Key Benefits:
The President of the Republic,
On the First Report Minister and the Minister of Equipment, Transport, Land Use Planning, Tourism and the Sea,
In view of the International Convention on Standards for the Training of Seafarers, the Grant of Patents, and the International Convention of 1978, London, 7 July 1978, published by Decree No. 84-387 of 11 May 1984, set out in its amended annex by the amendments adopted in London on 7 July 1995, published by Decree No. 97-754 of 2 July 1997;
In view of Convention No 180 of The International Labour Organisation on the duration of work and the number of ships, adopted in Geneva on 22 October 1996, published by Decree No. 2004-1216 of 8 November 2004;
In view of Council Directive 1999 /63/EC of 21 June 1999 Concerning the agreement on the organisation of seafarers'working time, concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Unions in the European Union (FST);
Given the Directive N ° 1999 /95/EC of the European Parliament and of the Council of 13 December 1999 on the application of the provisions relating to the working hours of seafarers on board ships calling at Community ports;
In view of Directive No. 2003 /88/EC of Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time;
In accordance with the law of 13 December 1926 amending the Maritime Labour Code, in particular Articles 24, 24-2, 25, 26-1 and 28 ;
In view of the Law of 13 December 1926 as amended on the Disciplinary and Penal Code of the Merchant Navy;
In view of the opinion of the trade unions representative of seamen and representative professional organizations of shipowners;
Le Council of Ministers heard,
Describes:
I. -is considered as effective working time the time during which the embarked personnel are, as a result of a given order, at the disposal of the master, out of the premises that serve him as a home on board.
II. -On board fishing vessels, the actual working time shall be taken into account in accordance with the provisions of Article 25-1 of the Maritime Labour Code and the extended collective agreements adopted for its
. -On board the tugs and barges, as well as on vessels and gear employed in the maritime works, which do not leave the ports and rades or the maritime part of the rivers, each hour of presence on board, at the disposal of the Captain, shall be regarded as an effective hour of work, extended collective agreements determining the conditions under which breaks or rest periods may be defalted.
However, for the calculation of the compensating rest periods provided for by Article 26-1 of the Maritime Labour Code and for the application of the provisions of this Decree relating to maximum hours of work, the actual working time shall be the time during which staff are, as a result of a given order, to Provision of the master, outside of the premises on board.
shall be considered as rest period any period which is not Not working time
Work on board ships Is organized on the basis of eight hours a day.
The maximum daily working hours on board ships Other than fishing is twelve hours.
When the work on board is organized by cycles pursuant to section 13 and the total cycle time does not exceed six weeks, the maximum daily working time is counted On the basis of the average hours of the work cycle, without being able to exceed fourteen hours for a given work day.
This average duration may exceed 12 hours and up to a maximum of fourteen hours in accordance with a Agreement or collective agreement. This agreement or agreement provides for adequate compensation arrangements in the form of extended periods of leave, consolidation of leave or additional rest periods and specifies the time limits in which such compensation
No daily working time can be up to six hours without the employee having a break time of at least twenty minutes, except for more favourable conventional provisions. Given the particular constraints of navigation or operation at sea, the captain can defer this pause time and grant it as soon as practicable.
I. -The maximum daily working hours laid down in the first subparagraph of Article 4 may be exceeded without limit in the cases of rescue of the ship, its debris, shipwrecked effects or cargo, exceptional meteorological conditions, Fog, stranding, fire or any other circumstance affecting the safety of the ship or of persons on board or cargo, or in order to provide assistance to other ships or relief to persons in Marine distress.
II. -The same duration may be exceeded and up to 14 hours in the following circumstances:
1 ° Discrepically during the voyage of a sailor who cannot be replaced immediately or exemption from service, resulting in an insufficiency Personnel;
2 ° A the entry and exit of ports, rivers or rivers, in particular when personnel who are not watchkeeping or watch are called in reinforcements, as the captain considers it useful, for apparatus and anchorages.
I. -The maximum daily working hours, laid down in accordance with Article 24 of the Maritime Labour Code or resulting from this Decree, may be exceeded and reach the maximum limit of fourteen hours in accordance with a convention or agreement In the following cases:
1 ° In ports and terminal facilities at ports, for the execution of commercial operations and for the continuity of the service of the ships; and
2 ° on the tugs and barges which do not Do not leave ports and rades or the maritime part of rivers;
3 ° On board passenger ships providing regular lines, taking into account, in particular, the constraints linked to the rotation of ships and, for others Passenger ships, during the twenty-four hours preceding or following the ship's sailing or return to port.
The agreement or collective agreement provided for in the first subparagraph provides for this extension of the maximum duration Working time, compensatory measures to reduce working time, in the form of extended periods of leave or compensatory rest periods. This agreement or agreement specifies the time limits in which such compensation takes place.
