1. The seafarer is entitled to repatriation in a fast, convenient manner, if possible by airplane, to a destination chosen by the seafarer in case of:
a. termination of the seafarer employment agreement;
b. an illness, that requires repatriation;
c. recovery from an illness, if the seafarer has been left for
hospitalization outside the country, where the seafarer resides or the place where the seafarer has entered into the seafarer employment
d. loss of the ship;
e. the employer cannot meet his legal or contractual obligations due to failure, sale of the vessel, a change of registration or any similar reason;
f. the ship is bound for a war zone, and the seafarer refuses to go to that zone, or
g. after a period of at most 12 months during which the seafarer has worked on board.
2. In case of repatriation, the employer shall remit the following
a. the costs of the voyage to the destination;
b. board and food from the day the seafarer has left the ship until
the seafarer has reached the destination;
c. wages and compensation from the day the seafarer has left the ship until the seafarer has reached the destination;
d. medical treatment, if necessary, until the medical condition of the seafarer allows the travel to the destination;
3. As destination are regarded:
a. the place where the seafarer employment agreement was entered into;
b. the country of residence of the seafarer, or
c. the place as specified by the relevant competent authority in the seafarer employment agreement or the applicable collective bargaining agreement.
4. The right to repatriation lapses if the seafarer has not made his wish to repatriation known to the captain within two days after a situation as specified in paragraph 1, a, c, d, e, f and g has occurred. By collective bargaining agreement or regulation by or on behalf of a competent authority a longer period may be agreed to.
5. A copy of the legal requirements regarding repatriation shall be
available to the seafarer on board in both the Dutch and the English
1. The employer is liable to the seafarer for damages suffered
by the seafarer due to shipwreck of or any other disaster to the ship.
2. In case of full or partial loss of the equipment by the seafarer due to shipwreck or any other disaster, the seafarer is entitled to a payment, the sum of which shall be determined by Ministerial Decree.
3. In case of unemployment due to shipwreck or any other disaster, the seafarer is entitled to payment of the wages to the amount determined in the seafarer employment agreement during the period of unemployment, but not more than two months. In case the wages are not determined by time, the payment equals the wages, customarily paid calculating the full wages determined by time.
4. The payment, mentioned in paragraph 3, will be decreased by the wages to which the seafarer is entitled in accordance with Art. 729.
5. If the seafarer dies in a shipwreck or any other disaster, the payments mentioned in paragraph 2 and 3, shall be paid to the heirs as mentioned in Art. 673 (3).
6. The claims regarding the payments mentioned in paragraph 2 and 3, are privileged on all movable and immovable goods of the employer. This privilege is equally ranked with that, mentioned in Book 3, Art. 288 (e).
1. If the seafarer dies during his service on board or ashore in connection with his service on board, the shipowner shall bear the costs of:
a: burial of the deceased, if this is done outside the country of residence;
b: the transport of the deceased to his place of residence, as well as the costs of disinterment, if necessary, if burial of the deceased takes place in the country of residence.
2. The master shall take care of the personal belongings of a sick, missing or deceased seafarer and he shall make an inventory in detail, in the presence of two seafarers, the belongings and this inventory shall be signed by the master and the two seafarers. The master shall see to turning over these belongings to the seafarer or to his next of kin in case of missing or death of the seafarer, as meant in Art. 674.3.
3. If the place of residence of the seafarer or his next of kin are unknown, the shipowner shall keep the belongings for three years. After this period has ended, the shipowner may sell the belongings or, if the belongings cannot be sold, turn these over to a third party to keep or to destroy.
4. In case of sale, the proceeds shall be deposited in cash in consignation. This cash will take the place of the belongings.
The seafarer's employment agreement for a definite or prolonged period ends in the first port in which the ship calls after that period has expired and, in so far as necessary, the agreement has been terminated.
1. The seafarer's employment agreement for a definite period, for a voyage, terminates after the end of the voyage or voyages, for which it was entered into.
2. If the voyage terminates at a different port than agreed upon, the seafarer's employment agreement ends at the moment that the seafarer has been repatriated in accordance with Art. 718. If the seafarer's right to repatriation has lapsed, the seafarer's employment agreement is terminated in the port, mentioned in the first sentence, at the moment the right to repatriation has lapsed.
1. During the service-time the seafarer is on board a seagoing vessel, each of the parties may terminate in writing the seafarer's employment agreement for an indefinite period, in any port that the ship calls at, taking into account a notice period of at least 7 days. The notice period for the shipowner may not be shorter than that for the seafarer.
2. Paragraph 1 is applicable if the shipowner dies during a seafarer's service on board, and, either the shipowners' successors to the shipowner or the seafarer wishes to use their right under BW, 7:675.
During a voyage each of the parties may only terminate the seafarer's employment agreement on the grounds of BW, 7:677, paragraph 1, during the period that the vessel is in port.
The seafarer, who cannot work as a result of disease, pregnancy or
childbirth, will retain the right to full wages during the period on board.
