VENEZUELAN LABOR LAW
CHAPTER VII
TRANSPORTATION WORK
SECOND SECTION
MARITIME, FLUVIAL AND LACUSTRIAN WORK
Article 333. The maritime, fluvial and lacustrian work of the members of a crew who render services aboard of a merchant ship at the Benefit of a shipowner or freighter, either Turing the navigation time or when they stay at port, shall be governed by the provisions of this Section, in addition to those included in this Law which may be applicable as long as the former do not amend the latter. The employer shall register them in the role of crew.
The norms related to the crew of a merchant ship shall be likewise applicable to those of any type of vessel which transport persons and objects as well as to those who work in navigation accessories.
Article 334. Minors may not render service in a vessel.
Article 335. In the absence of a collective agreement, before the workers start to render a service in a vessel, they shall subscribe an employment contract which shall be legalized before the Harbor Master’s Office of the place of recruitment. When said contract is not subscribed by written, it shall be enough the inclusion of the worker in the role of crew member of the vessel or the simple utilization of his services. There shall be considered as compulsory clauses included in the employment contract the following:
a) In the cases in which the load or unload must be carried out by the crew, the work shall correspond to the deck personal. If said work is effected out the ordinary working day, the spent hours shall be considered as extraordinary hours, although the mobilization has been agreed upon at so much the piece or ton;
b) In the cases of mobilization of explosives and inflammable substances the payment of an overwage shall be in order; and
c) In the case of cleanliness of the combustion chest and pipes by the engine workers, or repair of the vessel on land by the crew, the payment of and overwage shall correspond to those rendering such services.
FIRST PARAGRAPH. The employment contracts which must mature within the eight (8) days prior to the termination of a trip the duration of which exceeds said term, may be annulled by the concerned crew members without indemnification payment, giving notice to the Captain seventy two (72) hours prior to the departure of the vessel.
SECOND PARAGRAPH. The nationality change of a Venezuelan vessel shall be just cause for the termination of the employment contract by worker.
THIRD PARAGRAPH. The crew members contracted shall be bound to observe the discipline aboard.
FOURTH PARAGRAPH. The National Executive, upon regulating this Law, shall specify the mentions that the employment contract must include.
Article 336. The labor relationship per trip shall comprise the time included since the contracting of the worker up to the termination of the operations of the vessel in the port agreed upon. When the port where the worker has to be brought back has not been determined, there shall be chosen that one of the place where the worker was contracted.
In the case that the worker has been contracted per trip, if this were delayed or extended in its duration, the worker shall have the right to a proportional increase of his wage, but it may not be decreased if the trip time is reduce.
Article 337. The wages and other credits of the workers because of the labor relationship shall enjoy the privilege against the vessel and shall be independently from any other privilege whatsoever.
Article 338. When the vessel is in a foreign port, the worker may decide that his wage be paid in that equivalent to foreign currency, at the exchange rate governing for the date of the payment.
Article 339. The ordinary work duration in the maritime, fluvial and lacustrian navigation shall be of forty four (44) weekly hours but a different working day may be agreed upon, provided that the average of duration of the work of a crew member, in a period of eight (8) weeks, does not exceed forty four (44) hours per week. The work to be carried out in Sundays and holidays shall be justified and shall be remunerated pursuant to that provided for in Article 154. The compensatory rest may be added to the vacations of the worker.
Article 340. Every official or crew member, in order to carry out guard shifts, either on deck or in the engine room, shall have enjoyed a rest of four (4) hours immediately previous to the beginning of his guard, except in the case of the initiation of the employment contract or an emergency situation.
Article 341. The crew member has the right to a rest of eight (8) uninterrupted hours within the twenty four (24) hours of a day. There are exempted from this provision the small burden vessels, in which the service of two (2) shifts may be established.
Article 342. When the vessel must stay at port, dock, bay, haven or dam during more than twenty four (24) hours and if the Captain deems so necessary, the port guardian service shall be organized, after which, this circumstance shall be noted in the navigation diary.
After having established said service, a list of the guardian personnel shall be daily located in a visible place. The personnel appointed for this purpose may not abandon the vessel under no circumstance whatsoever.
Article 343. The work hours dedicated to the following cases, without detriment of the others contemplated by the pertinent laws, shall not be considered as extraordinary hours and thereupon they shall not be considered as extraordinary hours and hereupon they shall not give right to a special remuneration:
a) When the security of the vessel, of the people embarked or of the load are in danger because of fog, bad weather, fire or shipwreck, or because of other reasons considered as force majeure causes<
b) When due to illnesses, accidents or other similar force majeure causes that take place during the trip. The personnel of the vessel is reduced;
c) When it is necessary to instruct the personnel in exercises for clearing the deck of the ship;
d) When the direct responsible for nautical mistakes or negligence must effect extraordinary works, they shall not have right to a remuneration; and
e) When after having started a trip it is necessary to carry out an overhauling or repairing work in the rigging of the vessel or in the engine room, or when said works are ordered by the Captain because he deems they are indispensable for the security of the vessel.
