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[Open] EAGLESTAR UNIFIED TERMS AND CONDITIONS OF SERVICE FOR

SEAFARERS

UNIFIED TERMS AND


CONDITIONS OF
SERVICE
FOR SEAFARERS

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[Open] EAGLESTAR UNIFIED TERMS AND CONDITIONS OF SERVICE FOR
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Re v i s i on His tory

Date Prepared By Reason For Changes Revision


01 Jan 2020 Lai Ti Luen Introduction of UTC 1.0
01 Oct 2020 Lai Ti Luen Revision of UTC 1.1
Updates on:
Clause 18
01 Nov 2020 Lai Ti Luen 2.0
Clause 24
Appendix III

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T a ble of Conte nt s

REVISION HISTORY ......................................................................................................................................2

TABLE OF CONTENTS ...................................................................................................................................3

PART I GENERAL PROVISIONS ..................................................................................................................5

1. TITLE ................................................................................................................................................... 5
2. SCOPE ................................................................................................................................................. 5

PART II GENERAL TERMS AND CONDITIONS OF SERVICE .......................................................................6

3. EMPLOYMENT AND PERIOD OF SERVICE ONBOARD ........................................................................... 6


4. WORKING HOURS AND REST PERIODS ................................................................................................ 6
5. GENERAL DUTIES AND RESPONSIBILITIES ........................................................................................... 6
6. ASSIGNMENT TO VESSEL..................................................................................................................... 8
7. STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS (STCW)
CERTICATES, FLAG STATE DOCUMENTS, DISCHARGE BOOK AND IDENTITY DOCUMENT ............................... 8
8. PASSPORT AND TRAVEL DOCUMENTS ................................................................................................ 9
9. NOTICE OF READINESS (NOR) TO SAIL................................................................................................. 9
10. GRIEVANCE AND ON-BOARD COMPLAINT PROCEDURES ................................................................. 10

PART III SALARY AND OTHER MONETARY ITEMS .................................................................................11

11. SALARY .............................................................................................................................................. 11


12. ALLOWANCES AND BENEFITS ............................................................................................................... 12
13. SALARY DEDUCTIONS........................................................................................................................ 12
14. TAXES/LEVY ...................................................................................................................................... 12
15. STUDY GRANT SCHEME/TRAINING ................................................................................................... 12
16. SERVICE IN WARLIKE OPERATIONS AREAS OR HIGH RISK AREAS ...................................................... 12

PART IV TERMS AND BENEFITS ON TERMINATION OF SERVICE ............................................................14

17. NOTICE OF RESIGNATION OR TERMINATION OF SERVICE ................................................................. 14


18. COMPENSATION FOR LOSS OF EMPLOYMENT .................................................................................. 14
19. REPATRIATION/EMBARKATION ........................................................................................................ 14
20. MISCONDUCT ................................................................................................................................... 15

PART V LEAVE ITEMS ...........................................................................................................................17

21. EARNED LEAVE/LEAVE PAY ............................................................................................................... 17


22. COMPASSIONATE LEAVE/RELEASE ................................................................................................... 17
23. UNPAID LEAVE .................................................................................................................................. 18
24. MEDICAL LEAVE ................................................................................................................................ 18

PART VI MEDICAL, DENTAL AND INSURANCE .......................................................................................20

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25. MEDICAL EXAMINATIONS ................................................................................................................. 20


26. MATERNITY ....................................................................................................................................... 20
27. MEDICAL ATTENTION ....................................................................................................................... 21
28. MEDICAL ENTITLEMENT ................................................................................................................... 21
29. INSURANCE ....................................................................................................................................... 22
30. DISCHARGE FROM SERVICE: PERMANENT DISABILITY ...................................................................... 23

PART VII MISCELLANEOUS ITEMS ..........................................................................................................24

31. PERFORMANCE REPORTS ................................................................................................................. 24


32. TRAVEL ARRANGEMENT ................................................................................................................... 24
33. PAST SERVICE AND HEALTH DECLARATION....................................................................................... 24
34. COMPANY POLICY ............................................................................................................................. 24
35. SEAFARER’S WELLBEING ................................................................................................................... 24
36. FAMILY CARRIAGE ............................................................................................................................. 25

APPENDIX I – VESSEL LISTING ....................................................................................................................26

APPENDIX II – STANDARD TENURE ............................................................................................................29

APPENDIX III – ALLOWANCES & BENEFITS .................................................................................................33

APPENDIX IV – STUDY GRANT SCHEME / TRAINING ..................................................................................35

APPENDIX V – COMPENSATION FOR INJURY OR DEATH ............................................................................39

APPENDIX VI – TRAVEL ARRANGEMENT ....................................................................................................43

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P ART I G E NE RAL P RO V IS I O NS

1. TITLE

This Terms and Conditions of Service (T&C) shall be known as the "EAGLESTAR UNIFIED TERMS
AND CONDITION OF SERVICE FOR SEAFARERS".

2. SCOPE

(1) This T&C shall cover all categories of Seafarers who are listed in Appendix I of this
T&C and who are engaged in accordance with the prevailing legislation governing
maritime employment or the registered flag of the vessel (for vessels not under
Collective Bargaining Agreements); for work on such ships of the Company as are
listed in Appendix I to this T&C.
(a) Any reference to the masculine gender shall include the feminine gender unless
otherwise specifically excluded.
(2) The Company reserves the right to withdraw, amend, add or modify any of the terms,
conditions or appendices of the T&C herein from time to time as it may deem fit. Such
amendments will be made known via circulars issued by persons authorised by the
Company. Such circulars shall form part of the T&C herein.
(3) All information contained in the T&C herein shall be kept in strict confidence.
(4) In the event of the invocation of Force Majeure in the Seafarer domicile country, place
of embarkation or disembarkation; this T&C will be null, void and/or amended.
(5) Force Majeure is defined as follow:
(a) Strike, Riot or Civil Commotion
(b) War, invasion, act of foreign enemy hostilities (whether war is declared or not),
civil war, rebellion, revolution, insurrection, military or usurped power
(c) Pandemic
(d) Natural Disasters
(e) Act of God

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P ART I I G E NE RAL T E RMS AND CO NDI T I O NS O F S E RV I CE

3. EMPLOYMENT AND PERIOD OF SERVICE ONBOARD

(1) Seafarer Employment Agreement (SEA) will be issued upon completion of pre-joining
formalities and fulfilment of the following conditions: -
(a) The Company being provided with documentary proof of his
certifications/qualifications from the relevant various approving authority
recognized by the Company, the full listing of which shall be determined by the
Company from time to time dependant on business requirements.
(b) A certificate of fitness to sail issued by a Company approve doctor/medical
practitioner, confirming that the Seafarer is medically fit for the purposes of
discharging his duties.
(2) The commencement of employment and the period of service of a Seafarer onboard
a vessel is specified in the SEA as per Appendix II.
(3) Salary will commence upon departure from country of domicile.
(4) The Company may extend or reduce the period of service of a Seafarer onboard a
vessel up to a maximum of one (1) month without additional compensation. A
Seafarer, whose service onboard is extended beyond the period as per the SEA shall
be entitled for Extended Service Allowance (ESA); subject to T&C. (This provision is
not applicable to Trainee Officers and Cadets).
(5) Upon acceptance of the SEA and its T&C, the Seafarer shall endeavour to ensure
exclusivity of service to the Company throughout his period of service and shall be
prohibited to engage in any other activities which, directly or indirectly in any
foreseeable manner, conflicts with his service with the Company.

4. WORKING HOURS AND REST PERIODS

(1) Please refer to IMS-MO-OPS Watchkeeper Work & Rest Hours Section 4.

