Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter X : General355. Application of certain labour laws to seafarers |
[Section 355 heading substituted by section 29(k) of Act No. 12 of 2015]
| (1) | Nothing in this Act contained shall affect the application of the provisions of the Labour Relations Act 28 of 1956 or of the Wage Act 5 of 1957 to seafarers in respect of their employment as such. |
[Section 355(1) substituted by section 29(k) of Act No. 12 of 2015]
| (2) | To the extent to which any provisions of this Act which, but for the provisions of this section, would apply to any seafarers are inconsistent with any agreement or award under the Labour Relations Act 28 of 1956, or any determination under the Wage Act 5 of 1957, which is binding in respect of those seafarers, the provisions of this Act referred to shall not apply in respect of those seafarers. |
[Section 355(2) substituted by section 29(k) of Act No. 12 of 2015]
| (3) | Any agreement or award under the Labour Relations Act, 1995 (Act No. 66 of 1995), or any determination under the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), which is binding in respect of any seafarers employed on board any South African ship or on board any ship which is not registered in the Republic and is wholly engaged in plying between ports in the Republic, while the ship is in the Republic, shall be binding in respect of such seafarers while the ship is outside the Republic. |
[Section 355(3) substituted by section 26 of Act No. 12 of 2015]
| (4) | No seafarer who is an employee, as defined in section 1 of the Labour Relations Act 28 of 1956, who is not a person referred to in section 2(2) of that Act, and who is engaged on or belongs to any South African ship, shall be guilty of an offence under section 174(2)(b), (c), (d) or (f), section 175 or section 176 merely by reason of the fact that he has taken part in a strike or in the continuation of a strike, as defined in section 1 of that Act, in such circumstances that the act or omission by which he has taken part therein does not constitute an offence under section 65 of that Act: Provided that this subsection shall not apply in respect of any act which is committed or any omission which occurs while the ship is at sea. |
[Section 355(4) substituted by section 29(i) of Act No. 12 of 2015]
| (5) | In this section the expression "seafarers" includes all persons employed or engaged in any capacity on board any ship. |
[Section 355(5) substituted by section 29(k) of Act No. 12 of 2015]
[Section 355 substituted by section 30 of Act No. 18 of 1992]