Rules On Work Placements Of Persons On Board Ships

Original Language Title: Noteikumi par personu iekārtošanu darbā uz kuģiem

Read the untranslated law here: https://www.vestnesis.lv/ta/id/168380

Cabinet of Ministers Regulations No. 874, Riga 2007 December 18 (Mon. No 70 26. §) rules on work placements of persons on board vessels Issued in accordance with the maritime administration and the Maritime Security Act, article 24 of the fifth and sixth part i. General questions 1. determines the order in which the operators that devices work on board persons (hereinafter operator), issue and revoke the special permission (license) a person fitting work on vessels, and merchant's rights, duties and responsibilities, as well as mechanisms for monitoring compliance. 2. The merchant is entitled to provide job placement services for persons working on the premises of vessels-consulting job placement, infor mēšan about job vacancies, work placements or other employment-enhancing services (hereinafter referred to as the job placement service)-if it has received a special permit (license) (annex 1). 3. Special permit (licence) issued by the Ministry of transport for an indeterminate period of time. 4. public joint stock company "Latvian maritime administration" seafarers ' register (hereinafter register of Seafarers) at the request of the Ministry of transport test, or business person who wants to receive a special permission (licence), meeting the requirements of this regulation, to initiate a job placement service, and merchant activities assessment (annex 2) in duplicate. One copy shall be submitted to the Ministry of transport, the second issued by the merchant. 5. register of Seafarers by monitoring merchant is complying with requirements of this Regulation shall be examined once a year within the merchant the place and prepare an assessment of the activities of economic operators (annex 3) in duplicate, as well as requests and process the data associated with the job placement services and individuals working on ships. One merchant in the performance evaluation shall be issued by the operator, the second copy shall remain in the register of Seafarers. 6. If the trader's performance evaluation has found discrepancies, a merchant seamen's registry prevented them within the prescribed period. Register of seafarers will recalculate the merchant transactions. 7. the register of seafarers shall be entitled to the provisions in paragraphs 5 and 6, in order to make the activities of economic operators the additional assessment, if it is acquired or received from State, local, or foreign competent authority as well as individuals information about possible breaches of the laws relating to seafarers ' employment services. 8. The operator's activities and the activities of economic operators the assessment assessment is a paid service. This service charges determined in accordance with the maritime administration and the Maritime Security Act. the second subparagraph of article 6. 9. The operator's evaluation and start-up activities assessment of economic operators in the month following the date of its entry into force may be challenged in the administrative process law, submitting the application state joint stock company "Latvian maritime administration". State joint stock company "Latvian maritime administration decision in one month can appeal to the Court of Justice of the administrative procedure law. II. special permission (license) to receive the necessary documents to get the 10 special permission (license), the Merchant shall provide the Ministry of transport in the submission (annex 4). The application shall be accompanied by the following documents in the language of the country: 10.1. commercial copies of the certificate of registration issued;
10.2. Data issued by the State inspection of the personal data processing system, a copy of the registration certificate;
10.3. the documentary proof that the economic operator has at least one employee with a master or officer professional qualifications;
10.4. a copy of the document certifying that the applicant is entitled to represent the economic operator;
10.5. the merchant stamp samples (two copies) and the employee's signature model (two copies), who is authorized to sign on behalf of the economic operator with job placement services related documents. 11. By submitting a copy of the document presented to the originals. The merchant is responsible for the accuracy of the information provided. 12. The operator shall submit the documents of the special permission (license), declares in writing that it has administered the State revenue service tax debt. III. consideration of documents and special permits (licences) to receive 13. If the submissions referred to in paragraph 10 of these regulations, the following information is incomplete or inaccurate, the Ministry of transport or the register of seafarers requires merchant within 10 working days of submitting additional information or to clarify the information submitted. 14. Ministry of transportation special permit (license) shall not be issued if: 14.1 the merchant has not submitted according to the requirements of this regulation documents;
14.2. the merchant traffic in the Ministry or in the register of Seafarers supplied incorrect or misleading messages. In this case, the application of the special permission (license) for repeatedly may be submitted not earlier than one year after the decision on the refusal to issue a special permit (license);
14.3. the operator's activities have been identified during the evaluation. 15. If the decision on the refusal to issue a special permit (licence), the operator sends a written notice. The notification shall state the reason for the refusal, and also indicates that the merchant is entitled after the reasons for the refusal are avoided, re-submit the documents special permission (license) to receive the order. 16. The special permit (licence) issued repeatedly, if changed the merchant company or registered office. If a special permit (licence) issued by the merchant to the previously issued a special permit (license) served in the Ministry of transport. 17. special permission (license) a duplicate shall be issued if it is lost, damaged or become invalid. The Ministry of transport after being informed of the special permission (license) to recognize the loss of the specific permission of the lost (license) void. Receive a special permission (license), the Merchant shall duplicate spoiled or invalid special permission (license) in the Ministry of transport. 18. special permit (license) for the documents presented, as well as the monitoring of compliance with these rules related documents stored in a register of Seafarers. 19. Notice of the merchants, who cancelled a special permit (license), the Ministry of transport shall publish in a newspaper "journal". 20. the list of Operators who have been granted a special permit (license) is available at the public joint stock company "Latvian maritime administration" website on the internet (URwww.jurasadministracija.lv). IV. rights and obligations of economic operators 21. Merchant shall have the following responsibilities: to know and observe 21.1 rules of international law and binding national legislation relating to education, certification and work in the maritime sector;
21.2. keep work arranged personal database to store the professional qualification, education and health compliance with supporting documents and a copy of the contract of employment, as well as information about the person's work on vessels;
21.3. getting used to work on the professional qualifications of the persons supporting the authenticity of documents and equipment to ships only persons whose qualifications comply with the requirements of the law on the certification;
21.4. to inform the seafarers ' register of documents, which found signs of fraud;
13.4. to ensure that employment contracts concluded and conditions comply with the binding regulations on seafarers ' certification requirements and labour relations or a collective agreement;
21.6. to provide people the right conditions to be able to get acquainted with the work of the Treaty and its provisions before and after it was signed, as well as to provide the people with one copy of the contract and informed of their rights and obligations under the employment contract and conditions;
21.7. to register and investigate complaints about work or home conditions and respond to them;
21.8. job placement service in company advertising, registration number and registered office, as well as special permission (license) the registration number;
13.6. to ensure that the employment service activities, at least one employee of ING with the master of the ship or ship's officer professional qualifications;
21.10. until the next quarter the first 15th date of the month to submit a report of the register of seafarers 1978 International Convention on standards of training, certification and Watchkeeping for seafarers and Watchkeeping provisions of annex I/14 requirements, providing job placement services in the previous quarter;
21.11. prior to job placement service to inform individuals about their possible expenses;
21.12. within 10 working days written notice to the register of Seafarers of the changes in the application or other documents in specified messages and submit documents proving the changes, as well as writing, if merchant ceases employment services;

