Definition and legal classification of muster-in
Die Muster-in is a term from German maritime law and refers to the formal procedure by which seafarers, especially ship crews, are obliged and registered to assume their duties at the start of a new employment relationship on a seagoing vessel. The muster-in is a legally regulated process in which labor law, social security, and occupational safety regulations are complied with and documented. It is a prerequisite for the lawful exercise of duties on board a seagoing vessel flying the German flag.
Legal basis of muster-in
Statutory provisions
The relevant legal basis for muster-in can be found in the Maritime Labour Act (SeeArbG) as well as in other regulations and directives governing employment and service relationships on seagoing vessels. Key provisions include in particular:
- Sections 20 et seq. Maritime Labour Act (SeeArbG)
- Ship Operations Ordinance
- Seamen Act (historical; now replaced by the SeeArbG)
- Conventions of the International Labour Organization (ILO), in particular the Maritime Labour Convention (MLC)
Purpose and significance
The purpose of muster-in is to verify and ensure that the persons employed on board a seagoing vessel
- have the required qualifications and fitness,
- have been correctly employed under labor law,
- are properly registered for social security purposes,
- comply with statutory and operational safety regulations.
This not only ensures compliance with legal regulations, but also protects the rights and interests of seafarers.
Procedure for muster-in
Responsibilities and implementation
Muster-in is usually carried out by the Ship Safety Division of the Employers’ Liability Insurance Association for Transport, Postal Logistics, Telecommunication (BG Verkehr) carried out. The responsible authorities are the seamen’s offices, if these are still in existence, or else the authorities responsible for shipping matters.
Requirements
The following are generally required for muster-in:
- Seaman’s book or equivalent proof/labor book for seafarers
- Employment contract or proof of employment relationship
- Proof of seamanship fitness (medical certificate)
- Proof of qualifications (certificates of competency, diplomas, etc.)
Form of muster-in
Muster-in is generally carried out formally by an entry in the seaman’s book and by notification to the relevant authorities. It can take place in person at the relevant authority or electronically. Details are regulated by implementing provisions and internal service instructions.
Documentation and registration
After a successful muster-in, the data are documented in the seaman’s book and centrally stored in the ship’s registry. Additionally, an entry is made in the so-called Ship’s Crew Book, a specific certificate for the seagoing vessel.
Legal effects and consequences of muster-in
The muster-in has the following legal consequences:
- The employee is now considered part of the crew of the respective seagoing vessel.
- With the entry, the employment and social security-based maritime employment relationship begins.
- Seafarers are entitled from the time of muster-in to the special occupational safety provisions and social benefits for seafarers.
- The liability rules, rights and obligations arising from the maritime employment contract come into full effect.
The absence of a valid muster-in can result in a prohibition of employment on board and supervisory measures against shipowners or operators (§ 40 SeeArbG).
Termination: Muster-out
Die Muster-out is the counterpart to muster-in and occurs when a crew member leaves service. It must also be reported and is documented in the seaman’s book. Only with muster-out does the maritime employment relationship and the employer’s legal obligations towards the seafarer come to an end.
Special aspects and international regulations
International recognition
Through the ratification of the Maritime Labour Convention (MLC) international minimum standards for muster-in were established, which have been implemented into German law. The requirement to undergo muster-in applies to all seagoing vessels under German flag; in addition, the regulations for foreign ships based in Germany—especially regarding social insurance—are decisive.
Special features for certain types of vessels
For fishing vessels, offshore vessels and special-purpose vessels, there are in some cases different requirements for muster-in, relating to minimum manning, qualifications, and the type of documentation.
Muster-in and labor law
Employment contract law
With muster-in, the legal maritime employment relationship begins, which is subject to special provisions under maritime law, such as regarding
- Notice periods
- Remuneration and pay
- Working time regulations
- Liability provisions
Social security law
With the muster-in, seafarers are subject to maritime social security, in particular the maritime employers’ liability association and the special insurance obligation under maritime social law.
Occupational safety
Related regulations particularly govern medical care, the requirement for regular fitness examinations and access to ship’s doctors and emergency care while on duty.
Sanctions for breaches of muster-in regulations
Violations of muster-in regulations, such as failing to complete or incomplete muster-in, are administrative offenses and may be sanctioned with fines. False information or deliberate circumvention can also be prosecuted as criminal offenses.
Literature and further references
- Maritime Labour Act (SeeArbG)
- Ship Operations Ordinance
- Maritime Labour Convention (MLC)
- Publications of the BG Verkehr – Ship Safety Division
Note: Muster-in is a key institution of German maritime employment law. Its proper execution is crucial for the legal status of seafarers and the safe operation of German-flagged seagoing vessels.
Frequently asked questions
What are the legal obligations for companies when carrying out a muster-in?
