You are on page 1of 6

EMPLOYMENT CONTRACT

This contract is made between the “ Shipping Co., Ltd. “ herein after called the
Employer/Company, and “ _____________ “ herein after called the Employee/Seaman.

Vessel Name: Type: DWT: Flag:

Employee’s Particulars:
Name: Rank: Nationality:
Date of Birth: Seaman Book: Passport:

TERMS AND WORKING CONDITION:

A. SERVICE

1. DURATION: The period of employment with the Company will be ( 12 ) months from the
date of signing on onboard the vessel at the original port of engagement, or date of
departure from the original port of engagement, if joining elsewhere. On expiry of ( 12 )
months duration if the vessel has not arrived at any of the ports of normal repatriation
which are convenient to the Company, this agreement will be automatically extended for
maximum further period of ( 2 ) months, without any additional remuneration. If the
Company is unable to repatriate the Seaman for any reason whatsoever ( 2 ) months after
expiry of the agreement, the Seaman will be entitled to additional extension allowance with
effect from date of expiry to the date of repatriation. The Company may, at its direction,
repatriate any Seaman within ( 1 ) month before date of expiry of agreement, if
convenient.
2. EXTENSION: This agreement may be extended by mutual agreement for the further
periods at the discretion of the Company and written application by the Seaman, not later
than one month before expiry.
3. TRADING LIMITS: The Seaman will be employed onboard the vessels lawfully trading
within limits and ports prescribed by ship, Articles of Agreement.
4. NOTICE OF TERMINATION : The Company shall be at liberty to terminate this agreement
with any Seaman by giving two weeks notice of termination in writing or by cable or paying
( 30 ) days wages in advance to terminate within ( 24 ) hours without given any reason and
will be responsible for repatriation of the Seaman. The Seaman will also give two weeks
written notice of termination subject to approval and confirmation of Company or refund
( 30 ) days wages in lieu, in which case he shall be responsible for his own repatriation and
transportation cost.
5. COMPENSATION: If and when the vessel has been lost, wrecked, sold of the voyage
otherwise frustrated, which may necessitate termination of the agreement, the Seaman will
be entitled to compensation as stated below unless the Company can offer continuation of
employment on another vessel until expiry of the agreement in the same rank and capacity,
in which case no compensation shall be payable. Should seaman refuse such continuation of
employment, he will not be entitled o any compensation. But if due to lack of time, the
Company requires to repatriated the Seaman to the port of origin before rejoining the
vessel of transfer the Company will pay 50% of the basic wages from the date of
repatriation till the rejoining the vessel and if the Company fails to re-employ at the end of
two months of waiting the Seaman shall be entitled to the compensation accordingly.

Compensation for services on onboard.

( a ) Up to ( 6 ) months service - ( 1 ) months basic wages.


(b If more than ( 6 ) months - ( 1/2 ) month basic wages.
) Up to ( 12 ) months service
( c ) For extended service after - ( - ) month basic wages.
Initial ( 12 ) months service

1
6. LOSS OF EFFECTS OR DAMAGE BY MARINE PERIL : The scale of maximum
compensation as may be current and agreed shall apply in every case where a Seaman
suffers total or partial loss or damaged to his personal effects, as a result of the wreck loss
stranding or abandonment of the vessel on which he was engaged or as a result of fire
flooding or collision there on excluding loss or damage occasioned ( 1 ) by the claimant’s
own fault and (2) by misappropriation larceny or theft and will entitle the Seaman to
recover from the Company compensation to the value of the loss or damaged or in
accordance with the scale annexed here to payment for compensation for loss of effects is
conditional on production of a certificate sign by the Master or his deputy that the loss was
not occasioned under clauses ( 1 ) and ( 2 ) above. In the event of a Seaman losing his life
at the time, compensation for loss of effects will be paid to his widow or child or other
person entitled to his personality. The compensation for loss of personal effects of such
deceased Seaman will be two months pay as payable by the Company.

