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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 in a Finnish vessel or on the instructions of the employer. Temporarily elsewhere.
This law shall not apply to work which:
1) is made by a person who is paid exclusively as a profit share;
2) make the spouse or children of the employer, or
3) shall be carried out with the exception of the rolling stock, with the exception of the means of transport used.
This law shall not apply to work, which must be regarded merely as a temporary type of inspection, maintenance, pilotage or other equivalent work, or which is to be carried out without following the vessel only when affixed to the dock or by means of: At the anchorage, if those works are part of the annual leave (162/2005) Area. (9.9.2010)
The employee has the right to have a annual leave of two and a half working days for each full month. If the length of the holiday is calculated as the number of days, the number of days must be completed on a full day. (9.9.2010)
For the purposes of this law, it is not the day of independence, Christmas or Christmas Eve, Easter Saturday or Day of the Day.
For a full period of validity, the calendar month during which the employee has been employed by the employer for at least fourteen days shall be considered.
Subject to Article 11 (2) and (3), the number of days in the working days shall be the number of days of annual leave on which the employee has been paid leave or on a paid leave on the basis of a law or contract.
The days in which the employee has been prevented from carrying out work during the period of employment are also regarded as verses of the working days:
(1) a job as a result of other employees' annual leave or for the free period referred to in paragraph 1;
(2) in the case of a refresher exercise, an additional service or a service rendered, if he has returned to work immediately after such impedimation; (9.9.2010)
(3) as a result of illness or accident, but not more than 75 working days during a succession of two working relationships between two working relationships; if such a barrier persists without interruption of the two In the case of sickness or accident, the total number of days worked in the working days shall not exceed 75 working days;
(3a) in the case of medical rehabilitation, where such treatment is provided by a doctor in a rehabilitation establishment approved by the Authority or another physical examination or treatment unit as a result of an occupational disease or accident, in order to restore the ability to work; or In order to maintain, but not more than 75 working days from the start of a succession of two working relationships from the beginning of a succession of two working relationships; if such a barrier persists without interruption of the period of the two , shall be kept for this rehabilitation period A total of up to 75 working days in the form of working days; (26/08/98)
(4) occupational health and safety (1383/2001) Or the law on the medical examinations of the crew (10/11/2010) Or medical examination due to the disease or the disease or the accident; (9.9.2010)
(5) the Maritime Labour Code (756/2011) Maternity, special maternity, paternity or parental leave; (9.9.2010)
(6) as a result of a public or other public or other public confidence mission or of a hearing which, according to the law, has not been entitled to refuse or has been allowed only on the basis of the particular reason cited by the law;
(7) due to an order issued by the Authority to prevent the spread of the disease;
(8) because of the travel required for his work, if such travel days were otherwise not included in his working hours;
(9) for other reasons, if, despite the absence of an employer, the employer is obliged to pay an employee for such a period of time;
(10) for suspension, but not more than 30 days at a time;
(11) due to a reduction in the working weeks equivalent to or other comparable working hours, but not more than three months at a time; in the event of a continuous break-up of such a working time arrangement after the end of the operative event; Start the calculation of the new three-month period from the conversion period;
(12) study grant (273/1979) , but not more than 30 days from the period of two consecutive lomaniacal bases, if the employee has returned immediately after the period of study to the employer to show him the work; (9.9.2010)
(13) the law on vocational training (30/1998) , as a result of the participation in the existing apprenticeship contract as a result of participation in the information; (9.9.2010)
(14) with the agreement of the employer, on the basis of participation in the training required for employment; however, it may be agreed that the period of employment shall be counted only for 30 days at a time; and
15) due to the winter transport of the vessel.
Apprenticeship 422/1967 Has been repealed by L 1605/1992 , see L vocational training 62/1998 ARTICLES 17 TO 18.
The employee is entitled to annual leave of six months after the start of the employment relationship and every six months thereafter ( The operative event ) The birth of the previous annual leave entitlement.
