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In accordance with the decision of the Parliament:
This law shall apply to the work of the employee who, under the terms of the contract, is employed by the worker under his management and control for remuneration or other consideration on a ship used in Finnish domestic transport. Or on the employer's orders temporarily elsewhere.
This law shall also apply to holders of State, municipal and other public authorities, subject to the provisions laid down in Article 3.
Domestic traffic refers to transport within the borders of Finland and to the rental area of the Saimaa channel and immediately related to the waters of the Soviet Union.
This law shall apply even if the vessel is temporarily operated outside the waters referred to in paragraph 1.
This law shall not apply to work:
(1) shall be taken by the master of the vessel if at least four persons are employed on board, one of whom shall be qualified, except in Article 10, Article 12 (3) and Article 12 (b); (2001/152)
(2) which is made by a person who is paid exclusively for the profit share;
(3) the spouse or children of the employer;
4) which is taken by a doctor who has been employed solely for medical purposes;
(5) to be carried out on a fishing vessel, except for the minimum rest periods provided for in Articles 11 and 12;
6) which shall be carried out with the exception of rolling stock, with the exception of the means of transport used; or
(7) which is carried out on a ship operated by a State for defence or border security purposes.
(17.10.1997)In addition, this law shall not apply to work carried out without following the vessel, only when the vessel is caught on a dock or at an anchorage, where the said work falls within the scope of any other working time law, or which must be regarded merely as: Temporary inspection, maintenance, pilotage or other equivalent work.
The regular working time is no more than 8 hours a day and not more than 40 hours per week.
During the 24 hours, the time is between 00 a.m. and midnight.
The week refers to the time of Monday from 00 to Sunday at 24 hours.
In the case of workers living on board a vessel, the work may be organised on a regular basis of at least four hours and a maximum of six hours per day on a regular basis, when it may be necessary to ensure the continued safe passage of the ship From an angle. However, in the case of a two-day rotating rotation, the work can only be arranged if, in addition to the small size of the vessel, the accommodation of the employees on board is such that the use of more than two shifts cannot be kept by workers. Appropriate.
If the work has not been carried out, or if the vessel is fixed for a longer period of time on the platform or at an anchorage, the regular working time shall be arranged for a single period, except for the rest periods referred to in Article 11; Between 7:00 and 5:00 p.m. However, the regular working hours of economic workers may be located between 6 p.m. and 9 p.m.
If the worker's work is closely related to the work of the other employees of an industrial plant and the workers are living at home in their spare time, it may be possible for their regular working hours to be placed under Article 5 (2) without a uniform application. The working hours of the industrial plant's other employees.
Paragraph 2 has been repealed by L 14.6.1996/409 .
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.
If the employee is a contract law (756/2011) in Chapter 4, Article 6 Within the meaning of paragraph 1, or in a comparable way, or otherwise under the contract, to stay on board and, where appropriate, to be prepared immediately to take up work, the time used to read: In full at working time. (9.9.2011/1027)
If the person's readiness on board is less than the one referred to in paragraph 1, the time spent on it shall not be counted at working time. However, the time spent on such a readiness must be remunerate for at least half of the time spent on it, either in cash or in leisure.
If, according to the contract, the employee is obliged to stay in his apartment during a period of time from which he can be invited to work, the time for which he or she is not obliged to be tied up shall be suspended at the time of work. However, this period shall be remunerated, as provided for in paragraph 2.
In addition to the daily regular working time provided for in Article 4 (1), the employee is obliged to work overtime not more than 16 hours a week. However, the working time daily shall not exceed 14 hours. Of these maximum periods, the Ministry of Employment and the Economy may grant derogations in individual cases after giving the seamen's opinion the opportunity to deliver an opinion. The terms of the derogation are that the overtime is made with the worker's consent and that the scheduled rotation system, as referred to in Article 18, or working time, is set up within a period of three months to meet the above requirements. Ceilings.
By way of derogation from the provisions laid down in paragraph 1, when the work is organised on two shifts, an employee has an obligation to perform daily overtime of up to 28 hours per week and, in addition, to a maximum of 7 hours per week, if he is entitled to: Regularly at intervals not exceeding 30 days for repeated free time periods. The period of freedom shall be at least 7 days and shall include a whole weekend.
