ITF STANDARD

аCOLLECTIVE AGREEMENT

 

 

1 January 1998

 

Application

з1

 

This Agreement sets out the standard terms and conditions applicable to all Seafarers serving on any Ship in respect of which there is in existence a Special Agreement (Уthe Special AgreementФ) made between the Union, an affiliate of the International Transport WorkersТ Federation (the ITF) and the Company who is the Owner/Agent of the Owner of the Ship.

 

This Agreement is deemed to be incorporated into and to contain the terms and conditions of employment of any Seafarer whether or not the Company has entered into an individual Contract of Employment with the Seafarer.

 

The Special Agreement requires the Company (inter alia) to employ the Seafarers on the terms and conditions of this Agreement, and to enter into individual contracts of employment with each Seafarer incorporating the terms and conditions of this Agreement (Уthe ITF Employment ContractФ). The Company has further agreed with the Union and the ITF to comply with all the terms and conditions of this Agreement.

 

The words УSeafarerФ, УShipФ, УSpecial AgreementФ, УITFФ and УCompanyФ when used in this Agreement shall have the same meaning as in the Special Agreement.

 

 

з2

 

A Seafarer to whom this Agreement applies, in accordance with paragraph 1 above, shall be covered by the Agreement with effect from the date on which s/he is engaged or the date from which the ITF Special Agreement is effective as applicable, whether s/he has signed Articles or not, until the date on which s/he signs off and/or the date until which, in accordance with this Agreement, the Company is liable for the payment of wages, whether or not the ITF Employment Contract is executed between her/him and the Company and whether or not the Ship's Articles are endorsed or amended to include the rates of pay specified in the ITF Standard Collective Agreement.

 

 

 

Duration of Employment

з3

 

A Seafarer shall be engaged for 6 (six) months, which period may be extended to 7 (seven) months or reduced to 5 (five) months for operational convenience. Her/his employment shall be automatically terminated upon the terms of this Agreement at the first arrival of the Ship in port after expiration of that period, or of any other period specified in her/his ITF Employment Contract.

 

Wages

з4

 

The wages of each Seafarer shall be calculated in accordance with this Agreement and as per the attached Wage Scale (Annex 1) and the only deductions from such wages shall be as required by relevant statute or as authorised by the Seafarer herself/himself. The Seafarer shall be entitled to payment in cash in US Dollars (or in local currency, at the SeafarerТs option) of her/his net wages after such deductions at the end of each calendar month. Any net wages not so drawn shall accumulate for her/his account and may be drawn by her/him at any time when the Ship is in port. Further, on the ShipТs arrival in port, and thereafter not more frequently than every seventh day in the same country, the Seafarer shall be entitled to draw all or part of the net wages due to her/him in respect of the current calendar month. For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.

 

 

Allotments

з5

 

Any Seafarer, if s/he so desires, shall be allowed an allotment note, payable at monthly intervals, of up to 80% of her/his basic wages after allowing for any statutory deductions.

 

 

Hours of Duty, Overtime and Watchkeeping

з6

 

The ordinary hours of duty of all Seafarers shall be 8 (eight) per day, Monday to Friday inclusive. In the case of day workers, the 8 (eight) hours shall be worked between 06.00 and 18.00, Monday to Friday inclusive. On these days any hours of duty in excess of the 8 (eight) shall be paid for by overtime at the rate stipulated in the attached wage scale.

 

On Ships with UMS class where continuous watchkeeping in the engineroom is not carried out, the engineers (except the chief engineer on Ships with 3 or more engineers) shall be paid an additional 1/5 of the hourly rate (1/172 of monthly rate) for UMS watch while the Ship is under way, i.e. not anchored, moored or grounded.а In these cases the allowance shall be an additional 1/2 of the hourly rate.

 

(i)аааааааа All hours on duty on Saturdays, Sundays and Public Holidays shall be paid for by overtime at the rate stipulated in the attached wage scale, except that hours of watchkeeping shall be compensated for at the weekday overtime rate.

 

(ii)ааааааа If the Seafarer so desires these hours may be compensated for by time off in lieu of payment.а In that event 3.8 hours overtime plus subsistence allowance, as stipulated in Article з25, represent one days wages.

 

 

з7

 

Any break during the work period of less than one hour shall be counted as working time.

 

з8

 

Overtime shall be recorded individually and in duplicate either by the Master or the head of the department. Such record shall be handed to the Seafarer for approval every fortnight or at shorter intervals. Both copies must be signed by the Master and/or head of the department as well as by the Seafarer, after which the record is final. One copy shall be handed over to the Seafarer.

 

If no overtime records are kept as required above the Seafarer shall be paid monthly a lump sum for overtime worked, calculated at 40 hours at the weekday hourly overtime rate, and 64 hours at the Saturdays, Sundays and Public Holidays hourly overtime rate, without prejudice to any further claim for payment for overtime hours worked in excess of these figures.

 

з9

 

If a holiday falls on a Saturday or a Sunday, the following working day shall be observed as a holiday. For the purpose of this Agreement, the following days shall be considered as holidays at sea or in port: Christmas Day, Boxing Day, New YearТs Day, Good Friday, Easter Monday, International Labour Day (1 May), Spring Bank Holiday and Summer Bank Holiday, or such Public Holidays as are agreed upon, having regard to the nationality of the majority of the crew members and detailed in the Special Agreement between the Company and the Union accompanying this Collective Agreement.

 

з10

 

Ships' crews shall not be required or induced to carry out cargo handling and other work traditionally or historically done by dock workers without the prior agreement of the ITF Dockers' Union concerned and provided that the individual Seafarers volunteer to carry out such duties, for which they shall be adequately compensated.

 

Compensation for such work performed during the normal working week, as specified in Article з6, shall be by the payment of the premium overtime rate (weekend and holiday hourly overtime rate as specified in the wage scale contained in Annex 1) for each hour or part of an hour that such work is performed, in addition to the basic pay. Any such work performed outside the normal working week will be compensated at triple the premium overtime rate (weekend and holiday hourly overtime rate as specified in the wage scale contained in Annex 1) for each hour or part of an hour that such work is performed in addition to the payment of the normal hourly rate (determined by dividing the monthly basic by 173) for those hours.

 

Any Seafarer shall be entitled to act lawfully in respecting any dock workersТ trade dispute including but not limited to respecting any picket line or complying with any lawful request not to enter any premises, dock, pier or ocean terminal.а The Company will not take any punitive measures against any Seafarer who respects such dock workersТ trade dispute and any such lawful act by the Seafarer shall not be treated as any breach of the SeafarerТs contract of employment

 

з11

 

Any additional hours worked during an emergency directly affecting the immediate safety of the Ship, its passengers and crew, of which the Master shall be the sole judge, or for safety boat drill, or work required to give assistance to other Ships or persons in immediate peril shall not count for overtime payment.