Companies that opt for a muster-in are subject to a variety of legal obligations, particularly established in labor law, product safety law, and, in some cases, contract law. First, it must be ensured that the employment relationship of those involved in the muster-in is unequivocally regulated—often, musterings refer to trial work or test productions which do not constitute standard employment and thus must not result in an automatic employment relationship unless otherwise contractually agreed. The protection under labor law, such as remuneration obligations, accident insurance, and occupational safety, depends, among other things, on this. Where products are manufactured or tested as part of the muster-in, the company must observe the relevant provisions of the Product Safety Act (ProdSG) and, if applicable, the Machinery Directive. For example, mustered samples sent to customers may not pose safety defects if they are already placed on the market. Data protection obligations under the GDPR may also apply if personal data is processed as part of muster-in. Furthermore, all contractual terms with the business partner, particularly as to liability, ownership, confidentiality, and return of samples, should be clearly and in writing stipulated to avoid later disputes.
Who bears the legal risk for damages or defects during a muster-in?
The legal risk for damages or defects during a muster-in is allocated by contract depending on the design of the muster-in and should be clearly regulated in advance. In principle, in the case of a non-binding muster-in, where the product is provided merely for viewing, inspection, or testing, the risk remains with the company providing the sample until acceptance. Liability issues arise, in particular, if the muster sample causes damage (e.g. product liability under the Product Liability Act or tortious liability under the German Civil Code). If the product is tested by the customer, the manufacturer generally remains liable for property and personal damage unless a valid exclusion or limitation of liability has been agreed contractually. In the event of defects, return obligations or rights to rectification may apply depending on the contract. If, on the other hand, the sample is deemed to be a contractually compliant product and “accepted”, risk (transfer of risk) is usually passed to the customer upon acceptance.
Are there statutory provisions regarding remuneration for a muster-in?
Legally, there is no universal statutory obligation to remunerate a muster-in; the obligation to pay depends on the contractual arrangement between the parties. If, in the context of muster-in, work is performed (e.g. by employees working on a trial basis in the company), under Section 612 of the German Civil Code, there may be a claim to remuneration provided the work is not expressly agreed to be entirely unpaid and this has been clearly communicated to the employee. For product musterings, the question of any remuneration for production, delivery, or use must also be settled exclusively by contract. It is recommended to clearly regulate any possible costs for material, manufacturing, shipping and return of samples in order to avoid later disputes. In the absence of express regulation, industry practice may be relied on, especially in commercial dealings.
What data protection requirements must be observed during a muster-in?
Data protection requirements in the context of muster-in always apply if personal data of employees, test subjects, or customers is processed during the procedure. The GDPR obliges companies to inform the data subjects of data processing (Art. 13, 14 GDPR), to implement technical and organizational security measures (Art. 32 GDPR), and to base data processing on a legal ground or explicit consent. If muster-in is conducted as part of product tests involving participants, their consents must be obtained and data processing limited to the necessary extent. Documentation of the processing in the register of processing activities and, where applicable, carrying out a data protection impact assessment are further obligations. When passing on samples to third parties, especially outside the European Economic Area, the strict requirements for third-country transfers must also be complied with.
Do special confidentiality agreements need to be made for muster-in?
Yes, it is highly recommended to conclude detailed confidentiality agreements (Non-Disclosure Agreements, NDAs) between the parties in the context of muster-in. Muster-in often involves the disclosure of sensitive product details, business secrets or technical innovations to potential customers or suppliers. Although there is statutory protection for trade secrets under the Trade Secrets Act (GeschGehG), this presupposes that the company has taken appropriate confidentiality measures. An explicit confidentiality agreement specifies these measures and provides a better legal position in case of a dispute. It should set out the scope of confidentiality, permissible and impermissible uses, obligations for return or destruction of disclosed documents, and the consequences of any breaches. For international muster-in, the applicability of foreign law and the inclusion of arbitration clauses should also be considered.
How should the return or disposal of sample items be regulated in legal terms?
From a legal point of view, it is advisable to expressly and in writing regulate the obligations regarding the return or disposal of sample items as part of the muster-in. This concerns both the physical return of samples and their proper disposal, particularly if the sample involves special intellectual property rights (e.g. patents, design rights) or hazardous substances. If clear rules are lacking, there is a risk that samples will be used unlawfully or made accessible to unauthorized third parties, which may constitute an infringement of intellectual property rights or business secrets. After termination of the contract, it should be stipulated within which period and in what condition the samples must be returned or destroyed, whether the customer or recipient bears the costs, and how to proceed in case of damages or loss. In the event of unlawful further use, civil claims for cease and desist and damages may arise.
What regulatory requirements apply for the placing on the market of muster samples?
If, in the context of a muster-in, a sample is to be placed on the market—that is, if the product is made available to a customer or third party for use outside the company—the regulatory requirements of the Product Safety Act (ProdSG), applicable standards such as the Machinery Directive, and, if applicable, further specialized legislation must be observed. Basically, muster samples may only be placed on the market if they do not pose a risk to the safety and health of persons and comply with the essential safety requirements of the respective applicable directives. CE marking may also be required where the sample is intended to represent a functional product, rather than being purely a prototype kept under controlled conditions. Furthermore, duties to provide information such as safety data sheets, operating instructions, and, if applicable, obligations to take back the sample must be fulfilled. Violation may result in duties to recall, official orders, or substantial fines.