II. -To ensure the continuity of the watch and safety service, in the ports and the rades, on the tugs that do not go out of the ports and rivers or the maritime part of rivers, a comprehensive national agreement or a convention Shall, within the framework of an organisation of work by cycles, extend this limit to sixteen hours, provided that the maximum daily working time set out in Article 4 is respected on average over a period of Forty-eight consecutive hours.
This agreement or convention provides for compensatory measures in the form of extended periods of leave or additional rest periods and specifies the time limits in which such compensation Intervene.
Except as provided for in Article 5 I, the maximum working time shall not exceed Seventy-two hours per seven-day period.
When work on board is organized by cycles pursuant to Article 13, the maximum working time per seven-day period may be exceeded, to the extent that this possibility is Provided by collective agreement or agreement. This maximum duration must be respected on average over the cycle. It shall not exceed eighty-four hours in seven days. However, for the transportation of persons, it may be up to one hundred and forty-four hours per fourteen day period.
The agreement or agreement referred to in paragraph 2 provides for compensatory measures and specifies the manner in which the Weekly rest, especially when deferred.
The minimum daily rest period is ten hours per period 24 hours.
Daily rest cannot be split in more than two periods. One of these periods must be at least six consecutive hours. The interval between consecutive periods of rest cannot exceed 14 hours.
Subject to application Provisions relating to the personnel of a quarter employed on vessels referred to in Article 3 of the International Convention of 1978 referred to above, a collective agreement or collective agreement may derogate from the provisions of the second subparagraph of Article 8, for the activities and under the conditions laid down in Articles 10 and 11 of this Decree.
In such cases, such agreements or agreements shall provide for compensatory measures, in the form of rest or more frequent or longer holidays, As well as, where appropriate, a minimum period of night rest, to ensure sufficient rest for mariners. They shall specify the time limits in which such compensation shall take place.
Towing ports, conventions or Agreements made pursuant to Article 9 shall necessarily be extended agreements and may provide that, under the authority of the master, the minimum rest period of six hours, provided for in the second subparagraph of Article 8, may be divided into two periods The shortest is not less than two hours.
On board passenger ships, a convention Or a branch agreement or an enterprise agreement may provide that daily rest may, under the authority of the master, be split in more than two periods, within the limit of six, within the same 24-hour period.
In this Case, at least one of these periods shall be of at least six consecutive hours, another of at least two hours, the others of at least one hour.
In the cases provided for in the I of Article 5, rest periods on board may be interrupted.
When a rest period is interrupted, in particular by calls, the time of Uncounted rest shall be counted and the seafarer shall be granted a compensatory rest period, granted immediately or as soon as possible.
Appeals, fire and evacuation drills and all exercises prescribed by national legislation and Applicable international rules should be carried out in such a way as to avoid, where possible, interrupting rest periods.
The work can be organized as cycles alternating periods of embarkation and periods on the ground.
In this case, a collective agreement or agreement, or an enterprise or establishment agreement, may provide for the duration The weekly working week referred to in Article 24 of the Maritime Labour Code and the counting of overtime shall be appreciated over a period of two consecutive weeks or over a cycle of not more than six weeks.
The annual quota of actual hours of work beyond which the compensatory rest period is allocated to the second paragraph of Article 26 (1) of the Maritime Labour Code shall be fixed, by seafarer, at:
(a) 1 820 hours on vessels armed in the long-running, piloting and recreational vessels and on vessels and gear employed in maritime works, as well as on ships Port towing;
b) 2 100 hours on vessels armed with coastal shipping and coastal navigation.
Business agreements may change these thresholds, provided that their provisions do not lead to a less favourable situation for The sailor.
I. -Periods of stand-by, as defined in Article L. 212-4 bis of the Labour Code, can never be agreed on board vessels in the course of
. -Where the sailor is able to carry out a period of periodic penalty payments under the conditions laid down in the first paragraph of Article L. 212-4 bis of the Labour Code, the provisions of this Article shall
. -At stopovers, periodic penalty periods may be put in place, under the conditions laid down in the second subparagraph of Article L. 212-4 bis of the Labour Code, by collective agreements or agreements or by company agreements, or During
periods, the sailor, without being at the master's immediate and immediate disposal, has the obligation to remain on or near the ship, in order to be able to intervene to carry out a work in the service of the
sailor must be notified at the earliest and at least one day before the arrival of the vessel at the port of call.
The information provided for in the last paragraph of Article L. 212-4 bis Relating to the number of hours of periodic penalty payments made are mentioned on the pay bulletin.
Days or Half-days of rest provided for in the first subparagraph of Article L. 212-9 of the Labour Code shall not be taken on board.
The manner in which such rest shall be taken, in particular the conditions under which they may be Grouped, where appropriate, with other rest periods, shall be fixed by agreement or collective agreement of the branch or by agreement of undertaking or establishment, under the conditions laid down in the second paragraph of Article L. 212-9 of the same code.
Subject to the consultations provided for in the by-laws and collective agreements, a service table is established by the Master of the vessel, as referred to by the Maritime Labour Inspector, attached to the logbook and posted on the crew's premises.
