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Itf Cba 2022-2023 - TCM
ITF CBA 2022-2023
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Itf Cba 2022-2023 - TCM
ITF CBA 2022-2023
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COLLECTIVE FLEET AGREEMENT Between ‘Tsakos Columbia Shipmanagement ("TCM") S.A. (‘The Company”) For and on behalf ofthe owners ofthe vessels sted in Appendix A (which may be amended as necessary) And ‘SEAFARERS UNION OF RUSSIA, Moscow, herein after referred to as “the Union” ‘an affliated union of the International Transport Workers’ Federation (ITF), London, 2022-2023,Adtiele1: Application LL This IBF Agrooment (hereinafter Agreement’ of CBA) is base onthe IBF Framework CBA which sets out the standard terms and conditions applicable only ta seafarers of all nationalities serving on any ship owes cr operated by Tsakos Columbia Shipmanagement ("TCM") S.A. (hereinafter referred to as “Company” in membership with he Joint Negotiating Group in resp of which there isin existonce an IBF Special Agreement. Together withthe TBF Special Agreement and the IBF Memorandum of Agreement, which may containadditional tems ancl conditions televant to seafarers the IBF Framework CBA makes an integral part of the genoral IBF Settlement negotiated between the Intemational Transport Workers Federation (ITF) and the Joint Negotiating Group of maritime employers NG) 12 This Agreement is deme be incorporated int and toca the ems and conitions of the contrac of mployment of any eafarerto whow this Agrement ‘applic. The incorporation ofthis agreement inoech afar individanl contract of employment shal be ade expt 13. Teisundesstood and agreed that nothing contained inthis Agreements intended to ‘or shal be construe! aso restrict any way the author ofthe Master LA The [BF Special Agrooment require the Company, intr als to employ the seafarers on the termsand conditions of an ITF approves agreement, and to enter into ‘elividual contracts of employment with any senfaer to whom this Agreement applies, incorporating the terms and conditions of an ITF approved Agreement, The Company undertakes that t will comply with all the tems and conditions ofthis Agreement. The Company shal farther ensure that signs copies ofthe applicable ITP approved Agreement (CBA) and of the ITF Special Agreement are vallable on board in English 15 Thewords “safarer", "ship", IBF Special Agreement, “Union”, “ITP* and company” when used in this Agreement shall have the same meaning an the [BF Special Agreement. Furthermore, “seafarer” means any person who is employed o engaged or works in any capacity to whom ths collective bargaining agreement applies. "ILC means Maritime Labour Convention adopted by dhe General Conference ofthe Intemational Labour Organization on 2 February 2006 1.5 Fach seafarer, shall becovered by the Agreement with elect from the date on which they are engaged, whether they have signed Articles oF not, until the date on which they sign off or, iflater, the date until which, inaccordarce with this Agreement, the Company is liable forthe payment of wages, whether ornot any employment ‘contracts executed between the seafarer and the Compasy and whether or not the ‘Ship's Articles ate endorsed or amendest to incl the rtes of pay specified i this Agreement, Asticle 2 Pre-Employment 21 Fach seafarershall undertake toserve the Company competently and shall undertakethat they possess anal will exercise, the skill commensurate with the ceetificates that they ‘declare to hold, which should be verified by the Compary. 22 The Company shall be entitled to require that any seafarer shall have a satisfactory pre employment medical examination, at Company expense, by a Company-nominated doctor and that the seafarer answer faithfully any questionnaire on ther state of health, ray be required, Failure to do so may affect the seafarer’s entitlement to compensation as per Articles 22,23, 24,25 and 26, The seafarer shall be entitled to receive a copy of the medical certificate issued in respoct of such nn examination. The provisions ofthis Article shall equally apply to seafarers who were previously employed by the Company, signed off due to medical reasons pursuant to Article 19,1 (b) and may be willing to be re-employedl upon recovery. Any such recovered seafarer shall be treated cxqually to other candidates undergoing medical examinstion, 23, Asfaras practicable, companies who are directemployess or who use seafarers recruitment and placement services shall ensure that the standards laid down in the MLC are met including the requirement that no feos or visa costs are borne directly or indirectly, in whole or in part, by the seafarers for finding employment, the right for seafarers to inspect their employment documents anxl seek advice before engagement and. preventing the recruitment or placement services from using means, mechanisms of lists to prevent seafarers from gaining employment for which they are qualified 24 Each seafarer shal sign an MLC compliant seafarer’s employment contrat. 25 Documentation as required by Flag State shall be at Company expense, Article: Probationary Service 34 The probationary period shall only apply luring the frst term of employment with the ‘Company and shall be one third of the contract length bet in any case, no more than ten weeks, During this period both the seafarer and/ot the Company sball be entitled to terminate the employment prior to the expity of the contact: In such an event compensation for premature termination of employment provided shall not apply. Article &: Non-Seafarers Work AL Neither seafarers nor anyone else on board whether in permanent or temporary. ‘employment by the Company shall carry out cargo handling services ina port ata terminal or on board of a vessel, where dock workers, who are members of an TF affliated union, are providing the cargo handling services, Where there ate not sufficient ‘numbers of qualified dock workers available, the ship's crew may carry out the work provided that there is prior agreement of the ITF Dockers Union or ITF Unions ‘concermedt ancl provided that the individual seafarers volunteer to carry out such duties; and those seafarers are qualified and adequately compensated for that work. For the 342 43 44 purpose of this clause “cango handling services” may include but is not limited to: loading, unloading, lashing, unlashing, checking