports.

This law shall also apply, within the limits laid down in Article 2, to work on a sea fishing vessel operating on the basis of (248/1982) In waters beyond the scope of application. (29.10.2004)

What this law provides for an employee is also applicable to a civil servant. Similarly, what is laid down in this law in the form of a collective agreement also applies to the collective agreement. (23.2.2001)

ARTICLE 2 (17.10.1997/98)
Derogations from the scope

This law shall not apply to work carried out by:

(1) the master of a vessel in which, in addition to the master, there are at least two persons, except as provided for in Articles 9a, 10 and 19a;

(2) the Chief Engineer and the first officer, when their work has not been allocated on guard duty, except as provided for in Articles 9a, 10 and 19a;

(3) senior manager of a passenger vessel in which, in addition to the above mentioned supervisor, there are at least 15 persons;

(4) a member of the family of the employer, unless there are also other persons permanently on board;

(5) the person receiving the remuneration exclusively of the profit share;

(6) the person who works on board only when it is at the port;

(7) a person who does only temporary work on behalf of the ship;

(8) a doctor who has taken action solely for medical purposes; or

(9) the person who is acting:

(a) on a ship used for defence or security purposes; or

(b) in the fishing vessel, where the vessel is in the catching zone; however, the provisions of Article 9a shall apply to the minimum rest period.

(29.10.2004)
ARTICLE 3 (23.2.2001)
Definitions

For the purposes of this law:

(1) The shift worker An employee whose work is divided into watch;

(2) Day worker; An employee whose work is not allocated on guard duty and is not an economic worker;

(3) Economic worker An employee who has been taken on by the crew of the crew or passengers, or any service or other activities relating to such work, or office work or any other task such as that which is not a cover, machine or radio service;

(4) On a passenger ship A vessel which, according to the provisions in force, must be surveyed on board passenger ships;

(5) 24 hours Between 00 and midnight;

(6) In the port days The day for which the ship is in port;

(7) During the season Days during which the vessel is on its way;

(8) During the period of arrival and departure Days during which the ship enters or leaves the port;

(9) Week Time from Monday to 00 on Sunday at 24 hours;

(10) On a Sunday Sunday or other religious festivities as well as the date of independence and the day of the day;

(11) External service Traffic between ports in Finland and the port or between ports abroad; and

(12) The adjustment of working time A system to be drawn up for the purpose of working for a period during which the regular working time is adjusted to the prescribed average.

CHAPTER 2

Regular working time and working time

§ 4
Regular working time

The regular working time is no more than 8 hours a day and not more than 40 hours per week.

However, the regular working time of the economic worker on a Sunday or Saturday port day shall not exceed 5 hours:

(1) other than passenger craft; and

2) on the passenger ship when the passengers are not on board.

§ 5
Displacement of working time

The regular working time shall be so:

(1) that the worker does not have to work at the port during the period between 6 p.m. and 6:00 p.m.;

(2) that the day worker does not have to work at sea or port during the period between 6 and 6 p.m.;

(3) that an economic worker of a passenger ship does not have to work for 14 hours in a longer period;

(4) that the economic worker of a non-passenger ship does not have to work as a non-worker during the period between 6 p.m. and 9 p.m. and on a Sunday or Saturday in the port of Saturdays other than between 6 and 5 p.m.

However, in the absence of passengers on board a passenger vessel, the period referred to in paragraph 1 (3) shall not exceed a maximum of 12 hours and shall end on a daily basis other than on Saturday before 19 p.m. and on a Sunday; and Saturday before 3:00 p.m.

Notwithstanding the provisions of this Article on the establishment of working time, regular working hours may be placed on a daily basis other than on Saturday between 18 p.m. and 6 p.m. on a daily basis.

§ 5a (8.11.2002/934)
Short working time

If a worker in order to retire wants to work on a regular basis for a shorter period of time, the employer shall endeavour to organise the work so that the worker can work part-time. The reduction of working time will be carried out in a manner consistent with the employer's and the worker's needs, taking into account the needs of the worker and the employer's production and service activities.