B. WAGES, REMUNERATION & WORKING HOURS

1. WAGES & REMUNERATION : The wages and remuneration for officers and ratings who have
entered into this agreement shall be as mentioned against their names in the agreement and
stated herein and it, has been clearly understood that they shall not be entitled to any other
payment or compensation whatsoever, except as stated in this agreement.

2. WORKING HOURS: Working hours will be, in total, ( 44 ) forty four hours per week, which
may be regulated as far as practicable as follows:

( a ) DAYMEN : Mondays to Fridays Eight hours daily.


Saturdays Four hours daily.
( b ) WATCHKEEPERS Eight hours daily, total watch keeping and
: to be compensated with overtime payment in excess of
(44) hours.
( c ) CATERING Tea hours total normal work daily and to
STAFF : be compensated with overtime payment in excess of
(44) hours.

3. OVERTIME:

a. All ratings will be entitled to overtime payment at the rates prescribed against their names in
this agreement.

b. Record of overtime work will be maintained by each head of department on board from daily
information provided by Deck Bosun, Fitter or Engine Room Bosun and Chief Steward respectively
and agree mutually.

c. No allowance will be granted for overtime work perform in emergency affecting safety of the
vessel, passengers, crew or cargo of which the Master shall be the sole judge or for exercising fire
boat and emergency drill or for general cleaning of quarters.

d. Overtime payment will be credited to Seaman’s wages in the portage bill at the end of each
month and cash payment will not be made in advance.

e. As compensation for overtime work performed by Officers have been incorporated in leave pay,
Officers are not entitled to any separate overtime payment but are required to perform overtime
work if and when required.

2
PUBLIC HOLIDAYS : Public holidays which are applicable to Myanmar shall be in accordance with
Annexure ( A ) in order to maintain essential services or attend to break downs whether at sea or
import during such days, Seaman may be required to perform essential work required by the
Master or Chief Engineer for which ratings will be compensated by overtime payment.

FULL WAGES: Seaman shall be entitled to full wages with effect from date of leaving the port of
engagement or signing on onboard the vessel whichever is earlier, until the date of arrival at the
original port of engagement. If repatriated after completion of agreement and until the date of
signing off the vessel. If repatriated at his own request.

CASH ADVANCE AND BALANCE OF WAGES: Seamen may draw cash against the wages already
earned in the currency of the port at prevailing rate of exchange. Balance of wages may be drawn
in the currency prescribed in the agreement.

C. LEAVE PAY

1. SENIOR OFFICERS : Masters, Chief Engineers, Chief Officers and Second Engineers are
entitled to 20% of their pay as leave pay after completion ( 12 ) months service onboard or pro
rata at the rate of ( 5 ) days per month of service.

2. OTHER OFFICERS: are entitled to ( 60 ) days leave pay after completion of ( 12 ) months
service onboard including compensation for overtime and holidays, or pro rata.

3. RATINGS: Ratings are entitled to ( 48 ) days leave pay after completion of ( 12 ) months
service or pro rata.

4. ENTITLEMENT: Only Seamen who have fulfilled the contract and completed the full period of
service will be entitled to leave pay. The Company may, however grant leave on pro rata basic to
these Seamen who have been repatriated by the Company through no fault of their own, or those
who have requested repatriation on compassionate grounds, provided their character and conduct
are satisfactory. Seamen who are repatriated due to misconduct or termination of contract by ( 2 )
weeks notice by the seamen will not be granted any leave pay.

D. DISCIPLINE AND CONDUCT

1. The Seamen agree to conduct themselves in an orderly faithfully, honest and sober manner,
diligent in their duties at all times and to be obedient to the lawful command of this Master and
superior Officers, and to act in accordance with the regulations for maintaining discipline as
prescribed in the Articles of Agreement of the ship, they also agree to mutually assist one another
in the working of the ship and in any emergency including mooring and unmooring the handling of
cargo, ship’s stores baggage etc.. if so required.

