Pregledni rad
https://doi.org/10.21857/ydkx2cokl9
Legal Regulation of the Navigation Period of Teachers in the Maritime Profession During Employment at an MHE Institution
Marija Pijaca
; Pomorski odjel Sveučilišta u Zadru, Zadar, Hrvatska
Sažetak
The conditions for the implementation of education programmes at maritime higher education institutions (MHE institutions) are regulated by the Ordinance on Ranks and Seafarers’ Certificates of Competence which prescribes the obligation of the MHE institution to ensure conscientious and consistent adaptation to technological and other changes in shipping of all teachers in the maritime profession. Adaptation to technological and other changes in shipping is best achieved by boarding a ship and in the time teachers spend in navigation as a member of the ship’s crew. While employed at an MHE institution, teachers have two options to board a ship and sail with the status of seafarer. The first is to request a free study year, a “sabbatical”, and the second is to terminate employment at the MHE institution, board a ship as a seafarer, and, after disembarking, to re-establish employment at the MHE institution. According to legal sources in the field of labour and social law, there is no possibility to regulate the labour and social rights of teachers, meaning that teachers cannot do longer periods in navigation and enjoy seafarer status while employed at an MHE institution. In order for the MHE institution to comply with the obligation of the Ordinance on Ranks and Seafarers’ Certificates of Competence in the part of the conditions for the implementation of the education programme, it is necessary to regulate periods of navigation of teachers by legal sources in the field of labour and social rights. This is the only way for teachers to have the opportunity to upgrade their knowledge in accordance with the provisions of the same Ordinance. The aim of this paper is to point out the problem of the conditions for the implementation of seafarers’ education and to present the legal regulation that prevents teachers from longer periods of navigating in the status of seafarer while employed at maritime higher education institutions. In addition to presenting the legal framework for the education of seafarers in the Republic of Croatia, this paper presents legal sources in the field of labour and social law, that is, their specific provisions, in particular for teachers, specifically for seafarers. Based on the indicated problem and the presented legal regulation, a suggestion is made to enact a legal directive to enable teachers during their employment at maritime higher education institutions to board and navigate ships.
Ključne riječi
education of seafarers; MHE institutions; teachers’ navigation periods; labour and social rights of teachers and seafarers; suggestion on how to regulate teachers’ navigation periods
Hrčak ID:
290092
URI
Datum izdavanja:
27.12.2022.
Posjeta: 821 *