MLC-CAD-ASI-MT

Cadet Sponsorship Agreement

1. Name of Cadet (referred to as Seafarer or
Musat Radu Stefan
Cadet):

2. Rank: Engine Cadet

3. Date of Birth: 5/27/1998

4. Place/Country of Birth: Constanta, Romania

5. Nationality: Romanian

6. APM-ID: 7001699

7. Date of signing Agreement: 6/9/2021

8. Recognized Rank Seniority Date: N.A

9. Company Seniority Date: N.A

10. Name and address of Ship Owner* 11. Signature and Details (Cadet)
(Company):

Maersk Tankers A/S I declare:

(a) that the Shipowner’s representative has provided a sufficient
Holmbladsgade 133, opportunity for me to review and take advice on the terms and
conditions of this agreement;
DK-2300 Copenhagen (b) that the Shipowner’s representative has explained my rights and
Denmark. (Company reg. no. 28673590) responsibilities under this agreement; and
(c) that I enter into the agreement freely
(d) that no fees or other charges for providing employment are borne
directly or indirectly, in whole or in part, by me
*Shipowner means the owner of the ship or another
organization or person, such as the ship manager, who has Name:
assumed the responsibility for the operation of the ship from
Musat Radu Stefan
the owner and who, on assuming such responsibility, has
agreed to take over the duties and responsibilities imposed
Date: 9/6/2021
on shipowners in accordance with Maritime Labour
Convention. (See Article II(1)(j) of the Maritime Labour
Address(residence): 87 Mihail Eminescu Street
Convention) Techirghiol; Constanta
12. Signature and Date (Shipowner’s representative**) (place where this agreement is
entered into; also referred to as place of engagement):

-----------------------------------------------------------------------------------------
Authorised by Shipowner (As defined under box 10) to issue Contract of Employment.
**Entities defined as Branch offices under vessel’s DOC or Recruitment and Placement Services under vessel’s DMLC Part II.

Name: Sandru Luiza Stamp:

