Professional Documents
Culture Documents
CONTRACT OF EMPLOYMENT
Commanding, Fixed
Basic Monthly Wage Monthly Fixed Overtime Monthly Leave Pay Supervisor & Other Total Monthly Wages
Allowances
1. The wage and allowance elements in this form are machine printed. Any additions or alterations to those elements require the initials of the Seafarer and the
Owner's authorized agent(s).
2. Basic Min. Hours of Work / Week: 48 Hrs, Fixed Overtime / Month: 60 hrs
3. Leave: Number of Days Per Month: 6 days
4. Appointment letter is automatically rendered null and void, should for any reason, the Seafarer not travel to join the Vessel.
5. In case of any higher revision of wages during the contract, the existing additional allowance will be adjusted accordingly, to meet the new wage scale.
6. PF, pension annuity and other relevant deductions will be remitted to relevant offices as applicable.
The SEAFARER agreed to be transferred, if required by the MANNING AGENCY or SHIP’S OWNER / EMPLOYER (through
the MANNING AGENCY) to work onboard any other vessels managed, operated or owned by the MANNING AGENCY
or SHIP’S OWNER / EMPLOYER provided that the position, wages and all terms of employment are not inferior and the
total period of employment shall not exceed that originally agreed upon.
The SEAFARER represents that he has valid unrestricted travel document and is fully certified and competent to be
employed for the CAPACITY and the type of vessel and trade for which this agreement is being entered.
The SEAFARER undertakes to comply with the SHIP’S OWNER / EMPLOYER’s company policy, to be diligent in his duties
and responsibilities, to follow the lawful command of the Master while onboard and to conduct himself in an orderly
and respectful manners at all time.
Employment is for a MUTUALLY AGREED contract period as stated in period of employment in the agreement. Any
extension of the contract shall be subject to the mutual consent of both parties.
Leave pay: is accrued and payable upon termination of contract. The MANNING AGENCY shall effect payment of the
accrued leave pay not later than 7 working days after the termination of agreement, if the same has not been settled
by Master on board the vessel.
6. TRAVEL EXPENSES
The SEAFARER shall join the vessel or be available for duty at the date and time specified by the MANNING AGENCY
or SHIP’S OWNER / EMPLOYER. The SEAFARER shall travel by air or as otherwise directed by the MANNING AGENCY
or SHIP’S OWNER / EMPLOYER. The agreed place of commencement of this agreement shall be as stated in PART I.
The MANNING AGENCY on behalf and for accounts of the SHIP’S OWNER / EMPLOYER shall be responsible for
arranging travel from the agreed place of commencement of this agreement for the SEAFARER to join the vessel at
the port of engagement. Upon completion of agreement or as may be agreed by both parties, the SHIP’S OWNER /
EMPLOYER, shall arrange the repatriation of the SEAFARER from the signing off port back to the place of
commencement of this agreement or the hometown of the SEAFARER.
The SEAFARER travelling by air to join a vessel or on repatriation shall be entitled to the baggage allowance of 22 kg.
The cost of excess baggage shall-be for the account of the SEAFARER.
Notwithstanding the above and in all circumstances, the actual signing off date and port for repatriation shall be
determined by the MANNING AGENCY or SHIP’S OWNER / EMPLOYER within a reasonable period before or after the
date of completion of contract, taking into consideration the safety and operations of the vessel, contract period,
availability of replacement, cost of repatriation and travel restrictions.
The SEAFARER shall be liable to pay for the cost of repatriation due to;
A. Request or resignation by the SEAFARER before the completion of contract.
B. Illness or injuries, self-inflicted or contracted as a result of misconduct, willful or negligent acts of the SEAFARER or
existing prior to employment and concealed by the SEAFARER.
C. Dismissal due to misconduct or incompetency.
7. DISCIPLINARY ACTION
Infractions including contraband, theft, embezzlement, possession of narcotics or dangerous weapons,
insubordination, mutiny or incitation of mutiny, failure to report onboard without reasons when ordered, leaving the
vessel or work without permission, intoxication, scandal, aggression, disrespect of superior officers or port authorities,
criminal acts, willful destruction or disposal of any part of the vessel, its cargo or stores, negligence and incompetence
may at the discretion of the Master / EMPLOYER be grounds for dismissal as mentioned in Company manual. Wages
and other employment benefits shall cease on the date of dismissal as may be determined by the Master or
EMPLOYER.
