The Law On Working Hours On Vessels In Domestic Traffic

Original Language Title: Laki työajasta kotimaanliikenteen aluksissa

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1982/19820248

In accordance with the decision of Parliament provides for the scope of application of article 1 of this law shall apply: except as set forth below in the work, on the basis of the agreement to the employer by the worker is under the supervision of the management and the remuneration or any other consideration in the Finnish national transport on board any aircraft or used on a temporary basis by the employer.
This law shall also apply to the State, the municipality and the holders of other public authorities and the action of the community, subject to change as provided for in paragraph 3.

section 2 of the definition of Domestic traffic, Domestic traffic refers to traffic within the borders of Finland, as well as in the area of the lease of the Saimaa Canal and directly related in the waters of the Soviet Union.
This law shall apply even when the Board operated temporarily as referred to in sub-section 1, the water outside the territories.

exclusions from the scope of paragraph 3 of this law shall not apply to: 1) which makes the master of the ship, if the ship alongside the work of at least four people, including a one is from the man's qualifications, except in section 10, article 12 and article 12 (b); (23.2.2001/152) 2), which is made by a person who receives remuneration as a solely profit;
3) which makes the employer's spouse or children;
4) that makes doctor who is employed exclusively for medical care;
5) carried out fishing vessels, except for what provided for in articles 11 and 12 of the rest;
6) which is to be used for the whole length of the floating equipment, transport equipment, with the exception of; or 7) carried out for the purposes of the defence of the State or on board any aircraft used in the border guard.
(17.10.1997/943) This law does not apply to work that is being done from the beginning and follow the only when the ship is docked at the wharf or a firm anchor location, provided that the said works are within the law on working time or a rest which is regarded as purely as a temporary inspection, maintenance, pilot or other such rinnastettavana.

section 4 of the regular working hours of the regular working time is not more than 8 hours a day and no more than 40 hours a week.
The clock period refers to the 00:00 to 24: between the time.
Week, means the period from Monday to Sunday, clock 00:24.

section 5 of the Working arrangement and placement of employees from the beginning when you live in, you can work to organise at least four hours and not more than six hours of a day, regularly changing shifts, when it is really necessary for the continuing safe access. Two hours a day on a regular basis, however, said the object of the work can be arranged only if, in addition to accommodation on board are employees. the small size of the vessel, such that the use of two more of the floor to be considered in terms of the appropriate employees.
If the work is not organized or, if the vessel is attached to the dock of the day for a longer period or with a steady anchor location, have regular working hours be yhdenjaksoiseksi article 11, except for the rest periods referred to in and to be positioned at 7:00 17. Economic työntekijäin however, regular working hours may be at 6:00 to 19: n.

section 6 of the derogations from the provisions concerning the disposal of the organisation of working time, and if the employee's work is closely linked to the work of other employees of one of the industrial plant and workers live in their free time at home, to be their regular working hours to place 5 Notwithstanding the provided for in paragraph 2 of the article in a uniform manner with other industrial plant employee working hours.
2 this article is repealed L:lla 14.6.1996/409.

6 (a) in the section (on 8 November 2001/935) a shortened working time if the worker in a move part-time retirement wants to make regular working hours for a shorter period of work, the employer shall endeavour to arrange the work so that the employee can work part time. A reduction in working hours will be implemented in the manner agreed by the employer and the employee, taking into account the needs of the employee and the employer's production and service activities.

section 7 standby times and working hours if the employee has a labour contract law (758/11), Chapter 4, section 6, as referred to in subparagraph (1) or the dispensing of the way or otherwise according to the agreement, the number of times required to reside within the free time on board and, where appropriate, to the work, to be ready to take the time to read the whole working time is ready. (2011/1027)
If an employee has a standby vessel referred to in paragraph 1, have a softer, not the time spent be counted as working time. The period of such capacity is, however, the employee shall be not less than the period of either in cash or in kind on behalf of the rest of the time.
If the employee is under the agreement, the required number of times, to reside within the apartment, for which he or she may as appropriate be invited to work in no time, he is required to be bound, attributed to work without working time. This time, however, to be carried out to that employee compensation as provided for in paragraph 2.