5. GENERAL DUTIES AND RESPONSIBILITIES

(1) During the continuation of the T&C herein, a Seafarer shall diligently, faithfully and to
the best of his ability:
(a) Carry out functions and duties entrusted to the Seafarer in the capacity in which
the Seafarer is required to serve;
(b) Perform other duties and responsibilities not specified herein but assigned or
directed from time to time by the Company or the Master as and when deemed
necessary;
(c) Exercise skills that commensurate with the qualifications and experience that
he declares to possess;

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(d) Observe and execute all lawful directions, rules, regulations and instructions
given from time to time by the Master, the Company or persons authorized by
the Company;
(e) Be bound by, observe and abide by all the rules, policies, procedures, codes
and regulations that are made by the Company and/or National or International
Laws, from time to time. Further, the Seafarer shall comply with all shipboard
safety rules and practices and local port regulations;
(f) A Seafarer who fails to report for duty/training as instructed by the Company
and does not inform or produce any evidence of an attempt to inform the
Company of his absence shall be deemed to be absent without justifiable
reason and liable for summary dismissal under Clause 20.
(2) A Seafarer whilst in service with the Company, shall not without the prior written
consent of the Company, be engaged in any form of trade, business, occupation or
employment other than his engagement with the Company regardless of whether it
conflicts or does not conflict with the business of the Company.
(3) A Seafarer whilst in service with the Company shall not in any way conduct himself or
engage himself in any activity which may damage the image or reputation of the
Company.
(4) A Seafarer shall inform the Company of any act or omission that may amount to
dishonesty, fraud, wrongful or improper conduct or any improper or irregular practices.
(5) A Seafarer shall make good all losses, damage or cost incurred by the Company as a
consequence of his breach or neglect duty.
(6) A Seafarer further acknowledges and covenants as follows:
(a) That the information gained by him in the performance of his duties shall not be
made known to the general public or to those engaged in the Company unless
required by his duties or consented to by the Company;
(b) That he shall not, except as authorized or required by the law, use, divulge or
communicate to any person (other than those whose province is to know or with
proper authority) any information concerning any transaction, accounts,
information, dealings or business affairs affecting the Company and/or its
customers and/or any other persons that the Company may have dealings with;
(c) That he shall exercise all due care and diligence so as not to cause or permit
any unauthorized disclosure of any information concerning any transaction,
accounts, information, dealings or business affairs affecting the Company
and/or its customers and/or any other persons that the Company may have
dealings with;
(7) The restriction in Clause 7(6) above shall remain in full force and effect and binding
upon the Seafarer notwithstanding the termination of his services.

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6. ASSIGNMENT TO VESSEL

(1) A Seafarer must ensure that he is always in a state of readiness to take up an


assignment which includes all documents/certificates/passport/traveling documents to
be valid and satisfy all requirements that are applicable to the assignment.
(2) A Seafarer may be assigned at any time to any vessel as appropriate to their relevant
certificates and the Company may place the Seafarer to a lower rank if necessary.
Where the assignment is to a lower rank, the seafarer may be paid according to the
rank so assigned.
(3) The Company reserves the right to transfer a Seafarer between vessels and within the
Eaglestar Group of Companies. This right to transfer of services also including parent
companies, subsidiaries, associated or affiliated companies.
(4) While the Seafarer is on board a vessel, he may be transferred to another vessel due
to emergencies or operational reasons. Due notice may be given where possible.
(5) Where a Seafarer is required by the Company to be transferred from one vessel to
another during Shipboard Service based on the same rank, wages and other terms of
his current service and the second vessel is engaged on the same or similar voyage
patterns with the original vessel, there shall be no loss of earnings or entitlements for
the Seafarer during the transfer period. The Company shall cover for all cost and
subsistence for and during the transfer period.
(6) The Company shall bear all transfer expenses including those of the Seafarer’s wife
and children if they are on board with him at the time of transfer.

7. STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING

FOR SEAFARERS (STCW) CERTICATES, FLAG STATE DOCUMENTS,

DISCHARGE BOOK AND IDENTITY DOCUMENT

(1) A Seafarer shall adhere to the requirements of the latest STCW applicable which
requires the original and valid certificates to be kept onboard the Vessel on which its
lawful holder is serving. This includes the original of any endorsement, “documentary
evidence” or “evidence” of training or competence required by the said STCW.
(2) Seafarers are responsible in ensuring that all certificates and documents are
revalidated in advance. Failure to do so may result in them being placed on forced
unpaid leave upon the expiry of their Earned Leave, assignment/attachment period
and study period.
(3) A Seafarer is required to have in his possession valid Flag State Documents required
for each Shipboard Service.

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8. PASSPORT AND TRAVEL DOCUMENTS

(1) Prior to the commencement of Shipboard Service, a Seafarer must be in possession


of an international passport that has a minimum of twelve (12) months’ validity period
and a minimum of three (3) clear pages for immigration purposes. The cost of
obtaining travel documents shall be borne by the Seafarer.
(2) Failure to do so shall result in the Seafarer being placed on forced unpaid leave upon
the expiry of his Earned Leave until his next Shipboard Service.
(3) If the Shipboard Service or shore attachment of a Seafarer necessitates possession
of a visa, he must make arrangements to obtain the same. The costs incurred will be
reimbursed by the Company.

9. NOTICE OF READINESS (NOR) TO SAIL

(1) For continual assignment with the Company, the Seafarer shall submit a proper Notice
of Readiness (NOR).
(2) A proper submission of NOR is defined as follow:
(a) Timeline for Submission of NOR
(i) It is an action whereby the Seafarer formally submits his Readiness Date.
(ii) The submission of NOR must be at least 30 days or earlier, prior to the
expiry of the Seafarer’s Earned Leave.
(b) Readiness Date
(i) It is a date whereby Seafarer is ready to depart for assignment in all
aspects; with all documents such as valid passport, certificates and visas.
(ii) The Readiness Date must be at least 15 days or earlier, prior to the
expiry of the Seafarer’s Earned Leave.
(iii) The Company reserves the rights to reject the Readiness Date.
(3) Under normal situation and subject to the above conditions, Seafarer who had
submitted a proper NOR might be entitled to Standby Pay upon expiry of the
Earned Leave. However, the Seafarer will not be entitled to any Standby Pay if:
(a) The Seafarer rejects the assigned vessel or any shore assignment.
(b) The Seafarer changes the Date of Readiness.
(c) Submission of NOR was incomplete such as documents were not valid for
Seafarer to travel.
(d) The Seafarer is not able to join the assigned vessel due to personal reasons or
medical reason (either physical or mental). For any personal reason, the
Seafarer should apply to respective manning office for proper approval of
unpaid leave stating reasons and duration of the unpaid leave.
(e) The Seafarer, for reasons of a pandemic and natural disaster declared in
domicile country or country of embarkation or any similar reasons is not able to
sign on due to restrictions imposed by authorities at port of embarkation or on

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travel to join vessel.


(4) Failure to submit proper NOR or for reasons stated in 3a, 3b and 3c shall result in the
following:
(a) Upon expiry of Earned Leave, the status of seafarer will automatically be
changed to Extended Leave (Unpaid) and all benefits will be ceased
immediately from the date of the expiry of the leave.
(b) After 30 days of Extended Leave (Unpaid), the company will deem that the
seafarer is not interested to continue his/her service with the Company.
(5) The employee may appeal within 30 days to Human Resource, stating reasons for
failure to submit proper NOR and any decision on 4a or 4b.
(a) If the reasons are acceptable to the company and appeal is considered
favourably, the employee may be reinstated for future contract with the
company.
(b) In the event that the reasons stated by the seafarer are not acceptable the
company may consider either
(i) To accept the seafarer for future contracts as a new employee or
(ii) Not to accept the appeal and seafarer will not be considered for
employment with the company.

10. GRIEVANCE AND ON -BOARD COMPLAINT PROCEDURES

(1) Please refer to IMS-HRS-OPS-SPC Section 4.5.


(2) For the On-board Complaint Form, please refer to FR-HR25.

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P ART I II S ALARY AND O THE R MO NE T ARY IT E MS

11. SALARY

(1) All wages and allowances are in United States Dollar (USD); or otherwise stated in
the SEA.
(2) The commencing monthly salaries for a Seafarer shall be in accordance with the
signed SEA which shall be prorated for part thereof for an incomplete month. Basic
salary will be paid while the Seafarer is in transit to join the vessel or sign off from the
vessel.
(3) Payment of wages shall commence from the day of departure from the Seafarer
domicile country or place of engagement; and shall continue at monthly interval until
the date of signing off from the vessel or on the day of his arrival at the Seafarer
domicile country or place of engagement, whichever is the later; and shall be prorated
for part thereof for an incomplete month.
(4) For the purpose of calculating salary, a calendar month shall be regarded as having
30 days.
(5) Grievance of salary and allowances, less any authorized deductions, will be made by
the end of each month or at any time decided by the Company.
(6) In the event a Seafarer is required and instructed to serve in a post of a higher rank,
the Seafarer shall be paid an appropriate acting allowance during the period the
Seafarer is required to serve in such post or any amended period thereof. However,
at the expiry of the said period, the Seafarer shall revert to his original rank and no
further acting allowance shall be paid to him.
(7) A Seafarer agrees and acknowledges that he may be required to serve in a rank below
his existing rank for operational exigencies while onboard. However, in such a case,
the Seafarer shall retain his existing rank and receive salary and benefits accorded to
him in his existing rank.
(8) Seafarers are required to open a bank account in their country/residence.
(9) Seafarers are required to make their own arrangements with their bank if they intend
to transfer part, or all, of their salary to their beneficiary(s).
(10) Increments or adjustment to the Company salary scales shall be payable from the
effective date that the Company may decide. Trainee Officers and Cadets are not
entitled to increments and adjustments of salary by the Company. Any payment of
increment or renew of salaries is at absolute discretion of the Company.
(11) Only under special circumstances, any reimbursement for signing off must be
submitted within 3 days upon reaching domicile country.

