Au AA Mh a TA a Th ah ba Mya Tha Ue ab Mb ae be I THE NATIONAL MARITIME BOARD (INDIA) Section I ‘Foreign Going Ratings 2015-2019THENATIONALMARITIMEBOARD (INDIA) CONTENTS A SECTION 1 - FOREIGN GOING RATINGS 5 . PARTI a ‘A._The National Maritime Board (India) Introduction 3 = B. Constitution Of The National Maritime Board (India) 46 = PARTI ‘Memorandum of agreement 7 ‘A) Applications, Savingsand Emergencies 9 Application 9 2. Savings Clause 9 3._ Emergencies 9 'B) Recommendations 9 1._Accommedation Ashore 3 2._Inspection Of Crew Quarters 9 ¥ 3,__ Transportation Of Seamen's Personal Effects 9-10 = 4. Officers Wives-Allowances To G.S. 10 iz 5. Provisions 10 6. CrewMail 10 = 7._ Amenities: 10 ws 7. Internet Connection 10 ¥ 72 VisaFees 10 mf 7.3. Shore Leave 10 be 7.4_ Recreational Facilities 10 = 8. Death OnArticles 10 = 9, Special Remittances = ©) Compliance with Maritime Labour Convention Requirements i PARTI ‘A,_ Decisions of the National Maritime Board (India) Regulating Conditions of Service 15 1,_Effeetive Date and Duration 15 2._Joining Expense Payable To Foreign Going Ratings 15-16 3._ OnBoard Wages: 16 3.1_ Basie Wages 16 Mh i3.2. Fixed Ship Board Allowance 16 3.3__Variable Shipboard Allowance 17 3.4 TankerAllowance 7 3.5 Leave Wages 18 3.6 Overtime Compensation 18 3.7_ShortHand Money 18-19 3.8 Payment Of Special Allowances For Certain Specified Duties 19 3.9 Hatch Cleaning (But Excluding Tank Cleaning) 20 3.10 Lighterage Allowance 20 3.11 Storage Tanker Allowance 20 3.12 Prolonged Service Benefits 20 B_ MiscellancousAllowances 20 L._Porterage & Conveyance while boarding and signing offthe ship 20-21 ii, Conveyance For Visiting Company’s Office 21 iii, Boarding & Lodging Allowance 21 iv. HighRisk Areas 21 \._ Inconvenience Allowance During Lay-Up, Heavy Repairs And Dry Docking In India Or Abroad 21 vi._ Special Allowance On Ships Carrying Radioactive Materials 21 vii, Anti-Piracy Watch 21 ‘C._ Compensatory Benefits 21 1. Medical Benefits After Selection 21-22, 2._ Medical Benefits After Being Discharged ill orInjured 22 3._ Death And Disability Compensation 23-24 4._ Severance and Redundaney Compensation 24-25; D._ Social Benefits 25 1._ Provident Fund Contributions 25-26 2. Gratuity Contributions 26 3._ Paymentof Gratuity 26-27 4. Additional Voluntary Contrib 27-28 5__NMB Rehabilitation Fund 28 6._ Pension/Annuity Fund 28 7__ Welfare Fund 28 8. Contribution To Indian Sailors’ Home Society, Mumbai and Nabik Griha Samiti, Kolkata 28AM WM Mae thy Mab bh Tab Mb ab hh ab tah) E. General 28 1. Baggage Transportation 28 2.__Loss of Personal Fifeets 28 3._FlightInsurance 29 4._Launch Service 29 5._ Travel By Sea 29 6, Travel Fare 29 7._ Travel On Company Account 29 8._National Holidays & Additional Paid Holiday Oa Board 29-30 9._ Working On National Holidays 30 F_Normal Hours OF Work 30 1, General Conditions Regulating Hours Of Work 3031 2. Period OfRest 31 3._Look-Out Duties-Deck Ratings 31 4, Watch-Keeping Engine Room Ratings 31 Minimum Period On Duty Catering Ratings 31 6._ Minimum Period Off Duty- Catering Ratings 31 7._ Spread Over 31-32, 8.__Minimam Overtime Payment 32 9._ Overtime Compensation-Exempted Categories 32 10. Shore Leave 32 G__Seamen/Helmsmen Training 32 1. Seamen/Helmsmen Training 32 2. Seaman Helmsman Certificate Allowance To Seaman= 3233 H._ Manning Arrangements 33 1. General Rule 33 2. Crew Cook 33 3._ Rationalization Of Categories 33 4._ Definition OF In Port” 3 5._ Supply Of Uniforms: Uniform Making Allowance 34 6._ Supply Of Gloves 34 7._ Supply Of Overalls And Working Shoes 34 8._ Supply OF Warm Clothing 34-35 9._ Carrying Of Supernumeraries 35 10._ On Board Messing Amangement 3511,_NoFood Supply OnBoard 35 12,_ Notional Manning 35 13._Inter-Departmental Flexibility Manning. 36 14. Discipline 36 PARTIV A._StatutoryProvisions 39-41 B. SalientFeatures OF ‘The Seaman’ Provident Fund Act, 1966(No. 4 of 1966) 414s C._ Gratuity Scheme 45-50 ANNEXURE A Basic Wages & OT Rates for FGRatings si —Ab aa aa Aaa ae Kabab fab abba MM bt tA) Ab Part I NATIONAL MARITIME BOARD (INDIA) A) INTRODUCTION B) CONSTITUTIONBAM a Mb Wy aby Mb hab bh ab Mb hab bh a Me Mb PARTI ANATIONALMARITIMEBOARD(INDIA) A.INTRODUCTION ‘The principal decisions of the Board are reproduced in the following pages based on agreements reached at the meetings of the Board held on 1) 2nd = NMBMeeting - November 1957 ii) Sth = NMBMeeting - December 1959 ii) 8th NMBMeeting - April 1962 iv) 9th NMBMeeting - May 1965 v) Mth = NM.BMeeting - August 1966 vi) 12th NMBMeeting - October 1966 vii) 13th = NMBMeeting - May 1968 vill) 14th N.MB.Meeting - November 1968 ix) 15th © NMBMeeting - November 1970 x) 18th = NM.B-Meeting - February - 1973 xi) 20th = NMBMeeting - November 1973, xii) 21st = N.MBMeeting - November 1974 xiii) 22nd = NMBMeeting - Nov/Dec 1975 xiv) 24th NMBMeeting April 1977 xv) 25th = NMBMeeting - NowDee 1977 xvi) 26th N.MB.Meeting - Feb/March 1980 xvii) 27th NMBMeeting - January 1982 xviii) 26th | NM.BMeeting - October 1982 xix) 29h | NMBMeeting - March 1984 xx) 30th = NMBMeeting = March 1986 xxi) Ist NMBMeeting - October 1986 xxii) 33rd NMBMeeting = May 1988 xxiii) 34th N.M.BMecting - March/April 1990 xxiv) 35th = NMBMeeting = May 1992 xxv) 36th = NMBMeeting = October 1993 xxv) 37th = NMBMeeting - June 1994 xxvii) 38th N.M.BMeeting - May/June 1996, xxviii) 39th =“ NM-BMeeting - May/June 1998 xxix) 40th = NM.BMeeting - July 2000 xxx) dist. = NIMBMeeting - September 2002 xxxi) 42nd N.M-BMeeting - September 2006 (MoA26-9-2006) xxxii) 43rd NMBMeeting - February Senso 7-0-8 seedy Hen BontayHighCoun xexiii) 44th N.M-BMeeting = February signcinn!791.08 seedy HoaBomtay gh Coat xxiv) 45th = NMBMeeting - Feb 2012 xxxv) 46th = NM.B.Meeting - April 2016 ‘This booklet does not in all eases reproduce the actual text of the National Maritime Board (India) ~NMB (1) agreements. In the event of doubts a to the actual intention of any agreement, reference should be made tothe original text,and/orthe Minutes ofthe relevant meeting ofthe BoardB) CONSTITUTION OFTHE NATIONAL MARITIME BOARD (INDIA) 1. Objects: With a view of securing closer cooperation and providing joint Negotiating Machinery between Shipowners/Employers and Union (s) representing Indian Seafarers, holding Indian CDC's and /or engaged on Indian Articles of Agreement or other Indian Government accepted seafarers Agreement, the National Maritime Board (India) shall be constituted for the purpose of the 1) Prevention and adjustment of differences between Shipowners/Employers and Seafarers b) Establishment and revision of rates of wages and other conditions of service and maintenance thereof. ©) Consideration of such other matters of common interest as may be mutually agreed upon from time totimeand d) Maintenance ofharmonious industrial relations. For the purpose of the NMB (I) the definition of “seafarers” will mean ratings and petty officers. 2. Members: The National Maritime Board (India) shall consist of an equal number of Members representing on each side Shipowners/Employers and Union(s) representing Indian Seafarers and its total strength shall be determined mutually from time to time, Until itis revised, it shall consist of six members on each side. The Indian National Shipowners Association (NSA) representing Indian Shipowners shall nominate six Members of which two members shall be representative of Foreign Shipowners/ Employers employing Tadian seafarers, such members shall be nominated in consultation with Maritime Association of Shipowners' Shipmanagers & Agents (MASSA). The six Shipowners/Employers Members are referred to hereafteras the Shipowners' Side of the Board. ‘The Shipowners' Side shall decide from time to time which Union is most representative of Indian Seafarers for the purpose of recognition and collective bargaining as well as for the promotion of the defined objects of the Board, ‘The decision of the Shipowners' Side in this regard shall be final and binding. Recognition shall not be withdrawn unless three months prior notice is given. The Seafarers’ Side shall consist of six members, Four members shall presently be nominated by the National Union of Seafarers of India (NUSI), ‘Mumbai; the other two members shall be nominated by NUSI, Mumbai in consultation with the Union(s) representing seafarers from Kolkata. The six Union members are referred to hereafter as the Seafarers’ Side of the Board, 3. Special Committee: The National Maritime Board (India) shall have the power to appoint Special Committee for specitic purposes with a view to facilitating the work ofthe Board. 4. Meetings: ‘Meetings of the National Maritime Board (India) shall be convened when in the opinion of either side or of the Board or any of its Special Committees a question has arisen. When itis desirable it should be submitted for the consideration of the whole Board. Meetings shall be held at Mumbai or such place in India as may be mutually agreed between thetwo sides Ty yt i 1 = mairw 1 &5. Quorum: A quorum of the Board shall be four (4) members on each side of the Board. When amember of either side cannot attend a meeting, the Organization by which he is appointed may appoint for that meeting an alternate member with the right to vote. 6. Chairman: ‘The Members shall elect a Chairman for each meeting from amongst those Members present. The Chairman shall not havea casting vote. = = 7. Secretariat: = The Secretarial work of the Board shall be placed in charge of two Secretaries who shall be nominated by = y the Shipowners' and Seafarers’ Sides respectively. The Secretaries shall be stationed in Mumbai, until a = change is decided by the Board. = 8. Duties of Secretaries: _ It shall be the duty of the Secretaries to convene meetings of the Board in consultation with the two sides of = the Board, take minutes of the proceedings thereof; attend all Committee meetings and take minutes of the ~ proceedings thereof, maintain financial records and perform such other functions and duties as may be = assigned to them by the Board. = = xs = ~= a) The Secretary, Shipowners' Side and Secretary, Seafarers’ Side will sign the final agreement on behalf of Shipowners' Side and the Seafarers' Side respectively. b) The Secretary, Seafarers’ Side will forward consolidated Charter of Demand (COD) to Secretary, Shipowners Side for its consideration and discussion during the NMB (I) negotiations. 