Where an employee has been on a leave of absence within the meaning of Section 3 of Chapter 5 of the Law on Maritime Labour, on leave of study, military service, military service or civil service in the course of a civil service, or for any other For any other such reason, in the event of a working relationship, which is prevented from carrying out work during a period which, according to Article 3, is not considered to be the tax year of the working period, a new period of six full Member States shall begin, unless otherwise agreed, 1 By way of derogation from the provisions of the article when the worker returns Work.
The annual leave shall be given as soon as the employment situation of the vessel permits, however, within one month of the birth of the holiday entitlement. However, if the employee's work and leisure time are determined by the rotation system based on the collective agreement, the annual leave may be given at the appropriate time for the implementation of the rotation system, without transferring By more than two months after the birth of the holiday entitlement.
The second period of two consecutive lomaniacation periods, irrespective of the provisions laid down in paragraph 1, shall be issued between 2 May and 30 September.
At the request of an employee, annual leave may be agreed in a period other than that provided for in paragraphs 1 and 2. However, it cannot be agreed to be transferred for more than six months from the date of the leave.
Irrespective of the provisions laid down in Article 5, the worker may be given annual leave, or part thereof, in the case of maternity, special maternity, paternity, parental leave or parental leave referred to in Chapter 5 of the Act on Maritime Labour.
Where an employee has accrued annual leave at the start of the operative event referred to in Article 4 (2) when he returns to work, this leave may be granted in connection with the annual leave to be given.
Without the employee's consent, no leave may be given to a Finnish or Finnish worker in a country other than that of Finland. Any other worker shall be granted leave in the port of his or her home country or at the port where the contract of employment has been concluded.
If the adoption of a holiday in a port referred to in paragraph 1 requires travel that takes more than 12 hours, a holiday shall be deemed to take place on the day following that in which the holiday begins at 24 hours. Otherwise, it shall be deemed to take place at 24 hours on the day of the holiday.
At the end of the year or part thereof, the worker shall have the right to return primarily to the ship from which he went on holiday. Unless otherwise agreed, the worker shall return from the holiday in such a way that, in accordance with his regular working hours, he or she can start work on board or on board.
The annual leave should be a one-off. However, two or more parts may be given in two or more consecutive holidays. In the course of the working period, the short term 'leave' period for the worker shall not be included in the annual leave. (15.5.1998/343)
A condition for the distribution of leave between 1 October and 1 May within the meaning of paragraph 1 is that it is necessary to keep the work in progress or that the employee agrees. The period between 2 May and 30 September may be distributed only with the consent of the worker.
If the worker is unable to work as a result of his annual leave or any part of it or during the period of birth, illness or accident, leave must be postponed at the request of the worker. At the request of the worker, he/she shall also be entitled to the transfer of a holiday or part of a holiday, if it is known that during his leave, he or she will have to undergo medical treatment or any other comparable treatment during which she is unable to work.
At the request of the employer, the worker shall provide a reliable explanation of his incapacity.
In the cases referred to in paragraph 1, the delegated leave shall be provided at the latest in the event of a leave following the next leave. However, the transfer of a holiday following a rotation system based on a collective agreement shall be issued before 30 September, if possible.
Before the date of the annual leave, the employer or his representative shall have the opportunity to express their views on the matter.
For a period of one year, the employer shall inform the employee, if possible, at the latest two weeks before the start of the holiday or part thereof, except in the cases referred to in the last sentence of Article 9 (3), at least three The day before that.
The employment relationship shall not be considered as a result of the change in the owner or holder of the company or the fact that the employee has immediately moved to the service of the undertaking in which the previous employer has control. The previous employer is also considered to have control when the person has a share in both companies and is controlled by them both individually or in combination with their family members.
If, at the end of the holiday or part of that period, the employee does not wish to continue his employment relationship, he or she, regardless of the period of notice otherwise applicable, may cease their employment relationship by informing their employer in writing at the latest Weeks before the end of the holiday, if he is part of the crew, and no later than two weeks before the date on which he belongs. In that case, the employment relationship shall cease at the end of the leave, unless otherwise agreed.
