2026 No. 1160
MERCHANT SHIPPING
TERMS AND CONDITIONS OF EMPLOYMENT
HARBOURS, DOCKS, PIERS AND FERRIES
The Seafarers (Wages and Working Conditions) Regulations 2026
Made
2nd November 2026
Laid before Parliament
4th November 2026
Coming into force
1st December 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 4A(1), (4)(b), (5) and (6), 4B(2), 4D(1), (2)(a) and (3)(a), 4E(2), (7), (8)(b) and (9), 4F(2), 9(1), (4) and (5), 10(4), 11(7), 16A(1)(a) and (b), 17(2), 18(3) and 19 of the Seafarers (Wages and Working Conditions) Act 2023.
In accordance with section 4D(5) of that Act, the Secretary of State in making these Regulations has sought to secure that a non-qualifying seafarer is for the purposes of section 4D remunerated at a rate equal to the national minimum wage equivalent only if their remuneration is in all the circumstances broadly equivalent to the remuneration they would receive if they qualified for the national minimum wage.
(1) These Regulations may be cited as the Seafarers (Wages and Working Conditions) Regulations 2026 and come into force on 1st December 2026.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
In these Regulations—
“the 2024 Regulations” means the Seafarers’ Wages Regulations 2024;
“basic hours” has the meaning given in regulation 21(8);
“calculation year” is to be construed in accordance with regulation 22;
“employer” in relation to a non-qualifying seafarer or a seafarer, means the person by whom the non-qualifying seafarer or seafarer is (or, where the employment has ceased, was) employed;
“employment” in relation to a non-qualifying seafarer or a seafarer, means employment under that person’s contract and “employed” is to be construed accordingly;
“excess hours” is to be construed in accordance with regulation 26;
“hours” includes a fraction of an hour;
“national minimum wage equivalent” means the applicable hourly rate specified in regulation 7;
“pay reference period” has the meaning given in regulation 10;
“performance bonus” has the meaning given in regulation 21(9);
“refusal of access notification” means a communication from a habour authority to an operator containing the information required by regulation 52(6);
“relevant cross channel service” means a relevant service to which these Regulations apply in accordance with regulation 5;
“salaried hours work” is to be construed in accordance with regulation 21;
“salary premium” has the meaning given in regulation 21(10);
“surcharge notification” means a communication from a harbour authority to an operator containing the information required by regulation 46(5);
“time work” has the meaning given in regulation 30;
“unmeasured work” has the meaning given in regulation 36.
(1) Where there is more than one harbour authority in respect of a harbour, the harbour authority in respect of the harbour for the purposes of the Seafarers (Wages and Working Conditions) Act 2023 and these Regulations is the harbour authority responsible for the berth at which ships providing the relevant cross channel service dock.
(2) In this regulation, “berth” means any berth, dock, wharf, quay, pier, jetty or similar structure at which sea-going ships can ship or unship goods or embark or disembark passengers.
The minimum remuneration rate for a non-qualifying seafarer in respect of their work on a relevant cross channel service is a rate that is equal to the national minimum wage equivalent.
(1) The hourly rate for the purposes of the national minimum wage equivalent is—
(a) £12.71 for a non-qualifying seafarer who is aged 21 years or over;
(b) £10.85 for a non-qualifying seafarer who is aged 18 years or over (but is not yet aged 21 years);
(c) £8.00 for a non-qualifying seafarer who is aged under 18 years;
(d) £8.00 for a non-qualifying seafarer to whom the apprenticeship rate applies, as determined in accordance with regulation 9.
(2) If the rate in paragraph (1)(d) applies to a non-qualifying seafarer, the rates in paragraph (1)(a) to (c) do not apply to that non-qualifying seafarer.
8 Determining the applicable national minimum wage equivalent
The national minimum wage equivalent applicable to a non-qualifying seafarer in a pay reference period is the rate which applies to the non-qualifying seafarer on the first day of that period.