The table shows for each function:
a) The sea and port service program;
b) The Maximum hours of work or the minimum number of hours of rest, as prescribed by applicable legislation, regulations or collective agreement.
Changes to this table during travel are recorded in the Deck book or attached to it and displayed on the crew's premises. The master, who shall take the necessary measures to ensure that the conditions for hours of rest and hours of rest of the seamen covered by this Decree are complied with, shall keep this table available to the maritime labour inspector or By electronic mail.
This table is written in French as well as, if necessary, in the English language. It must comply with the model laid down by the Safety of Ships Order for the application of the Directive of the European Parliament and of the Council of 13 December 1999.
A record of the daily hours of work or rest of mariners shall be kept by the master of the ship. This register shall be referred to initially by the maritime labour inspector and at least once a year, and whenever it deems appropriate. It shall be submitted to it or communicated to it, in particular, if it considers it necessary and unless it is not possible to do so by means of electronic mail.
The seafarer must receive and write a copy of the register concerning him,
This register, which is kept at the disposal of staff representatives, is written in French and, if necessary, in the English language. It must comply with the model laid down in the Safety of Ships Order for the application of the Directive of the European Parliament and of the Council of 13 December 1999
I. -The minimum rest period on board fishing vessels shall not be less than ten hours per 24-hour periods.
These hours of rest shall not be divided into more than two periods. One of these periods must be at least six consecutive hours. The interval between consecutive periods of rest shall not exceed fourteen hours.
No daily working time can be up to six hours without the employee having a break time of at least twenty minutes, except More favourable treaty provisions. Given the particular constraints of navigation or exploitation at sea, the captain may postpone this time and grant it as soon as practicable.
On the fishing grounds, the provisions of the paragraph may be derogated from First of this Article, under the following conditions:
1 ° The minimum rest period per 24-hour period may be reduced to eight hours for five consecutive days;
2 ° The hours of rest not taken give rise to Recovery under conditions laid down by collective agreement or collective agreement or agreement between undertakings which provide for compensatory measures and specify the time limits in which such compensation takes
. Agreement, the hours of rest not taken shall be grouped and taken ashore with another period of rest or leave;
3 ° Use of this option shall be referred to the logbook or the register provided for in Article 20.
II. -For a period of seven days, the minimum rest period on board fishing vessels shall not be less than seventy-two hours.
I. -Subject to the consultations provided for in the by-laws and collective agreements, a table of service shall be drawn up by the master of the ship, referred to by the maritime labour inspector, attached to the logbook and posted in the premises reserved for The crew.
The table shows for each function the maximum working time or the minimum number of hours of rest, as prescribed by the applicable legislation, regulations or collective agreement.
The changes made to this An on-flight chart is recorded in or attached to the logbook and posted on the crew's premises. The captain, who must take all the necessary measures to ensure that the conditions for the working hours and hours of rest of the seamen laid down in this Decree are complied with, shall keep this table available to the labour inspector Or the applicant's request, in particular, if it considers it necessary and not impossible, by electronic mail.
II. -A record of the daily hours of rest of the seamen shall be kept by the master of the ship. This register shall be referred to initially by the maritime labour inspector and at least once a year, and whenever it deems appropriate. It shall be submitted to it or communicated to it, in particular, if it considers it necessary and unless it is not possible to do so by means of electronic mail.
The sailor may obtain at his request a copy of the register concerning him, Captain or his representative.
III. -The table of service and the record of the daily hours of rest of the sailors shall be drawn up in French, in accordance with a model fixed by the Minister responsible for seafarers
Staff
Articles 4, 5, 6 and 14 of the Order may be amended by decree of the Prime Minister.
Repealed:
1 ° Decree No. 83-793 of 6 September 1983 taken for the application of Article 25 of the Maritime Labour Code, with the exception of Article 10 which may be amended by the decree provided for in Article 28 of the Maritime Labour Code;
2 ° Decree No. 83-794 of 6 September 1983 Adopted for the application of Article 24 of the Maritime Labour Code;
3 ° Decree No. 83-795 of 6 September 1983 for the application of Article 26-1 of the Maritime Labour Code.
The Prime Minister, the Minister for Employment, Labour and Social Cohesion, the Minister of Equipment, Transport, Spatial Planning, Tourism and the Sea, The Minister for Labour Relations and the Secretary of State for Transport and the Sea are responsible, each as far as it is concerned, for the application of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, March 31, 2005.
Jacques Chirac
By the President of the Republic:
First Minister,
Jean-Pierre Raffarin
Minister of Equipment, Transport,
Spatial Planning,
du tourisme et de la mer,
Gilles de Robien
The Minister of Employment, Labour
and Social Cohesion,
Jean-Louis Borloo
The Minister Delegate for Labour Relations,
Gérard Larcher
The Secretary of State for Transport
and the Sea,
François Goulard