 

з12

 

Watchkeeping at sea and, when deemed necessary, in port, shall be organised on a three-watch basis. It shall be at the discretion of the Master which Seafarers are put into watches and which, if any, on daywork. The Master and Chief Engineer shall not be required to stand watches. While watchkeeping at sea, the Officer of the navigational watch shall be assisted by at least a posted lookout and at no time, especially during periods of darkness, shall solo watchkeeping be undertaken.

 

Rest Period

з13

 

Each Seafarer shall have at least 10 (ten) hours off duty in each period of 24 (twenty-four) hours and 77 (seventy-seven) hours in any 7 (seven) day period. The 10 (ten) hours of rest may be broken into no more than two periods, one of which shall consist of at least 6 (six) consecutive hours off duty. The interval between consecutive periods of rest shall not exceed 14 (fourteen) hours. This period of 24 hours shall begin at the time a Seafarer starts work immediately after having had a period of at least 6 consecutive hours off duty. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments shall be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue. The allocation of periods of responsibility on UMS Ships, where a continuous watchkeeping in the engine room is not carried out, shall also be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue and an adequate compensatory rest period shall be given if the normal period of rest is disturbed by call-outs.

 

Manning

з14

 

The Ship shall be competently and adequately manned so as to ensure its safe operation and the maintenance of a three-watch system whenever required and in no case manned at a lower level than the attached manning scale based on the applicable standard laid down in the ITF Policy on Manning of Ships and its attached УMinimum Safe Manning ScalesФ (Annex 3).

Shorthand Manning

з15

 

Where the complement falls short of the agreed manning, for whatever reasons, the wages of the shortage category shall be paid to the affected members of the concerned department. Such shortage, however, shall be made up before the Ship leaves the next port of call. This provision shall not affect any overtime paid in accordance with Articles 6 -11.

 

Medical Attention

з16

 

A Seafarer shall be entitled to immediate medical attention for sickness or injury and a Seafarer, who is discharged owing to sickness or injury, shall be entitled to medical attention (including hospitalisation) at the CompanyТs expense for as long as such attention is required. The Company shall be liable to defray the expense of medical care and maintenance until such time as further medical treatment would not improve her/his position.

 

Sick Pay

з17

 

When a Seafarer is signed off and landed at any port because of sickness or injury, her/his wages shall continue until s/he has been repatriated at the CompanyТs expense or has arrived at her/his home or place of her/his original engagement, whichever place is more convenient for the Seafarer. Thereafter s/he shall be entitled to sick pay at a rate equivalent to her/his basic wages and subsistence allowance (as per Article з25) while s/he remains sick up to a maximum of 112 days. However, in the case of injury the sickpay shall be paid until the injured Seafarer has been cured or until the incapacity has been declared to be of a permanent character.а Proof of her/his continued entitlement to sick pay shall be by submission of satisfactory medical certificates. At the time s/he leaves the Ship the Seafarer shall be paid an advance of her/his sick pay for the estimated number of days certified by a Doctor for which s/he is expected to be sick or injured.а

 

Paid Leave

з18

 

Every Seafarer to whom this Agreement applies shall, on the termination of employment for whatever reason, be entitled to 6 days paid leave for each completed month of service; broken periods of 15 days or less shall qualify for 3 days leave and broken periods of over 15 days but less than 30 days for 6 days leave. Qualifying service shall count from the time a Seafarer is originally engaged, whether s/he has signed Articles or not, and shall continue until her/his employment is finally terminated. Payment for leave shall be at the rate of pay applicable at the time of termination in accordance with the attached wage scale plus a subsistence allowance as laid down in Article 25.

 

Loss of Life

Death in Service

з19

 

If a Seafarer dies through any cause, whilst in the employment of the Company, or arising from her/his employment with the Company, including death from natural causes or death occurring whilst travelling to or from the vessel, or as a result of marine or other similar peril, the Company shall pay the sums specified in the attached schedule (Annex 2) to the widow or children or parents and to each dependent child up to a maximum of 4 (four) under the age of 21. If the Seafarer shall leave no widow the aforementioned sum shall be paid to the person or body empowered by law or otherwise to administer the estate of the Seafarer.

 

Any payment effected under this clause shall be without prejudice to any claim for compensation made in law.

 

Service in Warlike Operations Areas

з20

 

a)аааааааа During the assignment a Seafarer shall be given full information of the war zones inclusion in the ShipТs trading pattern and shall have the right not to proceed to a warlike operations area, in which event s/he shall be repatriated at CompanyТs cost with benefits accrued until the date of return to the port of engagement.

 

b)аааааааа Where a Ship enters into an area where warlike operations take place, the Seafarer will be paid a bonus equal to 100% of the basic wage for the duration of the ShipТs stay in such area subject to a minimum of five days pay. Similarly the compensation for disability and death shall be doubled.

 

c)аааааааа A warlike operations area will be as indicated by LloydТs.

 

d)аааааааа A Seafarer shall have the right to accept or decline the assignment without risking losing her/his employment or suffering any other detrimental effects.

 

Disability

з21

 

a)аааааааа A Seafarer who suffers injury as a result of an accident from any cause whatsoever whilst in the employment of the Company or arising from her/his employment with the Company, regardless of fault including accidents occurring while travelling to or from the Ship, and whose ability to work as a Seafarer is reduced as a result thereof shall, in addition to sick pay, be entitled to compensation according to the provisions of the Agreement.

b)аааааааа The disability suffered by the Seafarer shall be determined by a Doctor appointed by the ITF, and the Company shall provide disability compensation to the Seafarer in accordance with the percentage specified in the table below which is appropriate to this disability.

 

DEGREE OF DISABILITY	RATE OF COMPENSATION
	RATINGS AB & below	OFFICERS & ratings above AB
%	US$	US$
50-100	80,000	120,000
49	40,000	60,000
40	32,000	48,000
30	24,000	36,000
20	16,000	24,000
10	а 8,000	12,000

 

with any differences, including less than 10% disability, to be pro-rata.

 

The compensation provided under this paragraph for 100% disability shall not exceed US$ 120,000 for Officers and US$ 80,000 for Ratings, with lesser degrees of disability compensated for pro rata.

 

c)аааааааа Permanent Medical Unfitness - A Seafarer whose disability, in accordance with paragraph a) is assessed at 50% or more under the attached Annex 4 shall, for the purpose of this paragraph be regarded as permanently unfit for further sea service in any capacity and be entitled to 100% compensation, i.e. US$ 120,000 for Officers and US$ 80,000 for Ratings.а Furthermore, any Seafarer assessed at less than 50% disability under the attached Annex 4 but certified as permanently unfit for further sea service in any capacity by the UnionТs Doctor, shall also be entitled to 100% compensation.