9. Tenure of Agreement: ‘The tenure of any NMB (I) agreement shall be fora minimum period of four years from the expiry of the last agreement and the existing agreement will continue until revised alongwith the savings clause. 10. Voting: Te voting, both in the Meetings of the National Maritime Board (India) and in any’ ofits Special = ‘Committees, shall be usually by show of hand or otherwise as each meeting may determine. No resolution = shall be regarded carried unless it has been approved by the majority of the members present on each side. -_ ‘The Chairman shall have no casting vote. The majority vote on either side shall be regarded as a vote —_ binding on all members of that side. = Provided that any resolution amending this Constitution or any part thereof shall require a two thirds = majority of members present on each side and voting before itcan be adopted. = 11. Finance: = ‘The Shipowners' and Seafarers Organization (s) represented on the Board shall be responsible for the = expenses of their members attending meetings of the Board, but all other expenses, unless otherwise determined shall be met by the two sides of the Board in such proportion as may be mutually agreed between them. 12. Special Representatives: Either the Shipowners' or the Seafarers' Sides shall have power to summon by general consent to any Meetings of the Board or any of its Special Committees, such additional approved representatives not necessarily members of either Sides, who may be co-opted when in the opinion of the Shipowners’ or the = 5Seafarers’ Sides this course would be likely to contribute to the fuller attainment of the Objects of the Board, butsuch co-opted members will have no voting powers. 13, Obligation of Parties: a) No interference with the supply of seafarers or stoppage of normal work by seafarers, no boycott, no strike, no lockout, etc, shall take place until any difference or dispute between the shipowners and the seafarers has been referred to and dealt with without delay by the Board or its appropriate Committee, ifany. b) No indemnity, strike-pay assistance or encouragement direct or indirect, shall be afforded by either side or by any person or persons failing to submit a difference or dispute to the Board or its appropriate Committee, ifany. c) Any individual member of the Board who infringes the provisions of Clause 13 (a) or (b) above shall cease to be member of the Board. 4) Itwill be an obligation on the memberlines of INSA and MASSA (Shipowners' Side) to ensure that they will follow the terms and conditions of the National Maritime Board (India) agreement in totality as agreed. 14, Amendment to the Constitution: The Board shall have the power from time to time by two-thirds majority of members present omeach side and voting to amend or add to this Constitution in such way as it may think-ft at a Special Meeting. Thirty days’ notice of the actual proposed alteration and the Special Meeting shall be given before the date of such, meeting. 15. Dissolution of the National Maritime Board (India): The Board may be dissolved by either Side on three months’ notice being given in writing to the other Side. Revised Constitution agreed to by the National Maritime Board (India) on Twenty Third Day of July Two ‘thousand and fifteen. it a pp fy 44 Vi itPART II A) APPLICATIONS, SAVINGS AND EMERGENCIES B) RECOMMENDATIONS Cc) COMPLIANCE WITH MARITIME LABOUR CONVENTION REQUIREMENTSA) APPLICATIONS, SAVINGS AND EMERGENCIES 1) Application 1.1. All the terms of these Agreements shall be applicable to all categories of seamen engaged on offshore Indian Articles of Agreement and shall be binding on all the Shipping Companies employing seamen on such Articles of Agreement, and shall continue to be in force until amended bya fresh agreement, 1.2. No category of seamen shall be signed on the Articles of Agreement on rates of wages lower than the National Minimum rates applicable to the respective categories concemed or paid less. ‘The agreements incorporated in the booklet supersede all previous agreements unless otherwise so specifically stated. 13. The following clause has been adopted by all Sections of the Board for insertion in the Indian Articles of Agreement (Offshore Vessels) “Any agreement reached by the National Maritime Board (India) dealing with wages and conditions of service shall be deemed to be embodied in the Articles of Agreement (so long as it does not conflict with the Jaw, and the terms of the Articles of Agreement) and any alteration of wages or of the said conditions shall be effective from the dates agreed to by the Board, provided that any disputes and differences arising out of the National Maritime Board (India) agreement shall be left for settlement to the parties to the National Maritime Board (India) Agreement". 2. Savings Clause Notwithstanding anything contained in this Agreement, no rating of any category shall stand prejudiced of any benefits or privilege given to him as per earlier agreements except to the extent that they are revised by this Agreement. 3. Emergencies (effective from 1-5.1962) Seamen shall perform extra work without overtime compensation as required due to any emergency affecting the safety of the vessel, passengers, crew or cargo (of which the Master shall be the sole judge) or boator fire drill, or forthe safety of seamen or passengers remaining on board. B) RECOMMENDATIONS 1. Accommodation Ashore (effective from 1.1.1976) 1. Itis recommended that seamen on Articles of Agreement who have to be accommodated ashore shall be provided with clean quarters of a reasonable standard including adequate and hygienic sanitary facilities. Shore accommodation is also to be provided when crew accommodation on board becomes uninhabitable during the period vessel is undergoing repairs in dry dock. 2, Seamen on Articles who have to be accommodated ashore outside India shall be provided with clean accommodation of reasonable standard including adequate and hygienic bathroom and sanitary facilities. So far as is reasonable and practical, the accommodation provided shall be in single/double occupancy rooms (effective from 1-1 -78). 2. ~ Inspection of Crew Quarters effective from -1.1.1968) 2.1 The Master's inspection of Crew accommodation should be carried out during normal working hours so as notto disrupt the leisure hours of crew. 3. Transportation of Seamen's Personal Effects (effective from 1.1.1968) 93.1 The Owners shall bearthe cost of transporting scamen's personal effect, excepthand baggage which is the responsibility of the seamen, when seamen are: a) Joining a Vessel :- From the Muster- point at the port of engagement specified by the Owner to alongside the vessel. Thereafter the Seamen' shall be responsible for transporting their personal effects on board the vessel; 'b) Returning to their port of engagement :- From alongside the ship to the Customs Examination at the place of entry in India and then to the dispersal point at the port of engagement, ©) Ship to ship ‘Transfers :- From alongside the ship which a seaman is leaving to alongside the ship ‘towhich a seamanis being transferred. 4. Officers’ Wives - Allowance to G. S. (effective from 14.11.1968), When officers! wives and/or families are allowed to accompany. their husbands on board ship, the Officer concerned should be advised that apart from any overtime which may be payable, itis his responsibility to reward suitably the Steward assigned to him for any work or service which he is called upon to provide in addition to his normal duties. 5. Provisions Suitable refreshments, namely, tea or coffee with sugar and milk along with two slices of bread, butter and jam and two biscuits shall be made available toratings on night duty including watch keepers. 6. CrewMail Employers agree to recommend to Masters that when conditions are such that itis not possible for ratings to post their letters ashore, provision shall be made for collection and dispatch of Air letters on board the vessel. * 7. Amenities 7.1 InternetConnection ‘The Company will provide free e-mail facility only without attachment toall categories ofratings subject to availability. 1.2 VisaFees Allvisa and visa related expenses will be bome by the Shipowners. 73, Shore Leave fany seafarer while employed on board desires to visit the port, same is to be organized by the Shipowners provided itis permissible under portregulations 74 Recreational Facilities ‘The shipowner shall provide recreational facilities as required on board the vessel including technical books forthe development of the seafarers. 