
TERMS OF EMPLOYMENT
Your monthly onboard income will be settled to personal bank account as provided. Monthly wages to be paid after end of every month, wages payment will be paid either cash on board or by bank transfer by the ship owner / Managers.
If the seafarer requested the payment of his wages to be by the mean of bank transfer, he must provide bank account details in application form, any expenses resulting from improper declaration in such form, shall be the employee (seafarer) responsibility. Bank charges and the rate of exchange shall be at the prevailing market rate or the official published rate on the employee expense.
All seafarers will be allowed to draw cash advances up to the amount of their earnings standing against their name, At no time his accounts will run in to negative balance. As far as possible the company will endeavor to make advances available in U.S. Dollars.
As far as possible, the company will pay your balance of wages on your signing off the vessel. However, in the event of currency restrictions prevailing in that port, the employer will pay you in local currency if required so. If, in exceptional circumstances, funds are not available on board or with agents, the employer will settle your Balance of Wages within a month by remitting same into your nominated bank account provided by you to the Master.
Increment is calculated basis completion of 12 months on board. Deductions from the Seafarer’s wages shall be permitted only if they are provided in any applicable collective agreement (CBA) or as per National Laws of Flag State. No deduction shall be made from a seafarer's remuneration in respect of obtaining or retaining employment. The cost of any visa, medical examination, and certificates of competency required for the employment shall be borne by the Shipowner.
You will be responsible for all personal taxation whether of an income or capital nature, which may be from time to time levied upon him by his resident country of origin. In the event that the company pays such taxes on his behalf he agrees to indemnify the company against all such payments it may make in respect thereof. It will be his own responsibility to ensure if required by any Government or recognized authority of his resident country to remit any portion of his earnings to the State/Authority in question.
During your first contract with the employer, the first tour of duty will be considered as probation period. In case seafarer is promoted on board during his contract, the first three (3) months after the promotion will be the probation period. During probation period company can terminate the above officer/crew if found to be incompetent, irresponsible, dishonest, un co-operative, medically, physically, or mentally unfit, improper conduct and violating company, maritime, flag or country regulations.
The Employee will be required to perform the duties of the position in which he is engaged and any other duties he may be asked to carry out from time to time as directed by the superior without derogating from the aforesaid, the normal working time will be as per MLC 2006 guidelines.
For the purposes of calculating overtime, normal working hours while in port and at sea shall be eight (8) hours per day. Work performed over and above normal working hours or on holidays, shall be considered overtime and be compensated for at fixed overtime allowances as per flag state laws.
The normal hours of work shall be 8 hours per day, 40 hours per week. Hours worked in excess of normal hours shall be considered overtime. The Seafarer shall have at least 10 hours of rest in any 24-hour period and 77 hours in any seven-day period. Records of daily hours of rest shall be maintained by the Master and signed by the Seafarer.
During overriding operational conditions of a nonemergency nature, the minimum period of 10 hours of rest may be split into 3 periods, one of which shall be not less than six (6) consecutive hours and neither of the remaining two periods shall be less than 1 hour. Any such reduction shall not extend beyond two (2) consecutive days and result in not less than 70 hours of rest in each seven (7) day period. This exception from the weekly hours of rest shall not be allowed for more than two (2) consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the exception.
The requirements for rest periods need not be maintained in the case of emergency or other overriding operational conditions but in such cases you shall have adequate compensatory rest period thereafter.
Emergency drills will be conducted in such a manner that minimizes the disturbance of rest periods and which does not induce fatigue in you.
A short break of less than 30 minutes will not be considered a period of rest.
The Shipowner shall provide the Seafarer with accommodation, food and drinking water of appropriate quality and quantity, free of charge, taking into account the Seafarer's religious requirements and cultural practices. Standards shall meet or exceed MLC 2006 requirements.
Prior to engagement by the company, you shall undergo a medical examination carried out by a doctor appointed either by the company or their liaison office/manning agents.
At the time of your medical examination, you shall provide the doctor with true and complete information pertinent to your current medical condition and past medical history giving details of ailments, if any, you had suffered.
You warrant that you will disclose or will disclose to the doctor, at the time of medical examination, true and complete information about and relevant to your past and present health status. Any continuing medication needed and surgical operation undergone must be disclosed also. If you are subsequently found to have failed to disclose the true status of health, you will be liable for all costs and expenses incurred by the employer as a Consequence thereof.