9 Determining whether the apprenticeship rate applies
(1) The apprenticeship rate applies to a non-qualifying seafarer—
(a) who is employed under a contract of apprenticeship, apprenticeship agreement (within the meaning of section 32 of the Apprenticeships, Skills, Children and Learning Act 2009) or an approved English apprenticeship agreement (within the meaning of section A1(3) of that Act), or who is treated as employed under a contract of apprenticeship, and
(b) who is within the first 12 months after the commencement of that employment or under 19 years of age.
(2) A non-qualifying seafarer is treated as employed under a contract of apprenticeship if the seafarer is engaged—
(a) in England, under Government arrangements known as Apprenticeships (Intermediate, Advanced, Higher and Degree Levels);
(b) in Scotland, under Government arrangements known as Modern Apprenticeships;
(c) in Northern Ireland, under Government arrangements known as Apprenticeships NI;
(d) in Wales, under Government arrangements known as Foundation Apprenticeships, Apprenticeships, Higher Apprenticeships or Degree Apprenticeships.
(3) In paragraph (1)(b), a non-qualifying seafarer does not commence employment with an employer where that seafarer has previously been employed by another employer and the continuity of employment is preserved between the two employments by or under any enactment.
(4) In this regulation, “Government arrangements” means—
(a) in England, arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 or section 17B of the Jobseekers Act 1995;
(b) in Wales, arrangements made by the Secretary of State or the Welsh Ministers under section 2 of the Employment and Training Act 1973, by the Secretary of State under section 17B of the Jobseekers Act 1995 or by the Commission for Tertiary Education and Research under section 89(3), 93, 95 or 97 of the Tertiary Education and Research (Wales) Act 2022 or section 65 of the Further and Higher Education Act 1992;
(c) in Scotland, arrangements made by the Secretary of State or the Scottish Ministers under section 2 of the Employment and Training Act 1973 or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990;
(d) in Northern Ireland, arrangements made by the Department for Communities or the Department for the Economy under section 1 of the Employment and Training Act (Northern Ireland) 1950.
A pay reference period is a month, or in the case of a non-qualifying seafarer who is paid wages by reference to a period shorter than a month, that period.
11 Calculation to determine whether the national minimum wage equivalent has been paid
For the purposes of determining whether a non-qualifying seafarer has been paid at a rate which is at least equal to the national minimum wage equivalent, the non-qualifying seafarer’s remuneration is to be calculated as follows—
remuneration / hours of work
where—
“remuneration” is the remuneration in the pay reference period determined in accordance with Chapter 2 of this Part;
“hours of work” is the hours of work in the pay reference period determined in accordance with Chapter 3 of this Part.
The remuneration in a pay reference period is the payments from the employer treated as payments to the non-qualifying seafarer in respect of the pay reference period determined in accordance with regulations 13 and 14, less the reductions in respect of the pay reference period determined in accordance with regulations 15 to 17.
(1) The following payments, except as provided in regulation 14, are to be treated as payments by the employer to the non-qualifying seafarer as respects the pay reference period—
(a) subject to paragraph (2), payments paid by the employer to the non-qualifying seafarer in the pay reference period;
(b) payments paid by the employer to the non-qualifying seafarer in the following pay reference period as respects the pay reference period (whether as respects work or not);
(c) where a non-qualifying seafarer’s contract terminates then as respects the non-qualifying seafarer’s final pay reference period, payments paid by the employer to the non-qualifying seafarer in the period of a month beginning with the day after that on which the contract was terminated.
(2) Payments paid by the employer to the non-qualifying seafarer in the pay reference period as respects a previous pay reference period are not to be treated as payments as respects the pay reference period in which they are paid.