CHAPTER 3

Work on holidays and on Saturday

ARTICLE 6
Scope of restrictions on the use of sacred and Saturdays

Subject to the provisions of this Act on overtime, no work shall be carried out on a Sunday and Saturday, except in the cases specified in this Chapter.

§ 7
Workers' duty to work on a Sunday and Saturday

The shift worker may be kept at work on a Sunday and Saturday, which is not a port day.

However, on a Sunday within the meaning of paragraph 1, an employee may be required to carry out only:

(1) the work necessary to keep, navigate or navigate the ship and to work in these areas, which will not tolerate delay;

(2) radio-telephony and radio-telephony services;

3) necessary, easy decontamination and decontamination for a maximum period of 1 hour;

(4) the work required by the crew of the crew;

(5) the work resulting from the departure and arrival of the vessel necessary for the release or attachment of the ship, for the purpose of lowering the anchor, for the purpose of lowering the landing staircase or the rope ladder, or any other equivalent work, Which is closely linked to the departure or the arrival of the vessel, as well as on the departure of the ship from the port to the lifting of lifting equipment and the work on the closure of hatches and gates;

(6) the work required for the embarking and export of passengers and their goods; and

(7) the work required by the introduction of muona and equipment.

On Sunday or Saturday, which is a port day, the shift worker must not be kept at work.

§ 8
Employability of an economic worker on a Sunday and Saturday

On a Sunday and Saturday, an economic worker shall be kept within the limits laid down in paragraph 2.

An economic worker of a non-passenger vessel, as well as an economic worker of a passenger ship, if the passengers are not on board, shall be obliged to do only the requirements for the supply of the crew and passengers during the port day on a Sunday. Work, necessary catering, and easy cleaning.

CHAPTER 4

Exit and rest periods (17.10.1997/98)

§ 9
Reproduction of overtime

Without prejudice to the regular working time, the establishment of working time and the commission of work on a Sunday and Saturday, an employee may be obliged to pay overtime.

In addition to regular daily working hours, the employee receives a maximum of 16 hours per week in overtime. (23/02/2015)

Overnight, which is replaced by the consideration referred to in Article 12 (2) and Article 14, shall not be taken into account for the calculation of the maximum weekly working time pursuant to paragraph 2. (17.10.1997/98)

§ 9a (23/02/2015)
Minimum rest period

The worker must be given a rest period of at least 10 hours in each 24 hours ( Daily rest ) And during each seven-day period a rest period of at least 77 hours.

The daily rest period may be divided up to two periods in such a way that the second period must be completed continuously for at least six hours. The interval between consecutive rest periods shall not exceed 14 hours.

If a worker's rest period is disturbed by a work party, he or she must be given adequate compensatory rest.

A break of less than 30 minutes shall not be read in the rest period referred to in paragraphs 1 and 2.

§ 9b (23.2.2001)
Specific provision for young workers

An 18-year-old worker shall be given a continuous daily rest period of at least nine hours. A young worker shall not be kept at work between 24 hours and 05, unless the question is about the completion of a training programme for young people.

ARTICLE 10 (17.10.1997/98)
Derogations for restrictions on overtime and rest periods

The restrictions provided for in Article 9 (2) and Article 9a shall not apply to overtime required:

(1) for the purpose of carrying out work which is strictly necessary as a result of the threat of human life, vessel or commodity;

(2) to carry out work that is necessary for the sea (18/04/1994) For the provision of assistance;

(3) in order to participate in rescue and firefighting and other exercises to be kept by means of security, which are implemented according to the separate provision;

(4) to carry out the necessary watch service in the port;

(5) to carry out a measure imposed by the port authorities;

(6) for the purpose of carrying out work resulting from a reduction in the ship's crew that took place during the journey; or

7) to carry out work which does not tolerate delay and which could not be planned at any other time.

The exercises referred to in paragraph 1 (3) shall be carried out in a manner which interferes as little as possible with the worker's rest periods and does not cause fatigue. (23.2.2001)

ARTICLE 11 (23.2.2001)

§ 11 has been repealed by L 23.2.2001/151 .