and receiving Where a vessel is in a port where an official trade dispute involving an [TF-afiliated dock workers’ union is taking place, there shall not be any cargo operations undertaken which could affect the resolution of the dispute. The Company will tot take any punitive rcastres against any seafarer who respects such dockworkers trade dispate and any’ such lawful act by the seafarer shall not be tratod as any breach of the seafarer’s contact of employment, provided that this acts lawful within tho county i is taken. For crewmembers, compensation fr such work performed during the normal working, ‘week, as specified in Article 6 shall be by the payment of the overtime rate specifi in Appendix 2 for each hour or part hour that such work is performed, in addition to the basic pay. Any’ such work performed outs the normal working week will he compensated at double the overtime rate. In implementing the provisions of Articles 4:1 and 4.2 above, specific conditions may apply as identified in Appendix to this CBA. Article 5: Duration of Employment 51 A seafarer shal be engaged forthe period specified in Appendix I to this Agreement and such period may be extended or reduced by the amount shown in Appendix 1 for ‘operational convenience Article 6: Hours of Duty 64 ‘The normal hours of duty shall be as specified in Appendix 1, butin no case shall exceed either; 8) Eighthoues per day from Monday to Friday and four hours on Saturday; or }) _Eighthours per day from Monday to Friday inclusive Article Overtime 72 73 Entitlement to overtime fr all seafarers shall be as specified in Appendix 2 Overtime shall be recorded individually and in duplicate ether by the Master or the Head of the Department. Such record, endorsed by the Master ora person authorised by the Master shall be accessible to the seafarer, Every month the seafarer shal be offered to endorse the record, After the record is endorsed, its final. On completion of his/her contract, one copy shall be provided to the seafarer, if such information is not already contained within the seafarers pay documents. seafarer may request a printed copy of his/her overtime records at any’time during his/her contractual term, 474 Any additional hours worked during an emergency directly affecting the immediate safety of the ship its passengers, crew or cargo, of which the Master shall be the sole juxlge, oF for safety drills or work required to give assistance to other ships oF persons in Immediate perl shall not count for overtime payment. Asticte & Holidays 81 Forthe purpose ofthis Agreement the days listed in Appendix 1 shall be considered as holidays at sea orin port. If holiday falls on a Saturday or a Sunday, the following, working day shall be observed asa holiday. Article 9: Rest Periods 91 Bach seafarer shall have a minimum of 10 hours rest in any 24-hour period and 7 hours inenyecrotdey peed: 9.2. This period of 24 hours shall begin atthe time a Seafarer starts work immediately after having had a period ofa least 6 consecutive hours off det 93. The hours of rest may be divided into no more than two periods, one of which shall beat least 6 hours in length, and the interval between consecurive periods of rest shall not exceed 14 hours, 8.4 Thecompany shall post in an accessible place on board a table detailing the schedule of service at sea and in port and the minimum hours of resfor each position on board in the language of the ship and in English 95. Nothing in this Article shall be deemed to impair the righ of the master ofa ship to require a Seafarer to perform any hours of work necessary for the immediate safety ofthe ship, persons on board or cargo, oF for the purpose of giving assistance to other ships or persons in distress atsea. In such situation, the master may suspend! the schedule of hours of work or hours of rest and require a seafarer t perform any hours of work ‘necessary until the normal situation has been restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed the work ina scheduled rest period are provided with an adequate perio of rest. In addition, the STCW requirements covering overtiding operational conditions shall apply, inchuding those of STCW A-VIII/1, Attic 9, 96 A short break of less than 30 minutes will not be considered as a period of rest97 9s 99. Emergency drills and drills prescribed by national laws and regulations and by international instruments shal be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue The allocation of periods of responsibility on UMSShips where a continuous watchkeeping inthe engine room is not carried out, shallalbo be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue and an adequate compensatory rest period shall be given ifthe normal period! of restis disturbed by callouts Records of seafarers’ daly hours of rest shall be maintained to allow for monitoring of ‘compliance with this Article. ‘Article 10: Wages wa m2 103 0a 103 ‘The wages of each seafarer shall be calculated in accordance with this Agreement and as per the attached wage scale (Appendix 2) and the only deductions from such wages shall, be proper statutory and other deductions as recorded in this Agreement and/or of deductions as authorised by the satarer. lhe wage scale in Appendix 2 shall be cleemest ‘5 minimum requirement, Where a higher entitlement than in the wage scale may be agreed for the seafarer, suck higher entitlement shall be guaranteed and may not be decreased forthe duration ofthe tour of day. ‘The seafarets shall be entitled to payment oftheir net wages, after deductions, in US Adollars, or in a currency agrees with the seafarers, at the end of each calendar month together with an account oftheir wages, identifying the exchange rate where applicable Any svages not drawn by the seafarers shall accumulate for their account and may be ‘drawn asa cash advance twice monthly For the purpose of calculating wages, a calendar month shall be rogardel as having, 30, days [No seafarer employed in the Deck or Engine departments who is 21 or over and is not a trainee shall be paid less than the equivalent rate of an ordinary seaman, Article 11: Allotments na Each seafarer to whom this Agreement applies shall be allowed an allotment note, payable at monthly intervals, of up to 80% of basic wages after allowing for any {leductions as specified in Artiele 10, in line withthe provisions of ILO MLCStandar |A22, paragraph 5 6Article 12 Leave 12.1 Each seafarer shal, on the termination of employment for whatever reason, be entitled 10 payment of leave pay as specified in Appendix? for each completed month of service and pro rata fora shorter period Article 13: Subsistence Allowance 13.1 When food and/or accommodation is not provided on board, the Company shall be ‘responsible for providing, food and/or accommodation cf suitable quality Article 1: Watchkeeping MLL Watchkoeping at sea and, when deemed necessary, in pot, shall be organised where possible on a three-watch basis, 1.2 shall be at the discretion of the Master which seafarers are put into watches and which, ifany, on daywork 143 While watchkeeping at sea, the officer of the navigational watch shall be assisted by a posted lookout during the hours of darkness and as required by any relevant national ‘nd international rules and regulations, and also whenever deemed necessary by the Master or officer of the navigational watch, MA The Master and Chief Engineer shall not normally be required to stand watches, Article 15: Manning 15.1 The Ship shall be competently ane! adequately manned so as to ensure its safe operation nd the maintenance of a three-watch system whenever required and in no case manned ata lower level than in accordance with relevant and applicable international laws, rules and regulations, 152 In addition, the manning of each ship shall be determined following agreement between the Company and the Union with whom the agreement is conclude 153. The agreed manning shall notinchude any temporary or ring squad workers. However, in certain circumstances, the company and the union can ageee that fora limited peviot temporary riding squads may be used on board subject tothe following principles 8) persons engaged for security purposes should not undertake other seafarors’ duties; 7') only specific tasks authorized by the master can be carried out by the riding squads; 9) classification societies are to be informed of any survey or structural work carried out in compliance with LACS UR Z15; 4d) alliding squads must be covered by agreements in ine with ILO conventions and recommendations; and ©) ding squads should not be ased to replace current crew of be used to undermine TP agreements. le 16: Shorthand Manning 16.1 Whore the complement falls short ofthe agrood manning, for whatever reasons the basic wages of the shortage category shall be paid to the affected members of the concerned! department. Every effort shall be made to make good the shortage before the ship leaves the next por of call. Ths provision shall not affect any overtime paid in accordance with Article 7 Article 17: Warlike Operations / High Risk Area 17.1 A Warlike Operations area shall be determined by the IBF, The Company shall regularly receive from the respective IBF constituent information on Waelike Operations areas. An ‘updated list of IBF Warlike Operations areas shall be kept on board the vessel an shall be accessible tothe crew 172 Atte time ofthe assignment the Company shall inform the seafarers if the vessel is ‘bound to or may enter any Warlike Operations area, If this information becomes known, during the period ofthe seafarers’ employment on the vessel the Company shall advise the seafarers immediately. 173 the vessel enters a Warlike Operations area + Theseafarer shall have the right not to proceed to sich area, In this event the ‘seafarer shall be repatriated at Company's cost with benefits accrued until the date ‘of return to his/her home or the port of engagement ‘+ The seafarer shall be entitled to a couble compensation for disability anel death ‘+ The eafarer shall also be paid a bonus equal to 100% ofthe daily basic wage forthe durations ofthe ship's stay in a Warlike Operationsarea - subject toa minimum of 5 days’ pay ‘+ The scafarer shal have the right to accept or decline an assignment in a Warlike Operations area without rsking losing his/her employment or suffering any other dotrimental effects17.4 Inaddition to areas of warlike operations, the IBF may determine High Risk Areas and Lene, ona ease-by-case bass, the applicable seafarers’ enefits and entitlements as well as employers’ and seafarers’ obligations In the event of any such designations the provisions of Articles 17.1 and 17.2 shall apply. The fll Getals of any Areas so {designated shall be altached tothe CBA and made available on board the vessel 175 Incase a seafarer may become captive or otherwise prevented from sailing as a result of an actof piracy or hijacking, irespective whether stich act takes place within or outside IF designated areas referted to inthis Attice, the seafarr's employment status and entitlements under this Agreement shall continue until the seafarers release and thereafter until the seafarer is safely repatriated to his/her home or place of engagement or until all Company’s contractual liabilities end. These continued entitlements shall, in Particular, include the payment of full wages and other contractual benefits. The ‘Company shall also make every effort provide captured seafarers, with extra protection, food, welfare, medical and other assistance as necessary. Article 18: Crew's Effects 18.1 When any seafarer sufers total or partial fos of or damage to their personal effects whilst serving on board the ship as a result of wreck, loss stranding or abanonment of the vessel, or as a result of fie, Hooding, collision, or an actof piracy or armed robbery ‘against ships / hostage taking excluding any loss or damage caused by the seafarers own, fault or through theft or misappropriation, they shall be entitled to receive from the Company compensation up to a maximum specified in Appendix 3 18.2 The seafocer shall certify that any information provided with regard to lost property is true tothe bestof their knowledge 183. The Company shall ake measures for safeguarding property lft on board by sick, injured or deceased seafarers and for returning it 0 them orto their next of kin, Article 19: Termination of Employment 191 The employment shal be terminated: 4) upon the expiry of the agreed period of sorvice identified in Appendix 1 b) when signing off owing to sickness or injury, after medical examination in accordance ‘with Article 22, bt subject to the provision of Article 2 192. The Company may terminate the employment ofa seafarer: 4) by giving one month’s written