Gtce 2013 - Arce

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GENERAL TERMS AND CONDITIONS OF EMPLOYMENT 2013

Effective from January 1st 2013

Previously issued GTCE 2011 and all its Addendums are hereby CANCELLED upon signing
and issuance of these General Service Terms and Conditions (GTCE 2013)

There are NO addendums to GTCE 2013. Any future revisions to these terms and conditions
shall be issued as Addendums and shall form integral part of GTCE 2013

"List of Vessels" & "Applicable Wage Scale" shall be informed to all parties from time to time
and they shall be applicable in conjunction with GTCE 2013

“Association of Russian Crew Enterprises Ltd”

Piraeus, Greece

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PARTIES AND APPLICATION OF AGREEMENT
(Governed by IBF JSU-IMMAJ CA 2013)

1. The provisions of these General Terms and Conditions of Employment (referred to as GTCE
2013 from hereon) shall apply to Seafarers serving on the Vessels of the Company for which
Crew Managers have been duly appointed.

In GTCE 2013, the following terms would mean as follows:

―“Crew Manager” means “Association of Russian Crew Enterprises Ltd.”

―“Company” means both “MOL Ship Management (Singapore) Pte. Ltd.” and “New Asian
Shipping Company, Limited.”

―“Seafarer(s)” means Seafarer(s) serving on vessels for or by arrangement with the Company on
the terms of this Agreement. And “Employee” and “Crewmember” shall have the same meaning.
“Officers” means Deck Officer, Engineer Officer, and Electrical Engineer

―“Vessel(s)” means any vessel(s) of the Company for which Crew Managers have been duly
appointed, on which any Seafarer(s) may from time to time serve pursuant to this Agreement,
and Ship(s) shall have the same meaning.

―“Addendum” means any addendum signed by authorized representative of the Company.

―“The place of original engagement” means the nearest International airport from Seafarers’ home
town (as indicated in their employment contract).

―“Next of Kin” means immediate family members of seafarers as follows:


(i) Unmarried Seafarer – His father and mother
(ii) Married Seafarer – His Spouse and children only

―“Compassionate Grounds” means when a “Next of Kin” of seafarers either falls dangerously ill or
dies.

2. A Seafarer to whom these General Terms and Conditions are applicable, in accordance with
Article 1 above, shall be covered by the Agreement with effect from the date on which he departs
from the place of original engagement for sign on, whether he has signed articles or not, until the
date on which he arrives at the place of original engagement after sign off and/ or the date until
which, in accordance with this Agreement, the company is liable of the payment of wages. In case of
a seafarer departs/arrives from/to other area except the place of original engagement and/or deviates
from ordinary itinerary, it shall be approved by the company in advance including the payment of
wages.

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DURATION OF EMPLOYMENT/PROBATION

3. A) A Seafarer shall be engaged for four (4) months, which period may be extended to six (6)
months for company’s operational convenience. However, the contract can be extended to 8 months
upon mutual agreement.
For purpose of calculation the calendar month of employment shall be regarded as having 30 days
b) The first six (6) weeks of service during the first term of employment with the Company shall be
regarded as probationary and both the seafarer and/or the Company shall be entitled to terminate the
employment prior to the expiry of the contract during this period. In such event the cost of
repatriation shall be the responsibility of the party who gives notice of termination, but the
compensation for premature termination of employment shall not apply.
c) If a seafarer is promoted, the first six weeks of service on higher rank will be considered to be
probationary periods. If the seafarer is found unable to perform the duties of the rank he is promoted
to, the Company reserves the right to revert the seafarer to the earlier held rank. In case the seafarer
refuses to accept the same, he will be repatriated at the Company’s expense. The Company reserves
the right, if required, to transfer a seafarer to any other vessel and the seafarer must comply with the
Company’s extant rules, regulations and any lawful instructions.
d) If a seafarer is promoted on board, such changing of his position shall not affect the total contract
duration of his employment as per Article 3(a).
e) A seafarer may be employed for a period less than stated in Article 3(a) in special circumstances
due to Company operational convenience and under the mutual agreement before assignment.
The contract duration under special circumstances is minimum 1 month. If actual working period is
less than 1 month, the seafarer is entitled to receive whole month salary. Leave Wage shall not be
applicable in such cases, since the seafarer shall be paid always more than his actual days on board.
If actual working period is more than 1 month – salary and leave wage to be treated pro-rata until
actual completion of employment.
f) Duration of the Seafarer engagement may be reduced to less than 4 month in exceptional cases
only due to special circumstances under Company request and with mutual agreement.
If the Seafarer does not mutually agree for an early termination of his engagement under Company
request, company shall either allow him to continue his engagement OR the company shall pay 2
month basic wage compensation to the seafarer, in case of termination of contract.