Date: 06.09.2021

Address: Constanta, Lahovari Street, No.103,

CONSTANTA, ROMANIA

13. Stipend ref. clause 11 USD 450.00

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 MLC-CAD-ASI-MT
STATEMENT OF TERMS AND CONDITIONS OF THIS AGREEMENT
(Ref. MLC 2006 Standard A2.1 the Cadet must bring along this Agreement and present it
to the Captain on board. The Captain may keep the contract in file and return it when the
Cadet signs off)
1.0 General information
1.1. DATE OF SIGNING AGREEMENT: This agreement
commences from the date indicated in Box 7 on page 1
of this agreement. However, if the date of first departure
is prior to the date indicated in Box 7, the official date of
this agreement will be the same date as the date of first
departure. Any computation of payments in accordance
with this agreement will only start with effect from the
date of first departure. The date of first departure will be
defined as the date of first departure after signing this
agreement from cadet’s country of residence to join one
of the company’s vessels.
1.2. The date of first departure as determined under clause
1.1 will be recognized as the company seniority date.
1.3. The Company hereby offers and the Cadet hereby
accepts to sail on the Company’s vessels as a Cadet to
complete the practical training as a part of training
required for obtaining Certificate of Competence as Deck
or Engine Watch keeping officer.
1.4. It must be understood that the Company is offering the
Cadet an opportunity to complete their required training
in order to qualify as Deck or Engine Watch keeping
officers. The Cadet will not be solely responsible for any
watch keeping duties nor relieve any of the vessel’s staff
in any normal repair and maintenance jobs being
performed for the safe operation of the vessel.
1.5. MEDIA: You are not to give any information to press,
radio or television without consent, in writing, from the
Company.
1.6. CONFIDENTIALITY: The Cadet shall not, whether during
the currency of this agreement or after its termination
for whatever reason, use, disclose or distribute to any
person or entity, otherwise than as necessary for the
proper performance of their duties and responsibilities
under this agreement, or as required by law, any
confidential information, messages, data or trade
secrets acquired by the Cadet in the course of
performing her or his duties under this agreement. This
includes, but is not limited to, information about the
Company’s business.
1.7. USE OF INTERNET AND E-MAIL: The Cadet will have
access to email and the Internet in the course of her or
his training. The Cadet shall ensure that at all times her
or his use of the email and Internet facilities at work
meets the ethical and social standards of the workplace.
Whilst a reasonable level of personal use is acceptable
to the Cadet, this must not interfere with the Cadet’s
training duties or obligations and must not be illegal or
contrary to the interests of the Company. The Cadet
shall also comply with all email and Internet policies
issued by the Company from time to time.
1.8. In case of inconsistencies between provisions of this
agreement and standards set according to any applicable
and or valid Collective Bargaining Agreement covering
the rank, nationality and vessel’s flag for which the
Cadet has been assigned or in accordance with the
vessels flag state merchant shipping act – the provision
favouring the Cadet shall take precedence.
1.9. DISPUTE RESOLUTION CLAUSE: Any dispute arising
from and in connection with this agreement shall be
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resolved in accordance herewith at any ordinary court in
London, United Kingdom, unless flag state law so
prohibits
2.0 Pre-Embarkation / Boarding Vessel
2.1. For the purposes of this agreement, your address is
stated under box no. 11 on page 1. Any relocation must
be informed immediately to the company. Any relocation
from your current address to another country of
residence, may lead to termination of this agreement and
a new agreement may be issued stipulating revised
terms and conditions.
2.2. In connection with each new assignment and tour of duty
you will receive a Joining Letter detailing vessel or vessel
type to which you are appointed as well as port and date
of embarkation.
3.0 Medical Certification and Condition
3.1. The Company shall be entitled to require that any Cadet
shall have a satisfactory pre-boarding medical
examination, at Company expense, by a Company-
nominated doctor and that the Cadet answer faithfully
any questionnaire on their state of health, which may be
required. Failure to do so may affect the Cadet’s
entitlement to compensation as per Articles 17.0, 18.0,
19.0, 20.0 and 21.0. Continued sponsorship will be
conditional on obtaining and maintaining a valid
National, MLC and/or Flag state approved Cadet medical
fitness certificate. Time devoted to undergoing such a
medical check-up will be on cadet’s account.
3.2. A Cadet who holds a medical fitness certificate and who
develops a significant medical condition including injury
or illness, which adversely affects or is reasonably likely
adversely to affect the Cadet’s ability to carry out his
duties, including the Cadet’s ability to undertake
emergency duties may be required to undergo a new
medical examination prior to expiry of the valid medical
certificate. It is the Cadet’s obligation to report such
conditions to the company as soon as practicable.
4.0 Probationary Service
4.1. The first 1 month on-board a vessel with the Company
shall be regarded as probationary and both the Seafarer
and/or the Company shall be entitled to terminate this
agreement prior to the expiry of this agreement during
this period. In such event the cost of repatriation shall
be on the Company’s account unless notice given by
Seafarer is for unjustified reasons.
5.0 Duration of On-Board Training Assignment
5.1. Your tenure on-board will be 6 months +/- 1 month from
the date of sign on on-board Company’s vessel.
5.2. Any extension to the said period should be mutually
agreed between the Company and the Cadet.
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 MLC-CAD-ASI-MT
6.0 Cadet Training Obligations
6.1. When a Cadet joins an Assigned Vessel, he will be under
the command of the Master. The Cadet shall during sea
service obey the lawful command of the Master of the
vessel and shall strictly comply with the on-board Safety
