SEAMAN’S EMPLOYMENT CONTRACT КОНТРАКТ НАЙМА МОРЯКА 01.08.2013 MLC 2006 VERSION 03 This Employment Contract is entered into between the Seafarer and ITM GROUP AG LTD, 14 BOWLING GREEN LANE,1ST FLOOR, EC1R0BD LONDON, UNITED KINGDOM, as Shipowner/ Employer. Настоящий Контракт заключен между Моряком и ITM GROUP AG LTD, 14 BOWLING GREEN LANE,1ST FLOOR, EC1R0BD LONDON, UNITED KINGDOM, Судовладельцем/Работодателем. (hereinafter called the Employer.) THE SEAMAN/МОРЯК Surname/Фамилия: Given names/Имя: Father’s Name/Отчество: Date of Birth/Дата рождения Place of Birth/Место рождения: Nationality/Национальность: Full home address/Полный домашний адрес: Next of Kin /Ближайший родственник: Phone / Fax No/Тел/Факс: Position/Должность: COOK Estimated time of taking up position/Время приступления к обязанностям: Port where position is taken up/Порт посадки на судно License No / Expiry date/№ лицензии/Дата ее истечения: Passport No / Expiry date/№ паспорта/Дата его истечения: Seaman’s book No / Expiry date/Паспорт моряка/Дата его истечения: THE VESSEL/СУДНО Name/Название: Official no/Официальный номер: Port of registry/Порт регистрации: Flag/Флаг: TERMS OF CONTRACT/УСЛОВИЯ КОНТРАКТА Period of employment/Период контракта: Basic monthly wage including overtime/Базовая месячная зарплата вкл овертайм : Fixed overtime/фиксированный овертайм Leave/Отпуск: Leave Sub/Дополнительный отпуск: 1. 2. 3. 4. Bonus/Бонус 104 HOURS INCLUDED Total monthly wage/ Итого месячная зарплата: Before the signing of The Employment Contract the undersigned seafarer has been given an opportunity to review and seek advice on the General terms and conditions of Employment Contract as well as complaint procedures on board the ship. The Seafarer freely accepts them before signing. Copy of employment contract terms received / Перед подписанием Контракта найма , нижеподписавшийся моряк ознакомился и получил разъяснения по Общим условиям к Контракту найма моряка , также и по порядку подачи жалоб на судне. Моряк полностью согласен с установлеными Общиими условиями к контракту найма моряка. Экземпляр условий Контракта найма моряка на руки получил. Seafarer’s job description on board is according to Company regulations/ Должностные обязанности Моряка на борту судна соответствуют требованиям Компании. Wages to be counted the day of joining from boarding in first international airport / Заработная плата начисляется со дня вылета из первого международного аэропорта. Payment of all wage taxes is solely responsibility of Seafarer / Уплата налогов с заработной платы является исключительной ответственностью Моряка. CONFIRMATION OF THE CONTRACT/ПОДТВЕРЖДЕНИЕ КОНТРАКТА Signature of the Employer/Подпись Работодателя Signature of the Seafarer/Подпись Моряка: Place where this Contract is entered into/ Место заключения Контракта _____________________________________________ Date when this Contract is entered into/ Дата заключения Контракта _____________________________________________ GENERAL TERMS as attachment to SEAMAN’S EMPLOYMENT CONTRACT КОНТРАКТ НАЙМА МОРЯКА 01.08.2013 MLC 2006 VERSION 03 1. DUTIES A. Duties of the Employer/Agency/Master To faithfully comply with the stipulated terms and conditions of this contract, particularly the on-time payment of wages, remittance of allotment and the expeditious settlement of valid claims of the seafarer. To provide a seaworthy vessel for the seafarer and take all reasonable precautions to prevent accident and injury to the crew including provision of safety equipment fire prevention, safe and proper navigation of the vessel and such other precautions necessary to avoid accident, injury or sickness to the seafarer. B. Duties of the Seafarer: To comply with and observe the terms and conditions of this contract. Violation of which shall be subject to disciplinary action according to Company regulations and provisions of the Contract. To wear the protective equipment or closing supplied when carry out a task for which it is provided, and follow appropriate instructions and procedures stated in Code of Safe Working Practices for Merchant Seamen. To be diligent in his duties relating to vessel, its stores and cargo, whether on board, in boats or ashore and to conduct himself in any orderly and respectful manner towards crew members, port authorities and other persons on official business with the ship. C. Additional Duties of Chief Engineer (apply only for Chief Engineer): Chief Engineer is solely responsible for accurate and true information about quantity of fuel on board, daily fuel consumption, quantity of bunker fuel received. In case of if significant incorrect information is found, the fine may reach the size of monthly salary and it may result in Chief Engineer dismissal. 2. COMMENCEMENT/ DURATION OF CONTRACT/PROBATION PERIOD The Employment contract between the employer and the seafarer shall commence upon actual departure of the seafarer from the airport or seaport in the point of hire. It shall be effective until the date of seafarer’s sing-off. The period of employment shall be for a period stated in the contract. Any extension of the contract shall be subject to the mutual consent of both parties. It is expressly agreed that a probation period of TWO (2) months will be allowed to the Master/Employer in order to ascertain the capability and general conduct of the seafarer. After the expiration of the above probation period the employment will be accepted as final. In case it is proved that the seafarer not complying with the ability of the rank declared and or the possession of legal certificates and documents as well as certificates required by the flag, which must submit to the Master, he will be discharged and will bear all consequences and expenses with regard of this discharging. 