MEDICAL EXAMINATION

4. All seafarers will be required to undergo a pre-employment medical examination at the Company
expenses by a designated doctor of the company before each engagement and they must supply the
Doctor, true and detailed information of their past and present health condition. Failure to do so may
affect the seafarer’s entitlement to compensation as per article 16, 17, 18 and 20.
The seafarer is requested to pass medical examination and drug & alcohol test on soonest
opportunity after his next assignment is fixed.

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WAGES/ALLOTMENT

5. a) The wages, payable by the company to each Seafarer, shall be calculated in accordance with
this agreement and the only deductions from such wages shall be applicable as per the wages scale
applicable to him. The Seafarer shall be entitled to payment in cash in US Dollars after such
deductions at the end of each calendar month. . All Seafarers shall be entitled to send monthly
allotments equal to their wage/part of wage ( after applicable deductions ) and as per allotment
procedure advised by Crew Manager/Company to their own Bank accounts at the end of each
calendar month as an option of payment. For the purpose of calculation of wages, a calendar month
shall be regarded as having 30 days.
b) Officers will be paid “Round the Year Wages” subject to fulfilling all the terms and conditions and
wage payable during board and leave will be as per the applicable scale.
c) Leave days are calculated pro-rata based on correlation: a seafarer is entitled for 15 leave days per
every one month of on board employment. For purpose of calculation, a calendar month shall be
regarded as having 30 days. For short month, calculation of leave days shall be done pro-rata.
d) Leave wages allotment shall be sent at the end of the month. When an officer signs off up to and
including 20th day of any month then his leave wage of that month will be deposited by the end of
the same month but when he signs off after 20th day of the month then his leave wages for that
month will be clubbed together & sent along with next month leave wages.
e) Round the year wage is not applicable to cadet.
f) During overlapping period for familiarization the Seafarers are entitled for remuneration as per
conditions below.
(i) The seafarers, who serve the company first time, are paid 180 % of basic wage during the
overlapping period for familiarization.
(ii) The Seafarers, who have already experience to serve the company and promoted to the next
high rank on shore or on board, are entitled to receive the remuneration, which is equivalent
to 80 % of Gross Total wages of the rank promoted, during the overlapping period for
familiarization.
(iii) The seafarers, who have already experience to serve the company in the current rank and/or
be specially requested by the company to join the different type of vessel for onboard
training and/or to pass overlapping period, nominated by company, are entitled to receive the
remuneration, which is equivalent to Gross Total wages, during the onboard training.
g) Payment of the wage is counted from the day of departure of the place of original engagement for
the purpose of joining a vessel till the date of arrival of the place of original engagement for vacation
or till the date of disembarkation from the vessel.

WAITING ALLOWANCE

6. a) If the company is unable to provide placement to an officer after expiry of his leave subject to
Article 5(c) , the officer will be eligible for per day “Waiting Allowance” for the period from the date
of expiration of his Leave entitlement, up to the previous day of commencement of next tenure...
Waiting allowance will include Basic wage and will be paid on joining next vessel by remittance of
entitled amount to a Seafarer’s Bank account. .
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b) On the basis of vessel’s call to port and for the sake of suitability of placement, an officer on leave
may be requested to join a vessel up to a maximum of 10 days prior to completion of his due leave.
However if the officer refuses such request from the company, he will not be eligible for “Waiting
Allowance” on completion of his due leave.
c) If Crew Manager expects that an officer will be entitled for "Waiting Allowance", then same must
be intimated to the Company. Crew Manager is to discuss with Company regarding placement
possibilities within the entitled leave period to avoid additional payment. Waiting Allowance will
not depend on Company's sanction. It will follow GTC.
d) Notice of readiness:
A Seafarer is requested to declare Notice of Readiness (NOR, i.e. written advice to the Crew
Manager) 4 weeks prior to the expiry of his vacation entitlement as a confirmation for readiness for
the next employment.
All his documents/certificates required for joining next vessel to be valid for period of tenure (6
months) + 2 months on the date of NOR declaration.
Pre-joining medical examination and drug & alcohol test to be completed as per terms of Article 4.
Seafarer should provide his contact phone number and must be available for contact by Crew
Manger at any time.
e) If an officer on unpaid leave, reports to join a vessel on call by the Crew Manager and after
completion of all joining formalities the joining date is delayed due to no fault on the part of the
officer, he will be entitled for Waiting Allowance from the day he was actually required to join the
vessel up to the previous day of commencement of next tenure or 10 days whichever is less.
f) An officer on the following grounds will not be entitled for Waiting Allowance:
(i) Written NOR is not received by the Crew Manager 4 weeks prior to the expiry of his
vacation entitlement.
(ii) He has availed of extra vacation in excess of his vacation entitlement.
(iii) Refuses to join the vessel he has been allocated after intimating readiness to rejoin.
(iv) Refuses to join at the request of the company within window period (maximum 10 days
prior to completion of leave).
(v) Failed to pass medical examination and drug & alcohol test as per article 4 and not ready to
join the vessel by the company’s designated date.
(vi) Terminated his previous tenure prematurely at own request. (Except for compassionate
ground)
(vii) If the seafarer, after tendering NOR, is not contactable by Crew Manager on his primary and
secondary contact numbers for a relatively prolonged time, and he has not duly informed
Crew Managers of his whereabouts if he is leaving his place of residence
(viii) If his all certificate / documents required for placement are not valid.

