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Maritime Labour Law

Original Language Title: Seearbeitsgesetz

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Maritime Labour Law (SeeArbG)

Unofficial table of contents

SeeArbG

Date of completion: 20.04.2013

Full quote:

" SeeArbG from 20 April 2013 (BGBl. 868), which is provided by Article 3 of the Law of 26 June 2013 (BGBl. 763). "

Status: Amended by Art. 3 G v. 26.6.2013 II 763

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 25.4.2013 + + +) 
(+ + + For application cf. § 154 iVm Bek. v. 21.5.2014
(SeeArbG § 154AnwBek) I 605 + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 38/2004 (CELEX Nr: 304L0082) Bek v. 21.5.2014 I 605 + + +)

The G was decided by the Bundestag as Article 1 of the G v. 20.4.2013 I 868 and proclaimed on 24.4.2013 in the Federal Law Gazan. It occurs gem. Art. 7 (1) of this G in force on 1 August 2013. Insofar as this G authorizes or amends authorisations for the adoption of legal regulations or has the power to promult it in the Federal Gazette, this G gem shall enter into force. Article 7 (3) shall enter into force on the day following the date of delivery. Unofficial table of contents

Content Summary

Section 1General provisions
§ 1 Scope
§ 2 Definitions
§ 3 Crew members
§ 4 Shipowners
§ 5 Master and substitute
§ 6 Ship ' s officers
§ 7 Youth crew members
§ 8 Data protection
§ 9 Divergent Agreements
Section 2Minimum requirements for the
Work of crew members on ship subsection 1Minimum age
§ 10 Minimum age of the crew member
Subsection 2Seedia capability
§ 11 Requirement of Seedic suitability
§ 12 Rights of the Seedian
§ 13 Refusal of the Seedienstance, findings by the Professional Cooperative
§ 14 Powers of the Professional Cooperative
§ 15 Redress procedure
§ 16 Authorisation of physicians
§ 17 Supervision of doctors
§ 18 Acquisition of investigation costs
§ 19 Seedienstance Directory
§ 20 Legal Regulations
Subsection 3crew strength,
Crew list, skills
Section 21 Crew strength of ships
Section 22 Crew List
Section 23 Certificates and evidence of qualifications, safety training
Subsection 4Work placement
§ 24 Commitments of the Reeders
Section 25 Requirements for intermediaries
Section 26 Procedure
§ 27 Legal Regulations
Section 3Employment conditionsSubsection 1Heuertreaty, service obligation
§ 28 Heuer Contract
§ 29 Information on employment conditions
§ 30 Service entry
Section 31 Travel expenses
Section 32 Service obligation
§ 33 Service certificate
Subsection 2On-board presence,
Landing, hazards to the ship
Section 34 Onboard presence
§ 35 Landing
§ 36 Averting danger to the ship
Subsection 3Heuer
Section 37 Claim to Heuer
§ 38 Measuring and precipitating the Heuer
§ 39 Payment of the Heuer
§ 40 Billing
Section 41 Sale of goods and services
Subsection 4Working hours and rest periods
§ 42 Principles governing the organisation of working time
Section 43 Sea working time
Section 44 Port Working Time
§ 45 Rest periods and rest periods
Section 46 Different working time arrangements for two-way ships, salvage vehicles and tugs
§ 47 Extension of working time in exceptional exceptional cases
§ 48 Maximum working hours and minimum rest periods
§ 49 Deviating working time regulations by collective agreement
§ 50 Overview of the organisation of work, proof of working time
Section 51 Remuneration for extra and night work as well as Sundays and holiday work
Section 52 Sunday and holiday compensation
Section 53 Working time arrangements for young crew members
§ 54 Different working time arrangements for young crew members by collective agreement
§ 55 Legal Regulations
Subsection 5Holiday
§ 56 Holiday entitlement
Section 57 Holiday period
Section 58 Definition of leave
§ 59 Holiday resort
§ 60 Travel expenses
Section 61 Holiday pay
Section 62 Illness during the holiday
§ 63 Holidays at the end of the Heuerration
Section 64 Prolongation of the Heuerration, holiday rebates
Subsection 6Termination and
Cessation of the Heuerration
Section 65 Right of termination
Section 66 Notice periods
Section 67 Extraordinary termination by the shipowner
Section 68 Extraordinary termination by the crew member
Section 69 Extraordinary termination by the crew member due to an urgent family affair
Section 70 Compensation in the event of unemployment due to ship loss or shipwreck
Section 71 Cessation of the Heuerration in case of suspected loss of ship and crew
Section 72 Dismissal
Subsection 7Home creation
Section 73 Claim to Home Creation
Section 74 Home creation of a teenage crew member
§ 75 Place of destination of home creation
Section 76 Implementation and costs of home creation
Section 77 Official implementing measures in the case of home-creation
Section 78 Availability of legislation on home creation
Subsection 8Procedures in the event of death of crew members
§ 79 Death of the crew member
§ 80 Concern for the goods and the hate balances of a deceased or missing crew member
Section 4Vocational training on board
§ 81 Contract for vocational training for a profession on board
Section 82 Form and content of the contract relating to vocational training on board
Section 83 Contract for vocational training on small-sea fishing vessels or inshore fishing vessels
Section 84 Remuneration claim
§ 85 Measurement and maturity of remuneration
§ 86 Trial Time
Section 87 Shutdown
Section 88 Termination
§ 89 Compensation for premature termination
§ 90 Vocational training on ships of the federal and state governments
Section 91 Competent authority
§ 92 Legal Regulations
Section 5Accommodation and
recreational facilities,
Catering including operating subsection 1Accommodation and leisure facilities
Section 93 Claim to accommodation
Section 94 Access to communications facilities
§ 95 Visits, accompanying partners
§ 96 Legal Regulations
Subsection 2Means including operation
Section 97 Entitlement to food, instruction
Section 98 Reviews
Section 6Security and
Health protection at work,
Medical and social care subsection 1entitlement to medical
Care on board and on shore
§ 99 Entitlement to medical care
§ 100 Special features of medical care in Germany
§ 101 Special features in medical care abroad
Section 102 Rest of the right to medical care at the expense of the shipowner
Section 103 End of medical care at the expense of the Reeders
Subsection 2Heuexplore and
other claims in the case of illness
Section 104 Fortzahlung of the Heuer in the case of illness
Section 105 Home-creation in case of illness
Section 106 Care for the things and the hate of a diseased or injured crew member
Subsection 3Warranty of the
medical care provided by the shipowner
Section 107 Medical facilities and medical equipment
Section 108 Committee on Medical Equipment in the Maritime Transport
§ 109 Implementation of medical care and controls on board
§ 110 Monitoring
Section 111 Exceptions
Section 112 Radio and satellite radio-medical services
Section 113 Legal Regulations
Subsection 4Security and
Health at work
Section 114 General protection against operational hazards
§ 115 Ship Safety Committee
Section 116 Security Officer
Section 117 Special protection of juvenile crew members
Section 118 Legal Regulations
Subsection 5Access to social institutions on land
§ 119 Social facilities for seafarers on land
Section 7Order on board and Complaint-Regulation Subsection 1Compliance with the order on board
§ 120 Behaviour on board
Section 121 Responsibility of the captain for the preservation of security and order
§ 122 Authority of the ship's officers and the other superiors
§ 123 Duties of superiors
Section 124 Duties of crew members and other persons on board
§ 125 Attachment of persons and objects
§ 126 Crew members of the same type
Subsection 2Appeal law, complaint procedure
§ 127 Right of appeal
§ 128 Appeal procedure
Section 8testimonies and
Responsibility of the flag State subsection 1Review of the work and
Living conditions on ships and on land
Section 129 Scope of flag State control
Subsection 2Maritime Labour Certificate and
Seearbeits-Declaration of Conformity
§ 130 Obligation to carry out a Seeworkcertificate, grant conditions
Section 131 Preliminary seafloor certificate, short-term certificate, officially recognised maritime certificate
Section 132 Seearbeits-Declaration of Conformity
Subsection 3Fisheries Labour Certificate
§ 133 Obligation to carry out a fishing work certificate, grant conditions
Subsection 4Non-product-based vessels
Section 134 Vessels not subject to certificate
Subsection 5 Recognizing Organizations
§ 135 Authorisation of recognised organisations
Subsection 6Legal Regulations
Section 136 Legal Regulations
Section 9Requirements
Ships under foreign flag
and responsibility of the Port State Subsection 1Requirements for Ships
under foreign flag
Section 137 Requirements for shipowners of a ship under foreign flag
Subsection 2Port State Control
§ 138 Inspection of ships under foreign flags
Subsection 3Crew Members
Ships under foreign flag
Section 139 Complaints on ships flying the flag of foreign countries
§ 140 Home-building of crew members on ships flying foreign flag
Section 141 Medical care of crew members on ships flying foreign flag
Section 10XX_ENCODE_CASE_One enforcement of the
Working and living conditions
Section 142 Responsibilities
Section 143 Powers of intervention of the Professional Cooperative
Section 144 Professional supervision of the professional association
Section 11Straf and Penal Regulations
§ 145 Fines
Section 146 Criminal provisions
Section 147 Legal remedies
Section 12Final subsection 1Application to self-employed persons
§ 148 Self-employed
Subsection 2Fees, Provision
and promulgated legislation
§ 149 Fees
Section 150 Decrees of laws and legal regulations
Section 151 Proclamation of legal orders
Subsection 3Transitional arrangements
Section 152 Transitional arrangements for ships with measurement in gross registered tonnage
Section 153 Transitional arrangements for approved doctors
Section 154 Application of the rules on port State control

Section 1
General provisions

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§ 1 Scope

(1) This Act regulates the working and living conditions of seafarers on board of commercial cruisers carrying the flag of the Federal Republic of Germany. It shall not apply to recreational craft of less than 24 metres in length if there are no more than two persons employed on such craft. (2) For employees on board a vehicle, which shall:
1.
the waterways of zones 1 and 2 in accordance with Annex I of the inland waterway search order of 6 December 2008 (BGBl. 2450), in its current version, does not leave or intends to leave or leave the country, or
2.
the waterways referred to in paragraph 1 may only be abandoned on the basis of a special permit for the security of the ship ' s safety;
(3) For seafarers on ships flying the foreign flag, § § 139 to 141 as well as for ships under foreign flag shall be subject to § § 137 and 138.

Footnote

(+ + + § 1 (3): For application, see § 154 para. 1 iVm Bek v. 21.5.2014 (SeeArbG § 154AnwBek) I 605 mWv 16.8.2014 + + +) (+ + + Official note of the norm-provider on EC law: implementation of the EGRL 38/2004 (CELEX Nr: 304L0082) cf. Bek v. 21.5.2014 I 605 + + +) Unofficial table of contents

§ 2 Definitions

For the purposes of this Act and unless otherwise expressly stated otherwise,
1.
The Maritime Labour Convention: the Maritime Labour Convention 2006 of the International Labour Organisation of 23 February 2006 (BGBl. 2013 II p. 763, 765),
2.
The STCW Convention: the International Convention of 7 July 1978 on Standards of Training, Certification and Watchkeeping for Seafarers (BGBl. 1982 II p. 297), as amended,
3.
a ship flying the flag of a foreign flag: a ship flying a flag other than the flag of the flag of the Federal Republic of Germany, which is to be acquired by sea travel,
4.
the professional association: the professional association for transport and transport,
5.
the medical service of the professional association: a non-self-employed working unit of the professional association with doctors who carries out maritime medical duties,
6.
Working time: the time during which a crew member must work,
7.
Rest period: the period outside working time, where this term does not include shorter breaks in work (rest periods) in accordance with Article 45 (2) and Article 53 (5);
8.
Holidays: in Germany the public holidays of the berth, abroad and at sea the holidays of the place of registration of the ship,
9.
Service personnel: the crew members who are engaged in the catering, operation, care, maintenance or nursing of other crew members or of passengers, or who are engaged in the sale on the ship,
10.
recognised organisation: an organisation recognised in accordance with section 135.
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§ 3 Crew Members

(1) seafarers within the meaning of this Act are all persons who are active on board the ship, whether employed by the shipowner or by another person or acting as a self-employed person, including those relating to their vocational training; Employees (members of the crew). (2) The provisions of Section 4 on vocational training on board are applicable to those employed for their vocational training. In so far as the provisions of Section 4 do not apply any special provisions, the provisions of this Act should also be applied with the proviso that the "Job Training Contract" shall be replaced by the "Heuercontractshall", in the place of the "Heuerration" means the "vocational training relationship" and the "remuneration" is replaced by the "Heuer". In the case of trainees and other persons employed in order to acquire professional skills, knowledge, skills or professional experience, without the need for vocational training, the rates 1 and 2 shall apply accordingly. (3) None Crew members within the meaning of paragraph 1 shall be
1.
Lotsines or pilots, as well as persons who, on behalf of the Federal Government, a country or any other public-sector body, carry out advisory or control activities on board;
2.
Persons who, on behalf of a shipyard or a plant manufacturer, for the execution of warranty work or warranty work or other work required on board, or for the instruction of the crew, as a general rule, shall not exceed 96 hours Board,
3.
persons who are not, as a rule, active for more than 96 hours on board for the execution of unstoppable repairs or maintenance work which cannot or may not be carried out by the crew members themselves,
4.
shipping and cargo inspectors who, on the basis of the travel planning, are normally not to be active for more than 72 hours on board,
5.
Artists who do not operate on board for more than 72 hours to entertain passengers,
6.
Scientists working temporarily on board ships,
7.
persons who are on a ship to carry out, from there, special activities for the construction, modification or operation of works, artificial islands or other installations at sea;
8.
Students and students of higher education or universities of applied sciences who are trained in training centres set up according to national law and for this purpose a practical training and sea-time on a ship ,
9.
Pupils who do an internship on board within the framework of national regulations,
10.
Pupils who, through the intermediary of the Association of German shipowners on a contractual basis during the school holidays, are given an insight into the practice of maritime occupations without these persons being active on board,
11.
Channel steurer on the North Sea-Baltic Sea and
12.
Security forces of private security firms authorised under the industrial order.
By way of derogation from point 2 or 3 of the first sentence, the professional association shall, at the request of the other employer or of the shipowner, authorise a person belonging to these categories of persons to be on board beyond the period referred to in that paragraph; without being a crew member, to the extent that:
1.
the activity is or should be carried out on a particular voyage,
2.
an activity on board, beyond the period referred to in the second or third sentence of the second subparagraph, is necessary for the performance of a specific task carried out by the crew members operating on board under the provisions of the ship ' s safety regulations cannot or may not be carried out by itself, and
3.
the intended use does not exceed three weeks.
The authorisation shall be limited to the period of time which is likely to be required for the activity, which shall not exceed three weeks. A copy of the authorisation shall be carried on board. (4) For the categories of persons referred to in the first sentence of paragraph 3, § § 10, 120 to 126 shall apply, as well as the legal regulations issued pursuant to these provisions. Sections 11 to 20, 42 to 55, 73 to 80, 93 to 113, 117, 118, 127 and 128 shall apply for the categories of persons referred to in the first sentence of paragraph 3, points 8, 9 and 10, in addition to the provisions referred to in the first sentence of paragraph 3, as well as the provisions of Articles 11 to 20, 42 to 55, 118, 127 and 128 of the provisions Legal provisions adopted. For the categories of persons referred to in the first sentence of paragraph 3, point 11, in addition to the provisions referred to in the first sentence, Articles 11 to 20 and 36 as well as the legal regulations adopted pursuant to these provisions shall apply. For the categories of persons referred to in paragraph 3, first sentence, point 12, in addition to the provisions referred to in the first sentence, § § 11 to 20 and the legal regulations adopted pursuant to these provisions shall apply. The shipowner shall ensure that the categories of persons referred to in the first sentence of paragraph 3, points 6 to 10 and 12, receive a briefing on the statutory health and safety requirements and the prescribed safety instruction. The categories of persons referred to in paragraph 3, first sentence, point 10 shall be insured by the shipowner in the statutory accident insurance against accidents. (5) The name, purpose and the beginning and end of the stay of persons on board which, in accordance with paragraph 3, shall not be included in the Crew members and no passengers are to be registered immediately in the diary. Unofficial table of contents

§ 4 Reeder

(1) Reeder within the meaning of this Act shall be
1.
the owner of the ship or
2.
any other organisation or person who has assumed responsibility for the operation of the ship by the owner of the ship and who, by taking over that responsibility in the contract with the owner, has committed itself to the tasks and Obligations to be imposed on shipowners under this Act and the other legislation implementing the Maritime Labour Convention.
(2) The shipowner shall be responsible for the observance of the rights and obligations under this Act and the other legislation implementing the Maritime Labour Convention. This shall apply even if:
1.
another organization or person performs certain tasks and duties on behalf of the shipowner; or
2.
another organization or person is an employer or an apprentice of a crew member (other employer).
(3) Regardless of the responsibility of the shipowner pursuant to paragraph 2, the other employer shall also be responsible for the compliance with the rights and obligations of the shipowner under this Act and the other legislation implementing the Maritime Labour Convention responsible. The shipowner shall, in order to exercise his responsibility in accordance with paragraph 2, contract with the other employer to ensure that the other employer fulfils the duties and duties assigned to him in accordance with the first sentence of this Article. (4) The Shipowners shall also be liable for payment obligations of the other employer from the employment or vocational training relationship; in this respect, the provisions relating to the guarantor, which waived the plea of the presution, shall apply. The shipowner's liability for the obligation to pay for payment or remuneration shall apply to the usual remuneration, unless a deviating claim is made from a copy of the Heuer signed by the shipowner or (5) In the case of civil disputes between employees or trainees and shipowners on the claims arising from the responsibility of the shipowner referred to in the first sentence of paragraph 2 in conjunction with the second sentence of the second sentence of paragraph 2 or paragraph 2, point 2 or paragraph 2 4 shall be exclusively responsible for the courts for work. Unofficial table of contents

§ 5 Captain and substitute

(1) The master shall be the crew member appointed by the shipowner to guide the ship. (2) The master shall be the holder of a State certificate entitling him to take the ship. (3) If a master does not exist or is he/he is not present, the master shall be: , the First Officer of the Cover Service or the sole control officer shall carry out the duties and powers of the master. Unofficial table of contents

§ 6 Ship officers

Ship officers are crew members of the nautical or technical service, which require a state certificate of competency, as well as the ship's doctors, the seefunners and marine technicians, the ship-selector technicians and ship-selective technicians and the paymasters. Unofficial table of contents

§ 7 Young crew members

Youth crew members are crew members, who are the 18. Have not completed their life year. Unofficial table of contents

§ 8 Data protection

(1) The shipowner and the master shall ensure that the Heuercontracts, the Heuerabinvoices, the Seedienstance certificates, the medical records and all other documents with personal data are kept on board in such a way that no unauthorised person (2) The shipowner has to ensure that the transfer of personal data of crew members is carried out only to the person for whom the data is intended for service or for private purposes. The transmission of personal data, in particular copies of hation contracts, to the master on board a ship shall be permitted. Unofficial table of contents

§ 9 Differing agreements

The provisions of this law can only deviate in the interests of the crew member if it is determined by law. The minimum requirements of the working and living conditions of the Maritime Labour Convention within the meaning of Articles III, IV and VI (1), first sentence, shall also be taken into account if a different choice of law has been made.

Section 2
Minimum requirements for the work of crew members on ships

Subsection 1
Minimum age

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§ 10 Minimum age of the crew member

(1) The shipowner shall not be allowed to employ persons under the age of 16 years and persons who are subject to full-time compulsory education as a crew member on board ships. (2) Persons under the age of 18 shall not be allowed to be a ship's cook or (3) By way of derogation from paragraph 1, persons aged 15 years and over who are no longer subject to full-time compulsory education may be employed on fishing vessels within the framework of a vocational training relationship.

