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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 on-duty time and time of rest of swimming structure of courts of the naval fleet of the Republic of Kazakhstan

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

1. Approve the enclosed Features of regulation of on-duty time and time of rest of swimming structure of courts of the naval fleet 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 printed publicity materials;

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.

Minister of investments and development of the Republic of Kazakhstan

Zh. Kasymbek

It is approved

Minister of Labour and Social Protection of the population of the Republic of Kazakhstan

October 4, 2017

 

_______ T. Duysenova

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 on-duty time and time of rest of swimming structure of courts of the naval fleet of the Republic of Kazakhstan

Chapter 1. General provisions

1. These Features of regulation of on-duty time and time of rest of swimming structure of courts of the naval fleet 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 on-duty time and time of rest of swimming structure of courts of the naval fleet 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 vessels, flying the flag 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) watchkeeping - is understood accomplishment of job responsibilities of seamen on the vessel, according to the International Convention about preparation and certification of seamen and watchkeeping (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 on-duty time 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 on-duty time of swimming structure of courts of the naval fleet of the Republic of Kazakhstan

4. During on-duty time seamen, according to the ship schedule on the vessel and conditions of the employment contract keep the watch, ensure safety of navigation, perform other housekeeping 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 on-duty time 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 rest periods 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 on-duty time 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 on-duty time is kept.

The procedure for introduction of the summed-up accounting of on-duty time 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 personnel) and in case of vessel conclusion from operation (repair, sediment) the ship master establishes for officers 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.

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