L to 1013/2015 Article 8 will enter into force on 1 January 2016. The previous wording reads:
In addition to the daily regular working time provided for in Article 4 (1), the employee is obliged to work overtime not more than 16 hours a week. However, the working time daily shall not exceed 14 hours. Of these maximum periods, the Ministry of Employment and the Economy may grant derogations in individual cases after giving the seamen's opinion the opportunity to deliver an opinion. The terms of the derogation are that the overtime is made with the worker's consent and that the scheduled rotation system, as referred to in Article 18, or working time, is set up within a period of three months to meet the above requirements. Ceilings. An appeal against the decision of the Ministry of Employment and the Economy is as follows: (18/06/1996) Provides. (9.9.2011/1027)
By way of derogation from the provisions laid down in paragraph 1, when the work is organised on two shifts, an employee has an obligation to perform daily overtime of up to 28 hours per week and, in addition, to a maximum of 7 hours per week, if he is entitled to: Regularly at intervals not exceeding 30 days for repeated free time periods. The period of freedom shall be at least 7 days and shall include a whole weekend.
Paragraph 3 has been repealed by L 14.6.1996/409 .
In the case referred to in Article 8 of the Ministry of Employment and the Economy, a corrigendum shall be required as in the administrative law (2003) Provides.
The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
L to 1013/2015 Article 8a enters into force on 1 January 2016.
In addition to the daily overtime referred to in Article 8, the employee is obliged to work overtime which exceeds the regular weekly working time provided for in Article 4 (1) but does not exceed a regular daily working time, up to 16 hours in two A week.
However, in the case of a rotation system within the meaning of Article 8 (2), the worker shall be obliged to carry out a weekly working period of up to 16 hours per week.
The restrictions provided for in Articles 8 and 9 and in Article 12 shall not apply to work over regular working time:
1) which must be carried out in order to combat the threat of human life, vessel or goods;
2) which is necessary for the sea (18/04/1994) For the provision of assistance;
(3) which must be carried out for the purpose of carrying out a measure imposed by a port or equivalent authority;
(4) arising from the unforeseeable reduction in the number of workers if the crew of the ship cannot be immediately supplemented by reasonable measures; or
(5) which is necessary to take part in the training of rescue or fire-extinguishing or other security equipment which is carried out according to which it is regulated separately.
The exercises referred to in paragraph 1 (5) shall be carried out in a manner which interferes as little as possible with the worker's rest periods and does not cause fatigue.
When working time, which is not divided into shifts, is six hours longer, the worker must be given at least one regular rest period of at least one hour during the course of his work, during which he may leave his or her place of work.
If the work is scheduled for six hours in accordance with Article 6 (2), the worker shall be given a rest period of at least 20 minutes every six hours.
At least a half-hour meal time and not less than one hour's rest period shall not be read if the worker is allowed to leave his or her place of work.
Paragraph 4 has been repealed by L 14.6.1996/409 .
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.
In the event of non-compliance with the rotation system, the worker must be given a period of at least 30 hours per week for a period of at least 30 hours.
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.
The master referred to in Article 3 (1) (1) shall be entitled to an average of at least nine months of paid leave per month. As far as possible, when it comes to free days, it is appropriate to respect, where appropriate, the provisions of Article 18 on the rotation system.
If, as in the case of a rotation system, repetitive free time periods cannot be arranged, or if the free days referred to above are not otherwise provided, they shall be provided no later than one month after the end of the sailing period.
The work exceeding the regular daily working time referred to in Article 4 (1) shall be carried out in the form of an increased salary, of which the amount of an hour shall be equal to or equal to 1/102, on a daily basis, as referred to in Article 8 (2), With the agreement of the employee, at least 1/63 of the employee's monthly salary.
In the case of alternable overtime, an increased salary may be exchanged in a free time as provided for in Article 16 below, provided that it is necessary for the rotation system in the ship. At the request of the worker, a change in salary has to be changed during leisure time outside the sailing season.
The free time shall be provided for overtime worked on a working day for 1.7 hours and on a Sunday and with the consent of the worker, as referred to in Article 8 (2), for a period of overtime of 2.7 hours.
In addition to the regular weekly working time, the work done will be replaced by a free period of 1,5 hours for each overtime hour. The weekly overwork may, if possible for the rotation system in the ship, be replaced with the worker's agreement with an increased rate of at least 1/114 of the monthly salary of the employee.
The overtime shall be recorded separately from each time that overtime has been carried out and, in the case of overtime payments, half an hour shall be calculated for half an hour. For the purpose of calculating the increase in overtime paid, no allowance shall be paid to the remuneration or the corresponding remuneration.
If the contract referred to in Article 22 (2) provides that regular working time may be placed outside the time limits referred to in Sections 5 and 6, the contract shall also specify the criteria according to which: The raised salary must be calculated. (14.6.1996/409)
The period of free time referred to in Articles 13 and 14 shall apply mutatis mutandis to the following: (193/1984) Provides for the calculation and payment of annual leave pay and the announcement of the date of the holiday. If, exceptionally, at the request of an employee at the request of an employee, a free time, free of up to three days, is free from the date of notification of the employer's notification, it may be agreed. (9.9.2011/1027)
The free time referred to in paragraph 1, Article 13 (2) and Article 14 (1) shall be given on a daily basis other than on Saturday.