 

d)аааааааа Loss of Rank - A Seafarer whose disability, in accordance with paragraph a) does not fall within the terms ofа paragraph c) but who is determined by the ITFТs Doctor to be able to continue to serve at sea only in a lower category of employment than that in which s/he was serving at the time of the accident should be entitled to the degree of disability compensation awarded in accordance with paragraph b) enhanced by 50%.

 

For the purpose of this paragraph there should be three categories of employment as follows: -

 

-ааааааааааааа Senior Officer - Master, Chief Engineer, Chief Officer,

аааааааааааааа Second Engineer

 

-ааааааааааааа Junior Officer - All Officer ranks other than Senior Officer as above.

 

-ааааааааааааа Ratings - All Seafarers other than Officers as above.

 

e)аааааааа Any payment effected under paragraphs a) to d) shall be without prejudice to any claim for compensation made in law.

 

Insurance cover

з22

 

The Company shall conclude appropriate insurance to cover themselves fully against the possible contingencies and liabilities arising from the Articles of this Agreement.

 

Repatriation

з23

 

Repatriation shall take place in such a manner that it meets the needs and reasonable requirements for comfort of the Seafarer. The Company shall be liable for the cost of maintaining the Seafarer ashore until repatriation takes place.

 

A Seafarer shall be entitled to repatriation at the CompanyТs expense (including basic wages and subsistence allowance) either to her/his home or to the place of her/his original engagement (at the SeafarerТs option):

 

a)аааааааа after 6 months continuous service on board, always subject to the provisions of Article 3;

 

b)аааааааа when signing off owing to sickness or injury;

 

c)аааааааа when her/his employment is terminated owing to discharge by the Company;

 

d)аааааааа upon the loss, laying-up or sale of the Ship;

 

e)аааааааа if the Ship has been arrested (whether by a Seafarer or not) provided the Ship has remained under arrest for more than 14 days;

 

f)аааааааа if the Company has not complied with the provisions of this Agreement, the Seafarer is entitled to claim the outstanding wages and to be repatriated at the Company's expense;

 

g)аааааааа on discharge according to Article 27, sub-paragraphs (b) and (c) below.

 

When, during the course of a voyage, the wife or, in the case of a single person, a parent falls dangerously ill whilst the Seafarer is abroad, every effort will be made to repatriate the Seafarer concerned as quickly as possible. The cost of repatriation will be borne by the Company.

 

Food, Accommodation, Bedding, Amenities, etc.

з24

 

The Company shall provide the following for the use of each Seafarer whilst s/he is serving on board;

 

a)аааааааа sufficient food of good quality and of a type conforming with the SeafarersТ dietary and/or аааааааа religious requirements;

 

b)аааааааа accommodation of adequate size and standard;

 

c)ааааааа one mattress and at least one pillow, three blankets, two sheets, one pillow-case and two towels. The sheets, pillow-case and towels shall be changed at least once a week;

 

d)аааааааа necessary cutlery and crockery;

 

e)аааааааа laundry facilities;

 

f)ааааааааа recreational facilities in accordance with ILO Recommendation No. 138 (1970).

 

In addition, the Company shall provide the galley with all items of equipment normally required for cooking purposes. All items of equipment mentioned in sub-paragraphs (c), (d) and (e) above shall be of good quality.

 

The accommodation standards should generally meet those criteria contained in relevant ILO instruments relating to crew accommodation.

 

 

Subsistence Allowance

з25

 

Whilst on paid leave a Seafarer shall be entitled to a daily subsistence allowance according to the attached Schedule (Annex 2). When food and/or accommodation is not provided on board the Company shall be responsible for providing food and/or accommodation of good quality ashore.

 

CrewТs Effects

з26

 

When any Seafarer suffers total or partial loss of, or damage to, her/his personal effects, due to whatever cause, either whilst serving on board the Ship or travelling to and from the Ship, s/he shall be entitled to receive from the Company compensation up to a maximum specified in the attached Schedule (Annex 2). The Seafarer shall certify that any information provided with regard to lost property is true to the best of her/his knowledge.

 

Termination of Employment

з27

 

a)аааааааа A Seafarer may terminate her/his employment by giving one months notice of termination to the Company or the Master of the Ship, either in writing or verbally in the presence of a witness (see also Article 3 above).

 

b)аааааааа If the Seafarer was employed for a specified voyage, and if the voyage is subsequently altered substantially, either with regard to duration or trading pattern, s/he shall be entitled to terminate her/his employment as soon as possible.

 

c)аааааааа A Seafarer may refuse to sail into a warlike operations area as defined by LloydТs.

 

d)аааааааа A Seafarer shall be entitled to terminate her/his employment immediately if the Ship is certified substandard in relation to the applicable provisions of the Safety of Life at Sea Convention (SOLAS) 1974, the International Convention on Loadlines (ILC) 1966, the Standards of Training Certification and Watchkeeping Convention (STCW) 1978, the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 (MARPOL) or substandard in relation to ILO Convention No. 147, 1976, Minimum Standards in Merchant Ships, as supplemented by the Protocol of 1996. In any event, a Ship shall be regarded as substandard if it is not in possession of the certificates required under either applicable national laws and regulations or international instruments.

 

 

e)аааааааа The Company shall not be entitled to terminate the employment of a Seafarer prior to the expiry of her/his period of engagement (as specified in Article 3) except only that the Company may discharge a Seafarer:

(i) upon the total loss of the Ship; or

(ii)ааааааааааааа when the Ship has been laid up for a continuous period of at least one month; or

(iii)аааааааааааа upon the sale of the Ship; or

(iv)ааааааааааааа upon the misconduct of the Seafarer giving rise to a lawful entitlement to dismiss, provided that in the case of dismissal for misconduct of the Seafarer the Company shall, prior to dismissal, give written notice to the Seafarer specifying the misconduct relied upon and in the event that such notice is not given as aforesaid the dismissal shall be ineffective in terminating the employment of the Seafarer and the Seafarer shall be entitled to damages in respect of the unexpired term of her/his employment in addition to the compensation provided for in (f) below.

 

f)ааааааааа A Seafarer shall be entitled to receive compensation of two months basic pay on termination of her/his employment for any reason except where:

 

(i)ааааааа the termination is as a result of the expiry of an agreed period of service in her/his ITF Employment Contract; or

(ii)аааааа the termination is as a result of notice given by the Seafarer as aforesaid; or

(iii)ааааа the Seafarer is lawfully and properly dismissed by the Company as a

аааааааааа consequence of the SeafarerТs own misconduct.

g)аааааааа For the purposes of this Agreement refusal by any Seafarer to obey an order to sail the Ship shall not amount to misconduct of the Seafarer where:

 

аааааааааа (i)ааааааааа the Ship is unseaworthy/or otherwise substandard as defined in Article 27 (d) above; or

аааааааааа (ii)аааааааа for any reason it would be unlawful for the Ship to sail; or

аааааааааа (iii)ааааааа the Seafarer has a genuine grievance against the Company in relation to implementation of this Agreement or her/his ITF Employment Contract; or

аааааааааа (iv)аааааааа the Seafarer refuses to sail into a warlike operations area.

