1. Definition of Terms
In this agreement, the concerned terms are defined as follows
1.1 Point of Hire–refers to the place indication the agreement of employment which shall be the basis for determining commencement and termination of agreement.
1.2 Convenient Port–refers to any port where it is practicable, economical, safe and convenient to repatriate the seafarer.
1.3 Basic Wage–refers to the salary of the seafarer exclusive of overtime, leave pay and other bonuses.
1.4 Departure–refers to the actual departure from the point of hire of the seafarer through air, sea or land travel transport to join his vessel.
1.5 Working Hours–refers to Time during which seafarer’s are required to do work on account of the ship.
1.6 Shipwreck–refers to the damage or destruction of a vessel at sea caused by collision, storm, grounding or any other marine peril at sea or in port rendering the vessel absolutely unavailable or unable to pursue her voyage.
1.7 Compassionate Ground–refers to incidence of death of an immediate member of the seafarer’s family which includes his parents, spouse and children if the seafarer is married or his parents if the seafarer is single.
1.8 “The Ship Owner” means the ship management company” ABC Marine S.De.R.L.”
2.1 Responsibilities of the Ship owner/Master
2.1.1 To faithfully comply with the stipulated terms and conditions of this agreement, particularly the prompt payment of wages, remittance of allotment and the expeditious settlement of valid claims of the seafarer.
2.1.2 To extend coverage to the seafarer under the Social Security System of his living country through local crew manning agency.
2.1.3 To make operational on board the vessel the grievance machinery provided in this agreement and ensure its free access at all times by the seafarer.
2.1.4 To provide a seaworthy vessel for the seafarer and take all reasonable precautions to prevent accident and injury to crew including provision of safety equipment, fire prevention, safe and proper navigation of the vessel and such other precautions necessary to avoid accident, injury or sickness to seafarer.
2.1.5 To provide a workplace conducive for the promotion and protection of the health of the seafarers in accordance with the standards and guidelines in Title 4 of the ILO Maritime labour Convention, 2006
2.2 Responsibilities of the Seafarer
2.2.1 To faithfully comply with and observe the terms and conditions of this agreement
2.2.2 To be obedient to the lawful commands of the Master or any person who shall lawfully succeed him and to comply with company policy including safety policy and procedures and any instructions given in connection therewith.
2.2.3 To abide by the duty in flag state relevant regulations and the Code of Ethics for Seafarer. A copy of which attached.
2.2.4 To be diligent in his duties relating to the vessel and cargo, whether on board, in boats or shore
2.2.5 To conduct himself in an orderly and respectful manner towards terminal operator, port authorities and other persons on official business with the ship.
3. COMMENCEMENT/DURATION OF AGREEMENT
3.1 The employment agreement between the ship owner and the seafarer shall commence: i. upon actual departure of the seafarer from the airport or seaport in the point of hire if vessel outside of China; or ii. actual date of arrival port and join shipif vessel in China. It shall be effective until the seafarer’s date of arrival at the point of hire upon termination of his employment pursuant to Provision 16of this Agreement.
3.2 The period of employment shall be for a period mutually agreed upon by the seafarer and the employer but not to exceed 12 months.
4. FREE PASSAGE FROM THE POINT OF HIRE TO THE PORT OF EMBARKATION
The seafarer shall join the vessel or be available for duty at the date time specified by the ship owner. The seafarer shall travel by air or as otherwise directed at the expense of the ship owner.
5. BAGGAGE ALLOWANCE
The seafarer traveling by air to join a vessel or on repatriation shall be entitled to transport of the seafarer’s personnel effects free of charge up to the amount allowed 23KG. The cost of the excess baggage shall be for account of the seafarer
6. HYGIENE AND VACCINATION
6.1 The seafarer shall keep his quarters and other living spaces-such as mess rooms, toilets, bathrooms, alleyways and recreation rooms in clean and tidy condition to the satisfaction of the master. The work is to be performed outside the seafarer’s regular working hours and for which no overtime pay shall be claimed.
6.2 The seafarer shall submit to the order of the master or to the laws of any country within the territorial jurisdiction of which the vessel may enter to have such vaccination or inoculation or to undertake measures safeguarding his health and of the whole crew.