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12. ALLOWANCES AND BENEFITS

Allowances and Benefits shall be as per Appendix III.

13. SALARY DEDUCTIONS

(1) Salary deductions relating to the following will be made against a Seafarer’s salary:
(a) Cash advances issued by Master and Agents;
(b) All statutory contributions to authorized bodies;
(c) Bonded accounts;
(d) Telex, telephone, e-mail & communication charges for personal accounts;
(e) Repatriation and Reliever’s joining airfares and other related expenses when a
Seafarer requests for an early sign-off before completing his Shipboard Service
or when repatriated for any one of the reasons in Clause 20;
(f) Settlement of accounts relating to personal Family travel;
(g) Bank charges due to wrong information provided;
(h) Monies not earned, but paid to a Seafarer in error;
(i) Deduction due to payment under cadetship Agreement.
(j) All other deductions as authorized by the Master, the Company or Agents; and
(k) All other deduction as authorized in the Crew Agreement

14. TAXES/LEVY

All matters relating to personal taxes/levies and obtaining the requisite tax/levy clearance, if
applicable, shall be the responsibility of the Seafarer.

15. STUDY GRANT SCHEME/TRAINING

Study Grant Scheme and Training shall be as per Appendix IV

16. SERVICE IN WARLIKE OPERATIONS AREAS OR HIGH RISK AREAS

(1) A Warlike Operations area, high risk zone or similar designations will be declared by
the ITF. The list of such ITF designated areas will be available in the ITF’s website
and amended from time to time. An updated list of the Warlike Operations areas shall
be kept on board the vessels and shall be accessible to the crew.
(2) At the time of the assignment the Company shall inform the Seafarers if the vessel is
bound to or may enter any Warlike Operations area. If this information becomes
known during the period of the Seafarers’ employment on the vessel the Company
shall advise the Seafarers immediately.

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(3) If the vessel enters a Warlike Operations area:


(a) The Seafarer shall have the right not to proceed to such area. In this event the
Seafarer shall be repatriated at Company’s cost with benefits accrued until the
date of return to his/her home or the port of engagement.
(b) The Seafarer shall be entitled to a double compensation for disability and death.
(c) The Seafarer shall also be paid a bonus equal to 100% of the basic wage for
the duration of the ship’s stay in a Warlike Operations area – subject to a
minimum of 5 days’ pay.
(d) The Seafarer shall have the right to accept or decline an assignment in a
Warlike Operations area without risking losing his/her employment or suffering
any other detrimental effects.
(4) In addition to areas of Warlike Operations, the ITF may determine High Risk Areas
and define, on a case-by-case basis, the applicable Seafarers’ benefits and
entitlements, as well as employers’ and Seafarers’ obligations. In the event of any
such designations the provisions of sub-Clauses (3) above shall apply.
(5) In case a Seafarer may become captive or otherwise prevented from sailing as a result
of an act of piracy or hijacking, irrespective whether such act takes place within or
outside ITF designated areas referred to in this Clause, the Seafarer’s employment
status and entitlements under this Agreement shall continue until the Seafarer’s
release and thereafter until the Seafarer is safely repatriated to his/her home or place
of engagement or until all Company’s contractual liabilities end. These continued
entitlements shall, in particular, include the payment of full wages and other
contractual benefits. The Company shall also make every effort to provide captured
Seafarers, with extra protection, food, welfare, medical and other assistance as
necessary.

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P ART I V T E RMS AND BE NE FI TS O N T E RMI NAT I O N O F S E RV ICE

17. NOTICE OF RESIGNATION OR TERMINATION OF SERVICE

(1) In cases, other than those of dismissal for misconduct, during a Seafarer's period of
service, either party may terminate a Seafarer's employment with the Company by
giving to the other party one month’s notice in writing or one month’s salary in lieu
thereof.
(2) Notwithstanding the above, should a notice of termination be given by the Seafarer
whilst on Shipboard Service, the Seafarer concerned shall be required to complete his
notice period onboard and continue until the port of disembarkation. If the notice period
ends before the completion of the normal Tour of Duty as per the SEA, the Company
reserves the right to recover the costs incurred for his repatriation.
(3) While the Company endeavours to make all necessary effort to disembark the
concerned Seafarer, the Seafarer must continue to fulfil the obligation of duties during
the notice period or beyond as per Clause 18 (2).
(4) The Company shall not offset earned leave against the notice period.
(5) A Seafarer who serves notice of resignation/not accepting any shipboard assignment
whilst on leave
(a) Before submission of NOR shall be released and not assigned any shipboard
service.
(b) After submission of NOR shall be released and not assigned any shipboard
service. Any standby salary if so, had been paid to the Seafarer shall be
refunded to the Company immediately.
(6) A Seafarer who fails to report within a month after completion of his earned or
approved unpaid leave, shall be deemed to have no further interest to return for
service with the Company.

18. COMPENSATION FOR LOSS OF EMPLOYMENT

(1) In the event of loss of employment due to sale, laying up, change of registry, change
of management of a vessel or due to wreckage or any other reasons resulting in the
termination of the service of a Seafarer; the Company shall pay the Seafarer a
compensation of last drawn basic salary till end of SEA or a maximum of two month
last drawn basic salary, whichever is lower.
(2) A Seafarer so affected shall be given notice of termination in accordance with Clause
17 (1) of this Agreement.

19. REPATRIATION/EMBARKATION

(1) Repatriation shall take place in such a manner that it considers the needs and

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reasonable requirements for the comfort of the Seafarer.


(2) During repatriation for normal reasons, the Company shall be liable for the following
costs until the Seafarer reaches his domicile country or as per SEA
(a) Payment of basic salary between the time of discharge and the arrival of the
Seafarer domicile country or as per SEA
(b) The cost of accommodation
(c) Reasonable personal travel and subsistence cost during the travel period which
is covered by the Travel Allowance.
(d) Transport of the Seafarer’s personal effects up to the amount allowed free of
charge by the relevant carrier agreed with the Company.
(3) If a Seafarer resigns prematurely from the vessel or is dismissed for serious offences
while abroad, he or she shall bear the cost of his or her airfare to his domicile country
or as per SEA.
(4) The provisions of Clause 20(2) shall also apply to Seafarers travelling to join the
vessel.

20. MISCONDUCT

(1) The Company may terminate the employment of a Seafarer following a serious default
of the Seafarer’s employment obligations which gives rise to a lawful entitlement to
dismissal, provided that the Company shall, where possible, prior to dismissal, give
written notice to the Seafarer specifying the misconduct or incompetence which has
been the cause of the dismissal.
(2) In the event of the dismissal of a Seafarer in accordance with this Clause, the
Company shall be entitled to recover from that Seafarer his balance of wages, the
costs involved with repatriating the Seafarer together with such costs incurred by the
Company as are directly attributable to the Seafarer’s proven misconduct, and shall
not contravene the Merchant Shipping (Seamen’s Wages and Accounts) Regulations.
Such cost does not, however, include the costs of providing a replacement for the
dismissed Seafarer.
(3) For the purpose of this Agreement, refusal by any Seafarer to obey an order to sail
the vessel shall not amount to a breach of the Seafarer’s employment obligations
where:
(a) The vessel is unseaworthy or substandard in relation to the applicable
provisions of the Safety of Life at Sea Convention (SOLAS) 1974, the
International Convention of Loadlines (LL) 1966, the Standards of Training
Certification and Watchkeeping Convention (STCW) 1978 as amended, the
International Convention for the Prevention of Pollution from Ships 1973, as
modified by the Protocol of 1978 (MARPOL) or substandard in relation to ILO
Convention No. 147, 1976, Minimum Standards in Merchant Vessels as
supplemented by the Protocol of 1996 and remains for a period of 30

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consecutive days provided that adequate living conditions and provisions are
provided on board or ashore. In any event, a vessel shall be regarded as
substandard if it is not in possession of the certificates required under both
applicable national laws and regulations or international instruments.
(b) For any reason it would be unlawful for the vessel to sail.
(c) The Seafarer has a genuine grievance against the Company in relation to the
implementation of this Agreement and has complied in full with the terms of the
Company’s grievance procedure, or
(d) The Seafarer refuses to sail into a war like, high risk or similar areas.

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P ART V LE AV E IT E MS

21. EARNED LEAVE/LEAVE PAY

(1) Earned Leave accrues during the period a Seafarer is on shipboard or shipyard
service.
(2) Earned Leave commences from the day a Seafarer reaches his country of domicile.
(3) Should a Seafarer intend to be considered for future Shipboard Service, he is required
to submit to the Company his Notice of Readiness (NOR) as per Clause 9.
(4) The Company reserves the right to recall a Seafarer for Shipboard Service whilst he
is on Earned Leave or request him to reschedule his Earned Leave for operational
exigencies.
(5) Earned Leave will not be carried forward to the next assignment.
(6) Leave pay will be paid monthly while the Seafarer is on Shipboard Service; or
otherwise stated.