14 Payments and benefits in kind which do not form part of a non-qualifying seafarer’s remuneration
The following payments and benefits in kind are not to be treated as payments by the employer to the non-qualifying seafarer—
(a) payments by way of an advance under an agreement for a loan or by way of an advance of wages;
(b) payment of a pension, allowance or gratuity in connection with the non-qualifying seafarer’s retirement or as compensation for loss of office;
(c) payment of an award made by a court or tribunal or a payment to settle proceedings which have been or might be brought before a court or tribunal, other than the payment of an amount due under the non-qualifying seafarer’s contract;
(d) payments referable to the non-qualifying seafarer’s redundancy;
(e) payment of an award for a suggestion made by the non-qualifying seafarer under a scheme established by the employer or operator to reward suggestions made by non-qualifying seafarers;
(f) benefits in kind provided to the non-qualifying seafarer, whether or not a monetary value is attached to the benefit;
(g) a voucher, stamp or similar document capable of being exchanged for money, goods or services (or for any combination of those things);
(h) payments as respects hours which are not, or not treated as—
(i) hours of time work in accordance with regulation 35, or
(ii) hours of unmeasured work in accordance with regulation 41;
(i) payments, in the context of salaried hours work, attributable to the hours to be reduced under regulation 25 (absences from work) whether directly or by reason of regulation 28(3) (where the non-qualifying seafarer works excess hours);
(j) payments paid by the employer to the non-qualifying seafarer as respects hours of time work or unmeasured work in the pay reference period—
(i) if there is a lower rate per hour which could be payable under the contract as respects that work (including if the work was done at a different time or in different circumstances), and
(ii) to the extent that such payments exceed the lowest rate;
(k) payments paid by the employer to the non-qualifying seafarer attributable to a particular aspect of the working arrangements or to working or personal circumstances that are not consolidated into the non-qualifying seafarer’s standard pay unless the payments are attributable to the performance of the non-qualifying seafarer in carrying out the work;
(l) payments paid by the employer or operator to the non-qualifying seafarer as respects the non-qualifying seafarer’s expenditure in connection with the employment;
(m) payments paid by the employer or operator to the non-qualifying seafarer representing amounts paid by customers by way of a service charge, tip, gratuity or cover charge;
(n) payments paid by the employer or operator to the non-qualifying seafarer as respects travelling expenses that are allowed as deductions from earnings under section 338 of the Income Tax (Earnings and Pensions) Act 2003;
(o) payment of a salary premium.
15 Reductions which reduce the non-qualifying seafarer’s remuneration
(1) For the purposes of regulation 12, the reductions in the pay reference period are determined by adding together all of the payments or deductions treated as reductions in that period in accordance with regulations 16 and 17.
(2) To the extent that any payment or deduction is to be treated as a reduction by virtue of more than one provision in those regulations, it is to be counted only once.
16 Deductions or payments for the employer’s or operator’s own use and benefit
(1) Deductions made by the employer in the pay reference period, or payments due from the non-qualifying seafarer to the employer or operator in the pay reference period, for the employer’s or operator’s own use and benefit are treated as reductions except as specified in paragraph (2).
(2) The following deductions and payments are not treated as reductions—
(a) deductions, or payments, in respect of the non-qualifying seafarer’s conduct, or any other event, where the non-qualifying seafarer (whether together with another non-qualifying seafarer or not) is contractually liable;
(b) deductions, or payments, on account of an advance under an agreement for a loan or an advance of wages;
(c) deductions, or payments, as respects an accidental overpayment of wages made by the employer to the non-qualifying seafarer;
(d) deductions, or payments, as respects the purchase by the non-qualifying seafarer of shares, other securities or share options, or of a share in a partnership;
(e) payments as respects the purchase by the non-qualifying seafarer of goods or services from the employer or operator, unless—
(i) the purchase is made in order to comply with a requirement imposed by the employer or operator in connection with the non-qualifying seafarer’s employment, and
(ii) the payment is not met, or not intended to be met, by a payment paid to the non-qualifying seafarer by the employer or operator.