 

Membership Fees, Welfare Fund and

Representation of Seafarers

з28

 

a)     Subject to national legislation, all Seafarers shall normally be members of either an appropriate national trade union affiliated to the ITF or of the ITF, allocated to the Special SeafarersТ Department.

 

b)     The Company shall pay in respect of each Seafarer the Entrance/Membership fees in accordance with the terms of the relevant organisation.

 

c)     The Company shall pay contributions to the ITF SeafarersТ International Assistance, Welfare and Protection Fund in accordance with the terms of the Special Agreement.

 

d)     The Company acknowledges the right of Seafarers to participate in union activities and to be protected against acts of anti-union discrimination as per ILO Conventions Nos. 87 and 98.

 

e)     The Company acknowledges the right of the ITF to elect a liaison representative from among the Seafarers who shall not be dismissed nor be subject to any disciplinary proceedings unless the ITF has been given advance notice and sufficient time to ensure that adequate shore based representation is provided.

 

Breach of Agreement

з29

 

If the Company breaches the terms of this Agreement the ITF or the Union, for itself or acting on behalf of the Seafarers, and/or any Seafarer shall be entitled to take such measures against the Company as may be deemed necessary to obtain redress.

 

Amendment of the Agreement

з30

 

The terms and conditions of this Agreement shall be reviewed annually by the ITF and if at any time the ITF and the Company mutually agree on amendments and/or additions to this Agreement, such amendments and additions shall be agreed in writing and signed by the parties and considered incorporated in the Special Agreement.

 

Waivers and Assignments

з31

 

The Company undertakes not to demand or request any Seafarer to enter into any document whereby, by way of waiver or assignment or otherwise, the Seafarer agrees or promises to accept variations to the terms of this Agreement or return to the Company, their servants or agents any wages (including Backwages) or other emoluments due or to become due to her/him under this Agreement and the Company agrees that any such document already in existence shall be null and void and of no legal effect.

 

Equality

з32

 

Each Seafarer shall be entitled to work, train and live in an environment free from harassment and bullying whether sexually, racially or otherwise motivated, in accordance with ITF policy guidelines.

 

Personal protective equipment

з33

 

The Company shall provide the necessary personal protective equipment for the use of each Seafarer whilst serving on board. Every person engaged in the operations and every other person who may be exposed to the risk of injury, poisoning or disease arising from the operations should, where necessary, be provided with and should wear:

a)                a suitable safety helmet constructed to an appropriate standard;

b)                overalls;

c)                waterproof, reinforced, safety boots;

d)                depending on the risk, sufficient and suitable protective clothing and equipment,

including, but not limited to:

i)              respiratory protective equipment; eye protectors; hearing protection; gloves; welding aprons; safety harnesses, ropes and attachments; and buoyancy aids; and

ii)             sufficient and suitable protective outer clothing for use by any person who, by reason of the nature of work, is required to continue working in the open air during cold or hot weather, rain, snow, sleet, hail, spray, high winds or hot, humid conditions.

e)                Personal protective equipment should be used on an individual basis and not passed to another person without first being cleaned, serviced and maintained;

f)                  The space provided for personal safety equipment should be such as not to contaminate accommodation or other storage. Personal protective equipment should be suitable for the purpose and to the required standard, having regard of the nature of the work;

g)                Where there is a relevant certificate of approval or a national standard or there is an equivalent international standard, personal protective equipment should be to that standard.

h)                Ships shall be so equipped, that survival suits of appropriate size, meeting IMO standards, shall be made available for each crew member. The Company shall be responsible for ensuring the existence of an ample number of survival suits on board.

 

Lifeboatsа and Liferafts shall carry reverse osmosis equipment.

 

 

Ship Board Safety Committee

34

 

a)                The Company shall facilitate the establishment of an on board Safety and Health Committee, in accordance with the provisions contained in the ILO Code of Practice on Accident Prevention on Board Ship at Sea and in Port, and as part of their safety-management system * .а The Company shall provide a link between the company and those on board through the designation of a person or persons ashore having direct access to the highest level of management*.а The Company shall also designate an on board competent safety Officer who shall implement the CompanyТs safety and health policy and programme and carry out the instructions of the Master to:

 

i)              improve the crewТs safety awareness; and

ii)             investigate any safety complaints brought to her/his attention and report the same to the Safety and Health Committee and the individual, where necessary; and

iii)            investigate accidents and make the appropriate recommendations to prevent the recurrence of such accidents; and

iv)            carry out safety and health inspections; and

v)             monitor and carry out the on board safety training of Seafarers.

 

b)                The Company acknowledges the right of the ITF to appoint or have elected by and from the crew a safety representative(s). In carrying out the role of safety representative, access to information, assistance and advice should be provided, where necessary, by the Safety Committee, the Company and the ITF. The safety representative shall:

 

i)              have access to all parts of the Ship; and

ii)             be able to participate in the investigation of accidents and near accidents; and

iii)            have access to all the necessary documentation, including investigation reports, past minutes of the Safety and Health Committee, etc.; and

iv)            receive appropriate training; and

v)             not be subject to dismissal or other prejudicial measures for carrying out functions assigned to the role of safety representative and be entitled to the same protections as the liaison representative.

ANNEX 1

ITF Wage Scale

(effective 1 January 1998)

 

			Para 4	Para 6			Para 18
				Hourly O/T rate
No	Rank or Rating	Rel AB	Basic monthly pay (US$)	weekdays 1/135th of monthly	para 9 Sats., Suns. and Pub. Hols. 1/75th of monthly	Cash compensation for unclaimed annual leave (per day) 1/25th of monthly
1	Master	3.369	3147	23.3	42.0	125.9
2	Chief Engineer Officer	3.062	2860	21.2	38.1	114.4
3	Chief Navigating Officer	2.175	2032	15.0	27.1	81.3
4	2nd Navigating Officer	1.742	1627	12.1	21.7	65.1
5	3rd Navigating Officer	1.679	1568	11.6	20.9	62.7
6	1st Engineer Officer	2.175	2032	15.0	27.1	81.3
7	2nd Engineer Officer	1.742	1627	12.1	21.7	65.1
8	3rd Engineer Officer	1.679	1568	11.6	20.9	62.7
9	Radio Officer	1.742	1627	12.1	21.7	65.1
10	Electrical Engineer Officer	1.742	1627	12.1	21.7	65.1
11	Chief Steward	1.742	1627	12.1	21.7	65.1
12	Electrician	1.498	1399	10.4	18.7	56.0
13	Boatswain	1.117	1043	7.7	13.9	41.7
14	Carpenter	1.117	1043	7.7	13.9	41.7
15	Fitter/Repairer	1.117	1043	7.7	13.9	41.7
16	Chief Cook	1.117	1043	7.7	13.9	41.7
17	Donkeyman	1.117	1043	7.7	13.9	41.7
18	Engineroom Storekeeper	1.117	1043	7.7	13.9	41.7
19	Pumpman	1.117	1043	7.7	13.9	41.7
20	Boatswain's Mate	1.036	968	7.2	12.9	38.7
21	Quartermaster	1.036	968	7.2	12.9	38.7
22	Assistant Electrician	1.036	968	7.2	12.9	38.7
23	Able Seaman	1.000	934	6.9	12.5	37.4
24	Fireman/Motorman	1.000	934	6.9	12.5	37.4
25	Oiler/Greaser	1.000	934	6.9	12.5	37.4
26	2nd Steward	1.000	934	6.9	12.5	37.4
27	2nd Cook	0.852	795	5.9	10.6	31.8
28	Messroom Steward	0.852	795	5.9	10.6	31.8
29	Ordinary Seaman	0.744	695	5.1	9.3	27.8
30	Wiper	0.744	695	5.1	9.3	27.8
31	Deck Boy	0.426	398	3.0	5.3	15.9
32	Catering Boy	0.426	398	3.0	5.3	15.9

