The Bottom Line
- Distinct Legal Regimes Apply: Companies involved in offshore wind farm construction cannot apply the more flexible working time rules designed for seafarers to their project crews. The nature of the project, not the location of the work (i.e., on a vessel), determines the applicable law.
- Stricter “14 Days On” Rule is the Standard: Dutch law treats work for offshore wind parks similarly to offshore mining. This means project staff are typically limited to working a maximum of 14 consecutive days within any 28-day period. Rosters like “28 days on, 28 days off” are non-compliant.
- Significant Financial & Operational Risk: The court upheld a €27,000 fine for violations concerning 12 employees. Arguments based on industry practice, international standards, or operational convenience were dismissed, signaling a strict compliance environment that requires adapting business models to the specific Dutch regulations.
The Details
In a significant ruling for the offshore energy sector, the District Court of Rotterdam has clarified the working time regulations applicable to crews constructing wind farms at sea. The case involved Van Oord Offshore Wind B.V., which was fined €27,000 by the Minister of Social Affairs and Employment for violating the Dutch Working Hours Act (Arbeidstijdenwet). Inspectors found that 12 members of the company’s “Project Crew” had worked for 20 to 27 consecutive days while installing components on wind turbine foundations from a crane ship. Van Oord argued that these employees were “seafarers” whose work was primarily vessel-based, and therefore the more flexible Working Hours Decree for Transport—which would permit longer work rotations—should apply.
The court rejected this argument, focusing instead on the ultimate purpose of the work. It ruled that activities performed “on, from, or for the benefit of a wind park” fall under a specific chapter of the general Working Hours Decree (Arbeidstijdenbesluit). This legal framework deliberately mirrors the rules for the offshore mining industry, which limits continuous work to 14 days. The court embraced a broad interpretation of “for the benefit of a wind park,” confirming that it covers all essential construction activities, including transporting and installing components, regardless of whether the tasks are performed from a ship or on the structure itself. The fact that the crew spent only 6% of their time physically on the turbine foundation was deemed irrelevant; their entire role was dedicated to the construction project.
Furthermore, the court dismissed the company’s claim that the law was disproportionate or that its chosen work schedule was in line with international maritime standards and ensured employee safety. The judges pointed to the legislative history, noting that these specific rules were implemented in 2018 after consultation with industry bodies to create a clear and predictable standard for the growing offshore wind sector. By aligning with the offshore mining regulations, the government provided a specific carve-out that, while stricter than maritime law, is more lenient than the default onshore working time rules. The ruling serves as a stark reminder that companies operating in Dutch waters must adhere to the specific legal framework governing their activity, as business practices and internal classifications of employees do not override statutory regulations.
Source
Rechtbank Rotterdam
