The Analysis of the Seafares′Employment Legislation in the Republic of Slovenia

摘要

The paper is analysing national and international legislation regarding the seafarer employment. Particular emphasis shall be placed on the fact, that there is insufficient legislation dealing with seafarer labour law in the Republic of Slovenia. On one hand we have the Employment Relationships Act under which the employment contract is concluded between employee and employer. This act determines additional commitments for the employer, which has to submit the contract with seafarer to the evaluation and to the registration. On the other hand there is a Maritime Code under which the employment contract is concluded between the seafarer and ship owner or other person acting on his behalf. Taking into account the national legislation we have to bear in mind the international legislation and especially consider the requirements arising from rules and standards agreed within the International Labour Organization.A comprehensive analysis of this issue presents solutions that the legislator could take into account when preparing employment of seafarer provisions, which need to be systematically, fairly, socially and legally oriented. There is no shipowner included in the maritime training process and consequently there is no system in place for the systematic employment of seafarers. The main goal of this analysis is to find out where the weaknesses are and what should be done better when implementing the Maritime Labour Convention.