 

1. Any general purpose rating shall receive 10 % higher basic wages and allowances compared to the highest rank of the positions her/his job designation is supposed to cover.

2. A stockman shall receive the basic pay of an Able Seaman plus an allowance of 10 %.

3. A Seafarer who is over the age of 18 and who is not listed among the categories of ratings shall be paid at least the equivalent rate of an Able Seaman. In no case shall a person over the age of 18 (eighteen) years be engaged as a boy or paid a boyТs rate.

ANNEX 2

 

Schedule of Cash Benefits

 

CASH BENEFITS

 

Article 19

Compensation for Loss of Life:

 

(i)ааааааааааа to immediate next of kin Ч US $ 60,000

(ii)аааааааааа to each dependent child under the age of 21 Ч US $15,000 Ч subject to a maximum of 4

 

Article 25

Subsistence Allowance:

 

Daily subsistence allowance whilst on paid leave Ч US $18

 

Article 26

CrewТs Effects, Loss or Damage:

 

Maximum Ч US $3,000

 

Article 28

Membership Fees and Representation:

 

ITF Entrance/Membership Fees Ч US $69.00 per position/seafarer per year

аааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааа

 

ITF SeafarersТ International Assistance, Welfare

and Protection Fund:

CompanyТs Contribution Ч US $230.00 per position per year

 

ANNEX 3

ITF Policy on Manning of Ships

 

1.аааааааа The basic principles involved in arriving at manning requirements should be considered prior to considering the numbers of each type of Officer or Rating that might be required. The following basic concepts have a bearing on manning:

Recognition and Development Criteria

Essential to the Task of Defining Manning Requirements

2.аааааааа Among the criteria which have traditionally been used for this purpose are the following:

a)                trading area (e.g. home trade [A1], middle trade [A2], worldwide trade [A3 and A4])

b)                number, size and type of main propulsion units (HP/KW, diesel or steam) and auxiliaries

c)                tonnage (GT)

d)                safety of voyage between ports (e.g. duration of voyage, nature of voyage)

e)                construction and technical equipment of Ship

f)                  catering needs

g)                sanitary regulations

h)                watchkeeping arrangements

i)                  responsibilities in connection with cargo handling in port

j)                  medical care aboard Ship

Further Criteria

3.аааааааа As a result of the social evolution and the changes that have taken place within the shipbuilding and shipping industries and in particular in view of the increasing importance of social aspects in shipboard employment there are further criteria governing the manning of Ships. Consequently, the following factors should be added to those listed in para. 2 a)-j) above:

a)                Safe watchkeeping requirements and procedures

b)                Provisions regarding working hours

c)                The maintenance function as it relates to:

i)              Ship machinery and support equipment

ii)             radiocommunications and radionavigation equipment

iii)            other equipment (including cargo support and handling equipment) and

iv)            navigation and safety equipment

d)                The human complement necessary to ensure that while malfunctioning automatic and remote control equipment is being repaired the function of the controlled equipment will still be available to the vessel, on a manual basis

e)                Peak workload situations

f)                  The human endurance/health factor (manning must never fall below the level at which the SeafarersТ right to good health and safety is jeopardised)

g)                Adequate manning to ensure that the ShipТs complement can cope with on-board emergencies

h)                Adequate manning to ensure that the Ship can assist other Ships in distress

i)                  On-board training requirements and responsibilities

j)                  Responsibilities flowing from the need for environmental protection

k)                Observance of industrial safety and SeafarerТs welfare provisions

l)                  Special conditions generated by the introduction of specialised Ships

m)               Conditions generated by the introduction of hazardous cargoes which may be explosive, flammable, toxic, health-threatening or environment-polluting

n)                Other work related to safety aboard the Ship

o)                Age and condition of Ship

 

Operational and Maintenance Activities

4.аааааааа Shipboard activities that must be carried out so that the operation and maintenance of the Ship and its equipment shall not pose hazards to the lives of Seafarers and Passengers, to property or to the environment. These activities include the functions carried out by the following departments:

a)                Deck Department

b)                Engine Department

c)                Radio Department

d)                Catering Department

Three-Watch System (based on an 8 hour Working Day)

5.аааааааа This system shall be applied to the deck and engine departments in all seagoing Ships. Neither the Master nor the Chief Engineer shall be required to stand watches, and shall not be required to perform non-supervisory work.

6.аааааааа The number of qualified personnel on board Ships shall be at least such as to ensure compliance with the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and the 1980 IMO Assembly Resolution on Principles of Safe Manning (A.. 481).

Safety and Hygiene

7.аааааааа Furthermore, it will be necessary to pay due attention to the contribution of the catering personnel towards the overall safety and hygiene of Ships.

Interlinkage of Shipboard Activities

8.аааааааа The fact that all shipboard activities are interlinked must be the guiding principle governing the manning considerations set forth under УFurther CriteriaФ above. For example, safe navigation cannot be undertaken if propulsion equipment, steering gear, radionavigation or radiocommunication equipment are malfunctioning. Similarly the health of those aboard will determine their availability to function in the optimum manner necessary for the safe operation of the Ship. Sea going Ships shall carry a competent person in charge of medical care on board, in line with Regulation VI/4 (Mandatory minimum requirements relating to medical first aid and medical care) of the 1978 STCW Convention and the applicable Sections of the STCW Code, Parts A and B.

The Network Factor

9.аааааааа The УnetworkФ factor, i.e. the fact that all Ships are interdependent upon one another for mutual assistance must be kept in mind in considering manning requirements. The planning must be adequate to ensure the capability of the Ship to go to the aid of a Ship in distress. Accordingly, there must be reliable radiocommunications for alerting purposes to describe its plight and what assistance it requires and for coordinating assistance for the Ship in distress. There must be sufficient competent manpower on board each Ship to handle the ShipТs own lifeboats in a safe and efficient manner to participate in other life-saving procedures.

