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 3 des Gesetzes vom 14. März 2023 (BGBl. 2023 I Nr. 73)
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 3 of the Act of 14 March 2023 (Federal Law Gazette 2023 I no. 73)
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 131 |
Interim 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 151(repealed) |
Chapter 3 Transitional regulations |
Section 152Transitional regulation for ships measured in gross register tons |
Section 153Transitional regulation for authorized physicians |