Management Systems at all times. His training
obligations are listed but not limited as per Appendix 5
– Cadet Training Obligation.
7.0 Cadet Training Programme
7.1. The Company shall provide 12 months of seatime
onboard vessels owned, managed, or operated by the
Company. The 12 months will be split into 2
assignments of 6 months each.
7.2. The Cadet shall undergo training ashore and on-board
required for obtaining the Deck or Engine Watchkeeping
Certificate of Competency.
7.3. The Cadet is allowed a maximum period of twelve (12)
months to obtain his / her Deck or Engine Watchkeeping
Certificate of Competency from the effective date of
completion of his/her shipboard training. Should the
Cadet fail to obtain the Certificate of Competency within
the said period, the Company reserves the right to reject
subsequent employment as officer.
8.0 Hours of Duty/ Practical Training
8.1. Consolidated stipend is based on the normal working
week of 44 hours (forty-four) and in compliance with
STCW convention as amended. The normal hours of
work/practical training shall be 8 (eight) hours per day
for 5 days in a week and 4 (four) hours for the sixth day
with one day of rest per week and rest on public holiday.
8.2. In case of young Cadet, less than 18 years of age, the
consolidated stipend is based on the normal working
week of 40 hours (forty) and in compliance with STCW
convention as amended. The normal hours of
work/practical training shall be 8 (eight) hours per day
for 5 days in a week with at least one day of rest per
week and rest on public holiday.
8.3. The Cadet may be required to work outside the normal
hours of work/ practical training.
8.4. The stipend being paid out to you includes any time
devoted for practical training in excess of the above
hours mentioned under Article 8.1 or 8.2 as applicable.
9.0 Public Holiday
9.1. Public Holidays will be as governed by the vessels flag
state.
9.2. The stipend being paid to you includes the payment for
the public holidays.
10.0 Rest Periods
10.1. Rest hour regulations shall be in accordance with the
vessels flag state merchant shipping act for which the
Cadet has been assigned.
10.2. Each Cadet shall have a minimum of 10 hours rest in any
24-hour period.
10.3. The hours of rest may be divided into no more than two
periods, one of which shall be at least 6 hours in length.
10.4. Not less than 77 hours of rest are provided in any seven
day-period.
10.5. The Company shall post a table in an accessible place on
board showing in detail the schedule of service at sea
and in port and the minimum hours of rest for each
position on board.
10.6. The requirements for rest periods need not be
maintained in the case of emergency or other overriding
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operational conditions but in such cases the Cadet shall
have an adequate compensatory rest period.
10.7. Emergency drills will be conducted in such a manner that
minimises the disturbance of rest periods and does not
induce fatigue.
10.8. A short break of less than 1 hour will not be considered
a period of rest.
10.9. It is the Cadet’s own responsibility and obligation to fully
observe the applicable rest hour legislation as well as
making consecutive daily registrations of your rest hours
in vessel’s computerised Rest Hour Registration system.
Should the planning of work and rest hours give raise to
any expected illegal deviations of the applicable rest
hour legislation the Cadet should immediately inform
vessel’s management for corrective actions.
11.0 Stipend & Bonus
11.1. The Cadet is entitled for a stipend of USD450.00 (United
States Dollars Four Hundred Only) per month or prorated
for shorter durations as indicated in Box 13 on Page 1.
Payment will be made for every month onboard or
prorated for shorter period of service on-board the
Company's vessels and the only deductions from such
stipend shall be deductions as recorded in this
Agreement and/or other deductions as authorized by the
Cadet.
11.2. The Cadet shall be supplied with an account of payment
of their net stipend, after deductions, in a currency
agreed with the Cadet, at the end of each calendar
month.
11.3. Any stipend not drawn by the Seafarer shall
accumulate for their account.
11.4. Any upward revision to the stipend may not require
issuance of a new agreement. Such changes in the
wages will be communicated by any communication
means available at the disposal of the company. E.g.:
The communication means may include one or more of
the following: e-mail, on-board crew management
software or GMP web portal.
12.0 Leave
12.1. The leave entitlement will be 2.5 days per month or
prorated for shorter period.
12.2. The stipend as indicated under Article 11.1 includes all
the leave pay.
12.3. However, whilst the Cadet is ashore or on leave,
between voyages and/or attending ancillary courses, the
Company shall bear no responsibility to, nor be obligated
to the Cadet in any manner whatsoever other than set
out herein.
13.0 Warlike Operations Areas
13.1. A war risk bonus is not part of this agreement. The war
risk bonus shall be determined by and entered into from
time to time and revised at the same time as agreements
between the unions of any applicable CBA and the
vessel’s Ship Owners’ Association and/or any flag state
nominated Shipping Committees.
13.2. During the assignment the Cadet shall be given full
information of the war zone’s inclusion in the ship’s
trading pattern and shall have the right not to proceed
to a warlike operations area, in which event the Cadet
shall be repatriated at Company’s’ cost with benefits
accrued until date of return to the port of engagement.
Where a ship enters into any such define war zone the
Cadet will be paid a war risk bonus at an amount agreed
by the nominated parties.
13.3. Where a ship enters into any such define war zone the
Cadet will be paid a war risk bonus at an amount agreed
by the nominated parties.
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 MLC-CAD-ASI-MT
13.4. The Cadet shall have the right to accept or decline the
assignment without risking losing their sponsorship or
suffering any other detrimental effects.
14.0 Crew’s Effects
14.1. When any Cadet suffers total or partial loss of, or
damage to, their personal effects whilst serving on board
the ship as a result of wreck, loss stranding or
abandonment of the vessel, or as a result of fire, flooding
or collision, excluding any loss or damage caused by the
