You are on page 1of 3

Seafarer's Employment Agreement

1. Parties to the Employment Agreement

This agreement (hereinafter referred to as this 'Agreement') is made and entered into by and between:

Seafarer's Full Name: #REF! Contract Number: #REF!


Seafarer's Date of Birth: #REF! Seafarer's Place of Birth: #REF!
Passport No. #REF! Nationality #REF!
License Grade #REF! Number #REF!
Home Address #REF!
Next of Kin #REF! Relation #REF!
Address Next of Kin #REF!

and

Shipowner's Name #REF!


Shipowner's Address #REF!

2. Capacity in which seafarer is to be employed 3. Place of work [ship name] / IMO Number
#REF! #REF!
4. Notice of Termination of Employment
Your employment is for a period commencing on #REF! and ending on #REF!
unless it is terminated for justified reasons in advance of this point or the ship is at sea at that point time in which event it will continue until its arrival in port at which point it will
terminate and such period maybe extended or reduced by 1 (one) month for operational convenience.

The length of notice which you are obliged to give to terminate your employment is* #REF!
The length of notice which you are entitled to receive from the shipowner to terminate your employment is * #REF!
*[insert notice period which is to be not less than seven days]

5. Wages and Account of Wages 5. Wages and Account of Wages

Your wages on commencement will be:


Base Wage ### #REF! per month Uniform Allowance ### #REF! per month
Fixed Overtime ### #REF! per month Service Allowance ### #REF! per month
Leave Pay ### #REF! per month Monthly Wages ### #REF! per month
Subsistence Allowance ### #REF! per month Union Dues ### #REF! per month
Tanker Allowance ### #REF! per month Total Wages ### #REF! per month
Excess Overtime ### #REF! per hour
Payable by [method of payment] #REF! at monthly intervals on/or about the #REF! day of each month

You will be provided with a monthly account of all payments due to you and the amounts paid, including wages, additional payments, permitted/statutory deductions and the rate of
exchange used where payment has been made in a currency which is different from that agreed above.

6. Hours of Work and Rest


Your hours of work will be arranged such as to ensure that you receive a minimum of 10 hours available for rest in each 24-hour period and a minimum of 77
hours rest in each seven-day period.

Your hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive
periods of rest shall not exceed 14 hours.

Flag State Administration requires that the Master, or a person authorised by the Master, to maintain a record of your daily hours of rest. These records will be
maintained in the English language in the, by the shipowner, provided software package.

The records of your hours of rest are required to be endorsed by the Master or a person authorised by the Master, and by you, and a copy of the record as
endorsed will be presented to you.
You may be required, at the absolute discretion of the Master, to work additional hours during an emergency affecting the safety of the ship, its passengers,
crew or cargo or the marine environment or to give assistance to other ships or persons in peril. You may also be required to work additional hours for safety
drills such as musters, fire-fighting and lifeboat drills. In such circumstances you will be provided subsequently with compensatory rest period(s).

7. Leave
Each seafarer shall, on the termination of employment for whatever reason, be entitled to payment of leave pay as per applicable wage scale governed by
respective Collective Bargaining Agreement.

The period for computing leave shall be from the time the Seafarer joins the ship whether he/she has signed Articles or not and shall continue until finally
discharged from the ship.

Leave may be taken during the currency of sea service if the Seafarer so desires provided it is at all times understood and agreed that the granting of leave
during the currency of sea service is subject to the overriding requirement to maintain the proper working of the vessel.

All leave remaining at the time a Seafarers signs off the vessel shall be compensated in accordance with the wage scale applicable at the time, including
subsistence allowance of per day of earned leave, if applicable.

8. Termination of Employment

Your employment under this agreement may be terminated in the following circumstances:-
(a) by mutual consent;
(b) Your misconduct as prescribed in the Code of Conduct for the Merchant Navy or the shipowner’s Code of Business Conduct;
(c) Your need to terminate the agreement for compassionate or other urgent reasons, this shall be without penalty to you;
(d) If in the opinion of the Master your continued employment would be likely to endanger the vessel or any person onboard;
(e) By appropriate notice in accordance with paragraph 4 above.