Knowingly concealing a pre-existing illness or condition in the pre-employment medical examination shall constitute misrepresentation and you shall be disqualified from any compensation and benefits. This is likewise a cause for termination of employment and imposition of administrative sanctions by the company. You shall carry the current medical fitness certificate issued by the doctor and present it to the master upon joining the vessel.
Crewmembers proven to be medically unfit for seagoing duties will not be permitted to join the company’s vessel(s).
Seafarers will be provided with any medical care on board should that become necessary, free of charge, including access to necessary medicines, medical equipment and facilities for diagnosis and treatment and medical information and expertise. Where practicable and appropriate, they will be given leave to visit a qualified medical doctor or dentist in ports of call for the purpose of obtaining treatment. Cosmetic dental work will not be paid by the employer. Spectacles are to be on the seafarer’s own account.
The employer will pay all medical expenses from the date of commencement of the contract till the tune of your repatriation to your home town, for any sickness contracted or injury received whilst upon the employer’s business, provided it was not self-inflicted or due to your own fault or negligence.
If a seafarer becomes sick or are injured and remains on board the vessel, the seafarer will be paid his/her normal basic remuneration until the seafarer has been repatriated in accordance with the repatriation provisions set out below.
When any crew is signed off and landed at any port because of sickness (that has the approval of the doctor is not able to continue working on the ship anymore) or injury which be effected due to his working according with practical situation, his basic wage shall continue until he has been repatriated at Company’s expenses or arrived at his home or original place of engagement, whichever place is more convenient for the crew and shall thereafter, on submission of satisfactory medical certificate for a maximum period of three months. When sign off, the crew shall be entitled to get “on board payment” before he get off the vessel.
Crew who sign off owing to work-related injury or sickness (that has the approval of the doctor is not able to continue working on the ship anymore) shall be entitled to medical attention (including hospitalisation) at Company’s expenses for as long as on submission of satisfactory medical certificate for a maximum period of three months.
All sickness payments shall be subject to the following condition:
a)The total amount of wages paid during the period of incapacity must taken into account due in lump sum settlement where the sickness or death is due to an accident arising out of and/or in the course of the crew’s employment (except in the case of settlements effected under clause for Disability Compensation).
b)The crew shall comply with the instruction of Company or Company’s agent at the port at which he is landed subject to medical approval;
c)The crew shall report his arrival at his home or original place of engagement whichever is appropriate to Company or Company’s agent as soon as possible after his repatriation.
d)In the absence of any other instruction, it shall be assumed that the crew desires his allotment to continue at the agreed rate up to date on which his wages finally cease.
In the event of a seafarer’s death occurring on board or ashore during a voyage, the amount of direct compensation for loss of life shall be in accordance with Applicable CBA agreement or USD104,866/-. The ship owner shall bear the costs of direct compensation for loss of life except for causes specified in the flag state law and regulations. The compensation hereunder shall be paid to a seafarer’s designated beneficiary or beneficiaries, or in the absence of such designated beneficiary or beneficiaries, to the seafarer’s estate or to their personal legal representative. The ship owner to repatriate the seafarers so employed if stranded at and place as well as to look after his reasonable maintenance and to transport the mortal remains of the seafarer, as permissible under local laws, in case of death.
In the event, the employee becomes disabled as a result of illness or injury suffered in the course of employment, then he shall be compensated in accordance with applicable CBA agreement. The extent of disability shall be determined by a doctor acceptable to the flag administration.
| Degree of Disability | Rate of compensation (USD) | ||
| % | Ratings | Junior Officers | Senior Officers (4) |
| 100 | 30,091 | 65,045 | 100,000 |
| 75 | 22,568 | 48,783 | 75,000 |
| 60 | 18,054 | 39,027 | 60,000 |
| 50 | 15,045 | 35,522 | 50,000 |
| 40 | 12,036 | 26,018 | 40,000 |
| 30 | 9,027 | 19,513 | 30,000 |
| 20 | 6,018 | 13,009 | 20,000 |
| 10 | 3,009 | 6,054 | 10,000 |
Note: “Senior Officers” for the purpose of this clause means Master, Chief Officer, Chief Engineer and 2nd Engineer. ALL ABOVE MENTIONED IN RATE OF COMPENSATION IS IN USD.
Death and disability award shall also be settled as per the terms of the governing CBA of the vessel based on IBF if applicable. In no case, the death compensation will be less than 104,866 USD
Sick, disability or loss of life is not applicable in case of intentional doing by the seaman or being ill or injured by his own misconduct and the crew on board must keep the history of illness in their medical examination record. Otherwise, any expenses and consequences arising of their historical chronic illness are to be for the agent or the crew’s account and responsibilities.
