Amendments introduced to maritime work
Labor and Employment Law Alert 14-2018
It was published in the Official Gazette Law no. 29/2018, of July 16, transforming into national law Directive (UE) 2015/1794 of th European Parliament and of the Council, of October 6, 2015, and introducing amendments to seafarers’ legal framework in Portugal.
These amendments, in light of the abovementioned Directive, aim to extend to seafarers (including seafarers working on fishing vessels) rules that are currently applicable to general employees, but adapting them according to the specific nature of maritime work:
1. Transfer of shipping company
It is indicated that the rules regarding transfer of undertaking set forth on Portuguese general employment law are applicable to cases of total or partial transfer of the ship-owner, unless the object of the transfer consists exclusively of one or more seagoing vessels.
2. European Works Council
The rules regarding the establishment of an European Works Council and procedures for informing and consulting employees in Community-scale undertakings or groups of undertakings shall apply to seafarers, with the following specifications:
- A seafarer member of a special negotiating body or of a European Works Council, or such a member’s alternate, or a workers representative in the context of an information and consultation procedure, is entitled to participate in the meetings and in information and consultation procedures.
- The seafarer’s presence in the meeting depends if he is not at sea or in a port of a country other than that in which the shipping company is domiciled, when the meeting takes place. If the seafarer cannot attend the meeting, the possibility of using new information and communication technologies shall be considered.
- Meetings shall, where practicable, be scheduled to facilitate the participation of members or alternates, who are members of the crews of seagoing vessels.
3. Entry into force
These amendments will enter into force on August 1st, 2018.
Contacts
