Yacht Crew Labour Law in Germany

If your vessel is subject to German maritime law, understanding the provisions of German employment law in this field is essential. The German Maritime Labour Act (SeeArbG) governs the relationship of all crew members employed on a German-registered vessel.

Regarding who is included under the definition of a “crew member”, the German Maritime Labour Act states the following under § 3 (1) SeeArbG:

Seafarers within the meaning of the present Act shall be all persons working on board the ship, regardless of whether they are employed by the shipowner or by another person or are self-employed, including those employed for the purpose of their vocational training (crew members).

The Maritime Labour Act governs some of the following areas regarding the rights and responsibilities of crew members:

• Right to a safe working environment: Crew members have the right to work in a safe and healthy environment. The vessel owner or operator is liable for ensuring that the vessel is seaworthy and that all required safety measures are in place.
• Right to fair wages: Crew members are entitled to receive fair wages for their work, including overtime pay if applicable.
• Right to reasonable working hours: Crew members are entitled to reasonable working hours and should be given regular breaks and time off to rest.
• Responsibility to follow orders: Crew members are expected to follow their superiors’ orders and perform their duties professionally.
• Responsibility to maintain the vessel: Crew members are responsible for maintaining the ship in good condition, including cleaning and performing basic maintenance tasks as required.
• Responsibility to follow safety procedures: Crew members are responsible for following all safety procedures and protocols and taking all necessary precautions to prevent accidents and injuries.

However, depending on the nature of the employment relationship, crew members may be covered by other areas of German employment law. At Schlun & Elseven Rechtsanwälte, our employment law team comprises certified experts in the area who can provide a comprehensive guide regarding your rights.

The German Maritime Labour Act also governs German vessels’ working hours at sea. Under German law, the working hours at sea apply from the time when the ship starts to leave its position in port. Under § 42 SeeArbG governing the principles for the arrangement of working time, should the hours of work at sea and hours of work in port be in concurrence on any one day, the total work done on this day shall be taken as a basis for the calculation of the maximum daily hours of work.

Regarding work hours, German maritime law sets maximum work hours and provides hours of rest. Under the act (§ 48 SeeArbG), the maximum work hours are 14 hours in any 24-hour period and 72 hours in any seven-day period. Therefore, the minimum hours of rest are ten hours in any 24-hour period and 77 hours in any seven-day period.

It should be noted that rest periods should be uninterrupted, and seafarers are also entitled to at least one day off in every 7-day period. Although the 72 hours over 7 days is in place, this can be extended to 78 hours in some circumstances. However, such events include emergencies or where the crew member has agreed to work additional hours in exchange for equivalent rest time.

§ 47 SeeArbG outlines the following regulations regarding the extension of hours of work in special exceptional cases:

The master shall be entitled to order for crew members the hours of work which are necessary for the immediate safety of the ship and of the persons on board, in case of imminent danger to the cargo, or for the purpose of giving assistance to other ships or persons who are in distress at sea. The master may temporarily suspend the schedule of hours of work or hours of rest and require crew members at any time to perform any hours of work necessary until the normal situation has been restored.

The rules are different for those in the fishing industry (§ 42 SeeArbG), where the hours of work of crew members of a fishing vessel may not exceed an average of 48 hours per week within twelve months.

Seafaring is a risky profession and carries some dangers to the health of those involved in the field. Therefore, it should be no surprise that yacht owners have a legal requirement to ensure that the working environment is safe and healthy for those under their employment.

The Maritime Labour Convention 2006 (MLC) states that yacht owners must be proactive in ensuring the safety of seafarers and those working on the yacht. Such provisions extend to yacht maintenance, availability and maintenance of the safety equipment and that those employed for the vessel have the necessary skills to operate the vessel. § 23 SeeArbG states the following regarding qualifications for crew members:

Only persons holding certificates of competency, certificates of proficiency or other evidence of qualification in accordance with the provisions of maritime transport regulations may work as a crew member.

Yacht owners must also be proactive in providing clean and hygienic accommodation onboard. Crew members should have access to medical care and treatment if needed, and that healthcare should be provided at the shipowner’s expense and be prompt and adequate.

Not providing a safe and healthy working environment can lead to legal difficulties for the yacht owner. In cases where their inaction has led to injuries or illnesses, they can face legal consequences, including significant fines, criminal prosecution and other penalties.

At Schlun & Elseven Rechtsanwälte, our legal team is ready to advise crew members and yacht owners regarding cases concerning health and safety matters onboard yachts and other vessels. If you require our legal assistance, please do not hesitate to contact us directly.

Due to the nature of the work, there is a requirement that crew members are physically fit enough to work onboard German-registered yachts according to § 11 German Maritime Labour Act. It states the following:

Only those persons may work as crew members who are able in terms of their health to carry out the activity at sea which they are to carry out (medically fit for sea service). Persons shall be deemed medically fit for sea service who in terms of their state of health are suited and sufficiently resilient for the activity on board ships and meet the particular requirements of their department with regard to maintaining ship safety. A shipowner may only permit a crew member to work if he/she is medically fit for sea service.

Proving physical fitness may involve obtaining a German Medical Certificate issued by an authorised physician. Yacht owners should ensure that the medical certificate is in-date and applicable to the crew member’s work. In cases where the validity of the certificate expires during the journey, it remains in force until the next port of call is reached. While there, that crew member can obtain an additional certificate.

Regarding certifications and training, crew members on German-registered yachts must have a valid certificate of competency. This document – a “Seefahrtsbuch” – demonstrates that the crew member has the required knowledge and skills to perform their duties safely. However, additional competency certificates may be required depending on several factors, including:

• The type of vessel,
• the duties of the seafarer, and
• the route on which the vessel will operate.

Crew members need to complete theoretical and practical training to obtain such certificates. A recognised training institution, such as a maritime school or a shipping company should provide training.