g) If an officer fails to be contacted by the Crew Manager by any reason such as he has joined
another company, taken up a shore job, pursued some studies etc, for which Crew Manager was not
informed previously, it will be considered that he has left the company or intends to leave the
Company’s service. If he rejoins at later stage, he will be considered as a new joiner and relevant
terms shall apply to him.

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LICENSE UPGRADE BONUS

7. In order to motivate officers to acquire senior rank Licenses & to assist officers for their career
growth, the Company shall pay a “License Upgrade Bonus” as follows:
a) Applicable: For Pool Officers only, when they acquire a License of higher rank during their active
employment (following all other GTC requirements) with the company. Applicable higher grade
licenses means Master, Chief Officer, 1-Class Engineer & 2-Class Engineer.
b) Amount: One Month Basic Wage of the rank for which new License is acquired.
c) Payment: When the seafarer joins a vessel with promotion (On-Board or On-Shore) after
acquiring the “Higher Rank License” as per (a) above, the payment as per (b) above shall be made to
his designated bank account along with the “Home Allotment” of the month in which he is actually
promoted to his new rank.
d) For handling (c) above, Manning agents shall prepare an Invoice and send to the company along
with copy of “Higher License” of the seafarer. Such Invoices shall be sent along with Home
allotments, WA & LW calculations at end of the month. Ensuring the Applicability of this allowance
shall be confirmed by Manning agents before issuing such Invoices.
e) This allowance is applicable to seafarers who acquire Higher Licenses after 1st August 2011

PROLONGED SERVICE BONUS

8-1. If the Company is not able to relieve a seafarer on completion of 5 month (i.e. 150 days from
the date of COE commencement) on board tenure having basic contract (4+2) as per the GTC due to
unforeseen reasons, the seafarer shall be entitled for a “Prolonged Service Bonus” as follows:
a) Applicable : From the “date on which the seafarer completes 5 months tenure on board (as per
COE)” until the “date on which he arrives at his “Original Port of engagement” (Total Number of
actual days to be considered irrespective of the months in which such dates commence and
complete)
b) Amount: Pro-rata of “50 % of Basic Wage” for the number of days as calculated in (a) above. To
arrive at the pro-rata amount, 1 month shall be considered as 30 days.

8-2.In the unlikely event that the Company is not able to relieve a seafarer on completion of his
contract of 6 months (4+2) (i.e. 180 days from the date of COE commencement) as per the GTC due
to unforeseen reasons, the seafarer shall be entitled for a “Prolonged Service Bonus” as follows:
a) Applicable : From the “date on which the seafarer completes 6 months tenure on board (as per
COE)”until the “date on which he arrives at his “Original Port of engagement” (Total Number of
actual days to be considered irrespective of the months in which such dates commence and
complete)
b) Amount: Pro-rata of “100% (Full) Basic Wage” for the number of days as calculated in (a) above.
To arrive at the pro-rata amount, 1 month shall be considered as 30 days.

c) Payment: The amounts calculated as in 8-1 (b) & 8-2 (b) above, if any, shall be advised by vessel
to the Manning Agents along with the “Leave Wage Calculation Message”. The amount shall be

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remitted to seafarers designated bank account along with the “First Leave Wage entitlement” after
his disembarkation from the vessel.
d) This Bonus is not applicable to seafarers who have willingly requested for “Extension of their
contract” due to their own reasons.
e) The company & Manning agents shall always endeavor to relieve seafarers on completion of their
contracts. This benefit shall NOT be used as an alternative to effect proper rotation of seafarers and
relieving them in time.