7. WAGES PAYMENT
7.1 The seafarer shall be paid his monthly wages from the date of commencement of the agreement including bank transfer or home allotments until the date of arrival at point of hire upon termination of his employment pursuant to Provision 16 of this Agreement.
7.2 The monthly payment of wage for seafarer including basic wage,fixed overtime payment, leave pay, other allowance (if any), and subsistence (for officer only). In normal condition, it shall be calculated monthly, which is not one whole month shall be calculated as actual days basic 30 days per month.
8. HOURS OF WORK AND REST
8.1 The normal working hours shall be 44 (forty-four) per week and in compliance with the Standards of Training Certification and Watch-keeping Convention (STCW) revision 2010 and MLC2006. The normal hours of work shall be 8 (eight) hours per day from Monday to Friday, and 4 (four) hours on Saturday.
8.2 For those who are on sea watch, their working hours shall be eight (8) hours per day. Staggering of workinghours will be at the master’s discretion.
8.3. The seafarer shall be allowed reasonable rest period in accordance with international standards
9. OVERTIME AND HOLIDAYS
9.1 Any hours of duty in excess of the 8 (eight) from Monday to Friday and the 4 (four) on Saturday, and any hours of duty on Sunday or a holiday as specified in Annex I ,shall be paid for by overtime.
9.2 Overtime work may be compensated at the following rates:
9.2.1 Overtime payment-not less than 125 percent (125%) of the hourly basic wage.
9.2.2At least forty-nine(49) hours guaranteed overtime shall be paid monthly.
9.3Overtime 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 month or at shorter intervals.
9.4 Emergency duty-No overtime work shall be considered for any work performed in case of emergencyaffecting the safety of the vessel, crew or cargo, or which the master shall be the sole judge, or for fire, boat, or emergency drill or work required to give assistance to other vessels or persons in immediate peril.
9.5 For the purpose of this agreement the days listed in annex I shall be considered as holiday totally twelve days at sea or at port. If a holiday falls on Saturday or Sunday, the following working day shall be observed as a holiday.
10 ANNUAL LEAVE PAY
The seafarer’s MONTHLY leave pay shall be paid according to the position of each of the crews on board the ship?It varies from crew to crew.
11 SOCIAL PROTECTION-NIL
12 VICTUALLING, VESSEL STORES AND PROVISIONS
12.1 The seafarer shall be provided by the master/ship owner with subsistence consistence with good maritime standards Practices while on board the vessel.
12.2 All stores and provisions issued to the seafarer are only for use and consumption on board the vessel and any unused or unconsumed stores or provisions shall remain the property of the ship owner. The seafarer shall not take ashore, sell, destroy or give away such stores and provisions. Seafarer should not allow to ask for sharing of any balance of the food allowance. Any deficit arising from in-proper management or other administrative factors shall be made good by a the master and all staff on board and can not be reimbursed by the Ship owner.
13 TRANSFER CLAUSE:NIL
14 GRIEVANCE MACHINERY
14.1 If the seafarer considers himself aggrieved, he shall make his complaint in accordance with the On Board Complaints Procedures as attached and in summary the following
14.1.1 The seafarer shall first approach the head of the Department in which he is assigned to explain his grievance.
22.214.171.124 In the Deck and Catering Department, the head is the Chief mate.
126.96.36.199 In the Engine Department, the head is Chief Engineer.
14.1.2 The seafarer shall make his grievance in writing and in an orderly manner and shall choose a time when his complaint or grievance can be properly heard.
14.1.3 The Department head shall deal with the complaint or grievance and where solution is not possible at his level, refer the complaint or grievance to the Master who shall handle the case personally.
14.1.4 If no satisfactory result is achieved, the seafarer concerned may appeal to the management of the company. The master shall afford such facilities necessary to enable the seafarer to transmit his appeal.
14.1.5 The grievance procedure and all actions or decisions agreed upon shall be properly documented for the protection and interest of both parties.
14.1.6 The foregoing procedures shall be without prejudice to other modes of voluntary settlement of disputes and to the jurisdiction of relevant Law over any unresolved complaints arising out of shipboard employment that shall be brought before it by the seafarer.