In case of loss or damage to personal effects, as a result of wreck or loss due to stranding or abandonment of the vessel, or as a result of fire, flooding or collision, payment of compensation shall be entitled to recover from Company compensation up to a maximum of US$ 2,000. The crew shall certify that any information provided with regard to lost property is true to the best of his knowledge.
Seafarers are entitled to repatriation, at no expense on seafarers account, to the port at which they were engaged, port where the voyage commenced, port of the seafarer’s own country, or to such other port as may be agreed upon under the following conditions: When the period of employment is terminated by reason of completion of the voyage for which they were engaged; Upon the termination of the seafarer employment agreement by the seafarer for justified reasons; Upon termination of the seafarer employment agreement by the shipowner; Due to the seafarer no longer being able to carry out his/her duties under the seafarer employment agreement or where the seafarer cannot be expected to carry them out in the specific circumstances; Upon the expiration of the contract period of employment.
A seafarer may not be entitled to repatriation at the expense of the shipowner in circumstances where they have been dismissed on disciplinary grounds or have breached their obligations under his/her seafarer employment agreement.
The terms and conditions of insurance cover, as applicable during the service on board a vessel would apply from time of the seafarer’s departure from his Nearest International Airport to join the vessel and up to his return to Nearest International Airport. His cover is subject to conditions applicable under his insurance and repatriation clause of the agreement.
All Air travel will be by Economy Class only. The baggage allowance as maximum allowable by Air line guidelines per passenger within the limits as per MLC 2006 regulation. All expenses for Travel from to/from hometown nearest international airport shall be on Employer account.
Seafarer will be required to carry all his documents in original which is considered necessary for service onboard the vessel to which he is being assigned. Any expenses that the employer may incur due to the officer not having complied with the above will be chargeable to the officer. Without limiting the extent, such documents will mean to include
1.Passport with validity of not less than 6 months having at least 2 blank pages for any required visa.
2.International vaccination certificate in respect of Yellow Fever and other specific requirement.
3.Certificate of Competency.
4.Certificate of courses which are mandatory as per STCW’ 2010.
5.Certificate of any additional training, which the seafarer may have attended.
Crew employment contract will be immediately stand terminated upon discovery of fake or fraudulent, tempered, document submitted by crew for obtaining employment, and all the cost including visa, ticket cost, will be recovered from the crew.
During the tenure of this contract the employer have the right to transfer the employee to other vessel or vessels under the same management provided that this agreement will continue to be in force in the new ship without any revisions. All travelling expenses for such transfer will be for the account of the employer. In case the employee disagrees without any legitimate reason or proper justification, the agreement is automatically terminated at his own risk and the employee agrees to pay his own repatriation cost including air fares and agent’s fees and expenses and substitute joining expenses.
Employment may be terminated in the following circumstances: by mutual consent; by misconduct as prescribed in the flag state law; by seafarer’s need to terminate the agreement without notice on grounds of injury, illness, compassionate or other urgent reasons, without any penalty and expense on seafarer’s account; if in the opinion of the Master the seafarer’s continued employment would be likely to endanger the vessel or any person onboard; or by appropriate notice in accordance with flag state laws.
Company reserves the right to discharge any of the crew in one of the following cases: a)The crew who are trouble making; over drunk; smuggling, gambling drug narcotic and in-subordination. b)The crew who are sentenced for criminal offence by any applicable law whilst on board service. c)The crew who are considered remarkably unsuitable for his duty after first three (03) months serving onboard vessel evaluated by Master, C/E or Company. d)The crew who does not obey official instructions of Company. e)The crew who disembarks the vessel in his contractual period without any consent/permission of Company/Master. f)The Crew who are prohibited to enter on land on foreign countries by their law and/or regulations. g)The crew who deserts the vessel. h)The crew who is dismissed under decision of disciplinary committee consisted of Master, Chief Engineer, Chief Officer, First Engineer, and other necessary rank(s) appointed by the Master.
Seafarers attention is drawn to the Manager’s policy on Health, Safety and Environmental protection policy to five priority to occupational health, ensure safety at sea, prevention of human injury or loss of life, prevention of pollution, avoidance of damage to the marine environment, preservation/ conservation of our environment and continual improvement in health, safety and environmental performance.
