The Seafarers’ Wages Regulations 2024
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Change 1
41 Hours treated as worked for the purpose of determining whether a seafarer works excess hours
(1) The hours listed in paragraph (2) are treated as worked— (a) for the purposes of regulation 40(1)(d) and accordingly for the purposes of determining whether the seafarer works excess hours; and (b) for the purposes of determining the number of hours of salaried hours work in that year in accordance with regulation 42 where the seafarer works excess hours. (2) The hours referred to in paragraph (1) are— (a) hours a seafarer spends training when the seafarer would otherwise be working; (b) hours a seafarer is available at or near a place of work for the purposes of working, unless the seafarer is at home; (c) hours a seafarer spends travelling for the purposes of working, when the seafarer would otherwise be working, unless the travelling is between— (i) the seafarer’s home, or a place where the seafarer is temporarily residing other than for the purposes of working, and (ii) a place of work or a place where an assignment is carried out. (3) In paragraph (2)(b), hours when a seafarer is available only includes hours when the seafarer is awake for the purposes of working, even if a seafarer is required to sleep at or near a place of work and the employer or operator provides suitable facilities for sleeping. (4) In paragraph (2)(c), hours treated as hours when the seafarer would otherwise be working include— (a) hours when the seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the seafarer is obliged to travel, and which are not places occupied by the employer or operator; (b) hours when the seafarer is travelling where it is uncertain whether the seafarer would otherwise be working because the seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
41 Hours treated as worked for the purpose of determining whether a seafarer works excess hours
(1) The hours listed in paragraph (2) are treated as worked— (a) for the purposes of regulation 40(1)(d) and accordingly for the purposes of determining whether the seafarer works excess hours; and (b) for the purposes of determining the number of hours of salaried hours work in that year in accordance with regulation 42 where the seafarer works excess hours. (2) The hours referred to in paragraph (1) are— (a) hours a seafarer spends training when the seafarer would otherwise be working; (b) hours a seafarer is available at or near a place of work for the purposes of working, unless the seafarer is at home; (c) hours a seafarer spends travelling for the purposes of working, when the seafarer would otherwise be working, unless the travelling is between— (i) the seafarer’s home, or a place where the seafarer is temporarily residing other than for the purposes of working, and (ii) a place of work or a place where an assignment is carried out. (3) In paragraph (2)(b), hours when a seafarer is available only includes hours when the seafarer is awake for the purposes of working, even if a seafarer is required to sleep at or near a place of work and the employer or operator provides suitable facilities for sleeping. (4) In paragraph (2)(c), hours treated as hours when the seafarer would otherwise be working include— (a) hours when the seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the seafarer is obliged to travel, and which are not places occupied by the employer or operator; (b) hours when the seafarer is travelling where it is uncertain whether the seafarer would otherwise be working because the seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
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