section 8 (7.8.2015/1013) Daily overtime, the employee shall receive compensation for this obligation to work overtime as provided for in article 4 (1) in addition to daily regular working time up to 16 hours a week. However, the working day must not be more than 14 hours. Of these enimmäisajoista the Ministry of employment and the economy may, in individual cases, grant exemptions from welfare to the opinion of the Council, having given the opportunity. As an exemption is that overtime work will be done with the consent of the employee, and that has been agreed upon in article 18, to be followed on board a rotation system, or referred to in the three months to respond to the above working time to compensate the levels laid down.
When work is organized into two, by way of derogation from paragraph 1, a worker shall be obliged to make the daily overtime to a maximum of 28 hours per week, and in addition to this, in accordance with their agreement to not more than 7 hours a week, if he or she is entitled to on a regular basis to a maximum of 30 days to the repeated recreation. Free-time period shall be at least 7 days in length and should include the whole weekend.
L:lla 1013/2015 modified section 8 shall enter into force on the 1.1.2016. The previous wording: article 8 of the Daily overtime, the employee shall receive compensation for this obligation to work overtime as provided for in article 4 (1) in addition to daily regular working time up to 16 hours a week. However, the working day must not be more than 14 hours. Of these enimmäisajoista the Ministry of employment and the economy may, in individual cases, grant exemptions from welfare to the opinion of the Council, having given the opportunity. As an exemption is that overtime work will be done with the consent of the employee, and that has been agreed upon in article 18, to be followed on board a rotation system, or referred to in the three months to respond to the above working time to compensate the levels laid down. The Ministry of employment and the economy in the event of an appeal the decision by the administrative act (586/1996). (2011/1027)
When work is organized into two, by way of derogation from paragraph 1, a worker shall be obliged to make the daily overtime to a maximum of 28 hours per week, and in addition to this, in accordance with their agreement to not more than 7 hours a week, if he or she is entitled to on a regular basis to a maximum of 30 days to the repeated recreation. Free-time period shall be at least 7 days in length and should include the whole weekend.
(3) repealed by L:lla 14.6.1996/409.

section 8 (a) (7.8.2015/1013) appeals the decision of the Ministry of employment and the Ministry of employment and the economy in the case referred to in article 8 of the decision of the matter may require adjustment as the Administration Act (434/2003).
The adjustment to the requirement of the decision may be appealed by appealing to the Administrative Court as administrative act (586/1996).
The administrative court decision may be appealed only if the Supreme Administrative Court grants leave to appeal.
L:lla 1013/15 added to section 8 (a) shall enter into force on the 1.1.2016.

under section 9 of the Weekly overtime worked shall be obliged to make the section 8: in addition to the daily overtime work overtime work referred to in that section, exceeds the maximum provided for in paragraph a regular weekly working hours, but does not exceed the regular daily working time up to 16 hours in two weeks.
If an employee has a work-and leisure-time determination of the compliance referred to in article 8 (2) of the rotation system, is an employee of the weekly overtime, however, obliged to do no more than 16 hours a week.

section 10 (23.2.2001/152) exceptions to the ylityörajoituksista section 8 and 9 and to the restrictions laid down in article 12 shall not apply to the work of the regular working time-border: 1) which must be the beginning of the human spirit, or the stuff of imminent danger;
2) which is necessary for the law of the Sea (674/1994) laid out for the provision of assistance;
3) which must be carried out in the port or in order to carry out the measure imposed by the authority responsible;
4) because of the unforeseen decline in workers, if the crew of the ship are not immediately complete the reasonable steps; or

5) which is necessary for participation in the rescue or fire-fighting or other turvallisuusvälineillä in the exercises, which will be proceeded on.
Under paragraph 1, referred to in paragraph 5, the exercises are carried out in a way that interferes with the employee's periods of as little as possible, and that does not cause fatigue.

