Key Benefits:
Decision of 27 August 2012, laying down rules on the claims of seafarers, placement and provision of labour in the maritime transport sector and amending the Working Time Decision and the Working Time Order in relation to the employment with the implementation of the Maritime Labour Convention 2006 (Decision seafarers ' claims for seafarers, placement and provision of labour force in maritime transport)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Social Affairs and Employment of 25 April 2012, No 12,000981, made on behalf of our Minister for Security and Justice;
Having regard to the Articles 719 , 734d , 734e , 734g , 734i , 734j and 745 of Book 7 of the Civil Code , 4 and 12 of the Law allocus labour force intermediation , 5:12, 1st member, of the Labor Time Act , and 16, seventh and ninth member, of the Working Conditions Act ;
Consultation of the Council of State heard (opinion of 30 May 2012 no. W. 12.12.0138/III);
Having regard to the further report of our Minister of Social Affairs and Employment of 21 August 2012, No IZ/IA/2012/12483, released on behalf of Our Minister for Security and Justice;
Have found good and understand:
In the course of overlapping over the same period and in respect of the same incapacity for work, as referred to in Article 734 of Book 7 of the Civil Code with one or more benefits on the basis of the Incapacity for work insurance or the Law for incapacity for the self-employed , the Law employment and income to work Whether or not with a benefit or income on the basis of the Law on incapacity for work of young handicapped persons The payment shall be paid only in so far as it exceeds the benefit or income provided for in respect of the same incapacity for work.
1 The allowance referred to in Article 719 (2) of Book 7 of the Civil Code , in the case of loss of the whole equipment, the amount shall be that for the seafarer concerned, depending on the group to which he belongs, in the amount attached to this Decision. Annex indicated.
2 In the case of loss of part of the equipment, the amount of the benefit referred to in paragraph 1 shall be made on the basis of the value of the lost part of the equipment up to the amount determined under the first paragraph.
1 For the seafarer in the sea fishing industry, which is compulsive under the Disease law and whose wage consists of a share in the catch or the proceeds thereof, applies to the application of the Articles 719 (3) , 732 , 734 , 734b and 734l of Book 7 of the Civil Code as pay, calculated according to the time space of one month, the amount, obtained by multiplying the daily dagloon under the disease law by 313/12.
2 For the seafarer in sea fishing, which is not required to be insured under the conditions of Disease law and whose wage consists of a share in the catch or the proceeds thereof, applies to the application of the Articles 719 (3) , 732 , 734 , 734d , 734f , 734h , 734j and 734l of the Civil Code as pay, calculated according to the time space of one month, the amount, obtained by the dagloon, which would apply to him under the Law of the Law, if he were required to be insured under that law, multiply by 313/12.
1 As diseases referred to in Article 734e, paragraph 2, of Book 7 of the Civil Code The following shall be designated:
a. Blend the hand;
b. Pekelpuist on the wrist;
c. Mouwvreter by abrasion of oliego-oil;
d. Clearly observable injury due to the open shading of the skin;
e. tendovaginitis crepitans of finger and thumb connectors;
f. solar stitch;
g. Heat-soiled;
h. freezing;
i. stoker cramps;
j. prickleyheat;
k. dermatitis solaris;
l. dengue;
m. malaria tropica;
n. black-water fever;
o. amoebiasis;
p. Febris recurrens;
q. leptospirosis icterohaemorrhagic disease;
r. Yellow fever;
s. pestilance;
t cholera;
u. legionella;
v. african sleeping sickness.
2 A disease referred to in paragraph 1 (l) to (v) shall, unless it appears to the contrary, be considered to be related to the sea work contract if it is revealed within the period specified below after the end of the period of employment. Sea-employment contract. This period is for the disease:
(a) referred to in l and v: 14 days;
b. under m: one month;
c. Under n: two months;
(d) referred to in point (o) three months
e. intended under p: 16 days;
f. intended under q: 10 days;
g. referred to under r: six days;
h. under s and t: five days;
i. intended for: nineteen days.
On these deadlines, the General Term Act Not applicable.
1 The seafarer, based on the Article 734g, paragraph 1, of Book 7 of the Civil Code , entitled to medical treatment or reimbursement, shall receive such treatment or reimbursement in accordance with applicable rules in force in the country in which the treatment is granted.
2 Under art means as intended Article 734g, paragraph 1, of Book 7 of the Civil Code Means the tools, on delivery or reimbursement of which entitlement is claimed by the health insurance scheme, is to be understood as Article 1 (d) of the Zorginsurance Act .
In the course of overlapping over the same period and in respect of the same incapacity for work, death or condition of benefits or provisions as referred to in the Articles 734d to 734h of Book 7 of the Civil Code with benefits or provisions under other legislation, including legislation of another State, the former shall be granted only in so far as such benefits or provisions are granted only if the benefits or provisions of the former exceeding benefits or provisions. The first sentence does not apply in relation to overlapping of benefits as a lump sum. Article 734h of Book 7 of the Civil Code with an death allowance referred to in Article 674 of Book 7 of the Civil Code .