Cadet’s own fault or through theft or misappropriation,
they shall be entitled to receive from the Company
compensation up to a maximum of USD 3000. For the
purpose of this clause, Crew’s effect does not include
cash in excess of USD 1000.
14.2. The Cadet shall certify that any information provided
with regard to lost property is true to the best of their
knowledge.
15.0 Termination of this Agreement
15.1. On successful completion of training and on obtaining
your certificate of competency, the Company will
endeavour to arrange an employment with the
Company.
15.2. During the probationary period this agreement can be
terminated by the Company or yourself with 2 weeks
prior written notice.
15.3. If this agreement continues after expiry of any
probationary period, the period of notice to be given in
writing by the Company or yourself to terminate this
agreement will be 1 month.
15.4. If the period of notice expires during an on-board signed
on period, and if required by the Company, you shall
complete the normal tour of duty.
15.5. If the Cadet is acting in a disloyal manner or shows
disobedience, bad conduct or a lack of interest, despite
warnings, or if the Cadet does not achieve an acceptable
service report from the training institution or from the
vessel/s, the Company has the right to terminate this
Agreement without any liability whatsoever on its part.
15.6. Should the Cadet at any point in time be found of having
provided false and/or withheld information on his / her
eligibility or is found not eligible for the Training scheme,
as per the existing rules and regulations, the Company
has the right to terminate this Agreement without any
liability whatsoever on its part.
15.7. Without being limited thereto, failure to maintain due
observance and compliance with any of the Company
policies, procedures, safety regulations and instructions
from your superiors will constitute a just cause for the
Company to terminate this agreement summarily.
16.0 Repatriation
16.1. The Cadet should be entitled for repatriation from port
of sign off till the country of residence or the place of
engagement.
16.2. Repatriation shall take place in such a manner that it
takes into account the needs and reasonable
requirements for comfort of the Cadet.
16.3. During repatriation for normal reasons, the Company
shall be liable for the following costs:
a.) Payment of stipend between the time of discharge
and the arrival of the Cadet till the country of
residence or the place of engagement;
b.) The cost of maintaining the Cadet ashore until
repatriation takes place;
c.) Reasonable personal travel and subsistence costs
during the travel period;
d.) Transport of the Cadet’s personal effects up to a
maximum of 30 kilos.
16.4. The Cadet shall be entitled to repatriation at the
Company’s expense on termination of this agreement as
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per Article 15.0 except where such termination arises
under Article 15.5, 15.6, and 15.7.
16.5. When during the course of the voyage, the spouse or the
cohabitee or children, or a parent falls dangerously ill or
in case of their death while the Cadet is serving on-board
a company vessel, every effort will be made to repatriate
the Cadet concerned as quickly as possible. The
provision shall also be applied with regard to the partner
of a Cadet provided that this partner has been
nominated by the Cadet at the time of engagement as
the Cadet’s next of kin. Always provided that this does
not affect the flag's state regulations on the safe
manning of the vessel or when the vessel is unable to
sail should a relief not be immediately available. The
company will bear the cost of such repatriation provided;
the Cadet submits proper documentation of cause for
such compassionate repatriation.
17.0 Medical Attention
17.1. During active service on board the Cadet shall be entitled
to immediate medical attention when required.
17.2. The Cadet who is hospitalised abroad owing to sickness
or injury shall be entitled to medical attention (including
hospitalisation) at the Company’s expense for as long as
such attention is required or until the Cadet is
repatriated to the port of engagement, whichever is the
earlier.
17.3. The Cadet who is repatriated to their port of
engagement, unfit as a result of sickness or injury, shall
be entitled to medical attention (including
hospitalisation) at the Company’s expense:
a.) In the case of sickness, for up to 120 days after
repatriation, subject to the submission of satisfactory
medical reports.
b.) In the case of injury, for a maximum period of 180
days or until a medical determination is made in
accordance with Article 20.2 concerning permanent
disability.
17.4. Proof of continued entitlement to medical attention shall
be by submission of satisfactory medical reports,
endorsed, where necessary, by a Company appointed
doctor. If a doctor appointed by or on behalf of the
Cadet disagrees with the assessment, a third doctor may
be nominated jointly between the Company and the
Union and the decision of this doctor shall be final and
binding on both parties.
17.5. If the Cadet contracted or suffer sickness or injury
through his own notorious negligence or immoral acts,
vicious habits, or deliberate refusal to obey lawful orders
or heed previous warning of his superiors, then any
expenses advanced by the company due to such
sickness or injuries may be deducted from his salary.
18.0 Sick Pay
18.1. When the Cadet is landed at any port because of sickness
or injury, payment of their stipend shall continue until
they have been repatriated at the Company’s expense
as specified in Article 16.0.
18.2. The Cadet shall be entitled to sick leave while they
remain sick up to a maximum of 120 days. However, in
the event of incapacity due to an accident, the sick leave
shall be paid for a maximum of 180 days or until the
injured Cadet has been cured or until a medical
determination is made in accordance with clause 20.0
concerning permanent disability.
18.3. Proof of continued entitlement to sick pay shall be by
submission of satisfactory medical reports, endorsed,
where necessary, by a Company appointed doctor. If a
doctor appointed by or on behalf of the Cadet disagrees
with the assessment, a third doctor may be nominated
jointly between the Company and the Union and the
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 MLC-CAD-ASI-MT
decision of this doctor shall be final and binding on both
