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    7K views31 pages

    Philippines AMOSUP IBF CBA 2019 2022

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    niknik73

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    IBF-AMOSUP/IMEC COLLECTIVE AGREEMENT FOR 2019-2022, COLLECTIVE BARGAINING AGREEMENT IBF-AMOSUP/IMEC BETWEEN ASSOCIATED MARINE OFFICERS’ AND SEAMEN’S UNION OF THE PHILIPPINES AND INTERNATIONAL MARITIME EMPLOYERS’ COUNCIL, LTD. VALID FROM JANUARY 01, 2019 UNTIL DECEMBER 31, 2022 IBF-AMOSUP/IMEC COLLECTIVE AGREEMENT FOR 2019-2022 IBF-AMOSUPIITF AGREEMENT 2019-2022 TABLE OF CONTENTS: ART. UNION SECURITY. 1 4.4 POSTING OF AGREEMENT 2 ART.2 DURATION AND EFFECTIVITY, 2 22 __RE-OPENING/EXTENSION CLAUSE 2 ART. 3 TRANSPORTATION AND CONVEYANCE 2 ART. 4 HIRING 2 ART. 5 COMMENCEMENT AND DURATION OF EMPLOYMENT 3 ART.6 GENERAL POLICY OF EMPLOYMENT. 3 644 EQUALITY 4 651.4 REPATRIATION 4 68 "MISCONDUCT. 5 ART.7 WORKING HOURS, OVERTIME, WATCHKEEPING, CARGO HANDLING, REST PERIOD § 742 WATCHKEEPING 8 72” OVERTIME (For 5 78.1 NON SEAFARER' 6 77.1 RESTPERIOD 8 ARIS Houpays) 7 ART. 8 PAID LEAVE 7 ART. 10 WAGES, 7 ART 11 ‘SERVICE INCENTIVE PAY & SPECIAL MAINTENANCE BONUS. 8 ART 12 ‘SUBSISTENCE 8 ART. 13 GRIEVANCE PROCEDURE 8 ART 14 MATERNITY 8 ART. 15 HOSPITALIZATION MEDICAL AND DENTAL SERVICES 8 ART 16 MEDICAL AND SANITARY EQUIPMENT 8 ART. 17 ‘SOCIAL SECURITY SYSTEM AND PHILHEALTH 9 ART. 18 UPGRADING, RE-RATING AND TRANSFER to 18.6 RIGHT TO INFORMATION 19 ART. 19 WARLIKE OPERATIONS AREAS / HIGH RISKS. 10 ‘ART 20 LIFE/DISABILITY INSURANCE, WELFARE MUTUAL BENEFIT PLAN 1 20.1 WELFARE MUTUAL BENEFIT PLAN u 20.1.1 COMPENSATION FOR DEATH u 20.13 COMPENSATION FOR DISABILITY. 1 20.14 PERMANENT MEDICAL UNFITNESS. 1 20.18 INSURANCE COVER " 209° OLD AGE FINANCIAL ASSISTANCI 2 10. MEDICAL PROVISIONS AND OEATH AND DISABILITY COMPENSATION 2 ART. 21 ‘THE FAMILY MEDICAL AND DENTAL PLAN 8 ‘ART. 22 SAILOR'S HOME 8 ART. 23 ‘THE FAMILY CARE PLAN 3 ART. 24 CREWS EFFECTS B ART. 25 OTHER FACILITIES & SHIPBOARD WELFARE. a 252 PERSONAL PROTECTIVE GEAR 4 25.5 SHIPBOARD WELFARE 4 ART. 25 ‘STAND - BY. 4 ant 27 HOME DEVELOPMENT MUTUAL FUND (PAC-IBIC) HOUSING PROGRAM 4 ART. 28 TRAINING 8 ART. 29 PROVIDENT PLAN 8 ART. 30, REPRESENTATION OF SEAFARERS AND UNION DUES 8 303” REPRESENTATION OF SEAFARERS. 5 ART. 31 ‘SAFETY PROGRAM 8 31.2 | SHIPBOARD SAFETY COMMITTEE 15 ART. 32 SHIPMENT OF REMAINS, 6 ART. 33 AUTHORITY OF THE MASTER 16 ART. 34 JURISDICTION 18 ART. 35, DECLARATION OF NULLITY 16 ART. 35, FAMILY PLANNING. 18 ‘ART. 37 MANNING 18 ART. 38 WAIVERS AND ASSIGNMENTS 18 ART. 39 ‘TABLE OF OFFENSES AND MAXIMUM PENALTIES 18 ‘ART. 40 CONTRIBUTION TO SEAFARER'S TRAINING, UPGRADING AND EDUCATION PROJECT 17 ART 41 ‘GREW COMMUNICATIONS. 7 ART. 42 ‘OVERSEAS WORKERS WELFARE ADMINSISTRATION CONTRIBUTION a ART. 43 ‘SHIPBOARD SECURITY OFFICER TRAINING 7 ART. 44 LABOR MANAGEMENT COOPERATIVE SCHEMES 7 ART. 45 ‘CONFLICT WITH CONTRACT PI 7 ART. 48 HYGIENE, 18 ART. 47 ENHANCED MEDICAL EXAMINATION 18 ART. 43 ‘SURVIVORSHIP PENSION FUND PLAN 18 ART. 49 RECRUITMENT PROMOTION 18 ‘ART. 50 ‘STUDY LEAVE INCENTIVE 18 ART. 5t ‘SEAFARERS’ EMPLOYMENT PROMOTION FUND 18 ‘ABPENDIX'A" __AMOSUPIMEC FILIPINO WAGE SCALE EFFECTIVE 0! JANUARY 2019 UNTIL 31 DECEMBER 31,2020 20, ‘APPENDIX'"B” TABLE OF OFFENSES AND MAXIMUM PENALTIES 2 ‘ABPENDIX "CG" SERVICE INCENTIVE, be ‘ABPENDIX‘D’ PERTINENT BANK DETAILS 25 JAPPENDIX“E" COMPENSATION FOR DIABILITY & DEATH 2 APPENDIX"F” _ SHIPBOARD DISPUTE PROCEDURE ~IF MEMBERS 2B /APPENDIX'G’ NON SEAFARERS WORK (tle 7-6 1)-MPLEMENTATION 2 APPENDIX"H’ LIST OF VESSELS. 