PROTOCOL ‘The year 2019, November 25", a meeting was held in Manila, Philippines regarding the CBA, for Philippines officers and ratings serving on NIS vessels and regarding the Model Agreement for Philippines officers and ratings serving on board Non-Norwegian vessels. Present at the meeting were: NSA represented by: Paal Tangen, Hege Ajer Petterson, Kjetil Meling and Morten Johnsen AMOSUP represented by: Conrado F. Oca, Johnny M. Oca, Jr. Jesus P. Sale Jr, Emmanuel Partido and Alex Ragonjen NMOA represented by: Hans Sande NUME represented by: Hege-Merethe Bengtsson NSU represented by: Johnny Hansen, Kurt Inge Angel and Terje Hernes Pettersen The parties agreed as follows: 1, From 1* January 2020 the basic wage for officers to increase by 1 % in both NIS. and Model agreements From 1* January 2020 the basic wage for ratings to increase by 1 % (AB up to USD 749) in both NIS and Model agreements From 1" January 2021 the basic wage for officers to increase by 1 % in both NIS and Model agreements From 1" January 2021 the basic wage for ratings to increase by 1 % (AB up to USD 756) in both NIS and Model agreements ‘The patties agreed this concludes the wage regulation for the period 1* January 2020 to 31" December 2021 in both NIS and MOD-agreements, see attached wage scales, 2, The parties agreed to add two new last paragraphs in the NIS agreements art 1 and MOD agreement art 1A with the following text: “The Company through its Manning Agent shall cooperate with AMOSUP forthe _SHE proper and complete documentation of the Seafarers covered to ensure their full VM wy,and complete use of benefits under the AMOSUP Program through the timely submission of their details such as member's full name, date of birth, date of cembarkation/disembarkation, vessels name. ‘The Union undertakes to safeguard and protect all crew personal data it receives under this Article and that it will comply with the provisions of Generel Data Protection (EU) 2016/679 in relation to any personal data of the Company's employees, submitted to the Union where required to do so by law. The Union will 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 will use such crew personal data only for explicit and legitimate purposes.” ‘The parties also agreed to update the Model agreements appendix B with the following new litra ¢: ‘The Unions undertake to safeguard and protect all erew personal data it reveives under Article | d) and any crew personal data contained in documents under Article | g) relating to crew employment and safety and that it will comply with the provisions of the General Data Protections Regulation (EU) 2016/679 in relation to any personal data of the Company’s employees, submitted to the ITE where required to do so by law. The Unions will take all appropriate technical and organisational measures necessary against the unauthorised or unlawful processing of personal data and against the accidental loss or desteuction of or damage to such personal data and will use such otew personal data only for explicit and legitimate purposes. ‘The parties agreed to clarify the text in the NIS agreements article 1A fourth paragraph last sentence and the Model agreements last paragraph last sentence which shall read: “The seafarer will also be entitled to a traveling allowance of two (2) days’ basic wage.” ‘The text in erticle 2, 2", 3" and last paragraphs in all agreements to be deleted and new text to read: “Bach month he/she is on board, the Seafarer is entitled to payment of the remaining 20 % of his basic wage after legal deductions have been made. The monthly payment shall be transferred to the seafarer’s bank account. This requites a system without any fees to the seafarers when using their debit card or cash card, In special circumstances a seafarer may however request a part of the wages, up to USD 100,- paid in cash, The remaining 80 % shall be paid to the beneficiary that the seafarer has nominated through any authorized Philippine Bank and shall be available no later than the 10" of the immediate succeeding month. Overtime vemunsration shall be transferred to the seafares’s bank account, fef. article 7 concerning fixed monthly wages. The rate of exchange for conversion of US dollars into Philippine currency shall be < awthe buying rate of exchange indicated in the credit advice of th local authorized Philippine Bank.” 5. Article 14 in the NIS agreements and article 15B in the Model Agreements, the remarks to be changed to: “Bntitlements and rates of compensation in this article shall be jn line with PORA Governing Board Resolution No. 12, Series of 2012 with its supplements.” 6. The parties agreed to go through the texts in all agreements befpre the booklets are printed, to make them gender neutral - agreements to be changed/amended accordingly. 7. Inthe NISAMOD agreements, appendix F,G,I, article 22A, 20Afand 23 “Us dues” all provisions to be changed to the following: Union Dues shall be deducted and remitted in coordination with AMOSUP in accordance with the following guidelines: © Union dues 1.5 % of monthly basic CBA wages ‘The Parties agreed to update the addresses of the various AMOSUP Hospitals in the appendices of the CBAs: Seamen's Hospitals Associated Marine Officers’ and Seamen’s Unions of the Philippines PTGWO- ITF a Cabildo cor. San Jose Sireets, Intramuros, Manila, 'b. Camino Vieinal Street, Umapad, Mandaue City, Cebu ©, Offete Street, Mandutriao, Iloilo City 4. R. Castillo Street, Brgy. Centro, Agdno, Davao City ¢, 17" Street Bacolod City 9. All articles regarding “Duration” text change as follows: The amended agreement will be effective fom 1* January 2020hantil 31° December 2021, 10. Remarks Regarding the NIS Offshore Agreement and the Norwegian Model Offshore agreement the parties to this protocol recognize that terms and ednditions for the seafarers shall be under negotiations between the NMU and the NSA. The special provisions on social and welfare benefits for Filipino nationals shall however be tunder the negotiations of AMOSUP/NMU and NSA. aThe parties agreed to set up a working gronp with representatives fiom both the NSA and the unions that shall have the following tasks: ') fo consider the grievance procedure model also to include 4n agreed procedure for claims related to death and disability as a fi t step that shust be exhausted before a claim is brought to Court. The discussions shall alsb include which parties that shall be included in such procedure, including if also a representative of the authorities might be included. The maih goal for this work is to limit the number of court cases in Manila, 2) The working group shall review the set-up of the wage scale and consides System is giving a correct picture of what is paid to the sealirer and the different cost elements, and also if is necessary to have allthe cost elements related to “the TCC concept” listed in the wage scale or if this could be Saained inan appendix. The working group will if agreed make new wage scales for 2021 with a new format, Manila, 25 November 2019 Norwegian Shipowpéfs’ Association ted Mari he Norwegian Mariiime tC sen HeyMlenl Seales. Phrs fan ten Norwegian’Sc&frers* Union s" and Seamen's Union of the PhilippinesValid from 1 January 2020 to 31 December 2021 MODEL AGREEMENT FOR NON-NORWEGIAN REGISTERED VESSELS REGARDING WAGES AND CONDITIONS FOR FILIPINO OFFICERS BETWEEN NORWEGIAN SHIPOWNERS' ASSOCIATION (NSA) AND ASSOCIATED MARINE OFFICERS’ AND SEAMEN'S UNION OF THE PHILIPPINES (AMOSUP) NORWEGIAN MARITIME OFFICERS’ ASSOCIATION (NMOA) NORWEGIAN UNION OF MARINE ENGINEERS (DNMF) gw Jw Modamosupoff2020AGREEMENT BETWEEN NSA, AMOSUP AND NORWEGIAN UNIONS... APPENDIX A... bsecstonenne Sidra ARTICLE 1 ENGAGEMENT, MUSTERING AND TRAVELLING EXPENSES, ARTICLE 14 COMPANY 0... cco on : : ARTICLE 2 WAGES 2 ARTICLE 3 BOARD AND LODGING... ARTICLE 4 DURATION OF SERVICE. ARTICLE 5 TERMINATION OF SERVICE AND REPATRIATION EXPENSES ARTICLE 6 GRIEVANCE PROCEDURE AND VOLUNTARY ARBITRATION ARTICLE 7A WORKING HOURS. ARTICLE 78 MANNING......... ARTICLE 8 CARGO HANDLING. ARTICLE 9 HOLIDAYS... ARTICLE 10 COMPENSATION FOR PERSONAL EFFECTS ARTICLE 11A MEDICAL TREATMENT... ARTICLE 118 SICK PAY. ARTICLE 11C ENTITLEMENT TO TREATMENT AND SICK K PAY. ARTICLE 12 COMPENSATION FOR DEATH. ARTICLE 13 DISABILITY COMPENSATION... ARTICLE 14A PHILIPPINE SOCIAL SECURITY SYSTEM, PHILHEALTH "AND EMPLOYEES COMPENSATION... ARTICLE 14B SURVIVORS PENSION FUND PLAN ARTICLE 15A WAR ZONE AREA ARTICLE 15B HIGH RISK (PIRACY) ZONE AREA. ARTICLE 16 UNEMPLOYMENT BENEFITS....... Set ARTICLE 17 MEDICAL TREATMENT... ARTICLE 18 CONTRIBUTION TO TRAINING, UPGRADING AND EDUCATION PROJECT ARTICLE 19 PROVIDENT FUND......... s ARTICLE 20A UNION DUES AND WELFARE FUND. ARTICLE 208 JOINT ADMINISTRATION no ARTICLE 21 IMO / TRAINING........ ARTICLE 22 RIGHT TO RECOVERY FROM THIRD PARTIES. ARTICLE 23 DRUG AND ALCOHOL TEST........ ARTICLE 24 DURATION OF F MODEL - AGREEMENT, APPENDIX Special Agreement... APPENDIX Docc Protocol APPENDIX E.. Grievance Procedure . ni ama ar inthe company has not established its own complaint procedure, the folowing procedure shal be used. Sa ssn 29 On board Complaint Procedure... Basan tn APPENDIX 1. ee Pa ssincermdd ‘Standard Form to be used for Board Hearings. ee at APPENDIX 2 soscnine Sr i a“ ehiscasaa cS Notice of Dismissal. nae ear ivan APPENDIX Fn a on 4 Voluntary Arbitration Procedure. 4 APPENDIX G 36 Seamen's Hospital . 36 ‘APPENDIX H 38 Agreement about High Risk Bonus and Compenselion in cass of distity or death caused by War or Piracy Attack. 39 APPENDIX | ier : 4t Useful informationAGREEMENT BETWEEN NSA, AMOSUP AND NORWEGIAN UNIONS Model Agreement for Filipino officers serving on non-Norwegian registered vessels beneficially owned or operated by Norwegian companies. The 25th November 2019 a meeting took place in Manila, the Philippines. The following organizations were present at the meeting: The Norwegian Shipowners’ Association (NSA) represented by: Pal Tangen Morten Johnsen Kjetil Meling Hege Ajer Petterson The Associated Marine Officers and Seamen's Union of the Philippines (AMOSUP) represented by: Conrad F. Oca, Johnny M. Oca, Jr. Jesus P. Sale, Jr. Emmanuel Partido Alex Ragonjan The Norwegian Maritime Officers’ Association (NMOA) represented by: Hans Sande The Norwegian Union of Marine Engineers (NUME) represented by: Hege-Merethe Bengtsson |t was agreed and accepted between the above unions and the NSA to renew the aforesaid Standard Areement with terms and conditions applicable to Filipino officers serving on board non-Nonwegian registered vessels beneficially owned by Norwegian Companies. The standard agreement is enclosed as Appendix A. Norwegian Companies who want to make use of this Standard Agreement (Model Agreement, MA CBAs) for non-Norwegian vessels, should sign a Special Agreement to this respect with the Norwegian ITF co-ordinator or subject to consultation with the ITF. A copy of this Special Agreement form is enclosed as Appendix B This agreement shall be binding with regard to Filipino officers serving on board vessels where these terms have been applied until termination or revision on this agreement, or Until the agreed period of service on the crew hired on these terms has expired. Which of these alternatives to be used shall be agreed upon in each instance. 6 Modemosupott2020 LS . wbThe parties to this agreement are aiming to have a clear understanding of each other's fights and obligations laid down in this agreement. In order to achieve this and in the interests of all concerned, the parties have agreed to assist and support the companies and seafarers which will make use of and be covered by this agreement. {fa request for termination is given by either of the parties, this agreement shall be Considered void without any further legal consequences from the date of expiry, that is 3 months after a notice of termination is given. Manila, 25" November 2019 Norwegian ell Associated Marine Officers’ and Seame\ Union of the Philippines Norwegian he fier ‘Association ellaclhs Benslsscn Peet Union of Marine Erlgtheers Modamosupoff2020APPENDIX A Article 1 Engagement, Mustering and Travelling Expenses This Model Agreement sets out the standard terms and conditions applicable to officers serving on board a vessel covered by this Model Agreement through adoption of this Model Agreement by a Special Agreement, (see Appendix B). This agreement is applicable and full force and effect whether or not the Company has entered into individual contracts of employment with any officer. During the examination, the seafarer shall disclose to the doctor any and all known pre- existing illness or condition pursuant to #11 (Definition of terms) of the POEA Standard ‘Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean- Going Ships (POEA SEC). Concealment of a pre-existing illness or condition shall also be subjected to Section 20 (E) of the POEA SEC. The Special Agreement (Appendix B) requires the Company to employ the seafarers on the terms and conditions of this Model Agreement, and to enter into individual contracts of employment with each officer, incorporating the terms and conditions of this Model Agreement. The Company has further agreed with the Unions to comply with all the terms and conditions of this Model Agreement. Any deviation from this Model Agreement shall require the explicit acceptable of NSA and the Unions. An officer to whom this Model Agreement is applicable shall be covered by the Agreement with effect from the date on which he/she is engaged or the date from which the Special Agreement is effective as applicable, whether he/she has signed articles or Not, until the date on which he/she signed off and/or the date until which, in accordance with this Mode! Agreement, the Company is liable for the payment of wages, whether or ot the Employment Contract is executed between him and the Company and whether or not the Ship's Articles are endorsed or amended to include the rates of pay specified in the Model Agreement. The Officer will sign an agreement for a fixed period that he/she shall be serving on board a vessel, covered by this agreement. Prior to signing such agreement, the officer shall be interviewed and medically examined for fitness. Engagement, mustering expenses and traveling expenses from Manila to the place of embarkation shall be paid by the Company. The officer shall be reimbursed for medical certificate, passport and visa. : Afier completion of service in accordance with the contract of hiring, the Company shall pay for traveling expenses and lodging from the ship to Manila. The officer will in addition be entitled to a traveling allowance of 2 day's basic wage. The Company through its Manning Agent shall cooperate with AMOSUP for the proper and complete documentation of the Seafarers covered to ensure their full and complete use of benefits under the AMOSUP Program through the timely submission of their details such as member's full name, date of birth, date of embarkation/disembarkation, vessels name « Modamosupoft2020 a yeThe Union undertakes to safeguard and protect all crew personal data it receives under this Article and that it will comply with the provisions of General Data Protection (EU) 2016/6749 in relation to any personal data of the Company's employees, submitted to the Union where required to do so by law. The Union will 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 will use such crew personal data only for explicit and legitimate purposes Article 14 Company The term Company in this Agreement shall be defined as the Company which is the owner of the ship or the agent of the owner of the ship, and is named as the employer in the employment contract. Companies who are direct employers or who use seafarers recruitment and placement services shall ensure, as far as practicable, that the standards laid down in the MLC are ‘met including the requirement that no fees or visa costs are borne directly or indirectly, in whole or in part, by the seafarers for finding employment, the right for seafarers to inspect their employment agreements and seek advice before engagement and preventing the recruitment or placement services from using means, mechanisms or lists to prevent seafarers from gaining employment for which they are qualified Copy of a signed employment agreement for each officer and a copy of this CBA shall be available on board, Changing