Article 11 of the Daily rest periods When the working time, which is not divided into shifts, there are six hours longer, is to be given to the employee at the time of the job, at least one of the regular, at least for an hour, during which he allowed to leave from work.
If the job is in section 6 of the agreement within the meaning of paragraph 2 to be held six hours of longer shifts, it is for the employee to be given every six hours for at least 20 minutes long.
Working time does not include at least a half-hour in-room dining time and rest time of at least one hour for the sustainable, if an employee receives it for the duration of the leave from work.
4 article has been repealed L:lla 14.6.1996/409.

section 12 (since March 23/141) the daily rest period the employee shall be given for each 24-hour period of at least 10 hours of rest time (daily rest), and each over a period of seven days, a total of at least 77 hours rest.
Daily rest period may be divided into no more than two periods in such a way that the other episodes must be able to withstand a continuous period of at least six hours. The interval between consecutive periods of rest shall not be longer than the 14 hours.
If the employee's period of rest is disturbed because of the työkutsujen, to him shall be given adequate compensatory rest time.
Less than a 30-minute break, as referred to in paragraph 1 and 2 shall not be counted as rest time.

12 (a) in the section (23.2.2001/152) a week of rest If the employee's work-and leisure-time failure to comply with the determination of the rotation system, the employee must be given once a week for a minimum of 30 hours of yhdenjaksoinen a week of rest.

12 (b) of section (23.2.2001/152) makes specific provision for the Young workers under the age of 18 to the employee must be given a daily rest period of at least nine consecutive hours. Young workers may not be employed at and, if it is not a young educational training program.

12 (c) of section (23.2.2001/152), the master of free-time periods under section 3 as referred to in paragraph 1, the period of entitlement to the right of the master is an average of at least nine members, a period of paid leave per month. The holidays is, as far as possible, be followed, mutatis mutandis, to section 18 provides for the relief of the system.
Unless, like repeating the start of the rotation system in free-time periods can be arrange or otherwise not awarded if the above holidays, these shall be issued no later than the end of the period, within one month of sailing.

section 13 section 4 of the daily overtime compensation referred to in subsection (1) of the regular daily working hours in excess of the work is to be carried out, increased pay, at a rate of per hour is yet to be carried out at least 1 business day/102 as well as public and section 8 of the work referred to in paragraph 2, with the consent of the author is yet to be carried out at least 1/63 the employee's monthly salary.
His daily rate for overtime work be carried out on a raised salary can be exchanged as provided for in article 16, to be given to the free-time, if it is necessary for the Board to be complied with in terms of the rotation system. In addition, at the request of the employee, a percentage increase of salary for the period to the free exchange of sailing outside of time.
Free time shall be a business day for the Bank holiday and overtime 1.7 hours and article 8 of the agreement of the employee referred to in paragraph 2, for the hours of overtime pay for overtime 2.7 hours.

the replacement of section 14, in addition to the Regular weekly working hours Weekly overtime work shall be replaced by the free time in such a way that each of the hours of overtime per given 1.5 hours of free time. Weekly overtime may be, if it is to be complied with on board for the start of the rotation system, it is possible to replace the consent of the employee also increased pay, at a rate of per hour at least 1/114 the employee a monthly salary.

Article 15 of the overtime work. Calculation of salary plus Overtime shall record separately, by each of the sessions, when overtime was extra pay, and prescribing is started half an hour shall be calculated as a full half an hour. The calculation of overtime pay is not executable in the food money, or the corresponding compensation included salary.
If in the case referred to in article 22 of the agreement provides that regular working hours can be placed on the 5 and 6 referred to in article from the times, the agreement shall also cover the criteria according to which such work to pay increased salary shall be calculated. (14.6.1996/409) section 16 of the Overtime compensation to be given free time to the above referred to in article 13 and 14 of the free time shall, mutatis mutandis, to comply with the law of the sea, what men's annual holiday (433/1984) provides for the payment of the salary and annual leave as well as leave. If the free-time will be given, at the request of the employee, exceptionally, lyhyehkönä, not more than three days in length, may be its time to agree on notwithstanding the above obligation of the employer. (2011/1027)
The first paragraph of article 13 and article 14 of the free-time as referred to in sub-section 1 shall be given on the other weekdays than Saturday.
Free-time must be given no later than the beginning of the period prior to the conclusion of the overtime the next sailing. Free-there is no time to order for termination, without the agreement of the worker. When an employer terminates a contract of employment other than for reasons attributable to the employee in such a way that the notice period for the termination, in whole or in part before the prescribed happens to leisure-time for yhteensattuvan, with a notice that the free-time instead of cash payment or part thereof, as provided for in article 14, if the employee so requests.

