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Proposal for Law No 328 /XII

Exhibition of Motives

The Maritime Labour Convention, 2006, hereafter designated by Convention, was

adopted by the International Labour Conference, in its 94 th session (maritime), in 23

of February 2006, with no votes against and only four abstentions.

The Convention came into force 12 months after the registration of its ratification by the first

30 Member States of the International Labour Organization (ILO), which

represent at least 33% of the gross tonnage of the world's marine fleet of

trade, which occurred on August 20, 2013. The states that ratify

subsequently the Convention will be bound by its provisions 12 months after the registration

of ratification.

The Convention regulates the requirements of the minimum age, medical certificate, training and

qualifications for the work on board of ships of the navy of commerce, the conditions of

work, such as the conclusion of the contract of employment, remuneration, duration of the

work or rest, annual leave, repatriation, safety lotions, accommodation,

leisure facilities, food and table service, health protection and medical care,

navigating and on land, welfare and protection in social security. Finally,

regulates the obligations of States, as a flag State or State of the port,

in view of the compliance and monitoring of the application of the Convention by the vessels which

arvorous flags of states that have ratified it. In the case of ships from states that do not

have ratified the Convention, the control by the port States should check if the seafarers

on board benefit from treatment no less favourable than that arising from the application

of the mandatory provisions of the Convention.

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The Convention, given the breadth of the subjects it regulates, replaces several tens of

ILO conventions and recommendations relating to the work on board of naval vessels

of trade.

The Convention comprises provisions of four types, which are grouped into two categories

depending on its linkage: articles in Roman numeracy, rules and standards, which

link the states that ratify it; guiding principles, which constitute mere

recommendations on how to apply the binding provisions. The standards and the

guiding principles constitute what the Convention designates by "Code".

The Convention is intended to be a universally applicable instrument, which should

constitute the fourth pillar of the international regulation of the marine sector of

trade, complementing key conventions of the Maritime Organization

International-the International Convention for the Safeguard of Human Life at the Sea,

1974 (SOLAS), the International Convention on Standards of Training, Certification and

of Quarter Services for the Maritime, 1978 (STCW), and the International Convention

for the Prevention of Pollution by Ships, 1973 (MARPOL).

Subsequently, the Council of the European Union adopted Decision No 2007 /431/CE of 7

of June 2007, by which it authorised Member States to ratify the Convention of the

Maritime Work, 2006, attending to which some parts of this Convention deal with

matters within the competence of the Union.

The social partners at the community level celebrated, in 2008, an agreement that incorporates the

content of rules and standards on the majority of the subjects of the Convention. This agreement was

applied by Directive No 2009 /13/CE of the Council of February 16, 2009, whose

deadline for transposition ends one year after the initial entry into force of the Convention.

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The generality of the aspets on working and living conditions on board ships of the

trade navy regulated by the Convention and, in respect of many of them, by the

an agreement annexed to Directive No 2009 /13/CE of the Council of February 16, 2009, already if

finds provided for in national legislation. Such succeeding in particular with the certificate

doctor, the duration of work or rest, retributions, vacations, safety lotations,

accommodation, leisure facilities, food and table service, prevention of safety and

health at work, repair of accidents at work and occupational diseases, protection of the

health and medical care and protection in the matter of social security.

Notwithstanding, sometimes national legislation does not regulate such aspets in a way

entirely concordant with the Convention and with the Agreement annexed to the said Directive, or

does not cover all seafarers working on board ships to which they apply

instruments.

Such national legislation shall include, inter alia, the Labor Code, approved

by Law No. 7/2009 of February 12, whose standards are applicable to the work on board

ships of the trade navy when they are compatible with their specificity, the

legal regime of the contract of employment of the commercial navy personnel, approved by the

Decree-Law No. 74/73 of March 1, as amended by the Decrees-Laws 104/89, of 6 of

april, and 88/96, of July 3, and by the Law No. 114/99 of August 3, which it is however

to a large extent derogated from the said Code, as well as the Decree-Law

n ° 145/2003 of July 2, which transposed into the internal legal order the agreement annexed to the

Directive No 1999 /63/CE of the Council of June 21, 1999 concerning the agreement

relating to the organisation of the working time of seafarers, celebrated by the partners

social at the community level.

This proposed Act has in view to appropriate national legislation to the Convention and

ensure transposition into the internal legal order of the agreement annexed to the Directive

n. 2009 /13/CE of the Council of February 16, 2009.

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Of the provisions set out in this proposed law, it is important to highlight the following.

Since soon, it applies to people who work, in an exclusive or predominant manner, to

board of ships that fly the Portuguese flag and which are covered by the

Convention, including who is bound by contract of service provision. The

broad terms in which the Convention and the agreements annexed to the Directives referred to define the

seafarers, as well as its provisions that distinguish employed persons and not

wage earners, determine the inclusion of service providers. Hence, although the

generality of the standards is immediately applicable to the seafarer bound by contract of

work, who is bound by contract of service provision should benefit from the

living and working conditions applicable to worker on account of others giving

compliance with the mandatory provisions of the Convention and the two Directives referred to.

The minimum age of admission to the work on board is 16 years, by virtue of the Convention and the

agreements annexed to the Directives referred to. In this scope, exceptions are not applicable

provided for in the Labour Code, approved by Law No. 7/2009 of February 12, which

they allow the provision of work by the minor under the age of 16 years.

The contract of work on board ship shall be concluded in writing, in two

exemplars, staying one for each part, and mention many elements about conditions of

work and protection of health and social security, by virtue of the Convention and the agreement

annex to Directive No 2009 /13/CE of the Council of February 16, 2009.

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The length of the working time of seafarers is regulated by two types of standards. There is

maximum limits, on the one hand, of the normal daily and weekly working period and, on the other

side, of the working time, including the supplementary work, which are equal to those that

result from the Convention and the agreement annexed to Directive No 1999 /63/CE. These limits

maximum working hours are applicable in alternative to minimum times of

rest, also regulated in the Convention and in the said agreement, which do not indicate,

however, to whom it competes to choose between following the regime of maximum time limits of

work or that of minimum rest times. The constant solution in the present proposal

of law consists of the choice being made by collective convention or by contract of employment;

in your foul, by the shipowner.

The rules laid down in this proposed law relating to the Working Duration Scheme

or of the duration of the rest period, in addition to giving compliance to the Convention,

correspond to the transposition of provisions of the agreements annexed to the Directive

n. 2009 /13/CE, of the Council of February 16, 2009 and Directive No 1999 /63/CE,

as well as the transposition of Directive 2012 /35/UE, of Parliament and of the Council,

of November 21, 2012, amending Directive No 2008 /106/CE, concerning the level

minimum of training of seafarers, and 2013 /54/UE, of the Parliament and of the Council, of 20

of November 2013, relating to certain responsibilities of the flag State in the

compliance and implementation of the Maritime Labor Convention, 2006.

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It is proposed that the annual leave to have the duration of two and a half consecutive days for each

month of contract duration in the previous year, or proportionally in the case of month

incomplete, by virtue of the Convention and the Agreement annexed to Directive No 1999 /63/CE, in the

wording given by the agreement annexed to Directive No 2009 /13/CE, of the Council, of 16 of

February 2009. However, it is taken into consideration that the already referred to legal regime of the

contract for work of the trade navy personnel, from 1973, provides for the

workers who are registered more days on holiday in some situations, so if

proposes that these periods continue to apply while the said workers

are at the service of the shipowner to which they are bound when the law arising from the

present proposal to enter into force.

The repatriation of the seafarer, provided for in the legal regime of the contract of employment of the

trade navy personnel, from 1973, for the termination situations of the contract of

work saved when due to denunciation by the seafarer, it is regulated in the Convention

and in the Agreement annexed to Directive Directive No 2009 /13/CE of the Council of February 16, 2009,

that add other situations in which there must be place for repatriation. Proposes to

yet there is room for repatriation in situations of shipwreck, of refusal to travel to

war zones and suspension of the labour contract in a situation of business crisis, the

which are mentioned in the non-binding provisions of the Convention as owing

justify the repatriation.

It is up to the shipowner to arrange and to cost the repatriation. However, if he does not, of the

Convention and of the Agreement annexed to Directive No 2009 /13/CE of the Council of February 16

of 2009, it follows that the Portuguese authority closest to the landing site must

ensure repatriation in the case of seafarer paying service on flag ship

portuguese or, being a foreign flag ship, if you treat yourself to Portuguese shipping and the

Flag State of the ship does not do so or if it is foreign maritime that should be

repatriated from the national territory, without prejudice to the right to demand the shipowner or

to the flag State the payment of the expenses effected.

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It is further envisaged that the shipowner constitutes a surety intended to guarantee the payment of

repatriation expenses, which is imposed by rules of the Convention and the attached agreement to the

Council Directive No 2009 /13/CE of the Council of February 16, 2009.

In the protection of health and medical care, the Convention and the agreement annexed to

Directive No 2009 /13/CE of the Council of February 16, 2009, distinguishing consonant

the seafarer finds himself on board or on land. In the first situation, the state should oblige the

ship that harbours its flag, if it fulfils certain requirements, to have a doctor to

board or, in the remaining cases, to have a qualified seafarer for the provision of care

doctors, administration of medications and first aid. These aspets are already

regulated by national legislation in terms that satisfy almost entirely the

international and community regulation. Regarding medical assistance on land, the

Convention and the Agreement annexed to Directive No 2009 /13/CE of the Council of February 16

of 2009, obliges the State to assure seafarers to ships that fly its

flag a protection of comparable health and medical care, as far as possible,

to those of which they benefit the workers on land. The aforementioned international instruments

it still obliges the state to assure seafarers to ships that arvorous any

flag and find themselves in their ports access to medical services on land, case

require immediate medical assistance.