'BY THIS AGREEMENTILIST OF FILIPINO CREW ONBOARD 30 IBF-AMOSUPMIMEC COLLECTIVE AGREEMENT FOR 2019-2022 |IBF-AMOSUP/IMEC COLLECTIVE BARGAINING AGREEMENT KNOW ALL MEN BY THESE PRESENTS: ‘This AGREEMENT is made between herein referred to as the ‘Company’ duly represented by is” atiomey.infact a ‘domestic corporation duly organized and existing under the laws of the Republic ofthe Philippines. “AND- ASSOCIATED MARINE OFFICERS & SEAMEN'S UNION OF THE PHILIPPINES, afflate of the PHILIPPINE TRANSPORT AND GENERAL WORKERS ORGANIZATION, an afflate of T.F.. a labor organization duly registered with the Department of Labor and Employment, herein represented by its President, DR. CONRADO F. OCA, with principal office at the Seamen's Center, Cabido cor. Sta. Potenciana Streets, Iniramuros, Manila, Philippines, hereinafter refered to as the “UNION \WITNESSETH: THAT WHEREAS, this IBF-AMOSUP IMEC Collective Agreement sets out the standard terms and conditions applicable only to seafarers serving on any ship owned or operated by a company in membership with the Intemational Maritime Employers’ Council, Ltd. (IMEC) in respect of which there is in existence an IBF Special Agreement. This Agreement incorporates by reference the IBF Special Agreement and the IBF Memorandum of Agreement, which may contain ‘additional terms and conditions relevant to seafarers, WHEREAS, tis the desire ofthe partes to this Agreement to promote and maintain harmonious relations between the ‘COMPANY and the UNION based on mutual respec of ghts which wil serve the best interest of all oncemed; For this purpose, the COMPANY and the UNION shall maintain close contact in order that minor problems which may ‘occur with regard 10 interpretation and Implementation of this Agreement may be settied in a most harmonious. and business-tke manner. WHEREAS, this Agreement is deemed to be incorporated into and to contain the terms and conditions of the contact of employment of any seafarer to whom this Agreement applies. The incorporation of this agreement in to the contract of ‘employment shal be made explic in each seafarers Indivisual contract of employment. WHEREAS, the IBF Special Agreement requires the company (inter alia) to employ the seafarers on the terms and ‘conditions of an ITF approved agreement, and to enter into individual contracts of employment with any eoafarer to whom this Agraement applies, incorporating the tame and conditions of an ITF approved Agreement. The Company undertakes that it will comply with’ all the terms and conditions of this Agreement The Company shall further ensure that signed ‘copies of the applicable ITF approved Agreement (CBA) and of the ITF Special Agreement ONCE ISSUED are available ‘on board in English WHEREAS, the words “seafarer’, ‘ship’, IBF Special Agreement’ “union”, “ITF” and “company” when used in this ‘Agreement shall have the same meaning as inthe IBF Special Agreement. Furthermore, “seafarer’ means any person who is employed or engaged or works in any capacity to whom this collective bargaining agreement applies. “MLC” means ‘Maritime Labour Convention adopted by the General Conference ofthe Intemational Labour Organization on 23 February 2008. NOW THEREFORE, for and in consideration of the above premises and of the folowing covenants and conditions, the COMPANY and the UNION agree as folows: ‘At.1 UNION SECURITY 4 ‘The COMPANY recognizes the UNION as the sole and exclusive colectve bargaining representative ofall Filipino seafarer on board vessel's to which this Agreement applies 12 {All such seafarers covered by this Agreement engaged from the Philippines on board any vessels owned, chartered or operated by the COMPANY, shall 26 a condtion of their employment inthis COMPANY, be ‘members of the UNION and maintain their membership in good standing in accordance wih the Constitution ‘and By Laws of the UNION. 