Legal regulation of working hours and rest periods of seafarers in Ukraine and Finland

Abstract

The article considers the legal regulation of working hours and rest periods of seafarers under the legislation of Ukraine in the comparative legal aspect with the legislation of Finland. Much attention is given to an analysis of working hours of seafarers, compensation for the overtime work and securance of the right of annual leave and regular periods of rest under the legislation of Ukraine and Finland, as well as conformity of Ukrainian labour legislation and social rights of seafarers with the Maritime Labour Convention (MLC, 2006), and with the legislation of Finland. Ukraine hasn’t ratified any of the International Labour Organisation Conventions relating to working time and periods of rest of seafarers, and these issues are governed by the Regulation «On working hours and periods of rest of floating sea and river transport of Ukraine» (approved by Order of the Ministry of Infrastructure of Ukraine № 135 from 29.02.2012). Finland’s trade unions play an important role in working life of seafarers, by not only protecting their rights and providing decent working conditions, but also by deviations from certain provision of the Seamen’s Working Time Act (296/1976). Those deviations can concern reduction of duration of working hours, increase of payments for overtime work, providing additional rest time, etc. It is concluded that the labor legislation of Ukraine does not contain provisions on imposing sanctions on captain or shipowner in case of violation of seafarer’s right of normal working hours, annual leave and regular periods of rest, while in Finland, captain or shipowner can be prosecuted for improper or malicious violation of the procedure of the register of working hours, rest periods, compensation payments and annual leaves. Also Ukrainian legislation provide no legal mechanism for obtaining state and social guarantees by seafarers. The article suggests changes to national legislation by passing the law regarding seafarers labour rights and ratification of the Maritime Labour Convention (MLC, 2006).