of Crew Agency If the Company should make a change of crewing agency in Manila, the officer shall continue in service with the Company provided the officer’s account is settled for the period served with the first agency and provided the second agency declares in a written statement to the officer, the POEA and AMOSUP that it takes on all responsibilities on behalf of the Company towards the officer from the first agency Transfer of Officers The Company may transfer an officer to any of its vessels provided that the transfer shall ot result to demotion in rank or diminution of pay and benefits and that there will be no interruption of time for calculating leave benefits or increase in term of service. Article 2 Wages The officer's basic wage and rates of overtime are set out in the attached Wage Scale. The wages are stipulated in US dollars, and the officers’ account is kept in US dollars. Wage accrues from the day the officer commences service on board. If he/she has to travel from the Philippines in order to take up service on board, basic wage accrues from the day of departure from Manila to the day when the seafarer sign-off from the ship.Each month he/she is on board, the Seafarer is entitled to payment of the remaining 20 ‘% of the officer's basic wage after legal deductions have been made. The monthly payment shall be transferred to the seafarer’s bank account. This requires a system without any fees to the seafarers when using their debit card or cash card. In special circumstances a seafarer may however request a part of the wages, up to USD 100,- paid in cash. The remaining 80 % shall be paid to the beneficiary that the seafarer has nominated through any authorized Philippine Bank and shall be available no later than the 10" of the immediate succeeding month. Overtime remuneration shall be transferred to the seafarer’s bank account, ref. article 7 concerning fixed monthly wages. The rate of exchange for conversion of US dollars into Philippine currency shall be the buying rate of exchange indicated in the credit advice of the local authorized Philippine Bank The officer will be entitled to a seniority allowance for: 1. Service in the same position on NIS-ships when employed by the same company. 2. Service in the same position on ships under other flags when employed by the same company. 3. Seniority allowance shall be based on the current position of the officer. Article 3 Board and Lodging The officer is entitled to free board and lodging during service on board. If board and lodging is not provided on board, the Company shall defray the cost of satisfactory board and lodging ashore. The free board and lodging on board the vessel should include: a) sufficient food of good quality b) accommodation of adequate size and standard ) one mattress and at least one pillow, three blankets, two sheets one pillow-case and two towels. The sheets, pillow-case and towels shall be changed at least once a week. d) necessary cutlery and crockery €) laundry facilities f) recreational facilities in accordance with LO Recommendation no 138 (1970). In addition the Company shall provide the galley with all items of equipment normally required for cooking purposes. All items of equipment mentioned in sub-paragraphs (c), (@) and (e) above shall be of good quality ILO instruments relating to crew accommodation. Shin & Pw The accommodation standards should generally meet those criteria contained in relevant yeArticle 4 Duration of Service An Officer shall be engaged for 9 (nine) months or shorter if agreed between the Company and the Officer. The agreed period may be extended/reduced with 1 month for operational convenience. A cadet might be engaged for a longer period but less than 12 months in order to comply with the Pilipino prequalification scheme for maritime education. The Officer's employment shall be automatically terminated upon the terms of this Agreement at the first arrival of the ship in port after expiration of that period, specified in his/heremployment contract unless the Company operates a permanent employment system. The cost of repatriation shall be on the Company's account. A shorter service period than 9 months (8 months) may be agreed for substitutes, repair personnel and similar employees. The cost of repatriation of this category shall be on the Company's account. For newly recruited seafarers the first 3 months of service with the Company is considered a probationary period during which the Company or the officer may terminate the contract by giving 14 days written notice. Termination of contract by the Company in the probation period, will not entitle the seafarer to termination pay (see article 5), but to free repatriation. Traveling expenses on the Company's account shall not include the Officer's baggage in exoess of normal allowed weight by the air carrier. Excess baggage shall be at the officer's expense. Article 5 Termination of Service and Repatriation Expenses a) _ An officer may terminate his/her employment by giving one month's notice of termination to the Company or the Master of the ship, either in writing or verbally in the presence of a witness. Repatriation expenses shall be to the officer's account. ‘The Company, however, shall consider special request of early termination of the contract of employment based on compassionate grounds such as in case of the death of serious illness of spouse, children or parents in which case the repatriation costs will be on the Company's account. b) _ In the event of sale, laying-up, or lengthy stay in a repair yard, the Company may terminate the service. The officer is then entitled to pay up to including the day of ssigning-off plus two (2) months basic wages and repatriation to Manila on the Company's account. In case of ship loss the officer is then entitled to pay up to including the day of signing-off plus two (2) months basic wage and repatriation to Manila on the Company's account, He/She shall be entitled to an additional payment of one month's basic wage provided he/she is unemployed for thirty (30) days from date of repatriation. ©) The officer shall be entitled to terminate his/her employment immediately if the ship is eS certified substandard in relation to the provisions of Chapter | Regulation 19 of the Safety of Life at Sea Convention (SOLAS) 1974 (Annex 4) or substandard in relation to ILO Convention no. 147, 1976 Minimum Standards in Merchant Ships. In any event a shipshall also be regarded as substandard if it is not in possession of one or more of the certificates required under Chapter | Regulations 12 and 13 of SOLAS or ILO Convention No, 147. The officer is then entitled to pay up to including the day of signing off plus 2 (two) months basic wages and repatriation to Manila on the Company's account. d) The Company may terminate the employment contract prior to the agreed period of duration, ref. Art 4. provided the officer is paid two (2) months basic wages and repatriation expenses to Manila, The Company may also terminate the contract of employment if the officer becomes ill or injured and has to sign off from the vessel. The officer will then have a right to sick pay, ref. Article 118, and to coverage of repatriation expenses, but no right to termination pay. ©) An Officer who has served the agreed contract period, ref. Art. 4 will not be entitled termination pay of 2 (two) months basic wages. An officer who is transferred in accordance with art 1 A and is offered to continue service on another vessel, is not entitled to termination pay of 2 (two) months basic wages, but shall be entitled to basic wage until the date of joining the other ship. ) Traveling expenses on the Company's account, shall not include the officer's baggage in excess of the normal allowed weight by the air carrier. Excess baggage shall be at the officer's expense. g) The Company may, within the contract period, dismiss any officer who neglects to meet on board at appropriate time or commits himself to other gross breach of contract such as disobedience, violent behavior, abuse of narcotics and alcohol, provided the Grievance Procedure, see Art 6, are complied with. The repatriation costs will be for the officer's