REIMBURSEMENT FOR DOCUMENTS AND OTHER ARTICLES

9.a) The crew manager may arrange following articles for seafarers and those expenses will be
settled with the company on monthly basis. In this case, seafarers are not involved in the
settlement.

(i) Safety Shoes (US$50)


(ii) Pre-Employment Medical Examination (US$95)
(iii)Drug & Alcohol Test (US$30)
(iv) HAZMAT required by CFR-49 (US$120)
(v) US Visa (US$290)

b) If the crew manager is unable to arrange the documents above and if a seafarer arranges those
documents by himself, the expenses will be credited to the seafarer upon joining the vessel. In this
case, the crew manager shall prepare his employment contract including those expenses.

c) In either cases of above a & b, the payment bills or receipts are not required and those expenses
shall be fixed amount.

d) All other necessary expenses for documentation (other than US Visa) shall be arranged
/compensated by the company. Whenever it is required to pay for such expenses individually by
seafarers, the amount shall be compensated by the company after joining/rejoining the vessel based
on demand by the seafarer against a “payment bill or a receipt”.

TRAVELING EXPENSES FOR JOINING AND REPATRIATION

10. a) The Company and/or the Crew Manager shall make all necessary travel arrangements from the
place of original engagement (International Airport nearest to seafarers’ home town, as indicated in
their employment contract) to the vessel at the commencement of the contract and repatriate the
seafarers to the same International Airport at the end of contract.

b) When air travel is involved for both joining and repatriation, all Seafarers will travel by economy
class and shall limit the weight of their baggage to 40 Kgs (Forty Kilos). Any charge made by
airlines by reason of a seafarer exceeding this weight shall be paid by the seafarer himself.

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c) Anytime while staying in a hotel on Company’s account, Company will be responsible for
“lodging and meals” only. Seafarers shall settle their personal expenses towards phone calls,
mini-bar in hotel room, pay channel television, bar, laundry, cigarettes etc prior to leaving the hotel.

d) Seafarers shall be entitled to receive the meal allowance US$ 50 per day in following cases
(Joining only).
(i) If the meal is not arranged by the company during hotel staying
(ii) If the seafarer has to wait for his flight/vessel’s joining more than eight (8)
hours at transit points.

e) If the Seafarer has incurred traveling expenses due to unexpected reason (flight/vessel delay, etc)
and not due to his personal fault, the reimbursement of such expenses on board is subject to
Company confirmation.

f) Domestic travel allowance for Joining and Repatriation


The Seafarer shall make all necessary travel arrangements from/to his home town to/from the
International Airport by himself and the expenses for domestic travel shall be as per below table.
Distance Transportation Meal for Repatriation
only
Less than 100 Km USD20.00
100 Km – 300 Km USD40.00 USD50.00
300 Km – 500 Km USD120.00 Always paid at the time of
500 Km – 1000 Km USD 140.00 Joining
Over 1000 Km USD200.00

g) If seafarer is entitled to receive the domestic travel allowance and meal allowance, the crew
manager shall prepare his employment contract as per this clause, including those allowances when
joining/rejoining the vessel.

HOURS OF DUTY, OVERTIME AND WATCHKEEPING

11-12. Hours of Rest, Overtime and Watch Keeping shall be maintained as per Company procedures
and always in compliance with STCW Convention and ILO Maritime Labour Convention 2006

REST PERIOD

13. Rest Periods on board shall be maintained and complied as per company OPM and International
Regulations.

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MANNING

14. The Ship shall be competently and adequately manned so as to ensure its safe operation and the
maintenance of a three-watch system whenever required and in no case manned at a lower level than
the ITF Minimum Safe Manning Scales.

SHORTHAND MANNING

15. Where the complement falls short, for whatever reasons, of the agreed manning, the Basic wages
of the shortage category shall be paid to the affected members of the concerned department. Such
shortage, however, shall be made up as soon as possible by the company and Crew Manager.
Shorthand Manning Payment is allowed for all positions on board.