notice to the seafarer; b) ifthe seafarer has been found to be in serious defaultof his employment obligations in accordance with Article 21; ©) upon the total loss of the ship, or when the ship has been lad up fora continuous period of atleast one month or upon the sale ofthe ship. 9ws 4 [A seafarer to whom this Agreement applies may terminate employment: 4) for justified reasons, by giving one month’s notice tothe company; 1). when, during the course of a voyage itis confirmesl that the spouse, partner (when nominated by the seafarer as the next of kin), parent or dependent child has fallen dangerously ill or died; if the ship is about to sail into a warlike operations area ora High Risk Are in accordance with Article 17 of this Agreement; ifthe seafarer was employed for a specified voyage on a specified ship, and the voyage is subsequently altoret substantially, ether with regard to duration or trading, pattern; if tho ship is certified substandard in relation tothe applicable provisions the Safety of Life at Sea Convention (SOLAS) 1974, the International Convention on Loadlines (LL) 1966, the Standards of Training Certification and Wat-hkeeping Convention (STCW) 1995, the International Convention for the Prevention of Pollution from Ships 1973, as, modified by the Protocol of 1978 (MARPOL) or substandard in relation to ILO Convention No, 147, 1976, Minimum Stanxlards in Merchant Ships as supplemented by the Protocol of 1996 and remains so for a period of30 consecutive days proviced that adequate living conditions and provisions are provided on board or ashore. In any event, a ship shall be regarded as substandard if tis notin possession of the certificates required under either applicable national hws and regulations or International instruments; d 1) ifthe ship has been arrested and has remained! under arrest for 30 day 2) ifafter any agreed grievance procedure has been iavcked, the Company has not complied with the terms of this Agreement, | seafarer shall be entitled to receive compensation of two months’ basic pay on termination of his/her employment in accordance with 19.2a) and (), 19.46), (2), (0) () and () above and Article 24.1 Itshall not be grounds for termination if, during the period of the agrocment, the Company transfers the seafarer to another vessel belonging or related to the same owner/manager on the same rank and wages anal other terms, ifthe second vessels engaged on the same or simular voyage patterns. Thee shall be no los of easnings or entitlements uring the transfer an! the Company shal ke Hable forall costs and subsistence for and during the transfer. Article 20; Repatriation / Embarkation 204 22 Repatriation shall take place in such a manner thatt takes into account the needs ae reasonable requirements for comfott ofthe seafarer. Daring repatriation for normal reasons, the Company shall be Hable forthe following «costs until the seafarers reach the final agreed repatriatio destination, which ean be 10either a place of original engagement or home: 83) payment of basic wages; 1) the cost of accommodation and food; 9) reasonable personal travel and subsistence costs; 4) transportation of the seafarers personal elfects up 1 the amount agreed withthe Company. 203 _ A seafarer shall be entitled to repatriation atthe Company’s expense on termination of ‘employment as per Article 19 except where such termination arises under Article . 204 The provisions of Articles 20.1, 20.2 and 20.3 shal also apply to seafarers travelling to join the vessel Article 21: Misconduct 21.1. The Company may terminate the employment ofa seafarer following a serious default of the seafarers’ employment obligations which gives rise toa lawful entitlement to dismissal, provided that the Company shall, where possible, prior te dismissal give written notice to the seafarer specifying the serious default which has been the cause of the dismissal 21.2. In the event of the dismissal ofa seafarer in accordance with this clause, the Company shall be entitled to recover from that seafarer’s balance of wages the costs involved with repatriating the safarer together with such costs incurred by the Company asare directly attributable tothe seafarers proven misconduct. Such costs do not, however, include the costs of providing a replacement for the dismissed seafaer 21.3. For the purpose ofthis Agreement, refusal by any seafaretto obey an order to sail the ship shall not amount toa breach of the seafarers’ employment obligations where: 8) the ship is unseaworthy or otherwise substandard asclefined in Article 19.3); D) foray reason it would be wnlaveful for the ship to sil; ©) the seafarer has a genuine grievance against the Company in relation to the implementation of this Agreement and has complied in full with the terms ofthe ‘Company's grievance procedute, oF 1d) the seafarer refuses to sail into a warlike area or a High Risk Area as identified in Article 17 214 The company shall ensure that a fair, effective and expeditious on-board procedure i in place to deal with reports of breaches of employment obligations and with seafarers’ complaints or grievances, Such procedure shal be avalaole and equally apply t all, ‘crewmembers including Masters. It shal allow seafarers to be accompanied or represented during the procedure and provide safeguarcs against victimization for ‘raising complaints that are not manifestly vexatious or malicious, Article 22: Medical Attention a{A seafarer shal be entitled to immestiate medical attention when required and to dental treatment of acute pain and emergencies at the Company” expense. A seafarer who is hospitalised abroad owing to sickness or injury shal be entitled to rmeulical attention (including hospitalisation) atthe Comyany’s expense for as long, as ‘such attention is required or until the seafarer is repatriated, pursuant to Article 20, Whichever i the earlier, A seafarer repatriated unfit asa result of sickness or injury, shall be entitle to medical attention (including hospitalisation) at the Company's expense: 8) in the ease of sickness, for up to 130 days after repatriation, subject to the submission of satisfactory medical reports; inthe case of injury for 50 long, as medical atention is required or until a medical determination is made in accordance with Article 25, concerning permanent disability; ©) im those cases where, following repatriation, seafarershave