ARTICLE 12
Absorption of the overtime claim

Work in excess of regular working time and work which is otherwise carried out by way of derogation from the provisions of Chaos 2 and 3 shall be replaced by the full amount of overtime, as provided for in Article 13.

In the case of a non-Sunday working day for more than 40 hours, over a period of more than 40 hours during the week, a special consideration shall be paid for the above period, as provided for in Article 14. It shall also replace the work that is to be done on a Sunday as a regular working day. For the purpose of calculating the resistance, the work which is to be replaced by the actual overtime allowance shall not be included.

ARTICLE 13
Actual overtime pay

The actual overtime payment shall be paid in cash or with the consent of the worker during the free period, as agreed by the collective agreement.

The amount of overtime paid shall be equal to at least 1/102 of the overtime worked on weekday and at least 1/63 of the employee's monthly allowance. In this case, there is no cash payment or any such allowance.

ARTICLE 14
Exceeding overtime compensation

The consideration referred to in Article 12 (2) shall be made:

(1) in the form of free time on a daily basis, in such a way that at least one day of leave is given for every 6.7 hours per consideration;

(2) in a free time in a port of a domestic port or of an agreement in a foreign port, in which case the leisure time must be at least equivalent to the length of the working time;

(3) the contract as a financial contribution to the payment of at least 1/172 of the worker's monthly allowance for one hour.

The free time referred to in paragraph 1 (1) shall, where applicable, comply with the requirements of the seamen's annual leave. (193/1984) Are provided for the payment of annual leave pay, the port of leave and the notification of the period of leave. (9.9.2010, P.

Paragraph 3 has been repealed by the MerimiesL 7.6.1978/423 Which entered into force on 1 July 1978.

§ 15
Periochtime

The employee's entitlement to the full amount of overtime or consideration in the form of cash or free time referred to in this Chapter shall have lapsed, unless the action has been brought within three years of the end of the calendar year in which: Such a right arose. (184/435)

The provisions laid down in paragraph 1 shall not apply to the acquisition before the entry into force of this Act.

CHAPTER 5

Supplementary provisions

Articles 16 to 16b

Article 16-16b has been repealed by L 9.9.2011/1026 .

Article 16c (18/12/98)

Article 16c was repealed by L on 18.12.1998/406, 1999.

§ 17 (18.4.1986/282)
Dual-shift

Without prejudice to the provisions of this Act, a work on a ship with a gross tonnage of less than 500 tonnes shall be organised as a dual duty, in which case it may be agreed that, in the case of a regular daily working time of 8 hours a day, By way of derogation from the provisions of this Act.

In a collective agreement, a vessel with a gross tonnage of 500 tonnes or more but less than 1 600 tonnes may agree on the organisation of work on a dual-shift basis. In addition, the compensation for the overrun of the regular working hours of 8 hours must be agreed in a collective agreement.

ARTICLE 18
Working time interruptions and shift change

For the purpose of calculating working time, it shall not read at least 30 minutes of eating time or any other interruption of the ship's work, provided that the employee is allowed to leave the workplace and the suspension takes at least 1 hour.

At the same time, there is no work that is necessary for the safe passage of the ship, solely because of the change in guard duty.

§ 19 (23.2.2001)
Working time adjustment system

If the regular working time is average for the purposes of Article 20b, it is necessary to set up a system for the adjustment of working time for at least the period during which the regular working time is adjusted to the adjusted average.

When preparing or intending to change the system of adjustment of working time, the employer shall make an appointment to the employees' trustee, or if such a person has not been elected, or if that is not the case, an opportunity for workers to: Give an opinion. A sufficient period of time shall be provided for the nature of the draft.

The change in the working time adjustment system shall be notified to the workers in good time.

§ 19a (23.2.2001)
List of work and watch lists

A working roster shall be drawn up for each job, showing the dates of the commencing and the end of the regular working time of the employee and the rest periods referred to in Article 9a. The list of working hours shall be drawn up in the working language of the vessel and in English.

