Abstract

The paper is analysing national and international legislation regarding the seafarer employment. Particular emphasis shall be placed on the fact, that there is insufficient legislation dealing with seafarer labour law in the Republic of Slovenia. On one hand we have the Employment Relationships Act under which the employment contract is concluded between employee and employer. This act determines additional commitments for the employer, which has to submit the contract with seafarer to the evaluation and to the registration. On the other hand there is a Maritime Code under which the employment contract is concluded between the seafarer and ship owner or other person acting on his behalf. Taking into account the national legislation we have to bear in mind the international legislation and especially consider the requirements arising from rules and standards agreed within the International Labour Organization.A comprehensive analysis of this issue presents solutions that the legislator could take into account when preparing employment of seafarer provisions, which need to be systematically, fairly, socially and legally oriented. There is no shipowner included in the maritime training process and consequently there is no system in place for the systematic employment of seafarers. The main goal of this analysis is to find out where the weaknesses are and what should be done better when implementing the Maritime Labour Convention.

Highlights

  • Due to the unpredictability of the weather and mightiness of the sea, through-out the centuries it was considered that little can be done for enhancing safety at the sea

  • The International Management Code for the Safe Operation of Ships and for Pollution

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Summary

Introduction

Članak analizira nacionalnu i internacionalnu legislativu koja se tiče zapošljavanja pomoraca. Posebna će se pažnja posvetiti činjenici da ne postoji dostatna legislativa koja se bavi radnim pravom pomoraca u Republici Sloveniji. S jedne strane postoji Zakon o radnopravnim odnosima po kojem se ugovor o radu sklapa između zaposlenika i poslodavca.

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