to meet their own medical care costs, inline with Article 223 (a), they may submit claims for reimbursement within 6 months, unless there are exceptional circumstances, in which case the period may be extended. » Proof of continued entitlement to medical attention shallbe by submission of satisfactory ‘medical reports, endorsed where necessary, by a Company appointed doctor. Ifa doctor appointed by or on behalf ofthe seafarer disagrees with the assessment, third doctor ‘may be nominated jointly between the Company andthe Union, and the decision ofthis doctor shall be inal and binding on both parties. Article 23: Sick Pay Ba m2 a3 Ba ‘When a seafarer is landed at any port because of sickness or injury, a pro rata payment of ther basic wages plus guaranteed or, inthe ease of offices, fixe overtime, shall continue until they have been repatriated at the Company's expense as specified in Article 2, ‘Thereafter the seafarers shall be entitled to sick pay at the rate equivalent to their basic wage while they remain sick up to a maximum of £30 days, The provision of sick pay following, repatriation shall be subject to submission of a valid medical certificate, without undue delay. However, inthe event of incapacity due to an accident the basie wages shall be paid nti the injatetseafaret has been cured or until a medical determination is made in accordance with Article 25.2 concerning permanent disatility Proof of continued entitlement to sick pay shall be by submission of satisfactory me reports, endorsed, where necessary, by a Company appointed doctor. Ifa doctor appointed by or on behalf ofthe seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the Union, and the decision of this «doctor shall be final and binding on both parties 2[Article 24: Maternity 24.1 Inthe event that a crewmember becomes pregnant during the period of employment: 8) the seafarer shall advise the master as soon as the pregnancy i confiemed ') the Company will repatriate the seafater as soon as reasonably possible but in no case later than the 26% week of pregnancy: and where the nature ofthe vessels operations could in the circumstances be hazardous ~ atthe first port of call: 9) the seafarer shall be entitled to receive contractual pay fr the full contrat peri, plus 100 days basic pay; 4d) the seafaer shall be afforded priority in filling a suitacle vacancy in the same oF ‘equivalent position within three years following the birth ofa child should such a vacancy be avaiable, 25.1 A seafarer who suffers permanent disability as a result ofan accident whilst in the ‘employment ofthe Company regardless of fault, including accidents occurring while travelling to or from the ship, and whose ability to work asa seafarer i reduced as a result thereof, bat excluding permanent disability due to wilful acts, shall in addition to sick pay, be entitled to compensation according tothe provisions of this Agreement, “The disability suffered by the seafarer shall be determined by a doctor appointed by the Company. Ifa doctor appointed by or on behalf ofthe seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the ‘Union, and the decision of this doctor shal be final and Binding on both parties. 253 The Company shall provide disability compensation to the seafarer in accordance with Appendix 3, with any differences, including less than 10 % disability, to be pro rata, 254 Aseafarer whove disability, in acordance with 25:2 above is assessed at 50% oF more shall, for the purpose ofthis paragraph, be regartel as permanently unit for further sea service in any capacity and be entitled to 100% compensation. Furthermore, any seafarer assessed at les than 50 % disability but certified as permanently unfit for further sea ‘service in any capacity by the Company-nominated doctor, shal also be entitled to 100 % ‘compensation, Any disagreement as to the assessment or entitlement shal be resolved in accordance with clause 25.2 above. 255 Any payment effected under 25.1 to 25.4 above, shall be without prejudice to any claim for compensation made in law, but shall be deducted from any settlement in respect of such claims, 256 The Company, in discharging its responsibilities to provite for safe and decent working conditions, should have effective arrangements for the payment of compensation for personal injury. When a vale claim arises, payment should be made promptly and in full, Band there should be no pressure by the Company or by tw representative ofthe insurers fora payment less than the contractual amount due under this Agreement. Where the nature of the personal injury makes it lifficut for the Company to make a full payment ‘of the claim, consideration to be given to the payment ofan interim amount 90 a8 to avoid undue hardship, Article 26: Loss of Life ~ Death in Service 264 Ifa seafarer dies through any cause whilst in the employment of the Company including, death from natural causes and death occuring whilst travelling to and feom the vessel, or asa result of marine or other similar peril, but excluding death due to wilful acts, the ‘Company shall pay the sums specified in the attached Appendix 3 to a nominated ‘beneficiary and to each dependent child up toa maximum of 4 (fous) under the age of 18 Ifthe seafarer shal lave no nominated beneficiary, the aforementioned sum shall be paid to the person or body empowered by law or otherwise to administer the estate of the Seafarer. The Company shal also transport at its own expense the body to seafarer’s hhomve where practical and atthe families’ request and pay the cost of burial expenses, Where the death has occurred at sea the repatriation ofthe body shall be carried out at the next scheduled port of call, subject to national legislaion and as quickly as possible. Any payment effected under this Article shall be without prejudice to any claim for compensation made inlaw but shall be offset against any such payments, For the purpose ofthis Article a seafarer shall be regarded as “inthe employment of the company” for 0 long asthe provisions of Articles 22 ane 28 apply and provided the dleath is directly attsibutable to sickness or injury that caused the seafaer’s employment tobe terminated in accordance with Article 19.1, The provisions of Article 256 above shall also apply inthe case of compensation for Loss of Life ~ Death in Service as specified inthis Article Ifa seafarer goes missing at