LEGAL OPINION – Labour issues in coastal ferry services
In coastal ferries employment, the seafarer is entitled to overtime when working for more than eight hours. This includes Saturdays, Sundays and holidays. For Sundays worked at sea or in port, there is an extra bonus which amounts to 22% of the basic salary.
In case of a labour accident, the remuneration of law 551/1915 is due regardless of the fault of the owner and categorises the accidents according to their severity and time off work. For accidents leading to temporary full inability to work, the remuneration provided amounts to half of the salary due to being received on the day of the accident for as long as the full inability to work lasts.
Labour accident claims are subject to a three-year time-bar, where law 551/1915 applies and as long as procedure provided by it is observed by the owner.
Claims arising from sea employment are subject to a one-year time bar.
Piraeus One membered Court of Appeal Judgment no 597/2017, Judge: Er. Liouli, Attorneys at law: E. Papantonopoulou, EP. Kaloyianni – Kondosea , Maritime Law Review vol. 45, P. 280.
NOTE: In view of the above, work on Sundays within the eight-hours margin is not considered overtime. Further, where the owner does not observe the law 551/1915 procedure, the three-year time bar does not apply; the usual longer one is applicable. Lastly, the one-year time-bar for sea employment claims starts at the end of the year when the claim occurred.