Subsection 2
Seedienstability

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§ 11 Need for Seedic suitability

As a crew member, only those who are health-friendly (seediensttauglich) for the activities to be carried out by him at sea may be employed. The person who is suitable for the sea is who, according to his state of health, is suitable for the activity on board of ships and is sufficiently resistant and meets the specific requirements of his service for the maintenance of ship safety. A shipowner shall only be allowed to operate a crew member if the crew member is suitable for the sea. Unofficial table of contents

§ 12 Seediation Certificate

(1) Before commencing his activity, the crew member shall be required to prove his fitness for the sea by means of a certificate from an approved physician (Seediensttaugabilitescertificate). The shipowner shall not be allowed to employ a crew member without a valid maritime transport certificate on board ships. (2) The approved doctor shall establish the identity of the person to be examined before any sea-service examination, and Take a look at the data collected for the person in the Seedienstance Directory in accordance with § 19 (6). He may only carry out an examination for the fitness of the sea and only give a certificate of seagoing services if no endorsement is registered in the Seedienstsuitability List. (3) The approved doctor may be responsible for the suitability of the sea-service only if he has detected the suitability of the sea-service due to a medical examination. The Seediatrical Certificate may also be issued on the basis of an examination by a doctor of the medical service of the Professional Cooperative, insofar as this is determined in this Act or under this Act. (4) Each Examination of the suitability of the seagoing service and any exhibition of a sea service certificate shall be immediately followed by the professional association by the approved doctor after the conclusion of the examination for the purpose of recruitment into the Register of the seediation list electronically in accordance with the provisions of sentence 2. The notification shall indicate the data referred to in Article 19 (3) (1) to (7) and (9) to (16). (5) The period of validity of the Seedian's certificate shall be two years, for young members of the crew one year. By way of derogation from the first sentence, the approved doctor or the doctor of the medical service may fix a shorter period of validity of the Seediatrical Certificate, if:
1.
according to the result of the inspection, the fitness for the sea can only be foreseen up to that date,
2.
there is only a fixed-term activity, or
3.
displays a shorter period of validity due to the function on board.
(6) If the period of validity of a sea service certificate expires during a voyage of the ship, it shall continue to apply until the next port is started, in which the crew member has a medical certificate from a qualified medical practitioner. (7) A maritime transport certificate issued by the competent institution of another State shall be equal to a maritime transport certificate referred to in paragraph 1, if the certificate is issued by the competent institution of another State. The requirements of the STCW Convention are sufficient. Unofficial table of contents

§ 13 Rejection of the suitability of the Seedic Service, findings by the Professional Cooperative

(1) If a person under investigation is not granted the Seedienstance certificate by an approved doctor due to a lack of seediity, or if the approved physician places a restriction on their fitness for the sea, in particular: in respect of duration, area of activity or travel area, the person may, at the request of the professional cooperative, be able to verify that determination. The professional association shall verify the determination of the authorised doctor by the doctors of the medical service of the professional cooperative
1.
according to the file situation, on the basis of the results of previous medical examinations or other medical findings,
2.
on the basis of an examination by a doctor of the medical service of the professional cooperative, or
3.
on the basis of an expert opinion from a specialist doctor or specialist.
The professional association is empowered to request the results of the examination of this person on a case-by-case basis by the physician who carried out the previous investigation. (2) The examination shows that the person is a seediensttauglich, puts the person in question In the event that the investigating person is found to be not or only limited by the seedier, the professional association shall establish this by means of communication. The opposition and the action taken against a communication pursuant to sentence 1 shall not have suspensive effect. Unofficial table of contents

Section 14 Rules of Procedure of the Professional Cooperative

(1) The professional association may, in so far as it is necessary,
1.
to avoid multiple investigations,
2.
to take account of the need for special medical assessment,
3.
to monitor the activities of approved doctors,
In the case of a person to be examined, order that a sea-service examination be carried out exclusively by doctors of the medical service of the professional association and that the Seediatrics certificate is issued by the same person. In addition, the order must be entered in the Seedienstance Register as a blocking note. (2) If the professional association has reason to believe that a crew member no longer meets the requirements for the fitness of the sea, may arrange for the crew member to be subject to an examination by a doctor of the medical service of the professional association within a specified period of time. In addition to the examination referred to in the first sentence, the professional association may draw up an expert opinion from a specialist doctor or a specialist. It is empowered to request the results of the investigation of this crew member on a case-by-case basis by the physician who carried out the previous investigation. A reason within the meaning of sentence 1 shall always be given in the case of § 17 (2). (3) The ordered investigation pursuant to the first sentence of paragraph 2 shall be that the crew member is no longer fit for the sea, or shall the time limit referred to in the first sentence of paragraph 2 shall be: , the professional association shall not invalidate the Seedienstance certificate. If, in the case referred to in the first sentence of paragraph 2, there are serious doubts as to the suitability of the seagoing service, the professional association may already declare the Seedienstance certificate invalid with the order provided for in the first sentence of paragraph 2 for the time being. The shipowner and the master shall be informed without delay by the professional association of statements made in accordance with the first or second sentence of the first sentence. An invalid or provisionally invalidated Seedienstance Certificate shall be drawn up by the Professional Cooperative. During the period of employment on a ship, the master shall forward the drawn-in seedance certificate at the request of the professional association, otherwise the crew member. With the entry into force of the invalidity of the decision on the invalidity of the Seedienstance Certificate, the latter shall be destroyed. (4) In the case of a Seedienstance Certificate of the same type as referred to in Article 12 (7), the provisions of paragraphs 2 and 3 shall apply with: in accordance with the proviso that the declaration of invalidity of the Seedian State Certificate shall be replaced by the fact that the crew member may not act on a ship carrying the flag of the Federal Republic of Germany; the order shall be in the (5) Objection and Any action taken against orders pursuant to paragraphs 2 and 3, including in conjunction with paragraph 4, shall not have suspensive effect. Unofficial table of contents

Section 15 Legal aid procedure

(1) The appeal committee pursuant to Section 73 of the Administrative Court of Appeal shall issue the appeal committee. (2) The Appeal Committee shall be formed by the Professional Cooperative and consist of a staff member of the Professional Cooperative Society, who shall To be qualified as a judge's office or to a higher administrative service, as chairman and two co-chairs, one of whom shall be a doctor of the medical service of the professional association and the other from the professional group of the opposition leader must. The Appeals Committee shall decide by a majority of its members. § § 63 to 69, 71, 89 and 90 of the Administrative Procedure Act are to be applied to the proceedings before the Appeal Committee. (3) In the opposition proceedings, the opposition leader shall have himself on the order of the professional association or on the basis of the opposition procedure. (4) The opposition procedure is free of charge. (4) The appeal procedure is free of charge. § 80 of the Administrative Procedure Law applies with the proviso that the costs of the proceedings can only be imposed on the Opposition Leader, in so far as the objection has not been unsuccessful due to grossly negligent conduct of the opposition leader. Unofficial table of contents

Section 16 Admission of doctors

(1) A doctor or a doctor shall be admitted by the professional association for the determination of the fitness for the sea, if it or he
1.
possess the technical knowledge necessary for the investigation and the determination of the suitability of the sea-service,
2.
is independent and reliable, thereby ensuring that the tasks are carried out properly.
The data referred to in Article 19 (3) (8) shall be indicated in the application for authorisation. Subsequent changes to the data must be reported immediately. The professional association publishes the admission stating the name, the address and the telephone number in the traffic bulletin and on its website. (2) The admission is limited to three years, for the first time the registration is limited to one year. The approval may also be associated retrospectily with secondary provisions. (3) Admission is to be withdrawn if the doctor or the doctor has approved the authorisation.
1.
by fraudully deception, threat or bribery, or
2.
by intentionally or grossly negligently by indications that were inaccurate or incomplete in relation to essential relationships,
has been affected. The authorisation shall be revoked if the doctor or physician no longer has the necessary technical knowledge, the necessary independence or reliability. In addition, § § 48 and 49 of the Administrative Procedure Act remain unaffected. In the cases of the first and second sentences, the professional association may, in place of withdrawal or revocation, order the revocation of the authorisation for a given period until the removal of the grounds for withdrawal or revocation, provided that: Removal of the revocation or revocation grounds is to be expected within the specified time period. Unofficial table of contents

§ 17 Monitoring of doctors

(1) An approved doctor shall be subject to supervision by the professional association. In addition to the powers of § 143, the doctors of the medical service of the Professional Cooperative
1.
require the professional association to be provided with medical findings and the maritime transport certificates based on these findings in such a way that it is not possible to assign to the person under investigation,
2.
call for information on the investigations carried out and on the issue of maritime transport certificates issued;
3.
order to be present in investigations where the person to be examined has consented prior to the investigation.
In the exercise of their powers under sentence 2, the doctors of the medical service of the professional cooperative shall be obliged to secrecy on the facts and other information to which they have been informed, to the same extent as the supervised doctor. Insofar as the data referred to in the second sentence of the second subparagraph are electronically stored, they shall be printed at the request of the professional association. The professional association has to return or destroy all documents which contain personal, in particular medical data, and which have come to the knowledge, contrary to the second sentence of the second sentence, to the approved doctor. Data already stored on it must be deleted. (2) In the context of a review in accordance with paragraph 1, the professional association shall establish that an apparently unfit applicant has been granted a certificate of seagoing services and that it is to be used for defence purposes. significant disadvantages for the common good or an otherwise imminent threat of public safety is required, the approved doctor of the professional cooperative has, on request, the assignment to the person of the applicant , to enable the necessary security measures to be taken (3) The approved doctor shall accept the measures referred to in the second sentence of paragraph 1 and paragraph 2. (4) As far as is necessary in the course of the authorisation of physicians, the doctors of the Medical service of the professional association shall carry out investigations into the fitness of the sea and issue seediatrical certificates. In the course of these investigations, the doctors to be trained are entitled to be present in the investigations, as far as the person to be examined consented prior to the investigation. The provisions of the third sentence of paragraph 1 shall apply to the doctors to be trained. Unofficial table of contents

Section 18 Adoption of the costs of investigation

(1) The Berufsgenossenschaft shall bear the costs of the examinations referred to in § § 12 and 13 if:
1.
the person to be examined is a member of the professional association in a haduge relationship,
2.
the person to be examined enters into a heingating relationship within the meaning of point 1; or
3.
a member of the professional cooperative has initiated the investigation.
The professional association may, in accordance with the provisions of its articles of association, transfer the costs which it has assumed under the first sentence of sentence 1 to its members. (2) In so far as the conditions set out in paragraph 1 do not apply, the payment of the costs shall be made subject to the obligation to pay the costs. (3) The costs of the investigations for juvenile crew members shall be reimbursed by the Federal Government of the Professional cooperative. Unofficial table of contents

§ 19 Seedienstance Directory

(1) The professional association shall keep a list of all the seediance tests carried out (Seediensttaugarities directory). (2) The Seediensttauglness Index shall be kept for the storage of data in order to:
1.
ensure the carrying out of maritime inspection and the issue of maritime transport certificates,
2.
to ensure the monitoring of the activities of authorised doctors;
3.
to ensure the settlement of the sea-service inspection with the approved doctors,
4.
Avoid multiple seediatrics studies in different approved physicians,
5.
to establish the authenticity and validity of maritime transport products;
6.
in anonymized form to enable statistical or scientific evaluations.
(3) In the Seedienstance Register, insofar as this is required for the fulfilment of the purposes referred to in paragraph 2, it shall be stored.
1.
Family Name, First Name, Gender,
2.
date of birth,
3.
Birthplace and country of birth,
4.
nationality,
5.
Address and telecommunications data,
6.
Function on board or service,
7.
the name of a doctor applying for authorisation or the authorised doctor;
8.
Address, telecommunications data, age, qualification, bank details, access data to the list, authorisation day of a doctor requesting authorisation or the authorised doctor, and name and address of the practice staff, representative doctors, and the consiliers of the authorised doctor who is under investigation,
9.
medical case studies in anonymized form,
10.
Examination day or days of investigation,
11.
Completion of the investigation and closing date,
12.
The cost carrier of the Seedian Study of the Seedian
13.
Seedienstability for service branches,
14.
Validity of the Seedian Certificate of Seediation,
15.
the number of the Seedity Certificate,
16.
Diagnostic groups in anonymized form,
17.
Blocking endorsements of the professional cooperative.
(4) Anyone applying for a sea-service examination shall submit proof of identity to the approved physician and shall communicate the data referred to in paragraph 3 (1) to (6) on request. (5) For the purpose of paragraph 2, point 1 (6) For the purposes of paragraph 2 (1) and (4), data referred to in paragraphs 3 (1), 2, 5, 15 and 17 may be transmitted to and used by authorised doctors where necessary for the performance of the tasks assigned to them. In the case of the first maritime inspection of a crew member, an approved doctor may collect data in accordance with points 1 to 6 and 10 to 16 of paragraph 3. In the event of a follow-up examination, an approved doctor may store data as referred to in points 6, 10 and 12 to 16 of paragraph 3 and modify the data referred to in paragraph 3, points 1, 4, 5 and 6. (7) For the purposes of paragraph 2, point 5, data referred to in paragraph 3, points 1, 2, 13 to 13 may be altered. 15 to the Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) and used by it to the extent necessary for the performance of the tasks assigned to it. (8) For the purposes of paragraph 2, point 5, the data referred to in paragraph 3 (1) may be submitted on request. 2, 14 and 15 to undertakings, competent bodies of other States or international or European Organisations shall be transmitted and used by them to the extent necessary for the performance of the tasks assigned to them. Where data are transmitted to a foreign public body or to an international or European organisation, the recipient must be informed that the data transmitted may only be processed and used for the purpose of: the fulfilment of which they shall be transmitted. Transmission shall not be subject to the protection of the legitimate interests of the person concerned, in particular where the recipient does not have an adequate standard of data protection. (9) For the purpose of paragraph 2, point 6, data may be referred to in paragraph 3 (2) to (4), (6), (9), (10), (13) and (16), in an anonymised form, to bodies engaged in scientific research and to public authorities. (10) The stored and referred to in paragraph 3 and referred to in paragraphs 4 to 8 Personal data transmitted shall be deleted as far as they are intended for the purposes of: Paragraph 2 shall no longer be required, but no later than 10 years after the date on which the last event has occurred which has resulted in the storage of the data. In the event of rejection of a doctor as an approved doctor, the data referred to in paragraph 3, point 8, shall be deleted immediately after the decision on the application has been indisputable. (11) The crew member or the approved doctor shall be informed of: Request in writing about the contents of the Seediensttauglarities directory free of charge. The applicant shall attach proof of identity to the application. Unofficial table of contents

Section 20 Legal Regulations

(1) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Labour and Social Affairs, by legal regulation without the consent of the Federal Council
1.
the more detailed requirements for the fitness of the sea, including the necessary follow-up examinations by the professional association,
2.
the carrying out of the prescribed studies;
3.
the design of the Seedia Service Certificate;
4.
conditions for the admission of doctors, in particular the requirements for competence and personal fitness, and the necessary evidence,
5.
the need for training of approved doctors,
6.
the more detailed information on the collection, processing and use of the data of the Seedienstance directory
as well as the relevant procedures. Legal regulations as set out in the first sentence of 1 (4) or (5) may be subject to the examination of the subject, including the rules on the conduct and content of the examination, the evaluation of the performance and the composition of the examination board. The legal regulations referred to in point 6 of the first sentence may provide that the data to be transmitted to the respective recipients may be transmitted to them by means of a call in the automated procedure, or can be directly set by them, to the extent that:
1.
the relevant state-of-the-art measures are taken to ensure data protection and data security, in particular to protect the confidentiality and integrity of the data,
2.
use encryption methods in the use of generally accessible networks; and
3.
the admissibility of the direct setting or the call-off is controlled
(2) Legal orders referred to in paragraph 1 shall be subject to the agreement of the Federal Ministry of Food, Agriculture and Consumer Protection to the extent that the sea fishing industry is affected.

Subsection 3
Crews, Crew List, Capabilities

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Section 21 Occupation of vessels

The shipowner and the master shall ensure, without prejudice to the provisions of the Maritime Safety Act, a ship ' s crew sufficient to meet the number, qualification and suitability of the ship, in order to ensure a safe, efficient and efficient operation in all operating conditions. to ensure safe operation of the ship. The details can be settled in a legal regulation in accordance with Section 9 (1) (3) of the Maritime Task Act. Unofficial table of contents

Section 22 Occupation list

(1) On ships in international voyage, the master shall be required to draw up and carry out a list of crew members who shall at all times complete the composition of the crew, indicating the first names and surnames, the Dates of birth, place of birth, nationalities, numbers of proof of identity and functions on board or service positions of the crew members. The crew list must comply with the model published by the professional association in the Official Journal or the Federal Gazette. (2) On ships in the national journey, the master shall be obliged to either list a crew list in accordance with paragraph 1 (3) The shipowner shall be obliged to hold the crew lists and the sea diaries for each vessel for at least five years. storage. The period shall commencing on the date of the date of the exhibition, on the date of the date of the date of the date of the exhibition, from the date of the last registration. (4) The professional association may, at any time, require the master and the shipowner to ensure that:
1.
the crew list,
2.
a copy of the crew list, or
3.
an excerpt from the diary of the ship which remembers the ship's crew
shall be submitted or transmitted in order to verify compliance with the safe occupation in accordance with the rules in force. The master and the shipowner shall be obliged to comply with the request referred to in the first sentence without delay. Unofficial table of contents

§ 23 certificates and certificates of competence, safety training

As a member of the crew, only those who are holders of the certificates, certificates of formal qualifications or other qualification certificates required by the provisions of maritime law may be employed. The master shall ensure that the crew members receive a security briefing with the contents on board as required under the provisions of regulation VI/1 of the Annex to the STCW Convention.

Subsection 4
Job placement

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§ 24 obligations of the shipowner

(1) A shipowner may only use a private employment service for seafarers (intermediaries) established in Germany for the placement of seafarers if he or she has received a written certificate from the professional cooperative from the intermediary. (2) The shipowner confirms in writing to a mediator based in Germany prior to the conclusion of a mediator that he/she has received a written confirmation of the
1.
the Heuertreaty to be concluded meets the requirements of § § 28 and 29,
2.
he shall comply with his obligations in accordance with § § 73 to 76; and
3.
it has completed an insurance scheme to compensate persons who have been imparted on board a ship for financial losses incurred as a result of a breach of duty to be taken by the shipowner under the employment contract.
A shipowner shall be entitled to use a mediator established in States which have not ratified the Maritime Labour Convention for the mediation of seafarers only if the agent has assured the shipowner in writing that he/she has received a written assurance that he/she has comply with the rules on recruitment and placement under Rule 1.4 of the Maritime Labour Convention. Unofficial table of contents

§ 25 Requirements for intermediaries

(1) An intermediary may only communicate to persons who are to act on board a ship if:
1.
does not use any means, procedures or lists to prevent them from taking up employment in accordance with their qualifications;
2.
not directly or indirectly require them to be remunerated for the mediation,
3.
require them to submit all the documents required for the activity to be carried out before the conciliation,
4.
a always up-to-date list of all advertised or mediated persons,
5.
a complaint management system has been set up and is always up-to-date, and the professional cooperative is immediately informed of complaints which have not been remedied,
6.
in accordance with section 24 (2) of each shipowner before the conclusion of a conciliation procedure,
7.
in writing by each shipowner who operates ships flying the foreign flag, prior to the conclusion of a conciliation agreement, that the employment contract to be concluded corresponds to the requirements of the Maritime Labour Convention;
8.
has completed an insurance scheme in order to compensate persons who have been imparted on board a ship for financial losses incurred as a result of a breach of duty to which the agent is responsible.
(2) § § 296 to 301 of the Third Book of the Social Code remain unaffected. Unofficial table of contents

Section 26 Procedure

(1) The professional association shall issue a written application to an intermediary with a certificate of compliance with the requirements laid down in § 25 (1) if there is no evidence that the retailer is not satisfied with the requirements . In his application, the intermediary shall make all the information necessary for the assessment of the condition set out in the first sentence of the first sentence of the present application. If, on the basis of the facts of the case, the professional cooperative has doubts as to the accuracy of the information provided by the applicant, it may consult the shipowners ' and seamen ' s associations before issuing the certificate as set out in the first sentence. (2) The certificate referred to in the first sentence of paragraph 1 shall be issued for a period of three years. (3) Those persons who are to be engaged on board a ship shall be provided with the certificate, The certificate referred to in paragraph 1. (4) The professional association shall publicly disclose, in an appropriate manner, without the indication of personal data, problems which may arise in the case of a ship which is flying the flag of a vessel. The State which has not ratified the Maritime Labour Convention. Unofficial table of contents

Section 27 Legal Regulations

The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development, by means of a legal regulation without the consent of the Federal Council, for more detailed information on the procedure for the application and for the application of the the issuing of the certificate in accordance with section 26 (1).