account, provided he/she has not earned his/her entitlement to coverage of repatriation costs before he was dismissed. The officer may as a consequence of his/her gross breach of contract be held liable for any damage incurred as a result of his/her actions with a subsequent right for the ‘Company to wage deduction, see Art 2 The shipowner shall not require an advance payment from the seafarer for the cost of repatriation at the beginning of their employment. In the seafarer in accordance with provisions in this agreement is found to be in serious default of his or hers employment obligations, the shipowner may recover the cost of repatriation from the seafarers’ wages or other entitlements. Article 6 Grievance Procedure and Voluntary Arbitration Both the Company and the seafarer should consider any dispute or grievance in accordance with the grievance procedures, see Appendix E All disputes arising out of this collective bargaining agreement or employment contracts connected to this collective bargaining agreement shall be settled in accordance with the grievance procedure as set forth above. If the dispute cannot be settled, the same shall be resolved through voluntary arbitration pursuant to the procedures set forth in Appendix “F”. Modamesupot2020 © - BA ut10 Article 7A Working Hours The normal working hours is 8 hours per day, Monday to Friday and 4 hours on Saturday. The officer will be paid monthly wages for service on board including fixed overtime compensation. It is understood that overtime work will be performed at the direction of the Master or the Master's representative. ‘Compensation for UMS-watches is covered by the fixed overtime in the wage scale. Standard hours of work for officers are 44 hours per week and watch keeping hours of 66 hours per week are recognized. Nevertheless, overall conditions of service for officers, including enhanced fringe benefits and fixed overtime compensation shown in the attached wage schedule, are provided in recognition of all additional duties required for the safe and efficient operation of the ship. The fixed overtime compensation is stipulated on a monthly basis, see wage scale, but will be paid pro rata for part of the month. The officer is entitled to 10 hours of rest during any period of 24 hours and 77 hours of rest during any period of 7 days (168 hours). The rest hours can be divided into 2 periods with one period of at least 6 hours and with no more than 14 hours between any rest hour periods. Exemption from these rules are allowed in situations of distress, emergency, boath-drill and other overriding operational conditions (see ILO convention 180, STCW 95 and EU directive 63/1999) Any additional hours worked during an emergency directly affecting the immediate safety of the ship, its passengers and crew, of which the Master shall be the sole judge, or for safety of boat drill, or work required to give assistance to other ships or persons in immediate peril, shall not count for overtime payment. Overtime compensation will not be paid for the following service even if performed past the initial 8 hours or on Sunday or public holidays: Alll types of emergency work for the safety of the vessel, crew and cargo Turing and relieving of watches Fire and boat drills Inspection of quarters for cleanliness Taking sights of officers Article 7B Manning Preparation of payroll a) The ship shall be competently and adequately manned so as to ensure its safe operation and the maintenance of a three watch system whenever required, but allow the Company to implement some degree of flexibility to meet operational contingencies. seen G7 w sp aege1 However, the ship shall in no case be manned at a lower level than the vessels’ safety manning certificate. b) If the whole or part of a voyage is carried out with a smaller crew than was presupposed or if the number of fit members of the crew falls during the voyage, the wages thereby saved during the time the ship is at sea shall be distributed evenly among the members of the reduced group of crew. Any increased expenses by way of overtime payments for extra work at sea shall be deducted from the saved wages to be distributed. The catering personnel shall also be entitled, pursuant to corresponding rules, to share in the wages saved while the ships is in port. Article 8 Cargo Handling The Special Agreement to be signed for each vessel, shall provide arrangements for cargo handling and other work traditionally or historically done by dock workers, see Appendix 8, art. 1 tra j. Compensation to the crew for such work performed during the normal working week shall be by the payment of the overtime rate as specified in Appendix “C" the wage scale, for each hour or part of an hour that such work is performed, in addition to the basic wage. Any such work performed outside the normal working week will be compensated at double the overtime rate as specified in Appendix "C" the wage scale for each hour or part of an hour that such work is performed. Article 9 Holidays ‘The parties adopt the following Public Holidays in Norway: New Year's Day Maundy Thursday (Easter) Good Friday Easter Sunday Easter Monday Labour Day (1st May) Constitution Day (17 May) Ascension Day Whit Monday Christmas Day Boxers Day plus the Philippine Independence Day, 12 June. The seafarer/officer is only entitled to the agreed holidays stated in this article regardless of the actual holidays stated in the POEA contract. Compensation for work on Public Holiday will be: In addition to basic pay, the officer will receive 1/191 basic wage per hour for up to 8 hours work during Public Holidays, which fall on an ordinary weekday. Additional work (beyond 8 hours) shall be considered covered by the fixed overtime. — & we12 Compensation for all work on Public Holidays which falls on a Saturday and Sundays is included in the fixed overtime compensation. Ifa holiday falls on a Sunday, the following working day shall be observed as a holiday. Leave The officer shall be entitled to eleven (11) days vacation leave with pay based on the basic wage for every month of employment Article 10 Compensation for Personal Effects In case of accident, fire or other mishap affecting the ship, the Company shall compensate the officer for hislher damaged or lost personal effects either partial or total, depending on the extent of the damage or value of the lost effects to a maximum of USD 3,000 for total damage or loss. The officer will be entitled to an additional compensation for necessary clothing in case of ship loss. The compensation may be reduced on account of the officers’ own contributory negligence or fault and circumstances otherwise. The officer shall submit a signed statement specifying the items lost prior to payment of any compensation hereof. Article 114, Medical Treatment While serving on board, a sick or injured seafarer is entitled to medical treatment at the Company's expense. The Company is not responsible for conservative dental treatment. ‘An officer who is discharged owing to sickness or injury incurred before the expiry of his/her service period shall be entitled to medical treatment including hospitalization at the Company's expense for up (130) days. If the seafarer is discharged owing to an injury or an occupational disease incurred before the expiry of hisIher service period, he/she shall be entitled to medical treatment including hospitalization at the Company's expense until he/she has been declared fit, or until the degree of his/her disability has been established and has been declared to be of a permanent character. The entitlements are subject to a verification by a physician authorized by the Norwegian authorities Expenses advanced by the officer from his/her own pocket for 1) medicines purchases prescribed by a Company designated physician, and 2) reasonable transportation expenses to have treatment, shall be reimbursed on a monthly basis. The reimbursement shall be subject to submission of receipts or proof of expenses In accordance with the POEA's rules and regulations, the officer must submit to a post employment medical examination within three (3) working days after his/her return to the Philippines to obtain these