22. COMPASSIONATE LEAVE/RELEASE

A Seafarer shall be granted compassionate leave in accordance with the Compassionate Leave
Scheme as outlined in this Agreement.
(1) Compassionate leave of 2 days (without any monetary value) shall be granted to a
Seafarer under the following circumstances:
(a) Serious illness of the members of the Seafarer’s immediate family.
(b) Demise of members of the Seafarer’s immediate family.
(c) Any natural disaster affecting the Seafarer’s immediate family.
(2) The repatriation expense of a Seafarer granted compassionate leave shall be borne
by the Company.
(3) Definition of immediate family:
(a) If the Seafarer is a bachelor, his father and mother shall constitute the members
of his immediate family.
(b) If the Seafarer is married, the members of his immediate family shall consist of
his wife, children and his father and mother.
(4) The Company shall grant compassionate leave subject to a replacement Seafarer
being available.
(5) The Company reserves the right to release a Seafarer from further obligation to
complete the contract if there is no available position.
(6) Relevant supporting documents are required when applying for Compassionate
Leave.

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23. UNPAID LEAVE

(1) The grant of unpaid leave shall be subjected to the exigencies of the service and at
the discretion of the Company, but the Company shall not unreasonably withhold
approval in cases of requests for unpaid leave where -
(a) An application has been made in writing one month in advance;
(b) A Seafarer has over two years' continuous service; or
(c) The period of unpaid leave requested does not exceed three months.
(2) A female Seafarer requiring unpaid leave on maternity grounds may apply for such
leave for a period of up to 6 months. The Company may consider such application
based on its merits, provided the application is made within the first two months after
the delivery of her child. A female seafarer requiring unpaid leave on maternity
grounds may apply for such leave for a period of up to 6 months.
(3) Unpaid leave will not be counted as a service to the Company.
(4) Upon entering the Unpaid Leave status, the Company has the right to withdraw all
benefits from the Seafarer and not only limited to:
(a) Payment of bonuses, if applicable
(b) Family medical and insurance benefits
(c) Standby pay
(d) Sick leave pay
(e) Access to Company’s email and system

24. MEDICAL LEAVE

(1) A Seafarer 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 Seafarer is repatriated.
(2) A Seafarer who has been repatriated as a result of sickness or injury 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 130 days after repatriation, subject to the
submission of satisfactory medical reports where necessary, by a Company
appointed doctor;
(b) In the case of injury, for so long as medical attention is required or until a medical
determination is made in accordance with Clause 31 concerning permanent
disability.
(c) In those cases where, following repatriation, Seafarers have to meet their own
medical care costs, in line with sub-Clause (3)(a) above, they may submit claims
for reimbursement within 6 months, unless there are exceptional circumstances,
in which case the period may be extended.
(3) A Seafarer shall be entitled to sick leave on basic wage for a period not exceeding 130

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days on basic wage for any single or related injury, disablement or illness during his
contract of service with the company. He shall not be entitled to sick leave pay during
earned leave or unpaid leave. (This is not applicable to Trainee Officers and Cadet).
This entitlement shall not apply in the following cases:-
(a) Injury occurred other than during Shipboard Service;
(b) Injury or sickness due to wilful misconduct or default or misbehaviour; and
(c) Sickness or infirmity intentionally concealed when the engagement is entered
into.
(4) Sick leave shall only be granted on the recommendation of the Company appointed
doctor/medical practitioner. In cases of emergency, the Company shall accept a sick
leave certificate from a registered medical practitioner other than the Company’s
doctor, provided that the sick leave certificate is presented to the Company doctor for
endorsement as soon as practicable and provided also that the case is referred as
soon as practicable to the Company doctor.
(5) 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 Seafarer 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.

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P ART V I ME DI CAL, DE NT AL AND I NS URANC E

25. MEDICAL EXAMINATIONS

(1) A Seafarer is required to be medically examined and be issued with a non-restrictive


medical examination certificate by a medical practitioner duly recognized by the
Company and in compliance to the Company’s Medical Standard for Seafarers.
(2) The following medical examinations will be conducted by doctors nominated by the
Company and all original medical results shall be forwarded to the Company:
(a) Prior to joining, the Company must ensure the Seafarer is fit to the purposes of
discharging his duties and further meet the requirements of the Flag State’s and
Company Medical Standard for Seafarers. This shall include Drug and Alcohol
testing.
(b) A Seafarer shall attend a medical examination which shall include Drug and
Alcohol testing at intervals not exceeding two (2) years and at any time should
the Company so require. In this instance, a medical certificate shall be valid for
a maximum period of two (2) years from the date of the certificate only.
(c) If during a medical examination, a Seafarer fails to meet the requirements of the
Flag State’s and Company Medical Standard for Seafarers, he shall be placed
on unpaid leave upon expiry of his Earned Leave.
(d) If during the following medical examination, the Seafarer again fails to meet the
requirements of the Flag State’s and Company Medical Standard for Seafarers,
the Seafarer will be deemed unsuitable for service.
(3) Seafarers are also advised that random and unannounced drug and alcohol testing
will be conducted onboard.

26. MATERNITY

(1) In the event that a Seafarer is confirmed pregnant during the period of her
employment:
(a) The Seafarer shall advise the Master;
(b) The Company shall repatriate the Seafarer as soon as reasonably possible but
in no case later than the 26th week of pregnancy; and where the nature of the
vessel’s operations could in the circumstances be hazardous – at the first port
of call.
(c) The Seafarer shall be entitled to three (3) months of paid maternity leave (basic
salary) commencing immediately on the day of her delivery.
(2) Upon request from the Seafarer, the Company will best endeavour to place the
Seafarer under shore attachment during her pregnancy period. Salary for shore
attachment will be on Company discretion.
(3) After the delivery, the Seafarer may apply for Maternity Unpaid Leave for not more

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than 9 months.

27. MEDICAL ATTENTION

(1) A Seafarer shall be entitled to immediate medical attention when required and to
dental treatment of dental extractions, acute pain and emergencies.
(2) The Company shall not be liable for any expenses -
(a) For or in connection with dental care or treatment (other than for dental
extractions caused by medical emergency circumstances and/or incidents) or
in connection with obtaining dental aid or appliances including dentures;
(b) For or in connection with optical care, treatment and any optical aid or
appliances;
(c) In respect of or arising from or for the treatment of any illness, disease,
disablement or injury arising directly or indirectly from attempted suicide, any
unlawful immoral act, misconduct, the abuse of drugs, use of illegal substances,
the excessive consumption of alcohol or participation in any hazardous activities
except (in case of such participation) when endeavouring to save or protect
human life or the vessel on which the Seafarer is engaged or the cargoes
onboard such vessel;
(d) Expenses arising out of any illness or disease which the Seafarer knowingly
failed to disclose during his/her pre-employment medical examination.

28. MEDICAL ENTITLEMENT

(1) When a Seafarer is landed at any port because of sickness or injury a pro rata payment
of their basic wages shall continue until they have been repatriated at the Company’s
expense.
(2) Thereafter the Seafarer shall be entitled to sick pay at the rate equivalent to their basic
wages while they remain sick up to a maximum of 130 days after repatriation. The
provision of sick pay following repatriation shall be subject to submission of a valid
medical certificate, without undue delay.
(3) However, in the event of incapacity due to an accident, the basic wages shall be paid
until the injured Seafarer has been cured or until a medical determination is made in
accordance with Clause 29 and Appendix V.
(4) Proof of continued entitlement to sick pay shall be by submission of satisfactory
medical reports, endorsed, where applicable necessary, by a Company appointed
doctor as soon as practicable within seven days from the date of issue. If a doctor
appointed by or on behalf of the Seafarer disagrees with the assessment, a third doctor
may be nominated jointly between the Company and the Seafarer and the decision of
this doctor shall be final and binding on both parties.

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29. INSURANCE

(1) Protection & Indemnity Insurance (P&I):


(a) The P&I Insurance is undertaken by the Company to provide coverage on all
vessels, including coverage to the Seafarer during their Shipboard Service.

