Finland

Prior to initiating the operation of a Finnish vessel, the minimum crew of the vessel must be confirmed by the FMA. The crew requirements for different kinds of vessels in domestic and international traffic are regulated by The Decree on the Crewing of Vessels and the Competence of Ship Personnel (250/1984). The requirements for crew vary according to the size and operation routes of the vessels. Competence Letters for key personnel are issued by the FMA. Foreign Certificates of Competency are not directly accepted. However, it is possible to obtain a Finnish Competence Letter after a Finnish maritime training institution has confirmed that the competence of the foreign applicant corresponds to Finnish requirements. It should be noted that the regulations concerning the competence of foreign personnel is subject to amendment. It is possible under specific conditions to be employed on a Finnish vessel with a foreign Competence Letter endorsed by the FMA. Only a Finnish citizen can be accepted as master of a Finnish vessel. Further, the master of any vessel in commercial traffic is required to have a Competence Letter of a Sea Captain.

Seafarers are protected by a number of statutes and rules comprised in the Finnish "general" labor legislation such as the Act on Accident Insurance, the Act on Safety at Work, the Public Health Act and various statutes (both domestic and convention-based) on ship safety. The Merchant Shipping Act (423/1978) ("MSA") is based on the rule of the flag of the vessel governing the choice of law. This same principle is then applied almost without exception in other statutes of a more specific nature. The MSA is applicable to work performed onboard a Finnish vessel irrespective of the nationality of the employee or the employer. Consequently, a foreigner that has leased or chartered even a part of a Finnish vessel must follow the MSA in individual contracts of employment unless the Ministry of Health and Social Security has granted an exemption. The rule of the flag is, however, not always best suited to govern the labor relationships. If a Finnish vessel is bareboat chartered to a foreigner and that foreigner is crewing the vessel with non-Finnish crewmembers, then the legal and social issues in regard to the crew are not connected to a Finnish vessel in the sense of the MSA. For such cases, the Ministry of Health and Social Security may release a foreigner wholly or in part from the obligation to comply with the MSA. The MSA regulates the relationship employer- employee, however, always also considering the contents of the general Contracts of Employment Act. Thus, the MSA comprises rules on the obligations of the contracting parties, on the termination of the contract of employment, on nullity, on modification, on breach of the contract, and on compensation of damages and penal provisions. The labor protection authorities supervise the compliance of the MSA. The purpose of the Act and Statute on Engagement and Discharge of Seamen (1105/1986 and 516/1987) is to secure that a person employed onboard has the necessary skills for the particular work, that a certificate of appointment is issued, or that a valid contract of employment is signed. In this context, also matters affecting the ship's safety are considered. These laws also contain some rather peculiar rules regarding the seafarer's disciplinary committee (appointed by the Ministry of Trade and Industry) which may for a period not exceeding three years sentence a seafarer to a so-called ban against signing up as a seaman if the employer has terminated the contract of employment on basis of the MSA or if the seafarer due to a particular reason has proven himself unsuitable for service as a seafarer. On the basis of the engagement statute, it is emphasized that special attention should be given in cases where a Finnish seafarer is signing up on a foreign vessel.
The Statute on Medical Inspection of Seamen (476/1980) is applicable to a person who is signing up onboard a vessel for a contract of employment governed by the MSA. The purpose of this statute is to secure that persons who have not passed the medical inspection carried out by the appointed doctor either at the first inspection or at a renewed inspection, are not signed up. The National Board of Health and the labor protection authorities are supervising these procedures. The Statute on Seamen's Premises Onboard (518/1976) is only applicable on Finnish vessels. The statute comprises very detailed instructions on the design, size, situation, and furnishing of cabins and messes onboard. The statute is supervised by the labor protection authorities.

The Act on Seamen's Working Hours (296/1976) is applicable to work onboard a Finnish vessel in foreign trade "for the ship" or elsewhere as per a Superior's instruction. The law contains rules on regular working hours, the positioning of the working hours, and work on Saturdays and Sundays and overtime; in addition to this, penal provisions and forum rules are set forth. The labor protection authorities supervise this law. The Act on Seamen's Working Hours on Vessels in domestic trade (248/1982) deals with same issues, but in regard to domestic trade only. The Act on Seamens' Annual Vacations (433/1984) secures the seafarers' right to annual vacation, annual vacation salary, annual vacation compensation, annual vacation fares, and the right to affect the set period for the vacation. The law prescribes a penalty for violating the statutes. The labor protection authorities supervise the law.

The Law and Statute on Seamens' Pensions (72/1956 and 654/1991) are applicable on a person who works on a vessel in international traffic. By these extensive regulations, the seafarers' rights of retirement and disability pension, dependent's pension and pension for the surviving spouse, and the estate's right to receive contribution for funeral expenses are secured. It should be observed that the seafarers' pension system differs from other Finnish pension systems as in addition to the employer's pension insurance premium also the employee is obliged to pay an equal share of the pension insurance premium. The Law and Statute on Seamens' Wage Security (927/1979 and 137/1981) secure the payment of a receivable claim related to a seafarer's contract of employment in case of the employer's bankruptcy or insolvency. The law also enables named seafarers' labor market organizations to represent their members in wage security matters without separate authorization. Claims due to the contract of employment that are regulated in these laws comprise wages with additional costs, wages during the qualifying period and the period of notice, compensation paid in kind as well as membership fees to the labor organizations which are withheld from the wages. The State Wage Security Board has a right of lien on a vessel onboard with respect to compensation. The Law and Statute on Seamens' Service and Educational Activities (452/1972 and 846/1972) aims to improve seafarer education, youth and adult education, sports, recreation and leisure time activities. For these activities, there is a seafarers' service office which is domiciled in
Helsinki. The Statute on the Crew's Provision (301/1985) concerns vessels regulated by the MSA. The statute prescribes in detail that food including drinks is prepared according to nutritive standards, that it is tasty, and that the quantities are enough. It is the employer's duty to supervise that the criteria are fulfilled. The Law on Accident Insurance (608/1948) states that an employee working onboard a Finnish vessel must have access to statutory insurance in case of an accidental illness or injury. The compensation system has very good coverage; by virtue of the law the employee is granted compensation for medical treatment, daily allowance corresponding to the loss of income, disability indemnity for permanent injury and harm and to connected additional costs as well as compensation for domestic aid and rehabilitation. In case the employee dies due to an accident, survivors' pension and contribution to burial costs will be paid to his relatives. The Law on Labor Protection (299/1958) obliges the employer to secure that the employment environment is safe for the employee. Moreover, the law regulates a product liability type common duty for the manufacturer, the importer and the seller of dangerous materials and machinery and other technical devices utilized onboard. As this law is itself insufficient as to onboard employment, several other detailed decrees have been issued. The labor security is supervised by official and unofficial means and the authorities possess a number of different means to interfere with neglects and violations.
The Law on Supervision of the Safety Onboard (730/1995) is applied to a vessel which is used for merchant shipping on Finnish territorial waters, on a Finnish vessel trading outside Finnish territorial waters, and on Finnish owners and such foreign owner of vessels trading in Finnish territorial waters. The law provides the authorities with wide powers for inspection and coercive means. It is worthwhile mentioning that the law contains a unique provision in regard to the supervising authority's obligation to compensate damages due to the inferior performance of this authority.