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STANDARD CONTRACT OF EMPLOYMENT

ITF STANDARD COLLECTIVE AGREEMENT

 

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STANDARD CONTRACT OF EMPLOYMENT

 

 

The following Agreement has been made between *, hereinafter referred to as the "Employer" and the "Employee" as referred to in Schedule "A" attached hereto and forming part of this Agreement, commencing on the date shown thereon.

 

The parties of this Agreement mutually agree as follows:

 

 

1.         GENERAL TERMS OF EMPLOYMENT

 

(a)        The Employee shall be employed in the capacity as shown, and shall commence his employment on the Vessel designated in Schedule "A". In the event that any other vessel owned, operated, or managed by the Employer needs the immediate service of the Employee, the Employee agrees to be transferred at any time, however such transfer shall be in no way inferior to the terms, rank, and rate of wages stipulated in this contract, and the total period of employment shall not exceed that originally agreed upon.

 

(b)        The Employee agrees to render diligently all duties and responsibilities expected of his rank/position as provided by applicable laws and regulations, both local (flag state) and international, and in the ordinary practice of a seafarer.

 

(c)        In any event of emergency, in order to save life and/or property at sea, the Employee agrees to readily render assistance upon instruction of the Master, without compensation.

 

2.         PERIOD OF EMPLOYMENT

 

(a)        The period of employment shall be for the period designated in Schedule "A" to commence from the date the Employee departs his place of residence directly to join the vessel. All costs normally associated with the direct joining of the Employee to the vessel will be for the account of the Employer.

 

            Subject to the provisions for termination hereinafter set forth the completion of this contract shall be the day on which the Employee arrives to his place of residence from the vessel directly after disembarkation.

 

            In the event that the Employee, of his/her own accord and without the prior approval of the Employer, deviates from his/her travel directly to or from the vessel, he/she will be doing so at his/her own risk and responsibility and the Employer shall not be liable for any costs or expenses whatsoever incurred as a result of such deviation.

 

(b)        Should the period of employment expire at a time when the vessel on which the Employee is serving is in an outport or engaged in a voyage to such an outport, the Employer shall be entitled to extend the period of employment until the vessel reaches the next suitable port for the purpose of the Employee's repatriation.  It shall be at the

sole discretion of the Employer to extend this Agreement under these circumstances, however such extension is to be kept within reasonable limits, unless the Employee wishes and / or agrees of his own free will to extend his employment further, which is to be mutually agreed between the Employee and Employer.

           

3.         LEAVE

 

            Under the terms of this Agreement the Employee shall receive leave        pay as stipulated in Schedule "A" and which is payable on board upon completion of the contract.

 

4.         PAYMENT

 

(a)        The Employee agrees to receive a monthly wage as stipulated in Schedule "A".

 

(b)        Public holidays are those stipulated in Schedule "A"

 

(c)        Ratings and Officers basic working week shall be 48 hours Monday through Saturday including 2 hours for cabin cleaning for Ratings. For Ratings hours worked in excess of 48 hours per week shall be paid at the hourly rate stipulated in Schedule "A".  For Officers the overtime pay is fixed and is included in the basic wages or as stipulated in Schedule “A”.

 

            Emergency duties -  Work carried out by the crew in cases of emergency affecting the safety of the vessel,  passenger, crew and/or cargo, of which the Master is the sole judge, or for fire, boat or emergency drills or work required to give assistance to the other vessel/s or person/s in immediate peril shall not be considered as overtime.                            

 

(d)        At the time of termination of this Agreement the Employee will then receive no further payments and his salary will cease on the day of his arrival at his place of residence. Any fractional period of time worked on board after the agreed period of employment and less than 30 (thirty) days will be pro-rated according to the actual number of days worked on board. (For calculation purposes a calendar month shall be regarded as having 30 days.)

 

(e)        The Master shall be obliged to pay the Employee upon his request cash advances, such advances not to exceed the amount of his wage balance accrued at the date of request, at the rate of exchange applicable in the port where payment is effected, this to be deducted from the Employee's monthly remuneration.

