Decree Law No. 101-F/2020
- Issuer: Presidency of the Council of Ministers
- Diploma Type: Decree Law
- Number: 101-F/2020
- Pages: 7-(66) a 7-(125)
Summary in plain english
This decree-law transposes into national law the Directive implementing the Agreement on Implementation of the Work in Fishing Convention of the International Labour Organisation (ILO) and the Directive implementing the Agreement on Amendments to the Maritime Labour Convention, 2006, also of the ILO.
To this end, it amends the following schemes:
- 1) Legal scheme of individual employment contracts on board fishing vessels;
- 2) The scheme governing the activity of seafarers on board ships flying the Portuguese flag, as well as the responsibilities of the Portuguese State as flag or port State;
- 3) Scheme concerning minimum safety and health requirements for work on board fishing vessels;
- 4) Port State control scheme.
- Specific rules on safety and health at work on board fishing vessels or fishing vessels apply to the individual contract of employment on board fishing vessels and, secondarily, the general rules of the system for the promotion of safety and health at work.
- The following concepts are defined:
a) Individual employment contract on board fishing vessels - this is the contract by which the crew member undertakes, in return for payment, to work for a fishing vessel owner, under the authority and direction of the latter or his/her legal representative;
b) Fishing vessel or craft- any vessel registered and licensed for fishing activity, whatever the area of exploitation or the fishing gear used;
c) Crew member - any person employed in any capacity or engaged in a professional activity on board a fishing vessel or craft, including persons working on board who are paid a share of the catch. The crew member has three days to review the employment contract.
a) 14 hours in each 24-hour period;
b) 72 hours in each seven-day period.
a. copies of the employment contracts and service contracts of the persons employed on board;
b. the valid maritime labour certificate;
c. the up-to-date maritime labour declaration of conformity;
d. the certificates or equivalent documents of the financial guarantees.
a) his/her employment contract continues to take effect,
b) the salary continues to be paid and the other benefits arising from the law, the applicable collective labour agreement or the employment contract are maintained, and that
c) the normal period for exercising the right to repatriation does not apply as long as he/she is held in captivity.
This decree-law ensures a set of rules for workers to have decent working conditions on board fishing vessels or fishing vessels, in particular with regard to minimum requirements for work on board, conditions of service, accommodation and food, safety at work and health protection, as well as medical assistance, while also regulating the responsibilities of States as flag or port States.
With regard to the activity of seafarers on board ships, this Decree-Law ensures the existence of rapid and effective financial guarantee systems to assist seafarers abandoned by the shipowner and guarantee the payment by the shipowner of compensation in the event of death or long-term disability of the seafarer as a result of an accident at work or occupational disease, as well as a system of protection of rights in the event of the seafarer being the victim of acts of piracy or armed robbery against the ship on which he/she is working, and also allows, under certain conditions, the extension of the validity of the maritime labour certificate.When does it enter into force?
This decree-law enters into force 90 days following its publication.
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