8. Death OnArticles ‘After discussion the Board agreed that reference under Agenda 102) of the Minutes of the 31st Meeting of the NMB (1) held on 31st October, 1986."Death on Articles" is to be interpreted as providing where this is practical and feasible for the repatriation of the body of the seafarer to his home town at the expense of the employer. Preparation of the body shall be made pending confirmation from the next of kin. The other conditions governing such repatriation, as stipulated in the Minute 10(2) of the 31st meeting of the Board are toremain in force. 10Wb , l kh + Ls Us UU Wh Uy Mb Uh kh i \ 9. Special Remittances ‘The Board recommended that requests made by seamen for special remittances are expeditiously attended to by the Shipowners Agents. ©) COMPLIANCE WITH MARITIME LABOUR CONVENTION REQUIREMENTS, ‘The National Maritime Board (India) -(NMB(1) Agreement dated 02.04.2016 signed at Mumbai has been mutually agreed to by the Shipowners’ Side and Seafarers' Side to this Agreement. 1s 10. ML ‘This Section applies to Ratings employed on board Foreign-going vessels. For the purpose of this Addendum to the Agreement, the term "Seafarer” or “Seaman” shall mean Ratings. ‘The NMB (1) Agreement forms all or part of a seafarers' employment agreement, anda copy of the Agreement shall beavailable on board. Statutory Provisions: Laws and Rules promulgated by Govt. of India under the Merchant Shipping Act, 1958 shall be applicable to all seafarers and considered to be included in the NMB (1) Agreement. ‘The employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited. "No Seafarer below the age of 18 years shall work during night hours. Shipowners shall ensure that hours of rest for seafarers are regulated as per the mandatory STCW 2010 provisions. Any ‘Trainee required to work during the night shall do so under supervision and as determined by the company Payment of Wages: It has been agreed that the procedure followed in this respect is in accordance with the Merchant Shipping Act, 1958 and meets the requirements of MLC 2006. Shipowners shall provide and maintain decent accommodation and recreational facilities for seafarers Working on board consistent with promoting seafarers’ health and well beings and serve food and drinking water of good qulity, nutritional value and quantity that adequately covers the requirements of the ship and is free of charge to the seafarer. Seafarers shall not work on a ship unless they are certified as medically fit td perform their duties. Shipowners shall ensure that all seafarers are covered by adequate measures for the protection of their health and that they have access to promptand adequate medical care including essential dental care while working on board at no cost to the seafarer and when in need of immediate medical care are given access tomedical facilities ashore. ‘Shipowners shall ensure that its ships have on board complaints' procedures as prescribed by the Directorate General of Shipping for effective and expeditious handling of seafarers’ complaints, alleged breaches of this agreement and or provisions of MLC 2006. un= | = = = = ub Ui PART. IIT A. DECISIONS OF THE NATIONAL MARITIME BOARD (INDIA) REGULATING CONDITIONS OF SERVICE. (EFFECTIVE FROM IST APRIL, 2015 AND SHALL CONTINUE UPTO 31ST MARCH, 2019) B. MISCELLANEOUS ALLOWANCES C. COMPENSATORY BENEFITS 2 D. SOCIAL BENEFITS E, GENERAL F. NORMAL HOURS OF WORK G. MANNING ARRANGEMENTS 13A. Decisions of the National Maritime Board (India) Regulating Conditions of Service, (Effective from 1st April, 2015 and shall continue upto 3 1stMMarch, 2019 until revised) th 1d 12 Effective Date and Duration Ithas been mutually agreed between the Seafarers' side and the Shipowners’ side of the NMB() that the Agreement shall be effective from Ist April, 2015 and shall continue up to 31st March, 2019 and thereafter, until revised by afresh agreement, with the following conditions: (i) There will be increase of 7.5 percent in the monthly basic wages for period of from Ist April, 2015 to 31st March, 2016. The Shipowners have agreed to pay this amount will be given as Arrears on basic wage related items. (i) There will be an increase of 10 percent in the monthly basic wages for the period effective Ist April 2016103 1stMarch, 2017. (iii) There will be an increase of 7.5 percent in the monthly basic wages for the period effective Ist April 2017 to 31st March, 2018. (iv) There will be an increase of 5 percent in the monthly basic wages for the period effective Ist April 2018 to31stMarch, 2019. a) _Ithas been agreed between the Seafarers’ Side and Shipowners’ Side of the NMB (1) that the arrears amount payable to individual rating as per Clause 1.1 (j) above will only be paid after deducting 5 percent on the gross amount of the arrears. This arrears amount will be deducted by the shipowners before effecting the arrears payment and will be deposited only with the Unions representing on the Seafarers’ Side of the National Maritime Board (India) -NMB (0). b) _Itis further agreed between the Seafarers’ Side and Shipowners’ Side of the NMB (0) that after the selection of the Seafarers. a letter giving their consent towards deduction of the emberships as well as one monthly Ex-gratia for a period of one month will be taken by the Shipowners and the amount will be deposited only with the Unions represented on the Searfarers Side ofthe National Maritime Board (India) NMB (). ©) Allmemberlines of NSA and MASSA will abide by the NMB (1) agreementin totality. Joining Expense Payable To Foreign Going Ratings: (w.e.f 1st April2012) (i Allthe categories of Foreign Going Ratings, on their signing on their Articles of Agreement, will be paid “Joining Expense” at the rate of Rs. 1,150/- (Rupees One Thousand One Hundred Fifty only) per month or pro-rata for their On Board sea service period. (ii) All the categories of Foreign Going Ratings will be paid an advance equivalent to 4 (four) months’ amount calculated at the rate of Rs.1,150/- per month or pro-rata as “Joining Expense” prior to their signing the Articles of Agreement and boarding the vessel. Such advance amount paid will be adjusted from the total amount due to such rating on account of “Joining Expense” at the time of them signing off the vessel. The employer of such rating will provide for requisite logistic support including hotel accommodation wherever applicable while boarding and signing offthe vessel. Explanatory Note: ‘The amount of “Joining Expense” payable to all the categories of Foreign Going Ratings covers Retention ‘Wages and Subsistence Allowance payable to such rating towards their waiting period for posting and pre- joining the vessel as well as their waiting period after signing off from such vessel till settlement of their dues. A total period of 22 days is taken for calculation of “Joining Expense”. The said amount also covers Repatriation Cost (towards 2nd Class Sleeper Rail Fare Or Bus Fare) from hometown to Employer’s Office 15for his reporting on duty and boarding the vessel. Also, Repatriation Cost (towards 2nd Class Sleeper Rail Fare or Bus Fare) from Port of Discharge of such vessel or from Employer’s Office to such rating’s hometown. 3. OnBoard Wages 3.1. Basic Wage 3.1. @ The Basic Wages and Allowances of all categories of ratings working on Foreign Going stands revised from 01/4/2015 to 31/3/2019 as under: For the period 01.04.2015 to 31.03.2015 by 7.5% (Seven & half percent) For the period 01.04.2016 to 31.03.2017 by 10% (Ten percent) Forthe period 01.04.2017 to 31.03.2018 by 7.5% (Seven & half percent) Forthe period 01.04.2018 to 31.03.2019 by 5% (Five percent) (Please refer to Annex A) 3.1. (ii) The Basic Wages shall be increased by 10% (Ten percént) for continuous period of Articled service between the Ist day of the 9th (ninth) month and the last day of I 1th (eleventh) month, The Basic Wages shall be further increased by 25% (Twenty five percent) for continuous period of Articled service from the Ist day of the 12th month. 3.1. (fii) The 10% (ten percent) and 25% (twenty five percent) increase in Basic Wages for service between the first day of the 9th (ninth) month and the last day of the 1th (eleventh) month and for continuous period of Articled service from the first day of the 12th (twelfth) month respectively, as stated in Clause 2.2 above, as prescribed In the Articles of Agreement, shall be reflected and reckoned for the purpose of Overtime andall other related items. 3.1. (iv) In respect of Overtimeé, this agreement isto be interpreted as meaning that the aggregate of Basic ‘wages and the inerease in Basic Wages beyond 9 (nine) and 11 (eleven) months respectively shall be the rate of Basic Wages for the purpose of application of Overtime rates. For revised Basic Wages refer Annex A 3.2. Fixed Ship Board Allowance 3.2 (i) With effect from Ist April, 1998, the Supplement and the Seniority Supplement, paid to all conventional categories of seamen prior to 1998 NMB Agreement, shall be merged and called the Fixed Shipboard Allowance. This Allowance shall only be paid for service on Articles. 3.2 (ii) With effect from Ist April, 2008, all conventional categories of seamen shall be paid a Fixed Shipboard Allowance of Rs.2,400 permonth (Rupees Two Thousand Four Hundred) 3.2. (iii) The Fixed Shipboard Allowance shall be available as an advance on signing the Articles. 3.2 (iv) The Fixed Shipboard Allowance shall only be paid for service on Articles. It shall be increased - by 10% (ten percent) for continuous period of Articled service between the Ist day of the 9th (ninth) month and the last day of the 1th (eleventh) month and further increasing to 25% (twenty five percent) for continuous period of Articled service from Ist day of 12th month. 