 

(f)         Whilst serving on board the vessel the Employee may request in writing via the Master that the Employer remit a monthly allotment in accordance with Company policy.  Such allotments will be paid monthly after the end of each working month to the bank or allottee designated by the Employee.

 

(g)        If the Employer terminates the contract more than 4 (four) weeks prior to the end of contract date for reasons other than:

           (i)         Article 13  (d), (e)

           (ii)        Those specified in Article 14

           (iii)       Medical grounds

            the Employee shall be entitled to one month's basic wages as compensation.

 

(h)        The Employer shall be obliged to pay on completion of the contract when the Employee is proceeding on leave, all outstanding balances of wages after deduction of monthly allotments, radio accounts, bar bills, slop chest etc.

 

5.         MEDICAL CERTIFICATE

 

            Unless the Employee is already in possession of a valid medical certificate, before being enrolled, he/she will have to submit to a medical check-up conducted by a suitable doctor. Only seafarers in possession of a "Fit For Duty" declaration signed by the doctor will be considered suitable for enrolment.

 

            If it transpires that the Employee has given false information       regarding his past or present state of health or has not declared any ailments then he shall not be entitled to any benefits referred to in Article 6.

 

6.         COMPENSATION IN CASE OF SICKNESS

 

            In  the event of a disabling sickness or injury to the Employee during the period of this Agreement,  he shall be entitled to the following:

 

(a)        Monthly basic salary as long as he is sick or injured and remains on board the vessel;

 

(b)        All medical expenses and sick wages shall be for the Company's account until his full recovery or for a maximum of 3 (three) months duration whichever is the shorter period.

 

            A sickness allowance equal to his basic salary shall be paid to the Employee after he leaves the ship for the remaining duration of the period above;

 

(c)       Repatriation at the expense of the Employer;

 

(d)        The Employee shall not be entitled to any of these sickness or injury benefits if such sickness or injury is self-inflicted, the result of default or misconduct, or if the sickness or injury developed from a condition which was intentionally concealed from the Employer.

 

After discharge from the vessel the Employee shall submit himself to a post-employment medical examination by a physician within three (3) working days of his return home.

 

In order for the Employee to continue receiving sick wages he must present himself for further medical examination as instructed by the doctor or at least once a month and to provide proof that he is still incapacitated and unable to work.

 

 

7.         COMPENSATION IN CASE OF DEATH

 

            If the Employee dies whilst in employment, including whilst travelling to and from the vessel at the request of the Employer, or as a result of marine peril, the Employer shall pay the sum stipulated in Schedule "A" to his immediate designated beneficiary.

 

            This amount shall be in full and final settlement and shall be deemed to include any statutory             compensation payable.

 

Where practicable, the Employer shall transport the remains and personal effects of the seaman to his home at the Employer’s expense.

 

8.         COMPENSATION IN CASE OF PERMANENT DISABILITY

 

            If the Employee suffers any accident or illness whilst in employment through no fault of his own, including accidents or illness occurring whilst travelling to or from the vessel at the request of the Employer or as a result of marine peril and his ability to work is permanently reduced as a result thereof, he shall receive from the Employer, in addition to his sick pay, a lumpsum compensation.

 

            The rate of compensation shall be a percentage of the maximum disability compensation as stipulated in Schedule "A" equal to the percentage disability suffered by the Employee as determined by a doctor appointed by the Employer's insurers.

 

            This compensation shall be in full and final settlement and shall be deemed to include any statutory compensation payable.

 

9.         P & I INSURANCE

 

            The Employer shall make arrangements to ensure there is in place appropriate insurance to cover itself fully against the contingencies mentioned in Articles 6,7, and  8 above.

 

10.       CREWS EFFECTS, LOSS OR DAMAGE BY MARINE PERIL

 

            If the Employee suffers total or partial loss or damage to his personal effects as a result of wreck or loss or stranding or abandonment of the vessel, or as a result of fire or flooding or collision, he shall be entitled to recover from the Employer, maximum compensation as shown in Schedule "A".

           

            The Employee shall certify that any information provided with regard to lost property is true to the best of his knowledge.

