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    224 views26 pages

    Dutch Amosup CBA 2019.PDF 1

    Uploaded by

    Anthony Galvez

    Copyright:

    © All Rights Reserved
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    COLLECTIVE BARGAINING AGREEMENT FOR FILIPINO SEAFARERS ONBOARD NETHERLANDS NATIONAL FLAG VESSELS BETWEEN NETHERLANDS MARITIME EMPLOYERS’ ASSOCIATION (NEMEA) AND NAUTILUS INTERNATIONAL, NL ASSOCIATED MARINE OFFICERS’ & SEAMEN’S UNION OF THE PHILIPPINES (AMOSUP) January 01, 2019 - December 31, 2019 \W Lie ‘AMOSUP ~ NETHERLANDS Fiag Collective Bargaining Agreement 2019 AMOSUP NETHERLANDS FLAG 2019 COLLECTIVE BARGAINING AGREEMENT FOR FILIPINO OFFICERS AND RATINGS. ‘TABLE OF CONTENTS. ‘Att UNION SECURITY. 2 ‘Ad.2 DURATION, EFFECTIVITY AND SCOPE OF APPLICATION 22 ‘At 3 HIRING, 8 ‘Att 4 COMMENCEMENT AND DURATION OF EMPLOYMENT... “8 ‘Att. GENERAL POLICY OF EMPLOYMENT. rmenotoenemsensinn 3 ‘At.6 TERMINATION ———— 4 ‘At.7 TRANSPORTATION AND CONVEYANCE. 4 ‘At.8 REPATRIATION 5 ‘At.9 WORKING HOURS, OVERTIME, WATCHKEEPING (RATINGS), REST PERIOD, NON SEAFARER WORK.... 5 ‘At. 10 HOLIDAYS. 6 ‘11 PAID VACATION oo on 8 At 12 SALARIES. 7 ‘At 13 SENIORITY BONUS, FIXED BONUS AND CHRISTMAS BONUS... 7 At 14 MANNING. 7 ‘Att 15 SUBSISTENCE " 7 ‘Att 18 SHIPBOARD DISPUTE / GRIEVANCE PROCEDURE. 7 ‘Att 17 HOSPITALIZATION MEDICAL AND DENTAL SERVICES... 9 ‘Ait 18 MEDICAL AND SANITARY EQUIPMENT. ° ‘A198. JOB SECURITY. 9 ‘Att 20. WAR BONUS - SERVICE IN WARLIKE OPERATION AREAS ‘Aft 21 SOCIAL SECURITY SYSTEM AND PHILHEALTH, ‘Af. 22 _LIFEJDISABILITY INSURANCE, WELFARE MUTUAL BENEFIT PLAN ‘Aft 23. THE FAMILY MEDICAL AND DENTAL PLAN ‘Aft 24 SAILOR'S HOME. Ait 25 THE FAMILY CARE PLAN... ‘Art 28 CREWS EFFECTS At27 OTHER FACILITIES. Art 28 TRAINING. ‘Att 28 PROVIDENT PLAN ‘At 30 SAFETY PROGRAM ‘Att 31 SHIPMENT OF REMAINS. ‘At.32 SEAFARER'S TRAINING, UPGRADING AND EDUCATION PROJECT ‘Att 33 FAMILY PLANNING, ‘Att 34 TABLE OF OFFENSES AND MAXIMUM PENALTIES... ‘Att 35. LABOR-MANAGEMENT COOPERATIVE SCHEMES ‘Att.36 COMMUNICATION ‘Ait 37 AUTHORITY OF THE MASTER. ‘Att 38 JURISDICTION. ‘At.39 DECLARATION OF NULLITY... ‘Att 40 CASH MONEY ON BOARD. ‘At.41 CONFLICT WITH CONTRACT PROVISIONS. ‘Appendix ‘A"- DUTCH FLAG WAGE SCALES 2019 ‘Appendix "At" ~ NETHERLANDS WAGE SCALE FOR OFFICERS (EFFECTIVE JANUARY 01, 2019) 16 ‘Appendix "At.1" ~ NETHERLANDS WAGE SCALE FOR RATINGS (EFFECTIVE JANUARY 01, 2019) voce ‘Appendx“A2" ~ NETHERLANDS WAGE SCALE FOR OFFICERS FOR NON KVNR (EFFECTIVE JANUARY 01,2019)... 18 ‘Appendix "A2.1" ~ NETHERLANDS WAGE SCALE FOR RATINGS FOR NON KVNR (EFFECTIVE JANUARY 01,2018) wv 98 ‘Appendix "A3" ~ FILIPINO CADETS ON BOARD NETHERLANDS FLAG (EFFECTIVE JANUARY 01, 2018) ss. 20 ‘Appendix 5" - TABLE OF OFFENSES AND MAXIMUM PENALTIES ae 2 ‘Appendix 0" - LIFE INSURANCE COVERAGE COST ‘Appendix D"- SENIORITY BONUS AND FIXED BONUS. ‘Appendix E" - LIST OF COVERED VESSELS/CREWLIST .. 23 24 25 Paget |AMOSUP ~ NETHERLANDS Flag Collective Bargaining Agreement 2019 COLLECTIVE BARGAINING AGREEMENT FOR FILIPINO OFFICERS AND RATINGS ON BOARD NETHERLANDS FLAG VESSELS ‘KNOW ALL MEN BY THESE PRESENTS: This Agreements made and entered ito at Mani, Philippines, this 22 day of October 2018 by and between: ‘The Dutch shipowners association the Netherlands Maritime Employers Association (NEMEA), herein refered to as the “"SHIPOWNERS ASSOCIATION”, on behalf of thir members, each member herein refered to 2s the "COMPANY": Its Understood that “COMPANY” means: a member of one of the SHIPOWNERS ASSOCIATION with whom or on whose behalf the offcer or ating has his employment agreement “AND- ‘The ASSOCIATED MARINE OFFICERS’ & SEAMEN'S UNION OF THE PHILIPPINES (AMOSUP),affilte of the PHILIPPINE TRANSPORT AND GENERAL WORKERS ORGANIZATION, an affiliate of |. a labor organization duly registered withthe Department of Labor and Employment, herein represented by ts President, DR. CONRADO F. OCA, wah principal