
Your essential guide to employee rights and legislation on Norwegian ships
Topics
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As a general rule, employment agreements for use on Norwegian ships shall be entered into using the form prescribed by the Norwegian Maritime Authority (NMA), cf. section 3 of the Regulations of 19 August 2013 No. 1000 on employment agreement and pay statement, etc.
The Regulations apply to the Norwegian Ordinary Ship Register (NOR) and the Norwegian International Ship Register (NIS). The form for the employment agreement is available here.
The NMA may approve other forms upon application from the employer; however, only the form itself will be approved – the content of the employment agreement will not be subject to approval.When completing the prescribed or NMA‑approved employment agreement form, it is important to include all relevant information required pursuant to section 2 of the above‑mentioned Regulations. Guidance for completing the form is included in the form issued by the NMA. In addition to the requirements of section 2 of the Regulations, the form must also state that it is in accordance with section 3‑1 of the Act of 21 June 2013 No. 102 relating to employment protection, etc. for employees on board ships (Ship Labour Act), including applicable regulations.Furthermore, for ships registered in NIS, the employment agreement must include the information required under section 6 fourth paragraph of the Act of 12 June 1987 No. 48 relating to a Norwegian International Ship Register (NIS) is included in the employment agreement, as follows: “Individual contracts of engagement for service on ships in this register shall expressly state that the contract is subject to Norwegian laws and Norwegian courts, but that cases concerning the employee’s service on the ship may be brought against the owner before a Norwegian court or before a court in the employee’s country of residence.”There is no provisional period for the requirement of having correct employment agreements on Norwegian ships, including NIS ships.
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The requirement to use the NMA’s employment agreement form may be derogated from in collective bargaining agreements (CBAs) for NIS-registered ships (but not for NOR ships), cf. section 8 of the NIS Act concerning the Ship Labour Act, cf. the Ship Labour Act section 3-1 fourth paragraph. CBAs are private law agreements and are therefore not administered by the NMA.
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- A medical certificate issued by a seafarer's doctor with a Norwegian approval. Please see list here: Seafarers health
- A medical certificate issued by an EEA country in accordance with the EEA country's regulations.
- A medical certificate issued by UK (ENG1) and the People's Republic of China in accordance with these countries' regulations.
Please see further information here: Medical certificate
Exemption when registering a vessel in NIS/NOR
According to section 6 a of the Regulations of June 2014 No.805 on medical examination of employees on Norwegian ships and mobile offshore units the following exemption applies for medical certificates when registering a vessel: When a new vessel is registered in a Norwegian ship register to fly the Norwegian flag, the NMA may upon written application from the company grant a time-limited exemption from the requirement of having a valid medical certificate pursuant to these Regulations, provided that the company can confirm that:
a) it is not reasonably possible to provide valid medical certificates pursuant to these Regulations for all persons working on board prior to the date of registration in a Norwegian ship register;
b) the persons working on board have valid medical certificates issued by a flag State which has ratified the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), and compliance with the STCW requirements is specified in the medical certificates;
c) copies of valid medical certificates pursuant to these Regulations will be submitted as soon as possible and no later than three months after the vessel has been registered in a Norwegian ship register.
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Endorsement
Officers holding a STCW-certificate issued by an administration Norway has an agreement with may apply for endorsement. The ship owner or agent must apply on behalf of the seafarer, for more information regarding the application process and requirements, please visit the links below.
- Apply for endorsement
- Guidelines for application for exemption and endorsement of Certificate of Competency Deck Officer for non-EEA nationals - Norwegian Maritime Authority, see: Endorsement for captains
For Masters only
Course in Norwegian maritime legislation (NIS course) must be completed at an approved course centre if the applicant is to serve as Master on board a Norwegian ship.
If the applicant is to serve as Master on board a Norwegian ship, and has a citizenship from a non-EEA country, the application process will differ slightly. Application for exemption from the nationality requirement shall be registered through Altinn, sent by mail or e-mail to post@sdir.no.
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Section 5-14 of Regulations on the working environment, health and safety of persons working on board ship
(1) Safety representatives and members of the working environment committee shall be given the training necessary for them to discharge their duties in a satisfactory manner. The expenses of such training shall be covered by the company.
(2) The training shall:
a. include an introduction to safety and environmental work;
b. provide knowledge of ergonomics, noise, lighting, climate and welfare-related measures;
c. provide knowledge of accident prevention, including preventive measures, the use of personal protective equipment, etc.;
d. provide knowledge of risk assessment of work operations as an essential part of accident prevention;
e. provide an introduction to and information about the Ship Safety and Security Act, the Ship Labour Act (see: Acts) and these Regulations;
f. provide an introduction to the structure and role of the Norwegian Maritime Authority, also in relation to other authorities concerned.
(3) The duration of the training shall be not less than 40 hours. Training of shorter duration than 40 hours may be agreed on if the parties jointly consider this to be appropriate with regard to the character and scope of the problems. The training shall be documented.
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This is stated in paragraph 4 of Article V of the Maritime Labour Convention. Welfare services and social activities on board can have a significant impact on the crew's well-being, sense of community and working environment. Here you will find information about welfare services provided by the NMA, as well as tips for social activities that should be easy to carry out on board.
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Learn about the grant scheme designed to promote the employment of seafarers, strengthen Norwegian maritime competence, increase the recruitment of Norwegian seafarers and ensure competitive conditions for companies by following the link below.
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Are you wondering whether your vessel can be registered in NIS or NOR? Here is a brief overview of the differences between the two registers.