3 The COMPANY sarees that seamen who maybe engaged after the sioning of this Agreement. shall be ‘drawn/selected from among the qualified members in the AMOSUP RESERVE POOL and upon employment ‘on board vessels all such seafarers shall maintain ther membership in good standing in accordance wth the ‘Constitution and By Laws of te UNION as a condition of ther engagement wih the COMPANY. op 14 an2 2a 22 23 Ans 34 33 Ant 4a 42 43 IBF-AMOSUP/IMEC COLLECTIVE AGREEMENT FOR 2019-2022 Posting of Agreement ‘The COMPANY and the UNION agreed that a copy of this agreement should be made available 10 all ‘seafarers onboard the vessel by posting same in a conspicuous area ofthe vessel aocosible to all seafarers DURATION AND EFFECTIVITY ‘Subject to the provisions hereinafter provided, this Collective Bargaining Agreement shall be in effect for a peried of four (4) years commencing 1 January 2019 and expiring 31 Decomber 2022. However, in the event that a vessel ison an incomplete voyage atthe time of expiration ofthis Agreement, it shall automaticaly be ‘extended tothe date of arial atthe next major port if renewal isnot mutually open where repatriation of crew ‘ould be arranged without interfering with the normal operations of the vessel’s. However, if renewal of this ‘Agreement is mutually agreed upon, the seafarer shall continue to work unt a new agreement i finalized. Re-Opening/Extension Clause Ether party may after one year from signing raise for discussion the possible amendments or extensions of this Agreement. This agreement shall enter Into force on 1 January 2019 and shall terminate on 31st December 2022. For the period 2021-2022, the wage scales (Appendix A) and compensation (Appendix E) ‘are 10 be uly renegotiated and mutualy agreed between partes. In such an event, the parties agree to ‘arrange a meeting ofthe Joint Negotiating Commitee (Philippines) as soon as reasonably possible to discuss. the proposal Any extension ofthis Agreement shall not last more than one year and shall be subject to mutual ‘concurrence of both parties. ‘The probationary period shall only apply during the fist tem of employment with the Company and shall be ‘one third of the contract length but in any case, no more than ten weeks. During this period both the ‘Seafarer andlor the Company shall be entitled to terminate the employment prior to the explty of the Contract. In such an event compensation for premature termination of employment provided shall not apply. ‘The partes agree that in case a sesfarer fails to render service for the time herein prescribed without justifable cause, reason or mote, his right to receive further wages, benefits and privileges mertioned hereinafter shall be forfeited and his failure shall make him lable to reimburse the COMPANY of any expenses ‘which may be incured in is repatriation. ‘TRANSPORTATION AND CONVEYANCE, ‘The COMPANY agrees to undertake at ts own expense to furnish transportation to any seafarer covered by this Agreement from the port'seaport of Mana tothe port of employment and return and to give them cost of ‘board and lodging and other incidental expenses in relaton to the seafarer’s conveyance to and from the \vessel which is for the account of the COMPANY, while waiting forthe assigned vessel ina foreign port. ‘The COMPANY agrees tha i a seafarer covered by the Agreement is lft behind by the vessel for reason of Injury or sickness, he shall be provided with transportation to catch up with the vessel or repatiated at the ‘option f the COMPANY. However, in the event auch seaferer fa left behind through his own fault or desertion, the COMPANY reserves the ight to deduct from his wages or future wages any expenses incurred by the COMPANY for the repatriation ofthe seafarer and should his wages be insufficient to cover such expenses, the COMPANY may take legal steps as tt may deem proper to collect the balance, ‘The transportation expenses hereinabove provided shall not include the seafarer’s baggage in excess of the normal allowed weight by the air camier and any such excess baggagels wil be at the seafarers