Section 3
Conditions of employment

Subsection 1
Today's contract, service obligation

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§ 28 Heuervertrag

(1) The shipowner shall only be allowed to employ a crew member if he/she has an employment contract in the event of a service. The Heuertreaty establishes an adventuary relationship between the shipowner and the crew member. The shipowner shall, in good time before the proposed conclusion of the contract, issue a draft contract to the crew member, including the collective agreements, operating arrangements or on-board agreements to be issued in accordance with paragraph 2, point 11, or to , The Heuervertrag requires the written form; the electronic form is excluded. The shipowner and the crew member will each receive a copy of the vegan agreement signed by them. (2) The main content of the Heuertreaty is to be included in the Heuertreaty, in particular:
1.
the full name and address of the shipowner; in the case of another employer, the full name and address of the employer and of the shipowner,
2.
the full name, date of birth, place of birth and address of the crew member,
3.
the designation or description of the services to be provided by the crew member, provided that provision is made for the restriction of the duty to service to certain ships or driving areas,
4.
the date of the commencement of the hatchment, the place and the date of entry, indicating the vessel,
5.
in the case of fixed-term contracts, the intended duration of the hrubbing-up relationship;
6.
the composition and level of the Heuer, including the surcharges, allowances, premiums and special payments, or the formula to be used for the calculation of the Heuer as well as the maturity of the Heuer,
7.
the agreed working hours and rest periods,
8.
the duration of the annual holiday leave;
9.
in the case of an open-ended haring contract or if the termination of a fixed-term employment relationship has been agreed: the conditions, time limits and dates for a termination,
10.
the home-building entitlement of the crew member,
11.
the indication of the collective agreements, operating arrangements or on-board agreements to be applied to the hegotiation ratio,
12.
medical care and social security benefits granted or granted to the crew member by the shipowner or by the other employer,
13.
the place and the date on which the Heuertreaty has been concluded.
(3) In the case of crew members of fishing vessels, the Heuertreaty shall include:
1.
in addition to paragraph 2, point 3, the name and the fishing mark of the fishing vessel, or the names and fishing signs of the fishing vessels on which the crew member is to serve,
2.
in addition to paragraph 2, point 4, the journey or travel to be undertaken if it is possible to indicate at the time of conclusion of the contract,
3.
by way of derogation from paragraph 2, point 6, the amount of the amount of the amount or the amount of the share and its method of calculation, if the remuneration is in a holding, or the amount of the heuer and the amount of the share and its method of calculation, if both forms of the share of the share of the They shall be linked to each other, and the Mindestheuer shall be agreed upon.
(4) If the crew member is expected to perform his/her work abroad on land or on board a foreign-flagged vessel for more than one month, the crew member shall be included in the Heuercontract:
1.
the probable duration of the activity to be carried out abroad or on board a foreign-flagged vessel;
2.
the currency in which the Heuer will be disbursed;
3.
the additional services associated with the stay abroad or the stay on board a ship under foreign flag;
4.
the conditions for the return of the crew member.
(5) The information referred to in paragraphs 6 to 10, 12 and 4 (4) (2) to (4) may be replaced by the indication of the collective agreements, operating agreements or on-board agreements which apply to the hegotiation ratio. If, in such cases, the relevant statutory provisions are decisive, reference may be made to this. (6) In the event of a change of essential contractual conditions, paragraphs 1 to 5 shall apply accordingly. Sentence 1 shall not apply in the event of a change in the statutory provisions, the collective agreements, operating agreements or on-board agreements which apply to the hating relationship. Unofficial table of contents

Section 29 Information on employment conditions

The shipowner shall, by means of appropriate measures, ensure that the crew members can easily obtain clear information on their contractual terms and conditions, in particular on the content of this law. For this purpose, a copy of this Act and of the Maritime Labour Convention shall be interpreted at the appropriate place on board at least in the German language. A copy of each of the individual hers ' contracts is to be carried out. If the HeuerContract is concluded with another employer, the copy of a copy of a copy shall be carried on on board, on which the shipowner has confirmed his/her responsibility in accordance with § 4 (2). The crew member has the right to inspect the copy of his/her hulp contract at any time. (2) As far as the Heuercontract refers to a collective agreement, an operating agreement or an on-board agreement, these documents shall be at the appropriate place on board. (3) The shipowner has a copy of this law, the Maritime Labour Convention, a model contract of the Heuercontracts and the collective agreements, operating agreements or on-board agreements referred to in the HeuerContracts is to be carried on board in English translation. The first sentence shall not apply to ships calling at only German ports. Unofficial table of contents

§ 30 Service

(1) The shipowner shall inform the crew member in good time of the date on which it is to be found on board. It shall indicate the berth of the ship or a place of registration. (2) If the crew member is unable to perform the service because of an unavoidable event, it shall immediately inform the shipowner or the master of the service, stating the reasons for the event. . Unofficial table of contents

§ 31 Incentive costs

Where the vessel on which the crew member is to be served is located in a place other than the one at which the driving duty has been established, the crew member shall be entitled to the replacement of the necessary journey and Luggage transport costs as well as an adequate number of days and accommodation fees. The crew member shall be entitled to the same claims if, prior to entering the service, travel is required from the location of the justification of the hating relationship to another place of registration or place of the service. Unofficial table of contents

§ 32 Service obligation

The crew member shall be responsible for the services to which it is bound in the framework of the Heuerration. In doing so, it shall comply with the orders of the competent superiors. Unofficial table of contents

Section 33 Service certificate

(1) The crew member shall be entitled to a certificate of the service provided on board the ship against the shipowner. The certificate must be handed out or transmitted to the crew member in German and English at the latest on the day of the end of the service on board. In the case of ships on which the crew changes at short intervals, or where the same ports are regularly launched, in particular in the case of ferry and trawling, the certificate of service must be completed only at the request of the crew member and at the end of the journey. (2) To be included in the certificate of employment:
1.
the first name and surname, the date of birth, the place of birth and the address of the crew member,
2.
the name and address of the shipowner; in the case of another employer, the name and address of the employer and of the shipowner,
3.
the name of the vessel, the type of vessel, the identification number, the surveying, the power of the machinery and the driving area,
4.
the date of commencement and the end of the service on board,
5.
the nature and duration of the services provided by the crew member.
(3) The issuing of the certificate of service shall be permitted by electronic means as far as the crew member has consented. (4) The certificate of service shall not be subject to an assessment of the performance and conduct of the crew member and no information about the Heuer. . The right to a certificate according to § 109 of the Industrial Code remains unaffected. (5) The shipowner is obliged to keep the service certificates of the crew members in copy or electronically at least five years from the day of the exhibition. The professional association may, at any time, require the shipowner to submit or transmit copies of service certificates in order to verify compliance with the safe occupation in accordance with the rules in force. The shipowner shall be obliged to comply with the request referred to in sentence 2 without delay.

Subsection 2
On-board presence, landing, danger to the ship

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§ 34 Onboard presence

The crew member shall also be obliged to be present on board during his/her time of service, unless he or she has given permission to leave the ship to the master or at the latter ' s representative. Permission shall be granted in so far as the crew member is entitled to land access in accordance with § 35. Unofficial table of contents

§ 35 Landgang

(1) The crew member shall be entitled to land in the port or, if the ship is at Reede, in his/her time of service. (2) The crew member shall also have in his/her time of service within the port working time in the port or, if the ship is at talk, the right to land, to the extent permitted by the operation of the ship. (3) The right to land shall be subject to the conditions laid down in paragraphs 1 and 2 only in so far as the departure time and safety of the ship and the safety of the ship and of the ship are Allow crew members. (4) The master has, if no or none for the landlers (5) The master has to ensure that the guard service, which is necessary outside working hours in the port or at the end of the talk, is evenly distributed to the country. the crew members are distributed. Unofficial table of contents

§ 36 Use of risks for the ship

(1) The crew member must comply with any order of the master which is intended to prevent the imminent threat of man, ship or cargo, to avoid serious damage, to prevent serious disruption of the operation of the ship, or to comply with public-law provisions on ship safety. In urgent cases, the same shall apply in relation to orders of superiors located in situ. Sewer steurers on the Kiel Canal are the same as the crew members. (2) The provisions of paragraph 1 shall also apply in the event of a threat to other ships and humans. (3) In the event of a danger of sea, in particular in the event of a threat of shipwreck, the crew member does not leave the ship without the captain's consent, as long as the ship remains on board. (4) In the event of shipwreck, the crew member is obliged, after the captain's order, to take the best possible steps to save the ship from the ship. people and their things, as well as for ensuring the ship's parts, the Equipment and cargo to provide assistance and assist in the rescue.

Subsection 3
Heuer

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§ 37 Claim on Heuer

(1) The crew member shall be entitled to payment of the agreed amount of the Heuer for the duration of the Heuerration. (2) Prior to the commencement of the hating relationship, the crew member shall be entitled to payment of the Heuer for the duration of the necessary arrival to the agreed place of service. The claim also exists for times in which the arrival of the ship is delayed. Unofficial table of contents

§ 38 Design and due date of the Heuer

(1) The Heuer shall be measured by calendar months. In the case of calculation of the Heuer for individual days, the calendar month is expected to be 30 days. (2) The Heuer shall be due at the end of each calendar month or at the end of the Heuerration. If variable components of the Heuer are not yet fixed at the end of the calendar month, they shall be due at the end of the calendar month in the course of which they can be determined or reasonably determined for the first time at the level of the calendar month. If shares in freight, profit or proceeds are not yet fixed at the end of the calendar month, the crew member may require a deposit to be made in the approximate amount of the portion of the Heuer that has been earned until then. Unofficial table of contents

Section 39 Payment of the Heuer

(1) The Heuer shall be calculated and paid in euros, unless another legal currency is agreed in the Heuervertrag. If the shipowner and the crew member agree that the Heuer should be paid as a euro in a different legal currency, the exchange rate must correspond to the rate published by the European Central Bank and may be used by the crew member (2) The crew member may require the shipowner to request that the Heuer or any part thereof be determined by the crew member.
1.
shall be paid to the crew member in the port or in the reede bar, or
2.
unbar to the crew member or to a consignee designated by the crew member.
(3) The shipowner cannot claim reimbursement by the crew member of the costs incurred by the unleable performance. (4) No deductions may be made from the crew member of the crew member for obtaining or maintaining employment. . Unofficial table of contents

§ 40 Accounting

(1) The shipowner shall give the crew member a settlement in text form (§ 126b of the Civil Code) at due date (§ 38) and hand it out without delay. (2) The settlement must be paid for the respective billing period and complete Information on the composition of the Heuer. As regards the composition, information on the type and amount of the surcharges, allowances, premiums and special payments, as well as the deductions and payments made, including the amounts paid to third parties, shall be required. If payments are not made in euros, but in another legal currency, the shipowner must also indicate the underlying exchange rate in the settlement. (3) If the crew member claims the settlement, the reason for the settlement is the Notice of complaint by the shipowner on the bill of account. Unofficial table of contents

Section 41 Sale of goods and provision of services

If the shipowner sells goods to a crew member or provides him with services, the prices shall be calculated in such a way that no surpluses are incurred after covering the costs.

Subsection 4
Working hours and rest periods

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§ 42 Principles for the organisation of working time

(1) Rules relating to the working time of the sea shall apply from the date on which the ship begins to leave its berth in the port or on the reede for the continuation or continuation of the journey. Port working time requirements shall apply from the date on which the ship has been duly detained in the port or at the time of the reede. In the case of a day of sea working time and port working time, the work carried out on this day shall be taken into account in the calculation of the maximum daily working time. (2) Members of the crew with health problems, who shall: (3) The master shall ensure compliance with the working time requirements of the crew members, if possible. For members of the crew who are not employed by the shipowner, their employers or trainers and the master shall have to work together to ensure compliance with the working time rules. The members of the crew may, instead of the captain of the employer or of the training person or the person representing him on board, meet with the consent of the captain for arrangements on working time. Sentence 3 shall not apply in the cases referred to in Article 47 (1). (4) The master shall, in his working time, be as far as possible in accordance with the working time provisions of this sub-section. The minimum rest periods referred to in Article 48 (1) (2) must not be undershot. This shall not apply in so far as there is a derogation in accordance with § 49 (1) (3) and (4) also in conjunction with paragraph 2 or 3, or if a working time extension in the special cases of § 47 (1) and (2) is permissible. § 50 and § 45 (3) and (4) shall apply provided that there is no deviating rule in accordance with Section 49 (1) (2). § § 51 and 52 are not applicable. § § 43 to 49 apply. (5) In addition to § § 43 to 48, the working time of crew members of a fishing vessel may not average 48 hours per week within twelve months. . Unofficial table of contents

Section 43 Maritime working time

(1) The sea working time of the crew members intended for security shall not normally exceed eight hours per day. It is divided according to the Three-Wachen-System. Crew members may not carry out any other work during the bridge watch next to the guard service. In addition, the crew members may be employed on weekdays between 6 p.m. and 6 p.m. and on Sundays and public holidays, in addition to the guard service, only with occasional repair work, as well as with work to be carried out on the security of the guard. of the ship and its journey, for securing the cargo or for the service of the boat. (2) The sea working time of the crew members not designated for the guard service, with the exception of the service personnel, may normally be eight hours. Do not exceed the workday and must be between 6 and 6 pm. On Sundays and on public holidays, these crew members may only be employed in special cases according to § 47. (3) The service personnel's sea working time may not normally exceed eight hours per day. Working time can be extended by up to one hour if working hours regularly and to a considerable extent fall within the scope of the working time. The working time must be between 6 and 20 o'clock. The period may also be exceeded for the service personnel on passenger ships, on the order of the master and for the health care staff, on the order of the ship's doctor or the ship's doctor. The service personnel may only be employed on Sundays and public holidays with work which is strictly necessary for the catering, operation or nursing of the persons on board, as well as in the sale and care of the service or the care or care of the persons on board. Entertainment of passengers. Unofficial table of contents

Section 44 Port working time

(1) The port working time of the crew members, with the exception of the service personnel, may not, as a rule, exceed eight hours per day from Monday to Friday. On Saturday, the port work time must normally not exceed five hours, while the guard service must not exceed eight hours. Apart from the guard service, the port working time must be between 6 and 6 p.m. on Saturdays between 6 a.m. and 6 p.m. on Saturdays. (2) On working days outside the periods specified in the third sentence of paragraph 1 and on Sundays and public holidays, the following shall be allowed: , the members of the crew referred to in paragraph 1 shall be employed only with the necessary guard service, as well as with work which is unavoidable and inexorable. On Sundays and public holidays, employment must not normally exceed five hours with unavoidable and unstoppable work. (3) The service personnel's port work time must be between 6 and 6 p.m. In addition, Section 43 (3) shall apply accordingly. Unofficial table of contents

Section 45 Ruhepausen and rest periods

(1) The crew members shall be granted rest periods and rest periods, which must be of sufficient duration to ensure the safety and health of the crew members. (2) Unless, at the latest, after working hours of six-and-a-half hours must be given a rest period, the working time must be interrupted at the latest after six hours by a rest period. The rest period must be at least:
1.
30 minutes with a working time of more than six to nine hours,
2.
45 minutes with a working time of more than nine hours.
The rest periods referred to in the second sentence may be divided into periods of at least 15 minutes in each case. (3) The rest period referred to in Article 48 (1) (2) (a) may only be divided into a maximum of two periods of time, one of which shall be a minimum period of time. six hours, the other one must have a minimum of one hour. The period between two consecutive rest periods shall not exceed 14 hours. For the service personnel, in the cases of § 43 (3) sentence 4, also in conjunction with § 44 (3), one of the periods for the rest period after sentence 1 must be at least eight hours. (4) If the crew member has during his scheduled rest period, and if the rest period is disturbed by calls to work, the crew member shall be given a reasonable rest period as compensation. The compensatory rest period shall be at least equal to the duration of rest periods. An uninterrupted period of rest of six hours shall be guaranteed. Unofficial table of contents

Section 46 Differing working time arrangements for two-guards, salvage vehicles and tugs

(1) On ships with a gross tonnage of up to 2 500 in the voyage in the Baltic Sea, in the North Sea and along the Norwegian coast up to 64 ° north latitude, incidentally up to 61 ° north latitude and 7 ° west longitude as well as to the ports The United Kingdom, Ireland and the Atlantic coast of France, Spain and Portugal shall be the exclusive of Gibraltar and of fishing vessels of the same size beyond those areas, provided that the journey takes more than 10 hours, the Working time of the deck and machine personnel designated for the guard service by sea, by way of derogation from § 43 Paragraph 1 shall be extended to up to twelve hours per day and shall be classified in accordance with the two-guard system. The first sentence shall also apply to ships with a gross tonnage of more than 2,500, which have complied with the limit value for the room content, which until then has been in force before 1 July 2002. If the working time is extended accordingly, the crew members are entitled to a reasonable surcharge to the base year. (2) On salvage vehicles, sea and salvage tractors in the North and Baltic Sea travel up to 61 ° north latitude is The first sentence of the first sentence of the first sentence of paragraph 1 shall apply to the working time of the crew. If the vehicle is used at the rescue centre, the working time may be fixed by the master of the master, in particular taking account of the change of tides and the weather conditions, by way of derogation from section 43. Unofficial table of contents

Section 47 Working time extension in exceptional exceptional cases

The master shall have the right to arrange for crew members the hours worked for the immediate safety of the ship and the persons on board, in the event of an imminent threat of cargo or assistance for in distress. ships or persons are required. The master may temporarily suspend the working time and rest schedule and arrange for the crew members to provide the necessary hours of work at any time until the normal situation is restored. (2) Safety, Fire-fighting and lifeboat exercises, as well as exercises prescribed by national law and international agreements, shall be carried out in such a way as to limit the disturbance of rest periods to a minimum, and shall not be subject to any (3) In the cases referred to in paragraphs 1 and 2, § § 43 to 46 and 48 not to be applied. As soon as it is possible after the normal situation has been restored, the master shall ensure that any member of the crew who has worked or participated in an exercise during a scheduled rest period shall have sufficient rest time . The compensatory rest period shall be at least equal to the duration of the rest period. (4) Apart from the cases referred to in paragraphs 1 and 2, the master may, in other cases of urgency, extend the daily routine specified in § § 43, 44 and 46 Arrange working time. The same applies to guard service in the port. In such cases, the provisions of Sections 43, 44 and 46 on the situation of working time and the restrictions on employment shall not apply. Unofficial table of contents

§ 48 Maximum working hours and minimum rest periods

The shipowner and the master shall ensure that the following working hours and rest periods of the crew members are observed on the ship:
1.
the maximum working time may not exceed:
a)
14 hours in each 24-hour period and
b)
72 hours in any period of seven days
and
2.
the minimum rest period shall not be less than:
a)
ten hours in each 24-hour period, and
b)
77 hours in any period of seven days.
(2) In the case of a ship which has a number of ports in a short sequence, the maximum working time referred to in paragraph 1 (1) (b) may be dismissed during the days of frequent port operations. A short sequence of ports is present when less than 36 hours exist between the seeward piloting positions of the Revier to be left behind and the Revier to be used. Once the ship has left the area with frequent port sequences, the master shall ensure that all crew members who, during that period, are beyond the maximum working time allowed under point 1 (b) of paragraph 1 In addition, the number of additional hours worked in addition to the number of hours worked has been paid in the working hours. The compensation can also be granted in connection with holidays. Unofficial table of contents

Section 49 Differing working time arrangements by collective agreement

(1) In a collective agreement or on the basis of a collective agreement in an operating agreement or on-board agreement, it can be agreed that:
1.
the power of the master, by way of derogation from § 47 (4), also in other cases, order an extension of the daily working time specified in § § 43 and 44 up to two hours, in the course of which the regulations on the situation of working time and the to be able to depart from employment restrictions;
2.
by way of derogation from the first sentence of Article 45 (3), divide the minimum rest period referred to in Article 48 (1) (2) (a) into three sections, one of which shall have a minimum duration of six hours and the other two shall have a minimum duration of one hour; ; this derogation may be used for a maximum of two 24-hour periods in each period of seven days;
3.
Derogations from § § 43 and 44 concerning the working time of the sea and port as well as deviating regulations from § 48 (1) to the maximum working time and to the minimum rest period, provided that the rest period is not less than 70 hours in each a period of seven days; derogations from the minimum rest period may not be allowed for a maximum of two consecutive weeks; a period of time shall be between two periods spent on board, for which the derogation applies; which is at least twice as long as the period covered by the derogation, because the period for which the derogation applies is followed by an exemption of at least the same duration,
4.
for crew members of fishing vessels, derogations from § 42 (5) and (2) and (3) also deviate from § 45 (3) and § 48 (1) (2) with regard to working time during the catch and of its processing on board,
5.
for crew members of fishing vessels as well as passenger ships and ferries, also deviating provisions of section 51 with regard to remuneration and § 52 with regard to compensation for Sunday and holiday work.
(2) Within the scope of a collective agreement containing a system referred to in paragraph 1 (1) to (5), this collective agreement may, in the operation of a non-tariff shipowner, be operated by an operating agreement or an on-board agreement or, if a Employee representation does not exist, by written agreement between the shipowner and the crew members, if the application of the entire collective agreement has been agreed. (3) For crew members of fishing vessels , as well as passenger ships and ferries, for collective agreements (4) The derogations provided for in points 2 to 4 of the first paragraph of paragraph 1 and of the rules laid down in paragraph 1 (2) to (4) may be granted in general or on a case-by-case basis by the professional association. Paragraphs 2 and 3 shall be in accordance with the general principles governing the safety and health of crew members and shall be necessary for technical or organisational reasons. They shall comply with the legal provisions as far as possible, but may take account of more frequent or longer holiday periods or the granting of compensatory leave for the crew members. (5) Paragraph 1 shall not apply to: Collective agreements which are concluded pursuant to Article 21 (4), second sentence, of the Flag Law. Unofficial table of contents

