Seafarers

Term of validity of the Collective Bargaining Agreement (Article 11)

The Agreement is concluded for an initial period of 1 year. It will be extended automatically on an annual basis, unless one of the parties revokes it.

Scope in terms of staff and facilities

This Agreement shall apply to seafarers working on ships flying the flag of Luxembourg, unless otherwise provided for in this Agreement.

Seafarers residing outside the European Union shall be subject to the law chosen by the parties at the time of employment.

Maritime law is an extraordinary law of ordinary law and, therefore, no reference can be made to the latter that ipso facto excludes the application of the provisions of the Labour Code, unless there is an express reference to it.

Adoption of the ECSA/ETF agreements of 19 May 2008 and 5 December 2016

The signatory parties adopt the text of Council Directive (EU) 2018/131, as it stands, and acknowledge that the rules contained therein are the minimum requirements with which vessels flying the flag of Luxembourg must comply.

Applicable law

Without prejudice to the provisions listed in this Agreement, employment relationships shall be governed by the Act of 9 November 1990 establishing a Luxembourg public maritime register, as amended respectively by the Maritime Labour Convention, 2006, of the International Labour Organization. The nature of the employment relationship shall exclude any default application of the Luxembourg Labour Code.

Remuneration

The monthly salary of seafarers working on board a vessel flying the flag of Luxembourg and not residing in Luxembourg may not be less than the amount fixed by reference to the remuneration generally recommended by the International Transport Workers’ Federation (ITF) and regularly updated on its website.

Working time (Article 7)

Rest periods

The minimum rest period shall not be less than:

• 10 hours in each 24-hour period, and
• 77 hours in each 7-day period.

Overtime

Seafarers may work for longer than the daily limits.

Beyond 8 hours per day, overtime shall be remunerated/compensated at the rate of the basic salary plus 25 %.

Work on an official holiday

Any work on an official holiday shall be remunerated as provided for in the employment contract or subordinate agreement.

Right to leave

Leave shall be governed by the legislation in force regulating paid annual leave at the time of signing this Agreement, unless legal improvements are brought into force during the term of this Agreement. It shall be 3 working days per month of employment.

Health, safety and hygiene

Shipowners undertake to comply at all times with the health and safety rules laid down in the International Convention for the Safety of Life at Sea (SOLAS) and the Maritime Labour Convention (MLC) of the International Labour Organization and to set up, where appropriate, a safety management system (SMS) as provided for in SOLAS.

Other elements (including sector-specific provisions)

Right to repatriation (Article 6)

Seafarers on board vessels flying the flag of Luxembourg shall have a right to be repatriated at the shipowner’s expense:

1. When the maritime employment contract expires on its normal expiry date and the seafarer is in a country other than their country of residence;
2. In the event of dismissal, except dismissal for serious misconduct, on the part of the seafarer;
3. At the end of the notice period;
4. When the seafarer is no longer able to perform the functions specified in the maritime employment contract or it is no longer possible to request that they perform them due to specific circumstances, namely: illness, accident or any other medical reason that requires disembarkation; shipwreck; in the event that the shipowner is no longer able to fulfil its legal and contractual obligations as an employer due to the initiation of collective proceedings, a change in registration, the sale of the vessel or any similar reason; when the vessel is heading to a warzone that the seafarer refuses to enter; in the case of suspension or termination of the maritime employment contract in accordance with this Agreement or in the case of termination of the contract for any similar reason.

The shipowner shall discharge the aforementioned obligation imposed on it by means of a financial security, insurance or any other equivalent arrangements.

The shipowner shall be released from the repatriation obligation if the seafarer has not requested repatriation within 30 days of their disembarkation.

The maximum length of time on board at the end of which seafarers shall be entitled to repatriation shall be 9 months.

The shipowner shall be prohibited from requesting from the seafarer, at the start of their employment, an advance payment to cover the costs of repatriation and also from recovering from the seafarer the costs of repatriation from their salary or other entitlements, unless the seafarer has been disembarked for serious misconduct or as a result of injury or illness resulting from an intentional act or inexcusable fault by the seafarer.

The costs to be borne by the shipowner in the event of repatriation must include at least:

1. travel to the destination chosen for repatriation,
2. the seafarer’s accommodation and food from the moment they leave the vessel until their arrival at the repatriation destination;
3. remuneration and allowances from the time the seafarer leaves the vessel until they arrive at the repatriation destination;
4. the transport of 30 kilograms of the seafarer’s personal luggage to the repatriation destination;
5. medical treatment, if necessary, until the seafarer’s state of health allows them to travel to their repatriation destination.

The shipowner shall continue to bear the costs of repatriation until the seafarer is disembarked at the chosen destination, or until they obtain suitable employment on board a ship heading to one of those destinations.

The shipowner shall be responsible for organising the repatriation by suitable and speedy means. To the extent possible, air transport should be the normal mode of transport.

In the absence of a choice by the seafarer, they shall be entitled to repatriation to a destination with which they are deemed to have effective ties, in particular:

1. the place where they agreed to enter into employment;
2. their country of residence or any other place agreed between the Parties at the time of recruitment.

The time spent waiting for repatriation and the duration of the journey shall not be deducted from the paid leave accrued by the seafarer.

Nothing shall be considered an obstacle to the shipowner’s right to recover the cost of repatriation under contractual arrangements with third parties.

Financial security

The financial security system provided for in Council Directive (EU) 2018/131 takes the form of insurance taken out with one or more providers.

Performance and interpretation of the Contract

Any difficulties arising from the performance and interpretation of this Agreement shall be resolved between Management and the staff representative(s), where appropriate with the assistance of the signatory trade unions and the FEDIL business federation.

Trade disputes, i.e. difficulties within the meaning of the preceding paragraph, for which reaching an agreement proves impossible, will be submitted to the National Conciliation Office, in accordance with the provisions of the Labour Code.

The contracting parties have agreed to regulate the entirety of the employee’s contractual relationship with the company by means of written agreement and thus to regulate all foreseeable situations in the text of this Agreement. Amendments to the current text of the Agreement are therefore possible at any time by mutual agreement.

Equality of treatment and provisions on non-discrimination

The undertaking declares that it shall not tolerate any form of harassment (sexual/psychological) within the undertaking, in particular sexual harassment as defined by Articles L.245-1 et seq. of the Labour Code.

It follows that the employer will ensure that all employees have a place of work that respects everyone’s dignity and is free from any sexual or psychological harassment of whatever origin. The employer also undertakes to take the necessary measures to prevent and resolve sexual and psychological harassment if it occurs, under the best possible conditions and in the strictest confidentiality. The disciplinary actions to be taken if a case of harassment occurs shall be determined by the manager of the undertaking following consultation with the staff delegation, if there is one.

The undertaking undertakes to enforce the Convention on Harassment and Violence at Work of 25 June 2009, which is declared to be a general obligation and which forms an integral part of this Agreement, as signed by the trade unions and employers’ organisations.

The company undertakes to ensure gender equality, including equal pay in accordance with Articles L.241-1 and L.244-3 of the Labour Code, and to combat all types of discrimination on the basis of race, religion or ethnic origin.