Conclusion

10.аааааа Minimum manning requirements does not mean the minimum number in the sense of the fewest tolerable, but means the minimum number that will be adequate for the safety of the Ship, crew and passengers, property and the environment at all times.

11.аааааа Every vessel shall be sufficiently manned for the purpose of preventing excessive strain upon the crew and avoiding or minimising as far as practicable the working of overtime.

12.аааааа It is the firm view of the ITF that all the above matters must be fully considered as a prerequisite to considering manning requirements on a numerical basis and guidelines formulated in accordance therewith.

Manning Scales

13.аааааа The attached manning scales (1-5) are to be regarded as minimum safe manning.

14.аааааа In negotiations with Owners and national administrations ITF affiliates shall also take into consideration the principles set out in the above ITF policy on manning of Ships.

Minimum Safe Manning Scales

 

Manning Scale No. 1

 

Proposed manning scale for a cargo Ship of 500 - 1,599 GT with periodically unmanned engine room and trading worldwide:

1 Master

2 Deck Officers*)

3 Deck Ratings*)

1 Chief Engineer**)

1 Engine Room Rating

1 Cook

______________

Total:ааааааааааааааа 7 - 10 One of whom has medical training as acompetent person in charge of medical care onboard, in line with Regulation VI/4 of the 1978 STCW Convention.

*)ааааааааа When trading in coastal and limited trade areas, and if a properly negotiated relief system is in operation based on a one on one off system and with a maximum period of service of two months, the manning can be reduced by one Deck Officer and one Deck Rating. When engaged in worldwide trading the maximum period of service shall be three months, and the Master should not normally be engaged in watchkeeping duties.

**)ааааааа For Ships of a propulsion power of more than 1500 kW add one Engineer Officer.

 

Manning Scale No. 2

 

Proposed manning scale for a cargo Ship of 1,600 - 2,999 GT with periodically unmanned engine room and trading worldwide:

1 Master

3 Deck Officers*)

3 Deck Ratings*)***)

1 Chief Engineer

2 Engineer Officers*)**)****)

1 Engine Room Rating****)

1 Chief Steward/Cook

1 Steward/Stewardess

__________________

Total:ааааааааааааааа 10-15 One of whom has medical training as acompetent person in charge of medical care onboard, in line with Regulation VI/4 of the 1978 STCW Convention.

*)ааааааааа When trading in coastal and limited trade areas, and if a properly negotiated relief system is in operation based on a one on one off system and with a maximum period of service on board of two months, the manning can be reduced by one Deck Officer, one Engineer Officer (only in Ships of more than 1500 kW propulsion power and less than 3,000 kW) and one Deck Rating. In such cases the Master should not normally be engaged in watchkeeping duties.

**)ааааааа In Ships of less than 1500 kW propulsion power it is only necessary to have two Engineer Officers (including the Chief Engineer Officer) on board the Ship.

***)аааааа One of which may be a Junior/Entry Rating, taking into account the varying training practices in different countries.

****)ааааа At times when it is necessary to stand continuous conventional watches the manning scale shall be increased by one Engineer Officer and one Engine Room Rating.

 

Manning Scale No. 3

 

Proposed manning scale for a cargo Ship of 3,000 - 5,999 GT with periodically unmanned engine room and trading worldwide:

 

1 Master

3 Deck Officers

1 Bosun

3 A.B.s*)

1 Chief Engineer

2 Engineer Officers**)

1 Electrician/Electrical Engineer Officer/Repairman

1 Engine Room Rating**)

1 Radio Officer***)

1 Chief Steward/Cook

1 Steward/Stewardess

__________________

Total:ааааааааааааааа 15-19 One of whom has medical training as aаа competent person in charge of medical care on board, in line with Regulation VI/4 of the 1978 STCW Convention.

 

*)ааааааааа One of which may be a Junior/Entry Rating, taking into account the varying training practices in different countries.

**)ааааааа At times when it is necessary to stand continuous conventional watches the manning scale shall be increased by one Engineer Officer and two Engine Room Ratings, one of which may be a Junior/Entry Rating.

***)аааааа Vessels trading in areas A1 and A2 are not required to carry a Radio Officer subject to the Deck Officers having the required certification. Vessels trading in areas A3 and A4 are required to have a Radio Officer with a First or Second Class Radio Electronics OperatorТs Certificate, depending on the complexity of the equipment.

 

Manning Scale No. 4

 

Proposed manning scale for a cargo Ship of 6,000 to 19,999 GT with periodically unmanned engine room and trading worldwide:

 

1 Master

3 Deck Officers

1 Bosun

3 A.B.s

1 O.S./Junior/Entry Rating

1 Chief Engineer

2 Engineer Officers*)

1 Electrician/Electrical Engineer Officer

1 Repairman

1 Engine Room Rating*)

1 Junior Engine Room/Entry Rating

1 Radio Officer

1 Chief Steward/Cook

2 Stewards/Stewardesses

_____________________

Total:ааааааааааааааа 20 or 22**) One of whom has medical training as a competent person in charge of medical care on board, in line with Regulation VI/4 of the 1978 STCW Convention.

 

*)ааааааааа At times when it is necessary to stand continuous conventional watches the manning scale shall be increased by one Engineer Officer and one Engine Room Rating.

**)ааааааа At times when, for whatever reason, the shipboard complement, including passengers and supernumeraries, is increased by up to four persons, the Catering Department shall receive a bonus of 25% of their monthly basic salaries or pro rata, for the appropriate period. If the shipboard complement is increased in the range of four to ten persons an additional Cook and a Steward/Stewardess shall be added to the manning scale. For every subsequent additional ten persons add an extra Steward/Stewardess.

 

Manning Scale No. 5

 

Proposed manning scale for a cargo Ship of 20,000 GT and over with periodically unmanned engine room and trading worldwide:

 

1 Master

3 Deck Officers

1 Bosun

3 A.B.s

1 O.S./Junior/Entry Rating

1 Chief Engineer

3 Engineer Officers

1 Electrician/Electrical Engineer Officer

1 Repairman

3 Engine Room Ratings*) ****)

1 Radio Officer

1 Chief Steward/Cook

2 Stewards/Stewardesses

____________________

Total:ааааааааааааааа 22-24**) ***) One of whom has medical training as a competent person in charge of medical care on board, in line with Regulation VI/4 of the 1978 STCW Convention.

 

*)ааааааааа At times when it is necessary to stand continuous conventional watches the manning scale shall be increased by one Engine Room Rating.

**)ааааааа At times when, for whatever reason, the shipboard complement, including passengers and supernumeraries, is increased by up to four persons the Catering Department shall receive a bonus of 25% of their monthly basic salaries or pro rata, for the appropriate period. If the shipboard complement is increased in the range of four to ten persons an additional Cook and a Steward/Stewardess shall be added to the manning scale. For every subsequent additional ten persons add an extra Steward/Stewardess.