15 DISCIPLINARY OFFENCES HANDLING
15.1 It is a disciplinary offence on board a ship for a seafarer-
a. involvement in fighting, gambling, intimidation, smuggling, negligence in duty, disobedience to superiors’ lawful orders; damaging shipboard property, embezzlement of company funds;
c. violation laws of local port;
d. Other breaches of principles or misbehavior
15.2The ship owner may terminate the employment of a seafarer due to above disciplinary offences which
gives rise to a lawful entitlement to dismissal, provided that the ship owner shall, where possible, prior to dismissal, give written notice to the seafarer specifying the disciplinary offences which has been the cause of the dismissal.
15.3 The ship owner shall be entitled to recover from the seafarer of the costs involved with repatriating the seafarer together with such costs incurred by the ship owner as are directly attributable, in accordance with the laws of the Flag State.
15.4Where possible and provided the safety of the ship and crew permit the Master or his authorized representative shall conduct the investigation or hearing, giving the seafarer the opportunity to explain or defend himself against the charges. The procedures must be duly documented and entered into the ship’s logbook.
15.5 Dismissal for just cause may be effected by the Master without furnishing the seafarer with a notice of dismissal if there is a clear and existing danger to the safety of the crew or the vessel. The Master shall send a complete report to the manning agency substantiated by witnesses, testimonies and arty other documents in support thereof
16. TERMINATION OF EMPLOYMENT
16.1. The employment of the seafarer shall cease when the seafarer completes his period of contractual service aboard the vessel, signs-off from the vessel
16.2 The employment of the seafarer is also terminated when the seafarer arrives at the point of hire for any of the following reasons:
a. When the seafarer fails to do his duties or is incompetent at his job, shipowner has written notice to specify his incompetent performance.
b. When the seafarer signs-off and is disembarked for medical reasons pursuant to Section, 18.2.4 of this Contract
c.When the seafarer signs-off due to shipwreck, ship’s scale, lay-up of vessel, discontinuance of voyage orchange of vessel principal, in accordance with of this Contract
d. When the seafarer, in writing, voluntarily resigns and signs off prior to expiration of contract by giving at least 1 month notice.
e. When the seafarer is discharged for just cause as provided for in Section 15 ofthis Contract.
16.3 When the seafarer violates the regulation of Port State and has been legally arrested, his employment is terminated once he is arrested.
17.1 Seafarer should be repatriated to the point of hire of the seafarer.
17.2 If the vessel is outside of China upon the expiration of the agreement, the seafarer shall continue his service on board until the vessel’s arrival at a convenient port/or after arrival of the replacement crew provided that.
17.3 If the vessel arrives at a convenient port before the expiration of the agreement, the master/ship owner may repatriate the seafarer from such port, provided the un-served portion of this within mutual agreed option range, The seafarer shall be entitled only to his earned wages and earned leave pay.
17.4 When the seafarer is discharged for any just cause, the ship owner shall have the right to recover the costs of his replacement and repatriation from the seafarer’s wages and other earnings.
17.5 When the seafarer is repatriated to the point of hire by Port State after legally arrested, the ship owner shall have the right to recover the costs of his replacement and repatriation from the seafarer’s wages and other earnings.
17.6 The seafarer, when discharged and repatriated as directed by the ship owner/master/agency shall be entitled to basic wages from date of signing off until arrival at the point of hire except the discharge is in accordance with the above or for disciplinary reasons.
17.7 If the seafarer delays or desires a detour and/or another destination other than the most direct to the point of hire, all aIDitional expense shall be to the seafarer’s account, The seafarer’s basic wage shall be calculated based on the date of arrival by the most direct route.
17.8 If a seafarer who requests for early termination of his agreement in reason, he shall be fully liable for his repatriation cost as well as the transportation cost of his replacement. If the seafarer is fired in accordance with provision 15.1 upto and including 15.5 of this agreement, he shall be fully responsible for his repatriation cost as well as the transportation cost of his replacement.
18. COMPENSATION AND BENEFITS
18.1..COMPENSATION AND BENEFITS FORDEATH
18.1.1.In case of work-related death of the seafarer, during the term of his agreement, the ship owner shall pay this beneficiaries as per People’s Republic of China laws form. .