expense ‘andlor account. HIRING ‘Al seafarers listed in Appendix "1H" ofthis Agreement shall be crawn/selected from among the members ofthe UNION subject to the managements exclusive right and prerogative to hire in accordance wih the COMPANY's standard of qualification, experience, competence, heath and character of such seafarers, ‘The UNION hereby recognizes and respects the contractual nature of the employment of such seafarers in the vessels of the COMPANY, which is in accordance wit the Individual Employment Contract entered into between the seafarer and the COMPANY and recognizes the right of the COMPANY to consider the ‘employment of such seafarers as terminated after the expiration of such contract and appoint new replacement for such seafarers, subject to and in accordance withthe terms and conditions ofthe Individual ‘Contract, 2s well as the provisions of this Agreement ‘The company shall be entiled to requie that any seafarer shall have a satisfactory pre-employment medical ‘examination at company expense by a company nominated doctor and that the seafarer must answer faithfully any questionnaire on their staia of heath, which maybe rmquieed, Failure to do 20 may affect the seatarer' entitement to compensation as per Aticies 15 and 20. The seafarer shall be entiled to receive a copy of the medical certificate issued in respect of such an examination. The provisions of this Article shall equally apply to seafarers who were previously employed by the Company, signed off due to medical reasons Wp IBF-AMOSUP/IMEC COLLECTIVE AGREEMENT FOR 2019-2022 pursuant to Aticle 6.4.1 (e) and may be wiling to be re-employed upon recovery. Any such recovered Seafarer shal be treated equally to other candidates undergoing medical examination, 44 ‘As far as practicable, companies who are direct employers or who use seafarers recruitment and placement services shall ensure thatthe standards laid down in the MLC are met including the requirement that no fees ‘or visa costs are bore directly or indirectly, in whole or in pat, by the seafarers for finding employment, the fight for seaferers to inspect their employment documents and seek advice before engagement and preventing the recruitment or placement services from using means, mechanisms or Isis to prevent seafarers {rom gaining employment for which they are quali. 45 Each seafarer shal sign an MLC compliant seafarers employment contract. 48 Documentation as required by Flag State shall be at Company's expense. 47 ‘The Company through its Manning Agent shall cooperate with AMOSUP for the proper and compete documentation of the Seafarers covered to ensure ther full and complete availment of benefts under the ‘AMOSUP Programs through the timely submission of their details such as embarkation Idisembarkation report (members full name, dete of bith, date of embarkation/disembarkaton, vessel name) to stat based on the (GBA effeceviy date. Ine Company through its manning agent shall expain to the Seafarer of the nature, Purpose and extent of the processing of his or her pereonal data that will be submited to AMOSUP and Should ebtan the consent of the seafarer prior to processing pursuant tothe Data Privacy Law of 2012. 48 ‘The Union undertakes to safeguard and protect all crew personal data it receives under Article 4.7 and any ‘ew personal data contained in documents under Article 18.6 relating to repatriation of seafarers and that will comply with the provisions of General Data Protection Regulation (EU) 2016/679 in relation to any personal data of the Company's employees, submitted to the Union where required to do 80 by law, The ‘Union wil take all appropriate technical and organizational measures necessary against the unauthorized or ‘unlawful processing of personal data and against the accidental loss or destruction of or damage to such Personal