Übersetzung durch das Bundesministerium für Arbeit und Soziales
Translation provided by the Federal Ministry of Labour and Social Affairs
Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 5 des Gesetzes vom 20. Juli 2022 (BGBl. I S. 1174)
Der Stand der deutschsprachigen Dokumentation kann aktueller sein. Vergleichen Sie dazu bitte http://www.gesetze-im-internet.de/seearbg/BJNR086810013.html.
Version information: The translation includes the amendment(s) to the Act by Article 5 of the Act of 20 July 2022 (Federal Law Gazette I p. 1174)
Translations may not be updated at the same time as the German legal provisions displayed on this website. To compare with the current status of the German version, see http://www.gesetze-im-internet.de/seearbg/BJNR086810013.html.
Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter "Translations".
For conditions governing use of this translation, please see the information provided under "Translations".
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Part 1
General provisions |
| Section 1Scope |
| Section 2Definitions |
| Section 3Crew members |
| Section 4Shipowners |
| Section 5Masters and deputies |
| Section 6Ships’ officers |
| Section 7Young crew members |
| Section 8Data protection |
| Section 9Derogating agreements |
Part 2
Minimum requirements for work of crew members on ships |
Chapter 1
Minimum age |
| Section 10Minimum age of the crew member |
Chapter 2
Medical fitness for sea service |
| Section 11Requirement of medical fitness for sea service |
| Section 12German Medical Certificate |
| Section 13Refusal to ascertain medical fitness for sea service, findings by the Occupational Accident Insurance Fund |
| Section 14Powers of the Occupational Accident Insurance Fund to issue orders |
| Section 15Administrative Appeal Proceedings |
| Section 16Authorization of physicians |
| Section 17Monitoring of physicians |
| Section 18Payment of the examination costs |
| Section 19Register of medical fitness for sea service |
| Section 20Legal ordinances |
Chapter 3
Manning levels, crew list, qualifications |
| Section 21Ships’ manning levels |
| Section 22Crew list |
| Section 23Certificates and documents of competency, safety training |
Chapter 4
Placement |
| Section 24Obligations of the shipowner |
| Section 25Requirements for placement agents |
| Section 26Procedure |
| Section 27Legal ordinances |
Part 3
Conditions of employment |
Chapter 1
Seafarer's employment agreement, duty of service |
| Section 28Seafarer's employment agreement |
| Section 29Information regarding conditions of employment |
| Section 30Taking up service |
| Section 31Travel expenses |
| Section 32Duty of service |
| Section 32aObligatory further training |
| Section 33Record of employment |
Chapter 2
Presence on board, shore leave, dangers to the ship |
| Section 34Compulsory presence on board |
| Section 35Shore leave |
| Section 36Prevention of dangers to the ship |
Chapter 3
Wages |
| Section 37The right to wages |
| Section 38Calculation and due date of the wages |
| Section 39Payment of the wages |
| Section 40Account of payments |
| Section 41Sale of goods and provision of services |
Chapter 4
Hours of work and hours of rest |
| Section 42Principles for the arrangement of working time |
| Section 43Hours of work at sea |
| Section 44Hours of work in port |
| Section 45Rest breaks and hours of rest |
| Section 46Derogating hours of work arrangements for two-watch ships, salvage vessels and tugs |
| Section 47Extension of hours of work in special exceptional cases |
| Section 48Maximum hours of work and minimum hours of rest |
| Section 49Derogating working time regulations arranged through collective bargaining agreement |
| Section 50Table of shipboard working arrangements, records of hours of work |
| Section 51Remuneration for overtime and night work, as well as work on Sundays and public holidays |
| Section 52Compensation for Sundays and public holidays |
| Section 53Working time regulations for young crew members |
| Section 54Derogating working time regulations for young crew members arranged through collective bargaining agreement |
| Section 55Legal ordinances |
Chapter 5
Leave |
| Section 56Entitlement to leave |
| Section 57Duration of leave |
| Section 58Determination of leave |
| Section 59Place of leave |
| Section 60Travel expenses |
| Section 61Holiday pay |
| Section 62Illness during leave |
| Section 63Leave on termination of the engagement |
| Section 64Extension of the engagement, payment in lieu of leave |
Chapter 6
Notice and termination of the engagement |
| Section 65Right to give notice |
| Section 66Notice periods |
| Section 67Extraordinary notice by the shipowner |
| Section 68Extraordinary notice by the crew member |
| Section 69Extraordinary notice by the crew member because of an urgent family matter |
| Section 70Compensation for unemployment because of the ship’s loss or foundering |
| Section 71Termination of the engagement in case of assumed loss of ship and crew |
| Section 71aExtension of engagement during captivity |
| Section 72Leaving behind |
Chapter 7
Repatriation and abandonment |
| Section 73Entitlement to repatriation |
| Section 74Repatriation of a young crew member |
| Section 75Destination of repatriation |
| Section 76Implementation and costs of repatriation |
| Section 76aObligation to provide financial security for cases of abandonment |
| Section 77Administrative implementation measures in case of repatriation |
| Section 78Availability of legal provisions on repatriation |
Chapter 8
Procedure in the event of death of crew members |
| Section 79Death of a crew member |
| Section 80Care of the effects and the wage balance of a deceased or missing crew member |
Part 4
Vocational training on board |