MEDICAL ATTENTION

16. A seafarer, who is discharged owing to sickness or injury, shall be entitled to medical attention
(including hospitalization) at the Company’s expense for as long as such medical attention is
required and provided the submission of satisfactory medical certificate. The Company shall be
liable to defray the expense of medical care and maintenance until the sick or injured person has
been cured or until the sickness or incapacity has been declared to be of a permanent character.

For dental Treatment, the Company shall be liable to defray the payment as follows:
1. Any dental treatment related to “work-related Injury Trauma”
2. Acute Pain relief which is treated by Tooth Extraction only.

Any other dental services including arrangements shall be paid in full by the seafarer himself (e.g.
tooth cleaning, treatment other than extraction to save the teeth and related medication for it, filling,
crown, caps etc)

SICK PAY

17. When a Seafarer is signed off and landed at any port because of sickness or injury, his wages
(basic wages, fixed overtime) shall continue until he has been repatriated at the Company’s expense
or has arrived at his home or place of his original engagement, whichever place is more convenient
for the Seafarer, Thereafter he shall be entitled to sick pay at a rate equivalent to his basic wages
while he remains sick or injured up to a maximum of 130 days. Proof of his continued entitlement to
sick pay shall be by submission of satisfactory medical certificates.

DEATH IN SERVICE

18. If A Seafarer dies through any cause whilst in the employment of the Company, including death
from natural causes and death occurring whilst traveling to and from the vessel, or as a result of
marine or other similar peril, but excluding death due to willful acts, the Company shall pay the
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sums specified below to the declared next of kin and to each dependent child under the age of 21
years subject to a maximum of 4 children. The above compensation shall include those Seafarers
who have been missing as a result of peril of the sea (i.e. collision, sinking, conflagration and similar
contingencies) and presumed dead three months after the adversity. The Company should also
transport at its own expense the body to the Officer’s home where practical and at the families’
request and pay the cost of burial expenses. If the Seafarer shall leave no next of kin, the
aforementioned sum shall be paid to the person or body empowered by law or otherwise to
administer the estate of the Seafarer. Any payment effected under this clause shall be without
prejudice to any claim for compensation made in law.

(i) to immediate next of kin – USD93,154


(ii) to each dependent child under the age of 21 years – USD18,631 subject to a maximum of 4

SERVICE IN WARLIKE OPERATIONS AREAS


Warlike operations areas shall be as defined by IBF Agreements which shall be advised by the
company time to time.

19. a) During the assignment a Seafarer shall be given full information of the war zone’s inclusion in
the Ship’s trading pattern and shall have the right not to proceed to a warlike operations area, in
which event the Seafarer shall be repatriated at Company’s cost with benefits accrued until date of
return to the port of engagement.
b) Where the Ship enters into an area where warlike operations take place, the Seafarer will be paid a
bonus equal to 100% of the basic wage for the duration of the Ship’s stay in such area subject to a
minimum of five day’s pay. Similarly the compensation for disability and death shall be doubled.
c) A warlike operations area will be as indicated by IBF Agreement.
d) A Seafarer shall have the right to accept or decline the assignment without risking losing his
employment or suffering any other detrimental effects.

DISABILITY

20. a) A Seafarer who suffers permanent disability as a result of an accident or illness, regardless of
fault but excluding injuries caused by a Seafarer’s willful act, whilst in the employment of the
Company, including accidents occurring while traveling to or from the Ship, and whose ability to
work is reduced as a result thereof, shall in addition to sick pay, be entitled to compensation
according to the provisions of the Agreement. The copy/ies of the medical certificate and other
relevant medical reports shall be made available by the Company to the Seafarer.

b) The disability suffered by the Seafarer shall be determined by a doctor appointed by the Company,
and the Company shall provide disability compensation to the Seafarer in accordance with the
percentage specified in the table below which is appropriate to this disability.

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Degree of Disability (%) RATE OF COMPENSATION (US$)
Ratings Junior Officers & Senior Officers
AB & below Ratings above AB
100 93,154 124,205 155,257
75 69,866 93,154 116,443
60 55,892 74,523 93,154
50 46,557 62,103 77,628
40 37,262 49,682 62,103
30 27,946 37,262 46,577
20 18,631 24,841 31,051
10 9,315 12,421 15,526

with any differences, including less than 10% disability, to be pro-rata.