Should the vessel be lost, sold or otherwise cease to fall under the responsibility of the shipowner and your employment is terminated before the date indicated
in section 4 of this agreement you will receive compensation based on the Collective Bargaining Agreement (CBA) applicable to you or your notice period.
9. Health and Social Security Benefits
If you are on a voyage at the time that you become sick or injured, you will be paid your normal basic remuneration until you have been repatriated in
accordance with the repatriation provisions set out below. After you have been repatriated, you will be paid your normal basic remuneration for the first
[16 or above] weeks of your recuperation.

You will be provided with any medical care on-board should that become necessary, free of charge, including access to necessary medicines, medical
equipment and facilities for diagnosis and treatment and medical information and expertise. Where practicable and appropriate, you will be given leave
to visit a qualified medical doctor or dentist in ports of call for the purpose of obtaining treatment.

In the event of sickness or incapacity, you will be provided with medical care, including medical treatment and the supply of necessary medicines and
therapeutic devices and board and lodging away from home until your recovery or until your sickness
or incapacity has been declared of a permanent character, subject to a maximum period of #REF! days (insert no. of days) or according
to Collective Bargaining Agreement / Terms and Conditions of Employment. In addition the shipowner will meet the cost of the return of

your property left on board to you or to your next of kin. In the event of the seafarer’s death or long-term disability due to an occupational injury, illness
or hazard occurring from the date on which the seafarer leaves home to join the vessel to the date on which the seafarer is duly repatriated, the seafarer
will be entitled to compensation, the levels of which is stipulated in the Collective Bargaining Agreement or the Sea Personnel Handbook.

In the event of your death occurring on board or ashore during a voyage, the shipowner will meet the cost of burial expenses and the return or your
property left on board to your next of kin.

10. Repatriation

You will be entitled to repatriation, at the expense of the shipowner, if you are away from your country of residence
• when this agreement is terminated;
• when this agreement expires;
• in the event of illness or injury or other medical condition requiring your repatriation, in the event that the ship is proceeding to a
Warlike Operations Area or the event of termination or interruption of employment in accordance with an industrial award or
collective agreement;
• in circumstances where you are no longer able to carry out your duties under this agreement or cannot be expected to do so
e.g. shipwreck, the sale of your ship or a change in your ship's registration, and

The entitlement to repatriation entails transport by #REF! (insert means of transport) to #REF!
(insert place name or country). The Flag State regulations on repatriation shall be made available to you on board the ship.

NOTE - You may not be entitled to repatriation at the expense of the shipowner in circumstances where you have been dismissed on disciplinary
grounds or have breached your obligations under this Agreement. In such circumstances the shipowner will still be liable to repatriate you but is entitled
to recover from any wages due to you the cost of doing so.

The maximum period of service following which you will be entitled to repatriation at no cost to you is #REF! weeks (insert no. of weeks)

11. Collective Bargaining Agreement(s) (delete if not applicable)


The Collective Agreement(s) dated #REF! between #REF!
and #REF! contain details of additional terms and conditions and forms part of this agreement.

12. Seafarer’s Complaint Procedure


If you have a complaint regarding your employment you should follow the shipowner's “Seafarer’s Complaint Procedure”. The procedure will be made
available to you, if so requested, before you sign this agreement. The shipowner’s “Seafarer’s Complaint Procedure” will also be provided to you when
you join your ship.

13. Compensation in respect of loss of personal property as a result of the loss or foundering of the vessel
Where you lose personal property, as a result of the vessel on which you are serving foundering or being lost, the shipowner will
pay compensation up to a maximum of #REF! (insert amount).

14. Disciplinary Rules and Procedure


The disciplinary rules applicable to you are set out in the Collective Bargaining Agreement or the Shipowner’s Code of Conduct.
The Code of Conduct will be made available to you, if so requested, before you sign this agreement.
If you are dissatisfied with any disciplinary decision taken in relation to you, you should refer to the disciplinary procedure set out
in the Collective Bargaining Agreement see Complaint Procedure [state contact details].

15. Additional Provisions included by Shipowner


1. The Seafarer is aware of the Shipowner's Policy on "Drug & Alcohol" and agrees to comply with it.
2. The Seafarer shall be fully responsible for the deductions stipulated by his/her government and Union (Taxes, Duties, Union Dues, etc)
3. Company Policies and Procedures: The Seafarer shall comply and adhere at all times to the Policies and Procedures setforth in the
Company manuals and Code of Business Conduct.
4. MEDIA: The Seafarer must not to provide any information to the press, internet, radio or television without consent, in writing, from the
Company

5. CONFIDENTIALITY: The seafarer must keep confidential – also after completion of service under this Contract – any knowledge
and information gained while in the employment service of the Company
6. The Seafarer's Employment Agreement may be extended or reduced by one month depending on operational demands or/and ship's
trade pattern.

