8/13 – Hours of work and rest

The Seamen’s Act, which was in effect until 2013, stipulated that ships flying the German Flag must comply with both maximum working hours and minimum rest periods (“And” rule). Under international law (the International Maritime Labor Convention) and EU law, each member state must establish either a maximum working time or a minimum rest period (“Or” rule).

Under the “and” rule, only the maximum working hours matter in practice, because the minimum rest period is observed in any case. Under the “or” rule, on the other hand, only the minimum rest period is important, because the maximum working hours are always observed. The maximum working time is 72 hours per week. The minimum rest period must not be less than 77 hours per week; this results in a maximum working time of 91 hours per week (7 days × 24 hours = 168 hours – 77 hours = 91 hours). If only the minimum rest period is specified (“or” rule), 14 more hours of work on board per week are permitted compared to when the maximum working hours are specified (“and” rule).

With the entry into force of the Maritime Labor Act (SeeArbG) on 1 August 2013, the previous “and” provision of the Seamen’s Act was generally retained; however, Section 48(2) simultaneously stipulated that, in case of a short succession of port calls, only the minimum rest period (“deviation from the maximum working time”) applies. Under the SeeArbG, a short succession of ports exists when there are fewer than 36 hours between the offshore pilot transfer positions of the area to be left and the area to be entered – in practice, this means a transit voyage. In doing so, the legislature has responded to a practical need of shipping companies to rely solely on the minimum rest period during the voyage between close ports and to permit longer working hours on board at least for this part of the voyage as is common practice internationally.