Key Benefits:
The Prime Minister,
On the report of the Minister of Transport, Equipment, Tourism and the Sea,
Having regard to Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 on certain aspects of working time development;
Considering the labour code;
Considering the research code, including its article L. 411-5;
Having regard to the amended Act of 13 December 1926 enacting the Maritime Labour Code, including articles 24 and 25;
In view of Decree No. 67-690 of 7 August 1967 on the conditions for the exercise of the marine profession;
Considering the opinion of public research institutions referred to in Article L. 411-5 of the Research Code;
Considering the opinion of the most representative trade union organizations of the personnel concerned;
The State Council (Social Section) heard,
Decrete:
The organization of the work of the personnel not exercising the profession of marine, referred to in Article L. 411-5 of the Code of Research and boarded for temporary missions on board oceanographic or fisheries research vessels, is regulated in accordance with the provisions of the Labour Code, Articles 24, 25, 28, 29 and 30 of the Code of Maritime Work, this Order and as required by the Labour Code.
This organization may also be set, under the conditions set out in this Order, by the extended branch agreements and by the collective agreements or agreements of business or establishment of which these personnel are responsible.
The mission includes periods of work on board, dock ship, spent in preparation and those required for completion.
Excluding mission periods, periods of work on board, dock ship, do not fall within the scope of this Order.
The actual working time is considered to be the time during which the onboard staff is, as a result of a given order, available to the master or the employer's representative on board, outside the premises that serve him as a house on board.
Any period that is not working time is considered resting time.
The day-to-day period may be extended to twelve hours, by extended branch agreement or by business or settlement agreement, under the following circumstances:
(a) In the ports, to perform mandatory formalities and comply with the contractual obligations of the shipowner;
(b) To the sea, to carry out an operation or mission;
(c) To rehabilitate the necessary equipment for the continuation of activities;
(d) On board vessels operating at sea at daytime and within a maximum of five consecutive days;
(e) In the case of organising scuba diving;
(f) In the event of illness on board or service exemption, resulting in a staff shortage that cannot be replaced immediately.
The maximum effective working time may be exceeded, within a maximum of twelve hours, in the event of exceptional circumstances related to the completion of the search missions whose master or employer's representative on board is the sole judge.
The rest thus interrupted shall be compensated under the conditions provided for in Article 8.
The maximum working time set out in section 4 may only be exceeded by a decision of the master in the exercise of his or her prerogatives and in the following cases:
(a) For the rescue of the vessel, its debris, its damaged effects and cargo, equipment or equipment implemented;
(b) When weather conditions are exceptional, especially in the case of mist;
(c) In any circumstance relevant to the safety of the vessel or to the safety of persons on board and property, particularly in the event of failure or fire;
(d) In order to assist other vessels or assist persons in distress at sea;
(e) In case of participation in exceptional assistance or research operations.
When these circumstances have ceased, the master or the employer's representative shall ensure that, to the extent possible and taking into account the security requirements, the following continuous rest period shall be increased from the additional actual work thus performed. If not, this compensation must take place as soon as practicable after returning to a normal situation.
A weekly rest of twenty-four consecutive hours, in addition to the eleven daily rest hours provided for in the following article, must be granted.
This rest can be taken on board, on a rolling basis, under conditions defined by business agreement or establishment.
In order to ensure the continuity of the research activity at sea, the continuous work processes inherent in it, and given the distance between the place of work and the place of residence, this rest can be postponed under a collective agreement providing compensatory measures.
The weekly rest so postponed is taken either during the mission, in a port of call and with the agreement of the interested persons, or at the end of it.
When weekly rest is delayed, overtime and maximum working hours are deducted by six consecutive days.
A daily rest of eleven consecutive hours must be granted, for a period of twenty-four hours.
To ensure the continuity of the marine research activity and the continuous work processes inherent in it, daily rest can be split into two periods, including a minimum period of eight consecutive hours.
This eight-hour minimum uninterrupted rest period may be reduced to seven hours when the conduct of equipment or equipment is continuously ensured for a period of more than 48 hours and is organized to three-quarters.
It may be reduced to six consecutive hours, in a manner determined by collective agreement providing for compensatory measures.
The interval between two consecutive periods of daily rest shall not exceed fourteen hours.
These provisions do not apply in the circumstances referred to in Article 5.
When a rest period is interrupted, including calls, the untaken rest time is deducted and a compensatory rest period must be granted immediately or as soon as possible.
The resting staff may be called upon to strengthen teams in charge of equipment or equipment from the vessel. In this case and to the extent possible, the following daily rest is extended from the duration of this interruption. If not, this compensation must take place no later than seven days.
No day-to-day work time can reach six hours without the employee enjoying a break time of a minimum of twenty minutes, except for more favourable conventional provisions. Given the particular constraints of navigation or operation at sea, the master or representative of the employer on board may defer and grant it as soon as practicable.
A table regulating the organization of work under the conditions set out in section 1 is prepared by the employer.
This table, referred to by the Labour Inspector, is posted on board in premises accessible to the personnel concerned and annexed to the log. It is established in French and, if necessary, in English and in accordance with the model required by international conventions. The modifications made, if any, to this table during the mission are recorded or annexed to the log.
This table shall indicate the maximum number of hours of work or the minimum number of hours of rest prescribed by applicable legislation, regulations or collective agreements.
The agreement regulating the organization of work, if any, under Article 1 shall be annexed to the table mentioned in the first paragraph of this Article.
These documents are made available to work inspection services.
A record of the working hours carried out daily is kept on board in accordance with the terms defined by a business agreement or establishment. It is held in French and, if necessary, in English and in accordance with the model required by international conventions.
This register is originally intended by the marine labour inspector and at least once a year, as well as whenever it considers it useful. It shall be submitted or communicated upon request to the competent labour inspectors.
It is carried out by the master or the employer's representative on board and held at the disposal of the labour inspection and the personnel concerned and their staff delegates.
Staff may obtain an excerpt that must be issued by the individual and by the master or employer representative on board.
The employer must keep in good order and communicate to the Labour Inspector the records to record the working hours performed by each employee for a period of one year.
A copy of the relevant provisions of the national legislation relating to the working time of the staff referred to in this Order and a copy of the applicable collective agreements must be kept on board at a location easily accessible by interested personnel.
Is punished by the fine provided for the 4th class contraventions:
(a) The provisions of Article 24 of the Maritime Labour Code and Chapter II of this Decree relating to the daily basis for the organization of work and the duration of work;
(b) The provisions of Article 28 of the Maritime Labour Code and Chapter III of this Decree relating to daily and weekly rest and compensation for their interruption;
(c) The provisions of Chapter IV of this Decree relating to documents of control and information.
Contraventions give rise to as many fines as there are unduly employed employees.
The Minister of Employment, Social Cohesion and Housing, the Guard of Seals, Minister of Justice, and the Minister of Transport, Equipment, Tourism and the Sea are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, August 25, 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Transport, Equipment,
tourism and the sea,
Dominica Perben
The Minister of Employment,
social cohesion and housing,
Jean-Louis Borloo
The Seal Guard, Minister of Justice,
Pascal Clément
