Article 27. Repatriation of ship crew members of the Merchant Shipping Act
1. Members of the ship's crew who perform their work duties outside the Republic of Kazakhstan have the right to be repatriated in the following cases::
1) expiration of the employment contract;
2) termination of the employment contract on the initiative of the shipowner or a member of the ship's crew in accordance with the labor legislation of the Republic of Kazakhstan;
3) removal from the performance of official duties by the ship's captain in accordance with the procedure provided for by the labor legislation of the Republic of Kazakhstan;
4) shipwrecks;
5) diseases requiring treatment outside the ship;
6) the inability of the shipowner to fulfill his duties with respect to the ship's crew members provided for by the labor legislation of the Republic of Kazakhstan and employment contracts due to bankruptcy, sale of the vessel or a change in the state of registration of the vessel;
7) sending a vessel without the consent of the crew members to a war zone or an epidemiological danger zone.
2. Repatriation is carried out at the request of a ship's crew member.:
1) to the State in which he resides;
2) to the port where he was employed on the ship;
3) to another point specified at the conclusion of the employment contract.
3. The shipowner is obliged to arrange for proper and prompt repatriation. Repatriation is carried out by air, and in its absence or by agreement of the parties by other means of transport.
4. The costs of repatriation are borne by the shipowner. The costs of repatriation of a ship's crew member include:
1) the cost of travel to the place of repatriation;
2) the cost of meals and accommodation from the moment when the crew member leaves the ship until the moment when the crew member arrives at the place of repatriation;
3) the cost of treating a ship's crew member, if necessary, until the crew member is fit for health reasons to move to the place of repatriation.;
4) transportation of thirty kilograms of luggage to the place of repatriation;
5) payment under the employment contract from the moment when the crew member leaves the ship until the moment when the ship's crew member arrives at the place of repatriation.
5. In the event that the reasons for the repatriation of a ship's crew member arose due to his fault in the performance of his work duties, or in the event of termination of the employment contract at the initiative of a ship's crew member, the shipowner has the right to reimbursement of repatriation costs.
The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.
This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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