Rules On Work Placements Of Persons On Board Ships

Original Language Title: Noteikumi par personu iekārtošanu darbā uz kuģiem

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/108273

Cabinet of Ministers Regulations No. 278 in 2005 Riga April 26 (Mon. No 23. § 3) 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 merchant ships the equipment on behalf of the owner of the personal work on ships, shall be issued, and revoke the re-registered at the special permission (license) a person for the premises for work on ships (hereinafter special permit (license)), and vessel owners and operators the right to the duties and responsibilities, those placing personal work on ships, as well as mechanisms for monitoring compliance.
2. The merchant is entitled to provide job placement services for job placement of persons on board, consulting employment matters, information about job vacancies, work placements or other employment-enhancing services (employment service), if it has received a special permit (license) (annex 1).
3. special permission (license) the validity period of one year from the date of the decision on issuing or renewal.
4. public joint stock company "Latvian maritime administration" (hereinafter referred to as the Latvian maritime administration) by monitoring merchant is complying with requirements of this regulation, at least once a year check the merchant site and it prepares an assessment of the activities of economic operators (annex 2), as well as requests and data processing issues connected with the person of job placements to ships and people to work on ships.
5. the maritime administration at the request of the Ministry of transport test, or business person who wants to receive a special permission (licence) (hereinafter the applicant), meeting the requirements of this regulation, to initiate a job placement service, and merchant activities assessment (annex 3).
6. Latvian maritime administration 4 and 5 of these regulations. the evaluation referred to in paragraph 1 shall be submitted to the Ministry of transport.
7. If the applicant does not submit the documents special permission (license) for the renewal period specified in these provisions, but the year of the special permission (license) expiration date yet again to get the special permission (license) in General, the Latvian maritime administration shall verify the merchant and submitted to the assessment of the Ministry of transport in accordance with the provisions of paragraph 4.
II. special permission (license) to receive necessary documents 8. The applicant shall submit the following documents in the Ministry of transport: special application 8.1 permission (license) (annex 4). The application indicates the applicant's name, legal address, phone number, the vessel owner or operator for which intended to provide job placement services;
8.2. Business Register issued a copy of the registration certificate;
8.3. data supplied by the State inspection of the personal data processing system, a copy of the registration certificate;
8.4. the documentary evidence that the applicant has at least one employee with a master or officer professional qualifications;
8.5. a copy of the document certifying that the applicant has the right to be represented by the applicant;
8.6. the stamp of the applicant the sample in duplicate and the signature of the employee sample in duplicate, who is authorized to sign on behalf of the economic operator with the job placement service of the related documents.
9. If the merchant who received special permission (license) (hereinafter licensee), wants a special permission to reregister (license), it not later than 20 working days prior to its previous expiration date in the Ministry of transport submitted the following documents: application specific 9.1 permission (license) for renewal (annex 4). The application shall indicate the name of the beneficiary of the license, legal address, phone number, the vessel owner or operator for which is provided in the job placement services;
9.2. the documentary proof that the owner is authorized by licensee to collect crew or equipment to persons for work on its ships. This amount must match the authority of international law, the Republic of Latvia and flag State legislation;
9.3. this rule 8.2., 8.3., 8.4., 8.5 and 8.6. documents referred to, the specified messages are changed or expired period of validity of the document.
10. All the necessary licensing documents submitted at the same time. Documents special permissions (licenses) or renewal shall be filed in the language of the country. Submitting copies of documents, presentation of originals. The applicant is responsible for the accuracy of the information provided.
11. The applicant shall submit the documents of the special permission (license) or for renewal, certifies in writing that it has administered the State revenue service tax debt.
III. consideration of documents and special permits (licences) to receive 12. If the documents submitted indicate news is incomplete or inaccurate, the Ministry of transport requires that applicants (licensees) within 10 working days of submitting the required information.
13. Special permission (license) issued or re-registered at the Ministry of transportation.
14. Special permit (license) is not issued or transferred, if it is found that the applicant (licensee): 14.1. This provision has not submitted compliant documents;
14.2. to fulfil this provision in paragraph 22 and 23 obligations or do not respect the rules of international law or regulatory requirements;
14.3. provide false or misleading information. In this case, the application of the special permission (license) for repeatedly may be submitted not earlier than after one year from the date of the decision on the refusal to issue a special permit or re (license).
15. A refusal to issue or to special permission to reregister (license) applicants (licensees) send a written notice. The notification shall state the reason for the refusal, and also indicates that the applicant has the right, once the reasons for the refusal, to submit documents for the special permission (license) to receive the order.
16. The special permit (licence) issued repeatedly, if changed the name of the licensee or registered office. If a special permit (license) transferred or issued, the recipient of the previously issued licence of the special permission (license) served in the Ministry of transport.
17. special permission (license) a duplicate shall be issued, if special permit (license) has been 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), licensee of replica served spoiled or invalid special permission (license) in the Ministry of transport.
18. If a special permit (licence) issued by, or issued to special permissions (licenses) of the replica, its period of validity is extended.
19. special permission (license) or the documents submitted for renewal, as well as the monitoring of compliance with these rules related documents are stored in the Latvian maritime administration.
20. the Ministry of transport shall be published in the newspaper "Gazette" notice on the operator for which special permit (license) withdrawn.
21. the list of Operators who have been granted a special permit (license) is available at the Latvian marine Administration website on the internet (www.jurasadministracija.lv).
IV. The owner and licensee's obligations and rights 22. Owner and beneficiary of the licence has the following responsibilities: to know and to respect the 22.1. international law and binding national legislation relating to education, certification and work in the maritime sector;
22.2. to maintain the work furnished personal database, 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;
22.3. to check the work of the professional qualifications of persons getting used the evidence of the authenticity and the equipment on board vessels only persons whose qualifications comply with the requirements of the law;
22.4. to inform the maritime administration of Latvia on documents found with signs of fraud;
22.5. to ensure that employment contracts concluded and comply with the conditions of the binding legislation or a collective agreement;
22.6. 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 providing individuals with a copy of the contract and informed of their rights and obligations under the employment contract and conditions;
14.1. to register and investigate complaints about work or home conditions and respond to them.
23. in addition to the recipient a license to the provisions laid down in point 22 shall have the following responsibilities: 23.1. until the next quarter the first 15th date of the month to submit to the maritime administration of Latvia personalized information about the 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;