17 Deductions or payments as respects a non-qualifying seafarer’s expenditure or living accommodation
(1) The following deductions are to be treated as reductions if the deduction is made by the employer in the pay reference period—
(a) deductions as respects the non-qualifying seafarer’s expenditure in connection with the employment;
(b) deductions as respects the provision of living accommodation by the employer or operator to the non-qualifying seafarer.
(2) The following payments are to be treated as reductions if the payment is paid by or due from the non-qualifying seafarer in the pay reference period—
(a) payments to the employer as respects the non-qualifying seafarer’s expenditure in connection with the employment;
(b) payments to the employer as respects the provision of living accommodation by the employer or operator to the non-qualifying seafarer;
(c) payments to any other person on account of such expenditure or provision.
(3) The payments referred to in paragraph (2) are not to be treated as reductions if the expenditure is met, or intended to be met, by a payment paid to the non-qualifying seafarer by the employer or operator.
The hours of work in a pay reference period are the hours worked or treated as worked by the non-qualifying seafarer in the pay reference period as determined—
(a) for salaried hours work, in accordance with regulations 21 to 29;
(b) for time work, in accordance with regulations 30 to 35;
(c) for unmeasured work, in accordance with regulations 36 to 41.
(1) In this Chapter, references to “training” include hours when the non-qualifying seafarer is—
(a) attending at a place other than the non-qualifying seafarer’s normal place of work, when the non-qualifying seafarer would otherwise be working, for the purpose of receiving training that has been approved by the employer or operator;
(b) travelling, when the non-qualifying seafarer would otherwise be working, between a place of work and a place where the non-qualifying seafarer receives such training;
(c) receiving such training at the non-qualifying seafarer’s normal place of work.
(2) In paragraph (1), hours when the non-qualifying seafarer would “otherwise be working” include any hours when the non-qualifying seafarer is attending at a place or travelling where it is uncertain whether the non-qualifying seafarer would otherwise be working because the non-qualifying seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
In this Chapter, references to “travelling” include hours when the non-qualifying seafarer is—
(a) in the course of a journey by a mode of transport or is making a journey on foot;
(b) waiting at a place of departure to begin a journey by a mode of transport;
(c) waiting at a place of departure for a journey to re-commence either by the same or another mode of transport, except for any time the non-qualifying seafarer spends taking a rest break;
(d) waiting at the end of a journey for the purpose of carrying out duties, or to receive training, except for any time the non-qualifying seafarer spends taking a rest break.
(1) “Salaried hours work” is work which is done under a non-qualifying seafarer’s contract and which meets the conditions in paragraphs (2) to (5).
(2) The first condition is that the non-qualifying seafarer is entitled under their contract to be paid—
(a) an annual salary, or
(b) an annual salary and one or both of—
(i) a performance bonus, and
(ii) a salary premium.
(3) The second condition is that the non-qualifying seafarer is entitled under their contract to be paid that salary or salary and performance bonus or salary premium (or all three) in respect of their basic hours.
(4) The third condition is that the non-qualifying seafarer is not entitled under their contract to a payment in respect of their basic hours other than—
(a) an annual salary, or
(b) an annual salary and one or both of—
(i) a performance bonus, and
(ii) a salary premium.
(5) The fourth condition is that the non-qualifying seafarer is entitled under their contract to be paid, where practicable and regardless of the number of hours actually worked in a particular week, month or other period, in instalments which—
(a) are equal and occur not more often than weekly and not less often than monthly, or
(b) occur monthly and vary but have the result that the seafarer is entitled to be paid an equal amount in each quarter.
(6) Circumstances where it may not be practicable to pay a non-qualifying seafarer by equal instalments, or by an equal amount in each quarter, include where—
(a) a performance bonus is awarded;
(b) a salary premium is paid;
(c) the annual salary is varied;
(d) a payment is made in respect of hours in addition to basic hours;
(e) the employment starts or terminates during a week, month or other period provided for in paragraph (5)(a) with the result that the non-qualifying seafarer is paid a proportionate amount of their annual salary for that week, month or other period.