3. FREE PASSAGE FROM THE POINT OF HIRE TO THE PORT OF EMBARKATION The seafarer shall join the vessel or be available for duty at the date and time specified by the employer. The seafarer shall travel by air or as otherwise directed at the expense of the employer. 4. BAGGAGE ALLOWANCE The seafarer traveling by air to join a vessel or on repatriation shall be entitled to the normal free baggage allowance offered by the airlines. The cost of the excess baggage shall be for the account of the seafarer. 5. WAGES The seafarer’s monthly salary shall be paid by transfer to the seafarer’s bank account at no greater than monthly intervals . As a rule there will be no advance payments. The employer on his own expenses opens personal bank account in the employer’s bank and issues personal banking card for every seafarer for the whole period of Contract. No extra fees will be charged for remittance of monthly salary to this seafarer’s personal account. In case the seafarer insists for transferring his monthly salary to his own bank personal account, this seafarer's bank personal account details to be provided to Employer upon signing of the Contract. In this case all bank’s fees for transferring his monthly salary to his own bank account will be charged from the seafarer. In case of unsuccessful payment due to wrong bank details provided, repeated payment charges to be on seafarer's account. Seafarers are enable , at the time of their entering employment or during it, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families or nominated persons by bank transfers . Reasonable service charge at the prevailing market rate for the above transferring to be on seafarer’s account . Small amount of shipboard pay (up to 5% of seafarer’s monthly salary) upon the seafarer’s request shall be paid subject to the master's/employer's discretion and the currency control regulations at the port. All advances drawn on board , expenses, and all personal expenses will be deducted from the seafarer’s next wage. The Company is not responsible for any of the seafarer’s taxes payable in his country, payment of which shall be entirely the seafarer responsibility. 6. ACCOUNT OF WAGES & CERTIFICATE OF EMPLOYMENT Seafarers must be given a monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to. Where a seafarer is landed in an emergency, the written account of his wages shall be given to him as soon as practicable thereafter, upon the seafarer's request, he shall also be provided by his employer/agency his certificate of employment or service record without any charge. Seafarers must be given a document containing a record of their employment on board the ship. The document must not contain any statement as to the quality of the seafarers work or as to their wages. The document must contain sufficient information, with a translation in English, to facilitate the acquisition of further work or to satisfy the sea-service requirements for upgrading or promotion. 7. HOURS OF WORK The seafarer shall perform not more than forty (48) hours of regular work a week from Monday to Saturday. The hours of work shall be determined and prescribed by the master provided that it conforms with customary international practices and standards. Regular working hours for the seafarer shall be eight (8) hours in every 24 hours, midnight to midnight, Monday to Saturday. The normal practice is as follows: the day worker shall observe the eight (8) regular working hours during the period from 0600 hours to 1800 hours. the steward personnel shall observe the eight (8) regular working hours during the period from 0500 hours to 2000 hours. the Electric Engineer shall observe the eight (8) regular working hours in every twenty-four (24) hours, midnight to midnight as prescribed by the master. for those who are on sea watch, their working hours shall be eight (8) hours per day. Staggering of working hours will be at the master's discretion The seafarer shall be allowed reasonable rest period in accordance with international standards. The seafarer’s hours of work will be arranged such as to ensure that he/she 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. This minimum period of rest may not be reduced below 10 hours except in an emergency. The seafarer 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. The seafarer may also be required to work additional hours for safety drills such as musters, fire-fighting and lifeboat drills. In such circumstances the seafarer will be provided subsequently with a compensatory rest period(s). 8. OVERTIME & HOLIDAYS The seafarer shall be compensated for all work performed in excess of the regular eight (8) hours as prescribed above. Overtime pay may be classified as open, fixed or guaranteed. In computing overtime, a fraction of the first hour worked shall be considered as one full hour. After the first hour overtime any worked performed which is less than thirty (30) minutes shall be considered as half an hour and more than thirty (30) minutes shall be considered one full hour. Overtime work may be compensated at the following rates: Open overtime - 125 percent (125%) of the basic hourly rate computed based on two hundred eight (208) regular working hours per month. Guaranteed or fixed overtime - thirty percent (30%) of the basic monthly salary of the seafarer. This fixed rate overtime shall include overtime work performed on Sundays and holidays but shall not exceed one hundred four (104) hours a month. Overtime work for officers shall be computed based on the fixed overtime rate. For ratings, overtime work shall be based on guaranteed or open overtime rate, as mutually agreed upon by the contracting parties. Overtime work in excess of 104 hours a month for ratings shall be further compensated on the open overtime rate. Emergency Duty - No overtime work shall be considered for any work performed in case of emergency affecting the safety of the vessel, crew or cargo, of which the master shall be the sole judge, or for fire boat, or emergency drill or work required to give assistance to other vessels or persons in immediate peril. 