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The medical assistance in land of seafarers affections to ships that fly the flag

Portuguese is assured in relation to those who are beneficiaries of the National Service of

Health. They are beneficiaries of Portuguese citizens, nationals of other Member States

of the European Union in the terms of community regulation, or other States-

Members of the European Economic Area or Switzerland, the nationals of other countries

residents in Portugal, in conditions of reciprocity, and the stateless residents in

Portugal. The nationals of other countries who find themselves in Portugal, albeit not

have a permit to stay or residence or work visa, as long as if

meet in Portugal more than 90 days ago, have access, on the basis of measures

administrative, to the National Health Service on equality with the respects

beneficiaries. With respect to seafarers on board Portuguese flag ships that do not

find themselves in any of these situations, it is proposed that they have access to the

institutions of the National Health Service, under conditions identical to those of beneficiary to

effects of protection of health and medical care. Once the Convention and the agreement

annex to the Directive are missing on the payment of health care to such seafarers,

it is proposed that the payment of the same shall be borne by the shipowner.

Regarding seafarers affection to ships that fly any flag and that if

find in national ports, for the purpose of access to medical services on land for

receive immediate medical care, it is necessary to consider that these seafarers can

be or non-beneficiaries of the National Health Service. In case they are, this access is

secured. For the rest, there are administrative measures that allow for the

access to necessary health care if they are immigrants residing in Portugal there are

more than 90 days. This measure is insufficient because the seafarers in question may not be

immigrants and not even residing in Portugal, so it is proposed that seafarers affection to

ships that meet in national ports and that are not beneficiaries of the Service

National Health of Health to have access to the institutions of this for health care purposes

urgent.

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On the scheme for the repair of accidents at work, the Convention and the agreement

annex to Directive No 2009 /13/CE of the Council of February 16, 2009 obliges the

State to ensure seafarers affection to ships that fly its diverse flag

benefits that are already provided for in Portuguese legislation.

The Convention and the Agreement annexed to Directive No 2009 /13/CE of the Council of 16 of

February 2009, obliges Member States to ensure that seafarers of vessels

of your flag benefit from conditions of safety and health at work.

In Portuguese legislation, the general scheme for the promotion of occupational safety and health

applies to all employees, including those who work on board ships. The

general regime is complemented by legislation regarding specific risks, which is equally

applicable to mariners. National legislation needs only a few adjustments to

appropriate entirely to the aforementioned international instruments, specifically the

possibility of seafarers constituting safety commissions on each ship with

five or more seamen. It is therefore proposed that, in the shipowners ' companies, the number

of representatives of seafarers for safety and health at work is determined by

ship, depending on the number of workers to it affection, with a regime identical to that of the

subcommittees of workers.

The Convention and the Agreement annexed to Directive No 2009 /13/CE of the Council of 16 of

February 2009, obliges Member States to demand that, on the ships of their flag,

there are procedures that allow to resolve the complaints made by seafarers who

random violation of the respective provisions. Does not exist in Portuguese legislation

regulation on the submission to the employer of complaints by seafarers.

While that absence does not prevent seafarers from lodges with complaints to their respects

employer, the said instruments require that there be a regulation for the purpose.

A regulation of the complaint procedure on board is therefore proposed, which in the

it does not prejudice the right of the seafarer to appeal to the judicial route or file charges

directly to the competent authorities.

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The Convention contains a set of obligations for Member States with a

purpose of ensuring compliance with its mandatory provisions, on the one hand, in the

quality of flag State of the vessels and, on the other hand, in the quality of State of the

port in which foreign ships do scale.

The responsibilities in the quality of flag State of the vessels involve the institution

of an inspection and certification system with a view to ensuring that the conditions of

work and life of seafarers affection to these vessels comply with the standards of the

Convention. The certification system includes the maritime work certificate, completed

by the declaration of conformity of maritime work, or, in certain cases, a certificate

interim of maritime work, attesting that the vessel was inspected by the State of

flag and that the mandatory provisions of the Convention relating to working conditions

and of life of the seafarers are fulfilled.

As the Portuguese legislation does not regulate these documents, it is proposed to

institution, obliging, in accordance with the Convention, the ships of equal gross tonnage or

greater than 500 that will fly the Portuguese flag and take trips between ports of

different countries, from a port or between ports of another country, to owning a

certificate of maritime work and a declaration of compliance of maritime work,

or an interim certificate of maritime work. In the case of ship that does not meet

in the said situations, the shipowner may request the issuance of the certificate of work

maritime and the declaration of conformity of maritime work.

The proposed rules on term of validity, renewal, expiry and revocation of the

certificate of maritime work, the contents of the declaration of conformity of the work

maritime and the conditions of issuance and shelf life of the provisional certificate of

maritime work gives compliance with the mandatory provisions of the Convention.

The Convention also provides that the inspection and certification system, within the framework of the

responsibility of the flag State, it can be ensured by public institutions or

organizations recognized for the purpose.

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Currently, there are two public institutions with competencies more directly

relating to the inspection system referred to in the Convention: the Authority for the

Conditions of Labour, which is competent to monitor compliance with the provisions

legal, regulatory and conventional relating to working conditions,

specifically those relating to occupational safety and health, and the Directorate General of Resources

Natural, Safety and Maritime Services, which has the mission, namely, the

certification of national vessels and seafarers, the inspection, surveillance, coordination and

the monitoring of the activities of the maritime sector.

The current legislation already provides for recourse to "recognized organizations" tasked with the survey and

inspection of vessels flying the Portuguese flag in the part concerning safety

maritime and the prevention of marine pollution. The common rules for organizations that

proceed to the survey and inspection of vessels appear in Community Regulation.

In this context, it is the corresponding organic legislation that indicates the public institution that

ensures the functions of inspection and certification of vessels arising from the Convention.

The provisions of the Convention relating to the responsibilities of the State of the port predict

that any ship that harbores the flag of another State and which, in the normal course of its

activity, make scale in a national port or fundeadgold can be inspected for

check the compliance of the working and living conditions of the maritime respects with

the provisions of the Convention. The inspection shall verify compliance with the provisions

binding of the Convention should the flag State of the ship have ratified it

Convention or, if it has not done so, if seafarers benefit from equal treatment

or more favourable than the one arising from the application of the said provisions.

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Given that the common criteria for the inspection by the State of the port of foreign vessels

that scales national ports and funmoors, as well as inspection procedures, already

are set out in a legislative framework of its own-in the Decree-Law No. 61/2012, of 14

of March-, understood to refer to the review of that diploma, which is also raised by the

need to transpose Directive No 2013 /38/UE, of the European Parliament and of the

Council, of August 12, 2013, the matter on inspection by the State of the port in the

respect to the standards of the Convention.

The Convention provides that there may be private placement services of seafarers. The

regulatory legislation of private placement agencies prohibits the placement of candidates to

employment of seafarer but it is not justified to maintain exclusion, the revocation of which is proposed.

Finally, it is proposed to revocation of the diploma that approved the legal regime of the contract

of work of the personnel of the trade navy (the Decree-Law No. 74/73 of March 1,

changed by Decrees-Leis n. ºs 104/89, April 6, and 88/96, of July 3, and by the Law

n ° 114/99 of August 3), as well as the diploma that transposed the agreement annexed to the Directive

n. 1999 /63/CE, relating to the organisation of the working time of seafarers (the

Decree-Law No. 145/2003 of July 2). The former is largely derogated from the

Labour Code, passed by Law No. 7/2009 of February 12, the scheme of which

applies to the said staff in the part where it is compatible with the specificity of the sector. The

second respect to matters that have been in the meantime regulated by the Convention and in part

by the Agreement annexed to Directive No 2009 /13/CE of the Council of February 16, 2009. The

proposal to revocation of these diplomas is accompanied by the incorporation of the standards yet

necessary in this proposed law.

The social partners with a seat on the Standing Committee on Concertation were heard

Social.

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Thus:

Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Title I

General provisions

Article 1.

Object and scope

1-A present law regulates the activity of seafarers on board ships that fly flag

Portuguese, as well as the responsibilities of the Portuguese state as a State of

flag or of the port, with a view to compliance with mandatory provisions of the

Maritime Labour Convention, 2006, of the International Labour Organization

(henceforth, Convention), and of the directives referred to in the following number.

2-A This Law transposes, in whole or in part, to the internal legal order:

a) Council Directive 1999 /63/CE of the Council of June 21, 1999 concerning

to the agreement on the organisation of the working time of seafarers, concluded

by the Association of Armors of the European Community (ECSA) and by

Federation of Transport Trade Unions of the European Union (FST);

b) The Council's Directive No 2009 /13/CE of February 16, 2009, which applies

the Agreement concluded by the ECSA and the European Federation of Workers

of Transport (ETFs), relating to the Convention on Maritime Work, 2006, and

amending Directive No 1999 /63/CE;

c) The Directive No 2012 /35/UE of the Parliament and of the Council of November 21

of 2012, which aments Directive No 2008 /106/CE on the minimum level of

seafarers training;

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d) The Directive No 2013 /54/UE of the Parliament and of the Council of November 20

of 2013, concerning certain responsibilities of the flag State in the

compliance and implementation of the Convention.

Article 2.

