Contracts of employment, wages and other remuneration, advances, allotments, payment into bank accounts
All seafarers working on board any company’s ship shall have a signed original of the seafarer’s employment agreement and the agreement is to be signed by the seafarer and the company or a representative of the Company. The representative of third party agency acting on behalf the Company must state his/her name and designation along with the signature. Any such representation contract by a third-party agency will be documented and the authorized representative signatory of the third party agency will be designated.
All seafarers shall have the opportunity to examine and seek advice on the terms and conditions in their seafarer’s employment agreement before signing.
Company shall ensure that clear information on the conditions of employment including a copy of the seafarer’s employment conditions, are easily obtainable on board by seafarers, and accessible for review by officers of a competent authority, including those in ports to be visited. Copy of employment agreementRelevant information to be available in English.
Company shall ensure that all seafarers are given a document containing a record of their employment on boards (Seaman Discharge Book) and that document shall not contain any information on the quality of seafarer’s work or their wages. The minimum notice period for early termination is not less than 7 days or payment –in-lieu for shorter notice.
The seafarer’s employment agreement format as per flag state requirement, with Minimum contain:a) The seafarer’s full name, date of birth or age, and birth place;b) The company name and address;c) The place where and date when the seafarer’s employment agreement is entered into;d) The capacity in which the seafarer is to be employed;e) The amount of the seafarer’s wages or, where applicable, the formula used for calculating them;f) The amount of paid annual leave or, where applicable, the formula used for calculating it;g) The termination of the agreement and the conditions thereof, including:i – If the agreement has been made for an indefinite period, the conditions entitling either party to terminate it, as well as the required notice period, which shall not to be less for the ship-owner than for the seafarer;ii – If the agreement has been made for a definite period, the date fixed for its expiry; andiii – If the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer should be discharged;
h) The health and social security protection benefits to be provided to the seafarer by the company.i) The seafarer’s entitlement to repatriation;j) Reference to the collective bargaining agreement, if applicable;k) Any other particulars which national law may require.
WagesThe company shall ensure all seafarers shall be paid
- Regularly
- In Full
- In Accordance with their employment agreements.
Payment at intervals no greater than one monthMonthly account to be given to seafarer (including information on payment due, amount paid, wages, additional payments, rate of exchange if any shall not be unfavorable of seafarer). Means to transmit earnings to be granted. Measures to ensure that seafarers are able to transmit their earnings to their families include; i – A system for enabling seafarers, 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 by bank transfer or similar means.ii – A requirement that allotments should be remitted in due time and directly to the person or persons nominated by the seafarers.iii – Transmissions of earning by seafarers shall be free for one account and reasonable charge will be applicable if more than one bank account.
Hours of work and hours of restCompany shall ensure that every seafarer on board is entitled to Maximum hours of Work of,i) 14 Hours in any 24-hour period.ii) 72 Hours in any seven-day period.OR,Company shall ensure that every seafarer on board is entitled to Minimum hours of Rest of 10 Hours in any 24-hours period. And,i) 77 Hours in any seven-day period.
Hours of Rest i. Division into Maximum two period ii. Maximum interval between two rest period 14 hours.
Exceptions from the required hours of rest can be allowed provided that rest period is not less than 70 hours in any 7-days period and shall not be allowed for more than two consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the exception taking into account the guidance regarding prevention of fatigue given in code B of the STCW 2010(Manila Amendments). Hours of rest means a period during which the seafarer is free to dispose of his time and movements. Meal breaks taken during hours of work shall not be considered as hours of rest.
Musters, FFA/LSA drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. A table with ship boarding working arrangement shall require the posting, in an easily accessible place and shall contain for every position at least: a) The schedule of service at sea and service in port; andb) The maximum hours of work or the minimum hours of rest required by para.2.3.1 to 2.3.3c) The table shall be established in ILO/IMO standard format in English language.
Company records of seafarers’ daily hours of work or their daily hours of rest shall be maintained to allow monitoring of compliance with para.2.3.1 to 2.3.3. In English language. The seafarers shall receive a copy of the records pertaining to them which shall be endorsed by the Master, or person authorized by master, and by seafarers.
Above standard shall be deemed to impair the right of master of a ship to require a seafarer to perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. Accordingly the master may suspend the schedule of hours of work or hours of rest and require seafarers to perform any hours of work necessary until the normal situation. The master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest.
Entitlement to Leave1. All seafarers shall be granted shore leave to benefit their health and well being taking due account of the operational requirements of their position.2. The annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment.
Seafarer compensation for the ship’s loss or founderingSeafarers are entitled to adequate compensation due to ship’s loss or foundering in the case of
- Injury
- Loss
- Unemployment