benefits. If he/she should be unable by reason of physical incapacity to do so, a written notice to the agency within the same period is deemed as compliance provided the notice about the incapacity is certified by the Master or a physician authorized by the Norwegian authorities. v Modemosupst2020 e_L we13 In the event of sickness or injury necessitating signing-off, the officer is entitled to travel to Manila at the Company's expense During the period of employment or at the time of signing off, the Company or its representative may request the seafarer to submit for a medical examination at the company's expense. Article 11B Sick Pay When an officer is signed off and has his/her employment contract terminated (ref. art 5) due to sickness or injury, he/she shall be entitled to sick pay at a rate of basic wage while he remains sick for up to 130 days, to be paid on a monthly basis provided the sickness or the injury is verified by written statement from a Norwegian authorized physician (see POEA's Tules and regulations). However, in the case of injury, or occupational disease, the sick pay shall be paid until the seafarer has been declared fit or until the incapacity has been declared to be of permanent character so as to entitle the seafarer to a disability compensation in accordance with article 13 below. Proof of continued entitlement to sick pay shall be by submission of satisfactory medical certificates issued by a physician authorized by the Norwegian authorities. Article 11C Entitlement to Treatment and Sick Pay It is understood that an officer who is signed-off by reason of sickness or injury must return to the Philippines within the usual period of travel from the date and place of disembarkation indicated in homeward bound ticket. On arrival in the Philippines, he/she shall report to the company's designated physician within three (3) working days from the time of arrival for post employment medical examination, otherwise, the employer's liability shall be deemed terminated. In case however, of failure to report due to officers’ physical incapacity, a written notice to the company within three (3) working days from arrival is deemed as compliance provided the incapacity is certified by the Master or an authorized physician Article 12 Compensation for Death In the event of death of an officer while serving on board or while traveling to or from the vessel on Company's business or due to marine peril, or due to illness acquired during employment, the Company will pay to his/her legal heirs a compensation in the amount of USD 87,500. It is agreed that payment of this amount shall be inclusive of the benefits payable under the POEA Standard Employment Contract for Seafarers On-Board Ocean-Going Vessels. Itis further agreed that the compensation shall be payable to the Seafarer's legal heirs in accordance with Philippine laws. The names and addresses of the legal heirs shall be declared at the time of hiring. The Company shall pay an additional compensation to each of the officer's children under Modamosupo2020 ge = Wd14 the age of 21 years of USD 17,000 maximum 4 children or USD 68,000. It is agreed that payment of this amount shall be inclusive of the benefits to children payable under the POEA Standard Employment Contract for Seafarers On-Board Ocean-Going Vessels. The Company shall transport at its own expense the body to the Officer's home where practical and at the families’ request. In addition, the Company shall if requested pay the cost of burial expenses not exceeding USD 5,000. Any payment effected under this article shall be without prejudice to any claim for compensation made in law, but such payment shall be deducted from any award for damages. The Company shall take out the necessary insurance to cover the benefits mentioned above. Coverage arranged with a P & | Club will meet these requirements. In view of the time required in the processing of payment, the AMOSUP agrees to forward immediately through the Welfare and Mutual Benefit Pian (WMBP), the following part of the pay to the designated beneficiary/ies: a) For Master/Chief Engineer 250,000.00 b) For other officers including Radio Officers and Electricians — P210,000.00 c) For Ratings 170,000.00 The Company shall contribute per seafarer per month USD 1.50 for the welfare services provided by the WMBP to be remitted to the Union plus a particular premium related to the seafarer’s age and position. Article 13 Disability Compensation If an officer or cadet due to no fault of his/her own, suffers an injury as a result of an accident or an occupational disease while serving on board or while travelling to or from the vessel on Company's business or due to marine peril, and as a result his/her ability to work is permanently reduced, partially or totally or partially and never to be declared fit, the Company shall pay him a disability compensation which including the amounts stipulated by the POEA's rules and regulations Part II Section C, shall be the maximum USD 110.000, but USD 90.000 for cadets. If the disability should cause the officer's death, the death compensation to his/her beneficiaries should be reduced with the amount paid out as a disability compensation. The disability compensation shall be calculated on basis on the POEA’s schedule of disability or impediment for injuries at a percentage recommended by a doctor authorized by the Norwegian authorities The disability shall be based solely on the disability grading provided under Section 32 of the POEA Standard Employment Contract, and shall not be measured or determined by the number of days a seafarer is under treatment or the number of days in which sickness allowance is paid. a « RN we15 The disability suffered by the officer or cadet shall be determined by a doctor authorized by the Norwegian authorities for medical examination of the seafarer. An officer or cadet who is declared permanently disabled as a result of an occupational injury or an occupational disease, and whose permanent disability in accordance with the POEA schedule is assessed at 50 % or more, shall for the purpose of this paragraph be regarded as permanently disabled and be entitled to 100 % compensation (USD110,000 for officers and USD 90,000 for cadets). ‘An officer or cadet who is declared permanently disabled as a result of an occupational injury or an occupational disease, and who is assessed as less than 50% permanently disabled, but permanently unfit for further service at sea in any capacity, shall also be entitled to a 100 % compensation (USD110,000 for officers and USD 90,000 and cadets). ‘An officer or cadet who is declared permanently disabled as a result of an occupational injury or an occupational disease, where the disability does not prevent further service at sea, but only in a lower position than that in which he/she was serving at the time of the injury, should be entitled to a disability compensation of 50 % of the maximum amount. ‘Any payment effected under this article shall be without prejudice to any claim for compensation made in law, but such payments shall be deducted from any award for damages. The Company shall take out the necessary insurance to cover the benefits mentioned above. Coverage arranged with a P&I Club recognized by the Norwegian authorities shall be deemed to meet these requirements, Article 144, Philippine Social Security System, Philhealth and Employees Compensation The Filipino seafarer will also be covered by the Philippine Social Security System, Philippine Health Insurance Corporation (Philhealth), the Employees Compensation Commission (ECC) and the Home Development Mutual Fund (Pag-lbig), The premiums should be paid partly by the seafarer and partly by the Company as provided by the government regulations. The contributions from the seafarer should be deducted from his/her salary and remitted by the Company to the Philippine SSS, Philhealth and Employees Compensation Commission and Pag-Ibig Offices. If the officer is not declared fit after expiration of the one hundred and thirty (130) days period, he/she may be entitled to benefits under the Philippine Employment Compensation Program and the Philippine Social Security