The Seafarers’ Wages Regulations 2024
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42 Determining total hours of salaried hours work if a seafarer works excess hours
(1) Paragraph (2) applies to the first pay reference period in a calculation year during which— (a) a seafarer has, during the calculation year to date, worked all of their basic hours for that calculation year, and (b) begins to work excess hours. (2) Where this paragraph applies, the total hours of salaried hours work in the pay reference period are calculated by adding together all of the following hours— (a) the proportion of basic hours attributable to the part of the pay reference period starting before the day during which the seafarer worked excess hours; (b) the proportion of basic hours attributable to the part of the pay reference period starting on the day during which the seafarer worked excess hours; (c) the number of hours actually worked in the pay reference period starting on the day during which the seafarer worked excess hours; (d) the number of hours treated as worked, in accordance with regulation 41, in the pay reference period starting on the day during which the seafarer worked excess hours. (3) In paragraph (2)(a) and (b), each proportion of basic hours in the pay reference period is calculated using the formula— (D/365) x H where— “D” means the number of days in the part of the pay reference period referred to in paragraph (2)(a) or (b); “H” means the basic hours in the calculation year. (4) Reductions from the basic hours in the calculation year for absences, in accordance with regulation 39 (absences from work), must only be made from the proportion of basic hours determined under paragraph (2)(a). (5) For each pay reference period in the calculation year after the pay reference period referred to in paragraph (1), the total hours of salaried hours work are calculated by adding together all of the following hours— (a) the number of hours of salaried hours work in the pay reference period determined in accordance with regulation 38(2) to (6) (determining hours of salaried hours work); (b) the number of hours actually worked in the pay reference period; (c) the number of hours treated as worked in the pay reference period in accordance with regulation 41. (6) Regulation 39 (absences from work) does not apply to the calculation in paragraph (5)(a).
42 Determining total hours of salaried hours work if a seafarer works excess hours
(1) Paragraph (2) applies to the first pay reference period in a calculation year during which— (a) a seafarer has, during the calculation year to date, worked all of their basic hours for that calculation year, and (b) begins to work excess hours. (2) Where this paragraph applies, the total hours of salaried hours work in the pay reference period are calculated by adding together all of the following hours— (a) the proportion of basic hours attributable to the part of the pay reference period starting before the day during which the seafarer worked excess hours; (b) the proportion of basic hours attributable to the part of the pay reference period starting on the day during which the seafarer worked excess hours; (c) the number of hours actually worked in the pay reference period starting on the day during which the seafarer worked excess hours; (d) the number of hours treated as worked, in accordance with regulation 41, in the pay reference period starting on the day during which the seafarer worked excess hours. (3) In paragraph (2)(a) and (b), each proportion of basic hours in the pay reference period is calculated using the formula— (D/365) x H where— “D” means the number of days in the part of the pay reference period referred to in paragraph (2)(a) or (b); “H” means the basic hours in the calculation year. (4) Reductions from the basic hours in the calculation year for absences, in accordance with regulation 39 (absences from work), must only be made from the proportion of basic hours determined under paragraph (2)(a). (5) For each pay reference period in the calculation year after the pay reference period referred to in paragraph (1), the total hours of salaried hours work are calculated by adding together all of the following hours— (a) the number of hours of salaried hours work in the pay reference period determined in accordance with regulation 38(2) to (6) (determining hours of salaried hours work); (b) the number of hours actually worked in the pay reference period; (c) the number of hours treated as worked in the pay reference period in accordance with regulation 41. (6) Regulation 39 (absences from work) does not apply to the calculation in paragraph (5)(a).
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