***)аааааа Vessels over 20,000 GT engaged in carrying petroleum products shall add one Pumpman.

****)ааааа One of which may be a Junior/Entry Rating, taking into account the varying training practices in different countries.

 

 

ANNEX 4

 

COMPENSATION SCALE

 

 

I.ааа Injuries to Extremities

 

A.аа Hand, Arm, Shoulder

 

(If a person is left-handed, her/his left hand is assessed as a right hand, and vice versa.)

 

 

	Percentage		Compensation
	Right		Left
a. Fingers
Loss of all fingers of one hand	55		50
Loss of one thumb and metacarpal bones	30		25
Loss of one thumb		25
Loss of extremity of one thumb		12
Loss of half of extremity of one thumb		8
Thumb with stiff extreme joint		5
Thumb with stiff metacarpophalangeal joint		3
Thumb with stiff extreme and metacarpophalangeal joints		15
Loss of forefinger (second finger)		10
Loss of middle and extreme joints of forefinger		10
Loss of extreme forefinger		5
Forefinger with stiff metacarpophalangeal joint in outstretched position		5
Forefinger with 90 degrees or more stretch deficiency in middle joint		5

 

 

	Percentage		Compensation
	Right		Left
Loss of middle finger (third finger)		10
Loss of middle and extreme joints of middle finger		8
Loss of extreme joint of middle finger		5
Middle finger with stiff metacarpophalangeal joint in outstretched position		5
Middle finger with 90 degrees or more stretch deficiency in middle joint		5
Loss of ring finger (fourth finger)		8
Loss of middle and extreme joints of ring finger		5
Loss of extreme joint of ring finger		3

 

Ring finger with stiff metacarpophalangeal joint in outstretched position		5
Ring finger with 90 degrees or more stretch deficiency in middle joint		5
Loss of little finger (fifth finger)		8
Loss of middle and extreme joints of little finger		5
Loss of extreme joint of little finger		3
Loss of thumb and forefinger (1st and 2nd fingers)	40		35
Loss of extreme joints of thumb and forefinger		18
Loss of thumb, forefinger and middle finger	50		45
Loss of extreme joints of thumb, forefinger and middle finger		20
Loss of thumb, forefinger, middle finger and ring finger (1st, 2nd, 3rd and 4th fingers)	55		50
Loss of forefinger and middle finger (2nd and 3rd)		25
Loss of middle and extreme joints of forefinger and middle finger		20
Loss of extreme joint of forefinger and middle finger		10
Loss of forefinger, middle finger and ring finger	35		30
Loss of middle and extreme joints of forefinger, middle finger and ring finger		25
Loss of extreme joints of forefinger, middle finger and ring finger		12
Loss of forefinger, middle finger, ring finger and little finger (2nd, 3rd, 4th and 5th)	40		35
Loss of middle and extreme joints of forefinger, middle finger, ring finger and little finger	35		30
Loss of extreme joints of forefinger, middle finger, ring finger and little finger		15
Loss of middle finger, ring finger and little finger (3rd, 4th and 5th)		30

 

	Percentage		Compensation
	Right		Left
Loss of middle and extreme joints of middle finger, ring finger and little finger		20
Loss of extreme joints of middle finger, ring finger and little finger		10
Loss of ring finger and little finger (4th and 5th)		20
Loss of middle and extreme joints of ring finger and little finger		15
Loss of extreme joints of middle finger and ring finger or of ring finger and little finger		5
Middle finger and ring finger with 90 degrees or more stretch deficiency in middle joint		8

 

b.а Hand, Wrist
Loss of one hand	60		55
Stiffness in good working position		10
Stiffness in poor working position		15
Fracture of radial bone healed with some dislocation and slight functional disturbances, possible friction		5
Consequences of fracture of radial bone:а Forefinger to little finger down to 2 cm from the palm of the hand		18
c.а Arm
Loss of one arm	70		65
Amputation of upper arm	65		60
Amputation o forearm with good elbow movement	60		55
Amputation of forearm with poor elbow movement	65		60
Unhealed rupture of biceps		5
Axillary thrombosis		5
d. Elbow
Stiffness in outstretched position	45		40
Stiffness in good working position	25		20
Stiffness in poor working position	30		25
Cessation of rotary function of forearm (Уupright positionФ)	20		15
Elbow bending reduced to 90 degrees or less	15		12
Stretch deficiency of up to 40 degrees		3
Stretch deficiency 40-90 degrees		5
e.а Shoulder
All mobility reckoned with УunsetФ shoulder blade.а Stiffness in shoulder (with arm alongside body)		35
Elevation up to 90 degrees		15

 

 

	Percentage		Compensation
	Right		Left
Friction and some reduction of mobility		5
Habitual luxation		10
Luxatio acromio-clavicularis		5
f.а Paralysis
Total paralysis of plexus brachialis	70		65
Total paralysis of nervus radialis on the upper arm	25		20
Total paralysis of nervus ulnaris	30		25
Total paralysis of nervus medianus, both sensory and motoric injuries	35		30
For sensory injuries only		10
B.а Foot, Leg, Hip
a.а Foot
Loss of foot with good function of prosthesis		30
Loss of foot with poor function of prosthesis		35
Amputation of tarsus with stump capable of bearing		15
Loss of all toes on one foot		10
Loss of 1st toe (big toe) and some of its metatarsal bone		8
Loss of 1st toe (big toe)		5
Loss of extreme joint of big toe		3
Big toe with stiffness in metatarsophalangeal joint		5
Loss of one of the other toes		3
Ankle joint stiff at right angle or slight talipes equinus (up to 15 degrees)		15
Ankle joint stiff in pronounced talipes equinus position		20
Ankle joint where rotary mobility has ceased		5
Fallen arches aggravated by pains		8
Traumatic fallen arches		10
b. аLeg
Loss of one leg		65
Amputation at the knee or thigh with good function of prostesis		50
Amputation at the knee or thigh with poor function of prosthesis		55
Loss of crus (shank) with good function of prosthesis		30
Loss of crus with poor function of prosthesis		35
Shortening by less than 3 cm		3
Shortening of at least 3 cm		10
Thigh shrinkage of at least 3 cm		8
(Is not, however, added to the compensation for shortening or reduction of mobility)
Postthrombotic syndrome in one leg		5
Essential deterioration of varicose veins or leg sores		8
Knee stiff in good position		25
Knee with stretch deficiency of up to 5 degrees		3
Knee with bending capacity reduced to 90 degrees or less		10
Knee with hampering looseness		10
Knee with strong friction during movements, with muscle wastage exceeding 2 cm as measured 10 cm above the patella and reduction of mobility		8
Knee with somewhat regular and hampering incarcerations		5
Habitual luxation of kneecap		5
Loss of kneecap		5
Well functioning totally artificial kneecap		15

