By Laura Carballo Piñeiro

ISBN-10: 3662470314

ISBN-13: 9783662470312

ISBN-10: 3662470322

ISBN-13: 9783662470329

This booklet makes a speciality of maritime employment from a personal foreign legislations viewpoint. the 1st bankruptcy analyzes the history opposed to which foreign jurisdiction and clash of legislation ideas are drawn up and examines uniform legislations during this context, specifically the 2006 Maritime Labour conference and the 2007 ILO conference No. 188 on paintings in Fishing. the second one bankruptcy addresses foreign jurisdiction concerns as regards person employment contracts, whereas additionally exploring different concerns (e.g. insolvency-related and social safeguard concerns) which are for that reason revisited within the 3rd bankruptcy whereas discussing clash of legislation matters relating to acknowledged contracts. In flip, bankruptcy 4 makes a speciality of collective labour relatives and personal overseas legislation, i.e. collective agreements, moves and other kinds of collective motion and knowledge, and at the participation rights of staff in company matters.

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731–744, focusing on the group’s unity with the idea of finding a solution to this problem and, to this end, playing with the trinomial ‘ownership, authority and contract’. 4 The Internationalisation of Maritime Employment: Parties to the Maritime. . 112 For example, this doctrine is regularly applied in the shipping and fishing sectors in cases involving the arrest of vessels that are deemed by creditors to be the property of their debtors, even if the vessels are assigned to a different company.

Shipowners fit this definition,76 which can be completed by reference to the place where the services are provided: a vessel or a fleet—as employees may be attached to more than one ship if the employer owns more than one vessel—operating under the employer’s organisation and instructions. It is therefore important to emphasise that ownership on the one hand and the operating of a ship or fleet on the other are currently seen as separate concepts, and it is the operating of the fleet or vessel that matters when it comes to identifying employers,77 as acknowledged by MLC, 2006, and WFC 2007.

88 On the economic relevance of manning agencies, see the Commission Communication providing guidance on state aid to ship management companies (OJ Nr. 2009, p. 6), whereby state aid—in particular tonnage tax—to shipowners is extended to manning agencies. 89 See Monzani (2004), p. 673. 90 This would be the case in Greece according to Makridou (2010), p. 209. And that is also the stance of Uruguayan practice as shown by Tribunal de Apelaciones No. 1999. 2005 (BOE No. 2005). Article 10 (4) reads as follows: ‘.

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International Maritime Labour Law by Laura Carballo Piñeiro


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