Working Time of Seafarers


Working Time of Seafarers :

EU Directive 1999/63/EC of 21 June 1999, is intended to put into effect the European Agreement concluded on 30 September 1998 between the trade union and employers’ organizations of the maritime transport sector – the European Community Ship-owners’ Association (ECSA) and the Federation of Transport Workers’ Unions in the European Union (FST) concerning the working time of seafarers. In accordance with Article 139, TEC (new Article III-106), these organizations presented to the Commission the negotiated agreement with a view to having it implemented by a Council directive. The agreement in question, comprised in an annex to the directive, applies to seafarers on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of a Member State and is ordinarily engaged in commercial maritime operations. A ship that is on the register of two Member States is deemed to be registered in the State whose flag it flies. Hours of work and rest are laid down as follows: (1) either the maximum hours of work which must not exceed: (2) 14 hours in any 24-hour period; (3) 72 hours in any seven-day period;  or the minimum hours of rest which must not be less than: (1) 10 hours in any 24-hour period; (2) 77 hours in any seven-day period. Hours of rest may not be divided into more than two periods, one of which must be at least six hours in length, and the interval between consecutive periods of rest must not exceed 14 hours. Seafarers are entitled to paid annual leave of at least four weeks, or a proportion thereof for periods of employment of less than one year. The minimum period of paid leave may not be replaced by an allowance in lieu. Musters, firefighting and lifeboat drills, and drills prescribed by national laws and international instruments must be conducted in a manner that minimizes the disturbance of rest periods. Seafarers under the age of 18 are not permitted to work at night (meaning a period of at least nine consecutive hours, including the interval from midnight to 5 a.m.). In addition, no person under 16 years of age is allowed to work on a ship. The master of a ship has the right to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. The master may also suspend the schedule of hours of work or hours of rest until the normal situation has been restored. All seafarers must: (1) possess a certificate attesting to their fitness for the work for which they are employed; (2) Have regular health assessments. See: Consolidated maritime labour Convention; working time in the maritime sector (ships using Community ports)

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