Maritime Labor Act
| Basic data | |
|---|---|
| Title: | Maritime Labor Act |
| Previous title: | Seemannsgesetz Seemannsordnung |
| Abbreviation: | SeeArbG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Employment Law |
| References : | 9513-38 |
| Original version from: | December 27, 1872 ( RGBl. , P. 409) |
| Entry into force on: | March 1, 1873 |
| Last revision from: | April 20, 2013 ( BGBl. I p. 868 ) |
| Entry into force of the new version on: |
1 August 2013 |
| Last change by: |
Art. 2b G of March 4, 2020 ( Federal Law Gazette I p. 437, 439 ) |
| Effective date of the last change: |
January 1, 2020 (Art. 3 G of March 4, 2020) |
| GESTA : | G029 |
| Weblink: | Text of the SeeArbG |
| Please note the note on the applicable legal version. | |
The Maritime Labor Act (SeeArbG) is a separate area of German labor law . It “regulates the working and living conditions of seafarers on board merchant ships flying the federal flag ” in all areas of the world (§ 1 sentence 1).
The law, which took effect on August 1, 2013, was enacted to implement the ILO's Maritime Labor Convention and to implement Directive 2009/13 / EC and replaced the Seemannsgesetz (SeemG) as a "constitutive revision" , which until then had been the main legal source of maritime labor law .
Seaman's Law
The Seemannsgesetz served on the one hand to protect the sailor, who found it difficult to get support far away from home, but also restricted some basic rights of the GG insofar as the sailor was prosecuted for certain official misconducts that would only be of concern under civil law on land could. The seaman accepted these restrictions on fundamental rights by signing the sample roll . The respective German consul was responsible abroad and the seaman's offices in Germany . The place of jurisdiction in Germany was the special chamber for maritime law at the labor court in Hamburg .
It regulated:
- Roles of the master and crew and their rights and obligations,
- Drafting of employment contracts, social security, termination,
- Accommodation, minimum catering after the dinner role , shore leave, vacation,
- Occupational safety, working hours, protection of women and young people,
- Order on board, criminal offenses, administrative offenses.
See also: Approval (Seemannsgesetz)
At the European level , Directive 1999/63 / EC regulates the working hours of seafarers. Like all European directives , it has no direct legal effects for the EU member states , but has to be transposed into national law by the individual member states. The deadline for adopting national transpositions was June 30, 2006.
Maritime Labor Act
In addition to numerous new regulations, the provisions of the Seemannsgesetz were basically incorporated into the Maritime Labor Act, but were considerably modernized, expanded and brought closer to the rest of the labor law, for example in the case of vacation (Sections 56–64), dismissal (Sections 65–72) and repatriation (Section § 73-78). The determination of fitness for sea service (Sections 11–20), vocational training on board (Sections 81–92) and the requirements for safety, health protection and medical and social care of seafarers (Sections 99–119) have also been reorganized. In accordance with the Maritime Labor Convention, job placement (§§ 24–27) and the labor inspection were reorganized. The flag and port state control now also includes the authority to review the working and living conditions of seafarers by the employers' liability insurance association (Sections 129–144). The crew list (§ 22) must show the composition of the ship's crew in detail . Since samples no longer take place in front of the seaman's offices , sample rolls and seafaring books have become largely obsolete. The service certificate (Section 33) to be issued by the shipping company , which must not be confused with a job reference, and the official, but not legally required seafarers' ID , were newly introduced .
By enforcing the minimum labor and social standards agreed in the Maritime Labor Convention, the Maritime Labor Act is intended to contribute to fair competition in global merchant shipping .
literature
- Christian Bubenzer, Jörg Noltin, Robert Peetz, Esther Mallach: Maritime Labor Act. Comment . 1st edition. Verlag CH Beck, Munich 2015, ISBN 978-3-406-66876-0 .
- Christian Bubenzer, Runa Jörgens (Hrsg.): Praxishandbuch Maritime Labor Law . Verlag de Gruyter, Berlin 2015, ISBN 978-3-11-031322-2 .
- Christian Bubenzer: The German Maritime Labor Act. Binding standards for working and living conditions for seafarers . In: Transportrecht , Issue 11–12 / 2014, pp. 393–398, Verlag Wolters Kluwer, Cologne 2014 ISSN 0174-559X .
- Christian Bubenzer: Practical experience with the new maritime labor law . In: Schiff & Hafen , issue 3/2014, pp. 74-77, DVV Media Group, Hamburg 2014, ISSN 0938-1643 .
- Christian Bubenzer: New German maritime labor law in sight . In: Hansa , Heft 2/2013, S. 52/55, Schiffahrts-Verlag Hansa, Hamburg 2013, ISSN 0017-7504 .
- Dierk Lindemann: Maritime Labor Act and collective wage agreement for German shipping. Comment . 1st edition. Becker-Verlag, Uelzen 2014, ISBN 978-3-920079-61-5 .
- Werner von Unruh: Can the pattern be omitted? … New version of the seaman's law to a maritime labor law… In: Hansa , Heft 7/2012, p. 71/72, Schiffahrts-Verlag Hansa, Hamburg 2012, ISSN 0017-7504 .
- Max Bauer: The employment relationship of the ship's crew according to the seaman's rules . Diss. Leipzig 1908.
Individual evidence
- ^ Seaman's Act of July 26, 1957 ( BGBl. II p. 713); Validity from April 1, 1958.
- ↑ Seaman's Ordinance of June 2, 1902 , valid from April 1, 1903 ( Wikisource ).
- ↑ Seaman's Ordinance of December 27, 1872 ( Wikisource ).
- ↑ Directive 2009/13 / EC (...) implementing the agreement (...) on the Maritime Labor Convention 2006 (...) .
- ↑ Legislative process in the DIP .
- ↑ Directive 1999/62 / EC (…) on the regulation of the working hours of seafarers (summary) .
- ↑ Seafarers 'pass according to the Convention on Seafarers' Passes , published on May 30, 2005 ( OJ No. L 136 p. 3).
- ↑ BMAS on the Maritime Labor Act .