Article 344. A record of extraordinary hours shall be kept on every vessel in which there shall be noted the extraordinary hours effected, the names of those worked said hours and the reasons justifying them.
Article 345. In addition to the right to enjoy his annual vacations on land, the worker shall likewise enjoy three (3) remunerated rest days independently from the annual vacation period to which he has right to, when regularly the vessel does not stay more than twenty four (24) hours at the port.
Article 346. In the work of maritime, fluvial and lacustrian transportation, the employer has the following obligations against his workers:
a) To supply them comfortable and hygienic lodgment on board;
b) To supply them healthy, nutritive and enough food on board;
c) To supply them lodgment and food when the vessel is taken to a foreign port in order to be repaired and the workers may not stay on board;
d) To grant them the time necessary for exercising the vote right in national or trade unions elections, provided that the security of the vessel allows it and its departure at the time and date fixed is not delayed;
e) To supply them medical attention, hospitalization and medicines in the case of accident or illness, whatever it may be its nature, when the social security does not foresee it;
f) To inform the Work’s Inspector about the work accidents which take place on board;
g) To pay them that equivalent to food and transportation when the workers enjoy the rest day on Sunday or holiday in a port other that of his contracting and do not stay at the vessel. Such payment shall be effected in legal tender currency of that port;
h) Repatriate them or to take them to the contracting place; and
i) The others established by this Law and its Regulation and by the collective agreements.
Article 347. When the Port Captain or the person who stands in for, due to bad weather forecast, decides that the member of a vessel must be complete on board, the Captain of the vessel shall let it know to the crew members by means of a notice within reach of everybody and shall note said circumstance in the navigation diary.
Article 348. All of the crew members shall be bound to remain on board in the cases in which the vessel has been declared in quarantine.
Article 349. No vessel whatsoever, whatever it is draft, tonnage and class of navigation to which it dedicates may be manned by less than two (2) men.
No vessel whatsoever may navigate when at the judgment of the competent authority or in accordance with the norms and practice s of the navigation does not meet the minimal conditions of navigability or of industrial hygiene and security. In such a case, a crew member may not be ordered to navigate.
Article 350. The worker shall respect and carry out all the instructions and practices aimed at preventing risk s in the sea, which shall be effected pursuant to that determined by the respective laws.
Every crew member is bound to attend the fire clearings abandonment of the vessel and other exercises and rescue maneuvers ordered by the Captain without it being considered as extraordinary work.
Article 351. The following work accidents shall be governed by the provisions of this Law and by the others which are applicable:
a) On board of national vessels; and
b) On board of foreign vessels, if the accident takes place in Venezuelan waters.
In these cases the Captain of the vessel shall fulfill the formalities indicated by this Law before the Harbor Master’s office from the place where he lands, once the vessel has been admitted to pratique.
If the landing port is a foreign one, said formality shall be fulfilled before the Venezuelan Consul, if any in the port, being bound to do it, in any case, when he arrives to a Venezuelan port.
Article 352. In the work of the maritime, fluvial and lacustrian navigation, justified causes of dismissal are, in addition to these provided for in Article 102 of this Law, the following acts of the workers:
a) Failure to present on board at the time agreed upon for the departure or, although being present, he disembarks and does nor travel;
b) The drunkenness on board;
c) The use of drugs without medial prescription accrediting that their ingestion do not alter his service capacity. When it should be the case, the worker, upon boarding, shall inform the Captain and show him the prescription delivered by the physician;
d) The violation of laws and disobedience to the Captain’s orders, in his capacity as authority;
e) The violation of laws in the matter of importation or exportation of merchandise; and
f) Any act of intentional omission or neglect which endangers his security or that of the others or causes damage, prejudices or endangers properties of the employer or third parties.
Article 353. As long as the vessel is in the foreign sea or country, the worker may not be dismissed, except that he has been contracted in such country.
Article 354. The temporary mooring of a vessel does not cause the termination of the labor relationship. It only suspends its effects until the vessel returns to service, except the duration of the seniority which remains unaltered.
Article 355. When the vessel loses due to seizure or disaster, the employer must repatriate the worker and pay him the wage up to arrival to the country. The seizure or disaster provoked by the employer shall be considered as a justified cause for the termination of the labor relationship in the case that the employer may not furnish the worker with a similar post in another vessel.
Article 356. In the Venezuelan flag vessels employing more than fifteen (15) workers, there shall be a delegate on behalf of the latter, chosen by them, who shall enjoy trade union privilege.
Article 357. The National Executive, upon regulating this Law or by Special Resolutions, may establish specific modalities with regard to the work conditions of the workers of the maritime, fluvial and lacustrian transportation.
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(Free translation)
Venezuelan Labor Law. Chapter on Maritime, fluvial and Lacustrian work.
Luis Cova Arria & Asociados