data and wil use such crew personal data only for exolict and legitimate purposes. ‘Art. COMMENCEMENT AND DURATION OF EMPLOYMENT 5A ‘Subject tothe provisions hereinafter provided, the engagement of a seafarer shallbe at the time of departure {rom Mania to the date of expiration of contractor arval in Manila, unless terminated for ust cause or causes. ‘enumerated in this Agreement. It is mutualy agreed that the term of service ofthe seafarer covered by this ‘Agreement shall be up to NINE (8) months as covenanted by the parties and subject to the provisions of ‘Atle 6.5.1.4, however, a flexbilty of one (1) month more or one (1) month less as a result of operational ‘convenience or convenience of port of call shall be acceptable without penalizing the Company of the ‘Seafarer. If any lesser period is agreed for operational convenience this shall be spectfid in the employment. contract, 52 Each seafarer shall undertake to serve the company competently and shall undertake that they possess and wil exercice the ekil commoneurate withthe cartieatee, which they declare to hold, which should be verified by the Company. ‘Art.6 GENERAL POLICY OF EMPLOYMENT ea ‘The COMPANY and the UNION shall maintain close contact in order that minor problems which may occur with regard to interpretation and implementation ofthis Agreement may be setled in a most harmonious and business-ike manner. 62 ‘Shipping Articles (i any) shal be signed by all seafarers. The Collective Bargaining Agreement shall be an Integral part of the Shipping tices. 63 {Inthe event that the Company cannot continue the employment term of the seafarer due to the following ‘Shipwreck; oF total oss of the vessel lay-up for repairs of more than 30 days; withdrawal from service; ‘ale of vessel; ‘seizurelarest ofthe vessel; change of ship management, the COMPANY shall have the right to terminate the services ofthe seafarer of such vessel prior to expiration ‘ofthe Individual Contract. 634, Ifthe Company fis to re-engage the seafarer within thy (20) days from the occurrences of any ofthe above Contingencies, it wl pay tothe later a termination pay equivalent to two (2) months’ basic wage or a balance Cf tre term whichever ower but na moe tan two) oven alu to actued wages and bene , Mf wT \y 3 ys 1BF-AMOSUP/IMEC COLLECTIVE AGREEMENT FOR 2019-2022 a2 Except as provided in 6.3.1 above, forthe purpose of the Agreement TERMINATION PAY shall be equivalent to TWO (2) MONTH'S BASIC WAGE. 633 tt following @ change of Company the Seafarer agrees to continue service with the new company, the seafarer shall continue to receive the same wages and conditions and no termination pay shall be payable, 634 ‘Should the seafarer refuse to continue his services wit the new company, he shall be repatriated to Manila at {he original companys cost and shall receive all benef as specified in 63.1 635 In case of change of manning agent while the company remains the same or where the seafarer refuses to ‘continue under the same company as a result of change of manning agent, the seafarer shall be entitled only to accrued wages and benefits but not to termination pay. 44 ‘The Company shall be ented to terminate the employment ofa seafarer without payment of termination pay ror to the expiry of his period of engagement based on any ofthe folowing grounds: within the probationary period; the termination is 2s a result ofthe expiry of an agreed period of service in his Contract; {he termination is as a resut of notice given by the Seafarer as aforesaid; of the Seafarer is lawfuly and propery dismissed by the Company as a consequence ofthe Seafarers own serious default of employment obligations which give rise To @ lawful entiloment to dismissal, provided that the COMPANY shall where possible, prior to dismissal, give writen notice tothe seafarers specifying the serious default