(2) Compensation on loss of personal effects:


(a) When a Seafarer suffers total or partial loss of, or damage to, his personal
effects whilst serving onboard the vessel, as a result of fire, collision, sinking or
any other maritime accident or peril or piracy, excluding however any loss or
damage caused by his own fault or through theft or misappropriation, he shall
be entitled to receive from the Company compensation up to a maximum
amount of USD 3,300.00. Such compensation will be made against reasonable
costs of the effects lost agreed between the Company and Seafarer.
Notwithstanding that, there shall be no recovery in respect of cash, jewelleries,
negotiable instruments, electronic devices, or objects of a rare or precious
nature including rare or precious stones.
(b) The Company however, shall not be responsible if Seafarer suffer total or partial
loss or damage to personal effects, uniforms, tools, instruments and etc whilst
on earned leave or travelling to and from his assignment.
(3) Compensation for injury or death:
(a) Except as provided under sub-Clauses (3)(g) and (3)(h) of this Clause, the
Company shall pay compensation to a Seafarer for any injury or death arising
from an accident while in the employment of the Company.
(b) A Seafarer who has been paid compensation under the Workmen’s
Compensation Act shall be entitled to receive only the difference between the
amount paid to him under the Workmen’s Compensation Act and the amount
provided under Appendix I to this Agreement, if the latter amount is higher than
the compensation assessed by the Labour Law or any other relevant authority.
(c) A Seafarer shall not be entitled to any compensation for any injury or death
arising from an accident during unpaid leave.
(d) A Seafarer who suffers temporary incapacity shall be entitled to medical
benefits and paid medical leave as stipulated in Clause 24.
(e) If a Seafarer dies during service onboard through any cause (with the exception
of death due to deliberate causes such as suicide, substance abuse overdose,
death resulting from reckless or unlawful acts, and other deliberate causes of
death) including death from natural causes or death occurring whilst travelling
to and from the vessel, or as a result of marine or other similar peril, the
Company shall pay 100% of the maximum compensation for the affected
Seafarer as shown in Appendix V to this agreement.
(f) The Company shall pay a Seafarer on Earned leave, compensation for any

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injury or death arising from an accident as shown in Appendix V to this


Agreement. For the purpose of this Clause, a Seafarer is considered to be on
earned leave when he signs off a ship and arrives in his country of domicile.
Provided always that the total expenses for medical consultation and treatment,
including hospitalisation payable by the Company shall in no event exceed
United States One Hundred and Eighty Thousand Dollars (US$180,000).
(g) A Seafarer who deserts the ship shall be deemed to have left the Company's
employment and therefore, not be entitled to any compensation for injury/death
sustained after he has deserted the ship.
(h) A Seafarer or his estate that has recovered all the compensation payable under
this Agreement in respect of any injury or death shall be deemed, if the
compensation is not less favourable than the corresponding compensation
payable under the Workmen’s Compensation Act or similar legislation, to have
received all compensation payable under the Act and shall have no further claim
whatsoever against the Company or shipowner or any charterer by demise in
respect of that injury or death, regardless of whether or not a deed of release
has been signed as full and final settlement. However, a Seafarer or his estate
that institutes an action for damages in respect of that injury or death in any
court against the Company or ship-owner or any charterer by demise without
first recovering the compensation payable under this Agreement in respect of
that injury or death shall not be precluded from subsequently recovering the
difference between the compensation under this Agreement and the damages
awarded by court if the compensation is greater.

30. DISCHARGE FROM SERVICE: PERMANENT DISABILITY

(1) The Company shall pay a Seafarer who has been certified by a Company approved
doctor to be permanently disabled or unfit for continuing in his employment, a sum in
accordance with the schedule provided in Appendix V.
(2) A Seafarer shall not be entitled to this benefit where disability arises as a result of:
(a) Chronic alcoholism, use of stimulants, drugs or narcotics, not prescribed by, or
used otherwise than in the manner prescribed by a physician;
(b) Pre-existing medical condition, or complications brought forth by pre-existing
medical conditions;
(c) Unlawful acts or attempts;
(d) Attempted suicide;
(e) Engagement in other occupation and/or business enterprise;
(f) Disability arising directly due to the Seafarer's own negligence or which may
result from unnecessary or unreasonable acts on the part of the Seafarer; or
(g) Act of warfare, riot, insurrection, civil disturbance or any similar occurrence
unless waived by the Company.

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P ART V II MI S CE LLANE O US I TE MS

31. PERFORMANCE REPORTS

(1) Confidential Performance Reports:


(a) Performance Reports for Seafarer must be carried out and submitted to the
Company pursuant to the requisite guidelines and policies.
(b) Senior Officers shall assist their respective Managerial Officers in the
preparation of progress and other reports relating to Officers, Ratings, Trainees
or Cadets in their respective departments.
(c) All Performance Reports must be discussed with the individual being assessed.
(d) All confidential reports will be treated as such and will only be accessed by the
Company when necessary.

32. TRAVEL ARRANGEMENT

Travel Arrangements will be as detailed in Appendix VI.

33. PAST SERVICE AND HEALTH DECLARATION

A Seafarer shall declare and confirm that all information of his past sea service as well as his
condition mentioned in his application form is true and accurate. Any misrepresentation of the
information above shall be grounds for the termination of his services. Further, he shall be made
liable for all costs relating to his repatriation including the costs of obtaining his replacement and other
expenses that the Company may suffer due to delay, fines, and off-hire.

34. COMPANY POLICY

The Seafarer shall ensure compliance with Company policies at all times during the course of their
service as stipulated in iDMS and all other periodical circulars issued by the Company.

35. SEAFARER’S WELLBEING

(1) The Company considers the wellbeing of all Seafarers (irrespective of nationality,
ethnicity, religion, creed, beliefs, gender or sexual preference) as important for the
continued onboard harmony and safe operations of its Vessels.
(2) Any Seafarer found guilty of practicing any act of harassment or misconduct of any
nature shall be considered to have breached the Terms and Conditions herein and
therefore shall be liable to be determined under Clause 20.

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36. FAMILY CARRIAGE

(1) Please refer to IMS-HRS-OPS Section 4.7.

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AP P E NDI X I – VES S E L LI STI NG

List of Vessels

# Name Type IMO NO Fleet

1 AMAN SENDAI LNG 9134323 LNG


2 AVENIR ADVANTAGE LBV 9830898 LNG
3 BUNGA KASTURI VLCC 9273337 Petroleum
4 BUNGA KASTURI DUA VLCC 9292632 Petroleum
5 BUNGA KASTURI EMPAT VLCC 9337133 Petroleum
6 BUNGA KASTURI ENAM VLCC 9327554 Petroleum
7 BUNGA KASTURI LIMA VLCC 9327114 Petroleum
8 BUNGA KASTURI TIGA VLCC 9302968 Petroleum
9 BUNGA KELANA 10 AFRAMAX 9292981 Petroleum
10 BUNGA KELANA 7 AFRAMAX 9284582 Petroleum
11 BUNGA KELANA 8 AFRAMAX 9284594 Petroleum
12 BUNGA KELANA 9 AFRAMAX 9292979 Petroleum
13 BUNGA KENANGA AFRAMAX 9189122 Petroleum
14 BUNGA LAUREL PRODUCT 9529645 Product
15 BUNGA LAVENDER PRODUCT 9542130 Product
16 BUNGA LILAC PRODUCT 9542166 Product
17 BUNGA LILY PRODUCT 9542178 Product
18 EAGLE BARCELONA AFRAMAX 9795048 Petroleum
19 EAGLE BINTULU DF AFRAMAX 9795074 Petroleum
20 EAGLE BRASILIA DF AFRAMAX 9795062 Petroleum
21 EAGLE BRISBANE AFRAMAX 9795050 Petroleum
22 EAGLE HANOVER AFRAMAX 9398723 Petroleum
23 EAGLE KANGAR AFRAMAX 9417024 Petroleum
24 EAGLE KINABALU AFRAMAX 9422196 Petroleum
25 EAGLE KINARUT AFRAMAX 9422201 Petroleum
26 EAGLE KLANG AFRAMAX 9417892 Petroleum
27 EAGLE KUANTAN AFRAMAX 9417012 Petroleum
28 EAGLE KUCHING AFRAMAX 9417000 Petroleum
29 EAGLE LOUISIANA MCV 9518892 Petroleum
30 EAGLE LYON LR2 9795115 Petroleum
31 EAGLE PARAIBA DPST 9598256 Petroleum
32 EAGLE PARAISO DPST 9858577 Petroleum
33 EAGLE PARANA DPST 9598268 Petroleum
34 EAGLE PASSOS DPST 9858589 Petroleum
35 EAGLE PAULINIA DPST 9858565 Petroleum
36 EAGLE PETROLINA DPST 9858553 Petroleum
37 EAGLE SAN ANTONIO SUEZMAX 9594822 Petroleum
38 EAGLE SAN DIEGO SUEZMAX 9594834 Petroleum
39 EAGLE SAN FRANCISCO SUEZMAX 9795127 Petroleum
40 EAGLE SAN JOSE SUEZMAX 9795139 Petroleum
41 EAGLE SAN JUAN SUEZMAX 9594846 Petroleum
42 EAGLE SAN PEDRO SUEZMAX 9594858 Petroleum

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43 EAGLE TACOMA AFRAMAX 9257802 Petroleum