parties.
18.4. If the Cadet contracted or suffer illness or injury through
his own notorious negligence or immoral acts, vicious
habits, or deliberate refusal to obey lawful orders or heed
previous warning of his superiors, then any expenses
advanced by the company due to such sickness or
injuries may be deducted from his salary.
18.5. In the event of absence as a result of sickness
aggregating more than 120 days in any consecutive
twelve calendar months, the Company reserves the right
to terminate this agreement by giving appropriate notice
of resignation. Any outstanding accumulated leave
earning will then be paid in cash. When the Cadet may
be reporting fit for duty with a duly valid fitness-for-duty
certificate she/he may be offered to renew this
agreement however depending on available vacant
positions to be filled in.
19.0 Maternity
19.1. In the event that the Cadet becomes pregnant during
the period of validity of this agreement, the Cadet shall
advise the master as soon as the pregnancy is
confirmed;
19.2. The Company will repatriate the Cadet as soon as
reasonably possible but in no case later than the 6
months of pregnancy; and where the nature of the
vessel’s operations could in the circumstances are
hazardous – at the first port of call.
20.0 Disability
20.1. The Cadet who suffers permanent disability as a result
of an accident whilst on-board the vessel owned or
operated by the Company regardless of fault, including
accidents occurring while travelling to or from the ship,
and whose ability to work as Cadet is reduced as a result
thereof, but excluding permanent disability due to wilful
acts, shall in addition to sick pay, be entitled to
compensation according to the provisions of this
Agreement.
20.2. The disability suffered by the Cadet shall be determined
by a doctor appointed by the Company. If a doctor
appointed by or on behalf of the Cadet disagrees with
the assessment, a third doctor may be nominated jointly
between the Company and the Union and the decision of
this doctor shall be final and binding on both parties.
20.3. The Company shall provide disability compensation to
the Cadet in accordance with Appendix 4 - Compensation
Payments.
21.0 Loss of Life – Death in Service
21.1. If the Cadet dies through any cause whilst on-board the
vessel owned or operated by the Company including
death from natural causes and death occurring whilst
travelling to and from the vessel, or as a result of marine
or other similar peril, but excluding death due to wilful
acts, the Company shall pay the sums specified in the
attached Appendix 4 - Compensation Payments to a
nominated beneficiary and to each dependent child up to
a maximum of 4 (four) under the age of 21 years. The
Company should also transport at its own expense the
body to Cadet’s home where practical and at the families’
request. If the Cadet shall leave no nominated
beneficiary, the aforementioned sum shall be paid to the
person or body empowered by law or otherwise to
administer the estate of the Cadet.
21.2. Any payment effected under this Article shall be without
prejudice to any claim for compensation made in law but
may be offset against any such payments.
21.3. In the case of death occurs on board or ashore during
the on-board service period the Company shall bear in
full the cost of burial or cremation if the Cadet is buried
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or cremated abroad. If not possible under the
circumstances, the proper disposition thereof, upon
agreement with Cadet’s next of kin.
21.4. Unless prohibited by local law or regulations the
Company shall bear in full the costs of transporting the
body of deceased Cadet, or the remains and the
deceased’s personal effects back to the Cadet’s country
of residence.
22.0 Insurance Cover
22.1. The Company shall conclude appropriate insurance to
cover themselves fully against the possible
contingencies arising from the Articles of this
Agreement.
23.0 Personal Protective Equipment
23.1. The Company shall provide the necessary personal
protective equipment in accordance with ISM/IMO
regulations, or any applicable national regulations that
specify any additional equipment, for the use of each
Cadet while serving on board.
23.2. The Company will supply the crew with appropriate
personal protective equipment for the nature of the job.
23.3. Cadet should be advised of the dangerous nature and
possible hazards of any work to be carried out and
instructed of any necessary precautions to be taken as
well as of the use of the protective equipment.
24.0 Shipboard Safety Committee
24.1. The Company shall facilitate the establishment of an on
board Safety and Health Committee of practice on
accident prevention on board ship at Sea and in Port.
24.2. The Company shall also designate an on board
competent safety Cadet who shall implement the
Company’s safety and health policy and program and
carry out the instructions of the Master to:
a.) Improve the crew’s safety awareness;
b.) Investigate any safety complaints brought to
her/his attention and report the same to the
Safety and Health Committee and the individual,
where necessary;
c.) Investigate accidents and make the appropriate
recommendations to prevent the recurrence of
such accidents; and
d.) Carry out safety and health inspections.
25.0 Equality
25.1. Each Cadet shall be entitled to work, train and live in an
environment free from harassment and bullying whether
sexually, racially or otherwise motivated. The Company
will regard breaches of this undertaking as a serious act
of misconduct on the part of the Cadet.
26.0 Grievance and Complaint Procedure
26.1. According to MLC 2006 Regulation 5.1.5 each vessel
must have on-board procedures for the fair, effective
and expeditious handling of Cadet complaints alleging
breaches of the requirements of the MLC Convention.
The procedure outlined in Appendix 2 – Grievance and
Complaints will apply for settlement of any grievance or
complaint the Cadet may have or wish to make. Upon
embarkation the Cadet will be further informed how the
procedure and practices have been implemented on
board.
27.0 Drugs and Alcohol Policy
27.1. The cadet agrees to be familiar with and comply with the
Company’s Drug and Alcohol Policy. Breach of this policy
will be a disciplinary matter and may lead to termination
of this agreement.
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 MLC-CAD-ASI-MT

