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EMPLOYMENT CONTRACT OF FISHING BOAT’S FISHERMAN

FBca JOHN ROWELL


(Name of Fishing Boat)

This employment contract of fisherman states the terms and conditions that govern the contractual agreement
between the boat owner of the FBca JOHN ROWELL __ having its principal place of business at Matayum,
Cataingan, Masbate, and Mr. Gildardo Ruel D. Tejero (Name of Fisherman) who agrees to be bound by this Contract.

WHEREAS, the FBca JOHN ROWELL is engaged in the commercial fishing business; and

WHEREAS, the boat owner Mr./Mrs Gildardo Rowell D. Tejero desires to employ and retain the services of
Mr. ______________________________ as __________________________(Position) as contractual basis according
to the terms and condition herein.

NOW, THEREFORE, In consideration of the mutual agreements and promises made by the parties hereto, the boat
owner and the fisherman (individually, each a “Party” and collectively, the “Parties”) understand and agree as
follows:

1. TERM. The term of this employment contract shall start on ________________________ and continue until
_____________________________.(Time Frame)

2. TERMINATION. Mr.________________________ agrees and acknowledges that, just as he has the right to
terminate his employment at any time for any reason but he has to pay first all the money owed from the
boat owner, damages, expenses incurred on trainings and application for MARINA/BFAR licensing which
were paid by the boat owner. By not doing so, the boat owner has the right to cancel or block his
MARINA/BFAR License and be subject to legal proceedings. The owner has the same right, and may
terminate the employment contract even within the time frame if he has violated the CODE OF CONDUCT OF
FISHERMEN/SEA NAVIGATOR as described on Exhibit C attached hereto.

3. DUTIES. Mr.__________________________ accepts employment with the FBca John Rowell on the terms
and conditions set forth in this employment contract, and agrees to devote his full time and attention
(reasonable periods of illness excepted) to the performance of his duties under the Agreement. In general,
he shall perform all the duties as described on Exhibit A attached hereto.

4. HOURS OF WORK. The hours of work shall be determined by the boat owner. After all the assigned work has
been done, the fisherman will be given time to rest and shall come back one hour before the voyage of the
vessel.

5. COMPENSATION. In consideration for the performance of the duties hereunder, Mr. ___________________
shall be entitled to compensation as described on Exhibit B attached hereto.

6. HEALTH BENEFITS. The fisherman who become sick (minor illness) while on a voyage will be granted a sick
leave without pay but he is entitled for a health allowance depending on the boat owner. Health allowances
shall be taken from the vessel’s income.
In the event of accident or incapacity while on board and it is work related accident, he will be provided
with medical care including medical treatment and the supply of necessary medicines and therapeutics
devises until his recovery. He will be given financial support depending on the boat owner up to a maximum
of 3 to 6 months or case to case basis. Financial support shall be taken from the vessel’s income.

In the event of death occurring on board or ashore during a voyage, financial support shall be given to the
immediate family of the fisherman and this will be taken from the vessel’s income.

7. OWNER PROCEDURES. The fisherman agrees and acknowledges that he shall comply with the boat owner’s
established disciplinary code as well as any other rules, policies, and procedures that may be introduced
from time to time.

8. NO MODIFICATION UNLESS IN WRITING. No modification of this Agreement shall be valid unless in writing
and agreed upon by both Parties.

IN WITNESS WHEREOF, each Parties has executed the Employment Contract and confirmed the acceptance
of the foregoing by signing below by both Parties , as of the day and year set forth below.

________________________________________ ______________
(Name and Signature of the Fisherman) (Date)
CTC Number:_____________________________
Issued at:________________________________
Issued on:_______________________________

________________________________________ ______________
(Name and Signature of the Boat Owner) (Date)

SUBSCRIBED AND SWORN to before me this _____th day of ______________________, 20_____ at

________________________________________, showing the affiant Community Tax Certificate Number as


shown above below his name.