Section 50 Overview of work organisation, proof of working time

(1) A survey of the organisation of work on board shall be carried out on each vessel, which shall contain:
1.
the sea and port service plan for all crew members on board,
2.
the maximum working hours and the minimum rest periods in accordance with § 48 as well as the deviations agreed upon in accordance with § 49.
The master shall ensure that an overview of the organisation of work is carried out in an easily accessible place on board. (2) On each ship, proof of work must be carried out separately for each crew member. daily working hours and rest periods. (3) The master is obliged to guide the overview of work organisation and proof of working time. The members of the crew are obliged to provide the master or his representative with the necessary information on the organisation of work and on the organisation of the work of the crew. To give proof of working time. Unofficial table of contents

§ 51 Remuneration for more and night work, as well as Sunday and holiday work

(1) If, in addition to the limits of daily working time defined in Sections 43, 44 and 53 (2), crew members are employed with additional work, they shall be remunerated for each hour, except in the cases of § 47 (1) and (2). The amount of at least one two-hundredth of the basic heuer and a reasonable surcharge shall be paid. If the amount of the allowance is not fixed by collective agreement, it shall be one-quarter for the first 60 hours of the month of the month and for the additional work in the port of guard service, for the following 30 each half of a two-hundredth of the total number of hours of the month. A two-hundredth of the basic heuer and for every additional hour of work. By way of derogation from the first sentence, in the cases of § 46, the limit of the daily working time determined there shall apply. (2) In so far as the additional work carried out in the cases of § 47 (1), first sentence, is commercial salvage, it shall be appropriate to: (3) The crew members are, apart from the guard service,
1.
on Sundays and holiday work, at sea with the exception of work pursuant to § 43 (3) sentence 5,
2.
in the case of work carried out on working days in the case of § 43 (1) sentence 4 between 18 and 6 o'clock or in the port outside the periods specified in § 44 (1) sentence 3 and 3 sentence 1,
to pay a surcharge of at least a quarter of a two-hundredth of the basic year for each working hour. If work is at the same time those under points 1 and 2, the surcharge shall be paid only once. Where these works are at the same time additional work within the meaning of paragraph 1, the rates laid down in the collective agreement or in the second sentence of paragraph 1 shall apply to the remuneration, on the understanding that the minimum surcharge for the work referred to in point 1 shall be one quarter each. of a two-hundredth of the basic hare. Unofficial table of contents

Section 52 Sunday and holiday compensation

(1) Each member of the crew shall be compensated by a working day for each Sunday and for each public holiday in which it has worked or where the ship has been in the port for less than 12 hours. A crew member of the service personnel shall be granted at least two free days per month. (2) The compensation shall be granted as soon as possible. If this is not possible within the same week, the free day shall be given in one of the following weeks. Non-working days not granted until the start of the holiday are to be connected with the holiday or, if an extension of the holiday is contrary to compelling operational reasons, to be deducted. (3) Free days are to be granted in a port, in the country course shall be admissible and possible. At the request of the crew member, free days can also be granted at sea. (4) For non-working days, the provisions of § 58 (1) sentence 1 and § 61 (1) and (2) shall apply. Unofficial table of contents

Section 53 Working time arrangements for young crew members

(1) For juvenile crews, § § 42, 48, 50 and 51 as well as the following paragraphs shall apply. § § 43 and 44 shall apply with the conditions laid down in paragraphs 2 to 4. (2) In the port, youthful crew members may work for up to eight hours a day and up to 40 hours per week on a maximum of five days in the week. The free days should be as Saturday and Sunday as possible. (3) At sea, young crew members are allowed to work for up to eight hours a day and up to 48 hours a week for a maximum of six days in the week. (4) In the watchkeeping service at sea young crew members are allowed to be employed every day for up to eight hours a day and in the week from 5 a.m. However, this shall apply only if, in addition to the guard service, young members of the crew are employed, in addition to the guard service, only with occasional repair work and with work intended to secure the ship and its journey, to ensure the safety of the vessel and the safety of the vessel. Cargo or boat service is strictly necessary. The start of work may be set at 4 o'clock if otherwise the effective training of young crew members would be affected according to defined programmes and timetables. (5) The young crew members must be informed in advance. fixed rest periods of reasonable duration. As a rest period, only one interruption of work of at least 15 minutes shall apply. The total number of rest periods must be at least:
1.
30 minutes with a working time of more than four and a half up to six hours,
2.
60 minutes with a working time of more than six hours.
The rest periods must be given in a reasonable time. For more than four and a half hours in a row, young crew members are not allowed to work without a rest. There is sufficient time to take all meals. (6) In the period between 20 and 6 o'clock, the work of juvenile crew members is prohibited, subject to the rules set out in paragraph 4. In addition, young crew members shall be allowed to participate in the design of passenger ships in the event of performances to entertain passengers until 11 p.m., provided that there is an uninterrupted rest period of at least nine hours following that. The professional association may grant derogations from the prohibition of sentence 1 if:
1.
the effective training of the young members of the crew in question would be affected by defined programmes and timetables; or
2.
the specific nature of the task or of a recognised training programme makes it necessary for the young members of the crew covered by the derogation to carry out tasks at night and, after consultation with associations of shipowners and of the Seafarers are determined that the work does not adversely affect the health or well-being of the young crew members.
(7) Multi-work is only permissible for young crew members in the cases of § 47 (1) and (2), but only if no adult crew member can be used for the respective work. The provisions of paragraph 5 relating to rest periods and to paragraph 6 relating to night rest shall not be applied in this case. Such exceptional situations shall be recorded in writing and shall be signed by the master, stating the reasons. The additional work must be compensated for by a corresponding reduction in working time within the following three weeks. If the working time is no longer granted on account of termination of the contractual relationship, the additional work must be paid, the surcharge for young crew members, by way of derogation from Article 51 (1), for each additional working hour at least (8) Working young members of the crew on more than five days shall be given another free day for the work on the sixth and seventh day of the week. The regulations of § 52 on Sunday and holiday compensation are to be applied. If a free day after the first sentence is to be granted as compensation for employment on a working day, the provisions of section 52 (2) to (4) shall apply accordingly. The financial retribution of free days is not permitted. Unofficial table of contents

Section 54 Deviating working time arrangements for young crew members by collective agreement

(1) In a collective agreement or on the basis of a collective agreement in an operating agreement or on-board agreement, it may be agreed for young crew members.
1.
by way of derogation from Section 53 (2), the distribution of working time up to nine hours daily, 44 hours per week and up to five and a half days per week, but only in compliance with an average weekly working time of 40 hours in a Compensation period of two months;
2.
by way of derogation from § 53 (4), first sentence, to employ juvenile crew members in the security guard service in the port; § 53 (8) shall apply;
3.
by way of derogation from § 53 (5) sentence 3, point 2, to reduce the total length of rest periods to up to 45 minutes;
4.
by way of derogation from Section 53 (6), to employ young members of the crew once a week from 20 to 24 p.m., provided that there is an uninterrupted rest period of at least nine hours; the rest period may be eight hours if otherwise the effective training of juvenile crews would be affected by defined programmes and timetables;
5.
Derogations from the provisions of Section 53 (2) to (8) on passenger ships, ferries, salvage vehicles and sea and salvage tugs differ in terms of working time and for young crew members of passenger ships and ferryboats Rules also on remuneration and compensation for Sunday and holiday work, as well as other additional work; this should also apply to young crew members of fishing vessels; however, with regard to working time, only during the catch and its processing on board.
In the case of the first sentence of point 5, the following requirements shall be complied with. In the event of a derogation from Section 53 (6), at least one nine-hour period, which includes the period between 0 and 5 o'clock, shall be free of work. Derogations must be in accordance with the general principles governing the safety and health of young crew members, and must be necessary for objective, technical or organisational reasons. They must comply with the legal provisions as far as possible, but they can take account of more frequent or longer holiday periods or the granting of compensatory leave for the crew members. (2) The scope of a collective agreement, which contains a system referred to in points 1 to 5 of paragraph 1, may, in the operation of a non-tariff shipowner, by means of an operation or on-board agreement, or, where there is no employee representation, by written agreement, Agreement between the shipowner and the crew members if the application of the entire collective agreement is agreed. (3) For crew members of passenger ships, ferries or fishing vessels for which collective agreements are not normally concluded, exceptions may be made to: (4) Paragraph 1 shall not apply to collective agreements concluded in accordance with the second sentence of Article 21 (4) of the Law on the Rights of the Flag of the Flag of the European Union. Unofficial table of contents

Section 55 Legal Regulations

The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development, by legal regulation without the consent of the Federal Council
1.
determine the more detailed requirements for keeping an overview of the organisation of work and the proof of working time referred to in Article 50 (1) and (2);
2.
detailed rules on the organisation of work and the proof of working time, in accordance with section 50,
3.
by way of derogation from § § 43, 44, 45 and 48, regulations on working time and rest periods and rest periods for crew members on ships, of which special activities for the establishment, modification or operation of works, artificial islands or other installations at sea (offshore activities), to permit and to determine the conditions necessary for the protection of the crew members.
The Federal Ministry of Food, Agriculture and Consumer Protection shall be required to take legal orders in accordance with the first sentence of the first sentence to the extent that the sea fishing industry is affected.

Subsection 5
Holidays

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§ 56 Holiday claim

(1) A crew member shall be entitled to paid recreational leave for each year of employment. The right to a recreational holiday may only be made subject to the conditions laid down in § 64 (3). (2) Unless otherwise specified below, the Federal Judgment Act must be applied. Unofficial table of contents

§ 57 Holiday period

(1) The holiday of the members of the crew shall be at least 30 calendar days for each year of employment. (2) The holidays of young crew members shall be at least for each year of employment:
1.
34 calendar days if they are not yet 17 years old at the beginning of the employment year,
2.
32 calendar days if they are not 18 years old at the beginning of the employment year.
(3) Not to be counted on holiday
1.
public holidays that apply at the place of home port,
2.
Periods of incapacity for work due to illness or accident, as well as work failures caused by motherhood,
3.
Land course in accordance with § 35 and
4.
Compensation free times according to § 52.
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Section 58 Definition of leave

(1) During the period of the holiday, the holiday wishes of the crew member must be taken into consideration, unless their consideration of urgent business interests or holiday wishes of others employed by the shipowner's Crew members who deserve priority from a social point of view. The holiday shall be granted on board as soon as possible after six months of uninterrupted service, at the latest by the end of the year of employment. If the shipowner is not the shipowner, but another person is an employer or an employee of the crew member and the other person does not comply with the contractual obligation laid down in the second sentence, the shipowner is obliged to do so in the name and with effect for the other person. (2) Young members of the crew have to give shipowners and skippers on board the holiday no later than after six months of uninterrupted service. (3) The holiday shall be granted in a coherent manner, unless urgent The reasons for the company or the person of the crew member shall be: (4) The holiday starts at the earliest with the day following the day of arrival of the crew member at the holiday resort. If the place of resumption of service on board or another from the shipowner for resumption of service of certain place is not the resort, the crew member on the day following the end of the holiday has the journey to that place . Unofficial table of contents

§ 59 Holiday resort

Holiday resort is at the choice of the crew member
1.
the place of residence of the crew member,
2.
the place where the Heuertreaty has been concluded,
3.
the place defined by collective agreement; or
4.
any other place agreed upon in the Heuertreaty.
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§ 60 Travel Costs

The shipowner shall pay the travel expenses to the place of holiday and from the place of holiday to the place of resumption of the service on board or to another place designated by the shipowner. With regard to the amount of travel expenses, § 31 shall apply accordingly. Unofficial table of contents

Section 61 holiday pay

(1) As a holiday fee, the crew member shall be paid the whimsip within the meaning of § 37. A reasonable amount of compensation shall be granted for benefits in kind. (2) For each day of holiday and for each holiday falling within the scope of Section 57 (3) (1), a thirtieth of the Heuer is to be paid. Part of the amount of this year, the amount of which depends on the extent of the work, the success or the similar non-uniform bases of assessment, must be taken into account in the calculation of the holiday pay. Unofficial table of contents

§ 62 illness during the holiday

(1) If a member of the crew becomes incapacitated during the holiday, these days of sick leave shall not be credited to the holidays if the condition is proved by a medical certificate. If it is assumed that the illness will continue beyond the expiry of the holiday, the crew member shall be obliged to inform the shipowner without delay. (2) The crew member shall have his work performance after the expiry of the authorised leave or, in so far as the disease lasts longer, to be made available to the shipowner after the restoration of the working capacity. The shipowner shall determine the date from which the remainder of the holiday shall be granted, taking into account the wishes of the crew member. Unofficial table of contents

§ 63 Vacation at the end of the Heuerration

(1) If the occupation ratio of the crew member ends before the end of the year of employment, the crew member shall be entitled to one twelfth of the annual leave for each of the months of employment. (2) If the crew member has terminated of the haggling ratio more than the holiday which is due to him, so the paid holiday fee cannot be reclaimed. Unofficial table of contents

Section 64 Extension of the Heuerration, holiday resettlement

(1) If the crew member has not received the leave due to him at the end of the hadage relationship, the hadress shall be extended by the duration of the leave not granted, unless:
1.
it is not possible to extend the employment relationship as a result of the entry of a new legal relationship; or
2.
the crew member is unable, for reasons independent of his will, to take the leave during the period of the extension.
The holiday is to be granted during the period of prolongation of the Heuerration. (2) If after the termination of the Heuerration a working relationship with the shipowner, the shipowner has the holiday which is still due to the crew member from the hadress in this employment relationship. (3) The shipowner shall be entitled to leave the holiday to the extent that he/she cannot be granted due to the termination of the hatchback ratio. Sentence 1 shall not apply in so far as the conditions set out in paragraph 1 or 2 are fulfilled.

Subsection 6
Termination and termination of the Heuerration

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Section 65 Termination Law

(1) The Heuerration may be terminated by the shipowner and by the crew member. (2) The termination of the Heuerration by denunciation shall be subject to the validity of the written form. The electronic form is excluded. (3) The ordinary termination of notice to a master or a ship's officer can only be pronounced by the shipowner. (4) The general rules on the termination of the hatred shall apply to the dismissal of the Heuerration. Termination of work conditions, unless otherwise specified in this sub-section. Unofficial table of contents

Section 66 Termination periods

(1) The hating ratio may be terminated during the first three months with a notice period of one week. If the first trip lasts longer than three months, the cancellation during the first six months may still be pronounced in the three days with a week period following the end of the journey. After the expiry of the periods referred to in sentences 1 and 2, the period of notice shall be four weeks to 15. Day or the end of a calendar month. The period of notice shall be increased to two months at the end of a calendar month, if the hating ratio in the establishment or undertaking has passed two years. The records 1 and 2 shall not apply to the master; they shall be subject to the time limits set out in the third sentence from the beginning of the hadmissive relationship. (2) By way of derogation from paragraph 1, the crew member ' s hashing ratio may be applied to a fishing vessel with a gross tonnage of up to 1 300 with a 48-hour notice period. This shall not apply to the master. (3) For a cancellation by the shipowner, the period of notice shall be the period of notice if the hating ratio is in the holding or undertaking
1.
has passed for eight years, three months at the end of a calendar month,
2.
has passed for ten years, four months at the end of a calendar month,
3.
for twelve years, five months at the end of a calendar month,
4.
15 years passed, six months at the end of a calendar month,
5.
20 years passed, seven months at the end of a calendar month.
(4) § 622 (3) to (6) of the Civil Code shall be applied accordingly. (5) Unless otherwise agreed, the hegroaring relationship shall continue beyond the expiry of the period of notice until the date of arrival of the ship in a port in which the Home creation of the crew member and his replacement by a substitute is possible safely and with generally accessible means of transport. Unofficial table of contents

Section 67 Extraordinary dismissal by the shipowner

(1) The shipowner may terminate the haggish relationship for good reason without complying with a notice period in accordance with Section 626 of the Civil Code. An important reason is, in particular, that the crew member
1.
is unsuitable for the service taken over for reasons which existed before the grounds for the Heuerration, unless the shipowner was aware of these reasons at that time, or had to be aware of the circumstances,
2.
It conceals a contagious disease that endangers others, or does not indicate that it is a permanent excrement of pathogens of the typhus or paratyphus,
3.
its obligations arising from the hating relationship have been harmed or in a particularly gross violation,
4.
commits a criminal offence which makes his continued failure on board unreasonable,
5.
is incapaciated by a criminal offence committed by him.
(2) The master shall be obliged to enter the extraordinary notice and the reason for his reason immediately in the diary's diary and to hand out a copy of the registration signed by him to the crew member. (3) The extraordinary Termination at sea, or if the crew member remains on board after extraordinary termination, it shall pay the rate of the pledge which shall be paid to the amount of the non-guaranteed food during the holiday (§ 61 paragraph 1 Set 2). Unofficial table of contents

Section 68 Non-ordinary notice of termination by the crew member

(1) The crew member may terminate the hadying relationship for good reason without complying with a notice period in accordance with § 626 of the Civil Code. An important reason is, in particular, that:
1.
the shipowner or the master makes him guilty of a serious breach of duty,
2.
the captain is seriously injured in the honour of being mistreated or ill-treated by other persons;
3.
the ship is flying the flag,
4.
the provisions of the second sentence of section 58 (1) and (3) against leave are not granted;
5.
the ship is to start a contaminated port or if it does not leave a port without delay in the event of a disease outbreak and may result in serious health risks for the crew member,
6.
the ship is to operate an area in which it is exposed to special dangers arising from armed conflict or if the ship does not leave such an area without delay,
7.
the ship is not seaworthy,
8.
the rooms for the crew are harmful to health,
9.
the catering stocks or drinking water carried along for the crew are insufficient or tainted; or
10.
the ship is inadequately staffed.
However, in the case of the second sentence of point 7 to 10, the crew member shall be entitled to terminate the contract only if the infringement is not remedied within a reasonable period of time. The right of dismissal as set out in the second sentence of the second sentence of paragraph 5 or 6 shall not apply if the crew member has been aware of the reasons which entitle him to terminate the voyage prior to the start of the journey or have to be aware of the circumstances. (2) In the cases referred to in paragraph 1, the Crew member from the date of the dismissal entitlement to payment of the Heuer for a month. Claims for damages on the basis of other regulations remain unaffected. Unofficial table of contents

Section 69 Extraordinary dismissal by the crew member due to an urgent family affair

The crew member may terminate the hadying relationship without complying with a time limit if this is necessary due to an urgent family matter or because of another urgent personal reason. Urgent family matters are in particular:
1.
The wife or life partner's wife,
2.
the death of the wife or husband, of a child, of a parent or of the life partner,
3.
serious illness of the wife or husband, of a child, of a parent or of the life partner.
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Section 70 Compensation in the event of unemployment due to ship loss or shipwreck

If the shipowner announces the hatchment ratio for loss of ship or shipwreck, the crew member shall be entitled to payment of the contract beyond the end of the hory period, not later than two months after the termination of the notice of termination of the contract. This year for every day of unemployment. The crew member must be able to count on the claim of the occupation, what it is
1.
to benefits from unemployment insurance, or
2.
by doing some other work deserving or deserving of merit.
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Section 71 Termination of the Heuerration in case of suspected loss of ship and crew

(1) If the whereabout of a ship and its crew is undetectable and if it is assumed that the ship has been lost, the crew member's hadress shall be deemed to have been terminated if, since the last official date, the ship has been (2) If the crew members are later found to be surviving, the members of the crew shall be subject to § § 73, 75 and 76 of the Heuer's home-creation and payment , Unofficial table of contents

§ 72 Reject

(1) Without prejudice to the provisions of § 101, the crew member shall not be allowed to be left in a place abroad without the consent of the professional association. If the crew member has to leave the ship at the instigation of the captain. (2) If, in the event of abandonment, the crew member needs to be in need of assistance, the professional cooperative may be responsible for the consent to the performance of an amount that ensures the maintenance of the crew member in the following three months. (3) The dismissal of a juvenile crew member shall also be required by the Consent of its legal representative.

