The Seafarers’ Wages Regulations 2024
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40 Determining whether a seafarer works excess hours
(1) For the purposes of this regulation and regulations 38(8) and 42, a seafarer works excess hours if all of the following hours added together exceed the basic hours in a calculation year— (a) hours worked which form part of the basic hours in the calculation year; (b) hours when the seafarer was absent from work which form part of the basic hours in the calculation year; (c) hours worked in the calculation year which do not form part of the basic hours in the calculation year in respect of which the seafarer had no entitlement under their contract to a payment other than annual salary or annual salary and a performance bonus or salary premium (or all three); (d) hours treated as worked in accordance with regulation 41 to the extent that such hours consist of hours in respect of which the seafarer had no entitlement under their contract to a payment other than annual salary or annual salary and a performance bonus or salary premium (or all three). (2) Hours during which the seafarer was taking part in industrial action are not to be included in sub-paragraphs (a) to (d). (3) In this Chapter references to “excess hours” are to be construed in accordance with paragraphs (1) and (2).
40 Determining whether a seafarer works excess hours
(1) For the purposes of this regulation and regulations 38(8) and 42, a seafarer works excess hours if all of the following hours added together exceed the basic hours in a calculation year— (a) hours worked which form part of the basic hours in the calculation year; (b) hours when the seafarer was absent from work which form part of the basic hours in the calculation year; (c) hours worked in the calculation year which do not form part of the basic hours in the calculation year in respect of which the seafarer had no entitlement under their contract to a payment other than annual salary or annual salary and a performance bonus or salary premium (or all three); (d) hours treated as worked in accordance with regulation 41 to the extent that such hours consist of hours in respect of which the seafarer had no entitlement under their contract to a payment other than annual salary or annual salary and a performance bonus or salary premium (or all three). (2) Hours during which the seafarer was taking part in industrial action are not to be included in sub-paragraphs (a) to (d). (3) In this Chapter references to “excess hours” are to be construed in accordance with paragraphs (1) and (2).
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