8. MEDICAL BENEFITS
During his employment, the SEAFARER shall be entitled to receive medical consultation, attention and treatment,
including essential dental care and hospitalization at the expense of the SHIP’S OWNER. Seafarer should disclose any
pre-existing illness and if he fails to do so, all expenses will have to be borne by him in case his pre-existing illness
comes up during his tenure of employment.
Maximum entitlement of sick leave shall not exceed 130 days. Sick wages where applicable shall be based on Basic
wage only excluding other wage component such as overtime and leave pay.
The Death and Disability compensation payable to the seafarer or his nominated Next of Kin/s shall be as follows:
In the event of death In the event of total incapacity for employment at
sea
Officers @110 months’ Basic wages, subject to @ 120 months’ Basic wages, subject to a minimum of
minimum of Rs.35 (Thirty five) lakhs. Rs.40 (Forty) lakhs.
Ratings Rs.22 (Twenty two) lakhs. Rs.25 (Twenty five) Lakhs.
i. The death and disability compensation for the trainee seafarer shall be Rs.10 Lakh (Ten lakh only)
ii. The disability compensation shall be over and above the cost of treatment and the wages payable as stated inthis
part of NIC. Compensation above also applicable if death or disability takes place during treatment in hospital for
any illness arising out of or in the course of employment on board for which the officer is discharged from ship and
hospitalized.
iii. In the case of Seafarer found missing and presumed lost over-board including cases of alleged suicide where death
cannot be conclusively attributed to the ratings willful act compensation shall also be paid as applicable. The
presumption of a “lost” seafarer for the purpose of this sub clause shall be determined and certified by the
competent authority.
iv. The percentage of disability shall be medially determined as per the Employees Compensation Act, as amended,
applicable laws and a disability of 50% or more shall be considered as full disability.
In case if the death or disability is caused on ships carrying radioactive cargo on board, an additional compensation as
given below shall be payable to the seafarer or his nominated next of kin/s.
i. Company’s liability for payment of additional compensation given above shall be for the actual duration of carriage
of such cargo. This compensation shall be in addition to the Death and Disability compensation.
ii. Should an officer become partially incapacitated compensation on a proportionate basis shall be paid in agreement
with the union in accordance with the disability sustained by him.
Compensation to officers declared permanently unfit for sea service:
i. An officer certified by company’s medical officer as permanently unfit for sea service, not arising out of officer’s own
willful act of default or misbehavior and who is not entitled to disability compensation and/or retrenchment benefits,
under the provisions of MUI-INSA agreement, will be paid compensation of Rs. 16 (Sixteen) Lakhs, provided the
officer has put in a minimum continuous service of 7 (seven) years with the company and is not over the age of 55
(fifty five) years.
ii. For officers above the age of 55 (fifty five) years, who have completed 7 (seven) years of continuous service with the
company, compensation payable shall be 7 (seven) Lakhs subject to him not being entitled to disability
compensation and/or retrenchment benefit.
The employment of the SEAFARER shall cease when the SEAFARER completes his period of contractual service aboard
the vessel, signs-off from the vessel and returns to the place of commencement of this agreement.
The employment of the SEAFARER is also terminated when the SEAFARER returns to the place of commencement of
this agreement for any of the following reasons:
1. When the SEAFARER signs off by mutual agreement with the SHIP’S OWNER / EMPLOYER, with or without notice
before completion of contract or after completion of contract and any previously agreed extension of contract.
2. When the SEAFARER signs-off and is disembarked for medical reasons.
3. When the SEAFARER signs-off due to shipwreck, ship’s sale, lay-up of vessel, or discontinuance of voyage, change of
crew or other operational requirement of the SHIP’S OWNER /EMPLOYER.
4. When the SEAFARER voluntarily resigns and signs off prior to expiration of contract, giving one month written notice.
5. When the SEAFARER is discharged for just cause.
When the termination of this agreement is necessitated by Shipwreck, vessel sale, lay-up or discontinuation of voyage,
change of crew or other operational requirement of the SHIP’S OWNER / EMPLOYER, the EMPLOYEE shall be entitled
to earned wages, repatriation at SHIP OWNER / EMPLOYER’s cost and one (1) month basic wage as termination pay,
unless arrangements have been made for the SEAFARER to join another vessel to complete his contract. The
termination of this contract shall be without prejudice to all rights accrued or due between the parties prior to the
date of termination.