If, due to circumstances involving no fault of seafarer it becomes necessary to terminate employment within the period of your service; the employer will give 1 month notice in writing or 1-month basic wages in you thereof, on pro-rata for the actual period of service and free repatriation to the place of your engagement. Seafarers may terminate the employment by giving at least one month of notice period to ship owner.
A seafarer may resign from our services at any time before the expiry of his contract after giving 2 months’ notice in writing, in which case he will be entitled to leave pay pro-rata and is to be responsible for self-pay for his repatriation expenses. In the event of his leaving the employer’s service on less than 2 months’ notice, he is entitled to leave pay pro-rata but he will be responsible for his repatriation and relief expenses and the employer reserves the right to recover from him all costs and/or losses incurred, which would not have arisen had he fulfilled his contract period.
Employer reserves the rights to terminate the service of the Person without prior notice due to any of the following reasons and repatriate him back to the port of engagement at his own expenses including all cost or all losses whatsoever incurred: a.Gross negligence in performance of his duties, unwillingness of work or stoppage of work. b.Drunkenness, usage of drugs. c.Serious Misconduct or Disobedience, failure to follow instructions of superiors, causing trouble. d.Insobriety either ashore or on board. e.Being found in possession of dangerous weapons or involved in Smuggling or drug trafficking. If you are discharged due to your misconduct, negligence or incompetence with in this period or during your probationary period as in you will receive wages only up to and including the day of termination of your services but you will be responsible for you repatriation and relief expenses and for all cause costs and/ or losses incur which would not have arisen, had you not been discharged.
If you are discharged due to your misconduct, negligence or incompetence with in this period or during your probationary period as in you will receive wages only up to and including the day of termination of your services but you will be responsible for you repatriation and relief expenses and for all cause costs and/ or losses incur which would not have arisen, had you not been discharged.
Either party can give a one month notice of its intention to continue the contract subject to the acceptance of the company.
The Employee shall not be obliged to enter into a War Zone as declared by the Flag State of the Vessel or by the relevant authority and for as long as an additional insurance premium applies for the area. If the Employee agrees to continue to serve on the Vessel in a declared War Zone, as per N1 above, he shall be entitled to receive a bonus of not less than 1/30 of his/her monthly basic wage for each day the Vessel stays in the War Zone, unless otherwise provided for by the governing CBA. In the event that an Employee refuses to sail into a war zone, the Employer shall arrange and pay for the Employee’s repatriation to his/her declared and approved place of engagement at the earliest convenience. Refusal to sail into a war zone will not affect the Employee’s future employment/promotion prospects with the Employer.
In the event the employee is held captive on or off the Vessel during their Tour of Duty as a result of acts of piracy or armed robbery against the Vessel, the employee’s Employment Agreement shall continue to have affect regardless of whether the date fixed for its expire has passed or either party has given notice to suspend or terminate it.
For the purpose of this paragraph, the term: a)a piracy shall have the same meaning as the United Nations Convention on the Law of Sea, 1982; b)armed robbery against ships means any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on onboard such a ship, within a State’s Internal waters, archipelagic waters and territorial sea, or any act of inciting or of intentionally facilitating an act described above.
Any seafarer on board shall have the right to lodge a complaint (i.e., a labor grievance) and to have that complaint investigated, provided it is specific in nature and is alleged to constitute a breach of seafarers’ rights under the Maritime Labour Convention, 2006 (MLC, 2006).
Complaint procedures are outlined in the flag state maritime notice, and provide guidance on the flag state Maritime Administrator’s policy regarding a seafarer’s right to lodge a complaint under the MLC, 2006. This Notice shall be made available to the seafarer upon request, before signing an agreement. A copy of the Marine Notice will also be provided when the seafarer joins the ship.
The seafarer employment agreement, and any amendments, together with references and annexes, should constitute the entire seafarer employment agreement among the parties and should supersede all previous agreements between the Shipowner and the seafarer. Any amendments and modifications to the seafarer employment agreement, the references and annexes should become effective only after consultation and should be made by written agreement between the Shipowner and the seafarer and appended to the seafarer employment agreement.
Should any term or provision of the seafarer employment agreement or the application thereof to any person or circumstance, to any extent, be invalid or unenforceable, the remainder of the seafarer employment agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, should not be affected thereby and should continue in full force and effect.
The company agrees that any dispute arising out of this agreement can and should be resolved through friendly negotiations. If no solution is found, the same may be brought for judicial resolution at Mumbai per Indian Law.
By signing this contract, you bind yourself to sign the appropriate articles of the ship to which you may be appointed and agree that all claims arising from this contract are subject to prevailing marine rules / regulations.