The period of freedom shall be given at the latest before the start of the next sailing season. The free time shall not be imposed without the consent of the employee without the consent of the worker. When the employer terminates the employment contract for reasons other than that of the worker, so that the period of notice occurs partly or fully before the termination of the contract for a specified period of time, the period of time or part of the leisure time or part thereof The payment of the financial compensation, as provided for in Article 14, if requested by the worker.
On Sunday, on Christmas Eve, on Christmas Eve, on Easter Saturday, on the eve of the celebrations and on the eve of the Fourth of July and on the Day of Independence and on Day of Day, the work carried out on a regular daily basis shall be carried out with an increased salary of which: An hour of at least 1/86 of the employee's monthly salary.
If the work referred to in paragraph 1 is overtime, the compensation shall also be paid as provided for in Article 14. The amount of overtime pay shall be calculated on the basis of the unadjusted salary of the employee. Article 13 is provided for in Article 13 of the Decision on the reimbursement of daily overtime.
Where the work is organised in accordance with the provisions laid down in this Act, or in accordance with the agreement referred to in Article 22 (2), the employer and the employees or their representatives shall agree on the The main features of the rotation system. Even the change in the rotation system can be agreed upon. The employer shall establish a detailed rotation system after consultation with the employees or their representatives. (14.6.1996/409)
The negotiations on the main features of the rotation system should start in good time before the scheduled start of the rotation system. If no agreement has been reached in the negotiations before that date, the employer may settle the matter in the cases referred to in Article 8 (2).
A working roster shall be drawn up for each job, indicating the periods of rest periods referred to in Articles 12, 12a and 12b of the regular working hours of the worker. The schedule of work shall be drawn up in the working language of the vessel.
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 work and watch list shall be held in a suitable place on board.
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 25.
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 and the working schedule referred to in Article 19 shall be provided to the Labour Inspection Authority.
Without the employee's consent, the employer may not change the detailed rotation system or the working hours system unless there are strong reasons for it.
The main features of the rotation system referred to in Article 18 (1) and the detailed rotation system referred to in Article 18 and the working hours system referred to in Article 19 shall be submitted to the labour inspecting authority on request.
Article 21 has been repealed by L 23.2.2001/152 .
A contract which reduces the benefits of this law to an employee is void.
However, the contract of employment or civil service has the right to agree otherwise with Articles 5 to 7, Article 8 (2) and Articles 11, 13, 14 and 16 to 19. The provisions of the contract of employment or of the contract of employment may be applied by the employer to the employees and officials who are not bound by a contract of employment or collective agreement, but whose employment or positions are otherwise in accordance with the relevant contract Provisions.
The provisions referred to in Article 2 (2) of the Agreement on Employment and Social Security may be complied with after the termination of the contract until the entry into force of the new agreement in the employment or employment relations where the provisions of the contract are to be applied if the contract of employment or the contract of employment Should remain in force.
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. (9.9.2011/1027)
§ 23 has been repealed by L 23.2.2001/152 .
The employer must keep this law and its provisions on the free access of workers to the workplace.
The compensation provided for in Article 7 (2) and (3) and the compensation provided for in Articles 13 to 17 have lapsed, unless the application has been brought within three years of the end of the calendar year in which such entitlement arose.
Compliance with this law will be monitored by the safety authorities.
The employer or his/her representative who, on purpose or negligence, infringes the provisions of Articles 4 to 12, 12a, 12b, 18 or 19, must be condemned: Violation of the working time rules for domestic transport vessels Fine. The responsibility of the employer and his representatives shall be governed by the (39/1889) Article 7 (7) Based on the criteria laid down.
The penalty for failure to comply with the working time accounts referred to in Article 19a and the offence referred to in Article 19a and the offence referred to in Article 19 (1), in spite of the request, order or the prohibition laid down by the Labour Inspectorate, Article 2 of Chapter 47 of the Penal Code -In.
§ 28 has been repealed by L 21.4.1995/682 .
More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.
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.
This Act shall enter into force on 1 May 1982, subject to the entry into force on 1 October 1982.
This law repeals the Law of 14 July 1961 on working time on domestic transport vessels (16/61) With its subsequent modifications.
HE 257/81, sosvk.miet 2/82, svk.Met 7/82This Act shall enter into force on 10 June 1984.
HE 24/84, sosvkms. 5/84, svk.M. 39/84
This Act shall enter into force on 1 October 1984.
HE 180/83, sosvkms. 2/84, svk.M. 10/84
This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
This Act shall enter into force on 1 November 1997.
THEY 96/1997 , TyVM 11/1997, EV 111/1997
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
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
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
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