ea, whilst in the employment of the Company, including, missing by accident or a a result of matine or other similar peril, but excluding missing due toan act of suicide, ora disappearance in port, the Company shall pay the same amounts as specified for Los of Lie-Deathin Servic in the attached Appendix 3 to a ‘nominated beneficiary and to each dependent child up tea maximum of 4 (four) under the age of 18. If the seafarer leaves no nominated beneficiary, the aforementioned! sum shall be paid to the person or body empowered by law, er otherwise to administer the estate ofthe seafarer. Article 27: Insurance Cover zm ‘The Company shall concluce appropriate insurance to cover themselves fully against the possible contingencies arising from the Atticles ofthis Agreement. Further, the Company’ Shall ensure that a financial security system be provided on board to protect the crew uagainst abandonment and to guarantee resolution of clains arising from 2014 amenudments to MLC, 2006. The details ofthe applicable financial security system shal be posted in a conspicuous place on board where itis available to the seafarers Article 28: Food, Accommodation, Bedding, Amenities ete 28.1 The Company shall provide, asa minimum, accommodation, recreational facilities and Foxe andl catering services in accordance withthe standards specified in Title 3 tothe ILO Maritime Labour Convention 2006 and shal give due consideration tothe Guidelines in that Convention. 252. Seafarers will have access to free calls on a one-off basis linked to compassionate ‘drcumstances as per Atticle 19.3 emergencies, 283 Where equipment and cost allow, during off duty hours seafarers shall have the possibility to access internet for the purpose of communicating with home, social networking and other needs, Article 29: Personal Protective Equipment 29.1 The Company shall provide the necessary personal protective equipment in accordance with ISM/IMO regulations, or any applicable national regulations that specify any additional equipment, forthe use of each seafarer while serving on board 292. The Company will supply the crew with appropriate personal protective equipment for the nature of the jb. 293 Seafarers should be advised of the dangerous nature and possible hazards of any work to be carried out and instructed of any necessary precautions to be taken as well as of the use ofthe protective equipment. 294 Ifthe necessary safety equipment isnot available to operate in compliance with any of the above regulations seafarers should not be permittel or zquested to perform the work. 295. Seafarors shall use and take care of personal protective equipment at their disposal and ot misuse any means provided for their own protection or the protection of others, Personal protective equipment remains the property ofthe Company. Article 30: Shipboard Safety Committee 30.1 The Company shall facilitate the establishment of an on-board Safety and Health ‘Committee, in accordance with the provisions containesdin the ILO Code of Practice on Accident Prevention on Board Ship at Sea and in Port, an as part oftheir safety- management system as per the requirements of the ISM Code. 6302. The Company shall providea link between the Company and! those on board through the designation of a person or persons ashore having direct zocess to the highest level of management as por the requirements of the IM Code. ‘The Company shall also slesignate an on-board competent safety Officer who shall implement the Company's safety anil health policy an program and carry out the instructions of the Master to: 8) improve the crew's safety awareness; ») investigate any safety complaints brought to her/hisattention and report the same to the Safety andl Health Committee and the individual, where necessary ©) investigate accidents and make the appropriate recommendations to prevent the recurrence of such accidents; and 1) carry out safety and health inspections 303 The Company acknowledges the right of the crew to elec safety representative tothe on-board Safety and Health Committee. Such a representative shal be entitled to the same protections asthe liaison representative as provided for in 31.3 below. Article 31: Membership Fees, Welfare Fund and Representation of Seafarers LA Subject to-national legislation, inorder to be covered by this Agreement all seafarers shall ‘be members of an appropriate national trade union affiliated to the ITF 312 The Company shall arrange collection of payment in respect of each seafarer the membership fees in accorcance withthe terms of the Union Constitution (2% deducted from the seafarers’ “Total Cash”) as indicated in Appendix 2/2. For seafarers who are not in permanent membership ofthe Union the abowe deducion shall be considered the egotiation/ tariff fe due to the CEA covering the whole crew. 313. The Company shall pay contributions to the ITF Seafarers’ International Assistance, Welfare and Protection Fund in accordance with the terns ofthe Special Agreement. 314 The Company shall pay union activities donations tothe Union in accordance with the terms of the IBF Special Agreement. ‘The Company acknowledges the right of seafarers to participate in union activities and to be protected against acts of ant-union discrimination as per ILO Conventions Nos. 87 and 98 31.6 The Company acknowledges the right ofthe seafarers toclecta liaison representative from among the crew who shall not be dismissed nor be subject to any disciplinary proceedings asa result ofthe seafarers duties a a liaison representative unless the Union 16has buen given adequate notice of the dismissal and the cgreed Grievance procesure has been observed. Article 32: Equality mI Each seafarer shall be entitled to work, train and live in an environment free from hharassment and ballying whether sexually, racially or otherwise motivated. The Company will regard breaches ofthis undertaking as a serious act of misconduct on the part of seafarers. ‘Article 33; Waivers and Assignments 2 The Company undertakes not to demand! or request any veafarer to enter into any document whereby, by way of waiver or assignment or ctherwise, the seafarer agrees or promises to accept variations to the terms of this Agreement o return to the Company, ther servants of agents any wages (including backwages) or other emeluments due oto become due to the seafarer under this Agreement and the Company agrees