27.2. Random, unannounced testing will be carried out

anywhere and at any time. Positive findings may result
in immediate termination of this agreement.

28.0 Personal Information

28.1. Any personal or any other information about yourself
gathered by the Company during the course of your
training as per this agreement will be treated as per
Appendix 6 - Consent Concerning Personal Information.

29.0 Superseding effect

29.1. This Statement supersedes all contrary oral or written
understandings and/or impressions relating to your
agreement terms and conditions you may have obtained
in conversation with Company representatives prior to
your signing of this Statement accepting these terms
and conditions. Any previous agreement(s) or contracts
between yourself and the Company or any of its affiliated
entities relating to this agreement terms and conditions
are hereby nullified.

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 Appendix
Appendix 1 – Disciplinary Procedures
1. The following acts of misconduct, if proved to the
reasonable satisfaction of the Master to have been
committed, are those for which notice of resignation or
dismissal will, according to the circumstances of the case,
be considered appropriate, apart from any legal action
which may be called for:
a) Assault;
b) Wilful damage to ship or any property on board;
c) Theft or possession of stolen property;
d) Possession of offensive weapons;
e) Persistent or wilful failure to perform duty;
f) Unlawful possession or distribution of drugs;
g) Conduct endangering the ship or persons on board;
h) Combination with others at sea to impede the
progress of the voyage or navigation of the ship;
i) Disobedience of orders relating to safety of the ship
or any person on board;
j) To be asleep on duty or fail to remain on duty if such
conduct would prejudice the safety of the ship or any
person on board;
k) Incapacity through the influence of drink or drugs to
carry out duty to the prejudice of the ship or of any
person on board;
l) To smoke, use a naked light or an unapproved electric
torch in any part of a ship carrying dangerous cargo
or stores where smoking or the use of naked lights or
unapproved torches is prohibited;
m) Intimidation, coercion and interference with the work
of other the Seafarer;
n) Behaviour which seriously detracts from the safe and
efficient working of the ship;
o) Behaviour which seriously detracts from the social
well-being of any other person on board;
p) Causing or permitting unauthorized persons to be on
board the ship while it is at sea;
q) The solicitation or acceptance of any gratuities or
favours, whether in cash or kind, in the course of or
related to service with the owners;
r) Repeated acts of misconduct of a lesser degree listed
in paragraph (3) after warnings have been given in
accordance with the procedures in paragraph (2).
2. Lesser acts of misconduct may be dealt with by:
a) Informal warning administered at an appropriate level
lower than that of the Master;
b) Formal warning by the Master, recorded in the ship's
official logbook.
c) When a formal warning is given, the Cadet should be
advised of the likely consequence of further acts of
misconduct.
3. Acts of misconduct, if proved to the reasonable satisfaction
of the Master, Officer or Petty Officer to have been
committed, for which the procedure in paragraph (2) is
considered appropriate, are:
a) Offences of the kind described in paragraph (1) which
are not considered to justify dismissal in the particular
circumstances of the case;
b) Minor acts of negligence, neglect of duty,
disobedience and assault;
c) Unsatisfactory work performance;
d) Poor time keeping;
e) Stopping work before the authorized time;
f) Failure to report to work without satisfactory reason;
g) Absence from place of duty or from the ship without
leave;
h) Offensive or disorderly behaviour.
4. In the event of dismissal the Seafarer may contact the
Company’s designated Manager; or the Seafarer may
contact an Official of the Union, who may take up the
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matter with the Company's designated Manager. In such
cases the representatives shall meet at a mutually agreed
location.
Appendix 2 – Grievance and Complaints
2.1 Grievance Procedure
a) The following procedure will apply for the settlement of
any grievance or complaint the Seafarer may have or wish
to make:-
b) The Seafarer should first raise the matter with his Head of
Department, who will attempt to resolve the matter.
c) If the Head of Department is unable to resolve the matter,
it shall then be referred to the Master.
d) If the grievance cannot be resolved, the decision of the
Master shall govern at sea and in ports. The Master shall
as soon as possible refer such dispute to the Company and
afford such facilities necessary to enable the Seafarer to
transmit his appeal to the Company and/or a relevant
union in order to have such dispute resolved. At the same
time the complaint shall be entered into the ship’s log
book.
e) The Seafarer shall present his complaint to the relevant
union within 30 days. Otherwise he shall be deemed to
have lost his right to complain or file a complaint in any
court or government office.
f) Legal action cannot be taken until the Company and the
relevant union have tried to settle the dispute and declared
the case should be submitted for judgment according to
laws of the Labour court
g) It is understood, however, if the dispute could not be
resolved then both parties shall avail of the grievance
procedure according to the rules of the Labour Court.
h) An Seafarer shall not take any legal action in court or any
government office until the grievance procedure has been
exhausted
2.2 Complaint Procedure
a) If the Seafarer has complaints related to her/his rights to
decent conditions of work, social security and welfare,
health and safety protection, accident prevention,
accommodation and recreational facilities, no sexual
harassment, no discrimination because of race, colour,
religion, sex, national origin, handicap, age or ancestry -
or any other matter related to alleged breaches of common
decency, respect and placement – all vessels’
