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I am a seaman and I have a work contract undersigned by both sides. In mentioned contract I have a paragraph saying, that:

The payslip and balance payment will be forwarded after evaluation of the work hour protocols until the 15th of the following month.

Another paragraph:

For every day on board (24h), the crew member is entitled to 0,5 days leave/holiday (12h).

And in next paragraph it is written, that:

The seaman is entitled to paid leave in accordance with legal regulations of §§ 56 to 64 of the German Maritime Labour Act. The calendar year is the basis for the calculation of working days and times off. Place of vacation as per the meaning of the German Maritime Labour Act is the hometown of the crew member.

Correct me, please, if I am wrong, but as I unserstand well, for leave/holiday money I should wait until the end of the year? Or 15th of each following month?

In first case, if the contract does not mention this, when should I have to be paid for leave/holiday? Thank you in advance for your interpretation.

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for leave/holiday money I should wait until the end of the year? Or 15th of each following month? when should I have to be paid for leave/holiday?

Although the Act is not entirely clear on when you would be entitled for paid leave, it is safe to rule out the interpretation of "15th of each following month".

Section 56(1) provides that "[a] crew member shall be entitled to paid leave for each year of employment". This suggests that entitlement will be computed on a yearly basis, not monthly. Likewise, this provision supersedes a possible interpretation that the clause considers the end of calendar year (i.e., the 31st of December) to be the cut-off date. In reality, this and other sections of the Act reflect that the criterion for entitlement is the completion of the year of employment.

That being said, section 58(1) seems a bit inconsistent in that it provides earliest [requested] leave "where possible after six months' [sic] uninterrupted service on board", thereby reducing de facto the time for entitlement as outlined in section 56(1) upon crew member's request.

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  • Thank you for your reply. Regarding section 58, I belive, that paragraps of my contract: The seaman works on (VESSEL NAME) from 04.06.2020. and The contract of hire will end on 15.07.2020 without a need of a written termination. they covers matter of "where possible after six months' [sic] uninterrupted service on board", where after 15.07.2020 I should start my leave/holiday. Or I am wrong? ANd doeas it bring a new light for the matter when I should be paid for leave/holiday? – bakunet Jun 27 at 15:56
  • @bakunet I'm not sure I understood your comment. Do you mean that the duration of your employment will be less than a month and a half (from 04.06 to 15.07 of same year)? – Iñaki Viggers Jun 27 at 20:20
  • That is correct. But it is normal in the shipping industry, where you are employed 24h/7. Like in the contract: For every day on board (24h), the crew member is entitled to 0,5 days leave/holiday (12h). So my concern is, that my leave/holiday starts after mid of July, and when should I be paid for my holiday time. – bakunet Jun 27 at 20:29
  • @bakunet That certainly changes things. Section 56(2) refers to the Federal Leave Act, of which section §5(1)(b) addresses scenarios where employment has been terminated before the statutory 6-month period (see Wartezeit) elapses. In that case, the criterion of "15th of the following month" is more consistent with section §5(1) of the Bundesurlaubgesetz. – Iñaki Viggers Jun 27 at 22:52
  • So in this case, if employment will be terminated 15.07.2020, following criterion "15th of the following month" , leave/holiday money supposed to be paid before the 15th day of August? Is it correct? – bakunet Jun 28 at 4:43

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