A watch list shall be drawn up for the guard staff showing the name of the person and acting on board and the commencement and end times of the guard.

The work and watch list shall be drawn up for a period of work or at least two weeks at a time. Any changes must be made without delay. The list of work and watch lists shall be held in a prominent place on board.

Article 19b (20/12/2013/1070)

Article 19b has been repealed by L 20.12.2013/1070 .

§ 20 (23.2.2001)
Working time accounts

The employer shall record the hours worked and the compensation paid per employee. The records shall include all hours worked as well as separately, emergency and Sunday working hours and the increase in the number of hours worked. In that case, the half hour initiated shall be calculated at the time of the replacement for half an hour. The employer shall keep working time records at least until the end of the period laid down in Article 15.

The working time accounts shall be shown to be shown by the labour inspecting officer as well as to the employees' confidence man or, in the absence of such an election, to the Labour Inspector. The employee or his authorised authority shall be entitled to a written report on the labelling of working and watch lists and working time accounting workers.

Upon request, a copy of the working time records, the working time adjustment system and the working schedule referred to in Article 19a shall be provided to the Labour Inspection Authority.

§ 20a (23.2.2001)
The mandatory nature of the provisions and the derogation from the contract

Subject to this law, a contract which reduces the benefits to an employee under this law shall be null and void.

Article 20b (23.2.2001)
Mandatory and derogations from the provisions of the national collective agreement

In addition to the provisions of this Act, employers'and employees' associations with an activity district covering the whole of the country are entitled to agree otherwise with Articles 3 to 9, 12, 14, 19 and 19 (a). However, the average weekly working time shall not exceed 40 hours on average over a period not exceeding 52 weeks. (9.9.2010, P.

The provisions of the collective agreement may apply to workers who are not bound by collective agreements but whose employment relationships otherwise comply with the provisions of the collective agreement. The provisions referred to above may be complied with after the termination of the collective agreement, pending the entry into force of the new collective agreement, in the employment relationships in which the provisions would be applied if the collective agreement remained in force. Where a new collective agreement is not concluded within six months of the previous cessation, both parties have the right to declare that the provisions of the collective agreement must cease to apply after two weeks The notification, or if it is necessary due to the levying of regular working time, at the end of the current stabilisation period.

What is provided for in this section of the Employers' Association, which comprises the whole of the country, shall apply accordingly to the State negotiating authority or any other State contracting authority, to the municipality, to the municipal council, to the municipal council delegation. And the provincial government of the province of Åland and the municipal council of the Åland Islands.

The provisions of the Collective Agreement which undermine the interests of workers with equivalent status as defined in binding international agreements or in accordance with European Union law shall be null and void. Such an order shall be replaced by the provisions of the international agreement or acts of the European Union or, where it is not possible, provisions which have entered into force in accordance with the provisions of the international agreement or Union acts. (9.9.2010, P.

ARTICLE 21 (9.9.2010, P.
Sightseeing

The employer must keep this law and its provisions on the free access of workers to the workplace.

The documents must also appear in English.

§ 22 (23.2.2001)
Control

The Labour Inspection Service shall monitor compliance with this law and the contracts concluded on the basis of Article 20b.

CHAPTER 6

Penalty provisions and prosecution

ARTICLE 23 (21.4.1995/681)
Maritime work time infringement

The employer or his/her representative who, intentionally or negligently, infringes the provisions or provisions relating to non-payment, working time accounts or the rules adopted pursuant to this Act, shall be condemned: On the Maritime Labour Time Directive Fine.

The responsibility between the employer and his representatives shall be determined Article 7 of Chapter 47 of the Penal Code On the basis of the criteria laid down.

§ 24 (23.2.2001)
Working time protection crime

The penalty for failure to comply with the working time accounts referred to in Article 20 (1) or the abuse of working time and the time limit for the time limit for maritime labour which, despite the request of the Labour Inspectorate, the order or the prohibition, provides for: Criminal law (39/1889) in Chapter 47, Article 2 .