The compensation provided under this paragraph for 100% disability shall not exceed US$155,257
for senior officers, US$124,205 for junior officers and ratings above AB and US$93,154 for ratings,
AB and below, with lesser degrees of disability compensated pro-rata.

c) Permanent Medical Unfitness – A Seafarer whose disability, in accordance with SECTION 20-a),
is assessed at 50% or more under the Appendix 3 of IBF JSU-IMMAJ CA shall, for the purpose of
this paragraph be regarded as permanently unfit for further sea service in any capacity and entitled to
100% compensation, i.e. US$155,257 for senior officers, US$124,205 for junior officers and ratings
above AB and US$93,154 for ratings, AB and below. Furthermore, any Seafarer assessed at less than
50% disability under the Contract but certified as permanently unfit for further sea service in any
capacity by a doctor appointed by the Company, shall also be entitled to 100% compensation.

d) Loss of Rank – A Seafarer whose disability, in accordance with SECTION 20-a), does not fall
within the terms of SECTION 20-c) but who is determined by the Company doctor to be able to
continue to serve at sea only in a lower category of employment than that in which he was serving at
the time of the accident should be entitled to the degree of disability compensation awarded in
accordance with SECTION 20-b) enhanced by 50%. For the purpose of this paragraph there should
be three categories of employment as follows:-
- Senior Officer - Master, Chief Engineer, Chief Officer, First-Engineer
- Junior Officer - All officers’ rank other than Senior Officer as above.
- Ratings - All Seafarers other than officers as above.

e) If a doctor appointed by the union disagrees with the assessment of the Company doctor in
SECTION 20–b), c) or d), a third doctor shall be mutually agreed between the Company and the
Union, and the decision of this doctor shall be binding on both parties.

f) Any payment effected under SECTION 20-a) to d) shall be without prejudice to any claim for
compensation made in law, but such payments shall be deducted from any award for damages.
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REPATRIATION

21. A Seafarer shall be entitled to repatriation at the Company’s expense to the place of original
engagement:

a) after 4 (four) months of continuous service on board, always subject to the provision of Article 3;
b) when signing off owing to sickness or injury in accordance with the doctor’s authorization as
unfitness for his duty;
c) when his employment is terminated owing to discharge by the Company’s request without any
his misconduct;
d) upon the loss, Cold laying-up or sale of the Ship;
e) if the Ship has been arrested ( whether by a Seafarer or not ) provided the Ship has remained
under arrest for more than 14 days;
f) if the Company has not complied with the provisions of the agreement the Seafarer is entitled to
claim the outstanding wages and to be repatriated at the Company’s expense.
g) on discharge according to SECTION 25 –b), c) or d) below.
h) In case of Compassionate grounds (when the Company can confirm it) whilst the Seafarer is
abroad, the Company shall make every effort to repatriate the Seafarer concerned as quickly as
possible and pay for the repatriation, if the Seafarer is repatriated.

FOOD, ACCOMMODATION, BEDDING, AMENITIES, COMMUNICATIONS, ETC.

22 a) The Company shall provide the following for the use of each seafarer whilst he/she is serving
on board in accordance with the standards specified in Title 3 to Maritime Labour Convention 2006
and shall give due consideration to the Guidelines in that Convention :

(i) sufficient food of good quality;


(ii) accommodation of adequate size and standard;
(iii)One mattress and at least one pillow, three blankets, two sheets, one pillow-case and two
towels. The sheets, pillow-case and towels shall be changed at least once a week;
(iv) necessary cutlery and crockery;
(v) laundry facilities;
(vi) Recreational facilities.

b) The Company shall provide the galley with all items of equipment normally required for cooking
purposes. All items of equipment mentioned in sub-paragraphs (iii) and (iv) above shall be of good
quality.
c) The private communication methods are available for seafarers as per company OPM/Circulars
etc.

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CREW’S EFFECTS

24. a) When any Seafarer suffers total or partial loss of, or damage to, his personal effects whilst
serving on board the vessel as a result of wreck, loss stranding or abandonment of the vessel, or as a
result of fire, flooding or collision, excluding any loss or damage caused by the seafarer’s own fault
or through theft or misappropriation, he shall be entitled to receive compensation on a fair and
reasonable basis as assessed by the Company up to a maximum compensation of US$ 3,000.
b) The Seafarers shall certify that any information provided with regard to lost property is true to the
best of their knowledge.
c) If a Seafarer’s luggage is misplaced during the flight for Joining vessel only, and baggage is not
delivered to the vessel during its stay at the port of embarkation, then he shall be entitled to receive
an inconvenience allowance of US$ 100 on board to buy items of immediate necessity.
The seafarer shall ensure to make appropriate “Claim to Airline Company” before leaving the airport
for the vessel and keep copies of same with him. The company and port agents will try to assist in
the matter as much as possible.
If the Seafarer’s luggage is not traced finally, the officer is entitled to compensation for the loss of
his baggage as per Airline Company regulations.