21.13.20 working days after the person out of work undertaken on board ships to submit the register of Seafarers, the documentary proof that the owner has appointed a merchant crew being assembled or personal equipment for work on its ships. This amount must match the authority of international law, the Republic of Latvia and the flag State law requirements on the job placement services. This requirement does not apply to the owner of the ship, which independently deal with work placements of persons on board;
21.14. within three working days of written notice to the Ministry of transport, where the special permit (license) lost, damaged, or become invalid;
21.15. at the request of the register of seafarers to provide information on job placement services. 22. The operator has the right to request and receive information from the register of seafarers for the recognition of professional qualifications issued the certificate of authenticity. V. special permission (license) cancellation 23. Traffic Ministry cancelled the special permission (license) if: 23.1. Merchant performance evaluation twice in a row is found in non-compliance;
23.2. the merchant special permission (license) shall be given a false or misleading news;
23.3. the merchant seamen's registry provided by false or misleading messages about the employment of seafarers;
23.4. the operator does not observe the rules of international law or the laws of the Republic of Latvia to the requirements of the maritime area;
14.6. the merchant is not removed by special permission (license) within 30 working days after the decision of its issue;
14.7. the merchant in the last 12 months have not kept people working on ships. 24. The Ministry of transport on special permission (license) shall notify the operator in writing of the cancellation. 25. The Ministry of transport's decision may appeal to the Court of Justice of the administrative procedure law. 26. The merchant is entitled to resubmit the documents special permissions (licenses) for general order no sooner than one year after the adoption of the decision of the special permission (license). 27. If the job placement services is terminated or a special permit (license) void, a trader within three working days by special permission (license) in the Ministry of transport. Vi. Closing questions 28. Be declared unenforceable in the Cabinet of 26 April 2005, Regulation No 278 "rules on work placements of persons on ships" (Latvian journal, 2005, nr. 77; 2006, no. 140). 29. special permission (license) issued to the date of entry into force of the provisions, they are valid until the expiry date. 30. the merchant who organized the work of the persons on board, on the basis of the provisions referred to in paragraph 29 of the special permission (license), and wants to continue job placement services to existing special permission (license) the end of the period of validity shall be submitted in three Minis application traffic a new special permit (license). Prime Minister a. Halloween traffic Minister a. shlesers annex 1 Cabinet 2007 December 18, Regulation No 874 special permission (license) a person fitting work on vessels traffic Minister a. shlesers annex 2 Cabinet 2007 December 18, Regulation No 874 traffic Minister a. shlesers annex 3 of the Cabinet of Ministers of 18 December 2007 the Regulation No 874 traffic Minister a. shlesers annex 4 of the Cabinet of Ministers of 18 December 2007 the Regulation No 874 Sample Application special permission (license) to receive traffic Minister a. shlesers