Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. So jut to be clear - you re sent away for 4 weeks, get no days off during that time, then on your return you only get one day?
I am always getting paid an standard dayly bonus for every day. I could potentially work every day. But there will be occasions where the weather is too bad to work or we are in port because of broken equipment.
I would not call it a day off if I am on a vessel in the middle of the north sea and the weather is too bad to work - you may tell me otherwise.
well are you at your employer's beckon then? Are you still under their control - can they just call you and ask you to work if the weather suddenly improves?
Yes, I am ready to work at any moment you could say. Although there would be instances when in port you'd go ashore for the day (if repairs were going to take a couple of days say).
Although if at any time they said we're off we'd have to be back on the vessel.
The key is what part of you time offshore is classified as working time because that is what rest days are based on. You need at least 1 day off in every 7 days or 2 days off every fortnight.
According to the Working Time Regulations 1998, ‘working time’ includes ‘any period during which a person is working, at his employer’s disposal and carrying out its activity or duties’.
There are certain exceptions and generally those that work at sea are not entitled to these rest days because it would be impossible to move them onshore every week or two just to have that day or two off. But you may argue that as your time offshore is spent more or less under direct control of the employer and you are always either undertaking your duties or on something akin to standby, that all your days there are working days. So whilst you cannot expect the rest days when offshore, these should be given to you on your return onshore.
This is correct. Under working time though work at sea is in - exluded sectors.
to workers to whom the European Agreement on the organisation of working time ofseafarers dated 30th September 1998 and put into effect by Council Directive1999/63/EC of 21st June 1999 applies;
Does this apply?
The Seafarers Directive applies to UK ships and (to a limited extent) other EU ships when in a UK port, but not to fishing boats, pleasure boats, offshore installations or tugs. They cover seafarers, which is anyone working on board a ship on ship's business
so I presume it excludes you
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
I already knew this much as I've read the law. I was really hoping you would be able to give me some concise answers.
I can only work on the information you have given me which is rather limited i'm afraid so i can only base my advice on that