which has been the cause ofthe dismissal ©. _inthe event of cischarge owing to sickness or injury: {following discharge on compassionate grounds n accordance with Ar.6.5.5; apee 642 ‘Subject to the observance ofthe Grievance Procedure in Atle 13 and for the purposes ofthis Agreement ‘refusal by any seafarer to obey an order to sail a Ship shall not amount to misconduct in case: the Ship is unseaworthy as defined in paragraph 64.3 below, oF for any reason it would be unlawful for the ship to sal or if, ater any agreed grievance procedure has been invoked, the company has not complied with the terms of this. the Seafarer refuses to sal into a warike operations rea or a high sk area as dented in Article 19. the Seafarer was employed for @ speciic voyage and the voyage trading pattem or duration is substantially altered. 643 ‘Any seafarer shall be ented to terminate nis employment term if the Ship is certified unseawerthy in ‘accordance with the provisions of Chapter 1, Regulation 19 of the Safety of Life at Sea Convention (SOLAS) 1974, orLO Convention No. 147, 1976, Minimum Standards in Merchant Ships and remains ¢0 for period of ‘30 consecutive days. A Ship shail also be regarded as unseaworthy iit snot in possession of one or more of the certifcates required under chapter 1 Regulation 12 and 13 of SOLAS or ILO Convention No. 147. oe eee 644 EQUALITY Each seafarer shall be entitled to work, train and lve in en environment free from harassment and bullying whether sexually, racially or otherwise motivated. The Company will regard breaches ofthis undertaking as a ‘Serious act of misconduct onthe part ofthe seafarer. 6.5.1 EMBARKATION/ REPATRIATION 65.1.1. EMBARKATION: ‘Cost of airplane fares (economy) to port of embarkation, and all benefits provided for in Aces 6 5.3 and 6.54 ‘hall also apply to Seafarers traveling to jon the vessel 65.1.2. DISEMBARKATION: ‘in case a seafarer disembarks from the vessel in 2 foreign country, the COMPANY shall complete the necessary procedures relating to the reparation of the seafarer concamed, Including tckel/s for his fight and 'ssuance of such pertinent clearance and payment of wages due to him on board the vessel. 65.1.3 In case a seatarer cisembarks from a vessel due to injury or sickness sustained while on duty, and not ‘attrbutable to his misconduct, and inexcusable negigence, faut et., the aforesaid Paragraph 6.5.1.2 hereot ‘shall apply in addtion to medical expenses and other benefits provided for in Aficle 15 hereof, The ‘Company/Master shall undertake to arrange forthe immediate medical treatment including hospitalization in case of emergency ofa Seafarer at port or places outside Philippine waters. 65.14 REPATRIATION: ‘The COMPANY and the UNION aaree that should the term of contract of the seafarer expire when such ‘seafarer is at sea or in any foreign port where repatriation Is deemed dificut, they shall continue to perform their duties and obligations under the same terms and conditions of this Agreement with corresponding ‘compensation unti suitable replacement are made or until such that a new contract is signed if extension of, Seen een has IBF-AMOSUP/IMEC COLLECTIVE AGREEMENT FOR 2019-2022 provide transportation from the port of disembarkation to Manila provided thatthe Company has the option to ‘Select the port from where repatriation shallbe made, 652 ‘A seafarer shall be entitled to repatriation at the companys expense to the place of orginal engagement in ny ofthe following instances: {. after the contracted period of service on board, ways subject tothe provisions of Article 2; when signing-off owing to sickness or injury in accordance with the doctors certification of unfitness for his when his employment s terminated owing to discharge atthe company/s request but without any serious

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