9. LEAVE PAY The seafarer's leave pay shall be in accordance with the number of days leave per month as agreed upon. Days leave shall not be less than two and a half (2-1/2) days for each month of service and pro-rated. Leave pay shall be settled Together with the salary for the last month. 10. SHORE LEAVE The seafarer shall be allowed shore leave when practicable, upon the consent of the master or his deputy, taking into consideration the operations and safety of the vessel. 11. VICTUALLING, VESSEL STORES AND PROVISIONS The seafarer shall be provided by the master/employer with food and catering services complying with good maritime standards and practices while on board the vessel. All stores and provisions issued to the seafarer are only for use and consumption on board the vessel and any unused or unconsumed stores or provisions shall remain the property of the employer. The seafarer shall not take ashore, sell, destroy or give away such stores and provisions. 12. TRANSFER CLAUSE The seafarer agrees to be transferred at any port to any vessel owned or operated, manned or managed by the same employer, provided it is accredited to the same manning agent and provided further that the position of the seafarer and the rate of his wages and terms of service are in no way inferior and the total period of employment shall not exceed that originally agreed upon. Any form of transfer shall be documented and made available when necessary. All expenses for transfer are for the Employer's account. 13. SUBMIT OF GRIEVANCE. If the seafarer considers himself aggrieved, he shall make his complaint in accordance with the Employer's complaints procedure a copy of which will be provided to the seafarer when he/she join the vessel. Some of the provisions of the complaints procedure: The seafarer shall first approach the head of the Department in which he is assigned to explain his grievance. The seafarer shall make his grievance in writing and in an orderly manner and shall choose a time when his complaint or grievance can be properly heard. The Department head shall deal with the complaint or grievance and where solution is not possible at his level, refer the complaint or grievance to the Master who shall handle the case personally. If no satisfactory result is achieved, the seafarer concerned may appeal to the management of the Employer. The master shall afford such facilities necessary to enable the seafarer to transmit his appeal. A seafarer, employed on board the ship, has also right to complain directly to the Competent Authority/ Maritime Administration in the Flag State. The seafarers lodging a complaint with flag or port authorities which is found to be without basis in fact and done malicious or vexatious will be subject to disciplinary penalties. 14. DISCIPLINARY PROCEDURES The Master shall comply with the following disciplinary procedure: The Master shall issue a written entry in Official log book about seafarer’s misconduct substantiated by two witnesses from crew. If misconduct of seafarer will recur again the seafarer dismissal is affected without additional notice. Dismissal for just cause may be affected by the Master without furnishing the seafarer with a notice of dismissal if there is a clear and existing danger to the safety of the crew or the vessel. The Master shall send a complete report to the Owner and the manning agency substantiated by witnesses, testimonies and any other documents in support thereof. The disciplinary rules applicable to the Seafarer are set out in the Belize Statutory Instrument No. 99 of 1999 on Disciplinary Liability of Seafarers. 15. TERMINATION OF EMPLOYMENT The employment of the seafarer shall cease when the seafarer completes his period of contractual service aboard the vessel, signs-off from the vessel The employment of the seafarer is also terminated when the seafarer signs-off for any of the following reasons: when the seafarer not complying with the ability of the rank declared and or the possession of legal certificates and documents as well as certificates required by the flag. when the seafarer signs-off and is disembarked for medical reasons when the seafarer signs-off due to shipwreck, ship's sale, lay-up of vessel, discontinuance of voyage or change of vessel principal. when the seafarer, in writing, voluntarily resigns and signs off prior to expiration of contract. In this case repatriation costs are for seafarer’s account (minimum notice period to be given by the seafarers and the owner of the ship for the early termination of a seafarers’ employment agreement shall not be shorter than fifteen (15) days). Shorter notice can be given by the seafarer and accepted by the Owner, without fines, for the compassionate or urgent reason that is recognized by Owner as