management will contribute to and in case required also
manage and govern a mutual and fair, effective and
expeditious handling of any such complaints.
b) Such complaints should as far as practicable possible be
resolved at the lowest level possible in line of immediate
superiors. However all Seafarers shall have a right to
complain directly to one of the senior officers or the
master.
c) Seafarers are safeguarded against the possibility of
victimization for filing complaints. The term “victimization”
covers any adverse action taken by any person with
respect to the Seafarer for lodging a complaint which is not
manifestly maliciously made. Lodging a complaint is
without prejudice to the Seafarer’s right to seek redress
through legal means the Seafarer considers appropriate
and legal.
d) Seafarers have the right to be accompanied and to be
represented by another Seafarer of their choice on board
the ship – to attend any meetings into the subject matter
of the complaint.
e) If the complaint cannot be resolved, the decision of the
Captain shall govern at sea and in ports. The Master shall
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 as soon as possible refer such dispute to the to the
relevant Marine HR Department and afford such facilities
necessary to enable the Seafarer to transmit his appeal to
the Company
f) Seafarers shall commemorate and respect - that
complaints may be unjustified – such as but not limited to
complaints made with ulterior motive of:
i. personal revenge
ii. discrediting others
iii. highlighting own excellent entirety at the expense of
others
iv. complaints made in order to have greater personal
rights than others and greater personal rights than
can be justified
v. preparing a counteract for any later expected personal
prosecution or reprimand for own negligence or
breach of obligations
vi. exclusively made for the purpose of demonstrating
personal power, self-assertion, self-satisfaction and
self-importance
Appendix 3 – Drug and Alcohol Procedure
3.1 Policy Deployment - Principles
The Health and Safety Policy Statement says that, "It is our
policy to conduct our activities in a manner that protects the
health and safety of our employees, and that our vessel
operations and employees do not harm the health and safety
of others". The Drug and Alcohol Policy Statement says that,
"It is our policy that no employee, contractor or visitor shall be
under influence of any alcohol or drugs while on-board our
vessels".
These Policy Statements have been adopted to ensure the
health and safety of persons on board the vessel and to ensure
safe interactions with other persons and units and the
protection of the environment and of assets.
The consequence of the Policy Statements is that no drugs or
alcohol of any kind are allowed on board, except for those
required for the ship's medical supplies and first aid kits and
except for prescribed medicines which have been declared and
permitted on board.
Testing to confirm the absence of influence from drugs and
alcohol is to be carried out in support of the Policies and
Procedure, for example, on a pre-employment / boarding basis,
on an annual basis, randomly, for just cause, and post-incident.
It is the intention that this Procedure is implemented and
administered with due respect for the individual.
3.2 Testing
All positions on board Maersk Group vessels are safety-
sensitive positions. It is a violation of this Procedure to refuse
to take a drug or alcohol test as required.
a.) Pre-embarkation / boarding:
Prior to embarkation / boarding first assignment, all
personnel shall undergo a Medical Certificate for
Seafarers with a satisfactory result. Examination for
alcohol dependency is part of the medical examination.
b.) Random tests
Unannounced drug and alcohol tests or searches may be
initiated by the Shore-Based Personnel Department and /
or the Master to monitor compliance with the prohibition
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against possession or use of drugs or alcohol on board by
an Approved Test Provider.
c.) Post incident testing
Where there has been a serious marine incident, where it
is necessary to eliminate the use of drugs or alcohol as a
possibility, or where testing is considered necessary,
testing is performed as determined by the Shore-Based
Personnel Department and / or the Master.
3.3 The use of prescribed medication
A person on prescribed medication must provide the following
information to the Master, when boarding: name and type of
medication, trade name and generic name, active ingredient,
dosage to be taken, experienced or IF KNOWN potential side
effects.
3.4 Consequences
In the event that a person is found to be in possession of drugs
or alcohol while boarding or on board or to be under the
influence of drugs or alcohol, as defined above, actions as
deemed necessary by the Master and / or the Shore-Based
Personnel Department will be decided, including removal from
the vessel and termination.
When considering disciplinary action against an employee, the
Shore-Based Personnel Department and the Master will take all
of the circumstances into account, including disability, and will
be guided by just cause principles applicable within the flag
jurisdiction.
In case of reasonable suspicion that a person on board is in
possession of or under the influence of drugs or alcohol or is
misusing prescribed medicine, the Master, in consultation with
the Shore-Based Personnel Department, may initiate a search.
Appendix 4 - Compensation Payments
4.1 Disability
In the event the Seafarer suffers permanent disability in
accordance with the provisions of Article 20.0 of this
Agreement, the scale of compensation provided for under
shall be:
Degree of Percentage Rate of
Disability Compensation
(Officers)
By accident 100% USD 80,000
By Natural 100% USD 60,000
causes
In case of where the amounts set under the any applicable and
valid Collective Bargaining Agreement covering the rank,
nationality and vessel’s flag for which the Seafarer has been
assigned are higher than the abovementioned amount than the
more favourable compensation will prevail.
4.2. Loss of Life – Death in Service
Death by accident: Death in service benefits as provided in