office atthe Seamen's Center, Cabido cor. Sta. Potenciana Steels, Intramuros, Marila, 1002 Philippines, ‘and NAUTILUS INTERNATIONALNL with principal offce at Schorpioenstraat 266, 3087 KW, Rotterdam, Netherlands, herein represented by ts Executive Ofcer MARCEL VAN DEN BROEX, hereinafter refered to asthe "UNIONS". WITNESSETH: THAT WHEREAS, the UNIONS are the sole and exclusive representatives of all Flipino crewmembers forthe purpose of Collective Bargaining Agreement on board Nethertands Flag vessels. WHEREAS, it Is tho desie of the partes to this Agreement to promote and maintain harmonious relations between the COMPANY and the UNIONS based on mutual respect of rights which wil serve the best inlrest of all concemed; NOW THEREFORE, for and in consideration of the above premises and of the folowing covenants and ‘conditions, he SHIPOWNERS ASSOCIATIONS and the UNIONS agree as follows: Art.4 UNION SECURITY; UNION DUES 4 ‘The SHIPOWNERS ASSOCIATION and the COMPANY recognize the UNIONS 2s the sole and exclusive collective bargaining representative of al Flipino officers and ratings on board vessel/ 12 ‘All officers and ratings covered by this Agreement employed from the Philippines on board any vessel onned, chartered or operated by the COMPANY, shall 35 a condtion of their employment in this COMPANY, be ‘members of AMOSUP and maintain their membership in-good-standing in accordance with the Constitution and By Laws of AMOSUP. 13 ‘The COMPANY agrees that offcers and ratings who maybe employed after the signing ofthis Agreement, shall be drawniselected from among the qualfied members in the AMOSUP RESERVE POOL and ‘upon ‘employment on board any vessel all such officers and ratings shall maintain their membership In-good-standing in accordance withthe Constitution and By Laws of AMOSUP as a condiion of thelr continued employment withthe COMPANY. 14 ‘A copy of this Agreement shal be made avaiable to al officers and ratings onboard the vessel by posting same in a conspicuous area ofthe vassal accessible to all offiers and ratings. 15 During the lifetime of this Agreement, the COMPANY agrees to deduct from the salary of each member of ‘AMOSUP and remit to AMOSUP, membership dues and assessments levied in accordance wih the ‘Constitution and By Laws of AMOSUP upon receipt ofthe coresponding written authorization from AMOSUP. Art.2 DURATION, EFFECTIVITY AND SCOPE OF APPLICATION 24 ‘Subject to the provisions hereinafter provided, this Agreement shall be in effect fora period of one (1) yoar fiom 01 JANUARY 2019 to 31 DECEMBER 2019. Howover, in he event that a vessel I on an incomplete ‘voyage atthe time of expiration of this Agreement, shal automaticaly be extended to the date of aval atthe next major pot if renewal isnot mutually open where repatriation of crew could be arranged without interering ‘withthe normal operations of the vessel. However, if renewal of this Agreement is mutually agreed upon, the ‘officer or rating shall continue to work uni a new agreement is formalized, 22 Parties may one year ater signing ofthis agreement discuss possible amendments. Such discussion wil nly {ake place if all of the parties agree to have such discussions. Amendments will only be made with the consensus of al parties, 23 ‘Applicaton ofthis CBA, including the wage scales as mentioned in the ix and At.t of the CBA, is only permitted, ithe folowing conddions are met: =the Company is a member of Nemea and + the Dutch flag vessel which wil be manned with Fiipino seafarers is a yhember of Royal Association of "Nethertands Shipowners (KVNR) e2 32 33 34 53 54 AMOSUP ~ NETHERLANDS Flag Collective Bargaining Agreement 2019 lWtese conditions are not met, application ofthis CBA is only permite ithe Seafarer is being paid according to the “non-KVNR member wagescales", Appendix A2 and A2.1 whic includes the non-KVNR differenti For Inques please email

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