3.2 (v) This Fixed Shipboard Allowance shall NOT be reckoned for any other wage element purposes exceptas provided in Clause 6.1 of the Agreement. 16— 3.3. Variable Shipboard Allowance = All categories of Foreign Going Ratings will be paid following Variable Shipboard Allowances at the = following rates of percentages of their respective Basic Wage, for On Board sea service as per Articles of 4 Agreement and not for leave earned during the corresponding articled period. — Variable Shipboard % of Basic Wage | % of Basic Wage | % of Basic Wage | % of Basic Wage a | Allowances in % of Basic for 2015-16 for 2016-17 for 2017-18 for 2018-19 = |For Non Tanker Vessels 16 6 16 16 ‘i |For Tanker Vessels 1 91 1 a1 Explanatory Note for the above: = “ (@) Following Allowances are merged and included under Head “Variable Shipboard Allowance” a Payable to Foreign Going Ratings on Non Tanker Vessels: (1) Overseas Allowance @ 50% of Basic Wage of respective categories; (2) Bonus Allowance @ 15% of Basic Wage of respective categories; (3) Other Miscellaneous Allowances @ 11% of Basic Wage of respective categories for cleaning of Boilers & Scavenge, for cleaning of Tanks, for cleaning and washing of dirty cargo and for Shipkeeping Allowance. (0) Following Allowances are merged and included under Head “Variable Shipboard Allowance” payable to Foreign Going Ratings on Tanker Vessels: ())_ Overseas Allowance @ 50% of Basic Wage of respective categories; 2) Bonus Allowance @ 15% of Basic Wage of respective ategories; = (3) Other miscellaneous allowances @ 11% of Basic Wage of respective category for cleaning of Boilers & Scavenge, for cleaning of Tanks, for cleaning of and washing of dirty cargo and for Shipkeeping Allowance; (4) Tanker Allowance @ 15% of Basie Wage of respective categories. Note : The Variable Shipboard Allowance shall NOT be reckoned for any other wage element purposes, neither shall itbe available as an advance on signing Articles. = 3.4. TankerAllowance 3.4 (i) Effective from Ist April 2000, a seaman serving on a vessel constructed solely for the carriage in bulk of liquid cargoes viz. gas, chemicals, crude oil/or petroleum products as its primary cargo shall be paid a Tanker Allowance at the rate of 15% of his Basic Wages per month of service on Articles and pro rata. 3.4 (i) Aseaman serving in a combination carrier (OBO Vessel) shall be paid a Tanker Allowance at the rate of 15% (Fifteen Percent) his Basic Wages per month and pro rata for the person(s) on Articles = during which oil or liquid chemicals are carried as the primary cargo in which case it shall also be = paid for the period of the subsequent ballast voyage to the next loading port. Such payment ceases - onarrival atthe portif the nextcargo to be loadedis other than oil or liquid chemicals. = 3.4 (iii) The Tanker Allowance shall only be paid for service on Articles. In respect of Conventional crews, it shall be increased by 10% (ten percent) for continuous period of Articled service between the first day of the 9th (ninth) month and the last day of the 1th (eleventh) month and further Increasing to 25% (twenty five percent) for continuous period of Articled service from the first day of the 13th (twelfth) month, 173.5. Leave Wages Payable to Foreign Going Ratings 3.5 @)_Allcategories of Foreign Going Ratings will be paid Leave Wages atthe rate of 9 (Nine) days per month (108 day per annum) or pro-rata for On Board sea service as per the respective Articles of Agreement of such rating. 3.5 (ii) Matemity leave (we-f.1.4.2012) All female ratings will be entitled to 130 days of paid matemity leave exclusive of entitled privilege leave subject to maximum of two deliveries. 3.5 (fii) In addition, subsistence allowance of Rs.245/- (Rupees Two hundred forty five) per day shall be paid for each day of paid leave earned as above. 3.6 Overtime Compensation (w.e-f1.4.2012) Overtime Compensation payable on monthly basis to all categories of Foreign Going seamen 3.6 (i) The overtime rate formula for overtime calculations forall categories shall remain unchanged as indicated below for all the overtime hours worked on board the ship from Monday to Saturday and also working onall paid holidays (including Sunday). OvertimeRate = Basic Wage ofrespective category x 12x 1.5 44 (working hours per week) x 52 (weeksp.a.)™ The rates of overtime have been shown against each category in the wage schedules in Annex A. Note: i. Helmsman’s Certificate pay of Rs.250/- per month shall be taken into account for the purpose of applying the overtime slab rates. ii, Forthe purpose of calculating overtime, a fraction of an hour in excess of half an hour shall count as one hour, and lesser fractions ashalfan hour. ii, All lawful work assigned under the authority of the Master on board shall be performed by seamen without demur. iv, _ All Such work performed by the Seamen during their stipulated day or shift working hours as detailed by the Master from time to time, shall not attract payment of overtime vy. Over-time shall be payable for the actual hours of work performed beyond the stipulated shift /day working hours, at the rates specified in the NMB (1). vi. Over-time shall not be paid as 2 compensation for the performance of shipboard duties, except as prescribed under clauses 11, 12. vii. To obviate difficulties that may arise, whilst making overtime payments on account of 0.05, 0.10 and 25 50 paise coins not being minted by the Govt., the amounts of Overtime payable be rounded uptonearest 50 paise. 3.7 Short Hand Money (effective from 1-4-1988) Except where shortage occurs in the Catering crew of Passenger vessels, short-hand money shall be paid from the day the shortage occurs, as described below:- 1. Among Chief Cook/Baker, Chief Cook, 2nd Cook, 3rd Cook, Crew Cook, and, Crew Cook's Mate inall events. Tl, Among other crew members, when the vessel is on the Coast of India and replacement is not supplied within a period of 10 (ten) days. However, should the vessel leave on or before the tenth 18day, sub-clause (c) here in below of this clause will apply, the period of 30 (thirty) days therein being inclusive of the 10 (ten) days. IL, Among other crew members when the vessel is overseas and replacement is not supplied within a period of 30 (thirty) days. Note: (1) Inrespect of vessels employed other than on normal trading voyages, this agreement shall apply on the basis of the manning as agreed between the Shipowners and the Union. (2) Forthe purpose of calculation of Shorthand Payments the following wage elements shall be included: Basic Wages, Fixed Ship Board Allowance, Leave Pay, Variable Shipboard Allowance and wherever applicable Tanker Allowance. 3.8 Payment Of Special Allowances for Certain Specified Duties (w.e.f 1-10-1986) When ratings are required to perform duties as detailed here in below, except during emergencies, as defined in Part ILA Clause 3 herein above: i) Cargo Handling, Cargo Lashing, Etc., excluding the operation of pumps and valves. Where whilst the vessel is within the port limits, ratings are required to handle, lash, unlash, secure or shift cargo and to operate cargo lifting devices for this purpose. ii) Where ratings are required to carry passengers’ cabin baggage to or from the quay via the ship's gangway. iii) Whereratings are required to keep a Watch ashore when the vessel is under fumigation, iv) Where ratings are required to connect and/ or disconnect another vessel's cargo hoses at the vessel's manifold. ¥) Where ratings are required to connect and / or disconnect another Vessel’s cargo hoses at the vessel's manifold. ; vi) Rating engaged in handling ship's stores on or fromthe quay to on board the vessel. vii) Where ratings are required to handle ship's stores on or from another Vessel of supply barges/crafts to on board their vessel. Viii) Where ratings are required to remove sludge from cargo tanks of crude oil carriers. ‘They shall be compensated as under i) _Atsingle overtime rate when such workis performed during normal hours. ii) Attwice the overtime rate (inclusive of normal overtime compensation) when such work is' performed during offhours and on Sundays and Holidays iii) Payment of compensation in respect of rest periods of less than eight consecutive hours shall apply independently of the above compensation, iv) Recognizing that the various cargo operations mentioned herein above are normally carried out by stevedore labour, it is not intended under this provisions that ratings are required to carry out these duties exceptin justifiable circumstances. The record of hours during which seamen are employed for such duties shall be recorded separately and ina distinctive manner. 193.9 Hatch Cleaning (But Excluding Tank Cleaning) Where a seaman is required to do the work of Hatch cleaning and/or washing in bulk carrier or a general cargo vessel carrying dry cargo, he shall be remunerated for such work performed during normal working hours at single overtime rate and when such work is performed outside normal working hours at double overtime rates in accordance with the Special Allowance Clause 11. 3.10 Lighterage Allowance (w.e.f. 1.4.2008) Lighterage Allowance payable to Foreign Going Ratings for serving on Tankers engaged in Lighterage operation: Alll the categories Foreign Going Ratings working on Tanker Vessels engaged in Lighterage operation shall be paid Lighterage Allowance at the rate of 15% of their respective monthly Basie Wage for the entire duration of such Lighterage operation. 