System The Company's Contributions to be paid to SSS, ECC, Philhealth and Pag-lbig is indicated in the wage scale. Article 143. Survivors Pension Fund Plan The Company shall contribute to an insurance scheme to provide benefits to seafarers widows as and when the scheme has been developed by AMOSUP. The scheme shall ‘Modamosupoff2020 q Z wh16 be managed by a board of trustees. The cost of this benefit is recognized under the heading "Survivorship Pension Fund Scheme” shown in the attached wage scale. Contribution to be made to a bank account advised by AMOSUP. Article 15A War Zone Area The officer shall be given full information of war zones included in the ship's trading pattern and shall have the right not to proceed to a warlike zone area as defined by the Norwegian Unions, AMOSUP and NSA, in which event he/she shall be repatriated or be given leave at the Company's expense. Where a ship enters into a war zone area (see above), the officer will be paid a bonus equal to a percentage of basic wage as agreed between the UNIONS and NSA for the duration of the ship's stay in such area, subject to a minimum of five (5) days. However, if the vessel enters the area, leaves the area and re-enters the area within the same five days period, no particular day in the area shall be calculated to be more than one day. A special agreement concerning indemnity is attached as Appendix *H”. Officers who are entitled to compensation in accordance with the rules in Appendix H. have no entitlement in accordance with article 12 (compensation for death) and article 13 (disability) in this CBA. Article 15B. High Risk (Piracy) Zone Area High Risk (Piracy) Bonus will accrue and expire from the same dates as for similar agreements for seafarers concluded between NSA and the Norwegian Trade Unions. The High Risk (Piracy) Bonus will be based on basic wages with the same percentage as agreed between NSA and the Norwegian Trade Unions. A special agreement concerning war and piracy indemnity is attached as Appendix H. Seafarers who are entitled to compensation in accordance with the rules in Appendix H have no entitlement in accordance with articles 12 (compensation for death) and 13 (disability) in this CBA. Remark: Entitlements and rates of compensation in this article shall be in line with POEA Governing Board Resolution No. 12, Series of 2012 with its supplements. Article 16 Unemployment Benefits After the agreed period of service on board, see Article 4, the officer will be entitled to unemployment allowance when his/her leave period has expired, provided he/she has reported back to the Company or ship manager for a renewal of contract of employment no less than ten (10) days, but not earlier than three (3) weeks before his/her leave period has terminated. The officer will not be entitled to an unemployment allowance if the Medan « Ue7 employment contract with the Company has been terminated with a written notice of termination from the Company or the officer has been dismissed, see Article 5 and 6. ‘The unemployment allowance is US Dollar 60 per month for a maximum period of three (3) months (US dollar 2 per day). If the officer's contract of employment is renewed in such period of unemployment, his/her right to unemployment allowance will cease from the time he/she is entitled to wages after the new contract. Article 17 Medical Treatment The officer and his/her immediate dependents shall be entitled to medical treatment provided for by the AMOSUP FAMILY MEDICAL AND DENTAL PLAN (FMDP). ‘The Company agrees to contribute to the existing AMOSUP Family Medical and Dental Plan (FMDP) for the officers and his/her dependents the sum of USD 25 a month per officer for his/her service period. It is understood that this contribution shall not affect the treatment and sick pay benefit of the officer provided by Article 11 itis understood that the existing AMOSUP FAMILY MEDICAL AND DENTAL PLAN (FMDP) shall be to the extent of the services and facilities available as indicated in Appendix "G" of this agreement. The Seamen's Hospital shall not be obliged to cover treatment outside its available services and facilities. Article 18 Contribution to Training, Upgrading and Education Project In order to improve the qualifications of the Filipino officers and to secure a sufficient and satisfactory recruitment, the parties have agreed to establish an Education Project for Filipino officers serving on Model vessels. The Project shall be administered by NSA and the further statutes for the Project shall be given by NSA Council. The union parties shall be informed about the statutes, and all and any later amendments of these statutes. NSA has appointed a Steering Committee among the Companies’ representatives in Manila. AMOSUP and the Norwegian Maritime Unions have the right to be represented in the Steering Committee with one representative each (totally 2 representatives). ‘The Company shall contribute USD 40 per seafarer/officer per month to the Project, to be remitted every three (3) months to the Project’s bank account, according to the NSA Couneil's decision. The contribution shall be paid to the following address: ASO Training and Education Project for Filipino Seafarers P.O. Box 1452 Vika N-0116 OSLO NORWAY Phone: + 47 22 40 15 00 Fax: + 47 22.40 15 15 Email: atep@rederi.no Modamosupott2020 f AP18 Bank account details: DnBNor ASA, Oslo. Account: 7006 0444 399 Iban: NO04 7006 0444 399 ‘Swift: DNBANOKKXXX Note: The payment shall contain information as to the name of the company, the vessel and number of persons from whom contribution have been made during the period. ‘The Company shall further contribute USD 10 officer per month to be remitted every 3 months to MAAP (the Maritime Academy of Asia and the Pacific)'s bank account. Contribution to be made according to instructions from AMOSUP. Article 19 Provident Fund The Provident Fund established by NSA and AMOSUP in 1992, shall also cover seafarers under this agreement. It is agreed that this plan will enhance the efficiency and loyalty and further encourage the seafarer’s continued service on vessels owned or operated by Norwegian Companies. The Company shall contribute to the Provident Fund a monthly amount of USD 80 for Master, Chief Engineers, Chief Officers, 2nd Engineer, 2nd Officer, 3rd Engineer, 3rd Officer and 4th Engineer while the officer is engaged on board and an amount of USD 50 per month for Jr. 3rd Officer! Jr. 4th Engineer. Cadets and boys shall not be included by this Provident Fund provision. The Provident Fund shall be arranged with an internationally acknowledged insurance company chosen by NSA, at present Storebrand Livforsikring A/S. Statutes for the Provident Fund are established by NSA's board of directors. Contribution to Provident Fund to be paid to Storebrand Livforsikring AS (manager for the Provident Fund). Article 204 Union Dues and Welfare Fund The Company will deduct from the salary of each member of the AMOSUP a union due as levied in accordance with the bylaws of the AMOSUP. AMOSUP — Joint Union's Fund's clo Norwegian Maritime Officers’ Union Address: P.O. Box 2000 Vika, N-0125 Oslo, Norway Phone: +47 22 00 65 00 — ~ ZW Modamosupotf202019 Fax: + 47 22 00 5501 Email: Ellen.barlindhaug@sjooff.no Bank account details: Nordea Bank Norge ASA, P.O. Box 1166 Sentrum, N-0107 Oslo, Norway Account: 60270512022 IBAN: NO5260270512022 SwiftBIC: NDEANOKK Phone no: +47 22 48 50 00 Fax: +47 22 48 47 49 The Company recognizes the ILO convention 87 and 98 regarding right to organize, collective bargaining and freedom of association. As a consequence, the Company may consider a request from the officers to elect a representative to maintain contact with AMOSUP and to represent the officers in safety and environmental question connected to such quality securing system (IMS Code) that the Company has in operation, The Special Agreement for each vessel, which must be signed to enter this Model ‘Agreement, provides that the Company will pay a contribution of USD 250 per positions per year for special agreements to the ITF's Welfare Fund, Article 20B Joint Administration The Company shall each month contribute USD 38 per Filipino officer covered by this CBA