ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 31, 2017 No. 599

About approval of Features of regulation of working hours and time of rest of swimming structure of courts of navy of the Republic of Kazakhstan

According to the subitem 53) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" I ORDER:

1. Approve the enclosed Features of regulation of working hours and time of rest of swimming structure of courts of navy of the Republic of Kazakhstan.

2. To provide to committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy on paper and electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

5) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of actions, according to subitems 1), 2), 3) and 4) this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of August 31, 2017 No. 599

Features of regulation of working hours and time of rest of swimming structure of courts of navy of the Republic of Kazakhstan

Chapter 1. General provisions

1. These Features of regulation of working hours and time of rest of swimming structure of courts of navy of the Republic of Kazakhstan (further - Features) are developed according to the subitem 53) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (further - the Law) and determine features of regulation of working hours and time of rest of swimming structure of courts of navy of the Republic of Kazakhstan.

2. Features extend to employers and workers of swimming structure of the ocean ships provided in Item 1 of article 3 of the Law and do not extend to the vessels floating under the flag of Naval forces of the Republic of Kazakhstan and sea parts of the Border service of Committee of homeland security of the Republic of Kazakhstan.

3. The basic concepts used in these Features:

1) execution of watch - is understood accomplishment of job responsibilities of seamen on the vessel, according to the International Convention about preparation and certification of seamen and execution of watch (London, on July 7, 1978);

2) the worker of swimming structure (further - the seaman) - the crew member of the vessel working on hiring onboard the ocean ship or the "river sea" vessel;

3) the ship schedule - the document containing the internal labor schedule onboard the vessel in which on each position the modes of working hours are given in the sea and in port and the maximum number of business hours provided by these Features or the Collective agreement.

Other concepts used in these Features are applied according to the Law and the Labor code of the Republic of Kazakhstan of November 23, 2015 (further - the Code).

Chapter 2. Features of regulation of working hours of swimming structure of courts of navy of the Republic of Kazakhstan

4. During working hours seamen, according to the ship schedule on the vessel and conditions of the employment contract keep the watch, ensure safety of navigation, perform other work on servicing of the vessel and support him in normal operational technical condition.

5. The ship schedule affirms the employer or according to its order the ship master and is brought to the attention of seamen.

6. In case of the conclusion of employment contracts with seamen the employer specifies the mode of working hours and time of rest with reference to the ship schedule.

7. Process of labor activity of seamen will be organized on shift method taking into account the labor law, the collective agreement, and these Features.

8. The maximum employment duration of seamen in courts (watch) between two periods of rest on the coast (stays on leave, uses of the summed-up days of rest) does not exceed 120 calendar days.

9. The ship master provides accounting of daily duration of working hours and issue to seamen (according to their requirement) the copies of the accounting records certified by the ship master or person authorized by it and signed by the seaman.

10. For seamen the summed-up account of working hours is kept.

The procedure for introduction of the summed-up accounting of working hours is established by the collective agreement or the act of the employer.

11. In case of parking in ports depending on specific conditions (lack of the remoorings, acceptance or delivery of load and other circumstances requiring obligatory execution on the parking in port of three-shift watch by command structure) and in case of vessel conclusion from operation (repair, sediment) the ship master establishes for faces of command structure instead of three-shift watch daily watch with provision after its end of rest lasting at least 48 watch. In case of impossibility of provision 48 hour rest after the end of daily watch this rest decreases till 12 o'clock with accession of unused part of rest by the summed-up days of rest. Reducing rest after daily watch is allowed till 12 o'clock no more than two weekly.

12. Work on the vessel on Saturday and Sunday is not recognized work on the weekend. Involvement of seamen to work on the vessel in days off (Saturday, Sunday) and holidays does not require their written consent and the publication of the separate act of the employer. Payment for work in holidays is made according to article 109 of the Code.

13. Seamen, except for employees of catering department, if necessary are involved from their written consent in performance of works, not belonging to their direct job responsibilities (pogruzo-unloading works, cleaning and sink of holds and tanks, fixture and breaking-out of load), in time, free from execution of watch.

14. The most admissible duration of daily work of the seaman, including time of execution of watch, accomplishment along with the obligations of work for the worker lacking on the state and the extra works which are not entering circle of its direct job responsibilities does not exceed 12 hours during any 24 sentries of the period, and no more than 72 hours during any period in seven days.

The actions connected with involvement of seamen to working off of actions for fight for survivability of the vessel, to the boat studies and other studies ordered by international conventions which participant is the Republic of Kazakhstan are held so that to minimize violations of time of rest and not to cause fatigue.

15. The corresponding period of free time is provided to the seaman according to the procedure of compensation if the normal duration of time of rest is broken by challenges on workplace.

16. These Features do not restrain power of the ship master to demand from the seaman, to carry out the functional obligations over the established working hours for safety of the vessel, persons which are onboard, or load, and also for assistance to other courts or persons, in distress at the sea.

The ship master if necessary suspends the schedule of time of rest and directs seamen to place of employment, before recovery of normal situation.

After recovery of normal situation the ship master provides to the seaman working during the rest time provided by the schedule, the corresponding period of time of rest. The works performed during the specified period are considered in the ship schedule as overtime works.

Chapter 3. Features of regulation of time of rest of swimming structure of courts of navy of the Republic of Kazakhstan

17. When under the terms of work the seaman cannot establish break for meal, it is given meal opportunity during working hours, at the same time time for meal joins in working hours if the seaman for this period is not exempted from accomplishment of the obligations assigned to it.

18. Time of rest is within a day divided no more than into two periods, duration of one of which constitutes at least 6 hours, and the interval between the consecutive periods of rest does not exceed 12 hours.

19. In case of the parking in days off and holidays the ship master at discretion leaves in the port on the vessel the minimum number of seamen, for execution of log service and safety of courts, and also if it is necessary, for acceptance and delivery of load, elimination of effects of accident and remoorings. Days of rest ashore according to the procedure, are provided to all other seamen according to their written applications with the consent of the captain by the provided Charter of service in courts of sea transport of the Republic of Kazakhstan approved by the order of the Minister of investments and development of the Republic of Kazakhstan of January 30, 2015 No. 73 (registered in the Register of state registration of regulatory legal acts No. 11114).

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info