TERMINATION OF EMPLOYMENT

25. a) A Seafarer may terminate his tenure anytime by serving one-month notice in writing. The
Company/Manager shall endeavor to relieve him as requested at a convenient port; however a
Seafarer will be responsible for his own repatriation cost and his reliever joining cost inclusive of
agency fees and hotel charges.
When an Officer requests relief during his probation period provisions of Article 3(b) will be
applicable.
b) If the Seafarer was employed for a specified voyage, and if the voyage is subsequently altered
substantially, either with regard to duration or trading pattern, the company shall make all efforts to
arrange for his repatriation at the earliest available opportunity, without unnecessarily extending his
stay on board.
c) A Seafarer may refuse to sail into a warlike operations area as defined by IBF Agreement.
d) A seafarer shall be entitled to terminate his employment immediately if the ship is certified
substandard in relation to the provisions of Charter 1, Regulation 19 of the Safety of Life at Sea
Convention (SOLAS) 1974, or substandard in relation to ILO Convention No. 147, 1976, Minimum
Standards in Merchant Ships. In any event, a Ship shall also be regarded as sub standard if it is not in
possession of one or more of the certificates required under Chapter 1, Regulations 12 and 13 of
SOLAS or ILO Convention No. 147.
e) The Company may terminate the employment of a Seafarer prior to the expiry of his period of
engagement (as specified in Article 3) only due to following reasons:

(i) upon the total loss of the Ship, or


(ii) when the Ship has been Cold laid up for unspecified period , or
(iii) upon the sale of the ship, or
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(iv) upon the misconduct or negligence to duties of the Seafarer giving rise to a lawful
entitlement to dismiss, provided that in the case of dismissal for misconduct or negligence to
duties of the seafarer the Company shall, where possible, prior to dismissal, give written
notice to the Seafarer specifying the misconduct or negligence to duties relied upon and in the
event that such notice is not given as aforesaid the dismissal shall be ineffective in
termination the employment of the Seafarer and the Seafarer shall be entitled to damages in
respect of the unexpired term of this employment in addition to the compensation provided
for in (f) below.
In case the seafarer is discharged as per above e)-iv), he will be entitled to wages only up to
and including the date of termination of service, but he will be responsible for his own
repatriation expenses, the repatriation expenses of the relieving Seafarer and also for all costs
and/or losses incurred which would not have arisen, had he not been discharged.
The Company shall ensure that a fair and effective and expeditious on-board procedure is in
place to deal with reports of misconduct and with seafarers’ complaints or grievances. The
procedures shall allow Seafarers to be accompanied or represented during the procedure and
provide safeguards against victimization for raising complaints that are not manifestly
vexatious or malicious.

f) A Seafarer shall be entitled to receive compensation of two months’ basic pay on termination of
his employment for any reason except where:

(i) the termination is as a result of the expiry of an agreed period of service in his Employment
Contract or
(ii) the termination is as a result of notice given by the Seafarer as aforesaid; or
(iii) the Seafarer is lawfully and properly dismissed by the Company as a consequence of the
Seafarer’s own misconduct.
(iv) The termination of the seafarer employment is a result of mutual agreement due to
operational reasons or special circumstances as mentioned in Article 3(f).

g) For the purposes of this Agreement refusal by any Seafarer to obey an order to sail the Ship shall
not amount to misconduct of the Seafarer where:

(i) the Ship is unseaworthy/or otherwise substandard as defined in Article 25 (d) above, or
(ii) for any reason it would be unlawful for the Ship to sail, or
(iii) the Seafarer has an genuine grievance against the Company is relation to implementation of
this Agreement or his Contract of employment, and such grievance has been made known to
the company, for which company has not taken sufficient action, or
(iv)the Seafarer refuses to sail into a warlike operations area.

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MEMBERSHIP FEES, WELFARE FUND and
REPRESENTATION SEAFARERS

26. a) All Seafarers shall be special members of the JSU.


b) The Company shall deduct from the wages of each Seafarer the special membership fees
US$ 40.00 per seafarer per month and remit them to the JSU in accordance with the constitution of
the JSU.