ARTICLES 25 TO 27

Articles 25 to 27 have been repealed by L 21.4.1995/681 .

CHAPTER 7

Miscellareous provisions

ARTICLE 28 (20.5.1996/335)
The court

In cases to be resolved under this law, the first court is determined by the sea law (674/94) Articles 1 and 7. Otherwise, the trial will follow what is provided for in the Tribute.

§ 29
Freedom of establishment

More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.

ARTICLE 30
Entry into force:

This Act shall enter into force on 1 July 1976. It repeals the Maritime Labour Law of 14 July 1961 (409/61) With its subsequent modifications.

Entry into force and application of amending acts:

7.6.1978/423:
1 JUNE 1984/4:

This Act shall enter into force on 1 October 1984.

HE 180/83, sosvkms. 2/84, svk.M. 10/84

18.4.1986/282:

This Act shall enter into force on 1 May 1986.

HE 179/85, sosvkms. 1/86, the svk.M. 10/86

6.3.1987/25:

This Act shall enter into force on 1 April 1987.

HE 212/86, sosvkms. 35/86, svk.m. 236/86

13 DECEMBER 1991/1510:

This Act shall enter into force on 1 January 1992.

However, before the entry into force of the law, an application for an exemption shall be treated according to the provisions in force at the date of entry into force of this Act.

HE 122/91 TyV.miet. 4/91

8.1.1993/26:

This Act shall enter into force on 1 March 1993.

Decisions on the pattern of the Working Time Book in force at the time of entry into force of this Act shall remain in force, unless otherwise specified.

THEY 328/92 , TyVM 14/92

21.4.1995/68:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

20.5.1996/335:

This Act shall enter into force on 1 June 1996.

THEY 199/95 , TyVM 1/96, EV 31/96

10 JANUARY 1997/17:

This Act shall enter into force on 1 April 1997.

THEY 178/1996 , TyVM 15/1996, EV 176/1996

17 OCTOBER 1997/98:

This Act shall enter into force on 1 November 1997.

THEY 96/1997 , TyVM 11/1997, EV 111/1997

18.12.1998/406/1999:

This Act shall enter into force at the time laid down by the Regulation.

THEY 103/1998 , LaVM 14/1998, EV 174/1998

23.2.2001/15:

This Act shall enter into force on 1 March 2001.

THEY 6/2001 (1) Council Directive 1999 /63/EC (31999L0063); OJ L 167, 2.7.1999, p. 33, 2) Directive 1999 /95/EC of the European Parliament and of the Council (31999L0095); OJ L 14, 20.1.2000, p. 29

8.11.2002/934:

This Act shall enter into force on 1 January 2003.

THEY 166/2002 , N ° 137/2002,

29.10.2004/94:

This Act shall enter into force on 1 December 2004.

THEY 136/2004 , TyVM 10/2004, EV 124/2004, Directive 2003 /88/EC of the European Parliament and of the Council (32003L0088); OJ L 299, 18.11.2003, p. 9

19 DECEMBER 2008/969:

This Act shall enter into force at the time of the Council Regulation.

This law shall apply to compensation for the costs incurred on 1 January 2009 and thereafter.

Before the entry into force of this Act, measures may be taken to implement the law.

L 969/2008 Entered into force on 15 December 2009 1001/2009 In accordance with

THEY 148/2008 , LiVM 13/2008, EV 123/2008

9.9.2011/1026:

This Act shall enter into force on 1 October 2011.

THEY 264/2010 , TyVM 16/2010, EV 305/2010, Council Directive 2009 /13/EC; OJ L 124, 20.5.2009, p. 30

23.3.2015:

This Act shall enter into force on 1 April 2012.

THEY 125/2011 , TyVM 1/2012, EV 4/2012, Council Directive 2009 /13/EC; OJ L 124, 20.5.2009, p. 30

20.12.2014:

This Act shall enter into force on 1 January 2014.

THEY 146/2013 , TyVM 9/2013, EV 180/2013