My brother is responsible for the nautical department of a larger cruise shipping company with vessels sailing the rivers of Europe like the Rhine, Danube and the Rhône. Think of the big ocean cruise boats, but then gazillion times smaller; Super tiny sea-liners :) 100 to 140 passengers.

It can be quite fun sailing these boats. I wouldn't easily buy myself a trip as a passenger, but have been sailing these ships a few times in the past playing the role of a sailor. With between 25 and 30 colleagues (hotel, restaurant and nautical) all working and living on a small island; The boat docking for considerable time at villages and cities; Always people around to have fun with; To enjoy free time at shore, exploring, dining and partying. Great times I had whenever I took leave from the office and helped my brother out back then when he was steersman and later captain.

_{photograph published by Ama Waterways (source)
disclaimer: this is a random photograph of a cruise boat and has nothing to do with the case as described in this article nor the cruise boat is owned or operated by my brothers company}

Last Monday he was informed that the French authorities investigated the contract of one of the crew members of one of his companies French cruise boats. The contract described a 48 hour workweek, working for two weeks in a row and subsequently enjoy two weeks not working (ie free time to spend at home or wherever he likes to spend its own free time). Most French workers have 35 hour workweek contracts, and work - as most of us - from Monday till Friday and weekends off.

Because the authorities noticed from reading the log books, this captain was working around 48 hours each week; My brother was informed his company shall pay overtime for all the weeks this captain worked more than 35 hours (in previous year). You may say: Yeah, that is how it should be, since 35 hour workweeks is standard in France. Well, its also standard one works about 1.600 hours a year when given about 6 weeks of vacation a year. This captain spends half of the year on the boat, which is 26 weeks. Every one of these weeks he works about 48 hours, which calculates to a total of 1.248 hours annually; Much less than the average Jo. In this particular case - according to the authorities - this guy is entitled to get paid overtime for 338 hours, which basically means he worked 910 hours in regular hours only; Almost half of what most of the employees in France have to work in regular hours. WTF?

The authorities seem not to understand what its means when operating a boat (one can't offer a job in which the personnel is able to go home every day therefore it makes sense to work all days of the week) and what this guy is getting, a fantastic deal (1.248 hours of work annually for a salary that is at least 1,5 times the salary for an equivalent job at shore).

Then I asked the question: Why was this captain investigated by the authorities?

My brothers response: Based on what this guy did (and not) in the past years and based on inside knowledge - colleagues of the captain blabbering - he is certain the authorities where informed by this same guy. I couldn't believe it when I heard this!

Now a few days later, writing this article, I still can't believe it!

How Greedy one can be!?

Of course, my brother didn't decide to pay the overtime as of yet, but got in contact with a lawyer.

The process is still ongoing and I'm pretty sure the authorities will change their minds and will rule differently. But what shocked me, is that the initial reaction of the lawyer my brother contacted, was: "I advise you not to against this ruling and pay the overtime!"... WOW! Really? Fortunately the agent working with my brothers company taking care of the day-to-day operations in France, advised strongly against paying, but first to talk to the authorities and make his case.

Are employees that save in France? Protected by law in all cases? Why does a lawyer give such advise? This situation is so far off from what I call fair!

Whatever the outcome will be, my brother already decided on a change of plan for this year. Everyone on his ships can be scheduled to work 35 hour weeks, the remaining 13 hours per week they will have work off in additional weeks they have to spend on the boat, away from home. In theory this leaves them around 16 weeks per annum away from the boat. Therefore when this guy (and all his colleagues) are entitled to receive overtime payments when working more than the 35 hours per 7 days, they will be ordered to schedule their work such that they will not work more than these 35 hours a week with the consequence they will have to spend a lot more weeks away from home! 10 weeks more to be exact!

I like these practical solutions! When someone takes, takes and takes, beat them in their own game!

I'm not against unforeseen bonuses, overtime and all; But I'm from the school of fairness. Sure, fairness is not defined in absolute terms, but one can easily conclude what this captain is trying to do, is beyond reasonable fairness.

Although it seems 1-0 for the captain today; My brother will win this one with 10-1. In the worst case this leaves this captain and all his colleagues employed by my brother with 16 weeks with their families only instead of 26 weeks per annum! What will this guy be hated by all his co-workers when the authorities will not bend and apply fairness.

HAPPY SAILING