In the event of a termination of employment within the meaning of paragraph 2, the periods of leave referred to in Article 3 (1) of the annual leave and periods of employment referred to in Article 3 (1) shall not be considered to be in the tax days of the working days. The foregoing shall not apply if the worker in connection with his leave is terminated in accordance with his employment relationship, in accordance with the period of notice otherwise applicable.
In the cases referred to in Article 2 (1) and in the cases referred to in Article 19 (1), the duration of the employment relationship shall not be read at the time when the work is interrupted by the fact that the worker has been serviced by military service; or Civilian service obligation, civilian service.
The employee has to pay the amount of the annual leave to be paid by multiplying the average daily allowance by the number of holidays and holidays related to holidays.
The average daily wage is calculated by dividing the employee's monthly salary, or, when the monthly salary is not fixed, the average monthly earnings of the age of 18 and multiplied by a factor of 1.18.
For the purposes of calculating the monthly salary or the monthly salary, the amount of the monthly salary shall be counted in proportion to the length of the minimum age and the increase in the quality of the annual income, which, according to the quality of the work, has been paid for this period. For a period of at least one month, with the exception of paid or paid overtime.
The benefits in kind shall be made in the course of the annual leave.
If you do not take advantage of the benefits in kind during the holiday period, you will also have the right to receive a financial contribution from Sunday, a religious holiday, the Fourth of July, Christmas and Midsummer Eve, Easter Saturday and the day of the day. Unless agreed on a higher financial contribution in kind, it shall be calculated on the basis of the criteria laid down by the Ministry of Employment and the Economy after giving the seamen's opinion the opportunity to deliver an opinion.
The annual pay shall be paid before the start of the holiday or part thereof.
In the event of payment of the holiday pay, the employer is obliged to provide the worker with a calculation showing the amount of the holiday pay and the basis of assessment.
The authorised worker shall be entitled to free travel to the place where the holiday is required under Article 7 (1) and to return to the ship at the end of the leave. The trips are arranged by the employer. (20/12/2013/1071)
However, the worker shall not be entitled to free journeys within the meaning of paragraph 1 if he or she has previously received a similar benefit during the same period of assessment, nor in respect of the period during which he or she has been Used the right to free journeys provided for in Chapter 3 (1) of Chapter 3 of the Maritime Labour Convention, provided that the annual leave or part thereof is given in accordance with Section 6 of the Law on maternity, special maternity, paternity or parental leave referred to in Chapter 5 of the Maritime Labour Convention; In the context of a free treatment. (9.9.2010)
If the vessel is calculated within one month of the arrival of the holiday entitlement in a port from which the journey can be arranged at a much lower cost than if the journey had taken place immediately after the leave of the holiday entitlement, and the worker does not wish to transfer In the event of a departure from that port, the difference between the costs referred to above must be borne by him.
Article 17 has been repealed by L 20.12.2013/1071 .
To the worker who, in accordance with the contract, is employed during a limited period of time or for such a short period of time, or for such a short period of time, that, for this reason, he or she does not accumulate a full amount of full time of application under Article 3, or only part of the calendar month of the calendar month, Shall be carried out if, during the period of assessment, a total of at least six hours has been paid during the period of the operative event, equivalent to 11 % of the amount paid or payable in the form of a holiday allowance during the previous period; From the salary due. A remuneration which is increased by the coefficient provided for in Article 13 (2) does not include an increase in the amount to be paid in addition to the basic salary, in addition to the basic salary or the remuneration paid in cash.
At the end of the employment relationship, the worker who during that period has been in employment for at least fourteen days shall be entitled to leave for the annual leave allowance provided for in Articles 13 and 14.
The form of the form shall consist of two and a half days' salary for each full month. (9.9.2010)
An employee who is referred to in Article 17a shall be employed at the end of the employment relationship if he or she has been employed for at least six hours during the period of employment, 11 % of the salary payable under Article 17a, for the period from which he or she had been employed by that date. Has not received a holiday allowance. (23/02/1998)
If the employee is in the calendar months in which the employment relationship started and ended, a total of at least 14 days in the course of employment and no reimbursement or compensation for that period shall be counted during the period of time for the payment of the holiday allowance for one month. If the worker has worked for a total of not less than forty-four days in the said months, this period shall be counted for two months.