6. The duration of employment of a seafarer on board coastal ship shall be mutually agreed between the ship owner and
the seafarer and shall be largely governed by the type of the vessel and its nature of employment. Neither seafarers
nor ship owner shall serve notice of termination of employment with a period of less than 7 days. However, shorter
notice period can be given by either side if the duration of the voyage is less than 7 days or, by the seafarer, on the
compassionate grounds.
The SEAFARER shall be reimbursed by the SHIP OWNER / EMPLOYER the full amount of loss or damage to him if his
personal effects are lost or damaged as a result of the wreck or loss or stranding or abandonment of the vessel or as
a result of fire, flooding, collision or piracy. Reimbursement shall not apply if the loss or damage is due to the
SEAFARER’s own fault, or due to larceny, theft or robbery.
13. GENERAL
Decent accommodation, recreational facilities on board , good quality food and drinking water provided under
regulated hygienic conditions and other requirement such as Linen will be provided on board with no additional cost
to SEAFARER. Victuals will be handled directly by owners & hygienic food/ provisions will be provided by owners.
The SEAFARER shall be allowed shore leave whenever practicable, upon the consent of the master or his deputy, taking
into consideration the operations and safety of the vessel.
The SEAFARER shall be provided by the master /EMPLOYER with subsistence consistent with good maritime standards
and practices while onboard the vessel.
All stores and provisions issued to the SEAFARER is only for reasonable use and consumption onboard the vessel.
Any unused or unconsumed stores or provisions shall remain the property of the SHIP’S OWNER / EMPLOYER.
The SEAFARER shall not take ashore, sell, destroy or give away any properties, bunkers, stores and provisions of the
ship without written approval of the Master/EMPLOYER.
The SEAFARER shall observe and follow any regulations or restriction that the Master may impose concerning safety,
drug and alcohol and environmental protection as stated in Company manuals.
The SEAFARER shall make use of all appropriate safety equipment provided to him / her and must ensure that he/she
is suitably dressed from the safety point of view for the job at hand.
This contract shall at all-time be governed by the Laws of India. It is agreed that the SHIP’S OWNER is the EMPLOYER
of the SEAFARER. The MANNING AGENCY signs this agreement on behalf of the SHIP’S OWNER / EMPLOYER.
PART I and PART II shall form the complete agreement. In the event of a conflict of conditions, the provisions of
PART I shall prevail over those of PART II to the extent of such conflict and no further.
Any taxes by any authorities for income arising from this employment contract shall be the responsibilities of the
SEAFARER unless otherwise agreed.
This contract may be referred to by its Reference Number (if any) as stated in the left corner of Page Footer of PART
I.
The parties confirmed their agreement to the above terms and conditions on the Date of commencement of this
agreement as stated PART I of this agreement.
15. HEALTH PROTECTION, MEDICAL CARE, WELFARE AND SOCIAL SECURITY PROTECTION
SHIP’S OWNER / EMPLOYER (through the MANNING AGENCY) agree to comply with following MLC 2006 Convection
regulations.
To protect the health of seafarers and ensure their prompt access to medical care on board ship and ashore to ensure
that seafarers are protected from the financial consequences of sickness, injury or death occurring in connection with
their employment& to ensure that seafarers’ work environment on board ships promotes occupational safety and
health.
To ensure that seafarers working on board a ship have access to shore-based facilities and services to secure their
health well-being& to ensure that measures are taken with a view to providing seafarers with access to social security
protection.
1. Name :
2. Age :
3. Relation :
4. Contact No :
5. Address :
In the unfortunate event, the seafarer(s) is held captive on or off a ship as a result of an act of piracy or armed
robbery against the ship. During the period of captivity, the seafarer’s employment agreement (SEA) shall continue
to have effect, regardless of whether the date fixed for the expiry of the SEA has passed or either party to the SEA
has given notice to suspend or terminate it. Further, a captive seafarer’s wages and other entitlements under the
SEA must continue to be paid during the period of captivity, until the day the seafarer is released and duly
repatriated, or if the seafarer dies while in captivity, until the date of the seafarer’s death. The seafarer’s employer
is also obligated to repatriate the seafarer upon release from captivity.