3.11 Storage Tanker Allowance (wef. 1.4.2008) Storage Tanker Allowance payable to Foreign Going Ratings for serving on Storage Tankers: Allthe categories of Foreign Going Ratings working on Storage Tanker Vessels engaged in storage operation shall be paid Storage Allowance at the rate of Rs. 150/- per day per head for the storage period of such tanker vessel. 3.12. Prolonged Service Benefits (effective from 1.3.1980) 3.12 (i) Effective for seamen. signing Articles on or after Ist March, 1980, ratings will normally be discharged and repatriated to the port of engagement on completion of 9 (nine) months.articled service, but in any event after not more than 12 (twelve) or less than 8 (eight) months articled service except for cause and/or mutual consent. 3.12 (ii) Effective from 1-4-1988, Prolonged Service Benefits shall arise for service on previous articles of Agreement if any, during the same period of engagement. In the case of seamen re-on signing after 1-4-1988 their previous service on Articles of Agreement shall be Included for entitlement to Prolonged Service Benefits Repatriation in all cases to be effected within 12 (twelve) months of the date of first engagement. Prolong Service benefits would be as under: For Sea Service between 9 (nine) & 11 (eleven) months = 10% For Sea Service beyond 11 (eleven) months & above=25% Above percentage increase of Prolonged service allowance will be calculated on the total monthly Basic Wages, Fixed Shipboard Allowance, Variable Allowance, Tanker Allowance (where applicable) and Overtime. B. Miscellaneous Allowances @ Porterage at Outports (effective from 15.2.2008) 1. Porterage & Conveyance while boarding and signing offthe ship: ‘The Shipowners shall pay an amount of Rs. 2,500/- (Rupees Two Thousand Five Hundred only) as “Porterage & Conveyance” per rating boarding and signing off from the vessel. This allowance shall be applicable to all categories of ratings working on Foreign Going, only if such rating completes their articled period and not otherwise 20oA Mh Ub = = hs bh \, ds bb bb Wh bh A i (Conveyance For Visiting Company's Office: (wee-f.1.4.2012) Wet. 01/4/2012, the Shipowners shall pay a sum of Rs.400/- (Rupees Four Hundred only) per day per head for those ratings who are specifically called by the Shipowners to their office on particular days. Such conveyance will be paid to all categories of ratings on Foreign Going Vessels, (ii) Boarding & Lodging Allowance payable for shore periods: (effective from 1-4-2012) a) Weef. 01/04/2012 all the categories of Foreign Going Ratings who make their own ashore arrangement of Boarding will be paid at the rate of Rs. 450/-per day perhead. ) Similarly, for lodging allowance such ratings who make their own shore arrangement of Lodging will be paid at the rate of Rs. 350/- per day per head. (iv) HighRiskAreas All categories of ratings working on Foreign Going Vessels will be paid compensation for sailing in High Risks Areas as notified by Indian National Shipowners’ Association from time to time. (¥) Inconvenience Allowance for On Board stay during a vessel's Lay-up & Heavy Repairs and also during Dry Docking in India orAbroad All categories of Ratings on Foreign Going Vessels shall be paid Inconvenience Allowance at the rate ofRs, 250/-per day per head for their On Board stay during their vessel's Lay-up & Heavy Repairs and also during Dry Docking in India or Abroad. The above amount also covers hardship / inconvenience caused to the ratings due to non-availability of shore toilets or “Shulabh Sauchalaya” within the Dry DockArea, (vi) Special Allowance on Ships Carrying Radio-Active Materials Payment of Special Allowance to ratings on ships carrying Radioactive Materials: (WEF 1.4.2012) Aspecial allowance atthe rate of Rs. 10,000/- per month or pro-rata shall be paid to all categories of the ratings working on board ships carrying radioactive materials for the actual duration of the carriage of suchcargo. (vii) Anti-Piracy Watch (WEF 14.2012) Any Foreign Going Rating asked to do anti-piracy watch, does so and gets injured during such attack, then he shall be remunerated with lumpsum amount of Rs. 25,000/- (Rs. Twenty five thousand only) as recognition. If an eventuality arises during the anti-piracy watch and if any rating is injured or expires, compensation will be thrice the death and disability compensation amount as per Clause III B (Miscellanies Allowances) and no further compensation will be claimed in this regard. © COMPENSATORY BENEFITS 1. Medical Benefits after Selection (WEF 1.4.2012) Any Foreign Going Rating after selection for engagement is found temporarily medically unfit for sea service by the Company's Medical Officer and within the period of 30 (Thirty) days if rating shall provide valid medical certificate of fitness from DG approved doctor or from any Government Hospital which is acceptable to the Company's Medical Officer, or is declared permanently unfit for sea service within 30 (thirty) days from date of such declaration, then rating shall be paid Retention wages of Rs.350/- per day and Subsistence Allowance of Rs. 450/- per day or rating gets declared fit within a maximum period of 30 (Thirty) days in one year, The above benefit will be extended to rating on Company's Roster provided the person is not availing On Staff Benefits of drawing Basic Wage, Boarding and Lodging etc, or General Roster ratings who are continuously sailing with one particular Shipowners’ Vessels for not less than five consecutive calendar years (and not sixty months). 2On selection of a rating for engagement on the ship, the Company shall bear the expenses related. to Pre-joining Medical Examination fee as required under the Merchant Shipping Medical Rules asamended from time to time. Medical Benefits on Being Discharged ill Or Injured (wef 1.4.2012) a) Arating discharged ill and undergoing medical treatment on Company's account shall be paid Monthly Basic Wages of his respective category /rankand subsistence (food) allowance fora ‘maximum period of 112 days (16 weeks) and thereafter under no circumstance, he shall be paid above allowances for any further period. During his hospitalization period, he shall be paid only his Basic Wage. b) A seaman discharged at any port in India including his port of engagement after the date of original engagement, shall be paid Basic Wages until declared fit, upto a meximum period of 16(sixteen) weeks commencing from the day following the date upto which wages are paid. ©) Aseaman discharged injured at any port in India including his port of engagement after the date of original engagement shall be entitled to Basic Wages, until declared fit or permanently unfit commencing from the day following the date upto which wages are paid in case where injury has arisen out of and in the course of his employment and is not the result of his own willful act of neglect, provided that such an injured seaman is under the supervision of the ‘Company's Medical Officer throughout. 4) Aseaman ill or injured outside India arriving at his port of engagement under the certificate “fitto travel" and requiring further medical treatment will also qualify for the above benefits. e) A seaman undergoing out-patient treatment at his port of engagement during the above periods, as detailed in Clause 2a shall be entitled to a Subsistence Allowance of Rs. 450/- (four nundred and fifty) per day and reasonable conveyance expenses actually incurred... £) Wages received under the provisions of clauses 5 (ji) a & ¢ above are not to be deducted from any lumpsum payable by the employer under the Workmen's Compensation Act, 1923 and / or under the NMB (INDIA) Agreements, in respect of industrial injuries, half monthly payments under this Actand /orNMB (INDIA) agreement are payable only on expiry of periods mentioned in clauses 2a & cabove. 2) Wages, Subsistence allowance and Conveyance expenses shall be payable under these provisions subject to the seaman having first been examined by the Company's Medical Officer. h) A rating discharged injured but not due to his own willful act and undergoing medical treatment on Company's account shall be paid Basic Wages of his respective category / rank and subsistence (food) allowance foramaximum period of 120 days inconsultation with the Company's Medical Officerand thereafter under no circumstance, heshall be paid above allowances for further period. During his hospitalization period, he shall be paid only his Basic Wage. If the rating is required to undergo further medical treatment after 120 days, the treatment on company account shall be provided by the Company subject to the ‘merit ofthe case and as decided by the Company's Medical Officer. i) Aseaman discharged ill or injured or arriving at the port of engagement as fitto travel but not fit for duty, will be provided necessary medical treatment attention, free of expense to the seaman at an appropriate hospital in keeping with treatment requirements as decided by the Company's Medical Officer, who will first examine him and also oversee the treatment. Such treatment/attention shall be arranged with reasonable promptness as the case may merit, and should not be referred to the Principal Seaman's Welfare Officer whilst the seaman is in receipt of medical benefits from the Company. 