Definitions

1-For the purposes of this Law, it is understood by:

a) "Sheltered waters", the waters understood between the baselines, such as

defined in Article 5 of Law No 34/2006 of July 28, and a line whose points

dismiss 12 nautical miles from the baselines;

b) Shipowner ", the owner of a ship or any manager, agent or charterer to

hull naked, or other entity or person to whom the owner has ceded to

operation of the ship and to have accepted the legal obligations incumbent upon

armor yet other entities or persons comply with them in their name;

c) "Gross Tonnage", calculated in accordance with the provisions of Annex I of the

International Convention on the Arking of Ships, 1969, or other

Convention which replaces it; in relation to vessels covered by the provisions

archery transitional adopted by the International Maritime Organization, the

gross tonnage is the one shown in the heading "Observations" of the international certificate

of archaeation of the vessels (1969);

d) "Contract for work on board ship", the one by which a seafarer obliges,

upon retribution, to provide your activity on board ship, the other or other

people, within the framework of organization and under authority of these;

e) "Maritime", any person employed or hired or who works, to any

title, on board of ship to which the present law applies;

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f) 'Ship' means any vessel belonging to the public or private entity

customarily affects commercial activities, with the exception of ship affection to fishing or

analogous activity, of traditional construction ship, of ship of war or

auxiliary unit of the war navy, from ship that exclusively browns in

inland waters or in sheltered waters or in their vicinity or in areas

covered by port regulation, also being covered, for the purpose of

Application of this Law, the mobile offshore drilling units and the units

floats of production, storage and discharge that fly the flag

national or operating, pursuant to the applicable national law, in zones

maritime under jurisdiction of the Portuguese State;

g) "Repatriation", the return of the seafarer to the place agreed by the parties or, in their

foul, to the country of residence, country of naturalness or the port of recruitment, since

that there is accepted, and second seafarer option, in the circumstances provided for in the

present law and at the expense of the shipowner, provided that in accordance with the legislation

which regulates the entry, exit, permanence and remoteness of the Portuguese territory.

2-Without prejudice to the provisions of the following numbers, do not consider themselves to be seafarers,

specifically, the following workers:

a) The pilots of the port, inspectors, auditors, superintendents and others, whose

work is not part of the routine business of the ship;

b) Scientists, researchers, divers and others, whose work is not part of the

routine business of the ship;

c) The guest artists, repair technicians, port workers and any

other workers, whose work on board is occasional and short-term being the

your main place of work on land.

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3-For the purposes of applying this Act, doubts to be raised about the qualification

of a ship or of a seafarer on board are decided by the Directorate General of Resources

Natural, Safety and Maritime Services (DGRM), after consulting the associations

national representative of shipowners and seafarers on board, giving from the fact

knowledge to the Director General of the International Labour Secretariat.

4-In the decision on the doubts to be raised about the qualification of a seafarer to

board, must meet the criteria set out in the resolution concerning the information

on professional groups, adopted at the 94 th session of the General Conference of the Organization

International Labour, in 2006, specifically the following:

a) The duration of the stay on board the persons concerned;

b) The frequency of the periods of work spent on board;

c) The location of the main seat of the person's work;

d) The purpose of the work of the person on board;

e) The similarity of the working conditions and in social matters of the persons concerned

with what is provided for in the Convention.

Article 3.

Contract scheme for work on board ship

To the contract of work on board ship that harbours the Portuguese flag apply the

rules of this Law and, in the unregulated matters, the general rules of the Labor Code,

passed by Law No. 7/2009 of February 12, and the remaining regulatory legal standards of the

contract of work that are compatible with their specificity.

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Title II

Provision of work on board ship

CHAPTER I

Admission to work on board ship

Article 4.

Minimum age

1-The work on board of ship to anyone under 16 years of age is prohibited.

2-The activities, agents, processes and conditions of work on board, prohibited to

minor for being susceptible to harm to your health or safety, are the constants

of the legal regime for the promotion of safety and health at work.

3-Constitutes serious counterordinance to the violation of the provisions of paragraph 1.

Article 5.

Physical and psychic aptitude of the maritime

1-You can only be admitted to work on board a ship who has physical fitness and

psych for the exercise of this activity.

2-A Physical and mental fitness should be checked by medical examination, which should be

always carried out before the start of the work provision.

3-A The physical and mental fitness of seafarers is regulated in specific legislation.

4-A legislation referred to in the preceding paragraph shall also apply to physical fitness and

psych of the remaining workers on board.

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5-The clinical records relating to seafarers on board are confidential, they are intended

exclusively to facilitate their treatment, and the commander shall ensure that the

board physician, when it exists, or the seafarer responsible for medical care and the

administration of medicines transmits those to the doctor of the work, which the

integrates in the respects clinical fact sheets.

6-Constitutes serious counterordinance the violation of the provisions of the n. ºs 1, 2 or 5.

Article 6.

Training and qualification

1-You can only work on board a ship who:

a) Posits qualification appropriate to the activity to be achieved, inter alia, through

of the educational or vocational training system;

b) Have completed with harnessing a proper training in safety

staff on board ships.

2-The formations and certifications complying with the mandatory instruments adopted

by the International Maritime Organization are considered to be in compliance with the

requirements referred to in the previous number.

3-Constitutes serious counterordinance to the violation of the provisions of paragraph 1.

Article 7.

Contract of work on board ship

1-The contract of work on board ship is reduced in writing and shall contain the following

elements:

a) The name or denomination and the domicile or the seat, respectively, of the maritime

and of the shipowner;

b) The naturalness and the date of birth of the seafarer;

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c) The place and date of the conclusion of the contract, as well as the start date of the production

of its effects;

d) The category of the seafarer or the summary description of the corresponding functions;

e) The value and periodicity of the retribution;

f) The duration of the holidays or, if it is not possible to know this duration, the criterion for the

your determination;

g) The conditions under which the contract may cease, by explaining, inter alia:

i) The period of advance notice by the seafarer, when concluded by

indefinite time;

ii) The deadlines for prior notice by the maritime or the shipowner, when

concluded the right term;

iii) The port of destination and, if it is the case, the period of time it decorates between the

arrival and the date of the termination of the contract, when concluded for a

travel;

h) The benefits in health and social security protection ensured

by the shipowner to the sea if it is the case;

i) The right of the seafarer to repatriate;

j) The reference to the instrument of applicable collective work regulations,

when it is the case.

2-The employment contract shall, still, guarantee to the maritime dignie-worthy conditions and of

work on board, in accordance with the mandatory standards of the Convention.

3-The seafarer must have sufficient time to analyse the contract of employment and

advise you on your content in such a way as to be properly informed about the

even before signing it.

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4-The contract of work on board is concluded in writing, in two copies, by staying a

for each part.

5-The seafarer, when you find yourself aboard the ship, must have in your power an exemplar

of the respected contract of employment.

6-The shipowner shall deliver to the seafarer a supporting document with the registration of the

your work on board, consisting of the maritime ballot or analogue document.

7-The shipowner shall inform the maritime of the number of the accident insurance policy of

work and the identification of the insurer entity.

8-Constitute counterordinance grave the violation of the provisions of the n. ºs 1, 3, 4, 6 or 7.

Article 8.

Contract for provision of service on board ship

1-Maritime bound by contract of service provision shall benefit from the

living and working conditions applicable to worker on account of others giving

compliance with the mandatory provisions of the Convention and the Directive referred to in

article 1.

2-The seafarer bound by contract of service provision shall have in his power,

when you find yourself on board the ship, an exemplar of the contract or analogous document

issued by the shipowner.

3-The shipowner must deliver to the seafarer bound by contract of service

a demonstrative document with the registration of your work on board.

4-The counterordinations and the corresponding sanctions relating to the standards applicable to the

maritime bound by contract of service cover situations in which the

violation reports to that seafarer.

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CHAPTER II

Working conditions on board ship

Article 9.

Maximum limits of the normal working period

1-The normal period of work may not exceed eight hours per day and 48 hours per

week.

2-Constitute counterordinate grave the violation of the provisions of the preceding paragraph.

Article 10.

Time limits of work and rest

1-A The activity of the seafarer is still subject, in alternative, to the maximum duration limit

of the work or the minimum limit of hours of rest according to the figures

following.

2-A The duration of the work, including supplementary work, may not be higher than:

a) 14 hours in each period of 24 hours;

b) 72 hours in each period of seven days.

3-The maritime shall be entitled to a period of rest not less than:

a) 10 hours in each period of 24 hours;

b) 77 hours in each period of seven days.

4-The 10 hours of rest cannot be divided by more than two periods owing

a period to be at least six hours long.

5-The range between two periods of rest, consecutive or interpolated, cannot be

higher than 14 hours.

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6-A option between the subjection of the activity of the seafarer to a working duration regime

or a regime of duration of the rest period is made by collective convention or

contract of employment or, failing that, by the shipowner.

7-The provisions of paragraphs 2 a to 5 may be sidelined by collective convention providing,

notably, more frequent and longer periods, compensatory rest for

enrolled seafarers in regime of rooms or seafarers on board of vessels affection to

short duration trips.

8-Constitute counterordinance grave the violation of the provisions of the n. ºs 2, 3, 4 or 5.

Article 11.

Rests

1-It is guaranteed a weekly day of rest of the seafarer on board.

2-The commander authorizes, when possible, the landing of the seafarer at the ports of

scale of the ship.

3-A preparation and the carrying out of fire fighting, evacuation and the

too much provided for by national legislation and by international rules and instruments

shall, as far as possible, be conducted in such a way as not to prejudice the periods of

rest or to cause fatigue in seafarers on board.

4-In the prevention situations, specifically to the venue of machines when this is

with no human presence, should the daily rest period be stopped, the sea

is entitled to paid compensatory rest equivalent to the hours of rest in

foul.

5-By collective convention, a compensatory rest may be instituted in the situations a

referred to in paragraph 3, as well as establishing a more favourable regime for the

maritime than that provided for in the preceding paragraph.

6-Constitutes serious counterordinance the violation of the provisions of the n. ºs 2, 3 or 4.

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Article 12.

Registration of working and rest times

1-The shipowner must have the updated records of the working times, including the work

supplementary, and of the rest times, keeping them for five years.

2-The record referred to in the preceding paragraph shall be drawn up in the Portuguese language or

in the language or working languages of the vessel, as well as in English, according to the

model to be approved by porterie of the Government members responsible for the areas

labour and the sea, which will take into account the guidelines drawn up within the framework of the

International Labour Organization.

3-Must be delivered to the seafarer, monthly, a copy of the records that to him

respect, initialed by the ship's commander or his representative, as well as by the

own maritime.

4-The shipowner shall transmit, to the competent authorities who request it, information

on the records as well as on overnight seafarers or who prestakes work in

regime of rooms.

5-Constitutes serious counterordinance to the violation of the provisions of paragraphs 1 or 2 and constitutes

lightweight counterordinance the violation of the provisions of the n. ºs 3 or 4.