section 17 of Pyhätyö on Sunday, a religious holiday, Christmas Eve, Easter Saturday and on Midsummer's Eve and independence day and labor day, the regular daily hours of work shall be carried out without exceeding the increased pay, at a rate of per hour at least 1/86 employee's monthly salary.
If the work is as referred to in sub-section 1 of the weekly overtime, is that in addition to all of the foregoing shall be as laid down in article 14. The cash salary of the employee's overtime rate is calculated to be performed korottamattomasta. Holy handcrafted daily overtime is provided for in section 13.

section 18 of the rotation system if the work is organized in the manner prescribed by this law or agreed by the contributions service, on the sections within the meaning of section 22 (2) of the agreement, the employer and the employees or their representatives, shall be agreed with the thrust of the rotation system in the aircraft to be complied with. Also laying down a system of rotation to be on board. The employer to confirm a detailed consultation of the rotation system of the employees or their representatives. (14.6.1996/409)
The main characteristics of the rotation system in the negotiations must begin in good time before the start of the rotation system in the planned time. If there is no consensus in the negotiations prior to that date, can the employer just to resolve the issue, section 8, in the cases referred to in paragraph 2.

section 19 (23.2.2001/152), the list for each day of work, and the Office shall draw up a list of the duty roster, indicating the start and end of the employee's normal working hours, as well as 12, 12 (a) and 12 (b) rest periods referred to in article. The duty roster list must be drawn up in the working language of the ship.
Guard personnel shall draw up a list, showing the day to guard a person's name, and the Board, as well as the changing of the start and end times.
The interaction between work and watch list must be drawn up on the työjaksoksi, or at least for two weeks at a time. Any changes must be made without delay. The interaction between work and watch list shall be kept for inspection by the public at a suitable position on the Board.

19 (a) in the section (23.2.2001/152), the employer shall record the working hours of the ledger and the remuneration per worker. The accounts of all the hours worked, as well as separately-in the event of an emergency and Sunday work hours, as well as the increase of the paid parts. In this case, started half an hour shall be calculated as a full replacement of overtime for half an hour. The employer shall retain at least 25 of the working time of the accounting action until the end of the period laid down.
Working time accounts are required to be displayed in the vendor of the labour inspection in the field as well as the workers ' representative or, in the absence of this type have been selected, the occupational safety and health supervisor. The employee or his valtuuttamallaan have the right to receive a written explanation of the interaction between the work and the working hours of the employee, lists and records.
Health and safety authority shall, on request, provide a copy of the records of hours worked, as well as the duty roster list referred to in article 19.

section 20 of the rotation-or work-hour system. Health and safety authority, the right of access, without the agreement of the worker, the employer is not allowed to change the detailed work-hour system of the rotation system, or unless there are compelling reasons.

Article 18 of the above: (1) the main characteristics of the rotation system and referred to a detailed relief of the system as well as the work-hour system referred to in article 19, shall, on request, provide a copy of the occupational health and safety authority.

Article 21 Article 21 (23.2.2001/152) has been revoked that took part of the L:lla/152.

section 22 (23.2.2001/152) in view of the provisions of the agreement, which shall be deducted from an employee of the benefits of this law, shall be null and void.
Job-or option agreement, however, have the right to agree to the contrary of what, from 5 to 7 of article I, section 8, as well as 11, 13, 14 and 16 to 19. Such work or the official alternative to the provisions of the agreement, the employer may apply this does not affect the employees and officials who are not bound to the contract for work or an official option, but whose work or otherwise, are complied with by the official relations, the provisions of the agreement concerned.
Work or the provisions referred to in paragraph 2 of the agreement, the official condition to comply with the discontinuance of the agreement until the entry into force of the new agreement, after the work-or the provisions of the official relations, which would apply if the work or the official alternative to the agreement would be in force.
The collective bargaining agreement, which undermine the Boomers in binding international agreements in accordance with the legislative acts of the European Union as defined in the interests of the workers of similar interests, shall be null and void. Instead of such a provision, shall follow the provisions of the international treaty or legislative acts of the European Union or, if this is not possible, the entry into force of the provisions of the international treaty, which has been implemented in the European Union, the provisions of the acts, or. (2011/1033) section 23 (23.2.2001/152) section 23 is repealed that took part of the L:lla/152.