RETIREMENT PAY

27. a) The Company and the JSU agree that in order to provide security of their Seafarers, a
retirement pay must be promulgated. They both agree that this pay will enhance their efficiency and
loyalty and further encourage their continued service with the Company.
b) The Company agrees to deduct US$80.00 for officers per month from the monthly total wages of
each Seafarer while engaged on board ship for the retirement pay and remit it to the appointed
account. The Company and the JSU further agree that this retirement pay shall be managed by a
Board of Trustees whose membership shall come from the Company representative in Japan and the
JSU.
c) The Board of Trustees shall draw out the implementing instructions for the Retirement pay to be
approved by the Company and the JSU.

CERTIFICATE and DOCUMENT

28. The Seafarers at the time of declaring NOR must possess appropriate and authentic documents to
be valid for a period of tenure (6 months) + 2 months.
All seafarers shall prepare and renew their personal documents as soon as they return from an
assignment, to ensure all documents are prepared in time for next assignment.
The seafarer and Crew Managers shall start to prepare and arrange for the Flag State documents for
the next vessel as soon as the next assignment is fixed.

All originals to be carried on board with following:


a) Certificate of competency
b) Revalidation of all required STCW course completed
c) Certificate of all required STCW course completed
d) Passport / Travel document including US C1/D Visa
e) Seaman Book (National)
f) Yellow Fever Certificate
g) Any other document as may be required by the Flag State or State of calling
h) Flag State License & Seaman Book, Pre-Employment Medical Examination and Drug & Alcohol
Test

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TRAINING and FAMILIALIZATION

30. The Company may intend to carry out special training or familiarization training for Seafarers at
designated training center and/or on designated vessel. The Company provide suitable boarding and
lodging during the training and “Travel expenses from/to officer’s home town to/from the training
centers”. The Company may ask Seafarers to attend any other specialized training in Russia or
abroad. Traveling expenses and allowances for training will be paid by the Company as per laid
down training procedures.

FAMILY CARRYING

31. Officers may be permitted to have families on board subject to complying with the following,
a) No new joiners to the Company will be allowed to carry family during probation (First 6
weeks )
b) Vessels life boat capacity & Reserve slots as per OPM
c) Once approved by Master, a formal request including indemnity from duly filled must be sent to
the Company in good time for approval.
d) The Company accepting above request
e) Age of child/ children must not be less than 7 years and not more than 18 years
f) Wife must not be pregnant
g) Family must cover themselves by Medical Insurance prior joining a vessel
h) All cost toward family joining and repatriation including handling charge must be paid by the
officer directly to Travel Agency and / or Local Agent in Port
i) Victualing fee USD 7.50 per day per person shall be paid by the officers to ship’s fund through
the Master. Company may sometimes defray “Victualing cost” for the family on board in certain
circumstances, on case to case basis. Master must consult with the company in this regard, as
soon as family joins the vessel.
j) Undertaking must be given by all officers wishing to carry their family on board that they will
agree to sign off their family at any port if required by the Company consider it unsafe for
family to be on board due to vessel’s future schedule.

PERSONAL PROTECTIVE EQUIPMENT

32. a) The Company shall provide the necessary personal protective equipment for the use of each
seafarer while serving on board.
b) The Company will supply the crew with appropriate personal protective equipment for the nature
of the job.
c) The safety shoes shall be arranged prior to his departure as per article 9-a).

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CONSISTENCY

33. If the contents of the agreement become lower than IBF JSU – IMMAJ CA due to revision of the
CA, all inconsistent parts of terms and condition will depend on the latest CA.

VALIDITY

34. The agreement shall be effective on the 1st January 2013, and shall remain in force from year to
year unless and until any one of the parties gives written Notice of Termination one month prior to
expected time of termination.

AMENDMENT OF THE AGREEMENT

35. Any amendments are considered integral part of this Agreement once they are duly stamped and
signed by the authorized agent and company’s representatives.

WAIVERS AND ASSIGNMENTS

36. The Company undertakes not to demand or request any Seafarer to enter into any document
whereby, by way of waiver or assignment or otherwise, the Seafarer agrees or promises to accept
variations to the terms of this Agreement or return to the Company, their servants or agents any
wages (including Back wages) or other emoluments due to him under this agreement and the
Company agrees that any such document already in existence shall be null and void and of no legal
effect.

1st January, 2013

SIGNED SIGNED

P. Dryuk Agreed by K. Furukawa


On behalf of Managing Director
Association of Russian Crew Enterprises Ltd. MOL Ship Management (Singapore) Pte. Ltd.

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