Subsection 7
Home Creation

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Section 73 entitlement to home creation

The member of the crew shall be entitled to the home-creation to the place of destination as determined in accordance with § 75
1.
in the case of illness or injury, in accordance with § 105,
2.
if the hating relationship ends; in the event of an ordinary termination after the expiry of the period of notice arising from § 66,
3.
if the shipowner no longer fulfils his legal or contractual obligations for insolvency, sale of the ship, modification of the registration in the register of ships or for a similar reason,
4.
if a ship is to enter an area where there is a threat of special dangers arising from armed conflict and into which the crew member does not wish to go, or if the ship does not leave such an area without delay.
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Section 74 Home creation of a youthful crew member

If a young crew member has been serving at least four months during his first trip abroad on a ship and turns out during that time that it is unsuitable for life at sea, it shall have a right to Home creation from a port where the home-building is safe and accessible by public transport. Unofficial table of contents

Section 75 Place of destination of home creation

Place of destination of the home-creation after the choice of the crew member is
1.
the place of residence of the crew member,
2.
the place where the Heuertreaty has been concluded,
3.
the place defined by collective agreement; or
4.
any other place agreed upon in the Heuertreaty.
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Section 76 Implementation and costs of home creation

(1) The shipowner shall make the arrangements for the implementation of the home creation. It shall ensure that the crew member receives the passport and other identity documents required for the home creation. The crew member shall in principle be transported by air. For the period from leaving the ship until arrival at the place of destination, the crew member shall be entitled to Fortzahlung of the Heuer. (2) The right to home creation shall include:
1.
the transport to the place of destination;
2.
accommodation and catering,
3.
the transport of up to 30 kilograms of personal luggage to the place of destination of the home establishment; and
4.
medical treatment, provided that the crew member is required to travel to the place of destination.
The shipowner shall bear the necessary costs of home creation. The offsetting of the costs of the home establishment with the Heuer or any other claims of the crew member is ineffective. The shipowner must not demand an advance payment to cover the costs of the home creation; a corresponding agreement is not effective. (3) The waiting period until the home establishment and the duration of the home-creation must not be counted on the holiday (4) A crew member is home-made when it has arrived at the destination. The right to a home creation shall be issued if it has not been claimed within three months from the date on which the crew member was able to assert the claim for the first time. (5) Is the hating ratio by a Termination in accordance with § 67 has been terminated, the shipowner may require the crew member to reimburse the costs of the home-creation. (6) If the shipowner is unable to make arrangements for home creation, the crew member shall be entitled to payment of the amount of money required for his home purchase. (7) The right of the Shipowners shall be obliged to reimburse the costs of the home-purchase on the basis of contractual agreements with third parties. (8) The shipowner shall be obliged to protect the crew members employed on board the ship for cases of To establish a declaration of payment by means of a declaration of payment Guarantee or guarantee is covered by an association of shipowners or other financial security. Unofficial table of contents

Section 77 Government implementing measures for the home-building

If the shipowner does not fulfil his obligation pursuant to § 76, the professional cooperative has to arrange for the home-creation and the costs to be lost. They shall be reimbursed by the shipowner. Unofficial table of contents

Section 78 Availability of legislation on home creation

The shipowner shall ensure that the crew member on board is available with a copy of the relevant legislation relating to the home establishment in a language suitable for the crew member.

Subsection 8
Procedures for the death of crew members

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Section 79 Death of the crew member

(1) The master shall be responsible for the burial when a crew member has died on board or during the voyage of the ship abroad. If the corpse cannot be taken up to a port in the state in which the destination is in accordance with § 75, but the ship can reasonably reach a port within 24 hours after the death, and against the takeaway. of the body, there are no health concerns, so the burial must be carried out on land. Where a burial is required at sea, it shall be carried out in a dignified manner. (2) The shipowner shall bear the costs of the burial if a crew member has died in connection with his or her work or its consequences. Unofficial table of contents

§ 80 Concern for the goods and the credit of a deceased or missing crew member

(1) The master has to hand over the property of a deceased or missing crew member to the representative of the shipowner on the spot. The shipowner shall ensure that the goods are transmitted immediately to the heirs of the deceased or to the relatives of the missing crew member. (2) The shipowner has declared the credit of a deceased person or declared dead. To transfer the crew member to his heir, with a missing crew member to his family.

Section 4
Vocational training on board

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§ 81 Contract for vocational training for a profession on board

The shipowner may only carry out the professional training of a crew member for a profession on board if it has a professional training contract, the form and content of which fulfil the requirements of § 82. The vocational training contract establishes a vocational training relationship. The provisions of § 10 (2) to (5) of the Vocational Training Act on the conclusion and effectiveness of the vocational training contract and the joint training are to be applied accordingly. Unofficial table of contents

Section 82 Form and content of the contract relating to vocational training on board

(1) The contract relating to vocational training for a profession on board requires the written form; the electronic form is excluded. The shipowner shall, in good time before the proposed conclusion of the contract, draw up a draft contract for the trainee and its legal representative, including the collective agreements to be entered in the first sentence of paragraph 3, point 12 of the contract, operating arrangements or On-board agreements, to be handed out. The contract for vocational training must be concluded before the start of the vocational training and must be signed by the shipowner, the trainee and their legal representatives. All signatories must immediately receive a copy of the contract for vocational training on board. (2) Vocational training begins on land in accordance with the Vocational Training Act, and the practical part is to be carried out on board. , the contract referred to in paragraph 1 shall be concluded at the latest before the start of the practical training on board. § 11 of the Vocational Training Act remains unaffected. (3) The contract for vocational training on board shall include at least the following:
1.
the name and address of the shipowner; in the case of another person, the full name and address of the shipowner, and the name and address of the shipowner,
2.
the first name and surname, the date of birth, the place of birth and the address of the trainee,
3.
the date of the start of vocational training,
4.
the nature, objective and time structure of vocational training, and the objective of vocational training, in particular the professional activity for which training is to be carried out,
5.
the duration of vocational training,
6.
training activities outside the training centre,
7.
the duration of the daily regular training period and rest periods,
8.
the duration of the trial period,
9.
the maturity and amount of the remuneration;
10.
the duration of the annual holiday leave;
11.
the conditions under which the vocational training contract may be terminated,
12.
the indication of the collective agreements, operating arrangements or on-board agreements to be applied to the vocational training relationship on board;
13.
the benefits of medical care and social security to be provided by the shipowner to the trainee, or the other, to the apprentice,
14.
the trainee's right to make a home purchase,
15.
the place and date on which the contract of professional training on board has been concluded.
The trainee must be informed in writing of the place of service on board. (4) For crew members of fishing vessels,
1.
in addition to paragraph 3, the name and the fishing mark of the fishing vessel, or the names and fishing signs of the fishing vessels on which the crew member is to serve,
2.
in addition to paragraph 3, the journey or travel which is to be undertaken if it is possible to indicate at the time of conclusion of the contract,
3.
by way of derogation from paragraph 3, first sentence, point 9, the amount of the share and the way in which it is to be calculated if it is granted a share of the fan proceeds,
to the vocational training contract. (5) If the training is expected to be carried out for more than one month on board a ship under foreign flag, the contract must also include:
1.
the duration of the training on board the ship under foreign flag,
2.
the currency in which the remuneration is paid;
3.
the additional services associated with training on a foreign-flagged vessel,
4.
the conditions for the return of the trainee.
The provisions relating to the suitability and authorisation of a ship under foreign flag shall remain unaffected. (6) The information referred to in the first sentence of paragraph 3, points 7, 9 to 11, 13 and 14 and paragraph 4 may be replaced by the indication the collective agreements, operating agreements or on-board agreements, and similar arrangements applicable to the vocational training relationship on board. If, in these cases, the relevant statutory regulation is decisive, reference may be made to this. (7) In the event of a change of essential contractual conditions, paragraphs 1 to 5 shall apply accordingly. The provisions of § § 12 to 16 of the Vocational Training Act are not applicable to a change in the statutory provisions, the collective agreements, operating agreements or on-board agreements which apply to the vocational training relationship. Non-contractual agreements, the obligations of apprentices and trainees during vocational training, the exemption for participation in the vocational education and the certificate and the certificate are applicable accordingly. Unofficial table of contents

Section 83 Treaty on vocational training on small-sea fishing vessels or inshore fishing vessels

If vocational training is carried out on a vehicle of small deep-sea fishing or inshore fishing, § § 81 and 82 apply instead of § § 10 and 11 of the Vocational Training Act; the other provisions of this section shall not apply. The provisions of the other sections of this Act shall apply to the vocational training contract insofar as the nature and purpose of the contract and the Vocational Training Act do not give any other effect. Unofficial table of contents

§ 84 Compensation claim

Shipowners have to pay apprentices an appropriate remuneration, which is to be calculated in such a way as to increase with continuing vocational training, at least annually in relation to the training year. Unofficial table of contents

§ 85 Design and maturity of remuneration

(1) The remuneration shall be measured by calendar months. In the case of calculation of the remuneration for individual days, the calendar month is expected to be 30 days. (2) The remuneration is due at the end of each calendar month or at the end of the vocational training relationship. The provision of § 19 of the Vocational Training Act on the payment of the remuneration of the remuneration is to be applied accordingly. Unofficial table of contents

§ 86 Trial Period

The vocational training relationship begins with the trial period. It must be at least one month and not more than five months. By way of derogation from sentence 2, a shorter probative period may be agreed with the persons referred to in Article 3 (2) sentence 3. Unofficial table of contents

Section 87 Termination

(1) The vocational training relationship shall end with the end of the training period. If apprentices pass the final examination before the end of the training period, the vocational training relationship ends with the examination committee's announcement of the result. (2) The final examination does not exist, so that the final examination is extended. Vocational training ratio at its request up to the repeat examination defined by the examination board, at the latest by one year. Unofficial table of contents

Section 88 Termination

(1) During the probation period, the vocational training relationship may be terminated with a notice period of one week. If the dismissal is pronounced during the voyage of the ship, the vocational training relationship shall continue after the expiry of the period of notice as an adventuary relationship within the meaning of § 28 until the arrival of the ship in a port in which a home-creation of the trainee with generally accessible means of transport is possible. If the apprentier does not agree with the continuation as an adventurer, he has to pay the pledge rate arising from § 67 (3) during the on-board presence. (2) After the trial period, the vocational training relationship can only be shall be terminated
1.
for an important reason within the meaning of Article 67 (1) or § 68 (1), without notice of a period of notice,
2.
of apprentices with a period of notice of four weeks if they wish to give up vocational training or to be trained for another professional activity.
In the event of termination for important reasons within the meaning of the first sentence of sentence 1, the resignation of the Reeders § 67 (3) shall be subject to the application of Section 68 (2) in the event of a dismissal of the trainee. In the case of termination by the trainee in accordance with the second sentence of the first sentence, the vocational training relationship shall continue beyond the expiry of the period of notice until the date of arrival of the ship in a port in which a home establishment of the trainee shall be: (3) The dismissal must be made in writing and in the cases referred to in paragraph 2, giving notice of reasons for dismissal. (4) Termination for important reasons is ineffective if the underlying reason for the termination of the contract is not Facts known to the person entitled to dismissal for more than two weeks. Unofficial table of contents

Section 89 Compensation for premature termination

(1) If the vocational training relationship is solved prematurely after the trial period, shipowners or trainees may demand compensation for the damage if the other person has to represent the reason for the dissolution. This shall not apply in the case of § 88 (2) (2). (2) The claim shall cease if it does not within three months, calculated from the date on which the crew member was able to assert the claim for the first time, after the end of the (3) The persons referred to in Article 3 (2), third sentence, shall not apply the provisions of paragraphs 1 and 2. Unofficial table of contents

§ 90 Vocational training on ships of the federal and state governments

§ § 81 to 89 as well as the legal regulations issued pursuant to § 92 are to be applied accordingly, if the vocational training is carried out on ships carrying a national service or the federal service flag and used in the sea voyage . Unofficial table of contents

Section 91 Competent authority

For vocational education and training in occupations in accordance with § 92, the Vocational Training Centre is a Seeschifffahrt e. V., Bremen, the competent authority. Unofficial table of contents

Section 92 Legal Regulations

The Federal Ministry of Transport, Building and Urban Development is authorized by law in agreement with the Federal Ministry of Education and Research without the consent of the Federal Council after consultation of the relevant vocational training questions. the highest national authorities of coastal countries to recognise training occupations in the maritime shipping sector and to adopt provisions on
1.
the designation of the training profession to be recognised;
2.
the composition and tasks of the competent authority,
3.
the duration of the training, which shall not be less than two years,
4.
professional skills, knowledge and skills which are at least the subject of vocational training (training profession),
5.
Guidance on the factual and chronological breakdown of skills, knowledge and skills (training framework plan),
6.
The calculation of vocational training on the training period,
7.
the suitability of the trainers, the training centre, the personal and professional suitability of the trainers,
8.
the examination procedure, in particular with regard to the examination board, examination subject and the examination regulations.

Section 5
Accommodation and leisure facilities, catering including service

Subsection 1
Accommodation and leisure facilities

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Section 93 Claim on accommodation

(1) Each member of the crew shall be entitled to safe, healthy and dignified accommodation and facilities, including safe storage of his or her garments and other items of use, for the duration of the hory ratio. the ship, as far as the duration and conditions of use of the ship so require. In doing so, the social, cultural and religious needs of the crew members must be duly taken into account. (2) Each member of the crew is obligated to maintain the spaces and furnishings made available to him/her. (3) The master or a ship officer appointed by him shall visit the accommodation spaces and leisure facilities at least once a month to ensure that these rooms and facilities are clean, appropriate reside and are in a good general condition. In the case of rooms which are used as an apartment, the inspection may only be carried out with the consent of the crew member concerned. The results of each tour shall be entered in the diary and shall be kept for inspection. (4) If the crew member cannot be granted accommodation on the ship, for reasons which are not due to him, the crew member shall be entitled to: Claim to other appropriate accommodation or payment of the amount of money required for this purpose. Unofficial table of contents

Section 94 Access to communications facilities

The master shall provide crew members with appropriate and reasonably priced access to ship-land telephone connections, e-mail services and Internet services at their request, provided that such facilities are available on board. The shipowner shall ensure that:
1.
the post addressed to a crew member shall be delivered without delay, and
2.
the crew member has no post-porto to pay if his mail has to be umadressed for reasons beyond his control.
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§ 95 Visits, co-travelling partners

In the event that operational matters and national or international security legislation do not conflict, the master shall allow the crew members, at their request, to:
1.
in the case of port visits, immediately to receive visits from their partners, relatives and friends on board;
2.
to be occasionally accompanied by their partners on journeys.
Accompanying partners are obliged to insure themselves sufficiently against accident and illness. The shipowner shall assist the crew members on the conclusion of such insurance. Unofficial table of contents

Section 96 Legal Regulations

The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development, by legal regulation without the consent of the Federal Council
1.
the more detailed requirements for living and living rooms, sanitary facilities, washing facilities and kitchen facilities, as well as leisure facilities on board the ships, including their facilities and facilities, and their determine the readiness to use,
2.
to determine the more stringent requirements for medical premises on board the ships and their readiness to use them.
Legal regulations as set out in the first sentence shall be subject to the agreement of
1.
of the Federal Ministry of Food, Agriculture and Consumer Protection, as far as the sea fishing industry is concerned,
2.
the Federal Ministry of Health in the case of the first sentence of sentence 1.

Subsection 2
Catering including service

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§ 97 entitlement to food, instruction and instruction

(1) The crew member shall be entitled to free, adequate and adequate food and drink (food) as well as drinking water for the duration of the hadage ratio. Catering is appropriate if it ensures a suitable and balanced diet in terms of nutritional value, quality and variety. In this connection, the number of crew members on board, their cultural characteristics and religious practices, as well as the duration and nature of the journey shall be duly taken into account. (2) The shipowner shall ensure that:
1.
the drinking water, the water supply system and its operation, the current legislation on drinking water,
2.
Catering to the applicable food regulations
. It shall ensure that the kitchen and operating staff are instructed accordingly. In particular, it shall ensure that the personnel involved in the activities referred to in § 42 (1) of the Infection Protection Act shall be employed on board and, in addition, every two years in accordance with § § 42 (1) of the Infection Protection Act. 43 (4) of the Infection Protection Act is to be taught about the prohibition of activities and the obligation to provide a notification. The teachings are to be documented in the Seetagebuch. In the case of activities on changing ships, a copy or a copy shall be taken to the diary of the respective ship. § 43 (1) of the Infection Protection Act is not applicable. Unofficial table of contents

Section 98 reviews

The master or a person designated by him shall ensure that checks are carried out
1.
catering and drinking water supplies;
2.
all rooms and equipment used for the storage of catering and drinking water; and
3.
the kitchens and other equipment for the preparation and serving of food
shall be carried out at least monthly and shall be entered in the diary immediately, indicating the day and the result of the review.

Section 6
Safety and health at work, medical and social care

Subsection 1
Entitlement to medical care on board and on land

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§ 99 Claim for medical care

(1) The crew member shall be entitled to immediate and adequate medical care for the duration of the hory relationship in the event of a disease or injury at the expense of the shipowner, as in general to the workers on the land. It is available until it is healthy again or until the illness or incapacity to work is classified as permanent, insofar as the § § 100, 102 and 103 do not determine anything else. If the ship is located in a domestic port, the crew member shall be entitled, in accordance with the first sentence, to preventive measures necessary for the prevention and early detection of diseases and their deterioration and for the programmes to be carried out in accordance with the provisions of the Health promotion and health education. (2) A member of the crew is the same as a member of the crew or injured as a result of a non-unlawful sterilisation or a non-unlawful abortion of the crew member. Pregnancy is prevented from being a service. The same applies to termination of pregnancy if the pregnancy is aborted within 12 weeks of conception by a doctor, the pregnant woman requires the termination and the doctor has been certified by a certificate. (3) The right to medical assistance referred to in the first sentence of paragraph 1 shall include all the measures necessary to protect health and the health and safety of the health and safety of the health and safety of the health and safety of the health and safety of the health and safety of the health and safety of the Curative treatment, including a necessary dental treatment, as well as the catering and accommodation of the sick or injured crew member. Medical care also includes the supply of the necessary medical and medical equipment, access to medical equipment and facilities for diagnosis and treatment, and medical information and specialist information. (4) The Member of the crew has the right to seek a qualified doctor or dentist immediately in the ports of call. (5) The claim referred to in paragraph 1 shall not exist if:
1.
the employment relationship has been established abroad and the crew member does not take part in the journey because of a disease or injury which is already present at the start of the hadal relationship,
2.
the crew member has deliberately concealed a disease or infirmity at the conclusion of the Heuertreaty, or
3.
the crew member has contracted the disease or injury by means of a criminal offence committed intentionally.
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§ 100 Special features of medical care in Germany

(1) If the ship is located in a domestic port, then a crew member insured in the statutory health insurance or the private substitutive health insurance shall have as long as it remains on board the choice between the medical Care at the expense of the shipowner or the health insurance. (2) The shipowner can refer to the health insurance the crew member insured in the statutory health insurance or the private substitutive health insurance, if
1.
a ship's doctor or a ship's doctor, or a doctor appointed by the shipowner, is not available;
2.
the disease or the behaviour of the crew member does not permit or make unreasonable the remaining on board; or
3.
the success of the treatment is at risk.
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§ 101 Special features of medical care abroad

(1) If a crew member has to leave the ship abroad due to illness or injury, the crew member may require the shipowner to receive medical treatment and food in a reasonable hospital. (2) In the cases referred to in paragraph 1, the crew member shall be entitled to: the shipowner shall pay the crew member an appropriate daily allowance to satisfy the necessary personal needs, unless the heuer is to be paid in accordance with § 104. Unofficial table of contents

§ 102 Ruhen of the right to medical care at the expense of the shipowner

If a member of the crew refuses to accept the treatment or hospital treatment offered, the claim for medical care at the expense of the shipowner shall be for the duration of the unauthorised refusal. Unofficial table of contents

§ 103 End of medical care at the expense of the Reeders

(1) The medical care shall end at the expense of the shipowner as soon as a crew member insured in the statutory health insurance or private substitute health insurance leaves the ship at a domestic location. However, medical care is to be continued if there is a risk of interruption, until the competent health insurance or the responsible accident insurance system begins with benefits. (2) If a member of the crew is abroad , the medical care shall end at the expense of the shipowner if the crew member insured in the statutory health insurance or the private substitute health insurance company has been returned to Germany or has returned. Medical care at the expense of the shipowner shall end for each crew member at the latest with the expiry of the 26. Week after it left the ship. In the event of injury resulting from a work accident, medical care shall end as soon as the competent accident insurance begins with its services.

