Audible response

Consultation response regarding the draft bill for an act on working hours for mobile employees on vessels on inland waterways

Danish Ports thanks for the opportunity to comment on the bill for an act on working hours for mobile employees on vessels on inland waterways.

General comments
Danish Ports notes in general that Denmark does not have inland waterways. Therefore, Danish Ports do not have any comments on the draft bill because it would be a theoretical situation if workers from a Danish port were to work on board a Danish-owned vessel navigating inland waterways in another EU Member State. In relation to the theoretical situation, Danish Ports notes that the draft bill refers in several places to the fact that there is currently no knowledge of specific cases where Danish employment law rules have been applied to an employee sailing on inland waterways on a Danish-owned vessel flying a foreign flag.

Specific comments
The following specific references in the bill clarify that the situation will be theoretical, as there is no knowledge of specific cases.

S 8, paragraph 1 Introduction:
However, we are not currently aware of any specific cases where it has been or is agreed that Danish rules shall apply to an employee sailing on inland waterways on a Danish-owned vessel registered in a foreign ship register.

P 10, section 2.2. Rome Convention:
In theory, there may thus be situations where an employee and employer on a Danish-owned vessel sailing on inland waterways under a foreign flag choose to agree that the Danish rules of employment law shall apply to the employment relationship. We are not aware of any cases where such agreements have been made.

Sincerely
Tina Grønholdt Hansen