Decree of the Federal Ministry of Transport No. 89 / 1985 Coll.
Decree of the Federal Ministry of Transport on the modification of certain rights and obligations arising from the employment relations of crew members of Czechoslovak seagoing ships
Valid
Effective from 01.01.1986
89
DECLARATION
Federal Ministry of Transport
of 27 September 1985
adapting certain rights and obligations arising from the employment relations of crew members of Czechoslovak seagoing ships
The Federal Ministry of Transport shall, in agreement with the Federal Ministry of Labour and Social Affairs, the Central Committee of the Union of Transport Workers and Road Economy and the Central Committee of the Union of Workers of State Authorities, Money and Foreign Trade, as defined in Section 26 (2) (b) of Act No. 61 / 1952 Coll., on Maritime Navigation, and Section 82 (6) of Act No. 65 / 1965 Coll. (Labour Code), as amended by Act No. 20 / 1975 Coll.:
Scope
The decree regulates certain rights and obligations arising from the employment relations of crew members of Czechoslovak seagoing ships ("crew members' and" ships') which arise in connection with their service on board. A crew member shall operate on board the ship during the period from the date of entry into the list of the crew until an extract from that list.
Exemptions on board
(1) If a crew member threatens the life or health of persons carried, other crew members or the safety of the ship and its cargo, the master of the ship shall be entitled to release the crew member from the service on board 1)
(2) If the master of the ship exonerates a member of the ship's crew on board for the entire further voyage of the ship, he shall agree with the operator of the ship (hereinafter referred to as the organisation) to return to the CSSR and inform the competent representative office of the CSSR accordingly.
(3) The period during which a crew member shall be relieved of his duties shall be treated as work.
(4) Travel costs back to CSSR are borne by the organisation. If it is not demonstrated that a crew member has been discharged unjustifiably, he shall be obliged to reimburse the organisation for the costs thus incurred; However, the amount of the refund may not exceed three times its average monthly earnings.
Pricing and storage
In the event of a serious or repeated breach of professional discipline, any of these disciplinary measures may be imposed on a crew member as a means of education
(a) reprimand,
(b) public reprimand,
(c) refusal to leave for a maximum period of 5 days from arrival at port;
(d) the reduction or, where appropriate, the withdrawal of premiums or remuneration or other components of remuneration expressing personal evaluation for a period of up to three months;
(e) transfer to less paid work for a period of up to three months or, where appropriate, a reduction of up to 10% in basic or functional salary for up to three months.
(1) The master of the ship shall impose disciplinary measures on the crew members when authorised to do so by the head of the organisation.
(2) A disciplinary measure may be imposed only within one month of the date on which a member of the ship's crew was informed of the breach of the work discipline by his superior or master, but no later than one month after the return of the crew member from abroad.
(3) The master of the ship shall impose disciplinary measures on the head of the organisation, or his authorised head of organisation, within one month of his return from abroad.
(1) If a crew member does not agree to a decision imposing any of the disciplinary measures on him, he may, within 15 days of his service at the latest, submit an application for revocation to the arbitration panel or, where appropriate, to the competent court. The submission of a proposal shall not have suspensory effect.
(2) An application for revocation of a disciplinary measure imposed on a ship shall be submitted to a member of the crew appointed by the arbitration panel in agreement with the organisation or the master of the ship or, where appropriate, to another member of the crew appointed by the organisation to receive documents.
(3) The arbitration panel will discuss an application for the abrogation of a disciplinary measure only after the return of a foreign member of the ship's crew (commander) within 30 days for the disciplinary measures imposed on the ship and for the other measures for the abrogation of such measures within 30 days of the application.
If the decision of the arbitration panel or of the court which annulled the disciplinary measure referred to in Article 3 (b) becomes final, the decision to abolish that disciplinary measure shall be published in the ship's order, if a member of the crew is serving on board the ship, otherwise it shall be published at the site of the organisation's headquarters. If the decision to impose a disciplinary measure referred to in § 3 (c) has been definitively revoked, an exceptional trip to the mainland shall be granted to a crew member on the next voyage, to the extent that he has been denied a disciplinary action.
Common and transitional provisions
(1) The decision of the master to discharge a ship's crew member on board, issued before the date of application of this decree, shall be taken in accordance with the provisions of the present regulations. The same applies to the imposition of a disciplinary measure, its implementation and the consideration of an application for its revocation where the decision to impose a disciplinary measure has been delivered to the crew member (master) before that date.
(2) The rights and obligations arising from the labour relations of crew members not covered by this decree shall be governed by the Labour Code and by generally binding legislation issued on the basis of it.
Efficacy
This Decree shall take effect on 1 January 1986.
Minister:
Ing. Blažek v. r.
1) Paragraph 35 (3) of Act No. 61 / 1952 Coll., on Maritime Navigation.
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Regulation Information
| Citation | Decree of the Federal Ministry of Transport No. 89 / 1985 Coll., on the modification of certain rights and obligations arising from the employment relations of crew members of Czechoslovak seagoing ships |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.10.1985 |
|---|---|
| Effective from | 01.01.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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