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STANDARD CONTRACT OF
EMPLOYMENT ITF STANDARD COLLECTIVE AGREEMENT
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Контракт и соглашение на английском языке, поиск
работы морякам в крюинговых компаниях. 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 ” |