 

11.       REPATRIATION

 

(a)        The Employee shall be entitled to repatriation at the Employer’s expense:

 

           (i)         upon satisfactory completion of this contract;

           (ii)        when signing off due to sickness;

(iii)            when signing off due to discharge by the Employer for reasons other

           than any fault of the seafarer;

           (iv)       upon the loss, laying-up  or sale of the vessel.

 

(b)        The Employer recognises that the Employee's presence at home may be required on account of serious illness, death or similar circumstances of next of kin.  In such a case the Employer, in agreement with the Employee, will make every effort to arrange emergency relief as soon as possible.

 

            In cases where an Employee is relieved on compassionate grounds prior to the completion date of his contract, repatriation expenses shall be for the Employee’s account and his salary shall cease on the date of leaving the vessel.

 

(c)        An Employee who insists on early termination of his contract or his contract is terminated for any reason mentioned in para.14 shall be liable for all his repatriation costs as well as the transportation costs of his replacement.

 

12.       LUGGAGE ALLOWANCE

 

            The employee travelling by air or sea to join a vessel or on repatriation is entitled to the normal free baggage allowance for seamen offered by the airlines and shipping lines.  The cost of any excess baggage shall be for the account of the Employee.

 

13.       TERMINATION

 

(a)        This Agreement is automatically terminated after completion of the          period as agreed in Schedule "A" unless extended by mutual agreement between the Employer and the Employee.

 

(b)        An Employee who has not been previously employed by the Employer shall undergo a probationary period of three (3) months. In such a case the Agreement may be terminated by the Employer on 30 days notice without being subject to the compensation mentioned in Article 4(g).

 

(c)        The Employer may terminate this Agreement at any time under the following cases, subject to the provision of article 4 (g):

(i)          if the vessel is sold;

         (ii)        if the vessel is damaged and /or laid-up for either commercial or technical reasons, or in the event of extensive dry docking repairs.

 

(d)        In case where the Employee is repatriated due to medical or similar grounds, this contract will then be considered terminated subject to the provision of article 6, 7 and 8.

 

(e)        Without prejudice to the terms of condition in article 6,7,8 and 11, this contract will also automatically terminate if the Employee is absent from his work place/duties unless such absence is known and approved by the Employer.

 

(f)         The Master may at any time terminate and cancel this Agreement and sign the Employee off for any of the reasons set forth in Article 14.

 

14.       CONDUCT

 

(a)        The following offences are those for which the Employer is entitled to terminate this Agreement with the Employee either immediately or at the end of the voyage according to the circumstances of the case. This is apart from any legal action which may be called for under the regulations of the Flag State/or Port State.

 

           (i)         Assault;

           (ii)        Wilful damage to the Ship or any other property on board;

           (iii)       Theft or possession of stolen property;

           (iv)       Possession of offensive weapons;

           (v)        Persistent and wilful failure to perform duty;

           (vi)       Unlawful possession or distribution of drugs or illicit substances;

           (vii)      Conduct endangering the Ship or persons on board;

(viii)          Collusion with others to impede the progress of the voyage or

           navigation of the Ship;

(ix)             Disobedience of orders relating to safety of the Ship or any person

           on board;

           (x)        Insubordination;

(xi)             To be asleep on duty or in such condition as to be unable to remainon duty if such conduct would prejudice the safety of the Ship or of anyperson on board;

(xii)           Incapacity through the influence of alcohol or drugs or any similar substances to carry out his duty to the prejudice of the safety of the Ship or of any person on board;

(xiii)          To smoke, use a naked light or non approved apparatus in any part of the Ship carrying dangerous cargo or stores  where smoking or the use           of non approved apparatus is prohibited;

(xiv)          Intimidation, coercion and interference with the work of other

           Seafarers;

                                   (xv)       Behaviour which seriously detracts from the social well being ofothers                                                on board;                                

(xvi)          Behaviour outside the ship in breach of Government or Terminal

           regulations;

(xvii)     Engagement in any illegal activity including but not limited to gambling/smuggling;

(xviii)        Wilful deceit, misdeclaration or false statement leading to seizure,

           detention, delay and/or fine to the vessel;

(xix)          Desertion or attempt to desert;

           (xx)       Grave abuse of authority;

           (xxi)      Wilful violation of Company policies and regulations.