1 The rate of pay fixed in money space, intended in the Articles 734d (1) , and 734j of Book 7 of the Civil Code , shall be increased by:
(a) the value of the costs on board determined in accordance with the provisions of the Article 13, 2nd paragraph, of the Law on Earnings Act 1964 ;
(b) where the seafarer, belonging to the civil service staff, was last filled with a post taking account of the salary to receive him or any such third-party performance, with the amount of the amount of the payment, fixed for tips in accordance with the provisions of Article 12 of the Law on Earnings Act 1964 .
2 However, by way of derogation from paragraph 1, the amount of remuneration fixed by money shall not be increased to the extent that the items referred to in parts (a) and (b) are designated as the final charging component as set out in Annex II to the Regulation. Article 31, first paragraph, part f, of the Law on payroll 1964 .
3 Where the employer Article 39c of the Law on Pay Taxation 1964 applies, Article 1, second paragraph, of the Decree-claims of any outstanding claims of non-insured person under the law of the disease , applicable, as it was said on the day before the date of entry into force of this Decision.
4 If the third paragraph is applicable, the first and second paragraphs shall remain outside the scope of the application.
Amount, referred to in Article 734j, second sentence, of Book 7 of the Civil Code , is fixed at an amount per year, obtained by multiplying by the number 260 of the amount referred to in Article 17, first paragraph, of the Social Insurance Financing Act with regard to a wage period of one day, minus the value of other pay items as referred to in Article 734j of Book 7 of the Civil Code.
The cost of obtaining the sample booklet and passport or comparable personal travel documents is not subject to the prohibition of consideration as intended Article 3, first paragraph , and Article 9 of the Law allocus labour force by intermediaries . The costs mentioned above shall be borne by the seafarer, with the exception of the costs of obtaining a valid medical certificate and the cost of a visa. These costs shall be borne by the vessel manager.
1 The person who is mediating between employers and employees in the creation of a contract of employment or an appointment to a civil servant and the person providing a labour force for the purposes of the supervisor, intended to be the Article 13 of the Law allocus labour force by intermediaries , to maintain a register of all seafarers mediated through them, or made available to them.
2 The register shall contain at least the following information:
a. (a) seafarer's name (s);
b. Date of birth and place of birth;
c. Nationality;
d. Sex;
e. qualifications;
f. occupation;
g. State of service; and
h. Name of ship (depending on the State of Service).
The person who is mediating between employers and employees in the establishment of a maritime contract of employment or a contract of employment or an employment contract or the person who makes the labour force must ensure that they are employed. That:
1.
a. Seafarers are to be notified before or at the time of employment of their rights and obligations under their maritime contract or employment contract or their appointment as a civil servant;
(b) measures shall be taken to enable seafarers to study their maritime contract or contract before and after signature; and
Seafarers a signed copy of their seagoing or employment contract or a copy of their employment received a copy of their employment.
2.
(a) any seafarer made available or made available to them by intermediary of the qualifications and documents required for the function in question, which are required by: Chapter 2, Section 3, of the Seafarers ' Law ; and
b. that the sea contract or employment contract or an appointment as a public servant is in accordance with the laws and regulations and collective agreements relating to the sea contract or the employment contract. employment contract or the appointment as a civil servant.
The following Decisions shall be repealed:
a. the Decision Claims of Creation ;
b. Decision claims of creation, which are not insured under the law of the disease ; and
This Decision shall enter into force on a date to be determined by Royal Decree, which may be determined differently for the various chapters or parts of such chapters.
This decision is referred to as: 'Entitlement To Seafarers', 'Employment' and 'Posting of Labour' in the maritime transport sector.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 27 August 2012
Beatrix
The Minister for Social Affairs and Employment,
H. G. J. Kamp
Published the 13th September 2012The Minister for Security and Justice,
I. W. Opstelten
Functions for seafarers whose grade is not appointed shall be the amount determined for the most near-coming grade
Seafarers with the exception of seafarers on passenger ships not engaged in ferry services (and dredgers of their own propulsion)
Seafarers on passenger ships not engaged in ferry services
Not uniform
With uniform requirements
1
2
3
| 1. Captain, 1 P. wheelman ship doctor, chief engineer officer, hotel manager, purser |
€ 3 313 |
€ 4 311 |
€ 5 445 |
| 2. other drivers, super cargo, semi integrated officers (SWOs), other officers hotel service |
€ 3 313 |
€ 4 311 |
€ 4 765 |
| 3. other mechanical engineers, electricians and radio officers |
€ 3 313 |
€ 4 311 |
€ 4 311 |
| 4. management galley staff, head feeding cook/courtmaster |
€ 3 313 |
€ 3 857 |
|
| 5. other seafarers |
€ 2 977 |
€ 2 977 |
€ 2 977 |
| 6. seafarers whose wages have been agreed to below the wages applicable to seafarers living in Europe |
€ 1 588 |
€ 1 588 |
€ 1 588 |
1. Ships typically making trips less than 14 days for all functions € 1 418
2. Ships typically making trips of 14 days or longer for all functions € 1 747