When a part of the annual leave is given before the right to a bed is born, the number of days in the holiday allowance shall be deducted from the number of days under which the holiday allowance is calculated.
Article 18 and the entitlement to a holiday allowance, as referred to in this Section, shall also be in service of military service, or a civil service obligation, by an employee who is engaged in a civil service, even though his employment relationship has not ended. (9.9.2010)
If an employee has been employed by the same employer in more than one employment relationship for at least six hours during the same calendar month and does not otherwise have the right to a bed or a holiday allowance, he shall be paid Equal to 11 % of the salary earned during the calendar month. (23/02/1998)
For the purposes of determining entitlement to a holiday allowance under this Article, no working hours or working hours on the basis of which entitlement to a holiday allowance pursuant to Article 18 shall be taken into account. The calculation of the holiday allowance shall not take account of the salary of these working days and hours worked.
The form shall be calculated on the basis of the salary paid or payable during the calendar month as provided for in Article 17a. The holiday allowance under this Article shall be due at the latest during the following calendar month.
If the consideration of the work has been or must be considered to be part or total of the public service available to the public, the employer shall be obliged to pay the employee to the employee, as provided for in Articles 13 and 14, or in accordance with Articles 18 and 19 The holiday allowance shall also be paid on the basis of the merit of the service contracts, in accordance with the provisions set out in the said Article.
Employers are not allowed to keep an employee at work during the course of their annual leave, and during the annual leave, the employee is not allowed to do the work that is part of his profession.
The worker's entitlement to his annual leave or holiday allowance has lapsed, unless the application has been brought within three years of the end of the calendar year during which the annual leave should have been given or paid.
A contract which, contrary to the provisions of this law, reduces the benefits of the worker under this law is void.
Employers'associations and workers' associations with a working district covering the whole of the country are entitled, by collective agreement, to agree on the accumulation, provision and distribution of annual leave, and the calculation of annual pay and holiday pay, and The payment of benefits in kind during the annual holiday period, contrary to the provisions of this Act.
The provisions referred to in paragraph 1 of the contract of employment may be applied by the employer to those workers who are not bound by a collective agreement but whose employment relationships otherwise comply with its provisions. After the expiry of the Agreement, the provisions of the Collective Agreement may be complied with until the entry into force of the new agreement in the employment relationship where the provisions would be applied if the collective agreement remained in force.
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)
When, according to the contract, an employee has the right to leave for a longer period than that provided for in this Act, the provisions relating to the annual leave of this law shall also apply, subject to the provisions of this Act, for longer periods of time, unless otherwise covered by the contract.
However, unless otherwise agreed, a section above the statutory annual leave may be given outside the period referred to in Article 5 (2), but no later than the period of leave to be granted during the period of leave.
If not otherwise agreed, the employee at the time of termination of the employment contract shall be entitled to receive a leave allowance equivalent to the longer annual leave provided for in this Act, calculated in accordance with the provisions of this Act, where applicable, Of the Directive.
If a Finnish vessel or a part of it has been surrendered to a foreigner, the Ministry of Employment and the Economy may, upon application by the vessel owner, after having given the opportunity to the seamen's Advisory Committee to deliver an opinion, the Comply with the provisions of this Act, either in part or in full. An exception shall not be granted for the length of the annual leave provided for in Article 2.
The derogation provided for in paragraph 1 may be granted only when there are serious reasons for it. Prior authorisation shall be sought to ensure that the granting of an exemption does not entail any material changes to the status of employees in this law. An appeal shall be lodged against the decision of the Ministry of Employment and the Economy as provided for in the Administrative Loan Act.
The derogation provided for in Article 26 may be granted only for a limited period and subject to conditions deemed necessary.
The authorised employer or master of the vessel shall, without delay, inform the Ministry of Employment and the Ministry of Employment of changes in the circumstances justifying the authorisation. In view of the changes in the said circumstances, the conditions attached to the waiver may be amended. Where changes are considered to undermine the status of workers, the waiver may be withdrawn.
