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Assessment of Selected Working Conditions of Workers Employed on Drilling and Extraction Platforms in the Light of the European Union and International Law

100%
Rycak M.
Studia Iuridica
|
2016
|
vol. 68
321-332
EN
The paper discusses working conditions of workers employed on drilling and extraction platforms as provided for in the Act on maritime labour of August 5, 2015 (henceforth Maritime Labour Act) from the viewpoint of the their compliance with the European Union and international law. The author examines the problem of classification of drilling and extraction platforms as non-convention vessels in the provisions of the Maritime Labour Act. The analysis leads to a conclusion that, in the light of the Maritime Labour Convention adopted in Geneva by the General Conference of the International Labour Organization (ILO) on February 23, 2006 (henceforth the MLC) and the Act of September 18, 2001 – the Maritime Code, drilling or extraction platforms shall be regarded exclusively as seagoing merchant vessels and as such are covered by the MLC provisions. Workers on drilling or extraction platforms, which at the same time are seagoing ships, should be considered seafarers in the meaning of the Maritime Labour Act. The subject of the analysis covers also regulations concerning the organization of working time, in particular referring to workers employed on drilling and extraction platforms, with respect to its compliance with the EU labour law and the MLC. The regulation of working time of workers on drilling or extraction platforms as provided for in the Maritime Labour Act should be regarded as incompliant with the provisions of the Council Directive 1999/63/EC of June 21, 1999 and the MLC in the scope in which it permits extension of weekly working time to 84 hours and abandoning of the Labour Code provisions stipulating the minimum weekly rest period. The author concludes that the provisions of the Maritime Labour Act have not implemented the Directive 2003/88/EC of the European Parliament and of the Council of November 4, 2003 concerning certain aspects of the organisation of working time (Directive 2003/88/EC). Finally, the author touches upon the issue of judicial protection and asserting labour rights of workers employed on drilling and extraction platforms. The considerations lead to a conclusion that labour courts have the constitutional grounds for applying the MLC with respect to the working time based on primacy of that international regulation over the respective provision of the Maritime Labour Act. Concluding, the author indicates also that the constitutional rule of social dialogue was infringed during in the law-making process concerning the Maritime Labour Act.
2

Assessment of Selected Working Conditions of Workers Employed on Drilling and Extraction Platforms in the Light of the European Union and International Law

100%
Rycak M.
Studia Iuridica
|
2016
|
vol. 68
321-332
EN
The paper discusses working conditions of workers employed on drilling and extraction platforms as provided for in the Act on maritime labour of August 5, 2015 (henceforth Maritime Labour Act) from the viewpoint of the their compliance with the European Union and international law. The author examines the problem of classification of drilling and extraction platforms as non-convention vessels in the provisions of the Maritime Labour Act. The analysis leads to a conclusion that, in the light of the Maritime Labour Convention adopted in Geneva by the General Conference of the International Labour Organization (ILO) on February 23, 2006 (henceforth the MLC) and the Act of September 18, 2001 – the Maritime Code, drilling or extraction platforms shall be regarded exclusively as seagoing merchant vessels and as such are covered by the MLC provisions. Workers on drilling or extraction platforms, which at the same time are seagoing ships, should be considered seafarers in the meaning of the Maritime Labour Act. The subject of the analysis covers also regulations concerning the organization of working time, in particular referring to workers employed on drilling and extraction platforms, with respect to its compliance with the EU labour law and the MLC. The regulation of working time of workers on drilling or extraction platforms as provided for in the Maritime Labour Act should be regarded as incompliant with the provisions of the Council Directive 1999/63/EC of June 21, 1999 and the MLC in the scope in which it permits extension of weekly working time to 84 hours and abandoning of the Labour Code provisions stipulating the minimum weekly rest period. The author concludes that the provisions of the Maritime Labour Act have not implemented the Directive 2003/88/EC of the European Parliament and of the Council of November 4, 2003 concerning certain aspects of the organisation of working time (Directive 2003/88/EC). Finally, the author touches upon the issue of judicial protection and asserting labour rights of workers employed on drilling and extraction platforms. The considerations lead to a conclusion that labour courts have the constitutional grounds for applying the MLC with respect to the working time based on primacy of that international regulation over the respective provision of the Maritime Labour Act. Concluding, the author indicates also that the constitutional rule of social dialogue was infringed during in the law-making process concerning the Maritime Labour Act.
3
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From the studies on the suicides of Polish seafarers

100%
Kijowski M., Szczypta A., Atkinson M.
Studia Maritima
|
2020
|
vol. 33
183-203
EN
The work of seafarers on a seagoing ship involves numerous negative conditions which affect the physical and mental spheres of their functioning. The struggle with the environment, the inability to leave the ship, and the distance from the family and friends make sailors one of the professional groups at the highest risk of suicides. The author draws special attention to the social significance of seafarers’ suicides, which is related to the circumstances of committing these acts, their total number and their alarmingly high percentage among all causes of sailors’ deaths. Another advantage of the article is that it discusses the almost forgotten term “calenture”, unknown to modern scientific literature and probably related to the sea- farers’ inclination to suicide. The article is based on an analysis of committed suicides and of the unclear results of research into them.
PL
Praca marynarza na statku morskim stanowi przesłankę licznych negatywnych uwarunkowań w sferach fizycznej i psychicznej jego funkcjonowania. Zmagania ze środowiskiem, niemożność opuszczenia statku, odległość dzieląca od rodziny czy przyjaciół czynią z ludzi morza jedną z grup zawodowych charakteryzujących się największym ryzykiem zamachów samobójczych. Autor zwraca szczególną uwagę na społeczne znaczenie samobójstw marynarzy, co powiązane jest z okolicznościami popełniania tych czynów, łączną ich liczbą i niepokojąco wysokim odsetkiem wśród wszystkich przyczyn ich zgonów. Walorem artykułu jest również przypomnienie terminu „kalentura”, niemal zapomnianego, nieznanego współczesnej literaturze naukowej, a prawdopodobnie związanego ze skłonnością marynarzy do popełniania samobójstw. Artykuł opiera się na analizie popełnionych samobójstw i niejasnych wyników badań podjętych nad nimi.
4
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Life Like a Swing: Women’s Perspectives of Everyday Life in Czechoslovak Seafarers’ Families under State Socialism

80%
Krátká L.
Wrocławski Rocznik Historii Mówionej
|
2019
|
vol. 9
45-77
PL
Denying free travel abroad and back to one’s homeland represented an integral part of the communist regime’s authoritarian control in socialist Czechoslovakia. In this context, people who were allowed to travel abroad were in a privileged position. Paper concentrates on the experiences of people who “stayed at home”: the partners and children of workers who were able to travel and work abroad. The analysis of interviews with seafarers’ wives show a strong reproduction of gender stereotypes in these families. This fact is questioned very little by both men and women, because in the seafarer’s profession provided these families with a specific sort of luxury and uniqueness, bringing them considerable benefits that distinguished these people from the majority of the population.
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