Skipsarbeidere

Skipsarbeidsloven

02 Dec 2013

Skipsarbeidsloven trådte i kraft 20. august 2013. Dette med unntak av ett kapittel – vern mot diskriminering som reguleres i skipsarbeidsloven kapittel 10. Skipsarbeidsloven erstattet sjømannsloven og de viktigste nye […]

Skipsarbeidsloven trådte i kraft 20. august 2013. Dette med unntak av ett kapittel – vern mot diskriminering som reguleres i skipsarbeidsloven kapittel 10. Skipsarbeidsloven erstattet sjømannsloven og de viktigste nye bestemmelsene fremgår slik:

Aldersgrensen for sjøfolk heves fra 62 til 70 år.
– Stillingsvernet for sjøfolk styrkes.
– Rett for sjøfolk til å fortsette i stillingen ved tvist om en oppsigelse er lovlig.
– Utvidelse og klargjøring av sjøfolks permisjonsrettigheter.
– Arbeidstakernes rett til drøfting og informasjon styrkes.
– Rederiet gjøres solidarisk ansvarlig for arbeidsgivers økonomiske forpliktelser.
– Av hensyn til kjønnsnøytral lovgivning er uttrykket “sjømann” erstattet med “arbeidstaker”.

Et hovedformål med innføringen av den nye skipsarbeidsloven var å få oppdatert sjømannsloven til dagens situasjon. Loven skal forbedre skipsarbeidernes stillingsvern, utvide deres rettigheter og styrke sjøfolks stilling. Skipsarbeidsloven er en vernelov, som skal styrke arbeidstakernes rettigheter. Som en konsekvens av dette har arbeidsgiver og ansvarlig rederi blitt pålagt flere plikter og ansvar i forhold til tidligere lov. Skipsarbeidsloven bygger i stor grad på arbeidsmiljøloven, men på grunn av de særskilte forhold som gjør seg gjeldende ved arbeid til sjøs, ble reglene fastsatt i en egen lov.

Fra og med 1. januar 2014 settes hele loven i kraft og også bestemmelsene i kapittel 10 om forbud mot diskriminering må ivaretas. Bestemmelsene inneholder selve diskrimineringsforbudet og er en videreføring av sjømannsloven § 33. Forbudet tilsvarer også arbeidsmiljøloven § 13-1.

Bestemmelsene setter forbud mot direkte og indirekte diskriminering. Hva som er direkte og indirekte diskriminering er ikke nærmere definert, og må forstås i tråd med annen diskrimineringslovgivning.

Forbudet rammer diskriminering på grunn av politisk syn, medlemskap i arbeidstakerorganisasjon og alder. I tillegg gjelder det i skipsfart forbud mot diskriminering på grunn av kjønn, etnisitet, religion mv. og nedsatt funksjonsevne etter annen lovgivning.

Forbudet gjelder tilsvarende ved diskriminering på grunn av deltids- og midlertidig ansettelse.

Forbudet mot aldersdiskriminering er nærmere omtalt i tilknytning til vernet mot oppsigelse på grunn av alder.

Bestemmelsene klargjør at diskrimineringsforbudet rammer trakassering og instruks om å diskriminere.

Diskriminerings- og tilgjengelighetsloven gjelder også ved diskriminering på grunn av nedsatt funksjonsevne. Henvisningen er ny, men stadfester det som allerede gjelder. Utgangspunktet er at diskriminerings- og tilgjengelighetsloven kommer til anvendelse i skipsfart. Tilretteleggingsbestemmelsene i dtl. §§ 9, 10 11 og 12 gjelder likevel ikke for skip eller installasjoner og fartøy i virksomhet på kontinentalsokkelen, jf. dtl. §2 annet ledd. For disse gjelder heller ikke rapporteringsplikten i dtl. §3.

Virkningene av brudd på diskrimineringsforbudet fremgår av lovens § 10-9.

Det fremgår der at den som er blitt diskriminert i strid med § 10-1, eller utsatt for gjengjeldelse i strid med § 10-7, kan kreve oppreisning og erstatning uavhengig av om arbeidsgiveren eller rederiet kan bebreides for diskrimineringen. Erstatningen skal dekke økonomisk tap som følge av diskrimineringen. Oppreisning for ikke-økonomisk skade fastsettes til det som er rimelig ut fra skadens omfang og art, partenes forhold og omstendighetene for øvrig. Det fastslås videre at bestemmelser i tariffavtaler, arbeidsavtaler, reglementer, vedtekter mv. som er i strid med dette kapittel, er ugyldige.

 

Om forfatteren

Monica Gjerde Sperre
Monica Gjerde Sperre Monica Gjerde Sperre har i nærmere 20 år arbeidet med fiskerirettslige problemstillinger med hovedvekt på arbeidsrett og skipsarbeidsrett. Hun arbeider fra vårt kontor i Ålesund, men har oppdrag i hele regionen Midt-Norge. Hun arbeider med rettslige spørsmål som berører fiskeindustrien hva angår både landanlegg og fiskeflåten. Hun har derfor et godt innblikk i de næringsrelaterte problemstillinger som reises innenfor bransjen både rettslig og politisk.

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