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Contractele de muncă în domeniul maritim
Maritime Employment Contracts

Author(s): Oana Adăscăliței
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: Maritime Employment Contracts; Maritime Labour Convention 2006; maritime employer and employee; wages; hours of work; hours of rest;

Summary/Abstract: The particular level of social protection which seafarers enjoyed on board the same vessel has brought once again into light the issue of adopting a single international regulatory instrument. This was achieved by adopting the Maritime Labor Convention 2006 (MLC 2006)which reinforces a significant number of conventions and recommendations previously proposed by the International Labor Organization (ILO). Once the Convention entered into force, the terms and conditions of employment of a seafarer on board ships were defined by a legally binding contract that complied with the standards required by it. Apart from bringing together pre-existing provisions in a single document, the Convention introduces a number of new issues. Under the MLC 2006 Convention, the term "maritime employment contract" was first introduced. Another important issue is the one that requires seafarers to be paid for their work. In cases such as the termination of the employment contract, the MLC 2006 Convention brings some clarifications, allowing for more flexibility for the state parties to adopt an appropriate legislation. The obligation to have a financial security which could guarantee the payment of salaries and the repatriation costs was one of the recently solved issues. Focusing on the previously mentioned issues, but not limited to those, this article aims to review the employment contract of all seafarers from the perspective of relevant international instruments drafted under the auspice of the International Labor Organization (ILO).

  • Issue Year: 2019
  • Issue No: 05
  • Page Range: 265-270
  • Page Count: 6
  • Language: Romanian