 

c.а Hip
Hip with stiffness in favorable position		30
Hip with severe insufficiency of hip function		50
Well functioning totally artificial hip joint		10
d.а Paralysis
Total paralysis of nervus fibularis		10
Total paralysis of nervus femoralis		20
Ischiadiscusparesis - with good mobility		10
Ischiadiscusparesis - with poor mobility		30

 

II.а The Head
A.а The Face
Loss of all teeth (double dentures)		5
Loss of outer ear		5
Scalping		5
One-sided paralysis of the facialis nerve		10
Two-sided paralysis of the facialis nerves		15
Loss of sense of smell		10
One-sided paralysis of vocal chords with considerable speech difficulties		10
Paralysis of sensory (trigeminal) nerve to the face		5
B.а The Brain
a.а Demens
Mild demens		15
Mild-medium severe demens		25
Medium severe demens		40
Severe demens		65
Total demens		100
b.а Postcommotional Syndrome		8
C.а The Eye
Loss of one eye		20
Loss of both eyes		100
Loss of sight of one eye		20
Loss of sight of both eyes		100
Loss of sight of one eye with complications (e.g. glaucoma and/or contracted eye)		25
Loss of sight of one eye with possibility of improvement via operation (reserve eye)		18
Double vision		10
Double vision in outermost position		3
Loss of binocular vision (e.g. aphakia with visual power of at least 6/60)		15
Aphakia with good contact glass function		8
Total one-sided ptosis		18
Flood of tears		3
Hemianopsia		40
Rightsided heminaopsia as a result of brain injury		50

Reduction of visual power of one or both eyes is assessed in accordance with the following decimal table or fraction table:

 

Decimal Table

 

S	0.6	0.5	0.4	0.3	0.2	0.1	0
0.6	0	0	5	10	10	15	20
0.5	0	5	5	10	10	15	20
0.4	5	5	10	15	15	20	30
0.3	10	10	15	25	35	45	55
0.2	10	10	15	35	45	60	70
0.1	15	15	20	45	60	75	85
0	20	20	30	55	70	85	100

 

 

Fraction Table

 

S	6/6	6/12	6/18	6/24	6/36	6/60	2/60	0
6/6	0	0	5	8	10	12	15	20
6/12	0	5	10	10	12	15	18	20
6/18	5	10	20	30	35	40	45	50
6/24	8	10	30	35	45	50	55	60
6/36	10	12	35	45	55	65	70	75
6/60	12	15	40	50	65	75	80	85
2/60	15	18	45	55	70	80	95	100
0	20	20	50	60	75	85	100	100

 

Visual power is assessed with the best available glasses.

 

 

D.а Ears
Loss of outer ear, see under II.A. - The Face
Total loss of hearing in one ear		10
Total loss of hearing in both ears		75

Loss of hearing based on speech audiometry:а assessed or calculated binaural loss of hearing in dB with well adjusted hearing aid.

 

Degree of Loss of Hearing	HH: 0	HH: 1	HH: 2	HH: 3	HH: 4	HH:5
CH: 0	0	а5	-	-	-	-
CH: 1	-	а8	15	30	-	-
CH: 2	-	12	20	35	50	-
CH: 3	-	-	30	40	55	65
CH: 4	-	-	-	50	60	70
CH: 5	-	-	-	-	65	75

 

HH = Hearing handicap	CH = Communication handicap
аааааааааааааа 0 - no handicap	3 - considerable handicap
аааааааааааааа 1 - slight handicap	4 - severe handicap
аааааааааааааа 2 - mild to medium handicap	5 - total handicap

 

Normally no compensation is paid solely in respect of use of a hearing aid.

 

Hampering tinnitus and distortion of hearingааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааааа 3

 

III.а Neck and Back
A. Vertebral Column

 

a. Fracture of body of the vertebra without discharge of medulla spinalis or nerves:

 

 

Minor Fracture		5
With minor reduction of mobility
Medium severe fracture
Without reduction of mobility		8
With reduction of mobility		12
Very severe fracture or several medium severe
fractures, possibly with formation of gibbus (hump)
Slight to some reduction of mobility		15
Very severe reduction of mobility		20
If support (neck collar or support corset) is used		5
Pain - local or transmitted to extremities		2

 

b. Fracture with Discharge of Medulla Spinalis or Nerves

 

Assessed in accordance with the above rules with a supplementary degree for the discharge of nerves assessed in accordance with the other rules specified in the table.

 

 

B. Consequences of Slipped Disc		12
C. Other Back Injuries
a. Cervical Column
Some reduction of mobility and/or local pains		8
If a supportive device (neck collar) is used		12
Radiating pains - root irritating		12

 

b. Other Parts of the Vertebral Column
Back pains without reduction of mobility		5
If a supportive device (corset) is used		8
Back pains with some reduction of mobility		12
Back pains with considerable reduction of mobility		25

 

D. Injuries to the Medulla Spinalis
Mild but lasting consequences - without bladder
(possibly defecation) symptoms (objectively
determinable neurological symptoms on a modest scale)		20
Mild but lasting consequences - with bladder (possibly
defecation) symptoms (objectively
determinable neurological symptoms on a modest scale)		25
Other lasting consequences without bladder symptoms as
defined above		30
Other lasting consequences with bladder symptoms as
defined above		35
incontinence - please see Section V.
IV. Heart and Lungs

 

Heart and lung ailments are assessed with regard to the limiting of the functional capacity caused by the ailment, applying the following division into function groups:

 

1. No limitation of physical activity		3
2. Minor limitation of physical activity аSymptoms appear only during strenuous activity	.	20
3. Considerable limitation of physical activity . Symptoms also appear during low levels of activity		45
4. Any form of physical activity produces symptoms, which can also be present during periods of rest		70

 

Steps are taken to support the division into functions by means of objective measurements for lung function, such as the forced exhalation volume in the first second, FEV 1.0.

 

Assuming that the case is one of permanent reduction of FEV 1.0.

 

FEV 1.0 of over 2 litres corresponds roughly to function group 1,

FEV 1.0 of 1.5-2 litres corresponds roughly to function group 2,

FEV 1.0 of about 1 litre corresponds roughly to function group 3, and

FEV 1.0 of about 0.5 litre corresponds roughly to function group 4.

 

V. Abdominal Cavity and Pelvis

 

 

Loss of spleen		5
Loss of one kidney		10
Well functioning transplanted kidney		25
Anus preternatural		10
Minor incontinence (i.e. imperious urination,		10
possibly defecation)
Expulsive incontinence		25
Abdominal hernia, inoperable		20
Loss of both testicles		10
Loss of both ovaries before menopause		10
Loss of both ovaries after menopause		3
Loss of one or both epididymides		3
Urethra stricture, if a bougie must be used		15
Impotence	Not covered

 

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