44 EAGLE TAMPA AFRAMAX 9253076 Petroleum
45 EAGLE TEXAS AFRAMAX 9518907 Petroleum
46 EAGLE TOLEDO AFRAMAX 9250892 Petroleum
47 EAGLE TORRANCE AFRAMAX 9360453 Petroleum
48 EAGLE TRENTON AFRAMAX 9250907 Petroleum
49 EAGLE TUCSON AFRAMAX 9253064 Petroleum
50 EAGLE TURIN AFRAMAX 9360465 Petroleum
51 EAGLE VANCOUVER VLCC 9597240 Petroleum
52 EAGLE VARNA VLCC 9597252 Petroleum
53 EAGLE VENICE VLCC 9728710 Petroleum
54 EAGLE VERMONT VLCC 9234654 Petroleum
55 EAGLE VERONA VLCC 9597264 Petroleum
56 EAGLE VERSAILLES VLCC 9597276 Petroleum
57 EAGLE VICTORIA VLCC 9739513 Petroleum
58 EAGLE VIRGINIA VLCC 9230878 Petroleum
59 LERICI DF LNG 9064085 LNG
60 PARAMOUNT HALIFAX AFRAMAX 9453987 Petroleum
61 PARAMOUNT HAMILTON AFRAMAX 9426207 Petroleum
62 PARAMOUNT HATTERAS AFRAMAX 9453975 Petroleum
63 PARAMOUNT HELSINKI AFRAMAX 9453963 Petroleum
64 PARAMOUNT HYDRA AFRAMAX 9453999 Petroleum
65 PORTOVENERE DF LNG 9064073 LNG
66 PUTERI DELIMA LNG 9030814 LNG
67 PUTERI DELIMA SATU LNG 9211872 LNG
68 PUTERI FIRUS SATU LNG 9248502 LNG
69 PUTERI INTAN LNG 9030802 LNG
70 PUTERI INTAN SATU LNG 9213416 LNG
71 PUTERI MUTIARA SATU LNG 9261205 LNG
72 PUTERI NILAM LNG 9030826 LNG
73 PUTERI NILAM SATU LNG 9229647 LNG
74 PUTERI ZAMRUD LNG 9030838 LNG
75 PUTERI ZAMRUD SATU LNG 9245031 LNG
76 SERI ALAM LNG 9293832 LNG
77 SERI AMANAH LNG 9293844 LNG
78 SERI ANGGUN LNG 9321653 LNG
79 SERI ANGKASA LNG 9321665 LNG
80 SERI AYU LNG 9329679 LNG
81 SERI BAKTI LNG 9331634 LNG
82 SERI BALHAF LNG 9331660 LNG
83 SERI BALQIS LNG 9331672 LNG
84 SERI BEGAWAN LNG 9331646 LNG
85 SERI BIJAKSANA LNG 9331658 LNG
86 SERI CAMAR LNG 9714305 LNG
87 SERI CAMELLIA LNG 9714276 LNG
88 SERI CEMARA LNG 9756389 LNG
89 SERI CEMPAKA LNG 9714290 LNG

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90 SERI CENDERAWASIH LNG 9714288 LNG


91 TENAGA EMPAT FSU 7428433 FSU
92 TENAGA SATU FSU 7428457 FSU

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AP P E NDI X I I – STANDARD T E NURE (I N MO NT HS )

RANK AFRAMAX DF AFRAMAX DF LNG DPST


MAS 4 4 3
C/O 4 4 3
2/O 6 6 4
3/O 6 6 4 6
SAA 6 6 6 6
C/E 4 4 3
2/E 4 4 3 4
3/E 6 6 4 6
4/E 6 6 4 6
ETO 6 6 6
ETR 6 6 6
CGENG 4
A/M 4 4 3
ACO 6 6 4 6
ACE 4 4 3 4
A2E 6 6 4 6
4/O 6 6 6 6
T/E 6 6 6 6
D/C 6 6 6 6
E/C 6 6 6 6
ELC 6 6 6 6
MASDO 2
C/ODO 2
2/ODO 2
C/EDO 2
ETODO 2
MASDH 2
C/ODH 2
2/ODH 2
C/EDH 2
ETODH 2
MASDP 2
C/ODP 2
2/ODP 2
C/EDP 2
ETODP 2
FSTO 2 2 2 2
BOS 6 6 6 6
FTR 6 6 6 6
PMN 6 6 6
CCK 6 6 6 6
A/B 6 6 6 6
O/S 6 6 6 6
OLR 6 6 6 6
WPR 6 6 6 6
2CK 6 6 6 6
MSB 6 6 6 6

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RANK FSU LBV LNG LR2


MAS 1 2 3 4
C/O 1 2 3 4
2/O 1 2 4 6
3/O 2 4 6
SAA 1 2 6 6
C/E 1 2 3 4
2/E 1 2 3 4
3/E 1 2 4 6
4/E 1 2 4 6
ETO 1 2 6 6
ETR 1 2 6 6
CGENG 1 2 4
A/M 1 2 3 4
ACO 1 2 4 6
ACE 1 2 3 4
A2E 1 2 4 6
4/O 6 6
T/E 6 6
D/C 6 6
E/C 6 6
ELC 6 6
MASDO
C/ODO
2/ODO
C/EDO
ETODO
MASDH
C/ODH
2/ODH
C/EDH
ETODH
MASDP
C/ODP
2/ODP
C/EDP
ETODP
FSTO 2 2 2 2
BOS 1 6 6
FTR 1 2 6 6
PMN 6
CCK 1 2 6 6
A/B 1 2 6 6
O/S 1 2 6 6
OLR 1 6 6
WPR 1 6 6
2CK 1 6 6
MSB 1 6 6

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RANK MCV PRODUCT SUEZMAX VLCC


MAS 3 4 4 4
C/O 3 4 4 4
2/O 6 6 6 6
3/O 6 6 6 6
SAA 6 6 6 6
C/E 3 4 4 4
2/E 3 4 4 4
3/E 6 6 6 6
4/E 6 6 6 6
ETO 6 6 6 6
ETR 6 6 6 6
CGENG
A/M 3 4 4 4
ACO 6 6 6 6
ACE 3 4 4 4
A2E 6 6 6 6
4/O 6 6 6 6
T/E 6 6 6 6
D/C 6 6 6 6
E/C 6 6 6 6
ELC 6 6 6 6
MASDO 3
C/ODO 3
2/ODO 3
C/EDO
ETODO
MASDH 3
C/ODH 3
2/ODH 3
C/EDH
ETODH
MASDP 3
C/ODP 3
2/ODP 3
C/EDP
ETODP
FSTO 2 2 2 2
BOS 6 6 6 6
FTR 6 6 6 6
PMN 6 6 6 6
CCK 6 6 6 6
A/B 6 6 6 6
O/S 6 6 6 6
OLR 6 6 6 6
WPR 6 6 6 6
2CK 6 6 6 6
MSB 6 6 6 6

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RANK VLEC
MAS 4
C/O 4
2/O 6
3/O 6
SAA 6
C/E 4
2/E 4
3/E 6
4/E 6
ETO 6
ETR 6
CGENG 4
A/M 4
ACO 6
ACE 4
A2E 6
4/O 6
T/E 6
D/C 6
E/C 6
ELC 6
MASDO
C/ODO
2/ODO
C/EDO
ETODO
MASDH
C/ODH
2/ODH
C/EDH
ETODH
MASDP
C/ODP
2/ODP
C/EDP
ETODP
FSTO 2
BOS 6
FTR 6
PMN
CCK 6
A/B 6
O/S 6
OLR 6
WPR 6
2CK 6
MSB 6

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AP P E NDI X I II – ALLO WANCE S & BE NE FI TS

(1) Command Allowance


(a) Applicable to Master only.
(b) USD 400
(c) Not applicable to DPST
(2) Extended Service Allowance (ESA)
(a) 25% of the Basic Wage
(b) Commence 30 days after completion of contract period
(c) Not applicable to:
(i) Seafarer who had requested for extension of contract
(ii) DPST and All Year Round Salary (AYRS) contract
(3) Travel Allowance
(a) USD 125 per contract
(b) One-off payable during joining at 1st payroll run
(c) Covers all incidental costs such as meals, tolls, bus/train fares.
(4) Shorthand Allowance
(a) Applicable only when the crew complement not meeting the standard manning
level as per iDMS Standard Operational Manning.
(b) Covering allowance is equivalent to the Basic Wage of missing lowest rank.
(c) Not applicable to Master, Chief Engineer, Trainees and Cadets.
(5) Subsistence Allowance
(a) Applicable only for officers and crew who are supporting new deliveries at the
yard.
(b) USD 70 per day.
(6) Time In Rank (TIR)
(a) TIR is calculated based on sea-time and type of endorsement (Gas or Oil). This
is applicable to the following ranks:
(i) Master
(ii) Chief Officer
(iii) Chief Engineer
(iv) Second Engineer
(b) TIR is calculated based on the sea-time only. This is applicable to the following
ranks:
(i) Ship Administrative Assistant
(ii) Electro Technical Officer
(iii) Pumpman
(iv) Fitter
(v) Bosun
(vi) Chief Cook
(c) The TIR is capped at Year 10

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(d) TIR Allowance is based on Fleet type and Rank.