Subsection 2
Today's study and other claims in case of illness

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Section 104 Fortzahlung of the Heuer in the case of illness

(1) A crew member who is incapable of work as a result of illness or injury shall be entitled to receive payment of the Heuer from the beginning of the incapacity for work at least until the day on which the ship leaves the ship. In addition, the provisions of the law on the payment of charges apply. However, as long as the crew member is on board a ship at sea or abroad, § 5 of the Law on the Payment of Remuneration shall apply only in so far as the crew member is responsible for the communication of his incapacity for work and his/her incapacity to work. (2) The shipowner has an incapacitated or injured crew member who is not entitled to the payment of the amount of the heuer referred to in paragraph 1, up to a period of 16 weeks since the beginning of the Incapacity for work or treatment in a hospital an amount in the amount of the sickness benefit to be paid , which would be paid to the crew member in accordance with the Fifth Book of Social Code, if it were insured in the statutory health insurance and would have been ill in the country. The claim in the first sentence does not apply to a crew member who has left the ship and who has a right to sickness benefit in the country against the statutory health insurance. Unofficial table of contents

Section 105 Home creation in case of illness

(1) A crew member who has been left abroad due to illness or injury may, with his consent and that of the treating physician, be able to be secreted in accordance with § 73. If the crew member is unable to give his consent, or if it refuses to give his consent without sufficient reason, it may, after consulting a doctor who does not provide the medical service of the profession, be able to give his consent. (2) A member of the crew who cannot return on board the ship after the completion of medical treatment or treatment abroad is entitled to a home-purchase in accordance with § § 73 and 76. To the extent that the crew member is not entitled to an entitlement under other regulations, it is entitled to an appropriate daily allowance during the period of the home purchase to satisfy the necessary personal needs. Unofficial table of contents

Section 106 Concern for matters and the credit of an injured or injured crew member

(1) If a member of the crew is to be left behind due to illness or injury, the master shall, in so far as the crew member has not specified otherwise, immediately inform the shipowner of his goods and his or her ruin. submitted on site for storage. The crew member must agree to the handover to the representative of the shipowner, if it is able to do so. The crew member shall be informed of the surrender in any case. (2) The master shall immediately ensure that a list of the crew member's property and the crew's assets is drawn up in two copies, thereby ensuring that the crew member has a Storage location is specified. This list shall be signed by the master and by another crew member. The storage location and the crew member left behind shall each be given a copy of the list.

Subsection 3
Guarantee of medical care by the shipowner

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Section 107 Medical facilities and medical equipment

(1) The shipowner shall ensure that the ship is equipped with the premises (medical facilities) necessary for the provision of adequate medical care for the persons on board. Medical facilities include:
1.
the sick, treatment and operating rooms,
2.
the setting up of these rooms, in particular the pharmacy closet, sanitary facilities and communication facilities, as well as lighting and ventilation.
The shipowner shall ensure that the medical facilities are kept in a state of continuous use. (2) The shipowner shall ensure that the ship and the survival craft belonging to the ship are carried out in accordance with the provisions of sentences 2 and 3. and on-call boats shall be provided with adequate medical equipment to meet the requirements of the type of vessel concerned, the operational purpose and the driving area, the nature, duration, destination of the journeys and the number of persons Board is considered. The medical equipment includes in particular:
1.
the medicinal products, medical devices, aids and other medical equipment stored in the vessel's pharmacy, in pharmacists or in medical boxes,
2.
the necessary documentation for the daily or admission-related records of the treatments and the use of the ship's pharmacy and other medical equipment, in particular diaries and medical report forms, and
3.
the required medical instructions.
The medical equipment must be suitable in respect of its contents, storage, labelling and application, including the recording possibilities, the protection of the health of persons on board and their use, to ensure immediate and adequate medical treatment and care on board. If the medical equipment complies with the state of the medical requirements in the shipping industry (state of the medical findings), which was made known in the journal or in the Federal Gazette (Bundesanzeiger), the medical equipment is sufficient. the requirements of sentence 3. Unofficial table of contents

Section 108 Committee on Medical Equipment in the Maritime Transport

(1) The Federal Ministry of Transport, Building and Urban Development is establishing a Committee for Medical Equipment in the Maritime Transport Committee (Committee). The Committee shall be responsible for:
1.
to continuously monitor developments in the field of medical equipment,
2.
to identify and identify the state of medical knowledge;
3.
To make recommendations for the establishment of medical facilities.
In determining the status of the medical findings, the type of vessel concerned, the number of persons on board, the purpose of use, the travel area, the type, duration and destination of travel, as well as the relevant national and national authorities, shall be established. (2) The Federal Ministry of Transport, Building and Urban Development has announced the status of medical findings in the Official Journal or in the Federal Gazette (Bundesanzeiger), as established by the Committee. The professional association may publish a notice according to sentence 1 on its website. (3) The committee consists of a representative or a representative.
1.
the medical service of the professional cooperatives,
2.
the radio or satellite radio or satellite radio service, with specialist advice,
3.
the competent authority for health matters in the Free and Hanseatic City of Hamburg, where the person must be experienced in the field of shipping medicine,
4.
the Working Group of Coastal Countries, established under the Agreement of countries on cooperation in the field of marine medicine, for marine hygiene, and the person must be experienced in the field of shipping medicine,
5.
of the Federal Institute for Drugs and Medical Devices,
6.
the Pharmaceutical Commission of the German Pharmacists,
7.
the Medical Committee of the German Medical Association,
8.
of the Federal Maritime and Hydrographic Agency,
9.
the shipowner and
10.
the seamen.
It shall also include the Committee with a consultative vote:
1.
another representative or another representative of the professional association with qualifications to the judge's office,
2.
two pharmacists or pharmacists, appointed by the Bundesapothekerkammer (Bundesapothekerkammer), experienced in marine equipment,
3.
a representative or a representative of the Deutsche Gesellschaft für Maritime Medizin, who is not at the same time a member of the institution referred to in the first sentence.
The chair is chaired by a representative of the Federal Ministry of Transport, Building and Urban Development, who has no right to vote or who has no right to vote. The persons referred to in the first sentence of the first sentence of the first subparagraph shall be competent in respect of the medical treatment and care of persons on board or in respect of the authorisation and registration of medicinal products, narcotics and medical devices. The persons referred to in the first sentence of point 8 to 10 shall be the holder of a certificate of competency for the nautical service on board vessels or on equivalent maritime experience, including practical knowledge of the medical care on board. (4) The Committee is in the exercise of its Tasks independently. The Committee shall not meet in public. The deliberations, with the exception of the decisions taken, shall be held in silence vis-à-vis third parties. The committee shall have a quorum if more than half of the members entitled to vote are present; it shall take its decisions by a majority of two-thirds of the members who have the right to vote. Decisions may be taken by written procedure outside meetings if no voting member is in conflict, in which case a decision of a majority of two-thirds of all members entitled to vote is required. (5) The Federal Ministry of Transport, Building and Urban Development shall convene the members of the Committee for a period of three years on the basis of a proposal from the authorities and other bodies entitled to the withdrawal of the public. A representative shall be appointed for each member. Revocation shall be admissible. The Federal Ministry of Transport, Building and Urban Development can only reject a proposal if the proposed person does not have the necessary technical expertise. The Federal Ministry of Transport, Building and Urban Development also has, in so far as there is a special technical need, one representative each, or one representative.
1.
the Bernhard-Nocht-Institute for Tropical Medicine with regard to tropical medical concerns,
2.
of the Paul-Ehrlich-Institute with regard to the protection of vaccines and the use of sera and vaccines,
3.
the Robert Koch Institute in the fight against and prevention of infectious diseases, or
4.
the Federal Agency for Agriculture and Food with regard to the special needs of the sea fishing industry
, to appoint consultative members of the Committee on a proposal from the above-mentioned bodies; the provisions of sentences 2 and 3 shall apply accordingly. In addition, the Federal Ministry of Transport, Building and Urban Development may, in case of other needs, appoint additional persons who may participate in meetings of the Committee. (6) The management of the Committee shall be responsible for: Professional cooperative; it participates in the meetings. Unofficial table of contents

§ 109 Implementation of medical care and controls on board

(1) For the conduct of medical treatment and care on board and the management, management and confidential treatment of records, in particular the medical report forms,
1.
the ship's doctor or the ship's doctor, or
2.
on a ship without a ship ' s doctor or a ship ' s doctor
Responsible. The master may, in the case of the first sentence of sentence 1, appoint a ship officer to carry out the duties as set out in the first sentence. The master and, in the case of the second sentence, the ship ' s officer must also have an education which ensures appropriate medical treatment and supplies on board. The persons referred to in the third sentence must continue to participate in this area every five years by participating in an approved medical repeat training course. The providers of medical repeat courses shall ensure that the participants are provided with the knowledge and skills of the appropriate medical treatment and care on board. A medical repeat course shall be approved by the professional association if it is guaranteed that the requirements of sentence 5 in connection with a legal regulation pursuant to section 113 (1) (4) are fulfilled. (2) The shipowner has ensure that the tasks referred to in the first sentence of paragraph 1 are carried out by the persons referred to in paragraph 1. The shipowner shall also have to ensure that his ship
1.
in the case of Indistine
2.
in the case of a flag change, or
3.
within the framework of flag State control in accordance with § 129 (2)
with regard to medical facilities and medical equipment by the professional association. The professional association may make use of the participation of recognised organisations. (3) In addition to the inspection by the professional association, the shipowner must ensure, at least every twelve months, by means of on-site inspections, that: medical facilities and medical equipment are always in a proper condition. The shipowner must be able to use the participation of a public pharmacy in the control and the necessary complement to medical equipment and medical devices. The persons referred to in the first and second sentences of paragraph 1 shall keep up-to-date proof of the conduct of the operations carried out and the participation of the pharmacy and shall keep them on board for at least five years from the date of issue. (4) The person responsible pursuant to the first or second sentence of paragraph 1 shall immediately record and keep on board the medical care of a person who has been ill or injured in the medical report forms and shall keep them on board until such time as they are to competent authority. The report forms and the information contained therein shall be treated confidentially and may only be used to facilitate the treatment of the crew member. The Federal Ministry of Transport, Building and Urban Development announcates the samples of the medical report forms in the traffic bulletin or in the Federal Gazette. Unofficial table of contents

§ 110 Monitoring

In addition to the powers of Section 143, the professional association and persons employed by it may, in particular, order that:
1.
the medical facilities are equipped and maintained in such a way that they meet the requirements of the first sentence of Article 107 (1);
2.
the medical equipment, which is not in accordance with the state of the medical findings within the meaning of Article 107 (2) sentence 4, shall be amended or supplemented in such a way as to meet the requirements of § 107 (2) sentence 3 or an order pursuant to section 111 (2) is sufficient.
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Section 111 Exceptions

(1) The professional association may, on request in individual cases, grant exemptions from the requirements laid down in this subsection and the legal regulations adopted pursuant to the provisions of this subsection, in so far as this is done with the status of the (2) With the agreement of the Federal Ministry for Transport, Building and Urban Development, the Professional Cooperative can be compared with the requirements of the German Federal Ministry for Transport, Building and Urban Development (BfB). Reedern order that different from the one in the traffic leaf or in the Federal Gazette medical findings have to meet certain requirements, to the extent that this is necessary in order to obtain more recent findings, which are not yet taken into account in the state of medical knowledge shall be taken into account. An order in accordance with the first sentence shall apply until the publication of a more recent state of medical knowledge, at the latest for two years. The arrangement is to be published in the newsletter or in the Federal Gazette; it can also be published on the website of the Berufsgenossenschaft. Unofficial table of contents

Section 112 Radio-and satellite-radiomedical supervision

The radio or satellite radio service provided by the Federal Government pursuant to Section 1 (7a) of the Law of the Sea with professional medical advice is available free of charge and at any time for radio or television to all ships at sea, irrespective of their flag. satellite radio consulting services, including specialist medical advice. Unofficial table of contents

Section 113 Legal Regulations

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to ensure adequate medical treatment and care on board a ship by means of a legal regulation without the consent of the Federal Council
1.
to regulate the Rules of Procedure for the Committee on Medical Equipment in Maritime Navigation, in which the formation of preparatory subcommittees, their tasks and their composition may be determined;
2.
to lay down more detailed rules on the occupation of ships with shipboard doctors,
3.
determine the more detailed requirements for the training and further training of persons within the meaning of the first sentence of Article 109 (1) (2) and the second sentence of Article 109 (1), including examinations and the issuing of certificates and certificates;
4.
to determine the more detailed requirements for the authorisation and quality assurance of medical repeat courses,
5.
detailed rules for monitoring the provisions of this subsection and the legal regulations adopted pursuant to the provisions of this Subsection, in particular those relating to reporting obligations, recording obligations, obligations for the retention of -enact business documents, information obligations, dulking of business premises and premises, and support obligations,
6.
the information on the nature, extent and frequency of the inspections carried out in accordance with section 109 (3), as well as the necessary evidence, records and retention periods.
The administrative procedure may be further specified in the legal regulations referred to in points 3, 3, 4 and 6 of the first sentence. Legal regulations as set out in the first sentence shall be subject to the agreement of
1.
of the Federal Ministry of Food, Agriculture and Consumer Protection, as far as the sea fishing industry is concerned,
2.
of the Federal Ministry of Health, in so far as the contents of the regulations are affected by infection or hygiene.
(2) The Federal Ministry of Labour and Social Affairs is authorized, in order to ensure adequate medical treatment and care on board a ship by means of a regulation without the consent of the Federal Council, to lay down detailed rules on the medical facilities.

Subsection 4
Safety and health at work

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Section 114 General protection against operational hazards

(1) The shipowner shall be obliged to set up and maintain the entire operation of the ship and all equipment, equipment and equipment on board as well as to regulate the employment and the conduct of the work in such a way as to ensure that the crew members are against sea. and fire hazards, work-related health hazards, and other risks to life, health and morality, such as the type of operation of the ship. In particular, the shipowner shall ensure that the necessary resources are made available to the master in order to ensure that the ship is adequately stocking and to comply with the statutory health and working time provisions. . The duties for the maintenance and safe operation of the ship and the work areas, installations and equipment on board as well as for the regulation of employment and the operation of the work shall also be carried out by the master. (2) The crew members shall have the following duties: To comply with occupational safety and health measures. Unofficial table of contents

Section 115 Maritime Safety Committee

(1) The shipowner shall be responsible for forming a ship safety committee on ships of five or more crew members. This Committee shall be composed of:
1.
the master,
2.
a member of the on-board representation designated by the board representative; and
3.
the security officer in accordance with § 116.
To the extent that there is no onboard representation, the Member shall be appointed by the master after the second sentence of the second sentence of the second sentence. (2) The Ship Safety Committee shall advise on matters relating to the protection of employment and the prevention of accidents. The ship safety committee shall meet at least once a quarter. Unofficial table of contents

Section 116 Security officer

(1) The shipowner shall appoint a safety officer on ships with five or more crew members. The order and the convocation shall be effected with the consent of the on-board representation, insofar as such exists. (2) The safety officer shall assist the shipowner in the implementation of the measures for the prevention of accidents at work and occupational diseases, , in particular, to convince itself of the existence and proper use of the prescribed protective equipment and personal protective equipment, and to draw attention to the risks of accidents and health for the crew members (3) The security officer shall be entitled to do so due to the performance of the shall not be penalised. Unofficial table of contents

Section 117 Special protection of juvenile crew members

(1) The employment or work of young crew members with work which may endanger their health or safety shall be prohibited. (2) Young crew members shall not be allowed to work or carry out work ,
1.
that exceed their physical or mental capacity,
2.
in which they are exposed to moral hazard,
3.
linked to the risk of accidents, which is likely to prevent young crews from detecting or preventing them from being able to identify them for lack of safety awareness or lack of experience,
4.
in which their health is threatened by extraordinary heat or cold or strong wetness,
5.
in which they are exposed to harmful effects of noise, vibration or radiation,
6.
in which they are exposed to the harmful effects of hazardous substances within the meaning of the Hazardous Substances Regulation,
7.
in which they are exposed to the harmful effects of biological agents within the meaning of the Biosubstance Regulation,
8.
in the machine service, if they have not yet passed the final examination in a training occupation recognized for the machine service.
Sentence 1 (3) to (8) shall not apply to members of the crew, to the extent that:
1.
this is necessary to achieve their training objectives,
2.
it is guaranteed by the supervision of a competent person;
3.
in the case of dangerous substances referred to in point 6.
Sentence 2 shall not apply to specific activities involving biological agents of risk groups 3 and 4 within the meaning of the Biosubstance Regulation and to the employment of at least 15-year-old crew members on fishing vessels according to § 10 (3) The master shall take the necessary measures and arrangements to protect juvenile crews against risks to life and health and to avoid any impairment of the physical or mental-mental health of the crew. Development. The lack of safety awareness, the lack of experience and the level of development of the young members of the crew must be taken into account, and the generally accepted safety and occupational health and safety rules, as well as the other established scientific knowledge. The master shall, in particular in the case of the following activities, examine whether a work of young crew members under paragraphs 1 and 2 is excluded:
1.
Lifting, moving or carrying heavy loads or objects,
2.
entering boilers, tanks and trunk dams,
3.
Operate lifting equipment and other power-driven equipment and tools or work as a signal transmitter for understanding with the persons using such equipment,
4.
Handling of mooring sprouts, towed trousers or anchorage sprouts,
5.
Working in the Takelage,
6.
Work in height or on deck in heavy weather,
7.
Wake-up service during the night,
8.
maintenance of electrical installations and equipment,
9.
Cleaning of kitchen machines,
10.
Use of ships ' boats or take responsibility for them.
(4) Before the commencement of the work of young crew members and in the event of a substantial change in working conditions, the master shall assess the hazards associated with the work of adolescent crew members. In addition, the provisions of the Employment Protection Act apply. (5) The master has the young crew members before the start of the work and in the event of a substantial change in working conditions on the accident and health risks to which they are at the , as well as the facilities and measures to be taken to avert such risks. He/she has the young crew members, prior to the initial work on machinery and hazardous places of work, or with work in which they come into contact with substances which are hazardous to health, on the particular dangers of such substances. Work as well as the conduct required in the course of their execution. The instructions must be repeated at reasonable intervals, but at least half a year. (6) The shipowner shall be involved in the planning, implementation and monitoring of occupational physicians and occupational safety specialists. the rules applicable to the safety and health protection of the work of young crew members. (7) For crew members who are not employed by the shipowner, their employers or trainers and the master together to ensure compliance with the rules referred to in paragraphs 1 to 5. For these members of the crew, the employer, the training person or the person representing them on board may, with the consent of the captain, make arrangements for the protection of employment. (8) The professional association may, in individual cases, determine whether a work falls under the working bans or restrictions on working conditions referred to in paragraphs 1 and 2 or by a regulation adopted pursuant to Section 118. It may, in individual cases, prohibit or restrict the work of young crew members with certain activities relating to the working bans or restrictions on working conditions laid down in paragraph 1 and a regulation in accordance with Article 118, if such activities are Working with hazards for life, health or for the physical or mental-mental development of the youth crew members are connected. Unofficial table of contents

Section 118 Legal Regulations

The Federal Ministry of Labour and Social Affairs is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development, by means of a regulation without the consent of the Federal Council, to ban the working prohibitions and working restrictions of § 117 Paragraph 1 to 3 for young people in the case of work associated with particular risks to life, health or to physical or mental development. The Federal Ministry of Food, Agriculture and Consumer Protection shall be required to take legal orders in accordance with the first sentence of the first sentence to the extent that the sea fishing industry is affected.

Subsection 5
Access to social services on land

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Section 119 Social institutions for seafarers on land

(1) Social facilities for seafarers in ports shall ensure that they are non-discriminatory and easily accessible to all seafarers, irrespective of the flag of the ship. (2) Social facilities include:
1.
Assembly and leisure periods,
2.
Sports facilities and other outdoor facilities, including competitions,
3.
educational institutions and
4.
Institutions for the practice of religion and for personal advice.
(3) The social institutions are to establish social advisory councils. Representatives of the shipowners 'and seafarers' associations, the competent authorities and voluntary organisations and social care bodies should be members of the Social Welfare Councils. To the extent appropriate, consuls of the Maritime States and local representatives of foreign social organizations should be invited to cooperate with social councils operating in ports. (4) Social facilities in domestic ports shall be funded by the Federal Government within the limits of the available budgetary resources.