(7) Work may be salaried hours work whether or not—
(a) all the basic hours are working hours;
(b) the non-qualifying seafarer works hours in excess of the basic hours (whether the seafarer is entitled to be paid for those excess hours or not);
(c) the annual salary may be reduced due to an absence from work.
(8) “Basic hours” are a number of hours in a year specified in or ascertained in accordance with a non-qualifying seafarer’s contract.
(9) A “performance bonus” is a payment paid to a non-qualifying seafarer on merit attributable to the quality or amount of work done in the course of more than one pay reference period.
(10) A “salary premium” is—
(a) an amount of pay which is—
(i) in addition to the annual salary, and
(ii) an increase in the rate of pay for particular working hours,
(b) in respect of the basic hours, and
(c) attributable to working—
(i) at a particular time of the day;
(ii) on a particular day;
(iii) at a particular location;
(iv) in a particular working environment;
(v) within a particular geographical area;
(vi) on a particular task;
(vii) subject to a particular responsibility.
(1) “Calculation year” has the meaning given in the following paragraphs.
(2) For a non-qualifying seafarer whose annual salary is payable monthly then—
(a) if the non-qualifying seafarer commenced the employment on the first day of a month, the calculation year is—
(i) the year beginning with that day;
(ii) in each subsequent year, a year beginning on an anniversary of that day;
(b) if the non-qualifying seafarer commenced the employment on any other day of a month, the calculation year is—
(i) the period beginning with that day and ending with the day before the first anniversary of the first day of the next month;
(ii) in each subsequent year, a year beginning on an anniversary of the first day of that month.
(3) For a non-qualifying seafarer whose annual salary is payable other than monthly the calculation year is—
(a) the year beginning with the first day of the employment;
(b) in each subsequent year, a year beginning on an anniversary of that day.
23 Determining the basic hours in the calculation year
(1) The basic hours in a calculation year are determined in accordance with the following paragraphs.
(2) The basic hours in the calculation year are the basic hours specified or ascertained in accordance with the non-qualifying seafarer’s contract at the start of the calculation year, unless there is a variation to the basic hours which takes effect in the calculation year.
(3) Where a variation to the basic hours takes effect in the calculation year, the basic hours in the calculation year are determined by adding together—
(a) the proportion of basic hours in the calculation year in the period before the day on which the variation takes effect, and
(b) the proportion of basic hours in the calculation year in the period beginning on the day on which the variation takes effect and ending at the end of the calculation year.
(4) If more than one contractual variation takes effect in the calculation year, the basic hours in the calculation year are determined by adding together—
(a) the proportion of basic hours in the calculation year in the period before the day on which the first variation takes effect, and
(b) for each variation, the proportion of basic hours in the calculation year in the period beginning on the day on which the variation takes effect and ending—
(i) on the day before the day on which the next variation takes effect, or
(ii) in the case of the final variation, at the end of the calculation year.
(5) The proportion of basic hours in the calculation year for each of the periods in paragraphs (3) and (4) is calculated using the formula—
(D / 365) x H
where—
“D” means the number of days in the period;
“H” means the basic hours applicable to that period.
24 Determining total hours of salaried hours work in a pay reference period
(1) The total hours of salaried hours work in a pay reference period are to be calculated in accordance with the following paragraphs.
(2) Where the pay reference period is a week, the total hours of salaried hours work in that period are the basic hours divided by 52.
(3) Where the pay reference period is two weeks, the total hours of salaried hours work in that period are the basic hours divided by 26.
(4) Where the pay reference period is four weeks, the total hours of salaried hours work in that period are the basic hours divided by 13.
(5) Where the pay reference period is a month, the total hours of salaried hours work in that period are the basic hours divided by 12.