__________________________________

Administering Officer
EXHIBIT A – DUTIES

In general, the duties of the Position to be filled by the crew applicant shall encompass the following:

LIST OF DUTIES

1. BOAT CAPTAIN
A. Obtains the required fishing license.
B. Plans and oversees the fishing operation, the fish to be sought, the location of the best fishing grounds,
the method of capture, the duration of the trip, and the sale of the catch.
C. Plots the vessel’s course using electronic navigational equipment or GPS navigation system.
D. Keep track of all the fishermen, especially when stopping at ports.
E. Must know also how to operate and repair all mechanicals and electrical devises.
F. He must stay in contact with the boat owner for incidents report and port procedures.
G. Oversees the hiring co- fishermen and assigns their duties. He also determines the number of fishermen
needed throughout the fishing time and conduct performance review of the fishermen.
H. Ensures that each fisherman receives the prearranged portion of the proceeds.
I. Oversees the ordering of food and supplies for the trip, and prepare the budget for the gear and
equipment, such as fuel, netting, cables, fishing bulbs and boat repair.
J. Oversees the maintenance of the boat and the fishing equipment, ensuring that it stays in good shape.

2. BOAT CAPTAIN’S ASSISTANT


A. Assumes control of the vessel when the boat captain is off duty.
B. Must be familiar with navigation requirements and the operation of all electronic equipment.
C. The assistant’s regular duty though with the help of the hepe de biyaje and under the captain’s
oversight, is to direct the fishing operations and sailing responsibilities of the fishermen, including
the operation, maintenance, and repair of the vessel and the gathering, preservation, disposing, and
unloading of the catch.

3. BOATSWAIN/HEPE DE BIYAJE
A. Directs/supervises the fishermen as they carry out the sailing and fishing operations.
B. Oversees maintenance of the deck and above-deck areas, performing daily inspections on
equipment such as generators.
C. Assigns duties to fishermen that range from cleaning and painting the deck.
D. Manages the purchase of all needed supplies of the vessels (Food, gear and equipment)
E. Keeps the financial records and proceeds of the catch and will remit the same to the boat owner
upon arrival from the voyage.
F. Oversees the docking of the boat.
G. Acts as proxy to the boat captain in communicating with the rest of the fishermen.
H. Ensures that the boat is sea-ready, and is capable for voyage/sailing.

4. MOTORMAN/ ENGINE MECHANIC


A. Obtains the require engine mechanic license.
B. Performs major and specialized mechanic overhaul and repair work on gasoline and marine engines,
and related marine equipment.
C. Clears and cleans all time the engine room.
D. Keeps the good working condition and order of the boat’s engine and equipment
E. Tests marine engines and equipment to determine need for repair and adjustments.
F. Purchases parts and supplies.
G. Assists in fabrication and repair of engines and equipment.
H. Reports to the boat owner the condition of the engine and equipment.

5. DECKHANDS/OTHER FISHERMEN
A. Before departure, the fishermen load equipment and supplies.
B. Repair fishing gear, equipment, generators, nets, and accessories.
C. Operate the fishing gear, letting out and pulling in nets and lines, and extract the catch from the
nets. Ice and ensure that the fish don’t spoil by storing them properly in the storage room and
dispose/unload the catch.
D. Ensure that the decks are clear and clean at all times

EXHIBIT B – COMPENSATION
An individual fisherman who is remunerated by a share of the boat’s catch, and whose share is dependent upon the
amount of the boat’s catch, shall receive one share from half of the net income. Except for the ice man, burigonan,
sentruhan and the generator in-charge, who shall receive an additional share.

The boat captain shall receive three shares

The motorman shall receive two shares but the second share shall be taken from the share of the boat owner.

The captain’s assistant shall receive _____ share.

The hepe de biyahe shall receive ____ share.

The Ice men shall receive _____ share.

The Sentruhan incharge shall receive _____ share.

The generator in charge shall receive _____ share.

