Seafarers ' Claims, Employment Services And Decision Posting Of Workers In The Maritime

Original Language Title: Besluit aanspraken zeevarenden, arbeidsbemiddeling en terbeschikkingstelling van arbeidskrachten in de zeevaart

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Decree of 27 August 2012, containing rules on claims of seafarers, employment services and posting of workers in the maritime field, and amending the working time Act and the working conditions decision relating to the implementation of the maritime labour Convention 2006 (decision claims seafarers, employment services and posting of workers in the maritime) we Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau , etc. etc. etc.
On the proposal of the Minister of Social Affairs and employment of 25 april 2012, nr. 12.000981, done on behalf of Our Minister of security and justice;
Having regard to articles 734g, 719, 734d, 734i, 734j and 734th, 745 of book 7 of the civil code, 4 and 12 of the Act allocation workers by intermediaries, 5:12, paragraph 1, of the Dutch working hours Act, and 16, seventh and ninth paragraph, of the working conditions act;
The Advisory Department of the State Council 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, nr. IZ/IA/2012/12483, released also on behalf of Our Minister of security and justice;
Have goedgevonden and mean: Chapter 1. Claims of seafarers article 1. Confluence wage and benefit in the event of overlapping over the same period and in respect of the same disability of wage as referred to in Article 734 of book 7 of the civil code with one or more benefits under the Law on insurance against incapacity for work or the WAZ, the work and income according to labour capacity Act, or with income benefit or a provision under the disablement Assistance Act for handicapped young persons , the wages be paid only as far as the benefit or income supply, granted in respect of the same disability, surpassing.

Article 2. Loss equipment 1 the benefit, referred to in article 719, paragraph 2, of book 7 of the civil code, in the event of loss of the entire equipment set at the amount, which for that seafarer, depending on the group to which he belongs, in the annex is annexed to this decision.
2 In case of loss of a portion of the equipment, the amount of the benefit referred to in paragraph 1, posed on the worth of the lost part of the equipment to a maximum of the amount under the first paragraph.

Article 3. Catch if the seafarer in the wage 1 for sea fishing, which compulsorily insured under the sickness benefits act and whose salary consists of a share of the catch or the proceeds thereof, applies to the application of articles 719, 732, 734, 734b and paragraph 3, 734l of book 7 of the civil code as wages, calculated in the time space of a month , the amount, obtained by the daily wage under the sickness benefits act in force for him to multiply with 313/12.
2 for the seafarer in sea fishing, which is not subject to compulsory insurance under the sickness benefits act and whose salary consists of a share of the catch or the proceeds thereof, applies to the application of articles 719, 732, 734, paragraph 3, 734d, 734f, 734h, 734j and 734l of the civil code as wages, calculated in the time space of a month , the amount, obtained by the daily wage, that for him under the sickness benefits act would apply, if he would be subject to compulsory insurance under that law, multiplying by 313/12.

Article 4. Disease related to the sea-employment contract as diseases referred to in article 1, paragraph 2, 734th of book 7 of the civil code, are designated: a. blister to the hand;
b. brine Zit to the wrist;
c. sleeve feeders by abrading oil well;
d. clearly perceptible injury by open sanding the skin;
e. crepitans tendovaginitis of finger and thumb candy;
f. heat stroke;
g. heat bevanging;
h. freezing;
i. stokers cramps;
j. prickleyheat;
k. dermatitis solaris;
l. dengue;
m. malaria tropica;
n. black water fever;
o. amoebiasis;
p. febris recurrens;
q. leptospirosis icterohemorrhagica;
r. yellow fever;
s. fever;
t. cholera;
you. legionella;
v. African sleeping sickness.
2 a disease referred to in the first paragraph, under l to v, is, unless the contrary shall be deemed to be related to the sea-employment contract, if it reveals itself within the below listed period of time from the end of the sea-employment contract. This term for the disease: a. referred to under l and v: 14 days;
b. under m: a month;
c. referred to in subparagraph n: two months;
d. referred to under o: three months;
e. referred to under p: sixteen days;
f. referred to in subparagraph q: ten days;
g. referred to in r: six days;
h. referred to in s and t: five days;
i. intended of you: nineteen days.
On these terms is the General extension of time limits Act does not apply.

Article 5. Medical treatment 1 the seafarer, which on the basis of article 734g of book 7 of the civil code, entitled to receive medical treatment or compensation therefor, in accordance with the treatment or compensation in the country, where the treatment is granted, applicable rules.
2 under art resources referred to in article 734g, paragraph 1, of book 7 of the civil code means the tools, on delivery or compensation which claim is made on the basis of the health insurance, referred to in article 1, part d, of the health insurance act.

Article 6. Confluence wage and benefit in the event of overlapping over the same period and in respect of the same disability, death or disease of benefits or facilities referred to in articles 734d to 734h of book 7 of the civil code with allowances or benefits under another legal regime, including legislation of another State, the first-mentioned benefits or facilities granted only in so far as they exceed the latter benefits or facilities. The first sentence does not apply in respect of overlapping of a benefit all of a sudden as referred to in article 734h of book 7 of the civil code with a death benefit as referred to in article 674 of book 7 of the civil code.

