The Seafarers’ Wages Regulations 2024
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43 Total hours of salaried hours work if the employment terminates or contract is varied
(1) Where the employment terminates before the end of a calculation year the total hours of salaried hours work in the final pay reference period are calculated in accordance with the following paragraphs. (2) Where the seafarer does not work excess hours, the total hours of salaried hours work in the final pay reference period are the sum of the following— (a) the number of hours of salaried hours work in the pay reference period calculated in accordance with regulation 38(2) to (6) (determining hours of salaried hours work), and (b) the number of hours (if any) by which A exceeds B where— “A” is the number of hours determined in accordance with regulation 41, and “B” is the total of the number of hours of salaried hours work determined in accordance with regulation 38(2) to (6) in respect of all pay reference periods (including the final pay reference period) since the beginning of the calculation year. (3) Where the seafarer works excess hours, the total hours of salaried hours work in the final pay reference period are the sum of the following— (a) the number of hours determined in accordance with regulation 42, and (b) the number of hours of salaried hours work calculated in accordance with regulation 38(2) to (6) for the period beginning on the day following the last day of the final pay reference period and ending at the end of the calculation year as if— (i) it was a single pay reference period (containing that number of days), and (ii) the seafarer had remained employed until the end of the calculation year without any absences. (4) If a contract for salaried hours work is varied with the effect that it is no longer a contract for salaried hours work, this regulation is to apply as if the employment of the seafarer had been terminated and the last day of the seafarer’s final pay reference period had fallen on the day before the day on which the variation took effect.
43 Total hours of salaried hours work if the employment terminates or contract is varied
(1) Where the employment terminates before the end of a calculation year the total hours of salaried hours work in the final pay reference period are calculated in accordance with the following paragraphs. (2) Where the seafarer does not work excess hours, the total hours of salaried hours work in the final pay reference period are the sum of the following— (a) the number of hours of salaried hours work in the pay reference period calculated in accordance with regulation 38(2) to (6) (determining hours of salaried hours work), and (b) the number of hours (if any) by which A exceeds B where— “A” is the number of hours determined in accordance with regulation 41, and “B” is the total of the number of hours of salaried hours work determined in accordance with regulation 38(2) to (6) in respect of all pay reference periods (including the final pay reference period) since the beginning of the calculation year. (3) Where the seafarer works excess hours, the total hours of salaried hours work in the final pay reference period are the sum of the following— (a) the number of hours determined in accordance with regulation 42, and (b) the number of hours of salaried hours work calculated in accordance with regulation 38(2) to (6) for the period beginning on the day following the last day of the final pay reference period and ending at the end of the calculation year as if— (i) it was a single pay reference period (containing that number of days), and (ii) the seafarer had remained employed until the end of the calculation year without any absences. (4) If a contract for salaried hours work is varied with the effect that it is no longer a contract for salaried hours work, this regulation is to apply as if the employment of the seafarer had been terminated and the last day of the seafarer’s final pay reference period had fallen on the day before the day on which the variation took effect.
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