(7) The Seafarer’s Loyalty Award is solely for the purpose for recognition of a Seafarer’s
Time In Company and not for any other purpose such as to construe service as
continuous. Seafarers being in service for a particular period of tie shall be entitled to
the Award as follows:
15 years – USD450
20 years – USD600
Reward Quantum (Cash and Plaque) 25 years – USD750
30 years – USD900
35 years – USD1050
40 years – USD1200

A Seafarer will not be entitled to the Award for any unauthorised break of more than 30 days between
their sign off date and due sign on. Any sign on after any unauthorised break will be considered as
fresh rehire for the purpose of calculating eligibility for this Award.
(8) Increment Adjuster
(a) It will be awarded based on the Company discretion.
(b) The amount will be reset at the end of each year and it will not be accumulated.
(c) The applicability period is from 01st January to 31st December of the same year.
(d) It is payable while the Seafarer is on board the vessel.
(e) Seafarer who are promoted will continue to receive the same Increment
Adjuster amount until the end of the year.
(f) Seafarer who had resigned or discontinued their service with the Company and
rejoined within the same year will not receive the Increment Adjuster.

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AP P E NDI X I V – ST UDY G RANT S CHE ME / T RAI NI NG

(9) Certificate of Competency (COC) – Combined Class


(a) An Officer is eligible to apply to the Company in writing, for participation in the
COC Study Grant Scheme upon completion of: -
(i) For Company Sponsored Officers:
Minimum eighteen months of satisfactory shipboard service onboard Eaglestar managed vessels
after appointment as Watch Keeping Officer (WKO)/Watch Keeping Engineer (WKE) where at least
one full contract as Second Officer or Third Engineer.
(ii) For Non-Sponsored Officers:
Minimum twenty-four months of satisfactory shipboard service after employment as WKO/WKE
where at least twelve months shipboard service shall be acquired onboard Eaglestar managed
vessels and at least one full contract as Second Officer or Third Engineer.
(b) When applying for participation in the COC Study Grant Scheme, an Officer
must:
(i) Ensure that he has sufficient sea time to confirm his eligibility as per
requirement by the authorities;
(ii) Include proof that he has been accepted to attend the course (applicable
to non-sponsored officers only);
(iii) Include the complete course programme, course fee and course
schedule (applicable to non-sponsored officers only); and
(iv) Include proof that he has been accepted to appear and sit for an
examination (where applicable);
(v) Good report and recommendation from the Master or Head of
Department.
(vi) Has never attended the same course approved by Eaglestar previously.
(c) During study period in respect of the Company sponsored officers, the officer
will be entitled as follows:
(i) A monthly study allowance (maximum one month’s extension or prorate
of the course duration is allowed for the purpose of sitting for the first oral
examination).
(ii) Reimbursement of travelling cost from home to the institution of study for
first time registration at commencement of course and return to home
upon completion of the entire course. Flight outside of the officer’s
country of domicile will be arranged by office or manning office.
(d) The Company shall not bear the expenses of accommodation, meals and any
other expenditure.
(e) For the purpose of attending the COC Study Grant Scheme, there will be no
extension of the earned leave period unless granted subject to Company’s
discretion.
(f) Non-Company sponsored officers may study in ALAM or anywhere outside

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Malaysia, on condition that written approval has been obtained from the
Company. Three (3) months last drawn basic monthly salary will be granted as
study grant, which shall be paid out as per following:
(i) Fifty percent (50%) of the accumulated study grant will be paid upon
commencement of the course.
(ii) Remaining fifty percent (50%) of the accumulated study grant will be paid
upon joining the shipboard service with Class 2 COC.
(g) Non-Company sponsored officers who received the benefits set out in the Study
Grant Scheme are obliged to serve eighteen (18) months of shipboard service
onboard Eaglestar managed vessels after completing the course.
(h) The duration of study period is as set by the maritime institution approved by
the Company which consists of the following:
(i) The time to complete the course, and/or
(ii) The actual period of sitting for the first written examination, and/or
(iii) The actual period of oral examination, and/or
(iv) All gazetted national public holidays that fall during the above periods.
(i) In the event the officer fails in his first attempt at an examination, the officer
may:
(i) Arrange to re-sit for the examination during his Earned Leave; or
(ii) Apply to the Company for unpaid leave. Unpaid leave applied for re-
sitting of examination will be approved at the discretion of the Company
but it shall not be unreasonably withheld.
(j) Any request for COC Study Grant Scheme must be submitted at least three
months prior to the commencement of the course for the Company to make
necessary arrangements to release the officer. The Company reserves the right
not to release the officer should the request be submitted less than three months
prior to the commencement of the course.
(10) Class 1 Oral for Master and Chief Engineer
(a) An officer is eligible to apply to the Company in writing, for study grant upon
completion of:
(i) For Company sponsored officers:
At least completed one full contract as Chief Officer or Second Engineer onboard Eaglestar managed
vessels.
(ii) For Non-sponsored officers:
Minimum twenty four months of satisfactory shipboard service after employment and at least
competed one full contract as Chief Officer or Second Engineer onboard Eaglestar managed vessels.
(b) When applying for participation in the Class 1 Oral Study Grant Scheme, an
officer must:
(i) Ensure that he has sufficient sea time to confirm his eligibility as per
requirement by the authorities;
(ii) Include proof that he has been accepted to appear and sit for oral

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examination (where applicable).


(iii) Good report and recommendation from the Master or Head of
Department.
(iv) Has never attended the same course approved by Eaglestar previously.
(c) The entitlement of study grant:
(i) For Company sponsored officers:
(A) One month last drawn basic salary will be paid upon joining the
shipboard service with Class 1 COC.
(B) One month study leave will be granted.
(ii) For Non- sponsored officers:
(A) One month last drawn basic salary will be paid upon joining the
shipboard service with Class 1 COC.
(B) One month study leave will be granted.
(C) The officer is obliged to serve twelve months of shipboard service
onboard MISC Group vessels upon obtaining Class 1 COC.
(11) Statutory courses
(a) Statutory courses shall be revalidated at intervals as determined by the
authorities. It is the responsibilities of the individual Seafarer to revalidate
his/her statutory certificates and ensure all certificates are valid prior to joining
shipboard service. There will be no extension of the earned leave period
granted for the revalidation of course.
(b) The Company will not reimburse the cost of revalidation/refresher of statutory
STCW certifications and flag state documentations, relevant to re-issuance of
any Certificate of Competency (COC). The cost incurred for renewal of the COC
shall be the responsibility of the officer. For Company sponsored officers the
Company obligation is only on first attainment of the relevant certificate for the
issuance of first COC (any class) as stipulated in Cadetship Agreement and not
for any revalidation/refresher thereafter. Company responsible for the training
cost to obtain the COC up to Class 1), however the cost to maintain the validity
of COC Class 1 is incumbent on each officer.
(12) Non-Statutory course
(a) Company will arrange for the non-statutory courses for the Seafarers during
their leave period. The course fees, meals, accommodation, travel etc will be
covered by the Company as per guidelines set out in Clause 16 (5).
(b) In the event of the officer make his own arrangement to attend such courses,
the Company shall reimburse the course fees, meals, accommodation and
travel if the officer obtains written approval from the Company. Claim of fees
and expenses must be submitted with relevant receipts through the Master
within 6 months after the Seafarer is back onboard vessel and it will be
reimbursed through monthly salary payment.
(13) Meal, accommodation and travel guidelines

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(a) Meal arrangements


Meal allowances can only be claimed if the meals are not included in the booking or provided by the
institute or organizer. Any unused meal allowance cannot be carried over for next meals. Any
alcoholic drinks purchased are to the Seafarer’s own account and should not be contained within any
expense reimbursement claims. Sundry costs such as non-business related telephone calls, room
service charges, in-room movies/mini bar and newspaper are to the Seafarer’s own account and are
to be settled prior to check-out. Meal allowances are payable whilst travelling to/from the course
venue.

Malaysia
MYR 100 per day

Overseas
USD 60 per day

The allowance for courses taking place in Brazil/Norway may differentiate from above.
(b) Accommodation – local/overseas
Accommodation will be arranged by the Company or through its Manning Offices at the most
economical rate. Single standard room will be provided for Senior Officers and twin sharing room will
be provided for Junior Officers and Ratings.
(c) Transport claim
Reasonable local travel expenses are reimbursable on submission of receipts once the Seafarer is
back onboard vessel. Flight outside of the Seafarer’s country of domicile will be arranged by office or
manning office. Any excess baggage charges will be borne by the individual Seafarer. In certain
circumstances, domestic air travel may be considered, however, prior permission must be obtained
from Talent Management, Eaglestar.