Article 13.

Uninterrupted work in port

1-In port, the uninterrupted work on board for ship safety and maintenance and

regularity of services is ensured in regime of rooms, and shall not be less than

four hours a day in port of scale or eight hours a day in port of

armament.

2-In the situation referred to in the preceding paragraph, the seafarer is entitled to rest of duration

equal to twice the hours of work provided.

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3-The rest referred to in the preceding paragraph shall be enjoyed after the provision of

work or, being such unviable by imperious ship operating requirements, in the

port of armament at the end of the journey, or increased on holiday or still remnant the

money.

4-In coastal vessels, the rest referred to in paragraph 2 may still be enjoyed

by agreement in any national port.

5-In the situation referred to in the second part of paragraph 3, the choice may be regulated by

collective convention or individual agreement or, in its absence, by the employer.

6-Constitute counterordinance grave the violation of the provisions of the n. ºs 1, 2, 3 or 4.

Article 14.

Nightly work of minor

1-The minor cannot provide work on board between the 22 hours of a day and the seven hours

of the following day, or in period provided for in collective work regulation of, by the

less, nine consecutive hours that covers a range between zero and

the five hours.

2-The smallest can provide nightly work:

a) To the extent necessary for their effective training in the framework of programs and

established times, provided that it does not occur in the range between the

zero and the five hours;

b) When it is indispensable to prevent or repair serious injury to the vessel,

due to the abnormal and unpredictable fact or the excecional circumstance yet

predictable, whose consequences could not be avoided, as long as there is no other

maritime available and for a period not exceeding five working days.

3-In the situation referred to in point b ) of the previous number, the minor is entitled to a

equivalent period of compensatory rest, to enjoy in the following three weeks.

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4-Constitutes serious counterordinance to the violation of the provisions of this Article.

Article 15.

Safety or distress to ship, persons or cargo

1-The commander may require the seafarer to pay the necessary work to safety

immediate from the ship, persons on board or cargo or to soccur other vessels or

people in distress at sea, and may the commander, to that effect, suspend the

normal rest times and require seafarers to provide the working hours

necessary to the normalization of the situation.

2-The seafarer who has provided work, in the terms of the preceding paragraph, during a

period of rest is entitled to enjoy the time of rest in foul, as soon as

possible.

3-The work provided in accordance with paragraph 1 does not confer, if outside of working hours,

right to any payment.

4-The provisions of the preceding paragraphs shall apply to life-saving exercises, of extinction of

fires or other similar, as well as the work required by formalities

customs, quarantine or other health provisions.

5-Constitutes serious counterordinance to the violation of the provisions of paragraph 2.

Article 16.

Movement of cargo and groceries

1-In port, when there are no specialized personnel on land, the seafarers

may exercise functions of moving and tidying loads on board or from

movement of groceries off the ship.

2-The work provided in the situation referred to in the preceding paragraph, during the time of

work, confers right to specific payment regulated by collective convention or

contract of employment.

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3-Constitute counterordinate grave the violation of the provisions of the preceding paragraph.

Article 17.

Right to holiday

1-The maritime holiday scheme is the one set out in the Labour Code, approved by the

Law No 7/2009 of February 12, without prejudice to the provisions of the following paragraphs.

2-The annual holiday period has the minimum duration of two and a half consecutive days per

each month's duration of the employment contract, or proportionally in the case of month

incomplete.

3-Unless otherwise agreed or the provisions of instrument of collective regulation of

work, vacations are granted to the seafarer at the port of armament, in the locality of

seat of the shipowner or at the port of recruitment, by having the choice to the shipowner.

4-The seafarer is entitled to the passages to and from the place of holiday, on account of the

armor, in means of transport to the choice of this.

5-A The duration of travel to and from the holiday enjoyment site is not included in the period of

holiday, save if the seafarer uses more time-consuming means of transport than the

indicated by the shipowner.

6-Constitute counterordinance grave the violation of the provisions of the n. ºs 2 a to 4.

Article 18.

Falters by reason of passing on spouse, relative or afim

In the event of a death of a spouse, relative or affixed or person in a de facto union or

in common economy, the seafarer may exercise the faculty of skipping upon arrival at

port of scale or the port of armament or recruitment.

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Article 19.

Retribution

1-The benefits due to the seafarer, in return for their work, are due by

certain and equal periods, not greater than one month, save for holiday allowances and

Christmas.

2-A The consideration shall, unless otherwise stipulated or in the event of bank deposit, be

pays in the port of armament or disembarkation of the seafarer.

3-The document to be delivered to the seafarer until the payment of the consideration shall state,

in addition to the elements referred to by the Labour Code, approved by Law No 7/2009,

of February 12, the conversion rate used in case the payment is effected in

currency other than the agreed one.

4-The shipowner, at the request of the seafarer, shall make the payment of the whole or part

of the consideration the person who this designates.

5-The cost of the service referred to in the preceding paragraph, if it is charged to the maritime,

should be of a reasonable amount.

6-In the situations referred to in paragraphs 3 and 4, should the payment be made in currency

different from the agreed, the conversion should be based on the current rate of the market or the

official rate as it is more favorable for the seafarer.

7-Constitute counterordinance leads to violation of the provisions of paragraphs 3, 4 or 5 and constitutes

serious counterordinance the violation of the provisions of the preceding number.

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Article 20.

Repatriation

1-The seafarer is entitled to repatriation in the following situations:

a) Termination of the employment contract, save in case of denunciation of the same by part

of the maritime;

b) Sickness, accident or other situation of a clinical nature that is impaired by the

your stay on board;

c) Shipwreck;

d) Piracy;

e) Suspension of the contract of work for non-payment punctual payment;

f) Suspension of employment contract in situation of the shipowner's business crisis;

g) Refusal to travel to war zone;

h) After one or more boarding periods that peruse 11 months and 15 days of

duration.

2-Maritime may exercise the right referred to in the preceding paragraph by communication

to the shipowner or his representative in the 10 days subsequent to the constitution of the right.

3-The repatriation is organized by the shipowner, who bears the respects expenditure, and

understands, inter alia:

a) The journey by plane or other fast and appropriate means of transport to the site

of destination;

b) Accommodation and food from the disembarkation to the arrival at the site of

destination;

c) The retribution to which the seafarer would be entitled if it was boarded up, up to its

arrival at the place of destination;

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d) The transport of 30 kilograms of personal baggage to the place of destination;

e) The necessary medical treatment until the seafarer can travel to the site of

destination, or that this necessite during the journey;

f) The administrative costs arising from border control and eventual escorting,

in compliance with the legislation governing entry, exit, stay and

remoteness of Portuguese territory.

4-The shipowner may not receive from the seafarer any amount in advance title

to cover the expenses of the repatriation, although it may require the seafarer to refund

of the same when the situation giving rise to it is attributable to this, as well as

offset this amount with the consideration or other claims from the maritime.

5-The provisions of paragraph 3 shall be without prejudice to the right of the shipowner to demand the third party payment

of the expenses effected with the repatriation, on the basis of contractual provisions or

in civil liability.

6-A competent Portuguese authority closest to the landing site must

organize and cost the repatriation:

a) In case the shipowner does not do so, in relation to the seafarer who is servicing the ship of

Portuguese flag;

b) In case the shipowner or the flag State of a ship does not do so in relation to

Portuguese maritime, as well as the foreign seafarer who should be repatriated to

from the national territory.

7-The Portuguese State may require the payment of the expenses effected with the

repatriation to the shipowner or the flag state, respectively, in the case of the

point ( a ) or b ) of the previous number.

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8-In the situation referred to in the preceding paragraph and as long as the payment is not effected, the

DGRM may proceed to the detention of the vessels of the shipowner involved, taking into account the

applicable international instruments, or request the competent authority of another

State that proceed to the same.

9-To guarantee the payment referred to in the preceding paragraph, the shipowner shall constitute a

collateral in the value corresponding to three months of the guaranteed monthly minimum consideration

by each worker on board, which in total cannot be less than 100 months, upon

deposit, bank guarantee or insurance contract in favour of the competent service of the

Ministry responsible for the area of the sea.

10-Constitutes serious counterordinance the violation of the provisions of the n. ºs 3 or 9.

Article 21.

Disease and accident

1-The shipowner must ensure the treatment by paying the respects burdens, from the sea

that, being on travel, you suffer natural illness or accident that is not of work and

in need of treatment on land outside the national territory, including care

essential dental.

2-For the purposes of the provisions of the preceding paragraph, the shipowner shall ensure the accommodation and the

food to the seafarer during the period of treatment, on board, on land or waiting

of being repatriated.

3-The seafarer who has intentionally concealed at the time of admission sickness or

injury, or when these are resulting from deliberate acting, are entitled to the benefits

to which the previous figures are referred, owing to the shipowner of the respective

cost.

4-The unbeneficiary seafarer of the National Health Service has access, under conditions

identical to those of the beneficiary, to the institutions of that for the purposes of protecting health and

of medical care, including essential dental care.

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5-Compete the shipowner to ensure the health care payments provided in case

of natural illness or accident other than work, under the previous number.

6-The scheme for the repair of accidents at work and occupational diseases is listed

specific legislation.

7-In the event of illness or accident of the seafarer on board that makes it impossible to provide

activity, the shipowner must pay that:

a) The consideration or the difference between this and the sickness benefit or the compensation

by temporary disability for the work resulting from an accident of work or

occupational disease, during the period in which the seafarer is on board or

landed in waiting to be repatriated;

b) After the period referred to in the preceding paragraph and if the seafarer is not entitled to the

allowance or to the indemnity provided for it, an amount equivalent to the first

or, not being this determinable, corresponding to half of the retribution, during

16 weeks from the onset of the disease or the accident.

8-The provisions of the preceding paragraph shall not apply if the accident does not constitute an accident of

work, or should the disease or the accident result from intentional act of the seafarer.