to the Joint Administration. The funding to be split among the parties based on an ‘own agreement, to maintain and give service related to this agreement. The amount shared between the Norwegian Maritime Unions and the Norwegian Shipowners’ Association, The Company shall submit actual crew list to the Joint Administration. The crew list will be basis for the invoice of the above said contribution to the Joint Administration, ‘The contribution shall be paid in advance every sixth months, normally 1* January and 1 July of each calendar year, together with actual crew list. Without such crew list, the contribution will be estimated. For part of month, the contribution will be proportional Payment will be refunded for prepaid periods when a vessel is no longer covered by a model agreement. The Joint administration: Address: P.O. Box 2000 Vika, 0125 Oslo Telephone:+47 22 82 58 00 Fax: +4722 42 30 56 Email: knau@sjomannsunion.no @ Modamosupoft2020 a YP20 Bank account details: Bank 1 Oslo AS, P.B. 778 Sentrum, 0106 Oslo Account: 9001 11 46 391 Iban: NO68 9001 11 46 391 SWIFT: LABANOKK Article 21 Imo | Training The Company and the Unions agree that to enhance the efficiency of the crew and update their knowledge in the modern equipment on board ship, the officers should be encouraged to take upgrading courses. The Company shall through the Norwegian Training Center and other training facilities arrange for such upgrading. Article 22 Right to Recovery from Third Parties ‘Where pursuant to the provisions in this agreement, payments are made by or on behalf of the Company, to or on behalf of the officer in respect of an injury or a disability sustained in circumstances not related to employment and giving rise to legal liability by a third party to the officer (whether in negligence or otherwise), then the making of each such payment shall entitle the Company to assume the right of the officer to pursue for itself the said third party for recovery of expenses paid with all related interest thereon, on its own account, and whatever amount it may recover shall be treated as indemnification in favor of the Company for paying the liability to the officer. In case the officers’ presence or co-operation is necessary to a successful recovery of the said claim, the company shall furnish the corresponding expenses for transportation fares, hotel accommodation or board and lodging and allowance needed under the circumstances. The Company shall assume full responsibility for any pertinent legal action it decided to take and assures that the officer shall not be exposed to any counter-claim. Article 23 Drug and Alcohol Test The Officer shall consent to submit to drug and alcohol testing prior to the signing of contract of employment and shall also agree to submit to random testing for drugs and alcohol at any time during the period of employment when so requested by the Master or by other authority. The testing should be in accordance with guidelines from Norwegian authorities. Modamosupoft202024 Article 24 Duration of Model Agreement The amended agreement will be effective from 1% January 2020 until 31% December 2021 and further if a request for termination is neither given by the NSA nor by the AMOSUP and the Norwegian Officers Union with 3 months written notice, a notice given by the unions, the AMOSUP and the NORWEGIAN OFFICERS UNION, should be agreed upon and signed by both the AMOSUP and the Norwegian Officers union. If @ request for termination is given by either of the parties, this agreement shall be considered void without any further legal consequences from the date of expiry, that is 3 months after a notice of termination is given Manila, 25 November 2019 /Bop. Norwegian Shipoygférs' Association Associated Marine Officers’ and Seam Norwegian ha icers’ Association heed Seralsoea, jonvegian Union of Marine EngiNeers {s Union of the Philippines ‘Modemosupotf202022 Appendix B Special Agreement This Special Agreement is made on. 20___and is effective from 20 Between: a Norwegian Seafarers’ Union, P.O. Box 2000 Vika, 0125 Oslo, Tel (47) 22 82 58 00, Fax: (+47) 22 42 30 56 Norwegian Union of Marine Engineers P.O. Box 2000 Vika, 0125 Oslo, Tel (+47) 24 14 83 70 Fax (+47) 24 14 83 80 Norwegian Maritime Officers’ Association, P.O. Box 2000 vika, 0125 Oslo Tel (+47) 22 00 55 00 Fax (+47) 22 00 55 01 2. (hereinafter called “ The Company") whose address is Telephone Telefax Telex in respect of the flag ship, described in Schedule 1 hereto (“the Ship” Whereas: The Norwegian Unions are independent trade Union organizations comprising fully autonomous trade union organizations in transport and individual members of the Special Seafarers Department of the ITF and the Unions are independent trade union organizations affiliated to the ITF. ‘The Company is the owner or agent / manager of the owner of the Ship described in Schedule 1 hereto; The Unions and the Company wish to regulate the conditions of employment of all seafarers (hereinafter individually referred to as a "Seafarer") serving from time to time on board the Ship. Cc Macoromiaf20 Ze23 Now itis agreed: Article 1: The Company undertakes as follows: a, to employ each Seafarer in accordance with the current terms of the ITF Standard Collective Agreement or the following ITF Approved Agreements b. to incorporate the terms and conditions of the relevant ITF Approved Agreement into the individual contract of each Seafarer ( and if necessary to register the contracts with the relevant national body) and into the Ship's Articles. Any Seafarer enjoying or offered terms and conditions which taken as a whole are recognized by the ITF as more favorable to the Seafarer shall continue to enjoy or be entitled to such terms and conditions notwithstanding paragraph above; ©. to conclude appropriate insurance to cover itself fully against all liabilities in the relevant ITF Approved Agreements; d, to furnish the ITF forthwith copies of the Special Agreement, ITF Approved Agreements, contracts of employment (registered if necessary), Ship's Articles (duly amended), crew list, manning scale and evidence of insurance cover; @. to pay to the ITF or the appropriate affiliated union of the ITF tariff fee as stated in the CBA or a separate agreement and pay to the ITF the Welfare Fund contribution as stated in Schedule 2 hereto without deduction from the Seafarers salary.; f to keep on board the Ship accurate records of all hours worked by Seafarers, all payments made to Seafarers, monthly payrolls and/or individual pay slips of Seafarers, copies of the Special Agreement, the relevant ITF Approved Agreements and ITF Blue Certificate to be issued under Article 2 hereof and to allow each Seafarer access to these documents at all times. The times sheet, documentations of payment to seafarers, monthly payrolls and or individual pay slips of seafarers shall be kept on board a minimum of 3 (three) years after their completion and if legal proceeding have been instituted in respect of a claim for payment for work hereunder but not limited to overtime, that has been entered or should allegedly have been entered on the documents mentioned herein, they shall be kept until the matter has been finally settied. 