2. COMPLAINT AND GRIEVANCES: The Seamen agree to represent to Master through


respective head of department, any complaint or grievances including any alleged breach of this
agreement in a quiet and orderly manner. If the Seamen is unsatisfied with the decision or action
of the Master, he may forward his complaint through the Master to the Company. The Company will
advice its decision to the Master. The Company shall not take any action concerning any complaint
from the Seamen which is not represented through the Company.

3. SHORE LEAVE: Shore leave shall be granted at the discretion of the Master. In the event of
Authorities at the Port call refusing shore leave to any or all of the ship’s crew the Seamen agree to
remain onboard and shall under no circumstances strike, protect or take part in any action which
may result in impeding the efficient working of the vessel.

4. SMUGGLING: If any Seamen is connected with any act of smuggling whereby loss or damage
is occasioned to the Master or the Company, he shall be liable to pay the Company, a sum

3
sufficient to reimburse the loss or damage, and the whole or proportionate part of his wages may
be retained on account of the liability without prejudice to any further remedy. Any Seamen who is
found to be involved in smuggling is liable to be dismissed and repatriated for misconduct.

5. WEAPONS: No Seamen shall be allowed to carry or to have in their possession, any deadly
weapons.

6. GAMBLING, LIQUOR AND DRUGS : Gambling of any form onboard the vessel is prohibited
and will be considered as an act of misconduct liable to fine and dismissal. No liquor shall be
brought onboard or consumed, and Seamen shall not resort to use of drugs.

7. DISCHARGE DUE TO MISCONDUCT: The Company reserves the right to discharge any of the
Seamen at any port due to insobriety misconduct neglect of duty insubordination of a criminal act
failure to rejoin and unruly behavior detrimental to maintaining discipline onboard in which case
Seamen shall forfeit all claims to balance of wages and savings as well as any other rights under
this agreement.

8. HYGIENE AND VACCINATION: ( a ) The Seamen shall keep their quarters and communal
spaces clean and tidy to the satisfaction of the Master. This work is to be performed outside normal
working hours and no overtime shall be admissible. ( b ) The Seamen shall submit to the
regulations of the port of call to have such vaccination or inoculation or to take such medicine or
precautionary measures for safeguarding the health of himself and other crew members.

E. JOINING & REPATRIATION

1. AIR TICKET: The Company shall provide the seaman an Economy Class air ticket for his joining
from his home country to the port of engagement of the vessel.

2. NORMAL REPATRIATION: The Company shall be responsible for repatriation of the Seamen
to the original port of engagement after completion of this agreement.

3. ON MEDICAL GROUNDS: The Company will also be responsible for repatriation of the Seamen
to the original port of engagement due to illness or injury of so recommended by the Company
Doctor. The Semen shall be responsible for his own repatriation if he should refuse treatment at
the port of call.

4. ON COMPASSIONATE GROUNDS: The Seamen will be responsible for his own repatriation
prior to completion of the agreement, if he so request.

5. DUE TO MISCONDUCT: If a Seaman repatriated due to misconduct or any serious in


disciplined offence, or due to failure to join his repatriation expenses will be deducted from balance
of his wages and savings.

6. SECURITY AGAINST REPATRIATION EXPENSES: The Seamen agree that 10% of his basic
wages may be retained monthly by the Company at security against repatriation expenses on
Seaman’s account which may be set off against such expenses together with his accrued wages.
The sum which will, otherwise, be considered as savings may not accumulate more than ( U.S.$
300 ) in case of ratings and ( U.S.$ 600 ) in case Officers and shall be refunded to the Seaman
upon completion of agreement.

7. FREE BAGGAGE ALLOWANCE: The Seamen shall when repatriated Company’s account upon
termination of the agreement be entitled free baggage pay allowance of 30 kilos. The Seamen
agree to pay them selves or deduct from their final balance of wages expenses for baggage in
excess of this allowance for which the Master may retain this sum until actual repatriation.