EXHIBIT C: 10 MANDATORY RULES FOR FISHERMEN


UNDER THE CODE OF CONDUCT FOR SEA NAVIGATOR

Fisherman is a physically as well as mentally demanding job. Fishermen are required to stay extremely
disciplined not only during working hours but also during the spate time on boats.
Fishermen are also often required to work in unfavourable working conditions and confined environment,
which make them more susceptible to stress and strain. Thus, self- discipline coupled with positive attitude
is a must on board ships to avoid mistakes and any untoward incidents.

To ensure that fishermen act, behave, and work in a certain disciplined manner, the CODE OF CONDUCT
FOR FISHERMEN has been drafted in order that there is a reference/standard to which fishermen and boat
owners can turn to with regards to matters of discipline, decorum and conduct.

1. PUNCTUALITY
 Fishermen shall be punctual in every aspect of their life on board ships or reporting for watch-
keeping duties.
 Fishermen must value time on board ships. Delay of any kind of operation can lead to the delay
of the whole ship, resulting to loss of both time and money.

2. DRINKING
 Fishermen are prohibited to consumption of liquor on board and/or during navigation.
With the value of the boat and its cargo running into millions, navigating the boat under the
influenced of alcohol seems ridiculous in every way.

3. DRUGS
 Narcotics are a complete no-no onboard ( as well as ashore, while on shore leave).
 It is unlawful to consume, possess, or distribute drugs on board ships.
 Fishermen found guilty of consuming or possessing drugs, is liable to dismissal from his job and
also subject to legal proceedings.

4. WEAPONS
 Any kind of offensive weapons which can be fatal are not allowed on board ships.
 Fishermen found guilty of such acts is liable to legal proceedings and suspension.
Boat owner might allow to have a gun on board for the safety of the boat but under no
circumstances is the individual carriage of any weapon allowed on board.

5. CARRYING OUT OF DUTIES


 Fisherman is required to perform duties to the best of his abilities.
 It is necessary that fishermen properly understand their duties and obey all the commands and
instructions which are within their scope.(Refer Exhibit A)
 Fishermen should diligently carry out the duties that they are assigned.

6. SMOKING
 Smoking poses a threat to the safety of the boat when done near the engine room or in the file
of gasoline containers.
 Fishermen must be aware of the smoking rule policy. Do not smoke near the flammable
containers and at the engine room.
7. BEHAVIOUR TOWARDS CO-FISHERMAN ONBOARD
 Misbehaviour and bullying are not tolerated on board ships.
 Fishermen must not use abusive language including racism,and aggressive attitude towards co-
worker to prevent misunderstanding. This may lead to suspension of their conract and thus act
accordingly on board ships.

8. UNAUTHORIZED PERSONS ON BOARD


 Fishermen are not allowed to bring any unauthorized persons on board. This is to prevent any
untoward incidents that may arise during their entry.
 If the need arises, proper permits shall be obtained to facilitate any such entry. This is for
security reasons.

9. TREATMENT OF BOAT’S PROPERTY AND WORKING AREA


 Boat is not just the place for work but also the place of living. It is therefore important that
fishermen treat boat’s property and working area with respect and take proper care of the
same.
 Treat the boat like would treat your own home. This is where we earn for a living to provide our
family and therefore it must be treated with a level of respect.

10.UNLAWFUL ACTIVITIES
Apart from above-mentioned practices, there are certain unlawful activities and misconducts
fishermen should avoid that may lead to suspension of contract or subject to legal proceeding.
 Assault
 Wilful damage to boat’s property
 Persistent disobedience
 Leaving the boat without giving personal notification to the boat owner while on fishing time.
 Not reporting to work if the desired cash advance is not granted.
 Transferring to other fishing boat without asking approval from the boat owner.
 Not paying of owed money from the boat owner before leaving the boat.
 Actions endangering boat or person on board
 Continuous failure in performing duties
 Normal or cargo theft
 Actions compromising the safety of the boat
 Ill-treatment towards on board personnel

I do herby agree and will adhere to the Mandatory Rules for Fishermen promulgated by the boat
owner. I understand that failure to comply/follow the above-mentioned rules may be used against me and
I may be subject for legal proceeding.

________________________________________ ___________________
(Name and Signature of the Fisherman) (Date)

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