that any such document already in existence shall be null and void and of no legal effect. ticle 34; Seafarers’ Employment Promotion Fund , Funding Elements aia The following non-cash benefits have been agreed forthe incorporation in the wage scale: ‘The cost of providing internet forthe seafarers is recognized in the wages scale (Appendix 2, part B) under “Internet” ‘The cost of professional traning and upgrade traning provided by the Company inline with STCW 95 roquirements is recognized in the wages scale (Appendix 2, part B) under “Training” ‘The Company's costs of providing upgrade training on board is recognized in the wages scale (Appendix 2, PartB) under “IMO Training On board”. The Cost of providing medical examination and certification inline with Article 2 is, recognized in the wages scale (Appendix 2, part B) under “Medical Examination”. The Company shall pay USD1O per postion per month to the Seafarers Employment Promotion Fund in onder to contibute to its objectives a set by the IBF, to the account indicated by the IBF. (Under "SEPF", Part A wages scald) Welfare provided by the Union recognized in the wages scale (Appendix 2, part A) under Social and Solidarity Fund "SSE" and amounts to USD 5 per positon per monthArticle 35: Validity 35.1 The present Agreement commenced on the Ist of January 2022 with the validity period of twvo years and a possibility of amendment by an agreement between the partes, or a termination by a written notice by any party three months prior tothe O1 January 2023, ‘The Wages scales (Appendix 2) and compensations (Appendix) are to be duly re- negotiate and mutually agreed between the Parties. ec Lbairaa ta pa Be] Siereadon ees Uy (On behalf ofthe Tsakos Columbia Shipmanagement ("TCM") SA. L.Giannakopoulos “TCM” Managing Director or 18Appendix 1 ‘Contract duration, Working Hours, Holidays ‘Duration of Employment “The normal period of engagement referred to in Article 5 shall be six (6) months, which may be extended to 8 months or reduced to four (8) months for operational convenience. Ifthe seafarer and the company mutually agree the maximum period of ‘employment may be extended to 10 ten) months. Thoreafter, the seafarer's engagement shall be automatically terminated in accordance with Article 19 ofthis Agreement. This pperiod of engagement may be reduced following local negotiations between the ‘company in membership of the ING and an ITF Affiliate, However, should the voyage duration be subject to such reduction any costs should be included within the overall cost of the settlement, Normal Working Hours Following accepted working practice in the country to which a local agreement applies: ‘normal working hosts shall not exceed eight hoxirs pr day Monalay to Ficlay inclusive: Holidays ‘The days regarded as holidays in accordance with Art Sshall be subject to national negotiations and to a minimum of nine 9) days. For the purpose of this CBA the following days shall be observed as holidays: 31 December - 2 January ~ New Year ‘January ~ Christmas 23 February ~ Motherland Guards’ Day 8 March - Women’s Day ‘May Labour Day 9 May - Victory Day. 12 June~ Russia's Day 4 November - National Unity DayAppendix 2 Wages, overtime, leave entitlements Wages tobe developed in accordance with the Total Crew Cost Methodology agreed by the IBF Ratings ‘Overtime Rate In the case of ratings the hourly overtime rate shall be 1.25 the basic hourly rate calculated by referenceto the basic wage forthe rating concemed shown in this APPENDIX and the normal weekly working hours as shown in Appendix Guaranteed Overtime Guaranteed overtime payments shall be not less than 103 hours per month for ratings with a 40-hour normal working week. Officers Agreements, which provide for hourly overtime payments for officers should ‘observe the principles set oat above concerning overtime payments for ratings Agreements, which provide for consolidated wage rates for officer, including compensation for work performed outside the normal working week, should contain provisions dealing with ‘The maintenance of records ofthe officers! rest periods; The rate at which wage-telated allowances not shown on the wage schedule e.g, sick pay, are calculated. Agreements already in force provieing for consolsated wage rates shall remain infect as provided for above. Leave Leave pay for officers and ratings in accordance with Arte 12 shal be not less than eight (8) days for each completed month of service and pro rata for a shorter period.Appendix 3 ‘Compensation Payments Crew's Effects “Maximum compensation for loss of effects as provided for ir Article 18 ofthis ‘Agreement shall be USS 3,300, which includes cash up to USS 230 Medical, Dental or Socal - Seafarers Family “There may be additional contributions by the company to meet medical, dental or social needs of seafarers and their families including crew commurications, subject to local negotiations between the relevant JNG members and ITF affiliates, isability In the event a seafarer suffers permanent disability in accordance with the provisions of Article 25 of this Agreement, the scale of compensation prov-ded for under Article 25. shall, unless more favorable benefits are negotiated, be: 20m Degree of Disability Rate of Compensation Percentage Ratings | Junior Officers | Senior Officers) | 100. [tos 44.015 180,018 B “81,008 108012 135,013 oo Lav? 86409 108,012 30 54,006 72.008 50,010 I 0, 8.204 37.607 72,008 30 32408 B20 54.006, 20 [21.603 | a0. 