justifying termination. when the seafarer is discharged for just disciplinary cause. In this case the Employer may deduct 30% of total monthly salary due to seafarer but not less than 700 USD. In such a case, repatriation costs shall be for seafarer’s account and Company’s expenses for endorsement under the flag state shall be reimbursed by the seafarer in full. 16. REPATRIATION If the vessel is outside the convenient port the expiration of the contract, the seafarer shall continue his service on board until the vessel's arrival at a convenient port and/or after arrival of the replacement crew provided that, in any case, the continuance of such service shall not exceed one month. The seafarer shall be entitled to earned wages and benefits as provided in his contract. If the vessel arrives at a convenient port before the expiration of the contract, the master/employer may repatriate the seafarer from such port, provided the unserved portion of his contract is not more than one month. The seafarer shall, if discharged at a port abroad for any reason other than for discipline, be accommodated ashore and in cases where it is not intended that he rejoin the vessel, shall be repatriated to the country of origin via sea or air as may otherwise be directed by the employer/master/agency. When the seafarer is discharged for any just cause, the employer shall have the right to recover the costs of his replacement and repatriation from the seafarer's wages and other earnings. A seafarer who requests for early termination of his contract shall be liable for his transportation cost of his replacement. The employer may, in case of compassionate grounds, assume the transportation cost of the seafarer's replacement. The seafarer will be entitled to repatriation, at the expense of the Employer, if he/she is away from his/her country of residence when this agreement is terminated: by the Employer by him/her in the event of illness or injury or other medical condition requiring his/her repatriation, 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. in circumstances where the seafarer is no longer able to carry out his/her duties under this contract or cannot be expected to do so e.g. shipwreck, the sale of the ship or a change in the ship’s registration. The seafarer may not be entitled to repatriation at the expense of the Employer in circumstances where he/she have been dismissed on disciplinary grounds or have breached his/her obligations under this contract. In such circumstances the Employer will still be liable to repatriate the seafarer but is entitled to recover from any wages due to him/her the cost of doing so. 17. COMPENSATION AND BENEFITS COMPENSATION AND BENEFITS FOR DEATH In case of work-related death of the seafarer, during the term of his contract the employer shall pay his beneficiaries the amount of Fifty Thousand US dollars (US$50,000). . It is understood and agreed that the benefits mentioned above shall be separate and distinct from, and will be in addition to whatever benefits which the seafarer is entitled to in his country from the Social Security System if applicable. The other liabilities of the employer when the seafarer dies as a result of work-related injury or illness during the term of employment are as follows: The employer shall pay the deceased's beneficiary all outstanding obligations due the seafarer under this Contract. The employer shall transport the remains and personal effects of the seafarer to his country of origin .In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master's best judgment. In all cases, the employer/master shall communicate with the manning agency to advise for disposition of seafarer's remains. The employer shall pay the beneficiaries of the seafarer the amount of One Thousand US dollars (US$1,000) for burial expenses at the exchange rate prevailing during the time of payment. COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS If the seafarer requires medical care while he/she is on-board this will be provided 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, the seafarer will be given leave to visit a qualified medical doctor or dentists in ports of call for the purpose of obtaining treatment. In the event of sickness or incapacity, the seafarer 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 his/her recovery or until his/her sickness or incapacity has been declared of a permanent character, subject to a maximum period of 16 weeks. In addition the Employer will meet the cost of the return of the seafarer’s property left on board to him/her or his/her next of kin. The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: The employer shall continue to pay the seafarer his wages during the time he is on board the vessel; Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to 1/3 his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return except when he is physically incapacitated to do so, in which case, a written notice to the agency within the same period is deemed as compliance. Failure of the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the above benefits. Upon sign-off of the seafarer from the vessel for medical treatment, the employer shall bear the full cost of repatriation in the event the seafarer is declared fit for repatriation; or fit to work but the employer is unable to find employment for the seafarer on board his former vessel or another vessel of the employer despite earnest efforts. Shipowners are not liable in the following circumstances: injury incurred otherwise than