Section 7
Order on board and right of appeal

Subsection 1
Compliance with the order on board

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§ 120 Conduct on board

The ship ' s crew shall cooperate in a spirit of trust and mutual respect and consideration in order to ensure the operation of the ship and to ensure public safety and order on board and in connection with the operation of the ship. . Unofficial table of contents

§ 121 Responsibility of the captain for the preservation of security and order

(1) The master shall be the superiors of all crew members. (2) The master has for the maintenance of public safety and order on board and in connection with the operation of the vessel. The vessel shall be entitled to take the necessary measures under the following provisions and in the other legislation. It may not be prevented by the shipowner from making any decisions which may be taken in accordance with the professional judgement of the master for the safety of the ship and his safe journey, safe operation or safety of the crew members. and the other persons on board. (3) If there is an imminent threat to humans or to the ship, the master may, if necessary, use the necessary means of coercive force to deal with the risk of the risk being averted. , the temporary arrest shall be admissible. The fundamental rights of the first and second sentences of Article 2 (2) and of Article 13 (1) and (2) of the Basic Law shall be restricted to this extent. Where the use of more than one means is in question, the means to which the person concerned is least affected shall be chosen. (4) The use of physical force or the temporary arrest is only permitted if other means are available from the outset appear to be inadequate or have proved inadequate. They may be applied only in so far as the performance of the duties of the master within the framework of paragraphs 2 and 3 is required. (5) The master may, on the first hand, exercise the powers conferred by paragraphs 1 to 4 on the first Officer of the deck service and the head of the machinery shall be transferred within their service branches if he is not able to exercise them himself. Any exercise of the powers shall be communicated to the master at the latest within 24 hours. The transfer shall be notified in an appropriate manner to the crew members. (6) The master shall immediately enter into the diary of the sea in accordance with paragraphs 3 and 4 and the delegation of the powers referred to in paragraph 5 shall be notified to the crew. shall be entered. Unofficial table of contents

Section 122 Order of the ship's officers and the other superiors

(1) The ship officers and the other superiors shall have the power of order in order to maintain public safety and order on board and in connection with the operation of the ship in their area of responsibility. (2) The ship officers shall be the superiors of the members of the crew operating in their service, in so far as they are not managers of service branches, and of the persons working within their service in accordance with Section 3 (3). Heads of service branches are supervisors of all crew members and persons operating in their service branch in accordance with Section 3 (3). (3) The captain may also appoint other crew members as supervisors within the individual service branches. The determination shall be made known by means of a slope. (4) The vigilant ship officer of the machine service and the other crew members, who are heads of service branches, shall have the orders of the growing nautical vessel officer, the in the framework of the guard service, to carry out in their service area. Unofficial table of contents

Section 123 Duties of superiors

(1) The captain and the other superiors shall deal with the persons who have been subject to them in a fair and understanding way and shall confront violations of the laws and the good morals. The master and the superiors shall not be allowed to physically punish, treat, treat, act or abuse crew members and have them before corporal punishment, disgraceful treatment, coercion, mistreatment, and moral the risk of endangering other crew members. They must ensure that, even during leisure time, young crew members are protected against health and moral hazard as far as possible. (2) The captain has to ensure that the vocational training of young people in the course of the operation of the ship. Unofficial table of contents

Section 124 duties of crew members and other persons on board

(1) Each member of the crew shall be obliged to immediately comply with enforceable orders of the superiors. In particular, the crew member is obliged to immediately comply with a fully-fledged arrangement of a competent superior, which serves to prevent a threat to people, to the ship or to its cargo, to serious disturbances of the ship's operations or to comply with rules on ship safety. In the cases of § 121 (2) and (3), also in conjunction with paragraph 5, the crew members are obliged to provide assistance. (2) The crew member is not obliged to execute an order that violates the human dignity or (3) The other persons on board have to comply with the enforceable orders placed on them by the master or in his or her representation or in his or her representative's office or in his/her representative or his/her representative. Assignment of a member of the crew in the interest of the preservation of the public Security and order on board and in connection with the operation of the ship. Paragraph 2 shall apply accordingly. Unofficial table of contents

§ 125 Order of persons and objects

(1) The crew members may not bring on board persons who do not belong to the ship's crew without the permission of the captain. (2) The crew members shall be entitled to appropriate personal goods and consumer goods in an appropriate way. To bring the scope on board, provided that this does not infringe any statutory provisions, affect the order on board, or endanger persons, ships or cargo. The taking of other objects, in particular weapons and ammunition, shall be permitted only with the consent of the master. (3) If objects are brought on board contrary to the provisions of paragraph 2, the master may take them into custody. or in some other way. If the person in question is threatened with the health of the persons on board, the ship or the cargo, or if he or she could arrange for the intervention of a public authority, the master may request the removal of the goods. If the crew member does not follow the request, the master shall be able to arrange for the destruction of the goods. In this case, the fact and the reason for the destruction are to be entered in the diary. Unofficial table of contents

§ 126 crew members treated as persons

Channel steurers on the Kiel Canal and security forces of private security companies authorised under the industrial order are the same as the crew members in respect of this sub-section.

Subsection 2
Right of appeal, complaint procedure

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Section 127 Complaints

(1) The crew member shall have the right to abdicate in violation of this law and the legal regulations issued pursuant to this Act or to deprivation or unfair treatment in the case referred to in § 128 (1), (2) and (4) (2) The shipowner or, on his behalf, the master shall designate at least one person on board the ship, who shall give an impartial advice to the crew member on a confidential basis and in the case of which the ship is to be (3) The crew member may be able to assist in the exercise of the right to appeal. shall, during the appeal proceedings, be accompanied and represented by a person of his confidence on board the ship. The power to be represented by a lawyer remains unaffected. (4) Because of the levying of a complaint, the crew member and the confidants under paragraphs 2 and 3 must not be penalized. (5) Appeal rights (6) The shipowner has in writing, in addition to the handing over of the Heuercontractual Agreement, the crew member in writing on the complaints of the complaint on board. shall be informed. The information shall also include the name of the confidential person referred to in paragraph 2 and the addresses and telephone numbers of the shipowner, the professional cooperative and the body responsible for complaints in the State of residence. The shipowner always has to keep the documents on the current status of the complaint. It may comply with the obligation laid down in the third sentence by referring the crew member to a generally accessible suspension on board. Unofficial table of contents

Section 128 Appeal procedure

(1) The crew member shall first address his/her complaint to the immediate supervisor on board. (2) The crew member shall complain to the immediate supervisor on board and shall assist the crew member within a reasonable period of time. The time limit which, as a rule, should not exceed two weeks, shall not be submitted to the master, at the request of the appellant, at the request of the complainant. The master has to decide on the complaint. If it is a complaint about the conduct of crew members, the captain initially has to try to compensate him. If the master does not help the complaint, he shall forward it to the shipowner at the request of the appellant. (3) The master shall enter the complaint and his decision in the diary of the proceedings in the light of the facts. A copy of the registration is to be handed out to the complainant. (4) Nevertheless, the crew member has the right to be immediately
1.
in the case of the master,
2.
with the shipowner,
3.
in the case of the professional cooperative,
4.
at the German missions abroad,
5.
for other appropriate external bodies
(5) The bodies referred to in paragraph 4 (3) to (5) as well as the persons appointed by it shall keep the source of a complaint confidential pursuant to § 127 (1). (6) A German mission abroad shall have a complaint, it shall: to be forwarded immediately to the professional association. The professional association has to ensure that the shipowner and the master are immediately informed about the subject of the complaint. (7) The professional association has to ensure that complaints from crew members are at any time (8) The professional association can use the cooperation of recognised organisations and other expert persons in the investigation and remedy of complaints. The costs of the inspection shall be borne by the shipowner.

Section 8
Certificates and responsibility of the flag State

Subsection 1
Review of working and living conditions on ships and on land

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Section 129 Scope of the flag State control

(1) The professional association is responsible under this law for the verification of compliance with working and living conditions on board ships under the legislation which is designed to protect against risks to safety and health or for the other protection of the crew members. In particular, the review shall include compliance with the requirements relating to:
1.
minimum age,
2.
Seedienstsuitability,
3.
Crews, crews, crews,
4.
job placement,
5.
Conditions of employment, including working hours and rest periods,
6.
accommodation and leisure facilities,
7.
Catering, including service,
8.
safety and health protection at work, medical and social care,
9.
Order on board and complaint procedure.
The responsibility of the professional association also extends to facts on land, insofar as these have a direct relation to the working and living conditions on board. (2) The professional cooperative is reviewing
1.
ships subject to a certificate, pursuant to § 130, on a regular basis every five years, with an intermediate verification between the second and third years of the duration of the certificate;
2.
non-refusing vessels, as per § 134, regularly every three years;
3.
Fishing vessels within the meaning of Article 133 (1), first sentence, regularly every four years with an interim review after two years; and
4.
Fishing vessels not covered by point 3 shall be obtained, in particular where complaints are received.
(3) The professional association shall, in accordance with the provisions set out below, grant the seafloor certificate, the sea-work declaration of conformity and the fishery certificate.

Subsection 2
Maritime Labour Certificate and Maritime Labour Declaration of Conformity

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Section 130 obligation to carry out a marine work certificate, grant conditions

(1) The shipowner shall be entitled to a ship with a gross tonnage of 500 or greater, the
1.
is used for international journeys, or
2.
carry out a journey from a port or between ports in another country;
and which is not a fishing vessel, only on duty or in service if it has a valid seafloor certificate for the ship and ensures that the ship meets the requirements of the certificate at any time. Without a seafloor certificate, the master shall not be allowed to run out of a port or hold it in voyage with the ship. The seafloor certificate shall be carried on board. (2) The seafloor certificate shall be issued by the Professional Cooperative, if it has been determined by a review of the ship that:
1.
the working and living conditions of the crew members on the ship comply with the requirements of the legislation enacted in order to protect the safety and health of the crew members, or to protect the crew members , and
2.
the measures taken to maintain the requirements of paragraph 1 are sufficient.
By way of derogation from the first sentence, the professional association may, at the request of the shipowner, grant a maritime certificate even if it is demonstrated by an opinion (review report) of a recognised organisation issued by the shipowner, that: the requirements of the sentence 1 are met. Without prejudice to the second sentence, the professional association may at any time reserve the right to grant the maritime certificate only after a review carried out by itself within the meaning of the first sentence of sentence 1. (3) The shipowner shall be entitled to a recognised organisation only to review and draw up the review report if it has concluded a written agreement with the recognised organisation in which at least the authority of the recognised organisation is governed by the fact that the To demand a breach of a breach and to establish a professional association for the (4) To the extent that the shipowner has entrusted a recognised organisation with the review and preparation of the review report, it shall indicate this to the professional association. The recognised organisation shall inform the professional association of an established infringement. (5) The seafloor certificate shall be valid for five years, subject to paragraph 6. It is only possible to redistribute the seafloor certificate under the conditions laid down in the first sentence of paragraph 2. (6) A maritime labour certificate shall cease to apply.
1.
if prescribed interim reviews have not been carried out or certified in due time,
2.
in the case of flag change,
3.
if the responsibility of the shipowner for the operation of the ship ends,
4.
in the case of substantial structural changes in accommodation and leisure facilities,
5.
in the event of his withdrawal or his revocation.
In the cases of the first sentence, the shipowner shall issue the seafloor certificate unsolicly to the professional association for the purpose of drawing up the certificate. (7) The shipowner shall ensure that the seafloor certificate is in each case copy to one of the following: (8) The seafloor certificate shall also be issued at the request of the shipowner for those ships not covered by the first sentence of paragraph 1 and not fishing vessels. (9) Insofar as a , the professional cooperative shall, upon request, provide information on the issued or renewed maritime labour certificates. Unofficial table of contents

Section 131 Preliminary maritime labour certificate, short-term certificate, officially recognised maritime labour certificate

(1) The professional association may, at the request of the shipowner, provisionally grant a seafloor certificate (temporary maritime certificate) if:
1.
a new building is being put into service,
2.
a ship is flying the flag, or
3.
the shipowner shall take responsibility for the operation of a new ship.
(2) The professional cooperative may, at the request of the shipowner, grant a maritime certificate as a short-term certificate, to the extent that:
1.
a check of the ship has been carried out in accordance with Article 130 (2); and
2.
a seafloor certificate immediately before the expiry of its validity is no longer issued in good time pursuant to Article 130 (5) sentence 2 and can be transmitted on board the ship.
(3) The professional association may authorise a shipowner to issue an officially recognised maritime certificate in accordance with the conditions laid down in § 130 (3) of the Treaty. The officially recognised maritime certificate shall be deemed to be
1.
officially approved preliminary maritime certificate; or
2.
Officially recognised short-term event
shall be issued in each case to the position of a provisional Maritime Labour Certificate or a short-term event. The recognised organisation may issue an officially recognised marine certificate only if it considers the conditions for the replacement of a temporary maritime work certificate or a short-term event as being fulfilled. The recognised organisation shall immediately inform the professional association of the issue of an officially recognised maritime certificate as set out in the first sentence of the first sentence and shall send it a copy. (4) The provisional maritime certificate, which shall: Subject to paragraph 5, the short-term event and the officially recognised maritime certificate referred to in paragraph 3 shall apply for a maximum period of six months. (5) For the loss of validity and the confiscation of an officially recognised maritime certificate referred to in paragraph 3. § 130 (6) shall apply accordingly. Unofficial table of contents

Section 132 Seearbeits-Declaration of Conformity

(1) The shipowner shall ensure that a sea-working declaration of conformity is carried out on board his ship within the meaning of Article 130 (1) and that the shipowner ensures that the ship meets the requirements of the declaration at any time. (2) Part The Maritime Declaration of Conformity shall bring into force the provisions of national law which have been adopted in order to protect against risks to safety and health or to the other protection of crew members. In Part II of the Maritime Declaration of Conformity, the shipowner shall draw up the measures he has taken in order to ensure compliance with the requirements on the ship as described in Part I of the Maritime Declaration of Conformity and to: continuous improvement. (3) The professional association grants the shipowner the Seework declaration of conformity if:
1.
the shipowner has forwarded it to Part II of the Seearbeits declaration of conformity; and
2.
the professional association has verified that the measures referred to in the second sentence of paragraph 2, listed by the shipowner in Part II of the Seearbeits declaration of conformity, are capable of satisfying the requirements laid down in the first sentence of paragraph 2; and
3.
a check on board the ship in accordance with Section 130 (2) has shown that the requirements are met.
(4) A maritime-work declaration of conformity loses its validity
1.
in cases where a maritime certificate is invalid in accordance with Article 130 (6), first sentence, points 2 to 5,
2.
if the measures listed by the shipowner in Part II of the Maritime Declaration of Conformity have changed in such a way that the measures are no longer capable of satisfying the requirements laid down in the first sentence of paragraph 2, or
3.
if the actual conditions on board no longer comply with the measures laid down by the shipowner in Part II of the Maritime Declaration of Conformity.
§ 130 (6) sentence 2 shall apply mutah. (5) § 130 (7) and (8) shall apply accordingly.

Subsection 3
Fishery certificate

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Section 133 obligation to carry out a fishing work certificate, grant conditions

(1) The shipowner shall be entitled to a fishing vessel which remains at sea for more than three days, and
1.
whose length is 24 metres or more, or
2.
which is regularly used in more than 200 nautical miles away from the coastline or beyond the outer edge of the continental shelf, if this distance from the coastline is greater,
shall only be in service or in driving if it has a valid fishing certificate for the vehicle. The first sentence of Article 130 (1), the second sentence of paragraph 2, the first sentence of paragraph 1, paragraphs 5 and 7, shall apply accordingly. The professional association shall grant the fishery certificate for a period of up to four years. A redistribution of the fishing certificate is only possible under the conditions laid down in § 130 (2) sentence 1 (1) (1). (2) A fishery certificate shall cease to exist if the conditions of the first sentence of § 130 (6) are applied accordingly. Validity; § 130 (6) sentence 2 shall apply accordingly.

Subsection 4
Vessels not subject to certificate

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Section 134 Ships not subject to the certificate

The shipowner shall not be allowed to place or hold a vessel which is not covered by the first sentence of Article 130 (1) and is not a fishing vessel only if he has been designated at intervals of three years with regard to the provisions of Article 130 (2), first sentence. The requirements of the professional association can be verified. A review report shall be issued on the review. The shipowner shall be responsible for ensuring that the ship is carried on board.

Subsection 5
Recognised organisations

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Section 135 The empowerment of recognised organisations

(1) The professional cooperative may, in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ L 327, 22.12.2009, p. 11, OJ L 131, 28.5.2009, p. 1), as amended, for the purpose of participation in inspections and surveys of ships in connection with the certificates provided for in this Act (2) The authorisation shall be authorised by means of a written agreement between the professional association and the recognised organisation in which the tasks and functions to be performed by the organisation are carried out in the Details are listed. The agreement must include:
1.
the provisions of Annex 2 to the Directives on the appointment of recognised organisations acting in respect of the administration of 4 November 1993 (VkBl. 508), according to the announcement of the Federal Ministry of Transport, Building and Urban Development of 20 May 2009 (VkBl. 354), have been amended,
2.
provisions concerning the financial liability of the recognised organisation,
3.
additional provisions relating to the powers of the professional cooperative under this Act on the regular monitoring of the tasks performed by the recognised organisations for the management,
4.
Provisions for the transmission of essential information relating to the fleet classified by a recognised organisation, as well as to class changes, suspension or withdrawal of the class, only to the extent that personal data are not affected.
(3) The recognised organisation must have a local establishment in the territory of the Federal Republic of Germany. A recognised organisation which does not have its registered office in a Member State of the European Union may be authorized only if the host Member State has recognised organisations which have its registered office in a Member State of the European Union, on the Basis of reciprocity. In addition, an agreement on authorisation may only be concluded if the recognised organisation proves that it meets the following conditions:
1.
employs a sufficient number of qualified inspectors,
2.
Possess expertise and knowledge of the requirements and individual aspects of the Maritime Labour Convention and the relevant provisions,
3.
has a system for the training and further training of staff;
4.
the size, structure, experience and ability to effectively carry out the tasks referred to in paragraph 1.
(4) The professional association has to terminate an agreement in accordance with paragraph 2 if the European Commission has withdrawn recognition pursuant to Article 7 of Regulation (EC) No 391/2009 of a recognised organisation. The termination shall be effective on the date on which the withdrawal by the European Commission takes effect. The possibility of dismissal in accordance with the general rules remains unaffected. (5) The professional association gives the recognised organisations which it has authorized pursuant to paragraph 1 or whose authorisation is terminated by termination of the agreement, in the Federal Gazette and in the news on its website.

Subsection 6
Legal Regulations

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Section 136 Legal Regulations

(1) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Labour and Social Affairs, by legal regulation without the consent of the Federal Council provisions on
1.
the detailed design of the checks and surveillance carried out in accordance with this section, the conditions, the subject-matter and the conduct of the verifications, and the requirements for the persons entrusted with carrying out the verifications, including where: persons of recognised organisations are concerned,
2.
details of the exhibition and its conditions, the validity and duration of validity, the form and the cancellation and withdrawal of the Maritime Labour Certificate, the provisional Maritime Labour Certificate, the short-term event, the the maritime-work-declaration of conformity and the inspection reports and officially recognised maritime work certificates and the fishery work certificate, to be issued by the recognised organisation, as well as the inspection thereof,
3.
the rights and obligations of the recognised organisations, including the details of the agreement with the shipowner,
4.
records and documents, including where they are to be carried on board or to be handed out,
5.
conditions under which a maritime certificate or a maritime declaration of conformity or a fishery certificate is not required in whole or in part,
(2) The Federal Ministry of Transport, Building and Urban Development is also authorized to adopt provisions by means of a legal regulation without the consent of the Federal Council.
1.
the details of the conditions for the authorisation of a recognised organisation in accordance with § 135,
2.
the rights and obligations of the recognised organisations, including details of the agreement, and the requirements for the persons responsible for carrying out verifications,
3.
the detailed monitoring and verifications, the conditions, the subject-matter and the conduct of the verifications;
4.
Records and documents, including those on board, and record keeping
as well as the procedure in question.

Section 9
Requirements for ships of foreign flag and responsibility of the port State

Subsection 1
Requirements for ships flying the flag of foreign countries

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Section 137 Requirements for shipowners of a ship under foreign flag

The shipowner and the master of a ship flying the foreign flag shall each have to ensure that the working and living conditions of the crew members on board meet the requirements of the articles and the rules in connection with Part A of the Code of the (2) A valid maritime certificate may be submitted for a ship flying a foreign flag, the requirements referred to in paragraph 1 shall be deemed to have been fulfilled, provided that there is no reason to believe in the individual case, that the ship does not meet the requirements.