The authorisation may also be withdrawn if the conditions laid down therein are not complied with.
Article 28 has been repealed by L on 18.12.1998/408.
The employer must keep this law and its provisions on the free access of workers to the workplace.
In the case of ships operating abroad, documents must also appear in English.
The employer must keep an account of the annual leave of the employees' annual leave and the fees paid to them, as well as on the reimbursement of holiday allowances, which can be determined by the commencing periods of employment, interruptions to employment, termination of employment and holidays. Dates and salaries and allowances, as well as the criteria on the basis of which the length of the holiday and the amount of salaries and allowances are fixed. The Ministry responsible for the protection and supervision of the labour market may provide that the information referred to in the article is to be entered on a form corresponding to the formula established by it. (10.1.1997/18)
Where requested, the employer shall show the supervisory authority the documents from which the elements referred to in paragraph 1 are known. The employee or his/her representative shall be entitled to information on the employee's leave of absence. At the request of the employer, the employer shall issue a written report.
The accounts shall be kept by the employer for a period of at least four years after its closure and, if the leave or compensation mentioned therein is brought before the court, until the dispute has been settled by a final judgment.
Employer or his/her representative, who intentionally or negligently
(1) fails to provide the worker with annual leave, as provided for in this law, or contrary to the provisions of the law, to keep an employee during the period prescribed by the law; or
(2) fails to fulfil its obligations under Article 29;
Must be condemned On infringements of the rules on seamen's annual leave 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.
Penalty in respect of any failure or abuse within the meaning of Article 30 (1), or any infringement of the rules governing the annual leave of seamen who have been subject to a request from the Labour Inspectorate, or Notwithstanding, provision is made for Article 2 of Chapter 47 of the Penal Code -In.
§ 33 has been repealed by L 21.4.1995/685 .
Compliance with this law will be monitored by the safety authorities.
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.
§ 36 has been repealed by L 9.9.2011/10 .
Further provisions on the application of this law shall be adopted, where appropriate, by a Regulation.
This Act shall enter into force on 1 October 1984.
This law repeals the seamen ' annual leave of 23 May 1975. (353/75) With its subsequent modifications.
The employment contract concluded before the entry into force of this Act shall apply, unless otherwise agreed, the law in force at the time of entry into force of this Act. However, if the contract has been concluded for the time being, the previous law shall not apply for longer than if the employer had dismissed the contract at the date of entry into force of this law, however, that the beginning of the annual leave period may be The agreement of the social partners to transfer the necessary transitional period. If, in the event of the expiry of this law, the contract would cease to be terminated, due to the expiry of the agreed time limit or any other reason, the work continues as stated in Article 42 of the Law on the Rules of the Seamen shall, from then on, be governed by this law.
HE 180/83, sosvkms. 2/84 of the family. 10/84This Act shall enter into force on 1 September 1986.
HE 55/86, sosvkms. 14/86, svk.M. 8 89/86
This Act shall enter into force on 1 October 1988.
HE 28/88, sosvkms. 5/88, svk.M. 66/88
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 April 1997.
THEY 178/1996 , TyVM 15/1996, EV 176/1996
This Act shall enter into force at the time laid down by the Regulation. (L 408/1999 came into force on 1 April 1999 in accordance with A 409/1999.)
THEY 103/1998 , LaVM 14/1998, EV 174/1998
This Act shall enter into force on 1 January 2001.
Before the entry into force of this Act, the employer's right to reimbursement of State resources shall be governed by the provisions in force when this Act enters into force. However, at the latest by 31 December 2002, the employer must seek compensation from the State before the date of entry into force of this Act.
THEY 168/2000 TyVM 7/2000, EV 142/2000
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.
Prior to the entry into force of this Act, the form referred to in Article 17a, Article 18 (3) and Article 19a (1) shall be determined in accordance with the provisions in force during the period during which the holiday allowance was collected.
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 2014.
THEY 146/2013 , TyVM 9/2013, EV 180/2013
This Act shall enter into force on 1 September 2014.
THEY 51/2014 , TyVM 3/2014, EV 86/2014