2Uh Us \ 3, Death and Disability Compensation (w.e.f1.4.2012) The Death & Disability Compensation shall be paid to all the categories of ratings on Foreign Going Vessels under the following provisions: (@_ Therating while working on board the vessel during his articled on-board sea service period and not uring his eamed leave, dies:- a) due to heartattack or any other natural cause or +b) while undergoing medical treatment on Shipowners’ account after being discharged on medical grounds from the ship or ©) after signing-on the Articles of Agreementashore and proceeding to join the vessel or 4) after signing-off the Articles of Agreement on board and proceeding to the port of engagement or his home town whichever is earlier, shall be paid Death Compensation. (ii) The rating while working on board the vessel during his articled period on-board sea service period but not during his eamed leave, is injured and becomes 100% disabled shall be paid 100% Disability Compensationas applicable, (iii) The rating while working on board the vessel and during his articled period on-board sea service period but not during his earned leave, is injured and is declared partially incapacitated or disabled shall be paid Partial Disability Compensation amount calculated on pro-rata basis of the 100% Disability Compensationas applicable. (iv) The rating after signing-on the Articles of Agreement for ashore period and thereafter proceeding to board the vessel or after signing-off from the Articles of Agreement and thereafter proceeding to port of engagement or home town whichever is earlier is injured and declared wholly or partially disabled shall be paid disability compensationas applicable. (v) The rating after signing-on the Articles of Agreement for ashore period and thereafter proceeding to board the vessel or after signing-off from the Articles of Agreement on board and ‘thereafter proceeding to port of engagement or home town whichever is earlier is incapacitated by heartattack orparalytic stroke and thus declared wholly or partially unfit for sea service shall be paid disability compensation as applicable. (vi) The rating shall not be entitled to Death or Disability Compensation if occurs due to the rating’s own willful act. = (vii) Any rating who is injured and is assessed being 50% disabled and unfit for sea service will be entitled toreceive 100% disability compensation. (viii) For assessing the percentage of disability, the Schedule laid down in the Workmen's Compensation Act, as amended, from time to time may be followed for guidance. (ix) The article period referred herein is the period commencing from signing-on the Articles of Agreement for the ashore period and till the period of signing-off the said Articles from ship and proceeding to port of engagement or hometown, whichever is earlier. (x) Wee-f.01/4/2012, Death CompensationisRs. 18 lakhs. (xi) Wee.f. 01/4/2012, 100 % Disability Compensation Rs. 22 lakhs (xii) With effect from Ist April, 2012, the following additional amount of Death & Disability Compensation shall be paid to all the categories of ratings on Foreign Going Vessels in the event of ratings death or his becoming 100% disabled or partially disabled on ships carrying Radioactive Cargo on board. (xiii) The additional amount of Death Compensation will be Rs. 2.00 lakhs. (xiv) The additional amount for 100% Disability Compensation will be Rs.2.50 lakhs. (xv) _ Inthe event ofpartial incapacity, compensation shall be paid on a proportionate basis. 2B(avi) Inthe case of ratings found missing and presumed lost over-board including cases ofalleged suicide where death cannot be conclusively attributed to the rating’s willful act, additional compensation shall also be paidas per3 (xiii) above. (xvii) In case where a seaman on being repatriated on medical grounds, expires whilst undergoing treatment on company's account, then the company shall pay compensation as per 3 (x) above. (xviii) Should a rating become, partially incapacitated whilstin employment but not due to the rating’s own. ‘willful act, compensation on proportionate basis shall be paid in agreement with the Union, and in accordance with the disability suffered by him. For assessing the percentage of disability, the schedule laid down ‘in the Workmen's compensation Act as amended from time to time, may be followed for guidance. In respect of non-scheduled injuries, the percentage of disability shall be as assessed by Hospital and /or the employing company. (xix) Aratingon being medically unfit for service at sea asa result of injury whilst in employment shall be paid 100% compens (xx) Nothing herein contained shall be deemed to confer any right to compensation on a seaman or his legal representative(s) in respect of any injury/death, if he/ they, has/have, instituted ina civil Court, a suit for damages in respect of any injury/death against the company or any other person. A seaman or his legal representative(s) who has/have Instituted a claim for compensation in respect of any injury/death under Clauses 3 (4), (i) (ii), (iv), (v), (vii), (viii), (ix), (X), GX), (xii), Cxiv), (xv), (xvi), (vii), (xix), (Xx) above shall not be entitled to institute proceedings before a civil court. (xxi) Bach seaman shall be required to nominate in writing in the prescribed form a beneficiary or beneficiaries toreceive the compensation hereunder payable in the event of his death arising out of and in the course of service on Article such beneficiary ies) shall be, jointly or severally, his wife, children, whether married or unmarried and dependent parents and widows and children of a deceased son, who shall receive compensation in such proportion as the seaman shall have specified inwriting inhis nomination. }) The compensation payable either for death or permanent incapacity or in the case of seamen missing and presumed lost overboard as defined in-Clauses 3 (1), 3 (xv) and 3 (xvi) above shall be Inclusive of any entitlement under the Workmen's Compensation Act, 1923 or the Workmen’s Compensation (Amendment) Act 1976 as amendment from time to time. 4, Severance/ Redundancy Compensation (D. Severance Compensation: With effect from Ist April, 2012 a Rating being ona Company's Roster continuously fora period of not less than 5 yearsis declared medically unfit permanently for sea service by Company’s Medical Officer and on canceling his Registration with the Director, Seamen's Employment Office, he shall be paid Severance ‘Compensation as under: a. ForRatings below age of 55 years: ‘The Severance Compensation payable at the rate of 3 months of his Monthly Basie Wage per year of his articled service on Company's vessels including applicable leave period and at the rate of 1 Amonths of his Monthly Basic Wage per year of prospective sea service subject to a minimum assured compensation of Rs, 4.50 lakhs (Rupees Four Lakhs Fifty Thousand only). b. ForRatings between age of 55 o 58 years: The Severance Compensation payable at the rate of 3 months of such rating’s Monthly Basic ‘Wage per year of his prospective sea service subject to a minimum of 4 months Basic Wage or ‘minimum assured compensation of Rs.3 lakhs (Rupees Three Lakhs only). 24Wb Wb bb \ kh kh 4 h Ub k bh tb Wh k I, Ub Wy Uh = a oth j ©. ForRatings above age of 58 years: The Severance Compensation payable at the rate of 3 months of such rating’s Monthly Basic Wage per year of his prospective sea service subject to a minimum of 4 months Basic Wage or minimum assured compensation of Rs.2.50 lakhs (Rupees Two Lakhs Fifty Thousand only). Explanatory Note: The above provision of Severance Compensation will notbe applicable to arating under the clause of Death & Disability Compensation. (ii) Redundancy Compensation: (With effect from Ist April, 2012) Inthe event thata Shipowner is on the verge of going or goes into liquidation or ceases to employ any Rating or in the event when a Company finds it imperative to curtail its Rating’s strength for operational reasons, Redundancy Compensation will be paid to such rating on Company's Roster who are rendered surplus, as under: a. ForRatingsbelow age of 55 years: ‘Redundancy Compensation payable at the rate of 3 months ofhis Monthly Basic Wage per year of his articled service including applicable leave period on Company’s vessels and at the rate of 114 months of his Basic Wage per year of prospective service subject to a minimum assured compensation of Rs. 4.50 lakhs (Rupees Four Lakhs Fifty Thousand only). b. ForRatings between age of 55 to 58 years: Redundancy Compensation payable atthe rate of 3 months of his Monthly Basic Wage per year of prospective service subject to a minimum assured compensation of Rs.3 lakhs (Rupees Three Lakhs only). c. ForRatings above age of 58 years: Redundancy Compensation payable atthe rate of 3 months ofhis Monthly Basic Wage per year of prospective service subject toa minimum, assured compensation of Rs.2.50 lakhs (Rupees Two Lakhs Fifty Thousand only). (iii). Redundancy Payments - Conditions for Payments ‘The above payments will be subject to: ‘ + Redundancy payments only to be made to ratings who have been registered on the Company Roster for aminimum offive years. + However upon payment of Redundancy benefits as above, registration of the Seaman concerned shall be cancelled. + Disciplinary cases shall not be normally entitled to the Redundancy Benefits. However, such cases shall be dealt with in consultation with the Union. + Ratings entitled to Severance Compensation would not be entitled to Redundancy Compensation, NOTE: Ifa seaman borne on Company's Roster has not served on Company's vessels for 3 consecutive years and having failed to accept employment on the Company's vessels, shall be deemed to be a non-effective seaman and in consultation with the Union shall notbe eligible for compensation under these clauses. D.SOCIALBENEFITS 1. ProvidentFund Provident Fund Contributions in respect ofall categories of Foreign Going Ratings 25‘The Shipowners' contribution together with the seamen’s contribution towards Provident Fund shall be calculated as per the existing procedure and on the basis of the following components for all the categories of the Foreign Going Ratings which shall be deposited with the Commissioner, Seamen's Provident Fund Office, Mumbai. ‘Components for Foreign Going Ratings: 12% of the sum total of the following components shall be computed for Provident Fund Contribution of all the categories of Foreign Going Ratings (both Company Roster as well as General Roster) as under: Effective from 1.4.2012 (1) 12% ofMonthly Basic Wage of each of the respective categories ofall ratings; (2) 12% Monthly Leave Wage at the rate of 9 days of the Basic Wage of the respective categories ofallratings; (3) 12% Monthly Fixed Shipboard Allowance payable to all categories of ratings. 