8. ACCOMMODATION: The Company will be responsible for accommodating the Seamen ashore
after leaving the vessel prior to repatriation according to arrangements made by the Company.

4
F. MEDICAL ASPECTS

1. MEDICAL EXAMINATION: All Seamen will undergo a proper medical examination prior to
engagement. During the term of this agreement if it should appear that he has made a false or
misleading statement regarding his health, the agreement may be terminated automatically by the
Company and the Seamen shall be liable for all expenses for treatment and repatriation.

2. MEDICAL TREATMENT: The Company will provide medical treatment and hospitalization, if
necessary due to illness or injury of the Seamen with the medical officer / hospital arranged by the
Company or it’s Agents.

3. DENTAL TREATMENT: The Company will bear expenses for tooth extraction or filling in the
nature of first aid. All other dental expenses shall be borne by the Seamen.

4. COMPENSATION: The Company shall pay to the Seamen workmen compensation in


accordance with the schedule of compensation according to the vessels P&I Club rules for any case
of death and also for total or partial incapacity during the course of his employment with the
Company. It shall not cover injury or death which is self inflicted. In order to pay such
compensation the Company shall be responsible to keep insurance policies to cover with effect
from the date of Seamen’s departure from the port of engagement or signing on onboard the
vessel whichever is earlier until the date of his arrival at the original port of engagement if
repatriated after completion of agreement or until the date of signing off the vessel if repatriated
at his own request.

5. BURIAL OR CREMATION: The Company shall bear all expenses for funeral burial or cremation
if a Seaman dies abroad in the course of employment and cost of transporting his personal effects
and ashes if cremated to the port of engagement.

G. VICTUALLING AND BONDED STORES

1. The Company shall provide sufficient food and provisions in accordance with the scale of
provisions prescribed in the articles of agreement. If there is no fixed scale each Seaman shall be
rate of U.S.$ 4.00 per day as a victualling allowances, in order to manage their own messing.

2. MESSING ALLOWANCE : When provisions are not provided by the Company as stated above,
the Seamen will be entitled to a victualling allowance ( U.S.$ 4.00 ) for ratings and ( U.S.$ 4.50 )
for Officers in order to manage their own messing.

3. STORES AND PROVISIONS: Stores and provisions which are provided by the Company are
only for use and consumption onboard ship by the Seamen, and any unused or unconsumed stores
or provisions shall remain the property of the Company. Seamen shall not take ashore, shall
destroy or give away such stores.

4. BONDED STORES: The Seamen may purchase from the Master bonded stores consisting of
cigarettes and beer only which will be issued according to the approval of the custom authorities at
the port of call and charged to the Seamen in their portage bill.

5
The Company undertakes full settlement of wages as shown against their names and repatriation to
the original port of engagement on termination of the contracted period subject to conditions stated
in this agreement.

The law for the time being in force in the ………………………………………………………………………………………………


shall apply to this agreement and the same shall be interpreted and applied in accordance with
such laws and the parties here to hereby agree submit to the jurisdiction of the Courts of the ……….

---------------------------------------------------------------------------------------------------------------

Signed by:

Employee/Seaman Employer/Company

ANNEXURE ( A )

PUBLIC HOLIDAYS APPLICABLE TO MYANMAR SEAMEN


Myanmar Independence Day 4th January
Union Day 12th February
Full moon of Tabaung Full Moon in March
Peasant day 2nd March
Resistance day 27th March
Myanmar Water Festival 1 day ( out of 3 days )
13th , 14th, 15th April
Myanmar New Year 16th April
Full Moon of Kason Full moon in May
International Workers’ Day 1st May
Martyr’s Day 19th July
Full Moon Of Waso Full Moon in July
Full Moon of Thindingyut Full Moon in October
Full Moon of Tazaungdaing Full Moon in November
Myanmar National Day 19th November

You might also like