(14) Training requirement during paid leave period:


(a) A Seafarer may be required to undergo refresher courses to enable him to
maintain and increase his knowledge and skills and to keep up to date with new
developments. However, he will not be entitled for payment or leave
replacement for such training.
(b) The Company reserves the right to call Seafarers for training fourteen (14) days
per year without replacement of leave.
The number of days the Seafarers are required to attend the Company’s official programme e.g.
Seminars, Workshops, Officers’ Forum, on job training, familiarization visits or vendor training shall
be counted in the 14 days as per subsection (b) above.

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AP P E NDI X V – COMP E NS AT I O N FOR I NJ URY O R DEAT H

(1) Maximum Compensation Payable (Capital Sum):

COMPENSATION FOR INJURY OR DEATH


WORLD-WIDE
WARLIKE
EXCEPT WARLIKE
RANK OPERATIONS OR
OPERATIONS OR
HIGH RISK AREAS
HIGH RISK AREAS
1 MASTER/CHIEF ENGINEER USD220,000 USD440,000
2 CHIEF OFFICER/2ND ENGINEER USD210,000 USD420,000
3 OTHER OFFICERS, TRAINEES/CADETS USD200,000 USD400,000
4 RATINGS USD120,000 USD240,000

(2) Compensation shall be paid to a Seafarer who sustains injuries through an accident
or piracy attack as follow:

COMPENSATION FOR INJURY OR DEATH


Percentage of Capital
PERMANENT DISABLEMENT resulting in
Sum Payable
1 Loss of two limbs 100%
2 Loss of both hands, or all fingers and both thumbs 100%
3 Total loss of hearing speech 100%
4 Total paralysis 100%
5 Injuries resulting in being permanently bedridden 100%
6 Any other injury causing permanent disablement 100%
7 Loss of arm at shoulder 100%
8 Loss of arm between shoulder and elbow 100%
9 Loss of arm between elbow and wrist 100%
10 Loss of hand at wrist 100%
11 Loss of leg at hip 100%
12 Loss of leg between knee and hip 100%
13 Loss of leg below knee 100%
14 Loss of whole eye 100%
15 Loss of sight of eye 100%
16 Loss of sight of eye except perception of light 50%
17 Loss of lens of eye 50%
18 Loss of four fingers and thumb of one hand 50%
19 Loss of four fingers 40%
20 Loss of thumb - both phalanges 25%

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21 Loss of thumb - one phalanx 10%


22 Loss of index fingers - three phalanges 10%
23 Loss of index fingers - two phalanges 8%
24 Loss of index fingers - one phalanx 4%
25 Loss of middle fingers - three phalanges 6%
26 Loss of middle fingers - two phalanges 4%
27 Loss of middle fingers - one phalanx 2%
28 Loss of ring fingers - three phalanges 5%
29 Loss of ring fingers - two phalanges 4%
30 Loss of ring fingers - one phalanx 2%
31 Loss of little fingers - three phalanges 4%
32 Loss of little fingers - two phalanges 3%
33 Loss of little fingers - one phalanx 2%
34 Loss of metacarpal - first or second (additional) 3%
35 Loss of metacarpal - third, fourth or fifth (additional) 2%
36 Loss of toes - all of one foot 15%
37 Loss of toes - great, both phalanges 5%
38 Loss of toes - great, one phalanx 2%
39 Loss of toes - other than great, if more than one toe lost, each 1%
40 Loss of hearing - both ears 75%
41 Loss of hearing - one ear 15%
42 Loss of speech 50%

(a) Permanent disabilities not mentioned above shall be compensated in


accordance with the seriousness as compared with that of these mentioned, the
occupation of the Assured not being taken into consideration.
(b) Permanent total loss of use of member shall be treated as loss of member.
(c) The total compensation payable in respect of several disablements due to the
same accident is arrived at by adding together the various sums but shall not
exceed 100 percent.
(3) Compensation for injury or death shall be extended to cover any occupational hazards
such as:
(a) STRIKES, RIOT, CIVIL COMMOTION,
(b) PIRACY, KIDNAP, ABDUCTION, TERRORISM,
(c) DISAPPEARANCE.
If a Seafarer disappears at sea or is abducted at sea, and his body is not found
or he is not released within one year after his disappearance or abduction or
the sinking or wrecking of the conveyance in which he was travelling and under
such circumstances as would otherwise, be covered hereunder, it will be
presumed that he suffered a loss of life resulting from injury caused by such

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disappearance, sinking, wrecking or abduction. In such circumstances, the


death compensation mentioned in Paragraphs 1, 2 and 3 shall be payable
provided the person or persons receiving the compensation shall sign an
undertaking to refund such sum to the Company if the said Seafarer is
subsequently found to be living.

(4) The geographical limits of the insurance cover shall be world-wide.

Maximum Compensation Payable (Capital Sum) during Earned/Paid Leave shall be as follows:
COMPENSATION FOR INJURY OR DEATH SUSTAINED DURING EARNED/PAID LEAVE

RANK MAXIMUM COMPENSATION PAYABLE

1 MASTER/CHIEF ENGINEER USD220,000


2 CHIEF OFFICER/2ND ENGINEER USD210,000
3 OTHER OFFICERS, TRAINEES/CADETS USD200,000
4 RATINGS USD120,000

Compensation shall be paid to a Seafarer who sustains injuries through an accident as follows:

COMPENSATION FOR INJURY OR DEATH SUSTAINED DURING EARNED/PAID LEAVE


Percentage of Capital
PERMANENT DISABLEMENT resulting in
Sum Payable
1 Death 100%
2 Loss of two limbs 100%
3 Loss of both hands, or all fingers and both thumbs 100%
4 Total loss of hearing and speech 100%
5 Total paralysis 100%
6 Injuries resulting in being permanently bedridden 100%
7 Any other injury causing permanent disablement 100%
8 Loss of arm at shoulder 100%
9 Loss of arm between shoulder and elbow 100%
10 Loss of arm between elbow and wrist 100%
11 Loss of hand at wrist 100%
12 Loss of leg at hip 100%
13 Loss of leg between knee and hip 100%
14 Loss of leg below knee 100%
15 Loss of whole eye 100%
16 Loss of sight of eye 100%
17 Loss of sight of eye except perception of light 50%

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18 Loss of lens of eye 50%


19 Loss of four fingers and thumb of one hand 50%
Ten percent per year payable for ten years for total and
20 permanent disablement which prevent the Seafarer from 10%
following any employment or occupation.

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AP P E NDI X V I – TRAV E L ARRANG E ME NT

(1) The Company reserves the right to arrange travel by any available and economical means
it deems fit and the Company shall pay: -
(a) All reasonable hotel and valid transportation charges, and related expenses
incurred by the Seafarer; and
(b) In the case of travel by air, charges for luggage up to 30 kg.
(2) All air passages shall be on economy class. The Company may, however, utilize any
special seamen or other discounted fare that may be applicable either to an individual
or for a group booking.
(3) All passages must be booked through the Company or its appointed agents. However,
if prior arrangement is not made by the Company, a Seafarer shall be expected to
make economical travel arrangements on his expense claims for reimbursement
which shall be subject to approval by the Company.
(4) Travel allowance shall be reimbursed in the first month salary onboard. The travel
allowance shall include, among others, expenses for meals and logistics during travel
for purposes of joining, signing off and transfer from vessel and shall be applicable for
other expenses otherwise not incurred by Company.
(5) In the event the expenses incurred exceeds the amount allotted by (4), claims may be
made by providing the original receipt/invoice of the cost incurred for the following
conditions:
(a) Flights booked at the lowest economy class rate (including low cost carrier
flights)
(b) For trains, only second-class seats and below are claimable.
(c) Meals (alcoholic beverages shall not be reimbursed):-
(i) Breakfast - not more than USD 5
(ii) Lunch - not more than USD 10
(iii) Dinner - not more than USD 12.
(6) Further to the conditions set upon by (5), should the Seafarer is accorded other
benefits in his service which may provide him meals and other comforts during his
travel to join and sign off from the vessel, such benefits shall supersede the above
conditions in (5) and he shall not be entitled to claim from the Company.
(7) Seafarers traveling to join or sign off from vessels shall be aware that they are
representatives of the Company to the public in a limited capacity and shall always
conduct themselves appropriately during travel. In the event that the Seafarer
conducts himself in a manner that is culturally offensive and/or engages in
unlawful/illegal behaviour during travel, the Company shall view such incidents as a
misconduct.

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