25% of the monthly ex-gratia amount mutually agreed between the Union(s) representing ‘Seafarers’ side and individual Shipowners shall be deducted by the concerned Shipowners and shall be deposited as additional contribution of the concerned seafarers into their respective account with The Commissioner, Seamen's Provident Fund Office, Mumbai. This clause is, applicable to Company Roster and General Roster ratings. The Shipowners shall compute and contribute at 10% of the Basic Wage of concerning General Roster Seamen only belonging to their respective categories and upon computation shall deposit the said contribution as “Additional Voluntary Contribution” into their individual account maintained with The Commissioner, Seamen's Provident Fund Office, Mumbai. 2. Gratuity Gratuity Contributions in respect of all categories of Foreign Going Ratings to be deposited with the Seafarers’ Welfare Fund Society, Mumbai a ‘The Shipowners' contribution of Gratuity shall be calculated as per existing procedure for all the categories of Foreign Going Ratings on the basis of the following components and such contribution be deposited with the Seafarers’ Welfare Fund Society, Mumbai : Components for Foreign Going Ratings: (1) 8.33% ofMonthly Basie Wage of each of the respective categories of Ratings; (2) 8.33% of Monthly Leave Wage calculated at the rate of 9 days of the Basic Wage of each of therespective categories of Ratings; (3) 8.33% Monthly Fixed Shipboard Allowance payable toall ratings. Explanatory Note: ‘The Shipowners who maintain their own Trust of Gratuity Fund shall continue to pay and settle the Gratuity of their respective categories of ratings on their permanentroster as per the rules oftheir Trust. 3. PaymentofGratuity a) Inrespect of General Roster Seamen; i) In the event that any of the companies have not paid Gratuity dues to the Seafarers’ Welfare Fund Society in respect of General Roster Seamen employed by them in the past, as required by the NMB Agreement in this behalf, such payments of past dues shall be made at the rate of basic ‘monthly wage being drawn by the ratings concemed, in his substantive category at the time of effecting the payment, as indicated in his CDC. 26 iy wun 1 Ty WoW Wtbe Ad by 4 \ 4 Lb Wb Ub Wu Wb Wy bb | = = = = =a = ii) _Imrespect ofa General Roster seaman who approaches the company for Settlement of his gratuity amounts when the same becomes due and payable, the company shall make every effort to effect such payments expeditiously. iii) (@) in the event a Company fails, to remit to SWES its Gratuity dues for past services of General Roster Seamen employed on its ships within the period of one month after the application is made as per (ii) above, with all supporting documents, the matter shall be referred to a Committee of ‘two representatives each from the Shipowners’ Side and Seafarers’ Side. Separate Committees shall be setup at Mumbai and Calcutta for this purpose. Ifthe Committee concerned finds that the default of the Company is due to genuine reasons beyond its normal administrative control, it ‘may extend the period for effecting such remittance to SWFS beyond 30 days. Tf past gratuity dues remain unsettled after 60 days from 21.7.2000: a penal interest@ 18% p.a. shall be payable from the 61st, day (w-e.f. 22.9.2000.) In future, the Penalty Clause will apply to Companies who default in payment of gratuity that becomes due and payable for more than 30 days grace period after the due date, the penalty interest@ 18% per annum shall be payable as from the 3Ist, day. 4) iv) Ifthe concerned Committee finds that there are no legitimate grounds for the delay in effecting remittances by the Company within 30 days, or that the default is deliberate, it shall take necessary steps to ensure that the remittances are effected epeditiously. The Committee shall also consider imposing a penalty for such default ofthe Company. Y) (a) In respect of future Gratuity Liabilities for the General Roster Seamen employed by the Companies on their ships, the dues shall be remitted to SWES on voyage-to-voyage basis as. stipulated in the NMB Agreement In this behalf within 30 days from the date oftheir discharge, Inrespect of Company Roster Seamen i) The Companies which maintain their own Gratuity Fund for the seamen on their Roster, shall continue to pay and settle gratuity to the seamen as and when it becomes due as per the Rules in this behalfunder the Company Roster Gratuity Scheme. ii) Ifthe companies are not maintaining their own Gratuity Fund forseamen on their Roster, the past Service Gratuity dues of theseamen share be'remitted as per this Agreement to the Seafarers’ Welfare Fund Society at the current NMB rate of wages of the seamen. in their substantive categories as on 1.4.1998 within 30 days from the receipt of the Heads of Agreements or before 30.09.1998 whicheveris earlier, iii) The provisions as under (a) (IV) above shall also apply in the case ofa company for the purpose of funding the future Company RosterGratuity dues of seamen on its roster into the SWES if such a Company doesnot maintain its own Gratuity Scheme. Penalty for Non-payment of Gratuity Dues; In the case of failure of accompany to fund its Gratuity Liabilities at (a) and (b) above, the provision as under (a) (ii) above shall apply. Amendmentto Gratuity Schemes; The existing Gratuity Schemes for Company and General Roster Seamen shall be amended appropriately to reflect the changes under this Agreement. Additional Voluntary Contribution (AVC) a, Effective from Ist March, 1990 seamen will be afforded the facility to make additional voluntary contribution (AVC) to the Seamen's Provident Fund upto a maximum of 10% (ten percent) of their Basic Wages, subject to the approval of the Seamen's Provident Fund Organisation, Government of India. Seamen electing to make AVC are to advise the Employers In writing prior 2tosigning the Articles of Agreement. Such ‘election shall be Irrevocable for the full, period he ison those Articles of Agreement and for the applicable paid leave period. b. Theadministrative charge will NOT be levied on AVC NMB Rehabilitation Fund for Foreign Going Ratings W.E.F. 01/4/2008 ‘The Shipowners shall contribute an amount of Rs. 1,500/- (Rupees One Thousand Five Hundred only) per month per Rating’s slot on their Foreign Going Ships and shall deposit the same with the “NMB. Rehabilitation & Welfare Trust for Seamen” in Mumbai in respect of Foreign Going Rating's slot at Mumbai and Chennai and shall also deposit similar amount with the “NMB Rehabilitation & Welfare ‘Trust for Seamen” in Kolkata in respect of Foreign Going Rating's slot at Kolkata, Pension/annuity Fund a. The Shipowners shall contribute amount of Rs. ,800/- (Rupees One Thousand Bight Hundred) p. m. orprorata per seaman for Pension /Annuity as Additional Voluntary Contribution inrespect of all categories of Foreign Going Ratings for their On Board sea service as per articles of agreement but not for the corresponding leave earned period. The Shipowners shall deposit the said amounts in the seafarers individual account maintained with the Commissioner, Seamen's Provident Fund Office, Mumbai on their signing off from the ship. ‘Welfare Fund a, The Shipowners shall contribute annual amount of Rs.4,800/- (Rupees Four Thousand Fight Hundred) per annum as Welfare Fund Contribution per rating’s slot on their Foreign Going Vessels and shall deposit the same with the Seafarers’ Welfare Fund Society, Mumbai Contribution To Indian Sailors’ Home Society, Mumbai and Nabik Griha Samiti, Kolkata: The Shipowners shall contribute an amount of Rs. 100/- (Rupees One Hundred only) permonth per Rating’s slot on their Foreign Going Ships and shall deposit the same with the “Indian Sailors’ ‘Home Society, Mumbai” in respect of Foreign Going Rating’s slot at Mumbai and shall also deposit a similar amount with the “Nabik Griha Samiti, Kolkata” in respect of Foreign Going Rating's slot at Kolkata, E.GENERAL 1 Baggage Transportation (w.e.f. 1.3.1973) a. The Shipowner’s liability’ for carriage of baggage of a seaman who is repatriated by air from foreign country to his port of engagement shall be limited to a maximum weight of 40 Kgs. inclusive of the free allowance of his baggage, if any, over and above the Airline Free allowance shall be dispatched by air freight as the Shipowners may decide. b. The Shipowners liability for such baggage ceases on its arrival at the airport, of the seamen’s port of engagement. The Shipowner will, however, provide a seaman with the necessary documentation to collect and clear his baggage through the Customs. cc, Inthe case of repatriation of a seaman from a foreign country to his port of engagement by surface transportation, the Shipowner’s liability for carriage of his baggage shall be limited to a ‘maximum weight of 60 (Sixty) Kgs. inclusive of the free allowance. Loss of personal effects: (w.e.f. 1.4.2012) All the categories of ratings on Foreign Going Vessels shall be paid compensation at the rate of Rs.60,000/- (Rupees sixty thousand only) towards total loss of personal effects resulting from fire, collision, sinking or similar other marine accidents provided the incidence is established and a list of personal effects is submitted to the Shipowners. 