in the service of the ship; injury or sickness which resulted from a willful act, default or misconduct of the seafarer; injury or sickness which developed from a condition that was intentionally concealed from the shipowner (employer) at or prior to engagement under the seafarers employment agreement; death due to a willful act of the seafarer; death which developed directly from a condition that was intentionally concealed from the shipowner (employer) at or prior to his engagement under the seafarers‟ employment agreement; if the seafarer refused medical treatment for such sickness or injury or was denied such treatment because of misconduct or default; if at the time of engagement, the seafarer refused to be medically examined; or if death was caused directly by war or an act of war, declared or undeclared. But this clause shall not apply if at the time of the act the vessel had entered a known zone of international hostility for the purpose of trade. A seafarer who knowingly conceals and does not disclose past medical condition, disability and history in the pre-employment medical examination constitutes fraudulent misrepresentation and shall disqualify him from any compensation and benefits. This may also be a valid ground for termination of employment and imposition of the appropriate administrative and legal sanctions. When requested, the Employer shall furnish the seafarer a copy of all pertinent medical reports or any records at no cost to the seafarer. 18. TERMINATION DUE TO SHIPWRECK Where the vessel is wrecked necessitating the termination of employment before the date indicated in the contract, the seafarer shall be entitled to earned wages, medical examination at employer's expense to determine his fitness to work, repatriation at employer's cost and one month basic wage as termination pay. 19. TERMINATION DUE TO VESSEL SALE, LAY-UP OR DISCONTINUANCE OF VOYAGE Where the vessel is sold, laid up, or the voyage is discontinued necessitating the termination of employment before the date indicated in the Contract, the seafarer shall be entitled to earned wages, repatriation at employer's cost and one month basic wage as termination pay, unless arrangements have been made for the seafarer to join another vessel belonging to the same principal to complete his contract which case the seafarer shall be entitled to basic wages until the date of joining the other vessel. 20. TERMINATION DUE TO UNSEAWORTHINESS If the vessel is declared unseaworthy by a classification society, port state or flag state, and such unseaworthiness cannot be removed by Employer’s measures within more than 30 days the seafarer shall not be forced to sail with the vessel. If the vessel's unseaworthiness necessitates the termination of employment before the date indicated in the Contract, the seafarer shall be entitled to earned wages, repatriation at cost to the employer and termination pay equivalent to one month basic wage. 21. TERMINATION DUE TO REGULATION, CONTROL PROCEDURES OF THE 1978 STCW CONVENTION, AS AMENDED If the seafarer is terminated and repatriated as a result of port state control procedures/action in compliance with Regulation of the 1978 STCW Convention, as amended, his termination shall be considered valid. However, he shall be entitled to earned wages, repatriation at cost to the employer and termination pay equivalent to one month basic wage. 22. CHANGE OF PRINCIPAL Where there is change of principal of the vessel necessitating the termination of employment of the seafarer before the date indicated in the Contract, the seafarer shall be entitled to earned wages, repatriation at employer's expense and one month basic pay as termination pay. If by mutual agreement, the seafarer continues his service on board the same vessel, such service shall be treated as a new contract. The seafarer shall be entitled to earned wages only. In case arrangements has been made for the seafarer to join another vessel to complete his contract, the seafarer shall be entitled to basic wage until the date joining the other vessel. 23. LOSS OF OR DAMAGE TO CREW'S EFFECTS BY MARINE PERIL The seafarer shall be reimbursed by the employer the full amount of loss or damage to his personal effects but in no case shall the amount exceed Two Thousand US dollars (US$ 2,000) 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. 24. GENERAL SAFETY The seafarer shall observe and follow any regulation or restriction that the master and Employer may impose concerning safety, drug and alcohol and environmental protection. The seafarer shall make use of all appropriate safety equipment provided him and must ensure that he is suitably dressed from the safety point of view for the job at hand. 25. PRESCRIPTION OF ACTION All claims arising from this Contract shall be made within three (3) month from the date cause of action arises , otherwise the same shall be barred. 26. APPLICABLE LAW Any unresolved dispute, claim or grievance arising out of or in connection with this Contract, including the annexes thereof, shall be governed by the laws of the country of Ship’s Flag . In case Ship’s flag laws allow arbitration, unresolved dispute, claim or grievance shall be considered by reputable legal firm authorized by Ship’s Flag state as Deputy Registrar. Signature of the Employer/Подпись Работодателя Signature of the Seafarer/Подпись Моряка: Place where this Agreement is entered into _____________________________________________ Date when this Agreement is entered into _____________________________________________