 

b)         It must be assumed that inefficiency can either be voluntary or involuntary, in other words the Agreement will be terminated if the Employee is unable by reason of inadequate skills, physical or mental incapacity to carry out the tasks for which he was engaged, or if he is unwilling to exercise his skills or energies to a sufficient degree to carry out his tasks to acceptable standards.      

 

15.       TAX / SOCIAL SECURITY

 

Under the terms of this Agreement the Employee shall be solely and entirely responsible for his tax / social security /local tax obligations.

 

16.       VESSEL'S TRADING AREA

 

            The Employee agrees to the vessel's lawful employment in world-wide trade. Should the vessel on which he is serving be directed to enter a declared War Zone area, the Employee, if he chooses to remain on board and continue his services on the vessel under this Agreement, shall be entitled to a bonus as agreed between the Employee and the Employer.

 

17.       JURISDICTION

 

            Unless otherwise stipulated, this Agreement shall be governed by the laws of the vessel’s country of registry.  

 

18.       ALTERATIONS

 

            Alterations and/or amendments to this contract are not permitted without the consent of the             Employer and may render the P&I Insurance cover invalid.

 

SCHEDULE “A” / PAGE 1

 

APPOINTMENT DETAILS

 

 

Name                           -                     

 

Vessel                          -                     

 

Rank                            -                     

 

Commencement            -                     

 

Duration of                   -                     

Contract

 

Monthly Wages -          

 

                       BASIC  (include Overtime)                                USD                

Social Insurance                                              USD                

LEAVE PAY (6 days / month)               USD                

 

 

TOTAL                                                USD                

 

 

 

Other terms and conditions as per the Standard Contract of Employment applicable for the duration of the contract and whilst onboard the above vessel.

 

Whereas the undersigned parties have agreed to the terms and conditions of the * Standard Contract of Employment including those in the attached Schedule “A”.

 

 

.....................................................................  ........................................................................

For Employer                                                   Employee

 

 

 

Date..............................................................  At....................................................................           

 

 


SCHEDULE “A” / PAGE 2

 

INSURANCE DETAILS

 

Death Cover                                                                -           USD     100,000.00

 

Permanent Disability Cover (maximum)                         -          USD     200,000.00

 

Personal Effects Cover (maximum)                                -           USD         2,000.00

 

Medical Care Cover                                                      -           100 % Basic Wages

 

Beneficiary to any death benefits payable arising out of this contract of employment:

 

……………………………………………………..

Name of Beneficiary

 

……………………………………………………..

 

……………………………………………………..

 

……………………………………………………..

Address of Beneficiary

 

……………………………………………………..

Telephone of Beneficiary

 

Duties:

The employee is liable under his normal duties to execute at all times all work requested or instructed by the Master, his superior or the representatives of the employer, provided however that such work is:

                                   a)         lawful

                                   b)         within his ability

                                   c)         in the interest of the vessel, its crew, passengers and cargo

 

The employee is obliged to keep absolute secrecy about all details of the business of the employer which might come to his knowledge during his service with the employer. This obligation rests upon the employee even after the termination of contract.

 

General:

If the seaman decides to make his own travel arrangements when embarking or disembarking a vessel without prior agreement of the employer, the employer shall not be liable for any claims whatsoever incurred as a result of this action (e.g. accidents, etc.).

 

Baggage allowance for Airtravel is 40KG.


SCHEDULE “A” / PAGE 3

 

PERSONAL DETAILS

 

Rank

 

Surname                                                        Christian Name (s)

 

Address                                                           Date of Birth                

                       

                                                                       Place of Birth               

 

                                                                       Nationality                   

 

Telephone                                                        Seamansbook No.        

 

Airport                                                             Passport No.                

                       

                                                                       Date of Issue               

 

                                                           Expiry Date                 

 

                                                           Marital Status               

 

Next of kin (to be contacted in emergency cases)

 

address                       

 

Telephone

 

Relationship     

 

Bank Details    

 

Account No      

 

Sort Code        

 

Professional / Tech. Qualifications

Endorsements

 

Chemical Tankerman

 

Petroleum Tankerman

 

Gas Tankerman

 

Rank Name

M/V “ x ”

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