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Employment Contract

Employment Contract

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Published by winnmm
Seaman Employment Contract
Seaman Employment Contract

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Published by: winnmm on Mar 16, 2009
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04/09/2013

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EMPLOYMENT CONTRACT
This contract is made between the \u201c
Shipping Co., Ltd. \u201c herein after called the
Employer/Company, and \u201c__________ ___ \u201c herein after called the Employee/Seaman.
Vessel Name:
Type:
DWT:
Flag:
Employee\u2019s 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
Up to ( 12 ) months service
- ( 1/2 ) month basic wages.
( c ) For extended service after
Initial ( 12 ) months service
- ( - ) month basic wages.
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\u2019s
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
STAFF :

Tea hours total normal work daily and to
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\u2019s 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\u2019s 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\u2019s 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

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