9. to permit or obtain immediate permission for representatives of the ITF to board the Ship, to consult with Seafarers and to inspect and copy all documents whether the Ship is in berth or not and whether or not the Seafarer is on board the Ship; h. not to demand or request any Seafarer to enter into any document by which the Seafarer agrees to give up any rights to which he/she becomes entitled as a consequence of this agreement and the Company agrees that any such document SS already in existence shall be null and void and of no legal effect; Modamesupoft2020 ZA HY24 i Not to require or induce Seafarers to carry out cargo handling and other work traditionally or historically done by dockworkers without the prior agreement of the relevant ITF Dockers’ union concemed and provided that the individual Seafarers volunteer to carry out such duties for which they shall be adequately compensated; j. The clause regarding breach of agreement set out in the Collective Bargaining Agreement(s) referred to above, shall be amended as follows: The Company acknowledges and accepts that the Union(s) has the right, on behalf of it self or on behalf of any Seafarer(s), to sue and/or arbitrate and/or bring and/or defend any legal action whatsoever in respect of any claim or dispute arising from Seafarer’s employment or service on board the ship whether or not the Seafarer(s) has given the Union(s) any authorization. ‘The Company agrees that the Union(s) is entitled to receive on behalf of the Seafarer(s), all monies due and arising from the employment or service on board the ship and provide receipt for the same and hold such monies or transfer or transfer them to the Seafarer(s). From the time the Union(s) has filed a claim due to breach of contract, the payment of any such claims can only, with effect of release, be done to the Union(s) or as authorized by the Union(s). k. to reimburse the ITF and/or the Unions and its affiliates all reasonable costs and expenses incurred to enforce the Company's undertakings herein Article 2: a) The Union undertakes, provided that the ITF has received and approved copies of the documents referred to in Article 1(d) above and the fees and contributions payable under Article 1c) above, and further provided that there are no outstanding claims of Seafarers, to issue an ITF Blue Certificate certifying that the Ship is covered by an ITF Approved Agreement provided that the property of the ITF Blue Certificate shall at all times remain in the ITF. b) The Unions undertake to safeguard and protect all crew personal data it receives under Article 1 d) and any crew personal data contained in documents under Article 1 g) relating to crew employment and safety and that it will comply with the provisions of the General Data Protections Regulation (EU) 2016/679 in relation to any personal data of the Company's employees, submitted to the ITF where required to do so by law. The Unions will take all appropriate technical and organisational measures necessary against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of or damage to such personal data and will use such crew personal data only for explicit and legitimate purposes Article 3: This Special Agreement and the Collective Bargaining Agreement(s) referred to above, sets out the standard terms and conditions applicable to all Seafarers serving on the ship described in Schedule 1 hereto, This Special Agreement and the Collective Bargaining Agreement(s) referred to above, is applicable and in full force whether or ot the Company has entered into individual contracts of employment with any Seafarer and whether or not the Company is the Employer. Article 4: This Special Agreement shall remain in force for a period of twelve (12) ye25 months from the date hereof and thereafter from year to year unless terminated in accordance with Article 5 below. Article 5: This Special Agreement may be terminated as follows: a. _ by the ITF and/or the Unions immediately upon notification to the Company in the event of default by the Company of any of its undertakings herein. Upon termination, the Company shall forthwith return the ITF Blue certificate to or to the order of the ITF. b. by either party on the anniversary of this Special Agreement provided that at least ‘one month notice of termination is given; c. _ atany time by the mutual agreement of the parties hereto. Article 6: Save in the event of a proper termination, the Company undertakes that, no later than one month prior to each anniversary of this Special Agreement, it will send to the ITF the documents referred to in Article 1(d) above, and will pay the fees and contributions payable under Article 1(e) above. Upon receipt and approval of same the Union undertakes to request the ITF to renew the ITF Blue Certificate. Article 7: The Special Agreement shall be governed and construed with the Norwegian law. Signed by: Signed by: the Company/on behalf of the Company who is duly authorized on behalf of the affiliated Unions by the owner of the Ship to sign on its behalf. (FOCATF) Date: Place: Modamosupotf2020 A Wd26 SCHEDULE 1 Vessel Flag IMO No. Official No. Port of reg. Date of reg. Reg. tonnage (gross/net) lEng.power Registered owner _ Beneficial owner Manager [Agent SCHEDULE 2 Welfare Fund USS 240 per position per year for special agreements signed in 2008 and USD 250 per position per year for special agreement signed in 2007. TOTAL USD, Received Signed Modamosupatt202027 Appendix D Protocol Modlel Agreement for Filipino Officers on non-Norwegian vessels With reference to the Model Agreement art. 7 B, lira a, the ITF Geneva policy and the regulations for 2 watch system set down by the Norwegian Maritime Directorate, the following conditions are agreed for 2 watch vessels: The weekly hours will be up to 84 hours, normal hours and overtime included. Sailing periods shall be limited to 6 months plus/minus 1 month, see Model Agreement art. 7. Officers who are physically affected by the two-watch system, shall be paid a monthly two-watch keeping allowance of USD 250. The fixed overtime compensation, Appendix “C’, and the two-watch keeping allowance cover all overtime work. Ratings who are covered by a 2 watch system, shall have an increase of the monthly guaranteed overtime compensation of 58 hours. Seafarers who are requested to work in excess of the total guaranteed overtime hours, shall be compensated by the hour, see Model Agreement art.7. Modamosupoft202028 APPENDIX E Grievance Procedure NSA and AMOSUP have agreed to an amicable settlement of all disputes related to this collective bargaining agreement including disputes between their members, the shipping companies and the seafarers, see the introduction part, last paragraph page 1 and 2. As a result, the NSA and AMOSP agree that the following procedures shalll be followed for disputes between the shipping companies and the seafarers: 1. The Company and the seafarers shall refrain from filing any complaint before the POEA or any court or office in the Philippines without having exhausted first this grievance procedure. 2. The Company shall observe the following disciplinary actions when offended or dissatisfied with the seafarer's behavior or performance: 1) Erting officer shall receive @ written warning from head of department, senior officer or the master. The warning issued should also ask the officer to explain his/her actions in writing within 24 hours and indicate the possible consequences for him of hisfher actions. A notice of the waming should be entered into the ship's logbook. 2) When the officer's written explanation is received, the master will decide if further steps shall be taken or if the case should rest. If further steps should be taken, the procedure will be: @) If the master considers it necessary to terminate the contract of employment, the seafarer shall be duly informed. He will have the entitlements for termination pay and repatriation as prescribed in Article 5 c and d. ) If the master consider it possible that the seafarer should be dismissed, a hearing shall be summoned before a committee consisting of the master as a chairman and two other members appointed by the master. If possible one of the other members shall be chosen amongst the officer or crew group that the seafarer has belonged to. The hearing shall take place less than 14 days after the errors or similar has happened. The officer shall be notified about the hearing by a letter stating the charges/ infractions and containing the date, time and place of the formal board hearing/investigation The master/chairman shall question the seafarer and any witness who might be able to provide information in the case. The remaining members of the committee and the seafarer himself may ask questions to the witnesses, through the master/chairman or directly as the master/chairman decides. The submitted statements from the seafarer and the witnesses shall be entered into a special protocol. A copy of standard protocol which may be utilized is attached as Appendix "1" The statement shall be read out to those who have submitted them. If the masterichairman makes a decision in the matter, he/she shall state the Wet o ee