188.8.131.52 The ship owner shall transport the remains and personal effects of the seafarer to be the China at ship owner’s expense except if the death in a port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master’s best judgment. In all case, the ship owner/master shall communicate with the manning agency to advise for disposition of seafarer’s remains.
18.2.COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
The liabilities of the ship owner when the seafarer suffers work-related injury or illness during the term of his agreement are as follows:
18.2.1.The ship owner shall continue to pay the seafarer his wages during the time he is on board vessel.
18.2.2 If the injury or illness requires medical and/or dental treatment in a foreign port, the ship owner shall be liable for the full cost of such medical, serious dental, surgical and hospital treatment as well as board and lodging until the seafarer is declared fit to work or to be repatriated.
However, if after repatriation, the seafarer will requires medical attention arising from said injury or illness, he shall be so provided at cost at cost to the ship owner until such time he is declared fit or the degree of his disability has been established by the company-designated physician/hospital.
18.2.3 Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by a company-designated physician/hospital but in no case shall this exceed ninety (90) days. For this purpose, the seafarer shall submit himself t a post-employment medical examination by a company-designated physician/hospital in time upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits.
18.2.4Upon sign-off the seafarer from the vessel for medical treatment, the ship owner shall bear the full cost of repatriation in the event the seafarer is declared (1) fit for repatriation; or(2) fit to work but the ship owner is unable to find employment for the seafarer on board his former vessel or the ship owner despite earnest efforts.
18.2.5 In case of permanent total or partial disability of the seafarer caused by either work related injury or illness the seafarer shall be compensated in accordance with the People’s Republic of China laws.
18.3 No compensation and benefits shall be payable in respect of any injury, incapacity or death of the seafarer resulting from his willful or criminal act or intentional breach, of his duties and pre existing illness , provided however, that the ship owner can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.
18.4 A seafarer who knowingly conceals and does not disclose past medical and or phychiatric condition, disability and history in the pre-employment medical examination constitutes fraudulent misrepresentation and shall disqualify him from any compensation and benefits. This will be a valid ground for termination of employment and imposition of the appropriate administrative and legal sanctions.
18.5 When requested, the principal shall be furnish the seafarer a copy all pertinent medical reports or any records at no cost to the seafarer.
18.6 The seafarer or his successor in interest acknowledges that payment for injury, illness, incapacity or death of the seafarer under this agreement shall cover all claims arising from or in relation with or in the course of the seafarer’s employment, including but not limited to damage arising from the agreement, tort, fault or negligence under the laws of the People’s Republic of China or any other country.
19. TRADING AREA
19.1 Seafarer acknowledges that the vessel may trade worldwide at ship owner sole discretion.
20. LOSS OF OR DAMAGE TO CREW’S EFFECTS BY MARINE RERIL
20.1 The seafarer shall be reimbursed by the ship owner the full amount of loss or damage to his personal effects but in no case shall be amount exceed to the amount of One Thousand US dollars (US$1000) if his personal effects are lost or damaged as a result of the wreck or loss or stranding or abandonment of the vessel or as a result of fire, flooding, collision or piracy.
20.2 In case of partial loss, the amount shall be determined by mutual agreement of both parties but in no case to exceed to the amount of One Thousand US dollars (US$1000)
20.3 Reimbursement for loss or damage to the seafarer’s personal effects shall not apply if such loss or damage is due to (a) the seafarer’s own fault, (b) larceny or theft or (c) robbery
21. DISPUTE SETTLEMENT PROCEDURES
In case of claims and disputes arising from his employment, the parties covered by agreement shall submit the claim or dispute to the exclusive jurisdiction of the voluntary arbitrator in China Maritime Arbitrator Commission.
22. PRESCRIPTION OF ACTION
All claims arising from this agreement shall be made within (1) years from the date the cause of action arises,otherwise the same shall be barred.
23. APPLICABLE LAW
Any unresolved dispute, claim or grievance arising out of or in connection with this contract including the annexes thereof, shall be governed by the laws of China
24. ORIGINAL COPIES OF AGREEMENT
This agreement shall be made out and signed in duplicate, one for seafarer, one for ship owner.
25. DURATION OF EXAMINATION AND SEEKING ADVICE
All terms and conditions of this agreement had been read carefully and reached sufficient understanding by parties when it was signed and entered into force.