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Regulation (2016:1044) Concerning Working Time For Inland Waterway Vessels

Original Language Title: Förordning (2016:1044) om arbetstid vid inlandssjöfart

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General provisions



section 1 of this regulation is notified under section 8 of the Act – the second paragraph (2016:960) concerning working time for inland waterway vessels, in the case of paragraph 3,



– paragraph law on working time for inland waterway vessels, in the case of section 5,



— paragraph 16 of the law on working time in inland navigation in terms of §§ 7-12, and Chapter 8. section 7 of the Constitution in respect of the other provisions.



section 2 of the Expressions of this regulation have the same meaning as in the Act (2016:960) on working time at inland shipping.



Rest days



3 § If a worker according to duty plan has no more than the same number of working days as rest days, a certain number of consecutive working days immediately followed by the same number of consecutive days of rest. Exceptions to this minimum number of consecutive days of rest may be made if



1. the upper limit on 31 working days according to section 8 of the Act (2016:960) on working time at inland shipping is not exceeded,



2. the minimum number of consecutive days of rest in accordance with the second subparagraph may be granted in connection with the continuous working days, and 3. the extended or replaced the period of working days be leveled within the calculation period.



If a worker according to the service plan has more workdays than rest days, the minimum number of consecutive days of rest which follows immediately on a certain number of consecutive working days, to be



– for the first to the tenth working day of a continuous period, 0.2 rest days per working day – for the eleventh to the twentieth working day in a continuous period, 0.3 rest days per working day,



– for the twenty-first to the thirty-first day of work in a continuous period, 0.4 rest days per working day.



Parts of the earned rest days should be added in this calculation the minimum allowed number of consecutive days of rest and is granted only as whole days of rest.



Calculation of the average working time



paragraph 4 for the purpose of calculating the average working time per week during the reference period referred to in section 4 of the Act (2016:960) on working time at inland shipping to grant periods of paid annual leave is not included or shall be neutral. The same is true for sick leave and rest periods resulting from statutory holidays.



Health survey content



paragraph 5 of the health assessment referred to in section 14 of the Act (2016:960) on working time for inland waterway vessels, particular attention should be paid to the symptoms or diseases that could be due to work on board with minimum daily rest periods or minimum number of rest days.



Registration of working hours and rest periods



section 6, the following information shall be recorded in accordance with paragraph 13 of the Act (2016:960) concerning working time for inland waterway vessels:



-name of vessel and European identification number,



-the worker's name,



– the responsible Commander's name,



-the date,



-an indication of whether the current date is work or a day of rest, and



– the daily hours of work or the daily rest period beginning and ending.



Penalty



Infringements shall lead to penalty



section 7 of the penalty to be taken out of



1. the master or commander has appointed and by employers who do not comply with the obligations laid down in article 13 of the law (2016:960) on working time in inland navigation,



2. the master or commander has appointed and of employers and workers at or before the filing, review and approval of the working time and rest periods, in accordance with section 13 of the Act on working hours on inland waterway vessels or by oversight leaves false or misleading indication as to the working hours or rest periods,



3. the master or the person who entered into the master's place if he uses a worker to ship work in violation of the law on working time in inland navigation,



4. the Manager or the owner of the place takes the position of a ship where workers used in contravention of this Act or the regulations that have been issued under the Act, if he or she knew or should be aware of the unauthorized use,



5. employers who do not offer all employees annual health examination in accordance with section 14 of the Act on working hours on inland shipping.



The review authority and the amount of the accommodation



section 8 Transport Board hears questions about the penalty.



The fine shall be paid to the Transport Board, but to the State.



§ 9 penalty shall be imposed in an amount of at least 200 kroons and not more than 4 000 dollars for each worker.



section 10 Transportation Board may reduce or waive the penalty if there are special reasons.



section 11 of the penalty may be imposed only if the claim is directed against has been given an opportunity to comment within two years from the time the conditions to levy a fee were met.



Statute of limitations



section 12 of a fine fall away, if the decision on the fees have not been effected within five years from the date that the decision was final.



Authorization



section 13 Transport Board may announce further provisions on the enforcement of the law (2016:960) on working time in inland navigation and rules relating to the enforcement of this regulation.



Appeal



section 14 of the 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court.