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Council Directive 2009/13/ECShow full title
Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC
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- Revised 15/02/20180.31 MB
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Article 3
1.Member States may maintain or introduce more favourable provisions than those laid down in this Directive.
2.The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and/or management and labour to lay down, in the light of changing circumstances, different legislative, regulatory or contractual arrangements to those prevailing at the time of the adoption of this Directive, provided always that the minimum requirements laid down in this Directive are complied with.
3.The application and/or interpretation of this Directive shall be without prejudice to any Community or national provision, custom or practice providing for more favourable conditions for the seafarers concerned.
4.The provision of Standard A4.2 point 5(b) shall not affect the principle of responsibility of the employer as provided for in Article 5 of Directive 89/391/EEC.
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