Seafarers’ working time

KEY POINTS

• Every publicly or privately owned seagoing ship registered in a European Union (EU) Member State carrying out commercial maritime activities must respect the legislation.
• The directive specifies a maximum number of working hours or a minimum amount of rest time over a given period.
• Working hours:
  • a standard working day is 8 hours, with 1 day off and rest on public holidays;
  • maximum working hours must not exceed 14 hours in any 24-hour period or 72 hours over 7 days.
• Rest periods:
  • must not be less than 10 hours in any 24-hour period, or 77 hours over 7 days;
  • may be divided into no more than two periods, one of which must be at least 6 hours;
  • must occur within at least 14 hours of each other;
  • must be disturbed as little as possible by safety exercises such as musters, and fire-fighting and lifeboat drills;
  • must include adequate compensation for resting seafarers called out to work.
• Records must be kept of seafarers’ daily work and rest hours.
• No seafarer under 18 may work at night³ except for specific duties or training.
• The employment, engagement of or work by those under 18 is not allowed if it is likely to jeopardise their health and safety.
• Ship masters have the right to require the crew to work if necessary to ensure the immediate safety of the vessel, the people on board, its cargo and others in distress.
• Details of on-board working arrangements and the legislation’s provisions must be accessible and displayed.
• Crewing levels must avoid or minimise excessive working hours to ensure sufficient rest and limit fatigue.
• Every seafarer:
  • must have a health certificate proving they are medically fit to work at sea — the directive sets out the details for such certificates including issuing rules, validity and the nature of the health assessment. Some exceptions are permitted;
  • is entitled to annual paid leave based on a minimum of 2.5 days per month worked and in proportion for incomplete months.
• Member States may:
  • permit exemptions to the specified working hours and rest periods, under certain conditions;
  • apply more, but not less, favourable conditions to seafarers than those contained in the directive.

Amendments to Directive 1999/63/EC

• The directive was amended by Directive 2009/13/EC following the signing of the MLC in 2006.
• Directive 2009/13/EC was in turn amended by Directive (EU) 2018/131, following changes to the MLC in 2014, which focuses on seafarers’ rights in case of being abandoned in foreign ports and includes updated rules for repatriation, financial security and shipowners’ liability.

Related legislation

The enforcement of the directive is covered by separate legislation (Directive 1999/95/EC) on enforcement of working hours on board ships using EU ports, as well as Directive 2013/54/EU on general compliance with and enforcement of the MLC (see summary).