section 24 (2011/1027) Nähtävänäpito the employer shall keep the provisions adopted pursuant to this law and its workers free access to the workplace.

section 25 (1.6.1984/436) Action time entitled to section 7 (2) and (3) the compensation referred to in article 13 to 17 of the allowance provided for in the requested person is statute-barred, unless an action is not brought within three years from the end of the calendar year in which such a right is born.

section 26 of the Enforcement of this law enforcement the occupational safety and health authorities.

section 27 (23.2.2001/152) the penalty provisions, the employer or his representative who deliberately or recklessly violating the 4 to 12, 12 (a), 12 (b), the provisions of article 18 or article 19, is to be condemned for infringement of the provisions of the working time of the vessels to a fine domestic services. The responsibility of the employer and representatives of the criminal law, this is determined by the code (39/1889), chapter 47 on the basis of the criteria laid down in article 7.
The penalty referred to in article 19 (a) the negligence or abuse, as well as working time records from an act referred to in subparagraph (1), which was on the order of the occupational safety and health authority concerned has not defined its position, or 47 of the Criminal Code provides for the prohibition, in article 2 of chapter.

Article 28 article 28 (21.4.1995/682) is repealed by L:lla 21.4.1995/682.

the more specific provisions of article 29 of the Regulation on the implementation of this Act, the authority shall be adopted, where necessary, regulation.

section 30 (20.5.1996/336) according to this law, the Court resolved the first court cases is determined by the law of the Sea (674/94) 21 century according to section 1 and 7. Otherwise, the proceedings of the oikeudenkäymiskaaressa.

Article 31 entry into force this law shall enter into force on 1 May 1982, however, the work of the law so that the icebreaker shall enter into force on 1 October 1982.
This Act repeals the working hours on vessels in domestic traffic in the law of 14 July 1961 (410/61) subsequently amended. THEY 257/81, sosvk. bet 2/82, svk. bet 7/82 acts entry into force and application in time: 1.6.1984/4: this law shall enter into force on 10 June 1984.
THEY'RE 24/84, sosvk. bet. 5/84, svk. Mrs. 39/84 1.6.1984/436: this law shall enter into force on 1 October 1984.
THEY are 180/83, sosvk., miet. 2/84, svk. Mrs. 10/84 21.4.1995/682: this law shall enter into force on 1 September 1995.
THEY'RE 94/93, LaVM SuVM 10/22/94, 94/336 20.5.1996: this law shall enter into force on 1 June 1996.
THEY 199/95, TyVM 1/31/96 14.6.1996, EV/409: this law shall enter into force on 1 July 1996.
THEY'RE 77/96, TyVM 6/96, EV 67/96 17.10.1997/943: this law shall enter into force on 1 November 1997.
THEY'RE 96/1997, TyVM 11/1997, took part of the 111/1997/152 EV: this law shall enter into force on 1 March 2001.
THEY'RE 6/2001, TyVM 2/2001, EV 5/2001, 1) Council Directive 1999/63/EC (31999L0063); OJ No l L 167, 2.7.1999, p. 33, 2) of the European Parliament and of the Council Directive 1999/95/EC (31999L0095); OJ No l L 14, 20.1.2000, p. 29 under the chairmanship/935: this law shall enter into force on 1 January 2003.
THEY'RE 166/2002, TyVM 6/2002, the EV 137/2002, 2011/10: this law shall enter into force on 1 October 2011.
THEY 264/2010 16/2010, EV, TyVM 305/2010, Council directive 2009/13/EC; OJ No L L 124, on 20 May 2009, p. 30 since March 23/141: this law shall enter into force on 1 April 2012.
THEY'RE 125/1/2012, 2011, TyVM EV 4/2012, Council directive 2009/13/EC; OJ No L L 124, 7.8.2015, p. 30/20/10: this law shall enter into force on the 1 January 2016.
On appeal before the entry into force of this law shall apply to the Management Board on the date of entry into force of this law, the provisions in force.
THEY'RE 230/26/2014 2014, LaVM, EV 319/2014