The seafarer, as meant in Art. 734, is entitled to decent nursing and medical treatment until he has recovered.
This entitlement is however not due to:
a) a seafarer who is insured in accordance with the Health
Care Insurance Act during his stay in the Netherlands; and
b) a seafarer who is in his country of residence.
This right lapses if the seafarer has or if he could have returned to
his country of residence.
From the entitlements for the seafarer under this Article, the amounts of the Exceptional Medical Expenses Act shall be deducted.
1. The seafarer meant in Art. 734, who is insured in accordance with the Health Insurance Act or any likewise statutory regulations of a member state of the European Union, is entitled to his full wages for a period of twelve weeks, contrary to Art. 629 (1), if he is left behind for nursing in a different country than his country of residence.
2. This entitlement to his full wages lapses as soon as the seafarer can obtain and perform suitable work or if he has returned or may have returned to his country of residence.
To calculate the period of 104 weeks, as mentioned in Art. 629 (1), the period during which the seafarer is sick on board, as mentioned in Art. 734, and the period mentioned in Art. 734b(1) will be included.
1. The seafarer, mentioned in Art. 734, who is not insured on account of the Health Insurance Act (= Ziektewet) or any likewise statutory regulations of a member state of the European Union, is entitled to 80% of his wages before his disease during the period of his disease, without any regard to continuation of the seafarer employment agreement, a period of not more than 52 weeks, increased with the cash amount of other elements of his wages, in accordance with a Ministerial Decree.
2. The period of 52 weeks of paragraph 1 starts at:
a. the day his disease started, in case of disease during a period that he was not serving on board;
b. the day he was hospitalized ashore, in case his disease started during his service on board, or on the day he returns to the ship in case he has not recovered from his disease. If he is left for treatment in a country, which is not his country of residence, the entitlement of 80% is raised to 100% during the first 12 weeks.
3. The entitlement, mentioned in the last sentence of the second paragraph, ends as soon as the seafarer can obtain and perform suitable work or when he has returned or could have returned to his country of residence.
4. If the disease is caused on purpose by the seafarer, the entitlements may be annulled or decreased.
1. The seafarer as mentioned in Art. 734d, who is injured in connection with his seafarers' employment agreement, receives without regard to the duration of this agreement, the amounts and provisions in accordance with Art. 734f-734k. If the seafarer dies on account of the accident, this right will fall to his next of kin, as mentioned in Art. 674 (3).
2. For the application of Art. 734f-734j, diseases that are mentioned in a list as published in a Ministerial Decree, will be deemed to be equal to an injury, if the seafarer was injured in connection with the seafarers employment agreement. The disease is deemed to be connected with the seafarers employment agreement, if the disease is revealed during the period of the seafarers employment agreement or within a period after the expiry of the seafarers employment agreement, unless the opposite becomes apparent.
3. The terms of Art. 734e (2) are not applicable if the seafarer has refused without relevant grounds to follow a preventive treatment or has not followed such a treatment, even though he was presented with this opportunity without costs.
1. The seafarer, as mentioned in Art. 734d, is, after expiry of the period of 52 weeks as mentioned in Art. 734d, entitled to 70% of his wages in case of temporary full disability to work, and to a part of 70% of his wages, related to the percentage of his disability in case of partial temporary disability to work.
2. The entitlement as mentioned in paragraph 1 ends on the day on which lasting full or partial disability starts, or, if the temporary full or partial disability to work continues, not later than three years after expiry of the period of 52 weeks, as mentioned in Art. 734d.
3. The seafarer as mentioned in Art. 734d, who, on the day after expiry of the period of 52 weeks, as mentioned in Art. 734d, suffers lasting full or partial disability to work, or who within three years after that date becomes fully or partially lasting disabled to work, or on the date three years after the aforementioned date, still is fully or partially temporarily disabled to work, is entitled to a single payment to the amount of three times the yearly wages, calculated on the basis of his benefit, to which he was entitled before the day on which this entitlement starts. Starting from the day on which this entitlement to a single payment starts, as mentioned in the previous sentence, no more entitlements are due on account of Art. 734e-734k.
4. For the application of the previous paragraph, a seafarer is supposed to be fully or partially disabled to work, if, by an injury as mentioned in Art. 734e, he has been fully or partially disabled for work at his level of strength or proficiency and which, taking into account his education en previous work, he may reasonably be charged with.
5. If the seafarer, mentioned in Art. 734d, does not cooperate in a reasonable manner to regain his health or working capabilities, if these have been impaired by an injury as mentioned in Art. 734e, the level of inability to work, as mentioned in the previous paragraph, will be estimated at the level that might have been achieved if he would have cooperated fully.
1. The seafarer, as mentioned in Art. 734d, is entitled in respect of an injury to medical treatment or a compensation from the day of the injury, if he is in his country of residence or he could have returned there, until the date of no more than three years after the period of 52 weeks, as mentioned in Art. 734e, and without prejudice to the stipulation in the last full sentence of Art. 734f (3). The issue of artificial appliances is included under the term "medical treatment", insofar as these may contribute to his ability to work or to improvement of his living conditions, including instruction in the use of these artificial appliances.