Footnote

(+ + + § 137: For application, see § 154 para. 1 iVm Bek v. 21.5.2014 (SeeArbG § 154AnwBek) I 605 mWv 16.8.2014 + + +) (+ + + Official note of the norm-provider on EC law: implementation of the EGRL 38/2004 (CELEX Nr: 304L0082) cf. Bek v. 21.5.2014 I 605 + + +)

Subsection 2
Port State Control

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Section 138 Review of ships under foreign flags

(1) The verification of compliance with the requirements referred to in Article 137 (1) on ships flying a foreign flag (port State control within the meaning of Directive 2009 /16/EC of the European Parliament and of the Council of 23 April 2009 on the Port State control (recast version) (OJ C 327, 57)) is the responsibility of the professional association. (2) The frequency and selection of a vessel to be inspected shall be based on the risk profile of the vessel to be inspected, the risk profile referred to in Articles 10 to 14 in conjunction with Annexes I and II to the Directive 2009 /16/EC. (3) The professional association and the persons employed by it shall first verify that the requirements referred to in Article 137 (1) are complied with by examining the seafarers ' certificate to be submitted by the master. and the Maritime Labour Declaration of Conformity. If the professional association or the person appointed by it determines that:
1.
a ship flying a foreign flag does not have a maritime certificate and a maritime declaration of conformity, or one or both documents are invalid or falsified,
2.
there is reason to believe that the working and living conditions on the ship do not meet the requirements of Section 137 (1),
3.
there is reason to believe that the ship has changed the flag in order to avoid compliance with the requirements of Section 137 (1), or
4.
there is a complaint pursuant to section 139, according to which specific working and living conditions on the ship do not meet the requirements of the Maritime Labour Convention,
it may carry out a more detailed examination beyond the examination of the marine work certificate in order to obtain information on the working and living conditions on board the ship. Such a review shall be carried out, in particular, where there is a risk to the safety of the ship or the crew or to the health or protection of the safety of the ship or of the crew or of the lack of working and living conditions. of the crew members, or if there is reason to believe that the infringement is a serious breach of the requirements referred to in § 137 (1). (4) If a review is to be carried out by the professional association, Breach of compliance with the requirements referred to in Article 137 (1) , it shall immediately inform the master thereof. It may request the removal of the infringement and set a reasonable period of time for it. (5) If the professional association considers that it is serious or is based on a complaint, it shall, in addition to paragraph 4, have the associations of shipowners and of the seafarers of the port State. It may notify a representative of the flag State and inform the competent authorities of the next port of call accordingly. (6) To the extent that an order pursuant to Section 143 (3) is issued, the Professional Cooperative has a representative of the (7) In addition, § 143 shall apply to the conduct of the inspection.

Footnote

(+ + + § 138: For application, see § 154 para. 1 iVm Bek v. 21.5.2014 (SeeArbG § 154AnwBek) I 605 mWv 16.8.2014 + + +) (+ + + Official note of the norm-provider on EC law: implementation of the EGRL 38/2004 (CELEX Nr: 304L0082) cf. Bek v. 21.5.2014 I 605 + + +)

Subsection 3
Crew members on ships flying foreign flag

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Section 139 complaints on ships flying the flag of foreign countries

(1) The crew member on a foreign-flagged vessel running a domestic port or sailing the North-Baltic Sea Canal shall have the right to comply with the Maritime Labour Convention at the Professional Cooperative State (2) The complaint is to be treated confidentially. The master, shipowner and any person named in the complaint shall be immediately given the opportunity to express their views within a reasonable period of time. (3) If the vessel is flying a foreign flag, a complaint is to be made, the Professional association the complainant primarily refers to this, insofar as the subject of appeal or legitimate concerns of the appellant, in particular the fear of retaliatory measures, does not preclude. (4) The professional cooperative in the case of complaints referred to in paragraph 1, in particular where all Crew members on the ship shall carry out a review within the meaning of § 138 (3) sentence 2. (5) The measures referred to in paragraphs 3 and 4 shall not lead to a settlement of the complaint, the professional cooperative shall immediately notify the flag State, and invites the flag State to submit without delay a plan of remedial action. It may depart from further treatment of the complaint if the flag State has a complaint procedure which complies with the requirements of Rule 5.1.5 of the Maritime Labour Convention, presents an appropriate action plan and the treatment (6) If the measures referred to in paragraph 5 do not lead to a settlement of the complaint, the professional association shall inform the shipowners 'and seafarers' associations responsible for the port, and shall transmit to the Director-General of the International Labour Office a copy of its report. An answer given by the flag State within the prescribed time limit shall be attached to the report.

Footnote

(+ + + § 139: For application, see § 154 para. 1 iVm Bek v. 21.5.2014 (SeeArbG § 154AnwBek) I 605 mWv 16.8.2014 + + +) (+ + + Official note of the norm-provider on EC law: implementation of the EGRL 38/2004 (CELEX Nr: 304L0082) cf. Bek v. 21.5.2014 I 605 + + +) Unofficial table of contents

Section 140 Home-building of crew members on ships under foreign flag

If the home-creation of a crew member on a foreign-flagged vessel has been delayed, which has been left in the country, the professional association shall immediately inform the consular representative of the flag State and of the The nationality state or the country of residence of the crew member. If the professional association provides for the home creation, it has to claim the costs incurred by the flag state. Instead of claiming the right under sentence 2, it may, in accordance with the International Convention of 10 May 1952 for the Unification of Rules relating to the Arrest in Seeschiffe (BGBl. 655) vessels of the shipowner, until the costs incurred have been reimbursed by the shipowner.

Footnote

(+ + + § 140: For application, see § 154 para. 1 iVm Bek v. 21.5.2014 (SeeArbG § 154AnwBek) I 605 mWv 16.8.2014 + + +) (+ + + Official note of the norm-provider on EC law: implementation of the EGRL 38/2004 (CELEX Nr: 304L0082) cf. Bek v. 21.5.2014 I 605 + + +) Unofficial table of contents

Section 141 Medical assistance of crew members on ships flying foreign flag

If a member of the crew is in need of an injured or injured crew on a foreign-flagged vessel running a domestic port or sailing the North-Baltic Sea Canal, the immediate medical care has been taken by the professional cooperative, without prejudice to foreign law provisions, to ensure unimpeded access of the crew member to the medical facilities on land.

Footnote

(+ + + § 141: For application cf. § 154 para. 1 iVm Bek v. 21.5.2014 (SeeArbG § 154AnwBek) I 605 mWv 16.8.2014 + + +) (+ + + Official note of the norm-provider on EC law: implementation of the EGRL 38/2004 (CELEX Nr: 304L0082) cf. Bek v. 21.5.2014 I 605 + + +)

Section 10
Enforcement of working and living conditions

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Section 142 responsibilities

(1) In addition to the responsibilities under sections 129 and 138, the professional association is responsible for the supervision of social institutions. (2) The responsibilities of other bodies with regard to vocational training on board as well as the exhibition of Certificates and certificates of competence shall remain unaffected. Unofficial table of contents

Section 143 Powers Of Intervention of the Professional Cooperative

(1) For the purpose of monitoring compliance with working and living conditions in the framework of flag State control and port State control, the professional cooperative and the persons employed by it shall be empowered to:
1.
ships referred to in Article 1 (1), first sentence, and ships flying the flag of foreign countries;
2.
Facts on land where they are directly related to working and living conditions on board; and
3.
recognised organisations
and the necessary arrangements and measures to be taken in relation to the persons required under this Act, in particular to shipowners, crew members, seafarers, intermediaries, approved doctors and recognised organisations, to in order to establish a reasonable suspicion of a breach or a breach of a breach, or to prevent any future infringement, in particular in the cases referred to in Article 129 (1) or Article 137 (1) thereof, are required. For these purposes, the professional cooperative and the persons employed by it may, in particular:
1.
go unannounced during normal business and operating hours on board a ship or ship under foreign flag, as well as business, service and treatment rooms of shipowners, intermediaries, approved doctors and recognised enter organizations,
2.
on the prevention of urgent threats to public security and public order
a)
the premises on board a ship or a ship under foreign flag also outside the periods specified therein;
b)
Living spaces on board a ship or a ship under foreign flag
; the fundamental right of inviolability of the dwelling (Article 13 of the Basic Law) is restricted to this extent,
3.
enter at any time the port facilities, with the exception of the premises located there,
4.
carry out all the necessary tests and findings in cooperation with the shipowner or its agents on board, as well as with intermediaries, approved doctors and recognised organisations,
5.
Inspect all books, in particular seta-books, registers, certificates, proof of work, certificates of competence, and other documents, other than medical records,
6.
require all information necessary for the fulfilment of the purposes set out in the first sentence.
The persons responsible under this Act, in particular shipowners, crew members, seafarers, intermediaries, approved doctors and recognised organisations, shall be obliged to take the measures referred to in the second sentence of the second sentence to the persons responsible for monitoring the and to allow the measures to be taken, to provide the workers and tools needed for control, and to provide, on request, the necessary information, to submit documents or extracts from electronic files (2) The person referred to in point 6 of the second sentence of paragraph 1 in connection with Paragraph 1, sentence 3, may refuse to provide information on such matters, the answer to which shall be the answer to him or any of the members of the risk judicial system referred to in paragraph 383 (1) (1) to (3) of the Code of Civil Procedure. (3) If a review finds that a ship under the first sentence of § 1 (1) or a ship under foreign flag does not comply with the requirements of § 129 (1) or Article 137 (1), and
1.
the working and living conditions on board pose a threat to the safety, health or protection of the crew members; or
2.
the non-performance constitutes a serious or repeated infringement of the requirements of Section 129 (1) or § 137 (1),
the professional association may prohibit the vessel concerned from leaving or passing on until the necessary measures have been taken or the infringement has been remedied. (4) The professional cooperative has a certificate issued by a mediator in accordance with Article 26 (1), first sentence, or a maritime certificate in accordance with § 130 (1) or 131 (1) and (2)
1.
, if it becomes known that the certificate or certificate should have been failed,
2.
, if the conditions for grant are subsequently eliminated;
whereas, moreover, the provisions relating to the withdrawal and revocation of administrative acts shall remain unaffected; The professional association may, in the appropriate application of the first sentence, declare invalidated an officially recognised maritime certificate in accordance with § 131 (3) and an already issued Seearbeits declaration of conformity. (5) The professional cooperative has to collect a document raised or declared invalid in accordance with paragraph 4. The shipowner or the retailer shall issue a certificate of the professional association which has been drawn up by the professional cooperative. In the event of the invalidity of the decision to cancel or invalidity, the document shall be destroyed. (6) The appeal and the action taken against orders of the professional cooperative pursuant to paragraphs 1, 3 to 5 shall not have any effect. (7) In the performance of their duties pursuant to this Act, the Professional Cooperative Society considers facts which give rise to the assumption that the facts of other statutory provisions are fulfilled, which fall within the competence of the profession. by another authority, the professional cooperative shall, in accordance with the conditions laid down in Sentence 2 shall forthwith the authority responsible for investigations in accordance with the other statutory provisions. Indicate the facts and the name, address and telecommunications link of the person concerned, in so far as the information provided by the professional association is available and, in the light of its assessment, is necessary for the investigation of the other authority.

Footnote

(+ + + § 143: For application, see Section 154 (1) + + +) Unofficial table of contents

Section 144 Technical supervision of the professional association

(1) In carrying out the tasks referred to in sections 1, 2 subsections 1 and 4, sections 3, 5 subsection 1, section 6 subsections 1, 2, 4 and 5 and sections 7, 11 and 12, the professional association of professional supervisors shall be subject to the following conditions: of the Federal Ministry of Labour and Social Affairs. (2) In carrying out the tasks referred to in Section 2 subsections 2 and 3, sections 4, 5 subsection 2, section 6 subsection 3 and sections 8, 9 and 10, the Professional cooperatives of the supervision of the Federal Ministry of Transport, Building and Urban Development.

Section 11
Criminal and penal rules

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Section 145 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
the person referred to in paragraph 10 (1) shall be employed or allowed to work;
2.
Article 12 (1), second sentence, of a crew member without a valid Seedienstance certificate,
3.
, contrary to the first sentence of Article 22 (3) or the first sentence of Article 33 (5), a list of crews, a diary or a copy of the certificate of service shall not be kept for at least five years,
4.
Communicate a person without a certificate pursuant to section 26 (3),
5.
Contrary to § 34 sentence 2, the crew member does not grant a permit to the crew member,
6.
Contrary to § 48 (1), even in connection with a regulation pursuant to section 55, sentence 1, point 3, it is not ensured that the working hours and rest periods referred to therein are complied with,
7.
contrary to § 50 (1) sentence 1 or paragraph 2, in connection with a legal regulation pursuant to § 55 sentence 1 (1), the list referred to therein or a proof of working time, does not result in the correct or inexhaustiable form of the regulation,
8.
Contrary to § 58 (2), a young crew member does not leave a holiday,
9.
, contrary to Article 72 (1), first sentence, a member of the crew is left abroad,
10.
Contrary to § 94 sentence 1, the crew member does not grant access to a communication facility referred to therein,
11.
Contrary to § 95 sentence 1, point 1, a boarding visit is not permitted,
12.
Contrary to Article 106 (1), first sentence, there shall be no transfer or transfer of a matter referred to in the first sentence of this paragraph, or a
13.
Contrary to Article 106 (2), first sentence, it does not make it possible to draw up a list referred to therein,
14.
, contrary to Article 109 (3), third sentence, the proof referred to in paragraph 3 above does not, either correctly or incompletely, or not, or not, or not at least five years
15.
Contrary to § 117 (5), a training referred to there is not carried out or is not carried out in good time or is not repeated in time,
16.
a fully-retractable arrangement according to
a)
§ 117 (8) sentence 2 or § 143 (1) sentence 1 in conjunction with § 117 (2) sentence 1 or
b)
Section 124 (1) sentence 2
shall be contrary to
17.
contrary to § 121 (6), registration in the diary is not carried out, is not correct, is not carried out in full or in time, or
18.
a legal regulation pursuant to Article 20 (1), first sentence, points 1, 2, 4, 5 or 6, § 55 sentence 1, point 2, § 96 sentence 1 or section 113 (1), first sentence, points 2, 3, 4, 5 or point 6 or paragraph 2, or a fully-drawable arrangement on the basis of such a regulation In so far as the legal regulation refers to this fine, the legal regulation refers to a certain amount of the offence.
(2) The provisions of paragraphs 1 to 3, 6, 8, 15, 16 (a) and 18 shall also apply to another employer, the provisions of points 5 to 15, 16 (a) and 18 of paragraph 1 shall also apply to the deputy of the master in the (3) The administrative offence may, in the cases referred to in points 1, 2, 6, 9 and 16 of paragraph 1, with a fine of up to fifty thousand, in the cases referred to in points 4, 4, 7, 8, 12, 15 and 17 of paragraph 1, with a fine of up to ten thousand and in the cases referred to in paragraph 1, point 4, point 4, 7, 8, 12, 15 and 17. the other cases are punishable by a fine of up to five thousand euros. (4) Administrative authority in the sense of the Section 36 (1) (1) of the Code of Administrative Offences is the professional cooperative. Unofficial table of contents

Section 146 Criminal law

(1) A custodial sentence of up to five years or a fine shall be punishable by a deliberate act referred to in § 145 (1) (16) (b)
1.
with other crew members, or
2.
, and thereby endanger the life or health of another or a foreign matter of significant value.
(2) With imprisonment of up to three years or a fine shall be punished who in the cases referred to in paragraph 1 (2) causes the danger negligently. (3) With imprisonment of up to one year or a fine shall be punished, who
1.
a deliberate act, referred to in Article 145 (1) (1), (2), (6), (9) or (16), also in conjunction with Article 145 (2), repeats its persistent act;
2.
a deliberate act referred to in Article 145 (1) (1), (2), (6), (9) or (16) (a), also in conjunction with Article 145 (2), and thereby endangles the person concerned in his or her health or work force; or
3.
a deliberate act referred to in Article 145 (1) (16) (b), thereby jeopardising the person concerned in his/her labour force.
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Section 147 Legal Remedies

(1) The time limit for the opposition to the fine shall be deemed to be maintained if the concerned member of the crew concerned submits the notice of opposition in writing or in writing to the master within the time limit. The master shall immediately enter the date of consideration in the diary and shall issue a certificate to the crew member concerned. If the master himself lays down the opposition, the duties referred to in sentences 1 and 2 shall be assigned to his deputy (Section 5 (3)). The minutes or the written opposition shall be immediately to the authority which issued the notice of censure (2) The provisions of paragraph 1 shall apply mutaly to the application of the appeal.

Section 12
Final provisions

Subsection 1
Application to self-employed persons

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Section 148 Self-employed

(1) In the case of self-employed persons, Section 3 of the Conditions of Employment of Section 28 (1) sentence 1 shall apply with the proviso that the contract shall be replaced by the shipowner instead of the Heuercontractual Agreement. The second sentence of Article 28 (1), the second sentence of paragraph 2, points 1 to 5, 7, 9, 10, 12 and 13, paragraph 3 (1) and (2) and Article 29 (1), third and fourth sentences, shall apply in accordance with the same conditions. (2) For the self-employed persons
1.
in Section 3 on the Conditions of Employment
a)
in subsection 1, the provisions of Section 28 (2) (6), (8), (11), (3) (3), (4), (5) and (6), second sentence, (2) and (3), and Articles 31 to 33, on the HeuerContract, the cost of travel, the obligation to provide services and the Certificate of service,
b)
the provisions of Subsection 3 on the Heuer,
c)
in subsection 4, the provisions of § 42 (1), (2), (4) and (5), § § 43, 44 and 45 (1) and (2), § § 46, 47 (3) sentence 3, paragraph 4, § 48 (1) (1) and (2), § § 49, 51, 52, 54 on working hours and rest periods, as well as the remuneration arrangements in § 53 (1) and (7) in conjunction with § 52,
d)
the provisions of subsection 5 on leave, unless the persons are to be regarded as persons-like persons on account of their economic independence,
e)
the provisions of subsection 6 on the termination of the hatchment;
f)
in subsection 7, the provision of the fourth sentence of Article 76 (1) and (5) on the payment of heuer in the case of home-creation and the reimbursement of the cost of home-creation,
2.
in Section 6 on medical and social care, the provisions of Sections 104 and 105 (2), second sentence, on the payment of the Heuer or of a reasonable daily allowance in the event of illness, as well as the second sentence of § 117 (4), sentence 2 on the application of the Labour protection law
shall not apply. To the extent that, in accordance with § § 49 and 54, provisions concerning working hours and rest periods are contractually agreed, these may be applied in a self-employed manner. (3) Insofar as the self-employed are entitled under this Act to the duration (§ 93 (1) sentence 1, § 97 (1) sentence 1, § 99 (1) sentence 1) or the end (section 73 (2)) of the hadage relationship shall be applied, the provisions shall be applied on the basis that the duration of the (4) The shipowner shall have the right to pay for the costs of the Home-creation, accommodation and meals for the duration of the stay on board, which he has interpreted, to be reimbursed on the basis of a contractual agreement with the self-employed.

Subsection 2
Fees, availability and announcements of legislation

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§ 149 Fees

(1) For official acts, including detainments, examinations, verifications, investigations, evaluations and audits (official acts) pursuant to this Act or pursuant to legal ordinances pursuant to this Act, the Professional Cooperative Society shall collect Fees and expenses. (2) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Labour and Social Affairs, to pay the fees for each of the individual to determine the acts referred to in paragraph 1, and in so doing, to determine fixed rates or to provide framework rates. The rates shall be calculated in such a way as to cover the personnel and material costs associated with the acts; in the case of beneficiary acts, it may also be of importance, of economic value or of any other benefit to the the debtor shall be duly taken into account. In legal regulations according to the first sentence, fees may also be fixed in accordance with § 4 of the Administrative Costment Act as fees (time charges) provided for fixed hourly rates. (3) For official acts in the sense of the Paragraph 1 shall not be charged to the German Society for the Rescue of Shipwrewers. Unofficial table of contents

§ 150 Provision of laws and legal regulations

The legal regulations issued in accordance with the provisions of § § 20, 55, 92, 96, 113 and 136 of this Act and the Law on Administrative Offences shall provide the shipowner on board with the crew members. Provision shall be made by means of a suspension or design at a suitable location or by means of an adjustment to an electronic information system which is accessible to the crew members. Unofficial table of contents

Section 151 Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced.

Subsection 3
Transitional arrangements

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Section 152 Transitional arrangements for ships with surveying in gross registered tonnage

For ships which, before 18 July 1994, shall be subject to the Convention of 10 June 1947 on a single system of ship surveying (BGBl. In 1957 II p. 1469, 1471; 1958 II p. 67), the gross tonnage in gross registered tonnage as gross tonnage applies to the gross tonnage in the "Remarks" column in the International Ship's Letter (1969). Unofficial table of contents

Section 153 Transitional arrangements for approved doctors

Doctors who are responsible for carrying out the examination of the fitness for the sea on 1 August 2013 shall be deemed to be admitted provisionally in accordance with Section 16 (1). The provisional authorisation shall be issued,
1.
if not up to 1. October 2013, the granting of the authorisation is requested, or
2.
in the case of a timely application, the decision on the application shall be indisputable.
In the legal regulation pursuant to Article 20 (1), first sentence, point 4, it is possible for doctors within the meaning of the sentence 1 to provide for the facilitation of the proof of the conditions for the authorisation. Unofficial table of contents

Section 154 Application of the rules on port State control

(1) § 1 (3), § § 137 to 141 and § 143, insofar as it relates to § § 137 to 138, shall be applied only from the date on which the Maritime Labour Convention for the Federal Republic of Germany enters into force. (2) The Federal Ministry of Labour and Social affairs shall be published in the Federal Law Gazans in the day referred to in paragraph 1.

Footnote

(+ + + § 154 para. 2: For the turn-off see: Bek. v. 21.5.2014 (SeeArbG § 154AnwBek) I 605 mWv 16.08.2014 + + +)