9-Should the seafaring service of rooms suffer from health problems arising from the

night work provision, verified in periodic or occasional medical examination, the

armor must, as soon as possible, transfer it to a daytime job posting

suitable.

10-Constitutes serious counterordinance to the violation of the provisions of paragraphs 1, 2, 5 or 9 and constitutes

very serious counterordinance to the violation of the provisions of paragraph 7.

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Article 22.

Expiry of the fixed-term contract

1-When the seafarer has been hired by a deadline corresponding to the duration

estimated from the trip, the contract of work lapses:

a) Elapsed the time required to complete the journey, if higher than the term

contracted;

b) In the event of a shipwreck, completed work on the salvation of persons and

goods;

c) In the event of an accident or cause of force majeany, as soon as the vessel has been

put into safety;

d) Being the vessel admitted to free practice, fundeed, tied or

unloaded at the port where the contract must end, unless stipulating in

contrary.

2-The contract also lapses when the facts referred to in points b ) and c ) of the number

previous to occur before the term of the deadline convened.

Article 23.

Benefits in the event of a breakdown, loss of ship or shipwreck

1-The shipowner shall indemnify the seafarer for damage damage resulting from failure,

loss of ship or shipwreck.

2-The provisions of the preceding paragraph shall be without prejudice to the compensation due in the event of

termination of the contract of employment and the repair of emerging damage from accident of

work, resulting from loss of ship or shipwreck.

3-Constitutes serious counterordinance to the violation of the provisions of paragraph 1.

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Article 24.

Payments arising from the passing of the seafarer

1-If the seafarer fails his successors are entitled to the respectful retribution to the last

day of the month following the one in which the demise has occurred.

2-If the seafarer is to be deceased in service, as a result of a rescue operation of the

ship, your successors are entitled to their respective retribution until the end of the journey if it

end after the deadline referred to in the preceding paragraph.

3-In the event of a failure of the seafarer not resulting from an accident of work or illness

professional, it is incumbent on the shipowner to pay the funeral expenses, in the part where

exceed the value of the subsidy allocated by social security, with the limit set out in the

scheme for the repair of accidents at work and occupational diseases.

4-Constitute very serious counterordinance the violation of the provisions of the n. ºs 1 or 2 and

constitutes serious counterordinance to the violation of the provisions of the preceding paragraph.

Article 25.

Guard of goods left on board

1-The shipowner must guard the goods left on board by the sick, rugged seafarer or

deceased and ensure their delivery to their own or their family members.

2-Constitute counterordinate grave the violation of the provisions of the preceding paragraph.

Article 26.

Complaint procedure on board

1-The seafarer may present, to the responsible of whom directly pluccid, oral complaint

or writing, on any occurrence that violates mandatory provisions of the legislation

relating to the matters provided for in the Convention, in the course of the occurrence or in the period

continuous five days from your term.

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2-The direct officer of the seafarer must decide the subject matter of the complaint, if it has

competence to the effect, or to transmit it immediately to the competent officer.

3-A The decision on the complaint should be communicated to the maritime on the continuous period of five

days, and may the responsible extend it for three more days, if the complexity of the

matter to be required, and in this case shall inform the seafarer before the expiry of the term

initial.

4-If, within the period referred to in the preceding paragraph, there is no response or this is not

satisfactory, the seafarer may, in the five later days, submit the complaint to the

commander, specifying, where appropriate, the reason for his dissatisfaction.

5-It shall apply to the decision of the Commandant to be disposed of in paragraph 3.

6-If the complaint is not decided on board, the seafarer may submit it to the shipowner, which

has a time limit of 15 calendar days to decide, and may, if necessary,

consult the seafarer concerned or a representative.

7-The provisions of the preceding paragraphs shall be without prejudice to the right of the seafarer to present

complaint directly to the commander or, on the grounds of matter, to the authority with

competence for the certification of national vessels and seafarers or the service with

inspection competence of the ministry responsible for the labour area.

8-The seafarer may request another seafarer with appropriate knowledge that if

find on board confidential and impartial advice on the procedures of

complaint to which you can appeal.

9-The seafarer has the right to be assisted or represented by another seafarer of his

choose that you find yourself on board the same ship in any act regarding the

complaint procedure.

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10-The shipowner shall deliver to the seafarer, at the time of the conclusion of the contract or

upon the entry into force of this Law, a document that describes the

complaint procedures on board the vessel and indicate the contacts of the authorities

competent, as well as, where appropriate, the name of the employees who may

provide advice in accordance with paragraph 8.

11-The complaints and respect decisions must be recorded, a copy being remitted

from the same to the maritime in question.

12-Any form of reprisal or treatment most unfavorable to the

worker who has filed complaint.

13-Constituent serious counterordinance, attributable to the shipowner, the violation of the provisions of the

n. ºs 2, 9 or 12 and constitutes mild counterordinate, attributable to the shipowner, the violation of the

provisions of paragraphs 3, 10 or 11.

Article 27.

Documents available on board

1-A board of ship that tree the Portuguese flag shall be available exemplary

of the employment contracts and the contracts for the provision of service of the persons

contractors who work on board, as well as of this Law, of the Convention, of the

instruments of collective work regulation applicable to the first and the

agreement concluded by the ECSA and the ETF, relating to the Convention, and the Annex to the Directive

n. 2009 /13/CE of the Council of February 16, 2009.

2-Should still be available English translations of the contracts referred to in the

previous number, the standards of this Act relating to the repatriation, the rules of the

collective regulation of work that can be the object of inspection by the authority

competent of the port in which the vessel makes scale and of the agreement entered into by the ECSA and

by the ETF referred to in the preceding paragraph, for consultation of the said authority and the

people who work on board, including the commander.

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3-The provisions of the preceding paragraph shall not apply to ship which arvore Portuguese flag and

that only effectue domestic travel.

4-The ship shipowner referred to in Article 33 (1), which harbreads the flag

Portuguese, must keep on board the valid maritime work certificate and, in

attachment, the declaration of compliance of the updated maritime work, or the certificate

provisional of valid maritime work, as well as to affix them in a very visible place.

5-The shipowner shall provide copy of the documents referred to in the preceding paragraph, well

how of the respect translation in English language, should the ship effectuate travel between ports

from different countries, to the competent authorities, to seafarers and associations

nationals representative of shipowners and seafarers who request it.

6-Constitute counterordinance grave the violation of the provisions of the n. ºs 1, 2, 4 or 5.

Article 28.

Affixing of documents

1-Must be affixed in accessible location of the ship:

a) The scale of service to be navigated or at the port;

b) The maximum number of hours of work or the minimum number of hours of

rest prescribed by national legislation or by collective labour convention

applicable.

2-A information referred to in the preceding paragraph shall be drawn up in the Portuguese languages and

english, according to the model approved by the porterie of the members of the Government

responsible for the labour and sea areas.

3-Stay waived from the affixing of the documents provided for in the preceding paragraphs

ships which, by their charateristics, do not enable such affixing, and the shipowner shall

ensure that the documents are available on board.

4-Constitute counterordinance leads to violation of the provisions of this article.

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Article 29.

Compliance with the Convention by recruitment and placement services

Shipowners must make sure, as far as possible, that the services of

recruitment and placement, public or private, established in states that do not

have ratified the Convention, whose services use for recruitment and placement of the

seafarers on board Portuguese flag ships, respect the prescriptions of the same

Convention.

Title III

Responsibilities of the State

CHAPTER I

Responsibilities as a flag State

Article 30.

Compliance with the Convention on ship that harbours the Portuguese flag

1-Compliance with the obligations arising from the legislation on the intended matters

in the Convention, on ship that tree the Portuguese flag, is secured through a

inspection and certification system of the conditions of maritime work.

2-The inspection system and the certification referred to in the preceding paragraph are ensured

by the authority with competence for the certification of national vessels and seafarers.

3-A inspection and certification, when they are not directly effected by the authority

referred to in the preceding paragraph, may be carried out by recognized organizations,

previously authorized by that authority, in the terms of the following numbers, no

leaving the authority to always maintain full responsibility for the inspection of the

living and working conditions of seafarers on board the vessels flying the

national flag.

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4-The recognized organizations referred to in the preceding paragraph shall:

a) Be qualified as recognized organizations, pursuant to the Regulation

(EC) No 391/2009, of the European Parliament and of the Council, of April 23 of

2009, pertaining to the common rules for survey and inspection organizations of

ships;

b) Possess competence and independence for the exercise of the inspection activities and

certification, namely:

i) Technical skills and appropriate knowledge about functioning

of the vessels, including the minimum conditions required for the work to

board of the vessels, the conditions of employment, the accommodation, the facilities of

leisure, food and table service, the prevention of accidents, the

health protection, medical care, welfare and protection in

social security matter;

ii) Appropriate knowledge of the legislation referred to in paragraph 1;

c) Be authorised for the purpose by the authority with competence for the certification

of national ships and seafarers, upon written agreement.

5-To the authorisation referred to in point c) of the previous number, as well as the organization

recognized and authorized, the provisions of Articles 7 to 10, 12, 13, 13, para.

2 a to 5 of Article 14 and in the paragraphs d ) a f ) of paragraph 1 and in paragraphs 2 a to 7 of Article 15 of the

Decree-Law No. 13/2012 of January 20, with due adaptations.

6-Constituent counterordinance punishable in the terms of the proadmium of Article 15 (1) of the

Decree-Law No. 13/2012, of January 20, the carrying out of inspections or the issuance of

certificates by organization not recognized, or unauthorized for the purpose of, or whose

authorization is suspended.

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7-A permission granted to recognised organisations referred to in paragraph 3 shall, in

inspection matter, cover at least the competence to require the correction of

deficiencies relating to the working and living conditions of seafarers who the same

have found and to effect inspections on such matters at the request of the authority

competent of the port in which the ship does scale.

8-A authority with competence for the certification of national ships and seafarers shall

give notice to the International Labour Secretariat of the identification of the

recognized and authorized organizations, of the type and scope of the respective authorization and

of any changes that occur.