| Section 81Agreement for vocational training for an occupation on board |
| Section 82Form and content of the agreement for vocational training on board |
| Section 83Agreement for vocational training on vessels engaged in small distance fleet fishing or coastal fishing |
| Section 84Entitlement to remuneration |
| Section 85Calculation and due date of the remuneration |
| Section 86Probationary period |
| Section 87Termination |
| Section 88Notice |
| Section 89Compensation in case of premature termination |
| Section 90Vocational training on ships of the Federal Government and of Federal States |
| Section 91Competent agency |
| Section 92Legal ordinances |
Part 5
Accommodation and recreational facilities, food and catering |
Chapter 1
Accommodation and recreational facilities |
| Section 93Right to accommodation |
| Section 94Access to communication facilities |
| Section 95Visits, accompanying partners |
| Section 96Legal ordinances |
Chapter 2
Food and catering |
| Section 97Right to food, instruction |
| Section 98Inspections |
Part 6
Safety and health protection at work, medical care and welfare |
Chapter 1
Entitlement to medical care on board ship and ashore |
| Section 99Entitlement to medical care |
| Section 100Particularities of medical care in German ports |
| Section 101Particularities of medical care abroad |
| Section 102Suspension of the entitlement to medical care at the expense of the shipowner |
| Section 103Termination of medical care at the expense of the shipowner |
Chapter 2
Continuation of wage payments and other entitlements in case of illness |
| Section 104Continuation of wage payments in case of illness |
| Section 105Repatriation in case of illness |
| Section 106Care of the effects and wage balance of a sick or injured crew member |
| Section 106aObligation to provide compensation in the event of occupational injuries or illnesses |
Chapter 3
Guarantee of medical care by the shipowner |
| Section 107Medical spaces and medical equipment |
| Section 108Committee for medical equipment in the maritime shipping sector |
| Section 109Implementation of medical care and inspections on board |
| Section 110Monitoring |
| Section 111Exceptions |
| Section 112Radio and satellite radio communication medical care |
| Section 113Legal ordinances |
Chapter 4
Safety and health protection at work |
| Section 114General protection against operational hazards |
| Section 115Ship safety committee |
| Section 116Safety representative |
| Section 117Special protection for young crew members |
| Section 118Legal ordinances |
Chapter 5
Access to shore-based welfare facilities |
| Section 119Shore-based welfare facilities for seafarers; power to issue ordinances |
Part 7
Order on board and right of complaint |
Chapter 1
Observance of order on board |
| Section 120Conduct on board |
| Section 121Responsibility of the master for maintaining safety and order |
| Section 122Authority of the ship's officers and the other superiors to give orders |
| Section 123Duties of the superiors |
| Section 124Duties of the crew members and the other persons staying on board |
| Section 125Bringing persons and objects on board |
| Section 126Persons deemed equivalent to crew members |
Chapter 2
Right of complaint, complaint procedure |
| Section 127Right of complaint |
| Section 128Complaint procedure |
Part 8
Certificates and responsibility of the flag State |
Chapter 1
Inspection of the working and living conditions on ships and ashore |
| Section 129Scope of the flag State inspections |
Chapter 2
Maritime labour certificate and declaration of maritime labour compliance |
| Section 130Obligation to carry a maritime labour certificate, prerequisites for issuance |
| Section 131Interim maritime labour certificate, short-term extension of the validity of the maritime labour certificate, officially recognised maritime labour certificate |
| Section 132Declaration of maritime labour compliance |
Chapter 3
Fishing labour certificate |
| Section 133Obligation to carry a fishing labour certificate, prerequisites for issuance |
Chapter 4
Ships not obliged to carry a certificate |
| Section 134Ships not obliged to carry a certificate |
Chapter 5
Recognised organisations |
| Section 135Authorisation of recognised organisations |
Chapter 6
Legal ordinances |
| Section 136Legal ordinances |
Part 9
Requirements for ships flying a foreign flag and responsibility of the port State |
Chapter 1
Requirements for ships flying a foreign flag |
| Section 137Requirements for shipowners of ships flying a foreign flag |
Chapter 2
Port State control |
| Section 138Inspection of ships flying a foreign flag |
Chapter 3
Crew members on ships flying a foreign flag |
| Section 139Complaints on ships flying a foreign flag |
| Section 140Repatriation of crew members on ships flying a foreign flag |
| Section 141Medical care of crew members on ships flying a foreign flag |
Part 10
Enforcement of working and living conditions |
| Section 142Responsibilities |
| Section 143Intervention powers of the Occupational Accident Insurance Fund |
| Section 144Supervision of the Occupational Accident Insurance Fund |
Part 11
Provisions on penalties and fines |
| Section 145Provisions on fines |
| Section 146Criminal law provisions |
| Section 147Appeals |
Part 12
Final provisions |
Chapter 1
Application to self-employed persons |
| Section 148Self-employed persons |
Chapter 2
Fees, making available and promulgating legal provisions |
| Section 149Fees |
| Section 150Making available laws and legal ordinances; posting copies and documents in an electronic information system |
| Section 151Promulgation of legal ordinances |
Chapter 3
Transitional regulations |
| Section 152Transitional regulation for ships measured in gross register tons |
| Section 153Transitional regulation for authorized physicians |