Article 7. Height pay 1 to time band in wage money referred to in articles 734d and 734j of book 7 of the civil code, shall be increased by: a) the worth of costs on Board established in accordance with the provisions under article 13, paragraph 2, of the law on the payroll tax 1964;
b) if the seafarer, belonging to the civil service personnel, most recently worked for determining any outstanding wage receiving gratuities or such third-party performance were taken into account, with the amount of gratuities adopted in accordance with the provisions under article 12 of the Law on the payroll tax 1964.
2 by way of derogation from the first paragraph, it is not, however, set to time space in money wages increased in so far as the items referred to in parts a and b are designated as eindheffingbestanddeel as referred to in article 31, paragraph 1, part f of the law on income tax, 1964.
3 in the event of the employer article 39 c of the law on the payroll tax apply, 1964, article 1, second paragraph, of the decision which not are insured under the sickness benefits act Seamen Convention claims, apply, as it was the day before the date of entry into force of this decision.
4 If the third member of application has continued to apply the first and second paragraph.

Article 8. Other wage components the amount referred to in article 734j, second sentence, of book 7 of the civil code, shall be set at an amount per year, which is obtained by multiplying with the number 260 of the amount referred to in article 17, first paragraph, of the law funding social insurance in respect of a pay period of one day, minus the worth of other wage components as referred to in article 734j of book 7 of the civil code.
Chapter 2. Job placement and posting of workers in the maritime field, Article 9. Personal documents the cost for obtaining the sample booklet and passport or similar personal travel documents are not covered by the ban on contribution provided for in article 3, paragraph 1, and article 9 of the Act allocation workers by intermediaries. The above mentioned cost shall be borne by the seafarer with the exception of costs for obtaining a valid medical certificate and the cost of visa. These costs shall be borne by the ship's administrator.

Article 10. Register 1 the one that mediates between employers and employees in the establishment of a contract of employment or an appointment to officer and the one that manpower to serve for the benefit of the supervisory authority, referred to in article 13 of the Act allocation workers by intermediaries, keep a register of all seafarers who are mediated through them, or have been made available.
2 the register shall contain at least the following information: a. name (and names) of the seafarer;
b. date and place of birth;
c. nationality;
d. gender;
e. qualifications;
f. job;
g. record; and h. name of ship (depending on the condition of service).

Article 11. Obligations the person who mediates between employers and employees in the design of a sea-employment contract or a contract of employment or an appointment as officer and makes available the one that manpower should ensure that: 1.

a. seafarers before or at the time of entering the service be informed of their rights and obligations under their sea-contract of employment or employment contract or their appointment as officer;
(b) the necessary measures to ensure that seafarers are their sea-employment contract or contract of employment before and after the signing can study; and c. a signed copy of their sea-seafarers ' contract of employment or employment contract or a copy of their appointment as officer received.
2. a. mediated or made available through them each seafarer has the necessary qualifications for the respective function and documents required pursuant to Chapter 2, paragraph 3, of the law seafarers; and b. that the sea-contract of employment or employment contract or appointment as a civil servant in accordance with the law and regulations and collective agreements relating to the sea-employment contract or the employment contract or the appointment as official.
Chapter 3. Amendment of the working time Decree article 12. Amendment of the working time Act [Red: change the working time decision.]
Chapter 4. Modification of the working conditions Decree article 13. Modification of the working conditions Decree [Red: modifies the working conditions decision.]
Chapter 5. Other provisions article 14. Withdrawal decisions the following decisions are hereby repealed: a. the decision claims of Seamen Convention;
b. the decision claims of Seamen Convention, who are not insured under the sickness benefits act; and article 15. Entry into force this decision shall enter into force at a time determined by Royal Decree, that for different chapters or parts of different can be fixed.

Article 16. Quote title this decision is cited as: decision claims seafarers, employment services and posting of workers in the maritime field.
Charges and recommended that this decision with the corresponding note of explanation in the Official Gazette will be placed.
The Hague, 27 August 2012 Beatrix the Minister of Social Affairs and employment, h. g. j.
Camp Published the thirteenth september 2012 The Minister of security and justice, i. w.
Opstelten Annex referred to in article 2 of the decision claims seafarers, employment services and posting of workers in the maritime field, allowances because of loss of the entire equipment i. Seafarers (with the exception of seafarers in the sea fishing) functions for seafarers whose rank is appointed is not the amount for most near next rank Seafarers with the exception of seafarers on passenger ships no ferry services (and dredging equipment with own propulsion) seafarers on passenger ships no ferry services do without uniform regulations with uniform requirements 1 2 3 1. Captain, first mate ship's doctor, Chief Engineer Officer, hotel manager, purser 3 313 € € € 4 311 5 445 2. other mates, supercargo, semi integrated officers (SGO's), other officers 3 313 € € € 4 765 3 4 311 hotel service. other mechanics, electricians and radio officers 3 313 € € € 4 311 4 311 4. management galley staff, Cook/steward 3 313 € € 3 857 5 main power supply. other seafarers € € € 2 977 2 977 2 977 6. seafarers who agreed a wage lower than the prevailing wage for seafarers resident in Europe € € € 1 588 1 588 1 588 II. Seafarers in the sea fishing 1. Ships that usually trips of less than 14 days € 1 418 2 for all functions. Ships that usually trips of 14 days or longer for all functions 1 747 €

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