28Wy Lb bh bb bb J. Ads Ade Ms Ads Ady Ay eb kd Ee Flight Insurance: (w.e-f. 1.4.2012) Every Shipowner shall provide each Rating flight insurance cover of Rs.25, 00,000/- (Rupees Twenty Five Lakhs only) while traveling on Articles of Agreement by flight or helicopter. This is in addition to the Death Compensation. Launch service (w.e-f. 1.5.1965) a. Every effort shall be made to maintain, provide orimprove the facility of a free launch service for seaman between vessel and the shore. Travel By Sea(we.f. 111.1968) a, Seaman, when traveling by sea, other than as working members of the crew, to join vessel or on repatriation to India, shall be provided, where possible with bunked accommodation. In any event, the accommodation to be provided for such seamen shall be certified unberthed accommodation, In all cases, bedding consisting of one mattress, one pillow, one blanket and one sheet will be provided on loan. ‘Travel Fare (w.e.f. 1.4.1984) a. Serangs, Chief Cook and Bakers, on signing off the Articles of Agreement at the port of engagement shall be paid asingle frst class or3 Tier AC Class, al fare to their home towns by the direct route except as a consequence of discharge following failure to join or desertion. ALL OTHER RATINGS shall be paid a single 2nd class ral fare. Any rating whose home town does not have a railway service shall in addition be paid a bus fare at the applicable class from the nearest railway station to his hometown. b. Theseaman'shome town shal, forthis purpose, be the address registered in CDC. A seaman in any of the leading categories detailed in Clause 6 above whose registration is cancelled as a result of his having been declared permanently medically unfit after his selection foremployment, shall be paid retum first class rail or3 Tier AC Class and /or bus fare by the most direct route between his home town and the Port of engagement OR Second class rail and/or bus fare forall other ratings by the most direct route. ‘Travel On Company's Account (w.e.f 1.10.1986) i &. When traveling on Company's account in India the leading ratings, as detailed in Clause 7.6above shall be entitled to first class rail or 3 Tier AC Class accommodation subject to availability of such accommodation. Where firstclass accommodation isnot available, the leading ratings shall travel bylower class and the cash differential shall be paid to them, b. _Allother ratings shall be provided with 2nd class Sleeper accommodation subject to availability, failing which 3 Tier AC Class failing that also they shall be paid the differential between 2nd class fare and3 TierAC Class. National Holidays (w.e.£. 1-3-1980) a). Allscamen shall be granted the following 5 (five) National Holidays with pay: RepublicDay 26th January National Maritime Day SthApril May Day AstMay Independence Day 15th August ‘Mahatma Gandhi's Birthday 2nd October 29b). ADDITIONAL PAID HOLIDAY ON BOARD (effective from 1.4.1996) (i The seamen will be allowed one additional paid Holiday on 6th November to mark the Seamen's Unity Day. (ii (With effect from 1.4.2012)The seamen will be allowed one additional paid Holiday on 9th ‘May to mark the NUSI Founder Mohammed Ebrahim Serang Birthday, 9. Working On Paid Holidays (w.e.f. 1-1-1978) a ‘When required to work on any of the above seven paid Holidays all seamen (except Exempted Categories) shall be paid in addition to their normal wages for that day, overtime compensation for all hours worked on any such National Holiday with a minimum of two hours over time payment. When required to work on any of the above seven paid Holidays, exempted categories shall be paid one additional day's wage or each such holiday worked. When a National Holiday falls on Sunday, that day for overtime purposes shall be treated as normal Sunday and the following day shall be treated as the paid Holiday [As the three Religious Festivals viz. Diwali, Ramzan Id. & Christmas are not paid holidays, no ‘overtime compensation shall be paid for work performed during normal working hours. ‘However, where the operational requirements of the vessel permit, the time off may be granted by the Master to enable seamen to appropriately celebrate these three Religious Festivals. F, NORMALHOURS OF WORK (w.e-f. 1.04. 2012) 1. General Conditions Regulating Hours of Work (effective from 1.04.2012) @ Gi) ii) vy) o) wi) (vii) ‘The ordinary hours of work for all categories of seamen shall be as detailed hereunder: Monday to Friday Shoursper day Saturday hours Total 44hours weekly. ‘The working week shall be from 06:00 hours on Monday to 06:00 hours of the following Sunday. Schedule and Hours of work at sea and in port for each seaman shall be displayed on an easily accessible notice board on board ship. In order to avoid any misunderstanding in regard to overtime compensation, each ship shall notify in writing each Rating, of his dally schedule of working and duties and shall similarly advise him of any change in such schedules and duties The hours of duty (including overtime in connection essential navigational and operational purposes) shall be regulated as required by the Master. 6 Hours of work ofall categories of seamen shall be regulated and reckoned on a daily basis. ‘Aminimum of halfan hour break forbreakfastand one hour each fortwo meals ina day shall’ be allowed; such breaks to be excluded from the total daily hours of work. (viii) Any break of 60 (sixty) minutes or less shall not be deducted in computing daily hours of es) &) work. Daily hours of work for the purpose of calculating overtime shall be computed from 06:00 hours tothe following 06:00 hours. any period during which any Catering Rating is instructed to remain at his place of duty shall be included in his daily hours of work. 30 em 342. 43. 7. TA (xi) The record of hours worked by each seaman shall be checked and agreed with the seaman at intervals not exceeding 10 (ten) days. A copy of the record signed by the Master and the seaman shall be given to the seaman at the end of the month. (sii) For the purpose of calculating overtime, a fraction of an hour in excess of thirty minutes (half an hour) shall be counted as one hour and lesser fraction as halfan hour, (iii) Time-off in port, if any, shall not be deducted from eamed overtime unless the seaman concerned has given his written consent and agreed to the amount of overtime to be so deducted. Period Of Rest(w.e-f. 1.04,2012) - No seaman shall be off duty for less than 10 (ten) hours during each period of 24 (twenty four) hours (Ship's time) as per para G 1.9 The period of ten hours may be divided into not more than two periods, one of which shall be atleast six hours in length. ‘Minimum hours of rest shall be 77 hours in any seven day period. Nohours shall be paid for at overtime rate more than once. LOOK-OUTDUTIES - DECK RATINGS (w.e.f. 1.11.1970) - When a rating (other than a rating keeping a normal watch) is required to undertake Look-out duties between the hours of 6 p.m. and 6 a.m. he shall be remunerated at overtime rates. WATCH-KEEPING ENGINE ROOMRATINGS (wef. 1.11.1969) - Inorderto keep watch-keeping duties toa minimum, Engine Room ratings, required to perform watch- keeping duties, shall be regularly rotated with similar categories of Day Workers in vessels where such ratings are in excess of those required for watch- keeping duties. Rotation of such duties shall be carried outat intervals of not less than seven days or more than twenty eight days. Itis understood that on vessels where no extra ratings of watch-keepii of watch keepers will not be possible. categories are carried, rotation MINIMUMPERIOD ON DUTY - CATERING RATINGS (w.e.f. 111.1970) There shall be a minimum period on duty of one hour with the proviso that there may be a minimum period on duty of half an hour when this period immediately precedes the meal break and the rating resumes duty immediately following the meal break. MINIMUM PERIOD OFF DUTY - CATERING RATINGS (wef. 1.111970) No period off duty of under one hour shall count as such with the proviso that periods spent in taking meals ofhalfan hour and over but under one hour shall countas half anhour off duty. . General Stewards assigned to Officers shall also be govemed by the working hours stipulated for Catering Ratings. SPREAD OVER (w.e.f. 1.1.1978) The normal hours of duty for Deck and Engine Room ratings, excluding Watch Keepers, on all ships and Deck Night Gangs on Passenger ships, shall be worked within a period of ten hours from the commencement of duty Monday to Friday and within a period of five hours from the commencement of duty on Saturday. Duty to be worked between 6 a.m. and 6 p.m. Monday to Friday and between 6a.m. and 12 noon on Saturdays. 31