23.2. If the person furnished to his ship, exposed to international safe management code (ISM Code) requirements and is not registered in Latvian register, 20 working days submit to the Latvian maritime administration maritime companies — this ship Manager-secure management compliance document (the document of compliance);
23.3. prior to job placement service to inform individuals about their possible expenses such as fees on the health verification protocol/certificate or receipt of the seaman's book;
23.4. within 10 working days notify the maritime administration of Latvia about the changes in the application or other documents in specified messages and submit documents proving the changes, as well as writing, if Licensee terminates job placement services;
14.6. within three working days of written notice to the Ministry of transport, where the special permit (license) lost, damaged, or become invalid;
14.7. at the request of the Latvian maritime administration to provide information on job placement services.
24. the licensee is entitled to request and receive from the Latvian maritime administration information on the professional qualifications issued on the authenticity of documents.
V. special permission (license) cancellation 25. Traffic Ministry cancelled the special permission (license) if found that the licensee: 25.1. does not comply with the provisions of paragraph 22 and 23 obligations;
15.7. special permission (license) or for renewal is submitted false or misleading news;
25.3. provided the maritime administration of Latvia false or misleading messages about the employment of seafarers;
25.4. do not follow the rules of international law or the laws of the Republic of Latvia to the requirements of the maritime area;
25.5. special permission is not removed (license) within 30 working days after the decision of the special permission (license) for the issue or renewal.
26. The Ministry of transport on special permission (license) shall be given written notice of the cancellation of the license to the recipient.
27. The Ministry of transport's decision may be challenged in the Court of the administrative procedure law.
28. the licensee is entitled to resubmit the documents special permissions (licenses) for general order no sooner than after a year of the decision on the special permissions (licenses) of the date of cancellation.
29. If the employment service has ended, a special permit (license) cancelled or after its expiration date is not re-registered, the licensee shall within three working days of special permission (license) in the Ministry of transport.
VI. final question 30. special permission (license) mediation services in the premises of seafarers working on board ships, issued up to the date of entry into force of the provisions, they are valid until the expiry date.
Prime Minister a. Halloween traffic Minister a. shlesers Editorial Note: the entry into force of the provisions to 18 May 2005.

1. the annex to Cabinet of 26 April 2005, regulations no 278 traffic Minister a. shlesers