36,006, 10 10802 14402 18,002, aDegree of Disability Rate of Compensation Percentage (%)__| Ratings | Junior Officers | Senior Officers 100 108.2 6175 | a7 | 75 82.225 108.632 137,038 @ 65.79 87.705 109.632 50 S416 73,088 91,360 40 Bas? Saari ss 30. [32.590 Baz S416 20 [2827 29.25 3656 10 [103968 14.618 18272 Note: "Senior Officers” for the purpose of this clause means Master, Chief Oicer, Chief Engineer andl 2"! Engineer, Loss of Life = Death in Service Death in service benefits as provided in Article 26 ofthis Agreement shall, unless more favourable benefits are negotiated, be: ‘To the nominated beneficiary 2022 USS 108,012 2023 - US$ 109,632 ‘To each dependent child (maximum 4 under the age of 18) 2022- US$ 21,603 2028 - USS 21,927 2Annex A List of the vessels (No &Ship Name | IMO number ‘Company name eee 7 [AEGEAS wise _ | VCTORY SPRITSA Tanter 7 2 | AFRODITE 5250820 | SOUTHPORT MARINE SA [creer 7 Sle carssig | SROATOR SHPPNGSERVCES | Tare) | ALABRR SGORE07 | PARTANERS HAS rane [5 amparere 514682 | APOLLO HONOUR SA | Tanker (77) 6 [anoes szeste6 | ERGO GLORY SA [Canter (7 7 [ANTARCTIC 8915185 _ | PARTANKERS XVIAS [Tanta (i77 | APOLLON 280832 _| SEA PIONEER SA Tanker 7) | ARCHANGEL 502502 | PARTANKERS xv as Taner (t7| 10 [ARCTIC 8915173 _ | PARTANKERS XVI AS [Tanker 7 11 | ARADNE 252967 _| SOUTHPORT NARITINE SA [Tranter ti7 [12 | ARION sp14804 | FORTUNE FAITH S.A rane | 1 | ARIS sze9s20 | SEA CELEBRITY SA [Tanker 7 14 [ARTEMIS S291640 | SHPPING CELEBRITY SA [Tanker 7 15 /sALTIC | fassasa[MAVEAIR SHIPPING CO [Tanker (77)_| 16 | BASUIST S250805 | CAUPOLA SHIPPING Lt [Tan (77 [- 17 [BERENME | 9250234 | AVANT! SHIPPING CO. [Tanke 7 18 | BERGEN TS s797400__|ETESAN SHPTRADE SA Tanker 7 18 | BOSPOROS Sp15603 | BOSPOROS MARINE COMPANY LTO_|_TorROr(T7) 0-| BYRON VERNON NARINE LTD Tanker 21 | BYZANTION T BBYZANTION MARINE COMPANYLTO_|_Tarer(T7 22_|GAPTTHANASIS | 9288816 | STOXOS MARITIME S Tank (17) 73.| CHANTAL | 9oease2 | WAYNARO SHIPPING CORP. Tanker) 24 | DECATHLON | 0462626 | DELMER MARINE CORP. Tanker (7 [25 | OELPHL 1283798 _ | AVERTO MARINE CORP Tanker 7) 25.| ODINON 1288772 | WORLD EXCELLENCE 5A Tanke (i) 27 | OWMTRISP 9555960.__| MEDVIAY SEA SA Tanke (ih 28 | EURO {9857702 | JEUKA SHIPPING IN. Taner 7) fee 9299666 | PARTANCERS i AIAPOLLCGLORT 5A Tenker(T7) Tar ees [aewere | RES RSMPONTERCELENCE Taner 77 | ct "31 EUROVISION | 9567697 | PRESCOTT MARITIME UNITED | Tarker(T7) | BH 32 | HERCULES! | o720"24 | OCTAVIANAVIGATIONINC. enka (7) MH 33 INCA [9256000 | FREEPORT FAITH SA Taner (7| Mc [4 [IGE PANGESS | 6411105 | FAIRSEA ENTERPRISES SA Tartor G7 Lar 35 | soon | oresiso | WATERCRAFT UMITEC “enka (7)| ML 2B[36 [MARATHON TS ‘OTSA | BARSLEY MARITIMES Tanker (7) [MCT 37 | MARIA ENERGY |” 9650725 | CANYON TRADING CORPORATION | _UNG (17) | _L8R [a WARIA PRINCESS | —sae0881 | SEA COUNTESS SA Taner (17) | tor 138 | NEO ENERGY (9824277 _| SEAOPTIMAS.A LNG (17) | MHL 40 NPPON PRINCESS | —spe0873 | GLOBAL TRIUMPH SA Taser 7 | a1 [08.078 737983 | GlERZO WARNE LTD Tanker 77] MT “2 | PARTHENON TS | e724 | SOFT SHPHANAGENIENT Tanke 7) MT [65 |PENTATHLON {45405 |LARINA NAVIGATION CO. Tanker 7) | WL {4 | SAKURA PRINGESS | ~S050511_| UNVERSAL RESERVES A Taxke77-| 18 45 | SALAMINA $9628 —| sarina Marine Compan id Tanker 7)| —1eR 6 SPOR 409100 | PROSPERITY FATHSA Tonto tae a7 | SELECAO "9088207 _| BAYSWATER TRADING CO. Tanker) | uBR 4a | sEUNt 7856 | sein Marine Company Taker 67| 18 19 | SOCRATES "9390682 | KERRY TRADING CO. LTD Tanker (7) —tBR 50 SoLATs e72easd_ [TWIT NAVIGATION ID Tank i7)-| wT 51 | sevros K | 48 —[ MARINE VELVET SA Tartor 7] ca ‘52 | STAVANGER TS 9737308_| DAUCINANAVIGATIONS A. Tanker (77) or ‘a [Suna t7etoss | HARA SHIPTRADE Co. Teer 77 | 10m | SUNRISE ~s761088 | TAURIS SHIPPING INC Tanke (17) | Le 5 | Uses 2723112 | eauioona suprmne sx Ten 77 | ‘6 | WORLO HARMONY | 9982570 Tanker(¥7) | upR aAppendix Non-Seafarers Work (Article 4) - Implementation ‘The parties fully subscribe to the intent and the principles of Article ofthis CBA, However, they also acknowledge that, depending on the locition ofthe port and the type ofthe vessel, a full implementation of the provisions contained, specifically in the textof Articles 41 and 4.2 may imply prior contact between the Company and various third parties, such as Charterer “Therefore, where such communication between the Company and respective third partiosis necessary, the parties agree that the full implementation of the provisions of Articles 4.1 and 4.2 shall be deferred fora transitional period to be identified in each specific case between the parties of the CBA, ‘Such deferment shall not be longer than 1* January 2020 for container vessels operating in the following areas; Baltic Sea, Canada, North Europe and West Europe excluding “Mediterranean Sea (European sub-regions as defined by the European Union). Any disputes shall be subject to the IBF Disputes Procedure, Daring any deferment of Articles 4.1 and 4.2 as identified above the following, provisions shall apply 41 Neither ship's crews nor anyone else on boord rletier in persanent or temporary employment by te Company shall erry out cargo handling and other work traditionally or Iistoricaly done by dock avrkers without the prior agrement ofthe ITE Dockers Union or ITE Unions concerned md provided that the siidual sears volunteer fo carry ot sch duties, for which they should be adequately compensated. For he purpose ofthis clause “cargo ualing” may include but i not linited to loading, unloading, sowing, unstowing. pouring, trimming, classifying, sizing, stacking, unsacking a: well as composing and ‘ecomposing wnt loads; and alo, services in relation with cargo or gods, suck as tallying, wvighing, mensuring,cubing, checking, reeving, guarding, delivering, sampling and sealing, lashing and wndashing, 42 Where a vessel isin a port where a official tae dispute imvoing en ITF-afated dock workers’ union staking pace, miter ship's crew nar anyoueelse ox board wheter in ‘permanent or temporary employment by the Company shal urdertake cargo handling and ‘other work, traditionally and historically done by mennbers oft union which would act the resolution of sucha dispute. The Conypany wll no take any punitive miasures aginst ny seafarer who respets suck dock workers’ ade dispute an any such lac act by he Seafarers not be tented as any bench ofthe Seafarers contact of employment, provide ‘Ha this act lf within the cory i taker. The provisions of Article 4.3 shall apply with immediate effect as written inthis CBA, 3Oa sa Supuny fuedwoo=gueg —_—_—Bupuny payonboy Lown pus saben yen = ved roe nb pron sak ie zmpeddy \ywed uo oseaisu e161 as ut— [sere arse SSDS oe oe apart ae ae oer eee wea we ae wee oss hoz a lov roves hoz 1 lor tae — ao : nl RP Cc c esa inatebey aim agilnyacebel oon rman eee vem Sees ‘mpuedey ued uo oseasour gn Kei uy spun. hu 0. =a= a om Fe EST ig eceaz ‘Bune fever 6 Wien fesri fe p09 Fe 2 zs fer be feet . frevh fest a ss = ia or resi br ser 7 02 7 a lor sr br [east a 7a Tk — pr er pr [eve br br force. br a 70 br for. rs Bia pr Le “Reape fr = ra Ee oie poe) fr 710 WOE br aT Bes) jo |; eee sen TH oe OURO] ISS] IS] OT a upung hueduoo = 8 vee fsypung pasanbey uoun pve setem yseo = V Leg (9295 SoBenh Famed NOL, £202 zmpueddy ued vo seem. aSn KS
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