2. By Ministerial Decree regulations regarding this Article may be set.
1. Without prejudice to Art. 674, the next of kin as mentioned in Art. 734e (1), are entitled to a single payment that amounts to:
a. for the person to whom the deceased was married or had
entered into a registered partnership at the time of the injury: three times the amount for a year, calculated at 30% of the wages of the deceased;
b. for each child or stepchild under the age of eighteen years:
three times the amount for a year, calculated at 15% of the wages of the deceased or 20% of the wages of the deceased, if the child is orphaned.
c. for those persons, not mentioned under a) or b), with whom the deceased lived as a family at the time of the injury and to whose maintenance he contributed to a great extent: three times the amount of the contribution for the maintenance for a year, provided that, if this person is younger than eighteen years, the entitlement shall not
exceed the amount that he would have received as a child of the deceased.
2. The amounts mentioned in the first paragraph taken together shall not amount to more than three times the amount for a year, calculated at 60% of the wages of the deceased. The persons, mentioned in Art. 734h (1c), are only entitled to a payment, if the persons, mentioned in Art. 734h (1a and 1b), have all received their payment in full. If the persons, mentioned in Art.. 734h (1a and 1b), together would receive a payment of more than three times the payment for a year, calculated at 60% of the wages of the deceased, each of these payments will be reduced proportionally.
3. For the application of this Article and Art. 734e, the stipulations by or under Art. 8 of the Survivor benefits act are equally applicable.
By Ministerial Decree rules may be set to prevent or reduce the concurrence of payments or provisions from other sources as intended in Art. 734 and 734d until 734h.
For the application of Art. 734f and 734h, the wages of the seafarer is understood to be the wages in cash amount during a specified period that he earned until the injury, as mentioned in Art. 734e, took place, increased with the monetary value of other parts of the wages, as specified by a Ministerial Decree. The amount during a specified period in excess of the amount as specified by Ministerial Decree , will not be taken into account.
1. If a society possessing full legal rights, recognized by Us has been instituted, the shipowner shall be party of this society to guarantee to the seafarers mentioned in Art. 734d and their next of kin as mentioned in Art. 734d-734j their lawful obligations.
2. In case of Art. 734k (1), the shipowner and the society are individually bound to the seafarers and their next of kin, as mentioned in Art. 734d, and the employer and the shipowner are individually bound to the society for compliance with the obligations of Art. 734d-734k.
3. At its request a society may be recognized as a society as mentioned in the first paragraph, if it complies with the following requirements:
a. it has been established by one or more representative organisations of employers and one or more representative organisations of seafarers, at Our judgement, possibly together with one or more employers;
b. it does not aim to make profit.
4. Only one society will be recognized under Art. 734k (3)
5. The articles of association of the society, mentioned in paragraph
1, shall include provisions regarding:
a. the board of the society shall consist for one half of representatives of the employers and for one half of representatives of seafarers;
b. the representatives of the employers, taken together, shall cast as many votes as the representatives of the seafarers taken together;
c. the costs of the obligations under Art. 734d-734k, in relation to the seafarers and their next of kin as mentioned in the first paragraph, as well as the costs related to the formation and maintenance of a reserve, shall be divided amongst the employers at the ratio of the wages, that are paid each year to the seafarers, and as wages is understood the wages as defined in chapter 3 of the Wet financiering sociale verzekeringen.
1. After his recovery, regardless of the continuation of the seafarer
employment agreement, the seafarer is entitled to a payment equal to the wages for the period before his disease, if he was left behind in another country than the country of residence and in a different place than the place of signing of the seafarers employment agreement.
2. In addition the seafarer is entitled to accommodation and nourishment.
3. The entitlements mentioned under paragraph 1 and 2 end as soon as the seafarer can obtain and perform suitable work, or he has returned or has been able to return to his country of residence or to the place of signing the seafarers employment agreement.
4. If the disease has been caused deliberately by the seafarer, the payment as mentioned in paragraph 1, may be forfeited or decreased.
The Civil Code, Book 7, Art. 702, 703, 704 (2), 709, 711, 718-720, 725, 732, 734, 734a-734c, 734e-734m and 738-738 f are equally applicable to the employment agreement of an employee, who normally works on shore, if the employee works on board of a seagoing vessel, during the period that he works on board.
1. Art. 718-720 are equally applicable to persons who, other than on the basis of an employment agreement and regardless of the applicable jurisdiction, perform work on board of a seagoing vessel, taking into account that 'employer' must be understood to be the shipowner.
2. The shipowner is obliged to have an insurance that will, in case of a repatriation as intended in Art. 718 covers the expenses, intended in Art. 718, paragraph 2. The Art. 738a paragraph 5-7, 738b and 738c are equally applicable.
The shipowner is accountable for fulfilling the obligations arising from Articles 706-709, 717-720, 734 and 734a-734l, in case the employer is irrevocably sentenced to fulfilment but fails to comply.