DECLARATION

I confirm that I have freely entered this agreement with a sufficient understanding of my rights and responsibilities, and I have been given an opportunity to
review and seek advice on the agreement before signing.

Signed #REF! Date #REF!


Seafarer

I confirm that the seafarer has been informed of their rights and duties under this agreement prior to or in the process of the seafarer’s engagement onto
the vessel.

Signed #REF!
Shipowner or Shipowner’s Representative

Place where this Agreement is entered into Date when this Agreement is entered into

#REF! #REF!
This is a RFM SAFETY AND QUALITY MANAGEMENT Page: 1/1

Date: 2013/09/12
COMPLAINT PROCEDURE Rev.No: 1e
Appr. By: IVE
STOLT-NIELSEN This form shows an extract of the complaint procedure as contained in SMM 4.7

Each seafarer is allowed to file an official complaint is he / she feels the need to do so regardless of the nature of the complaint. Reasons to
complain include, but are not limited to:
- breaches to seafarers rights
- breaches to any international convention (including the Maritime Labour Convention)
- jeopardizing the safety of the vessel
- breaches to the wellbeing or welfare of a seafarer
- any other case where a seafarer feels the need to lodge a complaint

The proper way to have any issue resolved is to address it with the department head, then the master and followed by Sea personnel
department if the complaint is not resolved at the lower levels. In those cases where outcome of the complaint is deemed to be
unsatisfactory, he / she may seek advise or file his / her complaint to the company ombudsman.
The person fulfilling this role should be independent of the other main activities of ship management-such as those within the Sea Personnel
and Fleet departments. The person must have full power to make inquiries, have access to top management, and must exercise an
appropriate degree of confidentiality. It is for these reasons the General Manager of Marine and Safety has been appointed to the
Ombudsman position. Contact details for the Ombudsman are equal to those of the DPA and are posted on various public locations
onboard.
The seafarer is allowed to be accompanied or represented at any time if he / she chooses to do so. The seafarer is absolutely free in his / her
decision on who is chosen to accompany or represent them. The company does not allow victimization of anyone lodging a complaint.
Suspicion of victimization is taken extremely serious and may result in disciplinary actions to the suspect.
The Ombudsman may refuse to investigate when:
- the person has made no effort to resolve the complaint with the department or person(s) concerned. Often complaints can be resolved by
this means without the Ombudsman becoming involved
- the person making the complaint has had knowledge of the matter being complained about for more than six months
- the complaint is considered to be trivial, frivolous, vexatious or not made in good faith
- the person is considered to have insufficient personal interest in the complaint.
When you have a complaint or concern, the Ombudsman will try to guide you to some form of resolution. Although he cannot promise the
outcome for which you are hoping, he does guarantee that he will listen, be fair, be confidential, and be responsive to your needs. You will
also get a complete explanation as to why and how the resolution achieved came about.
The role of Ombudsman has been established to help the company serve you better – so do take advantage of this facility when you feel it
necessary.
In case a seafarer does not wish to address his complaint at the ombudsman, he / she is entitled to bring this complaint directly under the
attention of the flag state or at the competent authority in his / her country of residence. The contact details of the flag state are displayed
onboard.

The Seafarer, as stated on the contract attached to this sheet, has declared that the country as stated below is his country of Domicile.

Philippines – Republic of the Philippines

I hereby declare that above extract has been read and


understood
Philippine Overseas Employment Administration (POEA)
Blas F. Ople Building
Ortigas Avenue corner EDSA
Mandaluyong City
http://www.poea.gov.ph/
722.11.44
+++OR+++
Department of Labor and Employment (DOLE)
5/f DOLE Building
Gen. Luna Wing, Intramuros
Manila
http://www.dole.gov.ph/
527-3456
+++OR+++
signature over printed name and date Maritime Industry Authority (MARINA)
984 Parkview Plaza
Taft Avenue corner Kalaw Street
Name: #REF! Manila
Date: #REF! http://www.marina.gov.ph/

You might also like