Article 31.

Inspections

1-The personnel of the authority with competence for the certification of ships and seafarers

national and recognized and authorized organizations may, in the performance of duties

of inspection:

a) Climbing on board the ships that fly the Portuguese flag;

b) Carry out examinations, tests or enquiries that you judge necessary to verify that

the provisions of the legislation implementing the Convention are complied with;

c) Require the correction of deficiencies;

d) In the case of serious infraction to the provisions of the legislation referred to in paragraph b)

or of serious risk to the safety or health of seafarers on board, proceed to the

necessary representations to prevent the departure of the ship, until the

appropriate measures to correct the situation;

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e) Where there is no infraction manifests itself to the provisions referred to in paragraph b)

that endanger the safety or health of seafarers on board, nor

background of similar infractions, provide information, technical advice or

recommendations rather than promoting the application of sanctions.

2-The recognized organizations cooperate with state control administrations

of the port whenever a Portuguese flag ship is concerned by them

classified, in particular so as to facilitate the rectification of the impairers lying in the

that respects the living and working conditions of seafarers.

3-In the event of a complaint that it is not manifestly unfounded, or there is evidence that

a ship that harbors the Portuguese flag does not comply with the provisions of the legislation that

applies the Convention, or that it presents serious flaws in the implementation of the measures

set out in the declaration of conformity of maritime labour, the authority

competent or, at the request of this, the recognized and authorized organization shall ascertain the

question and make sure that steps are taken to remedy the shortcomings

found.

4-The staff referred to in paragraph 1 shall preserve the confidentiality of the origin of

any complaint, complaint or complaint about hazards or deficiencies that may

to compromise the living and working conditions of seafarers on board, or violation of the

legislation referred to in point b) of paragraph 1.

5-To the staff referred to in paragraph 1 shall not be assigned tasks in number or

nature such that they are susceptible to prejudice to the effectiveness of the inspection or its

authority or impartiality with respect to shipowners, seafarers or any

another stakeout.

6-The staff referred to in paragraph 1 shall:

a) Have adequate training;

b) Do not have any interests, direct or indirect, in the activities inspected;

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c) Guarding professional secrecy, even after leaving the service, may not reveal

manufacturing or trade secrets, exploration processes or information of

personal nature of which you have knowledge by virtue of the performance of your

functions.

7-The staff referred to in paragraph 1 shall draw up report of the inspection carried out,

referring copy to the commander, in English and in Portuguese, when this is the language

of the work of the vessel, as well as the representatives of the seafarers who request it.

8-A recognized organization must send the authority with competence to the

certification of national vessels and seafarers copy of the drawn up inspection report

by your staff.

9-The commander shall affix copy of the report in the language or languages in which he receives it in

accessible location of the ship.

10-A authority with competence for the certification of national ships and seafarers shall

conserve the records of inspections carried out and publicise, in the first half of each

year, the report of the previous year's inspections activity.

11-Enquiries and inspections should be conducted with due diligence and in such a way as to

vessel shall only be held or withheld to the extent strictly necessary.

12-Constituent serious counterordinance, attributable to the recognized and authorized organization, the

breach of the provisions of paragraph 2 and 5, in the second part of paragraph 7 and paragraph 11, and constitutes

light counterordinate, attributable to the shipowner, the violation of the provisions of paragraph 9.

Article 32.

Registration of the result of inspections

1-The shipowner must:

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a) Keep the record of the results of inspections and other checks

later, of the important anomalies observed, of the dates in which it proceeded to

your correction, as well as your English language translation if you travel

between ports of different countries, in annex to the declaration of conformity of the

maritime work;

b) Allow the consultation of the registry to the competent authorities, to the seafarers, to the

trade union associations representing them and employers ' associations

representative of shipowners.

2-Constitutes serious counterordinance to the violation of the provisions of this Article.

Article 33.

Certificate of maritime work and declaration of compliance of the work

maritime

1-The ships of gross tonnage equal to or greater than 500 that fly the flag

portuguese and take trips between ports of different countries, or that operate from

of a port or between ports in another country, must possess a work certificate

maritime and a declaration of conformity of maritime work, or a certificate

provisional of maritime work, pursuant to this chapter.

2-The shipowner of ship not covered by the provisions of the preceding paragraph which harbl the

Portuguese flag may request the issuance of certificate of maritime work and of

declaration of conformity of maritime work, or provisional certificate of

maritime work, in the terms of this chapter.

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Article 34.

Requirements and issuance of the certificate and declaration

1-A issuance of the maritime work certificate and the declaration of conformity of the

maritime work, as well as the renewal of the first, depend on the verification,

through inspection to the vessel, compliance with the regulatory standards of the following

subjects:

a) Minimum age;

b) Medical certificates;

c) Qualifications of seafarers

d) Contracts for work on board;

e) Recourse to private services for the recruitment and placement of seafarers on board;

f) Duration of work or hours of rest;

g) Lotation of the ship;

h) Accommodation;

i) Welfare facilities on board;

j) Food and table service;

k) Health, safety and prevention of accidents;

l) Medical care on board;

m) Procedure of complaint on board;

n) Payment of retributions.

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2-A inspection for issuance of maritime work certificate shall be done during the

term of validity of the provisional certificate of maritime work and is subject to the

provisions of the previous number.

3-A declaration of compliance of the maritime work comprises:

a) A Part I, which indicates the points that must be inspected according to the

n. 1, the standards of national law that give compliance to the provisions

binding of the Convention, relating to the said points, and, being the case, the

standards of national legislation referring to certain categories of ships;

b) A Part II, which indicates the measures instituted by the shipowner to ensure the

permanent respect of the standards of the national legislation referred to in point

previous in the periods between inspections, as well as to promote improvement

continuous of the living and working conditions on board.

4-A competent authority for the certification of national vessels and seafarers or, being

case, the organizations recognized and authorized for the purpose:

a) They are effecting the inspections of the vessels, referred to in paragraph 1;

b) Issue the maritime work certificate and the interim certificate of work

maritime and renew the first;

c) Issue Part I of the declaration of compliance of maritime work and certify

the part II, after its filling by the shipowner.

5-The models of certificate and the declaration to which the previous figures relate

are listed in Annexes I to III to this Law, of which they form an integral part.

6-A authority with competence for the certification of national vessels and seafarers

keeps the public record of the certificates and statements issued and the vessels to which

respect.

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Article 35.

Validity of the certificate

1-The maritime work certificate is valid for a period of five years, without prejudice

of the provisions of the following number.

2-A The validity of the certificate of maritime work depends on the achievement of an inspection

to the vessel, to be carried out between the second and the third anniversary of the date of the certificate, on

the subjects referred to in paragraph 1 of the preceding Article, with a favourable result.

3-The result of the inspection referred to in the preceding paragraph shall be averaged in the

certificate.

4-It is considered the anniversary date of the certificate the day and the month of each year

corresponding to the date of validity of the maritime work certificate.

Article 36.

Renewal, expiry and revocation

1-A renewal of the maritime work certificate depends on inspection with result

favorable.

2-The period of validity of the new certificate starts on the date of the inspection and ends five

years after:

a) The expiry of the validity of the previous period, should the inspection be effected during the

last three months of that;

b) The inspection, in case this is effected before the last three months of validity of the

previous period.

3-The certificate of maritime work shall lapse:

a) If no inspection is made as referred to in paragraph 2 of the preceding Article;

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b) If it is not averaged the favourable outcome of the said inspection according to the

n. 3 of the previous article;

c) If the ship cees to be of Portuguese flag;

d) If the shipowner ceases the operation of the ship;

e) If there are major modifications to the structure or equipment of the ship

relating to accommodation, leisure spaces, food and table service, which

they would constitute grounds for the non-issuance of the certificate.

4-In the situation provided for in points c ), d ) or and ) of the previous number the issuance of new

certificate depends on an in-depth inspection with favorable result, to be carried out

pursuant to Article 38.

5-A competent authority or, being the case, a recognized organization in the

terms of Article 30 (4) shall revoke the maritime work certificate when the

ship's shipowner cease to respect in a serious and repeated manner the requirements of which

depends on the respect issue and does not take any corrective measure.

6-If the ship is to cease to harbouring the Portuguese flag, the competent authority shall, soon

which possible, send copies of the maritime work certificate and the declaration of

compliance of maritime work relating to the vessel to the congennere authority of the

State of the new flag, provided that this has ratified the Convention.

Article 37.

Interim certificate of maritime work

1-Can be issued interim certificate of maritime work, with a period of

validity of six non-renewable months, in the following situations:

a) When the delivery of new ship to the shipowner;

b) When the ship changes to the Portuguese flag;

c) When an shipowner first takes over the exploration of a ship.

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2-The provisional maritime work certificate is issued after an inspection of the vessel

that you check, as far as possible, the prescriptions regarding working conditions and

of life provided for in Article 34 (1) and taking into account:

a) The proof on the part of the shipowner that on the ship apply the procedures

appropriate to ensure compliance with the regulatory standards of the subjects to

that the certificate refers to;

b) The knowledge on the part of the commander of the regulatory standards of the subjects to

that the certificate refers to and of its duties having regard to the respect

application;

c) The information submitted to the competent authority for the issuance of the declaration

of compliance of maritime work.

3-During the period of validity of the provisional certificate is not required the declaration of

compliance of maritime work.

4-It shall apply to the provisional certificate the provisions of the paragraphs c ), d ) and and ) of paragraph 3 and in paragraph 4

of the previous article.

CHAPTER II

Responsibilities of the State of the port

Article 38.

Inspection of foreign flag ships

1-Any ship that arvore foreign flag and meet in port or fundeadgold

national in the normal course of their activity or for reasons inherent in their exploitation

can be inspected by DGRM to check:

a) Should the ship fly the flag of a State which has ratified the Convention, the

compliance with the mandatory provisions of the same, specifically those concerning

to conditions of life and work on board;

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b) Should the ship fly the flag of a state that has not ratified it

Convention, if maritime respects benefit from equal treatment or

more favourable than that arising from the implementation of the mandatory provisions of the

same Convention.