(6) Where the pay reference period is any other period, the total hours of salaried hours work in that period are the basic hours divided by the figure obtained by dividing 365 by the number of days in the pay reference period.
(7) The basic hours are to be ascertained in accordance with the non-qualifying seafarer’s contract on the first day of the pay reference period in question unless paragraphs (8) or (9) apply.
(8) The total hours of salaried hours work in a pay reference period are to be ascertained in accordance with regulations 26 to 28 (excess hours) if the non-qualifying seafarer—
(a) during or before the payment reference period, works hours in excess of the basic hours in the calculation year, and
(b) is not entitled to be paid more than an annual salary, a performance bonus and a salary premium for those excess hours.
(9) The total hours of salaried hours work in a pay reference period are to be determined in accordance with regulation 29 (hours of salaried hours work if employment terminates or contract varied) if—
(a) the employment terminates before the end of the calculation year, or
(b) the contract is varied before the end of the calculation year so that it is no longer a contract for salaried hours work.
25 Absences from work to be reduced from the total hours of salaried hours work in a pay reference period
(1) The hours a non-qualifying seafarer is absent from work are to be subtracted from the total hours of salaried hours work in a pay reference period if both the following conditions are met—
(a) the employer is entitled under the seafarer’s contract to reduce the annual salary due to the absence;
(b) the employer pays the seafarer less than the normal proportion of annual salary in the pay reference period as a result of the absence.
(2) The hours during which a non-qualifying seafarer takes industrial action are to be subtracted from the total hours of salaried hours work in a pay reference period if an annual salary was payable for those hours, or would have been payable but for the industrial action.
26 Determining whether a non-qualifying seafarer works excess hours
(1) A non-qualifying 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 non-qualifying 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 non-qualifying 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 27 to the extent that such hours consist of hours in respect of which the non-qualifying 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 non-qualifying seafarer was taking part in industrial action are not to be included in sub-paragraphs (a) to (d) of paragraph (1).
27 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 26(1)(d) and accordingly for the purposes of determining whether the non-qualifying seafarer works excess hours in a calculation year;
(b) for the purposes of determining the number of hours of salaried hours work in that year in accordance with regulation 28 where the non-qualifying seafarer works excess hours.
(2) The hours referred to in paragraph (1) are—
(a) hours the non-qualifying seafarer spends training when the non-qualifying seafarer would otherwise be working;
(b) hours the non-qualifying seafarer is available at or near a place of work for the purposes of working, unless the non-qualifying seafarer is at home;
(c) hours the non-qualifying seafarer spends travelling for the purposes of working, when the non-qualifying seafarer would otherwise be working, unless the travelling is between—
(i) the non-qualifying seafarer’s home, or a place where the non-qualifying 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 the non-qualifying seafarer is available only includes hours when the non-qualifying seafarer is awake for the purposes of working, even if the non-qualifying 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 non-qualifying seafarer would otherwise be working include—
(a) hours when the non-qualifying seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the non-qualifying seafarer is obliged to travel, and which are not places occupied by the employer or operator;
(b) hours when the non-qualifying seafarer is travelling where it is uncertain whether the non-qualifying seafarer would otherwise be working because the non-qualifying seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
28 Determining total hours of salaried hours work if a non-qualifying seafarer works excess hours
(1) Paragraph (2) applies to the first pay reference period in a calculation year during which—
(a) a non-qualifying 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 before the day during which the non-qualifying seafarer worked excess hours in the calculation year;
(b) the proportion of basic hours attributable to the part of the pay reference period starting on the day during which the non-qualifying seafarer worked excess hours in the calculation year;
(c) the number of hours actually worked in the pay reference period starting on the day during which the non-qualifying seafarer worked excess hours in the calculation year;
(d) the number of hours treated as worked, in accordance with regulation 27, in the pay reference period starting on the day during which the non-qualifying seafarer worked excess hours in the calculation year.