Article 19 of this agreement will be:
To the nominated beneficiary: USD 80,000
Death by Natural causes: Death in service benefits as
provided in Article 20 of this agreement will be:
To the nominated beneficiary: USD 60,000
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In case of where the amounts set under the any applicable and
valid Collective Bargaining Agreement covering the rank,
nationality and vessel’s flag for which the Seafarer has been
assigned are higher than the abovementioned amount than the
more favourable compensation will prevail.
Appendix 5 – Cadet Training Obligation
During the training, the Cadet agrees to abide by all the terms
and conditions set out herein or communicated by the
Company to the Cadet from time to time. The Cadet must
follow the Company policies and procedures at all times. Any
breach of this Clause by the Cadet will entitle the Company to
terminate this Agreement without any prior notice to the Cadet.
The Cadet shall be deemed to have acquainted himself with the
terms and provisions of the Standing Instructions, appropriate
Master’s Circulars, Letter of Appointment and the Cadet
Training Scheme, all of which shall be deemed incorporated
herein and shall form part of this contract. Copies of these
documents will be made available to the Cadet on request.
The Cadet is responsible for his own progress throughout the
Cadet Training Programme in accordance with the standards
required by the Company. In this respect, he must ensure that
the projects contained in his Training Record Book are
completed and signed off during the course of his Cadetship.
Whilst signed on board an Assigned Vessel, the Cadet’s
performance shall be monitored by the Master and respective
training officers.
The Cadet must show an interest in ship, machinery, stores
and all the tasks he is involved with. The Cadet shall, at all
times by day or night, whenever his services may be required,
be diligent in his duty, promote the interests of the Maersk
Group and maintain a high sense of integrity. The Cadet agrees
to serve on board any vessels owned or operated by the Maersk
Group, trading worldwide.
The Cadet shall keep in contact with the Company regarding
his next vessel appointment. He must maintain a record of his
seatime and ensure that all required ancillary courses have
been completed.
The Cadet shall be responsible for obtaining and ensuring the
validity of all his travel documents prior to being signed onto
the Assigned Vessel.
Appendix 6 - Consent Concerning Personal Information
Data Privacy
The General Data Protection Regulation (GDPR) imposes limits
on the personal data that Maersk Tankers A/S may possess and
requires consent for certain employment-related processing of
personal data. To ensure compliance, Maersk Tankers A/S
employees are being asked to (i) remove certain personal data
from systems and drives and verify compliance, and (ii)
execute a modification of the data-related provisions of their
employment agreement.
Personal data clean-up verification
I verify that I understand and have complied in good faith with
the requirement to delete and going forward to not maintain
the following content and communications on Maersk Tankers
A/S systems and drives to which I have access: (a) all sensitive
personal data (ethnic origin, political opinions, religious or
philosophical beliefs, trade union membership, genetic or
biometric data, anything about health (mental or physical), sex
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life and sexual orientation and criminal activity and record)
placed on such systems or drives by me, (b) all personal
content and communications, (c) all content and
communications place on such systems or drives by me with or
regarding job applicants who are not currently being
considered for a job, and (d) all files placed on such systems
or drives by me evidencing any government-issued
identification of any person, unless necessary for a legitimate
purpose.
Modification of employment agreement
The following replaces the data-related provisions of your
employment agreement with Maersk Tankers A/S:
I consent that any personal data gathered by Maersk Tankers
A/S provided by me during my recruitment process as well as
personal data provided by me or compiled during my
employment with the Maersk Tankers A/S (collectively,
“personal data”) may be kept by Maersk Tankers A/S for
purposes of facilitating my employment. I understand that
Maersk Tankers A/S will hold and process my personal data
subject to relevant personal data protection law.
I consent that Maersk Tankers A/S may forward certain of my
personal data to other entities within Maersk Tankers A/S
globally for the purpose of facilitating my employment,
including for the purposes of more effectively operating Maersk
Tankers A/S. I also consent that Maersk Tankers A/S may
provide certain of my personal data to other entities outside
Maersk Tankers A/S as necessary for the purposes of
facilitating my employment. I consent that such may include
providing certain among my personal data to government
agencies as required by law or to private entities responsible
for facilitating your employment with Maersk Tankers A/S. I
consent that this may include provision of medical information
or other sensitive data about me. I understand that, where
required, Maersk Tankers A/S will contractually agree with such
parties as to their processing of my personal data.
I consent that all personal data is kept for the entire duration
of my employment with Maersk Tankers A/S and deleted within
a time period as required by law after termination of my
employment. I understand that I have the right to withdraw
my consents as provided here or to object to Maersk Tankers
A/S’s control of or processing my personal data. Any such
withdraw or objection should be sent to
dataprivacy@maersktankers.com. I understand that I have
the right to complain to the Danish Data Agency as to any
mishandling of my personal data as provided by law.
Signature of Seafarer: _______________________________
Date of Signature: 06/09/2021
Place of Signature: CONSTANTA, Romania
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