2-In the case of ship flying the flag of a State which has ratified the Convention,

the inspection to which the preceding paragraph is concerned consists in the verification of the regularity of the

certificate of maritime work and the declaration of conformity of maritime labour,

which attests, unless proven otherwise, compliance with the mandatory provisions

of the same Convention, except in cases where an in-depth inspection is required.

3-The criteria for inspection by the control of the port state of the vessels that arvort

foreign flag, as well as the procedure of inspection, detention and of

challenge, are set out in Decree-Law No. 27/2015 of February 6.

Title IV

Supplementary, transitional and final provisions

Article 39.

Urgent health care

1-The unbeneficiary seafarer of the National Health Service, affection of the ship that se

find in national port, have access to the institutions of that service for the purposes of

urgent health care.

2-Compete the shipowner to ensure the health care payments provided to the

shelter from the previous number.

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Article 40.

Welfare facilities

1-The creation of welfare facilities in the considered ports should be encouraged

relevant, accessible to all seafarers, without discrimination, regardless of the

Flag state of the ship, preceded by consultation with national associations

representative of shipowners and seafarers.

2-The facilities referred to in the preceding paragraph shall be examined on a regular basis.

mode to promote their adaptation taking into account the changing needs of the

seafarers, with the participation of representatives of seafarers and public entities

and private persons responsible for their functioning.

Article 41.

Detention of ship at the request of another State

At the request of the competent authority of another State which has ratified the Convention, or

which is a member of the European Union, DGRM proceeds to the detention of a ship while

no expenses are paid for the expenses effected with the repatriation, effected by the said

State, of maritime affection to that ship.

Article 42.

Fees and reimbursement of expenses

1-Are subject to the payment of fee the following acts:

a) Inspection of ships that fly Portuguese flag for issuance of the certificate

of maritime work, maintenance of its validity or renewal of it;

b) Issuance and renewal of the maritime work certificate;

c) Issuance of the interim certificate of maritime work;

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d) Issue of Part I and certification of Part II of the declaration of conformity of

maritime work.

2-The rates referred to in the preceding paragraph shall be set by porterie of the members of the

Government responsible for the areas of finance and the sea.

3-The expenses related to the holding of ship, in the situations provided for in the present

law, shall be borne by the shipowner or his or her representative on national territory.

4-The proceeds of the fees revert to the entity that practices the corresponding act.

5-The amount corresponding to the reimbursement of the expenditure referred to in paragraph 3 revert

to the entity that effectuated them.

Article 43.

Counterordinational responsibility

1-The general regime of the counterordinational liability provided for in Articles 548 to 566.

of the Labour Code, passed by Law No. 7/2009 of February 12, applies to

infractions arising from the violation of this Law, without prejudice to the competences

legally assigned, in the Autonomous Regions, to the respects organs and services

regional.

2-The counterordinations provided for in this Law shall apply to the rules of procedure applicable to the

labour and social security counterordinations, approved by Law No. 107/2009, 14

of September, amended by Law No. 63/2013 of August 27.

3-Whenever the DGRM, in the development of its certification and inspection functions,

check evidence of the practice of counterordinational illicit, refers to the Authority for the

Conditions of the news self-news.

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Article 44.

Duration of the holiday period

1-The standards of the legal regime annexed to the Decree-Law No. 74/73 of March 1, amended

by Decrees-Leis n. ºs 104/89, of April 6, and 88/96, of July 3, and by the Law

n ° 114/99 of August 3 regulating periods of holidays of the highest duration of the

that the one provided for in Article 17 (2), shall continue to apply to maritime enrolors

as long as they are in the service of the shipowner to which they are bound on the date of the

entry into force of this Law.

2-Constitute counterordinate grave the violation of the provisions of the preceding paragraph.

Article 45.

Autonomous Regions

This Law shall apply to Autonomous Regions, without prejudice to the competences legally

assigned to the respective regional bodies and services.

Article 46.

Amendment to Decree-Law No 274/95 of October 23

Article 7 of the Decree-Law No. 274/95 of October 23, as amended by Law No. 133/99, of

August 3, goes on to have the following essay:

" Article 7.

Provision of medical care

1-The ship with at least 100 people on board and which is normally

journeys of more than three days must have a doctor on board in charge of the

health care.

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2-The remaining vessels must possess at least one seafarer properly

qualified responsible for the provision of medical care and administration

of the medications, or for the provision of first aid.

3-A The qualification of the seafarer referred to in the preceding paragraph shall be

obtained by training that is in accordance with the provisions of the Convention

International on Training, Certification and Service Standards of

Rooms for the Maritime, 1978 (STCW), as well as meet the duration and

the circumstances of the trips and the number of people on board.

4-A qualification of authorized recreational browsers, in the terms of the article

8. of the Regulation of Vessels Used in Maritime Activity-

Tourist, approved by the Decree-Law No. 149/2014 of October 10, the

integrate security lotions, in medical care and administration of the

medications and in the provision of first aid, is regulated by

would pore approved by the members of the Government responsible for the areas of the

sea, health and tourism. "

Article 47.

Amendment to Decree-Law No 260/2009 of September 25

Articles 23, 24, 28 and 29 of the Decree-Law No 260/2009 of September 25, amended

by Law No. 5/2014 of February 12, go on to have the following essay:

" Article 23.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

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d) [...];

e) [...];

f) To ensure the free of charge of services provided to the candidate

employment by not charging you, directly or indirectly, any

importancies in cash or in kind, including, in the case of

seafarers, the costs of visas necessary for the provision of work, the

which shall be in charge of the shipowner;

g) [...];

h) In the case of recruitment and placement of seafarers, check that the

same are holders of professional qualification and certification

required and that employment contracts respect the legislation and the

applicable collective conventions.

2-Without prejudice to the provisions of the paragraph f ) from the previous number, is up to the

seafarers assume the costs derived from obtaining the medical certificate,

of the professional certificates or other documentation required by the

exercise of the activity on board.

3-The agencies whose main object is the recruitment and placement of

seafarers must implement a quality management system.

4-Constitute very serious counterordinance the violation of the provisions of the provisions of the b )

and g ) of paragraph 1, punishable with fine of € 2800 a € 6000 or € 12000, consonant

treat yourself to a natural person or collective person.

5-[ Previous Article No 3 ].

6-[ Previous Article No 4 ].

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Article 24.

[...]

1-[...].

2-A agency shall still communicate, by way of electronically, to the competent department

by the consular affairs and Portuguese communities of the ministry

responsible for the area of foreign affairs, in the case of placement in the

foreign, within the minimum period of 15 days before the exit of the territory

national, with the necessary adaptations in the case of placement of seafarers:

a) [...];

b) [...];

c) [...];

d) [...].

3-[...].

4-A The agency must acaucise that the national citizen of third country candidate a

employment in national territory, with the exception of the seafarer, is holder of the

title of residence permit in Portugal, or other title that

allow the exercise of labour activity, in the terms set out in the legislation

applicable.

5-A agency that will proceed to the recruitment and placement of seafarers on board

must:

a) Constitute insurance, to be regular by porterie of the members of the

Government responsible for the areas of finance and labour, which ensures

the payment of compensation of the patrimonial damage caused

to seafarers for non-compliance with the obligations of the agency or

armor;

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b) Possess an up-to-date record of all seafarers recruited or

placed by their intermediate, for the purpose of inspection by the

competent authority;

c) Possess a system of assessment of complaints concerning your

activities, owing to the knowledge of the respect result to the

competent authority.

6-Constitute counterordinance grave the violation of the provisions, in the paragraphs 1, 2, 4 and 5,

punishable with fine of € 1200 a € 2600 or € 4000, depending on whether it is

singular person or collective person.

Article 28.

[...]

1-[...].

2-[...].

3-A agency that will proceed to the recruitment and placement of seafarers on board

must:

a) Informing jobseekers before the conclusion of contracts

of work on rights and duties arising from them;

b) Provide in the sense that the seafarer must have time

sufficient to analyse the contract of employment and advise on the

your content in such a way as to be properly informed about the

even before signing it, as well as that the contract is as per

with the applicable collective legislation and conventions and which is

celebrated in writing, in two exemplars, by staying one for each

part.

4-[ Previous Article No 3 ].

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Article 29.

[...]

1-[...].

2-[...].

3-In the supervision of agencies that carry out the recruitment and placement of

seafarers on board, the competent authority is accompanied, whenever

possible, by an inspector of the Directorate General of Natural Resources,

Security and Maritime Services. "

Article 48.

Amendment to Law No. 102/2009 of September 10

Articles 14, 21 and 77 of Law No. 102/2009 of September 10, amended by the Laws

n. 42/2012, of August 28, and 3/2014, of January 28, go on to have the following essay:

" Article 14.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-In the case of the enquiry referred to in paragraphs 2 or 3 respecting facts

occurred on a vessel covered by the Maritime Labour Convention, 2006,

the competent body may:

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a) Request the collaboration of the authority with specific competences in the

application of the legislation arising from the Convention;

b) It shall be incumbent upon its realization any of the entities referred to in (

previous.

7-The report of the survey referred to in the preceding paragraph shall be

completed and, in the situation referred to in point b) of the same number, shall

be delivered to the competent body as soon as possible and, in any

case, in the 30 days subsequent to the completion of the survey.

Article 21.

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-In company responsible for the operation of vessels covered by the

Maritime Labour Convention, 2006, the number of representatives of the

workers is determined as follows:

a) On each ship with five or more seafarers and less than 50, one;

b) On each ship with 50 a to 200 seafarers, three;

c) On each ship with more than 200 seafarers, five;

d) In relation to the remaining seafarers, the resulting from the application of the

previous number.

6-[ Previous Article No 5 ].

7-[ Previous Article No 6 ].

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8-[ Previous Article No 7 ].

Article 77.

[...]

1-[...].