(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 25 (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 24(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 27.
(6) Regulation 25 (absences from work) does not apply to the calculation in paragraph (5)(a).
29 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 non-qualifying seafarer does not work excess hours in the calculation year, 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 24(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 26, and
“B” is total of the number of hours of salaried hours work determined in accordance with regulation 24(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 non-qualifying seafarer works excess hours in the calculation year, 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 28, and
(b) the number of hours of salaried hours work calculated in accordance with regulation 24(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 non-qualifying 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 non-qualifying seafarer had been terminated and the last day of the non-qualifying seafarer’s final pay reference period had fallen on the day before the day on which the variation took effect.
Time work is work, other than salaried hours work, in respect of which a non-qualifying seafarer is entitled under their contract to be paid by reference to the time worked by the non-qualifying seafarer.
31 Determining total hours of time work in a pay reference period
The total hours of time work in a pay reference period are the total number of hours of time work worked by the non-qualifying seafarer or treated under regulations 32 to 35 as hours of time work in that period.
32 Time work where seafarer is available at or near a place of work
(1) Time work includes hours when a non-qualifying seafarer is available, and required to be available, at or near a place of work for the purposes of working unless the non-qualifying seafarer is at home.
(2) In paragraph (1), hours when a non-qualifying seafarer is “available” only includes hours when the non-qualifying seafarer is awake for the purposes of working, even if a non-qualifying seafarer by arrangement sleeps at or near a place of work and the employer or operator provides suitable facilities for sleeping.
The hours a non-qualifying seafarer spends training, when the non-qualifying seafarer would otherwise be doing time work, are treated as hours of time work.
(1) The hours when a non-qualifying seafarer is travelling for the purposes of time work, where the non-qualifying seafarer would otherwise be working, are treated as hours of time work unless the travelling is between—
(a) the non-qualifying seafarer’s home, or a place where the non-qualifying seafarer is temporarily residing other than for the purposes of working, and
(b) a place of work or a place where an assignment is carried out.
(2) In paragraph (1), hours treated as hours when the non-qualifying seafarer would “otherwise be working” include—
(a) hours when the non-qualifying seafarer is travelling for the purpose of carrying out assignments to be carried out at different places between which the non-qualifying seafarer is obliged to travel, and which are not places occupied by the employer or operator;
(b) hours when the non-qualifying seafarer is travelling where it is uncertain whether the non-qualifying seafarer would otherwise be working because the non-qualifying seafarer’s hours of work vary either as to their length or in respect of the time at which they are performed.
(1) The hours a non-qualifying seafarer is absent from work are not treated as hours of time work, except as specified in regulations 32 to 34.
(2) The hours a non-qualifying seafarer spends taking part in industrial action are not hours of time work.
(3) The hours a non-qualifying seafarer spends taking a rest break are not hours of time work.
(4) A non-qualifying seafarer is not to be treated as taking a rest break during hours which, in accordance with regulation 34 (travelling treated as hours of time work), are treated as hours of time work.
37 Determining total hours of unmeasured work in a pay reference period
The total hours of unmeasured work in a pay reference period are the total number of hours of unmeasured work worked or treated under regulations 38 to 41 as hours of unmeasured work in that period.
38 Unmeasured work where non-qualifying seafarer is available at or near a place of work
(1) Unmeasured work includes hours when a non-qualifying seafarer is available, and required to be available, at or near a place of work for the purposes of working unless the non-qualifying seafarer is at home.
(2) In paragraph (1), hours when a non-qualifying seafarer is “available” only includes hours when the non-qualifying seafarer is awake for the purposes of working, even if a non-qualifying seafarer by arrangement sleeps at or near a place of work and the employer or operator provides suitable facilities for sleeping.
The hours when a non-qualifying seafarer is training, where the non-qualifying seafarer would otherwise be doing unmeasured work, are to be treated as hours of unmeasured work.