2-[...].

3-[...].

4-The ship commander covered by the Maritime Labor Convention,

2006, represents the shipowner in the execution of the prevention activities,

regardless of the organization modality of the security service

and health at work.

5-[ Previous Article No 4 ]. "

Article 49.

Abrogation standard

They are revoked:

a) The Decree-Law No. 74/73, of March 1 amended by the Decrees-Laws 104/89,

of April 6, and 88/96, of July 3, and by Law No. 114/99 of August 3;

b) The Decree-Law No. 145/2003 of July 2.

c) Article 1 (3) of the Decree-Law No 260/2009 of September 25, as amended by the

Law No. 5/2014 of February 12.

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Article 50.

Entry into force

This Law shall enter into force on the day one of the second month following that of its publication.

Seen and approved in Council of Ministers of April 30, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX I

(as referred to in Article 34 (5))

Certificate of maritime work

REPUBLIC

PORTUGUESE

THE WORLD

REPUBLIC

CERTIFICATE OF MARITIME WORK

MARITIME LABOUR CERTIFICATE

(The present certificate shall be accompanied by a Declaration of Conformity of the

Maritime Work)

(This certificate shall have a Declaration of Maritime Labour Compliance attached)

Issued pursuant to Articles 33 and 34 of the Legal Regime of Labour the Bordo of

Ships, approved by (...), in accordance with the provisions of Article V and Title 5

of the Maritime Labor Convention, 2006 (hereinafter referred to as "the Convention") under the

authority of the Government of the Portuguese Republic, by

.........................................................................................................

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...................................

(full designation and full address of the competent authority or organization

recognized)

Issued under the provisions of Articles 34 and 35 of the Legal System of Work on board Ships and

Article V and Title 5 of the Maritime Labour Convention, 2006 (referred to below as "the Convention")

under the authority of the Government of the Portuguese Republic, by

.....................................................................................................................................................

(full designation of the State whose flag the ship is participating to fly)

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Characteristics of the ship / The Association of the ship

Name of the

Ship

Name of ship

Distinctive of the

Ship in

Number or

Letters

Distinctive

number or letters

Port of

Registration

Port of

registry

Date of

Registration

Date of

registry

Archaeation

Bruta¹

Gross tonnage¹

Number

IMO

IMO

number

Type of ship

Type of ship

Name and abode of the armador²

Name and address of the nerves ner²

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It is certified that:

This is to certify:

1 The ship was inspected and checked for its compliance with the requirements of the

Convention and with the provisions of the Declaration of Labor Compliance

Maritime attached.

That the ship has been inspected and verified to be in compliance with the requirements of the

Convention, and the provisions of the attached Declaration of Maritime Labour Convention.

2 The working and living conditions of seafarers, as specified in paragraph 1

of Art. 34 of the said Legal Regime and in accordance with Annex A5-I

of the Convention, correspond to the provisions of the national legislation that apply to

Convention. These national provisions are contained in the Declaration of Conformity

of Maritime Work, Part I.

That the seafarers ' working and living conditions specified in Article 35, n. 1 of the mentioned

Legal System of Work on board Ships, and in Appendix A5-I of the Convention were found to be

corresponding to the excellent country's national requirements implementing the Convention.

These national requirements are summarized in the Declaration of Maritime Labour Compliance,

Part I.

__________________________________________________________________________________

___________________________________

¹ For vessels covered by the transitional provisions relating to the archaeation adopted

by the IMO, the gross tonnage is the one shown in the heading OBSERVATIONS of the Certificate

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International of Arking of Ships (1969). (Article II. 1, c) of the Convention).

For ships covered by the tonnage measurement interim scheme adopted by the IMO, the gross tonnage is that

which is included in the REMARKS column of the International Tonnage Certificate (1969). See Article

II (1) (c) of the Convention.

² "Armor" designates the owner of the ship or any manager, agent or charterer the hull

nu, or other entity or person to whom the owner has ceded the exploitation of the ship

and that it has accepted the legal obligations incumbent upon the shipowner further than other

entities or persons comply with them on their behalf. (Article II.1, j) of the Convention).

Activist ner means the owner of the ship or another organization or person, such as the manager, agent or

bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who,

on assuming such responsibility, has agreed to take over the duties and responsibilities of the duties on ship-

owners in accordance with this Convention, regardless of whether any other organizations or persons

certain of the duties or responsibilities on behalf of the inner ner. See Article II (1) (j) of the Convention.

The present certificate is valid until ................................., without prejudice to inspections

carried out in accordance with the said Legal Regime and in accordance with the

provisions of the Norms A5.1.3 and A5.1.4 of the Convention.

This Certificate is valid until ... subject to inspections carried out according to the mentioned Legal System

and in accordance with Standards A5.1.3 and A5.1.4 of the Convention.

The present certificate is only valid when accompanied by the Declaration of

Compliance of Maritime Work issued in ...... (local and date).

This Certificate is valid only when the Declaration of Maritime Labour Compliance issued at ......... on

......... is attached.

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Date of the inspection on the basis of which the present certificate has been issued:

Completion date of the inspection on which this Certificate is based was:

Issued on ................................. a .................................

Issued at ................................. on ..............................

Signature of the person duly authorized to issue the certificate

Signature of an authorized official appointed the certificate

(Seal white or stamp of the issuing authority, as appropriate)

(Seal or stamp of authority authority, as appropriate)

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AVERAGES FOR MANDATORY INTERMEDIATE INSPECTION AND, IF

APPLICABLE, SUPPLEMENTARY INSPECTION

ENDORSEMENTS FOR MANDATORY INTERMEDIATE INSPECTION AND, IF

REQUIRED, ANY ADDITIONAL INSPECTION

SOME-IF the ship has been inspected in accordance with the said Regime

Legal and in accordance with the provisions of the Standards A5.1.3 and A5.1.4 of the

Convention and that the working and living conditions of seafarers specified in paragraph 1

of the Article 34, of the said Legal Regime, in accordance with Annex A5-I of the

Convention, were deemed to be in accordance with the requirements of the national legislation which

Apply the Convention.

This is to certify that the ship was inspected according to the mentioned Legal System and in accordance

with Standards A5.1.3 and A5.1.4 of the Convention and that the seafarers ' working and living

conditions specified in Article n. º.35, para. 1, of the mentioned Legal System, and in accordance with

Appendix A5-I of the Convention were found to be found to have been found to be a country's national

requirements implementing the Convention.

Intermediate inspection: Location:

Date:

Intermediate inspection: Place:

Date:

(to be between the second and third anniversary dates of the certificate)

(to be completed between the second and third anniversary dates)

Signature (signature of the authorized person)

Signed (Signature of authorized official)

(Seal white or stamp of the issuing authority, as appropriate)

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(Seal or stamp of authority authority, as appropriate)

ADDITIONAL AVERBINGS (IF APPLICABLE)

ADDITIONAL ENDORSEMENTS (IF REQUIRED)

SOME-IF the ship has been subject to an additional inspection for verification of its

compliance with the national requirements that apply the Convention, in accordance with the

provisions of paragraph 3 of Standard A3.1, of the Convention (new registration or substantial change of the

accommodation) or for other reasons.

This is to certify that the ship was subject to an additional inspection for the purpose of verifying that the

ship continued to be in compliance with the national requirements implementing the Convention, as required

by Standard A3.1, paragraph 3, of the Convention (re-registration or substantial alteration of

Ickness) or for other reasons.

Additional inspection (if applicable) Location:

Date:

Additional inspection (if required) Place:

Date:

Signature (signature of the authorized person)

Signed (Signature of authorized official)

(Seal white or stamp of the issuing authority, as appropriate)

(Seal or stamp of authority authority, as appropriate)

Additional inspection (if applicable) Location:

Date:

Additional inspection (if required) Place:

Date:

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Signature (signature of the authorized person)

Signed (Signature of authorized official)

(Seal white or stamp of the issuing authority, as appropriate)

(Seal or stamp of authority authority, as appropriate)

Additional inspection (if applicable) Location:

Date:

Additional inspection (if required) Place:

Date:

Signature (signature of the authorized person)

Signed (Signature of authorized official)

(Seal white or stamp of the issuing authority, as appropriate)

(Seal or stamp of authority authority, as appropriate)

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ANNEX II

(as referred to in Article 34 (5))

Declaration of conformity of maritime work-Part I

(Note: this statement must be attached to the ship's maritime work certificate)

DECLARATION OF CONFORMITY OF MARITIME WORK-PART I

DECLARATION OF MARITIME LABOUR COMPLIANCE-PART I

(This Declaration shall accompany the Maritime Working Certificate of the Ship)

(This Declaration must be attached to the ship's Maritime Labour Certificate)

Issued under the authority of ... (full designation and full address of authority

competent, or of the recognized organization authorized for the purpose)

Issued under the authority of ...

(insert name of competent authority as defined in Article II, paragraph 1 (a), of the Convention)

The ship with the following characteristics:

NAME OF THE SHIP

Name of ship

IMO NUMBER

IMO number

GROSS TONNAGE

Gross tonnage

is explored in accordance with the provisions of the Standard A5.1.3 of the Labour Convention

CHAIR OF THE COUNCIL OF MINISTERS

70

Maritime, 2006.

is maintained in accordance with Standard A5.1.3 of the Convention.

The undersigned hereby declares, on behalf of the above-mentioned competent authority, that:

The undersigned declares, on behalf of the competent competent authority, that:

(a) The provisions of the Maritime Labor Convention are fully incorporated in the

national requirements below;

The provisions of the Maritime Labour Convention are fully embodied in the national requirements

referred to below;

(b) These national requirements are contained in the national provisions below;

explanations regarding the content of these provisions are provided, if necessary;

These national requirements are contained in the national provisions below; explanations

concerning the content of those provisions are provided where necessary;

(c) The details of any equivalent provision in the whole, applicable in the terms of the

n. paragraphs 3 and 4 of Article VI, are provided

nationals listed below> *;

The details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided