THIS AGREEMENT SETS OUT THE TERMS AND
CONDITIONS OF EMPLOYMENT OF SEAFARERS
SERVING ONBOARD VESSELS OWNED, OPERATED OR
MANAGED BY SEABOURN CRUISE LINE LIMITED
BETWEEN
SEABOURN CRUISE LINE LIMITED
AND
NORWEGIAN SEAFARERS’ UNION
ON BEHALF OF ITSELF
AND
NORWEGIAN MARITIME OFFICERS ASSOCIATION,
NORWEGIAN UNION OF MARINE ENGINEERS
&
ASSOCIATED MARINE OFFICERS AND SEAMANS
UNION OF THE PHILIPPINES
Effective as of January 1, 2015
Contents:
ARTICLE 1.
APPLICATION
1
ARTICLE 2.
EMPLOYMENT COMMENCEMENT EXPENSES
3
ARTICLE 3.
PROBATIONARY PERIOD
5
ARTICLE 4.
TERMINATION OF EMPLOYMENT
5
ARTICLE 5.
DISMISSAL FOR CAUSE
7
ARTICLE 6.
WAGES, PUBLIC HOLIDAYS, AND FORMS OF PAYMENT
8
ARTICLE 7.
GROUPS OF SEAFARERS
10
ARTICLE 8.
WORKING HOURS
16
ARTICLE 9.
REST PERIODS
16
ARTICLE 10.
TOURS OF DUTY
16
ARTICLE 11.
PAID LEAVE
20
ARTICLE 12.
COMPASSIONATE LEAVE
22
ARTICLE 13.
REPATRIATION
22
ARTICLE 14.
MANNING
23
ARTICLE 15.
TRAINING
24
ARTICLE 16.
CERTIFICATES OF COMPETENCY / SMS COMPLIANCE
24
ARTICLE 17.
MEDICAL ATTENTION, SICK PAY, AND MAINTENANCE
25
ARTICLE 18.
MATERNITY
26
ARTICLE 19.
LOSS OF LIFE INSERVICE
27
ARTICLE 20.
DISABILITY
28
ARTICLE 21.
FOOD, ACCOMMODATIONS, UNIFORMS, AND SAFETY EQUIPMENT
29
ARTICLE 22.
LOSS OF PERSONAL EFFECTS
30
ARTICLE 23.
PENSION AND SOCIAL SECURITY
30
ARTICLE 24.
SPOUSES AND PARTNERS
31
ARTICLE 25.
THIRD PARTY EMPLOYMENT
31
ARTICLE 26.
SERVICE IN WARLIKE OPERATIONS AND HIGH RISK AREAS
32
ARTICLE 27.
SHIPBOARD SAFETY COMMITTEE AND SAFETY REPRESENTATIVE
32
ARTICLE 28.
USE OF ELECTRONIC MAIL AND INTERNET
33
ARTICLE 29.
UNION FEES, WELFARE FUND, AND REPRESENTATION OF SEAFARERS
35
ARTICLE 30.
CARGO HANDLING
36
ARTICLE 31.
WAIVER AND ASSIGNMENTS
36
ARTICLE 32.
DISPUTE RESOLUTION PROCEDURE
37
ARTICLE 33.
ARBITRATION PROCEDURE
40
ARTICLE 34.
JURISDICTION / GOVERNING LAW
41
ARTICLE 35.
SEPARABILITY
42
ARTICLE 36.
AMENDMENTS TO AND DURATION OF AGREEMENT
42
ANNEX A:
EMPLOYMENT CONTRACT
43
ANNEX B:
WAGE SCALES
45
ANNEX C:
MODEL RECEIPT AND RELEASE FORM FOR CONTRACTUAL CLAIMS
46
ANNEX D:
UNIFORMS
47
ANNEX E:
DRUG AND ALCOHOL POLICY
55
ANNEX F:
AMOSUP PROTOCOL
56
USEFUL ADDRESSES
66
ARTICLE 1 - APPLICATION
A.
This Collective Bargaining Agreement (“the Agreement”) between
Seabourn Cruise Line Limited (“the Owner/Company”) and the
Norwegian Seafarers’ Union (“the Unions”) governs terms & conditions
of employment applicable to all Marine Officers, Deck and Engine
Ratings, Riding Crew and Hotel Personnel (“the Seafarer(s)”), serving
aboard ships, Seabourn Spirit, Seabourn Legend, Seabourn Odyssey,
Seabourn Sojourn, Seabourn Questand such other vessels as the
Owners/Company or its affiliates may from time to time operate under
the brand name Seabourn during the term of this Agreement (the
“Vessels”).
The
Owners/Company(as
further
defined
in
Section
C.2.
herein)recognize that the Union,acting on behalf of itself and the
Norwegian Maritime Officer’s Association, the Norwegian Union of
Marine Engineers and the Associated Marine Officers’ and Seamen’s
Union of the Philippines,is the body to negotiate and consult with on all
terms and conditions of employment of Seafarers covered by this
Agreement.
This Agreement is applicable and in full force and effect whether or not
the Owners/Company has entered into individual contracts of
employment with any Seafarer.
Where the context so requires, words importing their singular number
only shall include the plural number and vice versa. In addition, words
importing the masculine gender shall include the feminine gender.
B.
Discrimination and harassment on the basis of nationality, gender,
creed, race,color, national or social origin, political opinion, or sexual
orientation are prohibited.
The Owners/Company further warrants that it will comply with all
mandatory maritime and other laws and regulations governing the
terms of this Agreement and the employment of its Seafarers,
including, to the extent applicable and mandatory:
The Forced Labour Convention, 1930 (No.29)
The Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87)
The Right to Organize and Collective Bargaining Convention, 1949
(No.98)
The Equal Remuneration Convention, 1951 (No. 100)
The Abolition of Forced Labour Convention, 1957 (No. 105)
The Discrimination (Employment and Occupation) Convention, 1958
(No. 111)
The Minimum Age Convention, 1973 (No. 138
The Worst Forms of Child Labour Convention, 1999 (No. 182)
The Maritime Labour Convention, 2006 (“MLC”)
The International Transport Workers’ Federation’s (“ITF”) Special
Agreement requires the Owners/Company to employ the Seafarers on
1
C.
the terms and conditions of this Agreement and to enter into individual
contracts of employment.
The parties agree that pursuant to the Maritime Labour Convention of
2006 (“MLC”) theterms below shall be defined as follows:
1. The term Seafarer is defined to include any person who is
employed or engaged or works in any capacity on board a ship.
However, the terms and conditions of this Agreement shall only
apply to the Seafarers defined and referenced in Article 1(A), as
listed in the Wage Scales.
2. The term Owners/Company means the owner of the ship or another
organization or person, such as the manager, agent or bareboat
charterer, who has assumed the responsibility for the operation of
the ship from the owner, and who, on assuming such responsibility,
has agreed to take over the duties and responsibilities imposed on
ship owners in accordance with the MLC, regardless of whether any
other organization or persons fulfill certain of the duties or
responsibilities on behalf of the ship owner. The Owners/Company
for purposes of this Agreement is identified in Article 1(A).
3. The term Manning Agent and Hiring Partner refer to a Seafarer’s
recruitment and placement service, i.e. any person, company
institution, agency or other organization, in the public or private
sector, thatis engaged in recruiting Seafarers on behalf of ship
owners or placing Seafarers with ship owners.
D.
From time to time, on an infrequent basis and in any event for periods
not in excess of three (3) years, Owners/Company may assign officers
from Seabourn Cruise Line Limited (SCL) to Holland America Line
(HAL), Princess Cruise Lines, Ltd. (PCL) and/or Carnival plc trading as
P&O cruises Australia (P&O Australia) vessels. Unless the Seafarer
otherwise requests prior to his or her assignment to such Vessel, such
Seafarer shall not be subject to this Agreement but shall instead be
subject to whatever terms and conditions are applicable to the
particularVessel.
Otherwise, the standard terms and conditions
applicable to all Seafarers employed on the Vessels are provided for in
this Agreement. This Agreement is applicable and of full force and
effect whether or not the Owners/Company has entered into individual
contracts of employment with any Seafarer.
E.
This Agreement supersedes and cancels all previous agreements and
will remain in force for an indefinite period unless varied or terminated
in accordance with this Agreement.
F.
Where appropriate, the Owners/Company recognizes the desirability of
prior consultation with the Union on all terms and conditions of
employment covered by this Agreement.
As and when the Union confirms that an amendment to the terms and
conditions is agreed upon, the Owners/Company is entitled to proceed
upon the basis that the Union has consulted with Seafarers as
necessary. Therefore, on confirmation of the agreement by the Union,
2
each Seafarer will be bound by the accepted amendment commencing
with his or her next sailing assignment following receipt of the Union
confirmation.
In the event any disputes arise that cannot be immediately resolved,
then whatever agreement or practice existed prior to the dispute shall
continue to operate, pending a settlement or until the agreed
procedure has been exhausted.
G.
In order to maintain the spirit of cooperation and ensure continued
business operations, the Owners/Company and the Union agree that
during the term of this Agreement, there shall be no strikes or similar
actions.
H.
The Owners/Company is obligated to enter into individual employment
agreements or letters of agreement (“Employment Agreements”) with
each Seafarer which incorporate or refer to the terms and conditions
of this Agreement. Such individual Employment Agreement shall be
effective for the mutually agreed, stated term of the current
assignment or until a promotion or function change takes place by
mutual agreement and which shall incorporate and be governed by the
terms and conditions of this Agreement. Seafarers shall be provided
with an exemplar copy of their individual Employment Agreement and
this Collective Agreement prior to their embarkation date with
reasonable time to review and seek advice on the terms and
conditions and freely accept the same before signing. An electronic
copy of the exemplar Employment Agreement and Collective
Agreement shall be acceptable.
If a Seafarer cannot access an
electronic copy, a paper file will be sent to the Seafarer with the
assistance of the Manning Agent or Hiring Partner when needed.
ARTICLE 2 - EMPLOYMENT COMMENCEMENT
EXPENSES
A.
Statutory Medical Certificate:
Initial and continued employment with the Owners/Company is subject
to and conditioned upon the Seafarer attaining a Pre-Employment
medical certificate issued by a duly qualified medical practitioner with
full professional independence.
In conducting any medical
examinations required for such initial or renewal statutory medical
certificates, the medical practitioner shall be required to follow
guidelines at least as strict as the ILO/WHO Guidelines for Conducting
Pre-sea and Periodic Medical Fitness Examinations.
The Seafarer will pay for all costs of obtaining such statutory medical
certificates, including the above-referenced medical examinations.
B.
Pre-employment Medical Examinations (PEME):
The Seafarer’s employment is also subject to and conditioned upon the
Seafarer undertaking and passinga Company medical examination on
3
a bi-annual basis or such other frequency as the Owners/Company
shall specify. Employment will also be subject to the appropriate
standard of medical fitness being attained to satisfy all
Owners/Company, STCW and ISM requirements.
The Owners/Company retains the right to reject a Seafarer candidate
when he or she is classified unfit for employment by the
Owners/Company’s medical examiner, but Seafarers that have been
refused or limited shall be given an opportunity to have further
examination by an independent medical practitioner at Seafarer’s
expense.
The Owners/Company may designate certain medical facilities for such
examinations to take place and the Seafarer must have the examining
physician complete the forms mandated by the Owners/Company or
the exam results may not be accepted.
The Owners/Company will pay for medical examinations conducted at
such medical facilities.
Medical examinations conducted by nonCompany-designated medical facilities will be paid for solely by the
Seafarer and exam results from such facilities may not be accepted by
the Owners/Company.
C.
Travel and Visas:
Except as otherwise provided herein, Seafarers travelling to the
Vessel or otherwise on Owners/Company business will be provided
with tickets to cover the arrangements and cost of transportation
between the nearest major international airport (to the Seafarer’s
residence) and the Vessel. Reasonable expenses will be met for
accommodation, meals, bus fares, and similar expensesbased on the
production of a properly completed Owners/Company Expense Form,
along with any accompanying receipts.
A Seafarer is solely
responsible for any other travel costs between their residence and the
nearest major international airport.
1.
Economy class air travel will be provided for all Seafarers with a
total baggage allowance of 30 kilos over and above the free
hand baggage permitted by the airline company. On railroads
within the EU, North America and Australia, Seafarers will travel
2nd Class. Elsewhere, by rail they will travel 1st Class.
2.
Unless otherwise specified by the Owners/Company, all travel
arrangements shall be made by the Owners/Company.
3.
Seafarers must be in possession of a valid passport, all
necessary and valid Visas, health certificates and any other
travel documents at all times and it is their responsibility to
ensure all documents are valid before they expect to travel.
The Owners/Company will pay or reimburse for all required
visas and renewal of visas, which includes all fees charged by
relevant governmental agencies for visa appointments and
issuing the required visas. The Owners/Company will not be
4
responsible for related costs, such as travel to/from the
government offices, or any other costs and fees not specifically
identified herein or otherwise mandated by law.
ARTICLE 3 - PROBATIONARY PERIOD
The Seafarer shall sign an Employment Contract in substantially the form of
Annex A hereto. The Seafarer shall be subject to the probationary period of
ninety (90) days or equal to the firstsailing assignment,whichever is shorter.
After such period, the Seafarer will be assessed for suitability for continued
employment.
ARTICLE 4 - TERMINATION OF EMPLOYMENT
The Owners/Company shall employ the Seafarer under the terms of this
Agreement for a mutually agreed period.
The Employment Contract may be terminated without penalty prior to its
expiration date in the following circumstances:
1.
The Seafarer may terminate his/her employment while engaged on the
Vessel:
a. If the Vessel is certified substandard by the Vessel’s flag state or a
port state with jurisdictional authority in relation to the applicable
provisions of the Safety of Life at Sea Convention (SOLAS) 1974,
the International Convention on Loadlines (LL) 1966, the Standards
of Training Certification and Watchkeeping Convention (STCW)
1978 as amended in 1995 and later, 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 Standards in Merchant Ships,
as supplemented by the Protocol of 1996, and remains so for a
period of thirty (30) consecutive days provided that adequate living
conditions and provisions are provided onboard or ashore, and
b. If the Vessel is due to sail into a warlike operations area as agreed
by the parties pursuant to Article 26.
2.
Either the Seafarer or the Owners/Company may terminate the
Employment Contract by mutual notice:
a. During the probationary period, on fourteen (14) days’ notice in
writing;
b. After the probationary period:
(i)
For Seafarers subject to a Fixed Term Employment Contract:
5
a. If the Seafarer is within his or her Service Period, by
notifying the other in writing before he or she completes
the sailing assignment.
c. If the Seafarer is between sailing assignments and has
received a written notice of rehire, by notifying the other in
writing at least thirty (30) days prior to the date on which
the next sailing assignment is scheduled to commence.
Owners/Company’s transfer of the Seafarer to another
Vessel or change of the Seafarer’s assignment date shall
not be considered a termination under this Article.
(ii)
For Seafarers in Groups N1, M1, and M2, on an Annualized
Employment Contract:
a. The required minimum termination notice period is thirty
(30) days, except that for the Master and the Chief
Engineer, such notice must be no less than ninety (90)
days. The notice may be served on board or ashore and
must be in writing. Leave Days earned prior to the delivery
of the notice shall not be included in the term of notice.
Leave Days earned after the delivery of the notice is included
in the term of notice. For the avoidance of doubt, if notice is
given to the Seafarer when on Leave, in addition to the
Seafarer’s accrued Leave Pay, the Seafarer shall be paid an
amount in compliance with the notice periods identified above.
3.
The Owners/Company may terminate the Seafarer’s employment
without notice, as follows:
a. upon the total loss of the Vessel, or
b. when the Vessel has been laid up for a continuous period of at least
one (1) month, or
c. upon the sale of the Vessel, or
d. upon the bareboat chartering of the Vessel for a period in excess of
one (1) year; or
e. At any time in its sole discretion; and
f. With respect to the events stated above in 3.(a) thru (e),
Owners/Company shall pay the following severance:
(i)
For Seafarers on Fixed Term Contracts and those in A1 who
have opted for an Annualized Employment Contract, the
severance shall be equal to two (2) months of their Basic
Wages, and the costs of repatriation.
(ii)
For Seafarers in Groups N1, M1 and M2, the severance shall be
one (1) month of his or her Total Consolidated Wages and the
costs of repatriation. .
6
However, for the Master and Chief Engineer, the severance shall
be three (3) months of his or her Total Consolidated Wages and
the costs of repatriation.
ARTICLE 5 - DISMISSAL FOR CAUSE
1.
Subject to the hearing provided for hereunder and the Seafarer’s right
to the disputeresolution procedure describedin Article 32, the
Owners/Company may, but shall not be obligated to, dismiss the
Seafarer at any time for the following instances of serious misconduct:
a.
Any act or omission that adversely impacts the safety, security or
health of any other person on the Vessel, including but not limited
to refusing to participate in onboard drills and training to ensure
safety of the Vessel, cargo and persons onboard,
b.
Any act or omission that would constitute a criminal offence under
the laws of any country having jurisdiction over the Seafarer, the
Owners/Company or the Vessel,
c.
Any act or omission that results in personal injury, death or
property damage,
d.
Acts of dishonesty, bullying, harassment (including but not limited
to sexual harassment), discrimination, serious violations of Article
28, or any acts ofinsobriety, illegal drug abuse or any criminal
act, or
e.
Failure to re-validate their Certificate of Competency under the
STCW 95 Convention, as amended, or any other statutory
validations/certifications for which the Seafarer is responsible
pursuant to applicable law.
2.
If the Seafarer is alleged to have engaged in serious misconduct as
provided in the prior Paragraph as to which the Owners/Company is
considering dismissal, the Master shall determine whether or not to
dismiss, except that if the Seafarer is not then onboard the Vessel or if
the Seafarer alleged to have engaged in the serious misconduct is the
Master, the decision shall be made by a duly authorized corporate
officer of the Owners/Company.
3.
The Master (or corporate officer) shall hold a hearing prior to making
such determination pursuant to the following process:
a.
In advance of the hearing, the Seafarer shall be advised in writing
as to the alleged misconduct.
b.
At the hearing, the Seafarer shall be given an opportunity to be
represented or advised by another Seafarer of his or her choice
on board the ship concerned, to say whether the misconduct is
admitted or otherwise, to call any witnesses and to question them
7
on their evidence and to make any statement in answer to the
alleged breach including any comments on the evidence
produced.
c.
The decision of the Master (or corporate officer) shall be issued in
writing and is subject to being appealed through the dispute
resolution procedure provided herein.
d.
The pendency of an appeal shall not suspend the determination
by the Master (or corporate officer) or entitle the Seafarer to
remain on the Vessel while the appeal is being considered.
4.
Except as above provided, the Owners/Company shall not dismiss the
Seafarer based on his or her performance or conduct but shall instead,
through an appropriate verbal counseling or written warnings, notify
the Seafarer of the performance or conduct issues so that he or she
can take necessary remedial measures.
Failure to improve
performance to expectation or repetition of minor policy violations
despite attempts at correction may escalate to dismissal. All warnings
shall expire within twelve (12) months of their issuance, except
warnings addressed in Article 5.1.
5.
All warnings and decisions on dismissal shall be made as soon as
possible and, at the latest, within fourteen (14) days after the
circumstances of the case became known to or should have been
known by the Master or corporate officer.
6.
If the requirements of Articles 4 and 5 are not followed, then the
Seafarer shall be entitled to the payment of severance equal to two
(2) months of their Basic Wage and the costs of repatriation.
ARTICLE 6 - WAGES, PUBLIC HOLIDAYS, AND FORMS
OF PAYMENT
A.
Wages and Definitions:
All Seafarers shall be paid for their work in full in accordance with their
employment contracts at regular intervals that are no greater than a
month.
It is the individual responsibility of all Seafarers to make arrangements
with the relevant authorities in their country of domicile to settle their
tax liabilities.
1.
Basic Wages:means the pay, however composed, for normal
hours of work; it does not include payments for overtime
worked, bonuses, allowances, paid Leave or any other
remuneration.
2.
Normal Hours of Work:is defined as forty (40) hours of work per
week, eight (8) hours per day, Monday through Friday.
8
3.
Consolidated Wages:may be fully or partially consolidated.
a.
Fully Consolidated Wagesmeans a wage or salary which
includes the basic pay and other pay-related benefits. A
consolidated wage includes compensation for all overtime
hours worked, including those worked on Saturdays,
Sundays and Public Holidays.
As defined hereunder, the following Groups are subject
toFully Consolidated Wages: N1, M1, M2, A1, A2 and A3.
b.
Partially Consolidated Wagesinclude all regular work hours
and work performed on Saturdays, Sundays and Public
Holidays, FixedOvertime work and Leave Pay except that
overtime work in excess of 130 hours/month is
compensated at the rate applicable for the involved Group.
As defined hereunder, the following Groups are subject
toPartially Consolidated Wages: M3, M4, B1, B2, C1, C2, D
and E.
For Seafarers on Fully or Partially Consolidated Wages, the
employment agreement should clearly specify the number of
hours expected in return for the remuneration and any
allowances due in addition to the Consolidated Wage.
B.
Public Holidays:
The following days shall be considered Public Holidays at sea or in port:
New Years Day (January 1st), Maundy Thursday (Easter), Good Friday
(Easter), Easter Sunday, Labour Day (May 1), Philippine Independence Day
(June 12), Christmas Eve (December 24), Christmas Day (December 25th),
and New Year’s Eve (December 31st).
Compensation for work performed on Public Holidays by Seafarers subject
to Fully Consolidated Wages is included in their total monthly wages.
Compensation for work performed on Public Holidays by Seafarers subject
to Partially Consolidated Wages in Groups B2, C2, D, and E are paid in the
form of Compensatory Leave at the rate of 1.5 days Basic Wage per month
of service and is included in their total monthly wages pursuant to the
relevant provisions of Article 7.
C.
Forms of Payment (Allotments, Bank Transfers, Payment Cards,
Cash):
Total payments of wages will be paid monthly in arrears to the
Seafarer, through one or more of the following methods:
(1)
Allotments: According to Philippine Government regulations, at
least 80% of the Monthly Basic Wages of a Filipino Seafarer will be
paid to their allottee in the Philippines designated by the individual
9
Seafarer through an authorized Philippine bank. Any additional
allotment notes are for the Seafarers account, and must meet the
requirements of the MLC 2006, Standard A.2.2. This system should
enable Seafarers to allot, if they so desire, a proportion of their wages
for remittance directly to the person or persons they nominate. The
Owners/Company and the Union recognize that the Owners/Company
must adhere to the rules and regulations established by the Philippines
Overseas Employment Administration (POEA) regarding allotments for
Filipino Seafarers.
(2)
Bank Transfers: Any Seafarer, if so desired, shall be allowed to
transfer money to a bank account, with the exception of any wages
subject to allotment requirements as stated above. Any fees charged
are for the Seafarer’s account, and must meet the requirements of the
MLC 2006, Standard A.2.2.
(3)
Pay Cards:
The Owners/Company may, at any time, initiate
the payment of wages through a pay card system. The parties agree
that any fees related thereto must be reasonable and adhere to the
requirements of MLC 2006, Standard A.2.2. The parties further agree
that the Seafarer shall be entitled to one cash withdrawal per month,
without charge, from onboard ATM machines for up to 100% of wages
while on board, with the exception of any wages subject to allotment
requirements as stated above.
(4)
Cash Payment: The Seafarer may, in lieu of bank transfers or
payment by pay cards, request cash payment of wages from the
Owners/Company, with the exception of any wages subject to
allotment requirements as stated above.
ARTICLE 7 - GROUPS OF SEAFARERS
This Article identifies each Group of Seafarers covered by this Agreement as
well as details specific to such Group, including Wages and Paid Leave.In the
case of Seafarers as to which different currencies may be available, once a
currency has been agreed to in an Employment Contract, the
Owners/Company shall be under no obligation to change the currency in a
subsequent Employment Contract even if so requested by the Seafarer.
A.
SENIOR DECK & ENGINE OFFICERS:
1. Group N1: Senior Officers – Former A Contract (Kroner):
Seafarers in Group N1 are employed on an annual basis with Annual
Wagesto be within the range for the applicable position shown in Wage
Scale 2A. All salaries are in Norwegian Kroner. The Annual Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, all overtime work and
LeavePay.
The following provisions shall only apply to Seafarers in Group N1
(Seafarers formerly employed under the A Contract):
10
a. Seafarers in Group N1 shall be employed on a 3 months on – 3
months off sailing Leave roster. They shall not be subject to the
provisions of this Agreement relating to Annual Sailing Periods;
b. A Seafarer’s Daily Wage shall be their Annual Wage determined
with reference to Wage Scale 2A divided by 365. For every Day of
Service, a Seafarer shall be paid two times their Daily Wage with
such payment representing compensation for both the Day of
Service and for earned Leave it being understood that Leave is
consolidated into the Annual Wage;
c. Notwithstanding the Annual Wage amount, a Seafarer in Group N1
shall only receive pay for actual Days of Service during a calendar
year at the rate specified above;
d. Days voluntarily worked by a Seafarer in Group N1 as an onboard
trainer during periods other than their normal sailing assignments
shall not be considered a Day of Service for purposes of the above
provisions. A Seafarer shall, however, receive, in addition to their
Annual Wage, supplemental pay equal to their Daily Wage plus
10% for each day serving as an onboard trainer.
e. Notwithstanding anything herein to the contrary, up to 10 days of
training, meetings and/or travel to and from the training session or
meeting are included in a Seafarer’s Annual Wage, but are not
considered Days of Service.
2.Groups M1 and M2
a. Group M1: Senior Officers (EURO or Kroner):
Seafarers in Group M1 are employed on an annual basis with Annual
Wagesto be within the range for the applicable position shown in Wage
Scale 2B.
All salaries are in Euros or Norwegian Kroner and
individuals in this Group are on a 3 months on- 3 months off sailing
Leave roster. The Monthly Wage is 1/12th of the Annual Wage. The
Monthly Wage is calculated to include all regular work and work
performed on Saturdays, Sundays and Public Holidays, overtime work
and LeavePay.
b. Group M2: Other Officers (EURO):
Seafarers in Group M2are employed on an annual basiswith Annual
Wagesto be within the range for the applicable position shown in Wage
Scale 2B. All salaries are in Euros or Norwegian Kroner and individuals
in this Group are on a 4 months on- 2 months off sailing Leave roster.
The Monthly Wage is 1/12th of the Annual Wage. The Monthly Wage
is calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, overtime work and LeavePay.
11
c. Surcharges for Seafarers in Groups M1 and M2:
1.
These provisions shall only apply to Seafarers employed on an
annual basis excluding, however, Seafarers in Group N1. The
wages of a Seafarer shall not be subject to increase or decrease
during a calendar year based on their Days of Service so long as
the Seafarer’s actual Days of Service during that calendar year
are within the Seafarer’s Annual Sailing Period;
2.
Notwithstanding anything herein to the contrary, up to 10 days
of training, meetings and/or travel to and from the training
session or meeting are included in a Seafarer’s Annual Wage,
but are not considered Days of Service for purposes of
calculating the Annual Sailing Period range;
3.
Subject to Paragraph 2 above, if during a calendar year, the
Days of Service of a Seafarer exceed his/her Annual Sailing
Period range as set forth in Article 10, as applicable, then the
Seafarer shall be additionally paid their Daily Wage for each
additional Day of Service. For purposes of this Agreement,
“Daily Wage” is defined as: (i) for Seafarers covered by Wage
Scale 1 or 2C, the Minimum Monthly Compensation shown in the
Wage Scale divided by 30; (ii) for Deck and Engine Seafarers
covered by Wage Scale 2B, their Annual Wage divided by 360.
To the extent the additional days are served at the request of
the Owners/Company rather than at the request of the Seafarer,
a 5% surcharge shall be applicable to the Daily Wage for the
additional days. Training, meeting, travel and overlap days are
not eligible for the 5% surcharge;
4.
If during a calendar year, the Seafarer’s Days of Service are less
than the Seafarer’s Annual Sailing Period range, then they shall
have deducted from their Annual Wage an amount equal to their
Daily Wage for each deficit Day of Service. This Paragraph shall
only apply if the Seafarer failed or refused to accept a sailing
assignment from the Owners/Company that, had it been
accepted, would have resulted in the Seafarer’s Days of Service
being within the Seafarer’s Annual Sailing Period range; and
5.
Days voluntarily worked by a Seafarer as an onboard trainer
during periods other than their normal sailing assignments shall
not be considered for purposes of determining Leave entitlement
upon termination of employment under Article 4 or for purposes
of determining the Seafarer’s actual Days of Service in relation
to their Annual Sailing Period under paragraph (3) or (4) of this
Article.
As days working as an onboard trainer are days that
the Seafarer would normally be on Leave, the Seafarer’s Annual
Wage, shall not be increased in respect of such days but instead
the Seafarer shall receive, in addition to their Annual Wage,
supplemental pay equal to their Daily Wage plus 10% for each
day serving as an onboard trainer.
12
B.
JUNIOR DECK & ENGINE:
Group M3: Supervisors (USD):
Seafarers in Group M3are employed on a fixed term basis and are
compensated in accordance with Column 5 of Wage Scale 2C. All
salaries are in U.S. Dollars and individuals in this Group are on a 4
months on- 2 months off sailing Leave roster. The Monthly Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, FixedOvertime work and
LeavePay except that overtime work in excess of 130 hours/month is
compensated at the VariableOvertime hourly rate specified in Column
6. LeavePay as shown in Column 4 of the Wage Scale is paid at the
end of the sailing assignment. Filipino Seafarers in this Group also
receive the additional benefits for Filipino Seafarers identified on Wage
Scale 2C which are paid for by the Owners/Company.
Group M4: Other Seafarers (USD):
Seafarers in Group M4are employed on a fixed term basis and are
compensated in accordance with Column 5 of Wage Scale 2C. All
salaries are in U.S. Dollars and individuals in this Group are on a 9
months on- 3 months off sailing Leave roster. The Monthly Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, FixedOvertime work and
LeavePay except that overtime work in excess of 130 hours/month is
compensated at the VariableOvertime hourly rate specified in Column
6. LeavePay as shown in Column 4 of the Wage Scale is paid at the
end of the sailing assignment. Filipino Seafarers in this Group also
receive the additional benefits for Filipino Seafarers identified on Wage
Scale 2C which arepaid for by the Owners/Company.
Apprentices or Trainees in the Deck or Engine Departments
The Owners/Companymay hire Apprentices and/or Trainees in the Deck or
Engine Departments. In such event, the Owners/Companyshall pay a
stipend to such Apprentice or Trainee in an amount no less than the Basic
Wage of the lowest Utility position. This stipend shall cover time spent
studying and in on-the-job training.
C.
MARINE HOTEL/CATERING GROUPS:
Group A1: Supervisors (EURO):
Seafarers in Group A1 may be employed either on the fixed term basis
or on an annual basis with wages as specified in Wage Scale 1.
Wage Scale 1 includes two systems: Column 6 for Seafarers employed
on a fixed term basis and Column 8 for Seafarers employed on an
annual basis. All salaries are in Euros and individuals in this Group
are on a 4 months on- 2 months off sailing Leave roster.
13
The Monthly Wage is calculated to include all regular work and work
performed on Saturdays, Sundays and Public Holidays, all overtime
work and LeavePay. For Seafarers on a fixed term basis, LeavePay
as shown in Column 5of the Wage Scale is paid at the end of the
sailing assignment.
Group A2: Supervisors (EURO):
Seafarers in Group A2are employed on a fixed term basis and are
compensated in accordance with Column 6of Wage Scale 1. All
salaries are in Euros and individuals in this Group are on a 4 months
on- 2 months off sailing Leave roster. The Monthly Wage is calculated
to include all regular work and work performed on Saturdays, Sundays
and Public Holidays, all overtime work and LeavePay.LeavePay as
shown in Column 5 of the Wage Scale is paid at the end of the sailing
assignment.
Group A3: Supervisors (USD):
Seafarers in Group A3are employed on a fixed term basis and are
compensated in accordance with Column 6of Wage Scale 1. All
salaries are in U.S. Dollars and individuals in this Group are on a 4
months on- 2 months off sailing Leave roster. The Monthly Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, all overtime work and
LeavePay.LeavePay as shown in Column 5of the WageScale is paid at
the end of the sailing assignment.
Group B1: Skilled Personnel (EURO):
Seafarers in Group B1are employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale 1. All
salaries are in Euros and individuals in this Group are on a 4 months
on- 2 months off sailing Leave roster. The Monthly Wage is calculated
to include all regular work and work performed on Saturdays, Sundays
and Public Holidays, FixedOvertimework and LeavePay except that
overtime work in excess of 130 hours/month is compensated at the
VariableOvertime hourly rate specified in Column 7. Leave Pay as
shown in Column 5of the Wage Scale is paid at the end of the sailing
assignment.
Group B2: Skilled Personnel (USD):
Seafarers in Group B2are employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale 1. All
salaries are in U.S. Dollars and individuals in this Group are on a 6
months on- 2 months off sailing Leave roster. The Monthly Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, FixedOvertime work and
LeavePay except that overtime work in excess of 130 hours/month is
compensated at the VariableOvertimehourly rate specified in Column
7. Leave Pay as shown in Column 5of the Wage Scale is paid at the
end of the sailing assignment.
14
Group C1: Service Personnel (EURO):
Seafarers in Group C1are employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale 1. All
salaries are in Euros and individuals in this Group are on a 4 months
on- 2 months off sailing Leave roster. The Monthly Wage is calculated
to include all regular work and work performed on Saturdays, Sundays
and Public Holidays, FixedOvertime work andLeavePay except that
overtime work in excess of 130 hours/month is compensated at the
VariableOvertime hourly rate specified in Column 7. Leave Pay as
shown in Column 5of the Wage Scale is paid at the end of the sailing
assignment. When the Vessel is out of revenue service and not
carrying paying guests, the Service Money shown in Column 2 is
excluded from Total Monthly Compensation.
Group C2: Service Personnel (USD):
Seafarers in Group C2are employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale 1. All
salaries are in U.S. Dollars and individuals in this Group are on a 9
months on- 3 months off sailing Leave roster. The Monthly Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, FixedOvertime work and
LeavePay except that overtime work in excess of 130 hours/month is
compensated at the VariableOvertime hourly rate specified in Column
7.Leave Pay as shown in Column 5of the Wage Scale is paid at the
end of the sailing assignment.
Group D: Other Personnel (USD):
Seafarers in Group Dare employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale 1. All
salaries are in U.S. Dollars and individuals in this Group are on a 9
months on- 3 months off sailing Leave roster. The Monthly Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, FixedOvertime work and
LeavePay except that overtime work in excess of 130 hours/month is
compensated at the VariableOvertime hourly rate specified in Column
7. Leave pay as shown in Column 5of the Wage Scale is paid at the
end of the sailing assignment.
GroupE: Utility Personnel (USD):
Seafarers in Group Eare employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale 1. All
salaries are in U.S. Dollars and individuals in this Group are on a 9
months on- 3 months off sailing Leave roster. The Monthly Wage is
calculated to include all regular work and work performed on
Saturdays, Sundays and Public Holidays, FixedOvertime work and
LeavePay except that overtime work in excess of 130 hours/month is
compensated at the VariableOvertime hourly rate specified in Column
7. Leave Pay as shown in Column 5of the Wage Scale is paid at the
end of the sailing assignment.
15
Apprentice or a Trainee in a Marine Hotel Position
The Owners/Companymay hire Apprentices and/or Trainees in the Marine
Hotel Department. In such event, the Owners/Companyshall pay a stipend
to such Apprentice or Trainee in an amount not less than the Basic Wage of
the lowest Utility position. This stipend shall cover time spent studying and
in on-the-job training.
ARTICLE 8 - WORKING HOURS
1.
Seafarers subject to Fully Consolidated Wages shall normally not exceed
ten (10) hours per work day. Such Seafarers are not entitled to any
Variable Overtime Pay.
2.
Seafarers subject to Partially Consolidated Wages shall have a forty (40)
hour ordinary work week, i.e.,eight(8) hours Monday through Friday and
compensation for one hundred and thirty (130)FixedOvertime hours per
month.
Any VariableOvertimeshall be paid at the hourly rate stated in the Wage
Scalesin Annex B.
3.
All work hours shall be recorded by the Seafarer on a daily basis and
approved by a designated supervisor at least once per week after which the
record is final. For Seafarers eligible to receive VariableOvertime, all hours
in excess of the FixedOvertime hours defined above shall be paid at the
VariableOvertime rate defined in the Wage Scales.
4.
Any hours worked during an emergency directly affecting the
immediate safety of the Vessel, its passengers and crew, of which the
Master shall be the sole judge, or for safety boat drill, or work required
to give assistance to other Ships or persons in immediate peril shall
not count for VariableOvertime payment.
ARTICLE 9 - REST PERIODS
Each Seafarer shall have a minimum of ten (10) hours off duty in any period of
twenty four (24) hours, and seventy-seven (77) in any seven (7) day period. The
hours of rest may be broken into no more than two (2) periods, one (1) which
shall consist of at least six (6) consecutive hours off duty. The interval between
consecutive periods of rest shall not exceed fourteen (14) hours.
Musters and safety drills prescribed by national laws and international regulations
shall be conducted in a manner that minimizes disturbance of rest periods and
does not induce fatigue.
16
ARTICLE 10 - TOURS OF DUTY
1.
The Owners/Company has different sailing-Leave rosters, namely:
a.
b.
c.
d.
3
4
6
9
months
months
months
months
on
on
on
on
–
–
–
–
3
2
2
3
months
months
months
months
off
off
off
off
2.
Article 7 specifies the sailing-Leave roster to which each Group of
Seafarers is assigned.
The Owners/Company may specify Leave
schedules. Leaves shall begin and end on the dates set forth in the
Leave schedule.
3.
Certain Seafarers may be designated by Owners/Company as being
eligible, at the Seafarer’s election, to be included in either the sailingLeave roster referred to in Paragraph 1a or in 1b.
If the
Owners/Company makes such designation, it shall first agree with the
Union as to the applicable Wage Scales for any sailing-Leave roster not
presently provided for in the attached Wage Scales.
The choice of
sailing-Leave roster made by the Seafarer at the time of appointment
or initial eligibility to make an election can subsequently be changed if
the Seafarer in question gives the Owners/Company at least 365 days
prior notice in writing or such shorter period as the Owners/Company
may permit on a case-by-case basis.
4.
The Owners/Company reserves the right to reduce or extend sailing
assignments to meet operational or vessel positioning requirements,
subject to MLC minimum notice requirements if applicable.
5.
For Deck and Engine Seafarers in Group M1 on the 3 months on – 3
months off sailing-Leave roster who are employed on an annual basis,
the Annual Sailing Period for a calendar year shall be 173 – 193 days.
Other than in exceptional circumstances or with the consent of the
Seafarer, a Seafarer on a 3 months on – 3 months off sailing-Leave
roster who is employed on an annual basis shall not be assigned more
than 193 Days of Service during a calendar year or more than 549
Days of Service during any three consecutive full calendar years, for
an average of 183 days per year. Reconciliation of sailing period and
Leave days should always take place annually and promptly when the
Seafarer’s employment ends. For purposes of the calculations under
this Paragraph, the following days shall be excluded:
a.
up to 10 days per calendar year of training days, meeting days
and/or travel days to and from the training session or meeting,
b.
travel days to and from the Vessel,
c.
Sick Pay days,
d.
days during which the Seafarer is receiving the onboard training
surcharge under Article 7.A.2.c.4,
17
6.
e.
days as to which the Seafarer is paid under Article7.A.2.c.5, and
f.
overlap days at the commencement of a sailing assignment.
For Deck and Engine Seafarers in Group M2 on the 4 months on – 2
months off sailing-Leave roster who are employed on an annual basis,
the Annual Sailing Period for a calendar year shall be 233 – 253 days.
Other than in exceptional circumstances or with the consent of the
Seafarer, a Seafarer on a 4 months on – 2 months off sailing-Leave
roster who is employed on an annual basis shall not be assigned more
than 253 Days of Service during a calendar year or more than 729
Days of Service during any three consecutive full calendar years, for
an average of 243 days per year. Reconciliation of sailing period and
Leave Days should always take place annually and promptly when the
Seafarer’s employment ends. For purposes of the calculations under
this paragraph, the following days shall be excluded:
a.
up to 10 days per calendar year of training days, meeting days
and/or travel days to and from the training session or meeting,
b.
travel days to and from the Vessel,
c.
Sick Pay days,
d.
days during which the Seafarer is receiving the onboard training
surcharge under Article7.A.2.c.4,
e.
days as to which the Seafarer is paid under Article7.A.2.c.5,
f.
overlap days at the commencement of a sailing assignment.
7.
For Seafarers in Group A1 on the 4 months on – 2 months off sailingLeave roster who are employed on an annual basis and have elected
to be paid on a twelve (12)-month annualized wages basis, such
wages shall be reconciled based on a 240-day Annual Sailing Period (8
months X 30 days per month).
8.
For Seafarers employed on an annual basis who change their sailingLeave roster during a calendar year, their Annual Sailing Period range
for that year shall be adjusted to reflect the relative amount of time
during which they were under each sailing-Leave roster.
9.
If a Seafarer’s employment with the Owners/Company commences
other than on January 1 of a year and the Seafarer is employed on an
annual basis:
a.
that Seafarer will not have an Annual Sailing Period for that first
year,
b.
theOwners/Company shall still schedule Days of Service and
Leave for that first year consistent with the Seafarer’s sailingLeave roster determined for these purposes with flexibility
consistent with the Annual Sailing Period range concept described
for each group in this Article, as well as in Article 7.
18
10.
c.
so long as the Owners/Company has scheduled Days of Service
and Leave for that first year consistent with the Seafarer’s sailing
Leave roster as above provided, the Seafarer’s wages shall not be
entitled to increase for that year based on the Seafarer’s Days of
Service, and
d.
the Seafarer shall not be subject to any deduction from their
wages pursuant toArticle7.A.2.c (Surcharges for Seafarers in
Groups M1 and M2).
The Owners/Company reserves the right to transfer a Seafarer
between Vessels. Transfer between Vessels shall count as Days of
Service and not as travel days to or from a Vessel.
ARTICLE 11 - PAID LEAVE
A.
B.
ANNUAL AND COMPENSATORY LEAVE (DEFINITIONS):
1.
Annual Leave is the minimum number of days of paid Leave per
year of service, as required by law.
2.
Compensatory Leave is additionalLeavegranted for work on
Public Holidays.
For those Seafarers subject to Fully
Consolidated
Wages,
Compensatory
Leavealso
includes
additional Leave for work on Saturdays, Sundays and any
overtime performed.
LEAVE FOR SEAFARERS EMPLOYED ON AN ANNUAL BASIS:
1.
These provisions shall only apply to Seafarers employed on an
annual basis excluding, however, Seafarers in Groups N1 and
A1. Leave is consolidated into the Annual Wage. Except for
days as to which a Seafarer’s Annual Wage is reduced under
Article 12, for Sick Pay days and for up to 10 days of training,
meeting or travel to and from the training or meeting, all days
of a calendar year that are not Days of Service shall be Leave
Days. In addition, since a Seafarer is receiving additional pay
for days as to which the Seafarer is receiving the onboard
training surcharge,and for days working in excess of their
Annual Sailing Period under Article 10, those days are counted
as Leave Days for the purpose of determining the Seafarer’s
remaining Leave entitlement. The up to 10 days of training,
meeting or travel referred to above are not counted as either
Days of Service or Leave Days.
2.
For Seafarers employed on an annual basis, the Seafarer’s wage
payments shall continue during their Leave and includes
amounts due in respect of both, their annual Leave and their
compensatory Leave.
19
3.
4.
C.
Each Seafarer on a 3 months on – 3 months off sailing-Leave
roster shall earn one Leave day for every Day of Service
excluding:
a.
days as to which the Seafarer is receiving the onboard
training surcharge under Article7.A.
b.
days as to which a Seafarer is paid under Article7.A., for
working in excess of their Annual Sailing Period,
c.
up to 10 days of training, meeting and/or travel to or from
thetraining session or meeting (Owners/Company shall
cover the cost of travel between such training location and
the international/city airport closest to Seafarer’s
residence), and
d.
Sick Pay days.
Each Seafarer on a 4 months on- 2 months off sailing-Leave
roster shall earn one-half annual and compensatoryLeave day
for every Day of Service excluding:
a.
days as to which the Seafarer is receiving the onboard
training surcharge under Article7.A,
b.
days as to which a Seafarer is paid under Article 7.A, for
working in excess of their Annual Sailing Period,
c.
up to 10 days of training, meeting and/or travel to or from
the training session or meeting (Owners/Company shall
cover the cost of travel between such training location and
the international/city airport closest to Seafarer’s
residence), and
d.
Sick Pay days.
5.
Seafarers employed on an annual basis who are not available
for duty at the end of their Leave entitlement will be subject to
a reduction from their Annual Wage as provided in Article 10.
6.
If a Seafarer requires extra Leave (off pay), beyond their
earned Annual and CompensatoryLeave entitlement, prior
application must be given to the Owners/Company in writing.
LEAVE FOR SEAFARERS EMPLOYED ON A FIXED TERM BASIS:
1.
The provisions of this Article shall only apply to Seafarers
employed on a fixed term basis.
2.
Deck and Engine Seafarers:
Leave Pay is earned based on 8.5 days per month for every
month of service and is shown in Column 4 of Wage Scale 2C.
20
Leave Pay is based on the Basic Wage and is in addition to the
Minimum Monthly Compensation.
Monthly Leave Pay is
calculated as being equal to the Basic Wage divided by 30
multiplied by 8.5 days accrued per month of on-board service.
Leave Pay shall be paid at the end of the sailing assignment.
Parts of a month shall be prorated, with one-thirtieth (1/30)
being equal to one day.
3.
Marine Hotel Seafarers:
Leave Pay is earned based on 6 days per month for every
month of service and is shown in Column 5 of Wage Scale 1.
Leave Pay is based on the Basic Wage and is in addition to the
Minimum Monthly Compensation.
Monthly Leave Pay is
calculated as being equal to the Basic Wage divided by 30
multiplied by 6 days accrued per month of on-board service.
Leave Pay shall be paid at the end of the sailing assignment.
Parts of a month shall be prorated, with one-thirtieth (1/30)
being equal to one day.
ARTICLE 12 - COMPASSIONATE LEAVE
The Seafarer may terminate, without penalty the employment agreement
without notice for compassionate or other urgent reasons such as death or
serious illness or injury of an immediate family member as definedin
Owners/Company’s SMS Policy (currently defined as spouse, children, father,
mother, brother, sister, father-in-law or mother-in-law). If such termination
is requested in the case of death or serious illness in the immediate family,
the repatriation costs will be paid by the Owners/Company.
Other than as stated above, any other personal expense associated with
Compassionate Leave, including other travel costs, shall be the responsibility
of the Seafarer. The Seafarer is eligible for reassignment after the Leave
granted under these circumstances.
ARTICLE 13 - REPATRIATION
A.
Seafarers are entitled to repatriation by the Owners/Company in the
following circumstances:
1.
If the Employment Agreement expires while they are onboard;
2.
If the Employment Agreement is terminated:
(i)
(ii)
By the shipowner without cause; or
By the Seafarer for justified reasons as expressly stated
herein.
21
B.
C.
3.
When Seafarers are no longer able to carry out their duties
under the Employment Agreement. In the event of injury or
medical illness, repatriation shall take place when the Seafarer
is medically fit for travel.
4.
In the event the shipowner is no longer able to fulfill their
obligations as an employer, including shipwreck, insolvency,
sale of ship, change of ship registration or any other similar
reason.
5.
If the ship is under arrest for more than fourteen (14) days.
6.
In the event of a ship being bound for a war zone, as defined by
the parties defined hereto to which the Seafarer does not
consent to go.
The obligation of the Owners/Company to pay for repatriation ceases
if:
1.
The Seafarer requests the early termination of the Employment
Contract (prior to the expiration of the then current sailing
assignment); or
2.
The Seafarer is dismissed by the Owners/Company for serious
misconduct as provided in this Agreement.
Seafarers have the right to choose within a reasonable time period
from among the following destinations to which they have a
substantial connection the place to which they are to be repatriated:
1.
The place where the agreement was entered;
2.
The major international airport nearest to the Seafarer’s
residence; or
3.
Such other place as may be agreed upon between the Seafarer
and the Owners/Company.
Despite the foregoing, the Seafarer shall only be repatriated to a
country in which the Seafarer has a right of entry under that country’s
immigration laws.
D.
Repatriation costs paid for by Owners/Company shall include at least,
passage to the destination selected, accommodation, food, wages and
medical treatment if necessary from the moment the Seafarer leaves
the ship until they reach the repatriation destination.
The time spent awaiting repatriation and travelling shall not be
deducted from paid Leave accrued.
The Owners/Company shall not require Seafarers to make advance
payments towards the cost of repatriation at the beginning of their
employment and shall also not recover the cost of repatriation from
22
the Seafarer’s wages or other entitlement except when the Seafarer
has been found to be in serious default of his employment obligations
pursuant to this collective bargaining agreement.
ARTICLE 14 - MANNING
The Owners/Company will comply with the manning scales as specified by
the Vessel’s flag state andshall have sufficient number of Seafarers employed
on board to ensure that ships are operated safely, efficiently, and with due
regard for security under all conditions, taking into account concerns about
Seafarers fatigue and the particular nature and conditions of the voyage.
ARTICLE 15 - TRAINING
1.
Seafarers may be required to attend training courses to meet
operational or statutory requirements.
Reimbursement for any
expenses related to such training shall require prior approval from
Owners/Company.
2.
Days attending training courses required by the Owners/Company
shall not be counted as Days of Service to the extent counted as part
of the 10 days referred to in Article7.A. Training days in excess of the
10 day allowance shall be counted as Days of Service.
3.
Reasonable travel and accommodation expenses in connection with
training courses required by the Owners/Company will be paid on
production of a properly completed Owners/Company Expense Form
with all accompanying receipts.
ARTICLE16 - CERTIFICATES OF COMPETENCY / SMS
COMPLIANCE
1.
Seafarers shall not work on a ship unless they are trained, certified as
competent or otherwise qualified to perform their duties as specifically
stated in the job description for the Seafarer’s assigned role.
Seafarers shall not be permitted to work on a ship unless they have
fully completed training for personal safety on board.
2.
Nothing within this Agreement removes the Seafarer from their
responsibility to adhere to all applicable legal requirements, the
regulations
contained
within
the
Owners/Company’s
Safety
Management System and other regulations from the management of
the Owners/Company or their duly authorized representatives, which
are current, issued in the future, or amended from time to time.
23
3.
Initial and continued employment with the Owners/Company is subject
to and conditional upon the Seafarer being in possession of a valid
Certificate
of
Competency
recognized
under
the
STCW
1995Convention, as amended.Such Certificate shall be arranged and
paid for at the Seafarer’s expense.
4.
Seafarers may be assigned to Vessels whose flag state will be different
than their Certificate of Competency issuing authority. Employment
on such Vessels will also be subject to and conditional upon the
Seafarer being in possession of a valid Certificate of Competency for
the flag state registry of each Vessel. Such certificates, if allowed by
the flag state, will be arranged and paid for at the Owners/Company’s
expense.
5.
It is the Seafarer’s responsibility to ensure that their Certificate of
Competency is re-validated at intervals not exceeding five (5) years.
Failure to re-validate their Certificate of Competency will render the
holder ineligible to serve in the capacity specified by the Certificate of
Competency and may result in the termination of their employment,
as detailed in Article4 of this Agreement.
ARTICLE 17 - MEDICAL ATTENTION, SICK PAY, AND
MAINTENANCE
1.
Owners/Company shall bear the costs with respect to sickness and
injury to Seafarers occurring between the date of commencing duty
and the date upon which they are deemed duly repatriated, including
Owners/Company sponsored training or meetings, or arising from their
employment between those dates.
2.
The Seafarer shall not be considered in the service of the Vessel
during any Leave period or while receiving Sick Pay. Any unrelated
medical condition arising while not in the service of the Vessel shall
not be covered.
3.
The Owners/Company shall ensure that Seafarers have access to
prompt and adequate medical care whilst working onboard as
comparable as possible to that which is generally available to workers
ashore. Likewise, when necessary and practicable, Seafarers will have
the right to visit a qualified medical doctor or dentist without delay in
ports of call. The healthcare and medical attention contemplated
herein shall be provided at no cost to the Seafarer.
4.
Health protection is not limited to treatment of the sick and injured but
shall include measures of preventive character.
5.
When the Seafarer suffers a sickness or injury while onboard a Vessel,
the Vessel’s doctor will administer normal medical treatment.
6.
If such sickness or injury requires leaving the Vessel for treatment,
the Seafarer must submit to medical examination when requested by
24
the Owners/Company or its representative.
The Seafarer, so
instructed, will be expected to authorize the Owners/Company’s
designated medical facility or his or her own general practitioner to be
consulted by the Owners/Company’s nominated medical adviser or
consultant.
7.
A Seafarer who becomes sick or is injured while in the service of the
Vessel shall be entitled to:
(i)
free repatriation;
(ii)
their Fully or Partially Consolidated Wages until they have arrived
at their home or place of their original engagement; and
(iii) Sick Pay at a rate equivalent to their Basic Wage while the
Seafarer remains sick or injured up to a maximum of onehundred-and-thirty (130) days, provided satisfactory medical
certificates are submitted. Leave will not be earned for days
during which Sick Pay is paid. For Seafarers employed on an
annual basis, such days shall not be counted as Days of Service
or Leave Days.
8.
A Seafarer, who becomes sick or injured while in the service of the
Vessel, shall be entitled to reasonable and necessary medical
treatment (including hospitalization) and maintenance (unless room
and board is paid by the Owners/Company) at the Owners/Company’s
expense until the sick or injured Seafarer reaches Maximum Medical
Improvement (MMI) or until the sickness or incapacity has been
declared of a permanent character.
9.
The Owners/Company’s liability for medical expenses, repatriation,
and sick pay ceases or is limited in the following cases:
a. If the Seafarer is covered by a national insurance scheme,
expenses shall first be reimbursed by the national insurance
scheme and then by the Owners/Company, provided that this
provision does not modify the Owners/Company obligation set forth
above.
If the Seafarer elects to be treated by a provider not in the
Owners/Company network, national health insurance scheme, or
other Government-sponsored health plan, the Owners/Company’s
sole obligation in that case is to pay the lesser of the
Owners/Company network rate, the national health insurance
scheme rate, or other Government rate.
b. If the sickness or injury is the result of a known pre-existing
medical condition intentionally concealed during the PreEmployment medical examination; or
25
c. If the sickness or injury is directly attributable to the Seafarer’s
willful misconduct.
ARTICLE 18 - MATERNITY
The limited nature of shipboard medical facilities makes it impossible to
properly address prenatal care or any potential complications or emergencies
that may arise during a pregnancy while at sea. Consequently, pregnant
Seafarers who are interested in continuing to be employed in their positions
in spite of the health risks, may do so only during the first twenty four (24)
weeks of pregnancy and only under the following circumstances:
(i)
The pregnant Seafarer must pay for the cost of childbirth and for any
and all associated pregnancy related services and expenses required
during the pregnancy;
(ii)
The pregnant Seafarer must obtain the consultation of a licensed
Shoreside Obstetrician / Gynecologist (OB/GYN) at one of the Vessel’s
ports of call, at the earliest possible opportunity;
(iii) The pregnant Seafarer must notify the Vessel’s physician as soon as the
Seafarer becomes aware that she is pregnant and must obtain from the
Vessel’s physician the forms to be completed by the Seafarer and her
Shoreside OB/GYN;
(iv) After taking into consideration the Seafarer’s medical history, shipboard
life, job description, and any special circumstances, the Seafarer’s
ShoresideOB/GYN must grant medical permission to sail for a specific
period of time in order for the Seafarer to remain on board. The
Seafarer will continue any periodic medical revisions recommended as
allowed by the route of the vessel; and
(v) The pregnant Seafarer must continue to be able to perform the essential
functions of her job without endangering her health and safety.
If, at anytime, the Seafarer fails to fulfill any of the circumstances in items
(i) – (v) above or has met the maximum number of weeks, then the Seafarer
must sign off the Vessel. Except as provided below, upon sign-off, the
Owners/Company will provide the pregnant Seafarer with an air ticket home
and ten (10) weeks of Basic Wages.
If the Seafarer is medically determined to be Fit For Duty at the conclusion of
the pregnancy but no later than twenty-four (24) months after sign-off, then
the Owners/Company will rehire the Seafarer in her previous position on one
of the Vessels once an opening is available and without any loss in seniority.
A pregnancy is not considered an injury or sickness and the Seafarer is not
entitled to maintenance, cure or sick pay benefits when signing off due solely
to a pregnancy.
26
ARTICLE 19 - LOSS OF LIFE INSERVICE
If a Seafarer dies while in the service of the Vessel, including death occurring
between the date of commencing duty and the date upon which they are
deemed duly repatriated, or arising from their employment between those
dates the Owners/Company shall pay the sum of USD 90,000 to the spouse
and the sum of USD 20,000 to each dependent child up to a maximum of four
(4) under the age of 21. If the Seafarer does not leave a spouse, the sum due
to the spouse shall be paid to the Estate of the deceased Seafarer to be
administrated by the person or body authorized by law to act on behalf of the
deceased Seafarer's Estate.The Model Receipt and Form for this payment
shall be attached as AnnexC.
ARTICLE 20 - DISABILITY
1.
A Seafarer who suffers permanent disability as a result of an accident
or illness while in the service of the Vessel and regardless of fault, and
whose ability to work as a Seafarer is reduced as a result thereof,
shall in addition to Sick Pay, be entitled to compensation according to
the provisions of this Agreement.
2.
The disability suffered by the Seafarer shall be determined by a doctor
appointed by the Owners/Company. If a doctor appointed by or on
behalf of the Seafarer disagrees with the assessment, a third doctor
may be nominated jointly between the Owners/Company and the
Seafarer and the decision of this doctor shall be final and binding on
both parties.
3.
The Owners/Company shall provide disability compensation to the
Seafarer in accordance with the following table (in USD), with any
differences, including less than 10% disability, to be pro rata:
Degree of
Disability
Groups
Groups
Groups
B1, B2, C1, C2,
D and E
A2 and A3
A1, M1 M2,
M3, M4, and
N1
100%
100,000
120,000
150,000
75%
75,000
90,000
112,500
60%
60,000
72,000
90,000
50%
50,000
60,000
75,000
40%
40,000
48,000
60,000
27
30%
30,000
36,000
45,000
20%
20,000
24,000
30,000
10%
10,000
12,000
15,000
4.
Regardless of the degree of disability, an injury which results in loss of
profession will entitle the Seafarer to the full amount of compensation,
USD one hundredthousand ($100,000) for Groups B1, B2, C1, C2, D
and E, USD onehundredandtwentythousand ($120,000) for Groups A2
and A3 and USD one hundred and fifty thousand ($150,000) for
Groups A1, M1, M2, M3, M4 and N1. For the purposes of this Article,
loss of profession means when the physical condition of the Seafarer
prevents a return to sea service, under applicable national and
international standards, and/or when it is otherwise clear that the
Seafarer's condition will adversely prevent their future of comparable
employment on board ships.
5.
Any payment effected under any section of this Article shall be without
prejudice to any claim for compensation made in law. However, it is
understood that any such award in law shall be reduced by the
amount paid as set forth above in this Article.The Model Receipt and
Form for this payment shall be attached as Annex C.
ARTICLE 21 - FOOD, ACCOMMODATIONS, UNIFORMS,
AND SAFETY EQUIPMENT
The Owners/Company will ensure that all Vessels meet minimum IMO and
MLC,standards with regard to safety, accommodation, and provisions.
1.
The Owners/Companyshall provide free of chargesufficient drinking
water and food of proper quality, nutritional value, and quantity that
adequately covers the requirements of the ship and takes into account
the differing cultural and religious backgroundsand is prepared by
properly qualified cooks.
2.
Owners shall meet minimum MLC standards applicable at the date of
this Agreementto ensure that any accommodation and recreational
facilities for Seafarers working or living on board is safe, decent,of
adequate size and standard, bedding amenities, etc.
3.
Certain uniform items will be provided to the Seafarer free of charge
by the Owners/Company, but must be returned to the
Owners/Company at the end of each sailing assignment. The uniform
items for each position are set forth in AnnexD.
4.
The Owners/Company shall provide the necessary personal protective
equipment for the use of each Seafarer whilst serving on board. Every
Seafarer engaged in the operations and any other person who may be
28
exposed to the risk of injury, poisoning or disease arising from the
operations should, when necessary, be provided with and should wear:
a. a suitable safety helmet constructed to an appropriate standard;
b. overalls;
c. waterproof, reinforced, safety boots;
d. depending on the risk, sufficient and suitable protective clothing
and equipment, including, but not limited to:
(i)
(ii)
respiratory protective equipment; eye protectors; hearing
protection; gloves; welding aprons; safety harness; ropes and
attachments; and buoyancy aids; and
sufficient and suitable protective outer clothing for use by any
person who, by reason of the nature of work, is required to
continue working in the open air during cold or hot weather,
rain, snow, sleet, hail, spray, high winds or hot, humid
conditions.
Personal protective equipment should be used on an individual basis
and not passed to another person without first being cleaned, serviced
and maintained.
The space provided for personal safety equipment should be such as
not to contaminate accommodation or other storage. Personal
protective equipment should be suitable for the purpose and to the
required standard, having regard of the nature of the work. Where
there is a relevant certificate of approval or a national standard or
there is an equivalent international standard, personal protective
equipment should be to that standard.
6.
Vessel shall be so equipped with survival suits of appropriate size,
meeting IMO standards. The Owners/Company shall be responsible for
ensuring the existence on board of the number of survival suits as
required by the flag state.
ARTICLE 22 - LOSS OF PERSONAL EFFECTS
When any Seafarer suffers total or partial loss of, or damage to, their
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 theft or misappropriation, they shall be entitled
to receive from the Owners/Company compensation up to a maximum
amount of USD 4,000, subject to supporting receipts or reasonable
replacement value of each item.
The Seafarer shall certify that any information provided with regard to
lost property is true to the best of their knowledge.
29
The Owners/Company shall in addition pay the Seafarer for necessary
clothing needed after a shipwreck.
ARTICLE 23 - PENSION AND SOCIAL SECURITY
1.
A defined contribution pension plan is available to the Senior Deck and
Engine Seafarers after one (1) year of service with the
Owners/Company. The Owners/Company will contribute to the plan
with 6.0% of each Seafarer’s Monthly Wage, and the member also has
to contribute a minimum of 6.0% of Monthly Wage. The plan requires
a minimum membership period of two (2) years in order to receive
any benefits. The Seafarer’s fund will be available at age sixty-two
(62). Certain exceptions exist, however, depending upon the
applicable rules and regulations. The administration of the plan will be
the responsibility of, and paid for by, the Owners/Company.
The parties acknowledge and agree that certain qualifying Senior Deck
and Engine Seafarers are participants of the Merchant Navy Officers
Pension
Plan
(MNOPP),
based
in
the
United
Kingdom.
Employer/employee contribution rates are specified in the UK industry
pension plan documents. Such Seafarers are not subject to the terms
of the above provision.
2.
Filipino Seafarers covered by this Agreement shall be entitled to
participate in the Philippine Social Security, PhilHealth and PagIBIG
Systems. The Owners/Company shall pay the necessary Employer’s
contributions to the Philippine Government. The Owners/Company
shall also contribute the amounts for the AMOSUP FMDP (Family
Medical Dental Plan), WMBP (Welfare and Mutual Benefit Plan) and
their Training, Upgrading and Education Project as stated in the
Memorandum of Agreement (AMOSUP Protocol), attached hereto as
AnnexF.
3.
For Deck and Engine Filipino Seafarersin Groups M3 and M4, the
Owners/Company shall contribute to the Provident Fund the amount
stated in Annex F.
4.
Non-Filipino Deck and Engine Seafarers in Groups M3 and M4 paid in
accordance with Wage Scale 2C are entitled to Social Program
Compensation as provided in Column 8.
5.
Non-Filipino Catering/Hotel Seafarers in Groups A1, A2, A3, B2, C1, C2,
D and E, paid in accordance with Wage Scale 1 are entitled to Social
Program Compensation as provided in Column 10 thereof.
ARTICLE 24 - SPOUSES AND PARTNERS
In accordance with conditions laid down by the Owners/Company, Seafarers
may, subject to the Owners/Company’s Marine Regulations, be accompanied
30
by their spouses/partners. All travelling, visa, repatriation, handling, and
insurance expenses will be for the Seafarer’s own account.
ARTICLE 25 - THIRD PARTY EMPLOYMENT
No Seafarer shall undertake third party employment without the express
permission of the Owners/Company. In deciding whether to allow such third
party employment, the Owners/Company will consider whether this is likely
to substantially impinge on the total rest period of the Seafarer prior to
reassignment to the Owners/Company’s Vessel. If permission is granted,
then it is on the understanding that there will be no liability on behalf of the
Owners/Company to provide Sick Pay or any other compensation normally
accorded to an individual under their Employment Contract or this
Agreement, where such is brought about as a direct result of third party
employment.
ARTICLE 26 - SERVICE IN WARLIKE OPERATIONS AND
HIGH RISK AREAS
1.
During the sailing assignment a Seafarer shall be given full information
of war zone's inclusion in the Vessel’s trading pattern and shall have
the right not to proceed to a warlike operations area, in which event
he/she shall be repatriated at the Owners/Company’s cost with
benefits: accrued until the date of return to the port of engagement.
2.
Where a Vessel enters into an area where warlike operations take
place, the Seafarer will be paid a bonus amounting to double the Daily
Wage for the duration of the Vessel's stay in such area subject to a
minimum of five (5) days' pay. Similarly the compensation for
disability and death shall be doubled.
3.
A warlike operations area will be agreed to by the Owners/Company
and the Union.
4.
A Seafarer shall have the right to accept or decline the sailing
assignment without risking losing their employment or suffering any
other detrimental effects.
5.
Where a Vessel is expected to enter an area designated as a “High
Risk Area”, the parties will enter into a protocol and determine the
appropriate additional compensation, if any, for the Seafarers
(including compensation for deaths or injuries occurring during the
transit period in the High Risk Area) that are in addition to the
compensation set forth in Articles 19 and 20, based on the
circumstances
and
any
mitigating
factors.
If
the
Owners/Companyimplements
sufficient
mitigating
factors,
no
additional compensation shall be due.
6.
A “High Risk Area” will be as agreed by the Union and the
Owners/Company.
31
ARTICLE 27 - SHIPBOARD SAFETY COMMITTEE AND
SAFETY REPRESENTATIVE
1.
The Owners/Company shall facilitate the establishment of an on board
Safety and Health Committee in accordance with the provisions
contained in the ILO Code of Practice on Accident Prevention on Board
Ship at Sea and in Port, and as part of their Safety-Management
System. The Owners/Company shall provide a link between the
Owners/Company and those on board through the designation of a
person or persons ashore having direct access to the highest level of
management as per the requirements of the ISM Code. The
Owners/Company shall also designate an on board competent Safety
Officer who shall implement the Owners/Company safety and health
policy and program and carry out the instructions of the Master to:
(i) improve Seafarers' safety awareness;
(ii) investigate any safety complaints brought to the Master’s
attention and report the same to the safety and health committee
and the individual, where necessary;
(iii) investigate accidents and make the appropriate
recommendations to prevent the recurrence of such accidents;
(iv) carry out safety and health inspections; and
(v) monitor and carry out the on board safety training of Seafarers.
2.
The Owners/Companyacknowledges the right of the Union to appoint
or have elected by and from the Seafarers a Safety Representative(s).
A Seafarer carrying out the role of Safety Representative shall have
access to information, assistance and advice should be provided,
where necessary, by the Safety Committee, the Owners/Company,
and the Union. The Safety Representative shall:
(i) have access to all parts of the Vessel;
(ii) be able to participate in the investigation of accidents and near
accidents;
(iii) have access to all the necessary documentation, including
investigation reports, past minutes of the safety and health
committee, etc.;
(iv) receive appropriate training; and
(v) not be subject to dismissal or other prejudicial measures for
carrying out functions assigned to the role of safety
representative and be entitled to the same protections as the
liaison representative.
ARTICLE 28. USE OF ELECTRONIC MAIL AND
INTERNET
A.
Use of Equipment/Systems provided by Owners/Company
32
 The Owners/Company may provide Seafarers with access to a
variety of information technology equipment, hardware, software,
networks, systems, social media sites/accounts, and electronic
communications media (“Equipment/Systems”) for the operation of
the Owners/Company’s business. All Equipment/Systems, as well
as communication and stored information sent, reserved, created
on, or contained therein is the property of the Owners/Company,
taking into account applicable law.
 Seafarers are responsible for maintaining the confidentiality of all
information and material contained on all Owners/Company’s
Equipment/Systems, and are not allowed to disclose the same to
third parties, nor remove the same from the Owners/Company’s
premises/Vessels, without Owners/Company’s written permission.
 Any content that the Seafarer posts on Owners/Company
Equipment/Systems must remain professional, and respect
copyright and fair use requirements, as instructed by
Owners/Company.
In
addition,
the
Owners/Company’s
Equipment/Systems must not be used for conveying messages, or
for accessing sites, that may be considered defamatory, derogatory,
harassing, bullying, obscene or discriminatory (discriminatory
against race, national origin, gender, religion, disability or sexual
orientation.). Seafarers who engage in such activities may be
potentially liable for legal claims arising from the sending of
inappropriate material internally or externally, and subject to
disciplinary action.
 The Owners/Company has access to, or reserves the right to
retrieve or review, information on any Owners/Company
Equipment/Systems, including information a Seafarer has protected
by password, if such is necessary for specific purposes, such as
relating to the compliance with a legal obligation or the justified
interests of the Owners/Company. In addition, if a Seafarer logs
into Social Media from Owners/Company’s Equipment/Systems, the
Seafarer shall have no expectation of privacy as to any information
he or she inputs or reviews while engaged in such access from
Owners/Company’s Equipment/Systems.
The Owners/Company
shall inform or notify Seafarers accordingly.
 No Seafarer may use another employee’ access code or password to
enter a file or communication system or retrieve any stored
communication, unless authorized to do so.
B.
Use of Personal Electronic Devices and Social Media Policy
 A Seafarer may use his or her personal computer, device or other
non-Owners/Company device during non-working time.
 Notwithstanding the foregoing, the Owners/Company will not
monitor or seek to access any communications made to or from a
Seafarer’s personal computer or other electronic device unless
necessary for the safety or security of the Vessel or the protection
33
of the Owners/Company’s Equipment/Systems. If such an unlikely
event arises, Seafarers shall be notified in writing that their personal
computers are being or have been searched, unless such notice
would violate applicable law or jeopardize safety and security of
persons, the Vessel, or the Owners/Company’s Equipment/Systems.
 When posting to any Social Media sites, including online
forums/blogs, the Seafarer may not include any Owners/Company
trade
secret,
logos,
drawings,
trademarks,
copyrights,
photographs/images of Owners/Company or other identifying,
confidential or proprietary information of Owners/Company, unless
the Seafarer is acting on behalf of, and with the permission of, the
Owners/Company.
The Seafarer is personally responsible for the content he or she
posts on Social Media. The Seafarer shall not publish confidential
Owners/Company information that is obtained in the course of
employment,or information that could reasonably be considered
derogatory or defamatory with respect to a guest or another
Seafarer.
 Owners/Company’s complete Social Media Policy is located on eFleet
or can be obtained from Owners/Company’s onboard Human
Resources representative.
 If violation of the Owners/Company's Social Media policy constitutes
one of the instances of serious misconduct listed in Article 5, it may
subject the Seafarer to disciplinary action up to termination.
ARTICLE 29 - UNION FEES, WELFARE FUND, AND
REPRESENTATION OF SEAFARERS
The Owners/Company recognizes the value of membership in the Union.
Subject to national legislation, all Seafarers shall have the right to join an
appropriate national trade union affiliated to the ITF. The Owners/Company
will maintain a copy of a list of Seafarers serving on the Vessels and a copy
shall be supplied to the Union upon request.
In consideration of the Union’s services, each Seafarer will pay a monthly fee
of $20.00 (the “Fee”), including Seafarers employed on an annual basis.
The Owners/Company shall deduct the Fee from the monthly pay of each
Seafarer and remit this amount to the Union. The Owners/Company shall,
once every month, transfer the Fees to the Union through SpareBank 1,
Swift Address: LABANOKK,P.O. Box 778 Sentrum, N-0106 Oslo, Norway. IB
AN: NO09 9001 0487 853. For Marine Hotel Seafarers, the Fees should be
transferred to Account No. 9001.04.87853 and for Deck and Engine
Seafarers, the Fees should be transferred to Account No. 9001.06.16300.
The Owners/Company shall send the Union a statement showing the name,
date of birth, nationality and position of each individual Seafarer for who
Fees has been paid.
34
The Owners/Company acknowledges the right of Seafarers to participate in
Unionactivities and to be protected against acts of anti-union discrimination
as per ILO Conventions Nos. 87 and 98.
The Owners/Company acknowledges the right of the Union to appoint a
liaison representative from among the Seafarers who shall not be subject to
dismissal or other prejudicial measures for carrying out functions assigned to
the role of the liaison representative.
ARTICLE 30 - CARGO HANDLING
1.
Neither the Seafarers nor anyone else on board the Vessel whether in
permanent or temporary employment by the Owners/Company shall
carry out cargo handling and other work traditionally or historically
done by dock workers without the prior agreement of the ITF Dockers
Union or unions concerned and provided that the individual Seafarers
volunteer to carry out such duties, for which they should be
adequately compensated.
For the purpose of this Article “cargo handling” means:


Loading and unloading of passenger luggage. However, this does
not include the onboard distribution and collection of passenger
luggage which is considered Seafarers’ work.
Loading and unloading of Vessel’s spares and provisions. However,
this does not include the onboard transportation and does not
include the onboard stowing which is considered Seafarers’ work.
2.
Where a Vessel is in a port where an official trade dispute involving an
ITF Dockers Union is taking place, neither the Seafarers nor anyone
else on board the Vessel whether in permanent or temporary
employment by the Owners/Company shall be instructed or induced to
undertake cargo handling and other work, traditionally and historically
done by members of the union involved in the official trade dispute.
3.
When the ITF Dockers Union in a port allows ship’s Seafarers to carry
out work that traditionally or historically has been done by dock
workers the Seafarers shall be paid the VariableOvertime rate
specified in applicable Wage Scale for each hour or part of an hour
that such work is performed during their regular 40-hour work week,
in addition to their normal pay. Any such work performed outside their
regular 40-hour work week shall be compensated by double the
VariableOvertime rate for each hour or part of an hour that such work
is performed, in addition to their normal pay.
4.
If a Seafarer is normally paid Fully Consolidated Wages then the
VariableOvertime rate shall be calculated as follows:
Minimum
Monthly Compensation divided by 303 and multiplied by 1.5 equals the
VariableOvertime rate to be used when calculating the payment.
35
ARTICLE 31 - WAIVER AND ASSIGNMENTS
The Owners/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 Owners/Company, their servants or
agents any wages (including back wages) or other emoluments due or to
become due to them under this Agreement and the Owners/Company agrees
that any such document already in existence shall be null and void and of no
legal effect.
ARTICLE32 -DISPUTE RESOLUTION PROCEDURE
Notwithstanding any other provisions of this Agreement to the contrary, the
following grievance resolution procedures are mandatory and must be used
by all parties hereto in resolving any claims or grievances arising from or
related to the Seafarer’s service on board the Vessel.
A.
B.
General:
1.
Seafarers and the Owners/Company shall seek to resolve
complaints at the lowest level possible following the procedures
outlined below in ascending order.
2.
However, since many complaints may relate specifically to those
individuals to whom the complaint is to be made or even to the
Master of the Vessel, in appropriate cases Seafarers shall have a
right to complain directly to the Master or to appropriate
external authorities.
3.
Any kind of victimization of a Seafarer for filing a complaint is
prohibited and shall be penalized in accordance with the gravity
of the actions taken against him or her.
The term
“victimization” includes any adverse action taken by any person
with respect to a Seafarer for lodging a complaint which is not
manifestly vexatious or maliciously made.
On Board Complaint Procedures:
1.
While on board a Vessel, if a Seafarer believes that a provision
of this Agreement has been violated or that he or she has been
unfairly treated or disciplined, the Seafarer shall take his or her
complaint, either personally or through a fellow Seafarer
spokesperson, to the head of the department or their superior
officer.
2.
The head of department or superior officer shall then attempt to
resolve the matter within prescribed time limits appropriate to
the seriousness of the issues involved, which shall not exceed
30 days.
36
C.
3.
If the head of department or superior officer cannot resolve the
matter to the satisfaction of the Seafarer, the latter may refer it
to the Master, who shall handle the matter personally. Should
the Seafarer choose not to refer the matter to the Master, he or
she may use the On Shore Complaint Procedures as described
below.
4.
In the pursuit of any claim or grievance on board the Vessel, the
Seafarer shall at all times have the right to be accompanied and
to be represented by another Seafarer of his or her choice.
5.
The Master shall attempt to resolve all claims and grievances
referred to him or her as soon as practicable and appropriate
considering the seriousness of the complaint but in any event
shall respond not later than thirty (30) days after he or she
receives notice of the matter.
6.
All complaints and the decisions concerning them shall be
recorded in a document, and a copy of the document shall be
provided to the Seafarer.
7.
All disciplinary decisions with respect to the conduct of the
Master shall be made directly by those shoreside corporate
officers as may be designated by the Owners/Company as
having authority to do so.
8.
In cases of dismissal for cause the provisions of Article5,
Paragraph 3 shall take precedence over the foregoing on board
procedures.
On Shore Complaint Procedures:
1.
If the Seafarer is dissatisfied with the decision of the Master or,
in the case of the Master or a Seafarer not then on the Vessel
with the decision of the Owners/Company,
whether the
Seafarer is on board the Vessel or ashore, or if the Seafarer
chooses not to appeal to the Master for whatever reason and is
dissatisfied with the decision of his or her superior(s), the
Seafarer shall deliver written notice of his or her claim or
grievance and of his or her dissatisfaction with the decision
thereon to the representatives of the Union and to the
Owners/Company within forty-five (45) days after the Seafarer
receives notification of the decision. Such notice to the Union
shall also serve as the Seafarer’s appointment of the Union as
his/her representative in resolving the dispute. Within ninety
(90) days of receipt of such written notice, the representatives
of the Union and the Owners/Company shall resolve the dispute.
The parties may mutually determine to extend the period to
resolve the dispute. The above procedure also applies if the
Seafarer is On Shore when filing the grievance.
2.
The parties shall investigate whether the On Board Complaint
Procedures set forth above,or the procedures provided for in
37
Article5, Paragraph 3, were followed and shall encourage that
such procedures be exhausted unless the particular
circumstances of the case prevent it.
3.
All on shore complaint procedures and the decisions concerning
them shall be recorded in a document, and a copy of the
document shall be provided to the Seafarer.
4.
The decision of the Master/Owners/Company shall govern until
the claim or grievance has been resolved by representatives of
the Union and the Owners/Company.
If the Seafarer is
continuing to serve in his/her assigned capacity during the
resolution process, he/she shall continue to peacefully and
satisfactorily perform his/her duties, and the parties shall
faithfully observe this Agreement while grievances and disputes
are being resolved. The Seafarer shall be bound by the decision
made by the Union and the Owners/Company.
5.
Relevant Contact Information for Shoreside Complaints
Procedure
a.
The grievance shall be submitted in writing to the designated
Union at – Norwegian Seafarers’ Union, POB 2000 Vika, N0125 Oslo, Norway, phone +47 22 82 58 00, or via email to
grievances@nsu.org.
and/or to Seabourn Cruise Lines:(300 Elliott Avenue W,
Seattle, WA 98119 United States of America) telephone +1
(206)658-7803 or email:tkimmel@hollandamerica.com.
b.
The Seafarer shall also have the right to submit a grievance to
the Bahamas Flag Administration by contacting: The Director
of Labour, c/o The Bahamas Maritime Authority, Shirlaw Street,
P.O. Box N-4679, Nassau, Bahamas,
stcw@bahamasmaritime.com.
c.
The above contact information may change from time to time,
thus the Seafarer shall obtain the most current contact
information from the onboard Human Resources representative
for Owners/Company and/or from the Union.
ARTICLE 33 - ARBITRATION PROCEDURE
1.
If not resolved by the Union, the Owners/Company, and/or the
Seafarer as provided in Article 32, all grievances and any other dispute
whatsoever, whether in contract, regulatory, statutory, common law,
tort or otherwise relating to or in any way connected with the
Seafarer’s service for the Owners/Company under this Agreement,
including but not limited to claims for personal injury/disability or
death, no matter how described, pleaded or styled, and whether
asserted against the Owners/Company, Master, employer, Vessel
owner, Vessel or Vessel operator shall be referred to and resolved
38
exclusively by mandatory binding arbitration pursuant to the United
Nations Conventions on the Recognition and Enforcement of Foreign
Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S, (“The
Convention”), except as provided by any government mandated
contract. In addition, Seafarer agrees to arbitrate any and all disputes
regarding the existence, validity, termination, or enforceability of any
term or provision in this Agreement.
2.
Any arbitration, except as provided by any government mandated
contract, shall be administered in accordance with the American
Arbitration Association – International Dispute Resolution Rules
(“ICDR”), as amended with agreement of the parties, with the
American Arbitration Association (“AAA”) under its International
Dispute Resolution Procedures as the appointing authority.All
arbitrations must be brought by or on behalf of Seafarers in their own
names, and not on behalf of others on an unnamed basis. The ICDR
Rules of the AAA shall govern matters of discovery. In the event of a
conflict between the arbitration rules selected and the terms of this
Agreement, the terms of this Agreement shall prevail. The arbitration
award shall be in writing and shall set forth the arbitrator’s findings of
fact and conclusions of law. The language of the arbitral proceedings
shall be English.
3.
Any arbitration shall take place in such place as is agreed upon by the
Union, Owners/Company and Seafarer. In the event that all three
parties are unable to agree upon an alternative location, the
agreement of any two of the three shall prevail. To the maximum
extent possible and in order to avoid unnecessary travel and other
costs to the parties, the arbitration proceedings shall be conducted by
use of telecommunications technologies, which may include but not be
limited to email communications, conference calls, internet meetings,
and/or video conferences.
4.
This Agreement shall be governed by, and all disputes, claims or
controversies whatsoever, shall be resolved in accordance with the
laws of the Bahamas.
The parties agree to this governing law
notwithstanding
any
statutory
claims
for
negligence,
unseaworthiness, maintenance, cure, failure to provide prompt, proper
and adequate medical care, wages, personal injury, or property
damage which might be available under the laws of any jurisdiction.
Jurisdiction and venue over employment disputes between Filipino
Seafarers and the Owners/Company shall be governed by the terms of
the Standard POEA Contract for Seafarers from the Philippines and the
POEA Contract jurisdictional and venue terms shall supersede and take
precedence over any conflicting terms set forth in this Agreement.
5.
The arbitrator shall be selected in the following manner. The Union
and Owners/Company shall each nominate up to three arbitrators who
do not have existing relationships with any of the parties. The Union
and Owners/Company shall jointly select one arbitrator from the list of
nominees. The arbitrator shall be an experienced maritime arbitrator
and familiar with the employment relationship in the maritime
industry. Should the parties be unable to agree on one name, the
39
Union and the Owners/Company shall each strike two names from the
list of nominees. The remaining names from list of nominees will be
placed in a bag. The Union and Owners/Company shall then cast dice
until one or the other has a higher number. The entity with the higher
number shall then select one paper from the bag. The individual so
selected shall act as the arbitrator.
6.
If the Seafarer is represented by an independent counsel at any point,
said counsel will substitute the Union at all stages of the Procedure,
except that the Arbitrator must seek the Union’s opinion on any issue
concerning the interpretation of this Agreement.
7.
The Owners/Company shall pay for the cost of arbitration proceedings.
Any costs related to proceedings brought to enforce a decision will be
borne solely by the non-prevailing party.
The Union and the
Owners/Company shall bear the costs of their own attorney fees and
legal representation.
8.
Upon the Seafarer’s request, the Union shall decide whether a claim
should be brought to arbitration and, if the Union so decides, shall
appoint legal representation for the Seafarer. If the Seafarer rejects
the representation appointed by the Union at any stage of the process,
then the Seafarer will be responsible for the cost of his or her legal
representation, if any. If the Seafarer is not represented by the Union,
then the arbitrator shall seek the Union’s opinion if in doubt as to the
interpretation of this Agreementbefore making a decision, and the
Union shall have the right to act as an observer to the proceedings by
being present at any hearings and reviewing all relevant documents.
9.
The Owners/Company, the Union, and the Seafarer acknowledge that
by agreeing to arbitration they voluntarily and knowingly waive any
right they may have to a jury trial. The arbitration referred to in this
Article is exclusive, mandatory, final and binding. Claims and lawsuits
arising from or relating to the Seafarers service on board the Vessel
shall not be brought by any party to this Agreement except to compel
arbitration or to enforce the arbitration award.
10.
All arbitrations must be commenced within two (2) years from the
date of the occurrence giving rise to the grievance or dispute, or the
date the Seafarer knew or should have known of the occurrence giving
rise to the grievance or dispute, except for claims for personal injury
or death, which must be commenced within three (3) years from the
date of the occurrence giving rise to the injury or death or the date the
Seafarer knew of should have known of the occurrence giving rise to
the injury or death. Claims brought forth thereafter will not be
recognized and will be time-barred.
11.
The Owners/Company, the Union, and the Seafarer hereby agree that
all information disclosed in connection with arbitration shall not be
made public or disseminated by any means. Unless otherwise agreed
by the parties in writing, or required by applicable law, the parties,
members of the tribunal and the administrator shall keep confidential
all matters relating to the arbitration or the award.
40
ARTICLE 34 - JURISDICTION/GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the Bahamas.
ARTICLE 35 - SEPARABILITY
Any provision of this Agreement that is determined in any jurisdiction to be
unenforceable for any reason shall be deemed severed from this Agreement
in that jurisdiction only and all remaining provisions shall remain in full force
and effect.
ARTICLE 36 - AMENDMENTS TO AND DURATION OF
AGREEMENT
ThisAgreement shall be effective from January 1, 2015, through December
31, 2017, and further for one year at a time if a request for termination is
not given either by the Owners/Company or the Union with three (3) months
written notice.
Should this Agreement continue past December 31,2017,
then the terms and conditions of this Agreement shall be reviewed annually
by the Owners/Company and Union. Furthermore if at any time the
Owners/Company and Union mutually agree on amendments and/or
additions to this Agreement, such amendments and additions shall be agreed
in writing and signed by the parties.During the term of this Agreement,
either party may give thirty (30) days’ notice of their intention to renegotiate any of its Articles, without prejudice to this Agreement as a whole.
No proposed amendment or modification shall be in force unless and until
agreed to in writing by both the Owners/Company and Union.
February 28, 2015
_________________________________________
Rick Meadows, President
Seabourn Cruise Line Limited
_________________________________________
Norwegian Seafarers' Union,
on behalf of itself and
Norwegian Maritime Officers Association,
Norwegian Union of Marine Engineers, and
Associated Marine Officers' andSeamen's Union of the Philippines
41
ANNEXA
EMPLOYMENT CONTRACT
Seabourn Cruise Line Limited (“Employer”) agrees to employ:
______________________
(“Employee”) in the capacity set forth below and Employee agrees to be so employed and to
abide by the terms and conditions applicable to this Employment Agreement.
Rank/Rating
Name of Vessel
Date of Engagement
Original Date of Hire
Date of Birth
Last Name
First Name
Nationality
Home Address
Telephone Number
Name and Address of Next of Kin
Telephone Number
Name and Address of Employer
Seabourn Cruise Line Limited
300 Elliott Avenue West, Seattle, WA 98119, USA
Wages/Overtime Pay and other conditions that may apply
As quoted below and the Collective Bargaining Agreement between Seabourn Cruise Line
Limited and Norwegian Seafarers’ Union acting on behalf of itself and the Norwegian Maritime
Officer’s Association, the Norwegian Union of Marine Engineers and the Associated Marine
Officers’ and Seamen’s Union of the Philippines,effective as of January 1, 2015 (the “Collective
Bargaining Agreement”)
Special conditions/other information including information concerning limitation of duty service
Employment Status: ___ Annual Wage
____ Fixed Term
Annual Wage (if applicable): _____________ (Monthly Wage is 1/12th of Annual Wage)
Fixed Term Monthly Wage (if applicable): _____________
Fixed Term Variable Overtime Rate (if applicable):
_______
Fixed Term Monthly Wage When Vessel Out of Service (if applicable): ____________________
In the event of overpayment, Employer reserves the right to adjust on the next wage period.
Sailing assignment will be scheduled by Employer in accordance with the Collective Bargaining Agreement.
Employee is committed to participate in safety and statutory training as required, without additional compensation.
Employee agrees that he/she cannot claim or is not entitled to any additional benefits of any kind whatsoever except
those provided in this Employment Agreement and the Collective Bargaining Agreement.
Employee declares that the application for employment, previously filled out and signed, is true and correct in every
respect, and that, as part of this Employment Agreement, Employee agrees to abide by the conditions set forth in the
Vessel’s articles, the Code of Conduct, the Employer’s Safety Management System and by such Employer and Vessel
rules and regulations as are in effect during the period of this Employment Agreement.
For specific terms, see the Collective Bargaining Agreement.
Mutual period of notice
Contract End Date *
As per Article4 of the Collective Bargaining Agreement
*Subject to change by mutual
agreement, according to scheduling and
operational requirements'
THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT APPLY TO, AND ARE AN
INTEGRAL PART OF, THIS EMPLOYMENT AGREEMENT. Employee and the employment
relationship established hereunder shall at all times be subject to and governed by the Collective
Bargaining Agreement.
42
EMPLOYEE SPECIFICALLY AGREES TO ARBITRATE CLAIMS AS PROVIDED BY
ARTICLE33 OF THE COLLECTIVE BARGAINING AGREEMENT. In accordance with the terms
of the Collective Bargaining Agreement or government-mandated contract, Employee agrees, on
his/her own behalf and on behalf of his/her heirs, successors, executors, assigns, dependents or
representatives that any and all claims, grievances or disputes, including but not limited to, wage
disputes, property damage, personal injury, death or any other claim(s) relating to or in any way
connected with Employee’s service for Employer shall be referred to and resolved exclusively by
mandatory binding arbitration and governed by the laws specified in the Collective Bargaining
Agreement or government-mandated contract. EMPLOYEE HEREBY ACKNOWLEDGE THAT
BY AGREEING TO ARBITRATION EMPLOYEE VOLUNTARILY AND KNOWINGLY WAIVES
ANY RIGHT EMPLOYEE MAY HAVE TO A JURY TRIAL.
EMPLOYEE SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ARBITRATION IS
SUBJECT TO A TIME LIMITATION. All arbitrations must be commenced within two (2) years
from the date of the occurrence giving rise to the grievance or dispute, or the date Employee
knew or should have known of the occurrence giving rise to the grievance or dispute, except for
claims of personal injury or death, which must be commenced within three (3) years from the
date of the occurrence giving rise to the injury or death or the date Employee knew or should
have known of the occurrence giving rise to the injury or death. Claims brought forth thereafter
will not be recognized and will be time-barred.
In the event that any part of this Agreement is found by a court of competent jurisdiction to be
unenforceable, or null and void, such findings shall not affect any other parts of this Agreement
not expressly found to be unenforceable. All parts of this Agreement not specifically found to be
unenforceable shall remain in full force and effect.
BY SIGNING BELOW, EMPLOYEE ACKNOWLEDGES HAVING BEEN AFFORDED THE
OPPORTUNITY TO REVIEW THE COLLECTIVE BARGAINING AGREEMENT. EMPLOYEE
FURTHER ACKNOWLEDGES THAT HE/SHE HAS BEEN AFFORDED AN OPPORTUNITY TO
REVIEW AND SEEK ADVICE ON THIS AGREEMENT BEFORE SIGNING IT. EMPLOYEE
FURTHER AGREES TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH IN THE
COLLECTIVE BARGAINING AGREEMENT AND THIS EMPLOYMENT AGREEMENT.
Todd W. KimmelSenior Director, Human
Resources-Seagoing Personnel
Employees Signature
Limited
Date
For and on behalf of Seabourn Cruise Line
43
ANNEXB
WAGE SCALES
THE WAGE SCALES ARE ATTACHED TO THE ORIGINAL SIGNED AGREEMENT,
AND ALL SEAFARERS COVERED BY THIS AGREEMENT MAY VIEW THE
INFORMATION REGARDING THEIR WAGES AT THE CREW PURSER’S OFFICE.
44
ANNEX C
MODEL RECEIPT AND RELEASE FORM FOR CONTRACTUAL CLAIMS
Ship:
(name, port of registry and IMO No.) _________________________________________
Incident (date and place): ________________________________________________________
Seafarer/Legal heir and/or Dependant: ______________________________________________
Ship owner: ___________________________________________________________________
I, [Seafarer] [Seafarer’s legal heir and/or Dependant]* hereby acknowledge receipt of the sum of
[currency and amount] in satisfaction of the Ship Owner’s obligation to pay contractual
compensation for personal injury and/or death under the terms of my/the Seafarer’s employment
and I hereby release the Ship Owner from its obligations under the said terms and conditions.
The payment is made without admission of liability of any claims and is accepted without
prejudice to my/the Seafarer’s legal heir and/or Dependant’s right to pursue any claim in respect
of negligence, tort or any other legal redress and arising out of the above incident.
Any payments made herein shall be credited to any additional recovery.
Dated: _________________________ Place: ___________________________________
Seafarer, Legal heir and/or Dependant: _________________________________________
Signed: ______________________________________
For acknowledgement:
Shipowner/Shipowner’s representative: _________________________________________
Signed: _______________________________________
Insurer/Insurer representative: ________________________________________________
Signed: _______________________________________
45
ANNEX D
UNIFORMS
MAITRE D' – MALE
Day
Day
Day
Day
Eve
Eve
Eve
Eve
Eve
Eve
Eve
Formal
Formal
Formal
Formal
Formal
Formal
Formal
ITEM DESCRIPTION
Day Shirt With Loops
Day Pants
Webb Belt
Hard Boards - 2.5 Gold w/White
Classic DB Blazer II
Double Pleated Pants
Fly Front Dress Shirt 32/33 Sleeve
Fly Front Dress Shirt 34/35 Sleeve
Fly Front Dress Shirt 36/37 Sleeve
Birdseye Brocade Tie
Gun Metal Black Belt Silver Buckle
Split Tail Tuxedo Jacket
Tuxedo Pants Adj Waist
Formal Vestee White Pique
Wing Tip Tuxedo Shirt 32/33 Sleeve
Wing Tip Tuxedo Shirt 34/35 Sleeve
Wing Tip Tuxedo Shirt 36/37 Sleeve
Bow Tie
COLOR
White
White
White
Black
Black
Charcoal
White
White
White
Gold
Black
Black
Black
White
White
White
White
Black
PAR
4
3
2
2
2
2
3
2
1
2
2
2
3
2
ASSISTANT MAITRE D' ALL RESTAURANTS - MALE
Day
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Eve
Formal
Formal
Formal
Formal
Formal
Formal
ITEM DESCRIPTION
High Button Vest
Fly Front Dress Shirt 32/33 Sleeve
Fly Front Dress Shirt 34/35 Sleeve
Fly Front Dress Shirt 36/37 Sleeve
Double Pleated Pants
Paisley Red Tie
Gun Metal Black Belt w/Silver Buckle
Classic DB Blazer II
DB Peak Lapel Tuxedo Jacket
Tuxedo Pants Adj Waist
Formal Shirt 1/8" Pleat Sleeve 32/33
Formal Shirt 1/8" Pleat Sleeve 34/35
Formal Shirt 1/8" Pleat Sleeve 36/37
Bow Tie
46
COLOR
Charcoal
White
White
White
Charcoal
Red
Black
Black
Black
Black
White
White
White
Black
PAR
3
4
3
2
1
2
2
3
3
2
MAITRE D' COLONNADE
Day / Warm
Day / Warm
Day / Warm
Day / Warm
EVE
EVE
EVE
EVE
EVE
EVE
EVE
ITEM DESCRIPTION
Day Shirts with Loops
Day Pants
Webb Belt
Hard Board Eplts 2 Gold w/White
High Button Vest
Fly Front Dress Shirt 32/33 Sleeve
Fly Front Dress Shirt 34/35 Sleeve
Fly Front Dress Shirt 36/37 Sleeve
Double Pleated Pants
Paisley Red Tie
Gun Metal Black Belt w/Silver Buckle
COLOR
White
White
White
Black
Charcoal
White
White
White
Charcoal
Red
Black
PAR
4
3
2
2
3
4
3
2
1
ASSISTANT MAITRE D' ALL RESTAURANTS - FEMALE
Day
Day / Eve
Day / Eve
Day / Eve
Eve
Formal
Formal
Formal
Formal
ITEM DESCRIPTION
High Button Vest (F)
Fly Front Blouse
Avondale Skirt
Tunisian Stripe Scarf
Seville Blazer DB Black
SB Tuxedo Jacket (F)
Formal Blouse
Tuxedo Skirt
Bow Tie
COLOR
Charcoal
White
Charcoal
Red
Black
Black
White
Black
Black
PAR
3
4
3
2
2
2
3
3
2
WAITER / UTILITY MAIN RESTAURANT - MALE
Day
Day / Eve /
Formal
Day / Eve /
Formal
Eve
Eve
Formal
Formal
Formal
Formal
Formal
ITEM DESCRIPTION
Corded Cobra Shirt
COLOR
White
Flat Front Pants
Black
3
Gun Metal Black Belt w/Silver Buckle
Banded Collar Dress Shirt w/Black
Button
Monaco Vest Black
Serving Jacket
Fly Front Dress Shirt 32/33 Sleeve
Fly Front Dress Shirt 34/35 Sleeve
Fly Front Dress Shirt 36/37 Sleeve
New Neck Tie Pre-Knotted w/Neckband
Black
1
White
Black
Black
White
White
White
Black
3
3
2
2
47
PAR
3
2
WAITERESS MAIN RESTAURANT - FEMALE
Day
Day /Eve
/Formal
Eve
Eve
Formal
Formal
Formal
ITEM DESCRIPTION
Corded Cobra Shirt
COLOR
White
PAR
3
Avondale Skirt
Banded Collar Dress Shirt w/Black
Button
Monaco Vest
Serving Jacket (F)
Fly Front Blouse
New Neck Tie Pre-Knotted w/Neckband
Black
3
White
Black
Black
White
Black
3
3
2
4
2
COLOR
Buff/Silver
Black
Black
PAR
3
3
1
COLOR
Buff/Silver
Black
PAR
3
3
WAITER / UTILITY - COLONNADE - MALE
Day
Day
Day
ITEM DESCRIPTION
Fusion Contract Panel Shirt
Flat Front Pants
Gun Metal Black Belt w/Silver Buckle
WAITERESS COLONNADE - FEMALE
Day
Day
ITEM DESCRIPTION
Fusion Contract Panel Shirt
Avondale Skirt
ASST. MAITRE D' SPECIALTY 2 - MALE
Day
Day
ITEM DESCRIPTION
Grey Fly Front Jacket
Flat Front Pants
COLOR
Grey
Black
PAR
2
3
COLOR
Grey
Black
PAR
2
3
ASST. MAITRE D' SPECIALTY 2 - FEMALE
Day
Day
ITEM DESCRIPTION
Grey Fly Front Jacket
Avondale Skirt
WAITER & WINE WAITER - SPECIALTY 2 - MALE
Day
Day
ITEM DESCRIPTION
Specialty Server Jacket
Flat Front Pants
COLOR
Brown
Black
PAR
2
3
WAITERESS & WINE WAITERESS - SPECIALTY 2 –
FEMALE
Day
Day
ITEM DESCRIPTION
Specialty Server Jacket
Avondale Skirt
COLOR
Brown
Black
PAR
2
3
COLOR
White
White
White
Black
Black
Charcoal
White
PAR
4
3
2
2
2
2
3
PUBLIC ROOM MANAGER
Day
Day
Day
Day
Eve
Eve
Eve
ITEM DESCRIPTION
Day Shirt With Loops
Day Pants
Webb Belt
Hard Boards - 2 Gold w/White
Classic DB Blazer II
Double Pleated Pants
Fly Front Dress Shirt 32/33 Sleeve
48
Eve
Eve
Eve
Eve
Formal
Formal
Formal
Formal
Formal
Formal
Fly Front Dress Shirt 34/35 Sleeve
Fly Front Dress Shirt 36/37 Sleeve
Crossroads Tie
Gun Metal Black Belt Silver Buckle
SB Tuxedo Jacket
Tuxedo Pants Adj Waist
Formal Shirt 1/8" Pleat Sleeve 32/33
Formal Shirt 1/8" Pleat Sleeve 34/35
Formal Shirt 1/8" Pleat Sleeve 36/37
Bow Tie
White
White
Cobalt
Black
Black
Black
White
White
White
White
2
1
2
3
3
2
HEAD SOMMELIER & ASST SOMMELIER RESTAURANTS - MALE
WINE STEWARDS & ASST SOMMELIER COLONNADE - MALE
ITEM DESCRIPTION
Bistro Vest w/Grommets
Fly Front Dress Shirt 32/33 Sleeve
Fly Front Dress Shirt 34/35 Sleeve
Fly Front Dress Shirt 36/37 Sleeve
Flat Front Pants
New Neck Tie Pre-Knotted w/Neckband
Gun Metal Black Belt w/Silver Buckle
COLOR
Mahogany
White
White
White
Black
Black
Black
PAR
2
3
Eve
HEAD SOMMELIERS ONLY
Arlington Blazer Mahogany Herringbone
Mahogany
2
Eve
ASST. SOMMELIERS & WINE STEWARDS COLONNADE
Angelica Blazer Mahogany Herringbone
Mahogany
2
Day
Day
Day
Day
Day
Day
Day
/ Eve
/ Eve
/ Eve
/ Eve
/ Eve
/ Eve
WINE STEWARDS & ASST SOMMELIER COLONNADE –
FEMALE
Day
Day
Eve
Eve
Eve
ITEM DESCRIPTION
C-Elsa Top Mahogany Herringbone
Avondale Skirt
C-Milan Blazer Mahogany Herringbone
V-Neck Undershirt Soft Lycra
Mock Wrap Skirt
49
COLOR
Mahogany
Black
Mahogany
Black
Black
PAR
2
3
2
3
3
3
2
1
BARTENDERS / BAR SERVERS - MALE
ITEM DESCRIPTION
COLOR
PAR
Polo Shirt (M) Stripe Collar
White/Nvy
3
Khaki Shorts
Khaki Pants
Khaki
Khaki
3
3
Webb Belt
Bib Apron w/Pockets w/Seabourn
Square
Baseball Cap w/Seabourn Shield
Tan
1
Seabourn
Square
BBQ
Brown
White
1
1
Eve
Eve / Formal
Eve / Formal
Formal
Formal
Formal
Formal
Formal
Cold Weather
Fusion Open Collar Shirt
Flat Front Pants
Gun Metal Black Belt w/Silver Buckle
Trim X Jacket
Fly Front Dress Shirt 32/33 Sleeve
Fly Front Dress Shirt 34/35 Sleeve
Fly Front Dress Shirt 36/37 Sleeve
Grey Satin Knotted Neck Tie Band
Milano Sweater
Black
Black
Black
Black
White
White
White
Grey
Navy
3
3
1
1
2
Indoors /Outdoors
AM
Outdoors AM
/'Warm
Indoors AM / Cold
Indoors /Outdoors
AM
1
1
DECK STEWARDS - MALE
ITEM DESCRIPTION
Indoors /Outdoors
AM
Outdoors AM
/'Warm
Indoors AM / Cold
Indoors /Outdoors
AM
BBQ
COLOR
PAR
Polo Shirt (M) Stripe Collar
White/Nvy
3
Khaki Shorts
Khaki Pants
Khaki
Khaki
3
3
Webb Belt
Baseball Cap w/Seabourn Shield
Tan
White
1
1
STEWARDESS
Day
Day
Eve
Eve
ITEM DESCRIPTION
Velocity Raglan Tunic
Flat Front Slacks
Velocity Raglan Tunic
Flat Front Slacks
COLOR
Sandstone
Taupe
Brown
Charcoal
PAR
4
4
4
4
UTILITY - BAR STAFF & HOUSEKEEPING - MALE
Day / Eve
Day / Eve
Day / Eve
Luggage
Loading
ITEM DESCRIPTION
C-Cobra Jacket w/Trim S/S
Flat Front Pants
Gun Metal Black Belt w/Silver Buckle
Corey Shirt w/Seabourn Logo Black
ULC
50
COLOR
Black
Black
Black
Coal Pin.
PAR
2
2
1
2
LAUNDRY MASTER, LAUNDRYMEN, LINEN KEEPER &
TAILOR
Day / Eve
Day / Eve
Day / Eve
ITEM DESCRIPTION
Flat Front Comfort Pants
Pique Polo
Webb Belt
COLOR
White
White
White
PAR
3
3
2
DECK & TECHNICAL RATINGS (WHEN IN PUBLIC AREAS)
MOTORMAN, REPAIRMAN, ASST ELECT., REEFER ASST
ASST.COMPUTER SYSTEMS, WIPER, TECH STOREKEEPER
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Day / Eve
ITEM DESCRIPTION
Work Shirt w/Loops
Work Pants
Webb Belt
Choose one Pair of Hard Boards
Deck Department Hard Boards
Technical Department Hard Boards
Overalls
COLOR
Lt.Blue
Navy
Navy
Black
Black
AB & OS SEAMAN
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Day / Eve
Cold
Weather
Cold
Weather
ITEM DESCRIPTION
Work Shirt w/Loops
Work Pants
Webb Belt
Deck Department Hard Boards
Day Shirt with Loops
Work Pants
Webb Belt
COLOR
Lt.Blue
Navy
Navy
Black
White
Navy
Navy
PAR
4
3
1
2
4
3
1
Black Day Pants
Black
3
Webb Belt
Overalls
Black
2
2
CARPENTERS / BOSUN
ITEM DESCRIPTION
Day /
Eve
Day /
Eve
Day /
Eve
COLOR
PAR
Work Shirt
Tan
4
Work Pants
Tan
3
Webb Belt
Overalls
Tan
1
2
51
PAR
4
3
1
2
2
2
QUARTER MASTER, NIGHT WATCHMEN, FIRE PATROL
TENDERS, STEERING HELMSMEN, MASTER AT ARMS
Day / Eve
Day / Eve
Day / Eve
Cold Weather
Cold Weather
DAY/EVE
ITEM DESCRIPTION
Day Shirts with Loops
Day Pants
Webb Belt
Black Day Pants
Webb Belt
MASTER AT ARMS
Hard Boards w/Seabourn Shield
Overalls
COLOR
White
White
White
Black
Black
Black
CRUISE STAFF - MALE
Day / Warm /
Cold
Day / Warm
Day / Warm
Day / Cold
Day / Cold
Eve
Eve
Eve
Eve
Day
ITEM DESCRIPTION
Polo Cool Mesh
w/Entertainment
Flat Front Shorts
Webb Belt
Flat Front Pants
Milano Zip Front Sweater
Arlington Blazer Tan
Sharkskin
Chase Pants Tan Sharkskin
Frosted Pique Dress Shirt
Iridescent Dot Tie
Showband Only
COLOR
Baja Shirt - Border Anthr
PAR
Stone
Black
Black
Black
Black
4
3
2
2
1
Tan Shrk
Tan Shrk
Chin Blue
Blue/Brwn
2
3
3
2
Border
Ant
3
CRUISE STAFF - FEMALE
Day / Warm /
Cold
Day / Warm
Day / Warm
Day / Cold
Day / Cold
ITEM DESCRIPTION
Polo Cool Mesh
w/Entertainment
Flat Front Shorts
Webb Belt
Flat Front Slacks
Milano Zip Front Sweater
Eve
Chelsea Blazer Tan Sharkskin
Eve
Brighton Skirt Tan Sharkskin
Eve
Frosted Pique Mona Blouse
Eve
Multi Stripe Scarf
Showband Only
Day
Baja Shirt - Border Anthr
COLOR
Stone
Black
Black
Black
Black
Tan
Shrk
Tan
Shrk
Chin
Blue
Multi
Strp
Border
Ant
52
PAR
4
3
2
2
1
2
3
3
2
3
PAR
4
3
2
3
2
2
2
PRODUCTION STAFF - MALE
Day
Day
Day
Day
Day /
Cold
Day /
Cold
Eve
Eve
Eve
Eve
ITEM DESCRIPTION
Polo Cool Mesh /Productions
Flat Front Shorts
Flat Front Pants
Webb Belt
COLOR
Stone
Black
Black
Black
PAR
4
2
2
2
Flat Front Pants
Black
2
Milano Zip Front Sweater
Arlington Blazer Tan Sharkskin
Chase Pants Tan Sharkskin
Frosted Pique Dress Shirt
Iridescent Dot Tie
Black
Tan Shrk
Tan Shrk
Chin Blue
Blue/Brwn
1
2
3
3
2
Duo & Pianist – Male
Day / Warm /
Cold
Day / Warm
Day / Cold
Day / Warm
ITEM DESCRIPTION
Polo Cool Mesh
w/Entertainment
Flat Front Shorts
Flat Front Pants
Webb Belt
Day
Baja Shirt - Border Anthr
COLOR
Stone
Black
Black
Black
Border
Ant
PAR
4
3
2
2
3
Duo & Pianist - Female
Day / Warm /
Cold
Day / Warm
Day / Cold
Day / Warm
ITEM DESCRIPTION
Polo Cool Mesh
w/Entertainment
Flat Front Shorts
Flat Front Slacks
Webb Belt
Day
Baja Shirt - Border Anthr
COLOR
Stone
Black
Black
Black
Border
Ant
53
PAR
4
3
2
2
3
ANNEXE
DRUG AND ALCOHOL POLICY
COMPANY POLICY ON ALCOHOL AND DRUG ABUSE
1.
No Seafarer will navigate or assist in navigating a Vessel or operate
the onboard equipment whilst impaired by drugs or alcohol.
2.
The willful misuse of legitimate drugs or the use, possession,
distribution, smuggling or sale of illicit or un-prescribed controlled
drugs is prohibited.
In addition any use of an illegal controlled substance, which may cause
or contribute to unacceptable job performance or unusual job
behaviour is prohibited.
3.
The sale and consumption of alcohol is to be controlled at all times to
the extent that Seafarers shall not be impaired when performing
scheduled duties and are ready at all times to respond to an
emergency situation onboard.
Under Owners/Company policy, a
Seafarer is considered to be impaired if his or her blood alcohol level
equals or exceeds 0.08 while off duty, or equals or exceeds 0.04 while
on duty or within an hour prior to going on duty.
4.
Notwithstanding the above, a Seafarer exhibiting symptoms of
impairment by alcohol or drugs whilst on duty shall be immediately
relieved of his/her duties, pending an investigation, and replaced.
5.
Under Company policy, the Owners/Company may require Seafarers to
submit to drug and/or alcohol testing on a random basis or otherwise
as the Owners/Company may determine.
54
ANNEX F
AMOSUP PROTOCOL
This Protocol is made between Seabourn Cruise Line Limited (herein after called
“Owners/Company”) and International Transport Workers’ Federation (herein after called
“ITF”), Norwegian Seafarers’ Union (herein after called “NSU”) and Associated Marine
Officers’ and Seamen’s Union of the Philippines (herein after called “AMOSUP”).
The parties agree that the following ITF approved Collective Bargaining Agreements shall apply
to Philippine Citizens serving onboard cruise vessels operated by the Owners/Company:
1.
Agreement between Seabourn Cruise Line Limited and Norwegian Seafarers' Union on
behalf of itself and Norwegian Maritime Officers Association, Norwegian Union of
Marine Engineers and Associated Marine Officers' and Seamen's Union of the
Philippines, dated February 28, 2015 covering Seafarers serving onboard vessels owned,
operated or managed by Seabourn Cruise Line Limited, as amended from time to time;
The parties further agree to enter into the following arrangement covering Philippine Citizens
covered by the Agreements listed under Item 1:
2.
That NSU in cooperation with Norwegian Maritime Officers Association shall act as the
Lead Negotiator for the ITF Affiliated Unions and shall be responsible for maintaining
and updating the Collective Bargaining Agreements listed under Item 1;
3.
That NSU shall liaise with the ITF and AMOSUP on a regular basis and maintain regular
contacts between the parties to this Protocol;
4.
That AMOSUP shall be responsible for all membership services as required under the
ITF Code of Good Practice, adopted by the ITF Fair Practices Committee on June 13,
2002, and as amended from time to time;
5.
That the Owners/Company through their manning agents shall cooperate with AMOSUP
for the proper and complete documentation of the Seafarers covered to ensure their full
and complete availment of benefits under AMOSUP programs;
6.
That AMOSUP shall be allowed to deduct regular Union Dues, as required by their
bylaws, from the Seafarers’ covered by this arrangement (See Appendix A);
7.
That to improve the training, standards of competence and education of Filipino Seafarers,
the Owners/Company have agreed to participate in AMOSUP’s Training, Upgrading and
Education Project, and to make financial contribution for traditional ship’s personnel to the
Project at the rate shown in No. 9 below under the heading “Training Levy”, i.e. U$15.00
per Seafarer per month while onboard;
8.
That the Provident Fund, as stated in No. 9 and Appendix A.2. below, is a recognition
and reward by the Owners/Company for the continued and diligent service of the
Seafarers, to be given when they leave or are separated from employment, and subject to
the conditions and limitations of the Provident Fund Rules and Regulations.
9.
That the Social Funding and Provident Fund ref. Article 23 of the Agreement, shall be
distributed as follows:
S.S.S./Medicare/EC/PagIbig, M3, M4, A1, A2, A3, B1, B2, C1, C2, D, E and all
apprentices and trainees …………………..................................... USD 27
55
Provident Fund, Groups M3 and M4, from Technical
Storekeeper and above ......................................................................
USD 125
Provident Fund, Groups M3 and M4, from Motorman and above ....... USD 100
Provident Fund, Groups M3 and M4, from Utility Garbage and above .....USD 75
F.M.D.P, Groups M3, M4, A1, A2, A3, B1, B2, C1, C2, D, E
and all apprentices and trainees ........................................................
USD 15
W.M.B.P., Groups M3, M4, A1, A2, A3, B1, B2, C1, C2, D, E
and all apprentices and trainees ........................................................
USD 5
Training Levy* ................................................................................
USD 15
*Training Levy contributions for traditional ship personnel (Groups M3 and M4)
10. That this Protocol may be amended at any time by unanimous written decision executed by
all parties; and
11.
That this Protocol may be terminated at any time by unanimous written agreement of all of
its parties and/or by one of the parties giving the other parties’ six (6) months written
notice. If this Protocol is terminated, then the various Special Agreements, Collective
Agreements and Protocols will stay in effect until they expire according to their individual
termination clauses, and that the employment terms for the Seafarers covered will stay in
effect until the individual Seafarer’s Employment is terminated and the Seafarer
repatriated.
February 28, 2015
____________________________________
Seabourn Cruise Line Limited
____________________________________
Norwegian Seafarers’ Union
_______________________________________
Associated Marine Officers’ and
Seamen’s Union of the Philippines
56
Appendix “A”
1. UNION FEES: Deducted on a monthly basis from the wages of the Filipino Seafarers of
the Vessels for the period that they are on board as based on the AMOSUP Constitution
and By-Laws:
A.
Union Dues: AMOSUP will share one half of the Union Fees received by NSU
as the Seafarers Union Dues; and
B.
PTGWO affiliation dues:
Seafarer.
C.
FMDCP dues: Five Pesos (P5.00) per month while onboard per Seafarer.
D.
Training and Discretionary Assistance Fund: (P10.00 pesos for ratings/P25.00
pesos for officer) per month while onboard per Seafarer.
Two Pesos (P2.00) per month while onboard per
2. PROVIDENT PLAN
The COMPANY and the UNION agree that in order to provide security of their Seafarer,
a provident plan must be promulgated. They both agree that this plan will enhance
Seafarer efficiency and loyalty, and further encourage the Seafarer’s continued service
with the industry.
The COMPANY agrees to contribute to the provident fund the amounts stated in Item 9
of the AMOSUP Protocol, dated February 28, 2015, while engaged on board ship. The
COMPANY and the UNION further agree that this retirement plan shall be managed by
a Board of Trustees whose membership shall come from the COMPANY representative
in Manila and the UNION.
The Board of Trustees shall oversee the integrity and administration of the Provident
Plan.
3. SOCIAL FUNDING:
A.
As required by PHILIPPINE Government and stated in Item 9 of the Protocol.
B
AMOSUP PROGRAMS:
The availment of benefits under AMOSUP’s social
welfare programs by the Filipino Seafarers on the Vessels shall be subject to the
following conditions:
The availment shall be limited to the Filipino Seafarers of the Vessels, and their
respective qualified legal dependents, whose names shall be given in advance to
AMOSUP;
Enjoyment or availment of benefits shall be subject to the existing rules and
regulations of the AMOSUP;
Enjoyment and/or availment of benefits shall be intransferable;
B.1
WELFARE AND MUTUAL BENEFIT PLAN
B.1.1 WELFARE MUTUAL BENEFIT PLAN - It is the concern of the UNION and the
COMPANY, through the Welfare Mutual Benefit Plan, to enhance Filipino Seafarer's
well-being, with added protection to include legitimate spouses, as well as legitimate
minor children- dependents. In cases where the member is unmarried, his or her father
and/or mother shall be deemed beneficiaries. While ordinary life insurance benefits only
the assured, it is the purpose and intention of this Welfare Mutual Benefit Plan to grant
bigger coverage, protection and benefits to its bonafide members as follows:
B.1.2 In case of death of Seafarer while in service on board and in view of the time required
in the processing of payment, the UNION agrees to immediately pay to the designated
beneficiary/ies the amount of:
a.
b.
c.
Group E (Executive)
Group O (Officers)
Group ‘S’ (Supervisory & Skilled Personnel),
Group ‘R’ (Rank & File) & Group ‘A’ (Apprentices)
P250,000.00
P210,000.00
P170,000.00
B.1.3 While the covered member is no longer working aboard vessel by virtue of completion
of contract and expiration of Collective Bargaining Agreement and naval/maritime risks
and hazards cease and within the grace period of thirty (30) days as herein provided,
and death or serious disabling physical injuries occur, or sustain, the following benefits
and schedules are granted:
Loss of Life
P20,000.00
Partial permanent disability: Loss of
Two (2) limbs
P5,000.00
Two (2) hands or all fingers
or (2) thumbs
P5,000.00
Both feet
P5,000.00
Both eyes (sight)
P5,000.00
Injuries (not a total & permanent) which resulted in being permanently
bed-ridden
P5,000.00
B.1.4 After two (2) years of continued contributions by the shipowners or of the member
concerned and while covered member is still working aboard vessel and during the
lifetime of the Collective Bargaining Agreement between the Associated Marine
Officers' and Seamen's Union of the Philippines (AMOSUP) and the shipping firm,
should death occur to the legitimate spouse, the amount of ten thousand (P10,000.00)
pesos shall be granted as death benefit to the surviving spouse- member.
B.1.5 After three (3) years of continued contribution by the shipowners and the member
concerned, and while the covered member is working aboard vessel with an existing
collective bargaining agreement with AMOSUP and the shipping firm, should death
occur to any of the legitimate minor child who is unmarried, the amount of four
thousand (P4,000.00) pesos per child's death shall be granted.
B.1.6 Loss of life of the member's spouse and/or any child not qualified under the foregoing
Paragraphs "B.1.4" and "B.1.5" shall be extended financial assistance in the amount
of one thousand (P1,000.00) pesos only.
B.1.7 Funeral allowance for wife and/or children not to exceed four (4), not qualified under
the foregoing Paragraphs "B.1.4" and "B.1.5", shall be extended financial assistance in
the amount of one thousand (P1,000.00) pesos only.
B.1.8 Funeral allowance will be extended to the member's legitimate spouse and children not
qualified under coverage "B.1.3" and "B.1.4" of this plan only while the member is still
58
working aboard any vessel covered by a collective bargaining agreement of AMOSUP
and a grace period of three (3) months not less than ninety (90) days which shall also
be considered as the maximum stand-by period of the member, to be allowed for the
enjoyment of the funeral allowance, provided, however, that the member is a bonafide
member and in good standing with the UNION.
B.1.9 In case of death of Seafarer as defined in Section B.1.2, or while traveling to and from
the ship, funeral services to all bonafide members covered will be rendered by
Prudential Life Plan and/or Pacific Memorial Plan, Inc.
B.1.10OLD AGE FINANCIAL ASSISTANCE - The UNION recognizes the fact that by reason
of the rigors of the seafaring profession, advanced age serves as a deterrent to the
efficiency and re-employment of its loyal members. To help secure said members
when the eventuality comes and in addition to the benefits they may have enjoyed, any
deserving member under this collective agreement who has reached sixty (60) years,
unable to work as duly certified by a UNION's physician as physically and medically
unfit for any kind of work and with no apparent source of living or means of livelihood
but being a bonafide member who has served a minimum of five (5) years on board
vessel/s covered by the UNION's Collective Bargaining Agreement, shall receive an
old age financial assistance, subject to the recommendation of the Special Welfare
Mutual Benefit Plan, Committee and approved by the Union President, as follows:
B.2
a)
Two Thousand Pesos (P2,000.00), Philippine Currency, for the first year of his
service; and
b)
Five Hundred Pesos (P500.00), Philippine Currency, for every year of service
thereafter, payable in lumpsum but shall not exceed the total number of years
he had actually worked on board vessel/s as such member under the Union’s
Collective Bargaining Agreement.
SAILOR'S HOME
B.2.1 The UNION recognizes the difficulty and inconvenience of obtaining reasonable board
and lodging imposed on a majority of the Seafarers who reside in the distant island of
the archipelago, prior to their embarkation on board their assigned vessels, and
likewise, following their repatriation after completion of their contract. The UNION is
also cognizant of the concentration of all business functions, operation and
administration in the Manila Metropolitan area, and fully aware of its responsibility to
unload the burden and restriction these circumstances imposed upon the Seafarers, to
which the COMPANY agrees appropriate measures have been established and steps
taken to meet the need of the Seafarers.
B.2.2 A more flexible and comfortable `HOME` is being provided through the AMOSUP
SAILOR'S HOME at Cabildo cor. Sta. Pontenciana Streets, Intramuros, Manila. A
three story building, fully air-conditioned complete with beds sheets and cushions, and
spacious lounge. Seafarers are served continental breakfast for free within the duration
of their stay at the Sailor's Home.
For a fully and continued support and
implementation of the foregoing benefits, the provisions of the foregoing Section B.4.3
hereof shall apply. The AMOSUP Sailor’s Home/s is located at the following:
Sailors Home Intramuros
Cabildo cor. Sta. Pontenciana Sts.,
Intramuros, Manila
Tel: (+632) 527 3605
Sailors Home Annex Intramuros
Cabildo St.,
Intramuros, Manila
Tel: (+632) 254 1798
59
Sailor’s Home Cebu
Camino Vicenal St.,
Mandaue City, Cebu
Tel: (+632) 236 9928
Sailor’s Home Davao
AMOSUP-JSU Multipurpose Center
R. Castillo St., Brgy Centro,
Agdao, Davao Coty
Tel: (+632) 234 7185, 234 8266 loc. 231
B.3
THE FAMILY CARE PLAN
B.3.1 The UNION fully realizes the great obligations and responsibilities imposed by the
present standard of living to which situation the COMPANY concurs. Towards this end,
appropriate steps have been taken and prepared to meet the risks and/or exigencies of
time to accord any member such timely assistance when needed, mostly through the
Union's Family Care Plan, the implementation thereof and pertinent rules and
regulations relative to the same shall be furnished all concerned.
B.3.2 The foregoing plans meet the approval of the COMPANY, which hereby confirms and
affirms that it will undertake to support and implement the foregoing plans in
accordance with the individual Employment Contract and this Agreement. In case of
death or total and permanent disability of the Seafarers during the term of his service
aboard ship and/or travel to and from the said ship, such relief or compensation as
maybe considered either under the Seafarer's Individual Employment Contract and its
addendum, if any, or the foregoing plans, or under the POEA Rules and Regulations or
the Agreement, whichever is applicable and recovery under any one scheme shall be a
bar to recovery under any of the other schemes. The benefits referred to in the
preceding Paragraph shall be over and above those other benefits provided for under
the Agreement.
B.3.3 The Company, in manifestation of its commitment to support the aforementioned
benefits, agrees to give a monthly premium contribution in such amount/s per actuarial
computation provided below due for each Seafarer on board ship for the operation and
maintenance of the afore-mentioned PLANS, as stated in the Protocol Item 9.
B.4
THE FAMILY MEDICAL AND DENTAL PLAN
B.4.1 Professional medical services shall be extended to bona fide members, including their
duly registered legitimate spouses, minor children who are unmarried and not more
than 18 years of age and not exceeding four (4) in number, which services shall include
free medicine as may be prescribed, including X-ray, E.C.G., laboratory examinations
and/or confinement in the Union's hospital on doctor's recommendation in proper cases
all free of charge.
B.4.2 Professional dental services shall likewise be extended to bona fide members,
including their duly registered legitimate spouse and minor children unmarried and not
over 18 years of age, not exceeding four (4) in number, such services as extraction,
filing, x-ray, others except denture, full or partial, or gold/silver crowning, and such
service shall be performed by duly licensed dentist free of charge, including the
prescribed medicine as may be available in stock.
B.4.3 The COMPANY agrees to a monthly contribution as defined in Article B.3.3 above for
each crewmember on board for the operation and maintenance of the Family Medical
and Dental Plan in direct participation with the UNION for the members and immediate
dependents.
60
B.4.5 SEAMEN'S HOSPITAL FACILITIES AND SERVICES
The Seamen's Hospitals are one of the country's accredited hospitals that offer a
tertiary level of health care delivery. The Seamen’s Hospitals are located in the
following:
SEAMEN’S HOSPITAL MANILA
Cabildo cor. San Jose Streets, Intramuros Camino
Tel.:
527 - 8116 to 20
Fax:
527- 3554
Email: shosp_mnl@amosup.org
SEAMEN’S HOSPITAL VISAYAS
Vicinal St., Mandaue City, Cebu
Tel.:
(032) 346-2627
Fax:
(032) 346-2598
Email: shcebu@philweblink.com
SEAMEN’S HOSPITAL ILOILO
Oñate St. Mandurriao, Iloilo
Tel : (033) 321-3523
Fax: (033) 3212469
Email: doc_comuelo@yahoo.com
GIG OCA ROBLES SEAMEN’S HOSPITAL DAVAO
R. Castillo St., Brgy. Centro, Agdao, Davao City
Tel. Nos. (+632) 234 7185, (+ 6382) 234 8266 loc 231
Telefax: (+6382) 234 7185
Email: shd_davao@yahoo.com
AMOSUP CLINIC DAGUPAN
(Dagupan Doctors Villaflor Memorial Hospital)
Mayombo District, Dagupan City 2400
Tel. Nos. (+075) 653 0037
Email: amosupsatelliteclinic@gmail.com
A great number of minor and major surgeries from the various specialties have been
performed in these hospitals.
Following are the services offered in their Department Order:
Department of Surgery
1.
General Surgery - involves surgery of the Esophagus & Diaphragm, Acute
Abdomen, Peritoneal Cavity, Stomach and Duodenum, Liver Biliary Tract,
Pancreas, Spleen, Small and Large Intestines, Anorectum.
2.
Orthopedics - involves the management of infections of the bones and joints,
the various forms of arthritis, tumors and tumor like lesions of the bones, the
various forms of Dislocations, Fractures and Fracture Dislocations which include
the spine and minor injuries like sprain and strain.
3.
Urology - covers the management of the infection and injuries involving the
Genito-Urinary Tract. The removal of stones found in the Genito-Urinary Tract.
Tumors of the Genito- Urinary Tract and disorders of the scrotum, testis,
spermatic cord, penis, prostate and seminal vessels and adrenals.
4.
Thoracic Surgery - involves the surgical management of disorders in the lungs,
the pleural cavity, the bronchus, the pulmonary vascular system which may arise
from infection, tumor or trauma.
61
5.
Anesthesiology - the service provides local and general anesthesia depending
upon the indications to the various specialties in the hospital. Facilities for the
administration of anesthesia are available in the operating room complex and the
emergency room on call or scheduled basis.
Department of Pediatrics
Dependents of Seafarers members who are pediatric cases are provided a twelve (12)
bed air conditioned ward by the Seamen's Hospital. The Pediatric staff provides the
necessary diagnostic and therapeutic management of such cases.
Department of Obstetrics and Gynecology
This is one of the busiest departments of the Seamen's Hospital. It has an average
delivery of 50-60 per month. Aside from deliveries which include caesarian section, prenatal check-up and management of obstetrical and gynecological disorders are
provided.
Department of Medicine
1.
Internal Medicine - this involved the management of the diseases of the vital
organs of the body not requiring surgical management. It encompasses the
whole human body system in its general aspect and this is handled by our
general practitioner. Whenever necessary these cases are further referred to the
sub-specialties i.e. cardiologist etc. for more specific management.
2.
Cardiologist - our cardiologist offer ECG examination, interpretation and
monitoring. We have also the cardiac stress test monitoring station to further
evaluate prospective cardio-vascular cases.
3.
Dermatology - These services provides the evaluation and management of all
skin disorders to include infection, congenital anomalies, tumor, parasitic
infection and also the hair and nail disorders.
Department of Rehabilitation Medicine
This department provides physical medicine and rehabilitation services to patients
referred by various specialists. Most of the cases referred are disabilities arising from
medical, surgical and traumatic conditions. These conditions are handled by a
physiatrist and physical therapist. They render thermotherapy, electro-therapy,
gymnasium consisting of quadriceps chair, parallel bars, practice stairs, shoulder wheel
and traction apparatus for cervical and pelvic traction. They also have whirlpool bath for
hydro-therapy and ultrasound machines. Shortwave Diathermy apparatus, Infrared
lamps and paraffin bath
Department of Eye, Ear, Nose and Throat
This service provides for the medical and surgical management of disorders of the eye,
ear, nose and throat. Surgical management like cataract extraction with intra-ocular
lens implantation is among the various eye surgeries done in this hospital. Most
common eye condition among Seafarers is pterygium which is surgically excised when
it becomes irritated and affects the vision of the Seafarer. The diagnostic facilities
available in this department are the refractometer and projection screen for visual
acuity test, the direct and indirect ophthalmoscope, the p73 slit lamp apparatus, the
Schiotz Tonometer, the Perimeter, the audio-booth and the Audiometer, and Ishihara
test plates for color vision.
62
Department of Radiology
This service provides X-ray and Ultrasound examination. It has two (2) fixed x-ray
machines (500 MA and 650 MA) with one having a TV monitoring capability. It also
has a mobile X-ray Machine that can be transported to the wards and operating room.
It also has an ultrasound apparatus that can determine defects in the liver, gall bladder,
spleen, pancreas, kidney and the biliary tree. It can also determine the age of gestation
of the fetus in the uterus and sometimes the sex when possible. It can also detect
other masses in the pelvic cavity including the abdominal aorta.
Department of Pathology
Provides examinations that includes hematology, serology, blood chemistry, ' *al
microscopy, bacteriology, parasitology, and exfoliative cytology. Our laboratory is a
duly accredited facility by the government.
Dental Department
The dental department provides like dental examinations, dental consultation and/or
check-up, oral prophylacsis, anodyne treatment, temporary filling, zinc phosphate
cement bond filling, silicate cement filling, silver amalgam filling, basic gum treatment,
basic dental extraction, pre and post-operative treatment and systemic medication.
Other Services
Psychometric Screening Section
This provides proper screening of prospective Seafarers in order to determine whether
they are psychologically and intellectually prepared to face the demands and hazards
of a new environment aboard ship. They undergo personal interview and also written
and practical examinations which are prescribed by the Health and Marine Agencies of
the Government.
Nursing Service
The Nursing Service provides the medical and surgical nursing care to patients
confined in the hospital. They are distributed to the wards, operating room complex,
outpatient department, emergency room and nursery. Our nurses are trained p73 to
provide the best of attention and response to the comforting needs of the patients.
Transportation Service (Ambulance)
The Seamen's Hospital provides evacuation, transfer and pick-up of patients to and
from the hospital. The two ambulances are provides with oxygen and other insulation
apparatus plus the emergency and obstetrical bags.
Pharmacy
Seamen’s Hospital Manila
Out-Patient In-Patient -
8:00 a.m. to 5:00 p.m.
24 Hours
Dietary
Responsible for planning both general and special diets, devising menus, preparing
and serving food to patients and personnel.
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C.
CONTRIBUTION TO SEAFARER'S TRAINING, UPGRADING AND EDUCATION
PROJECT
To improve the training, standards of competence and education of Filipino Seafarers,
the Parties to this Agreement have agreed to participate in a Training, Upgrading and
Education Project.
Financial contributions to the Project shall commence January 1, 2015 at the rate
shown in Appendix 1 to this Agreement under the heading ”Training levy", (i.e. U$5.00
per Seafarer in Groups M3 and M4 per month while onboard, please see Item 9 of the
Protocol).
The Owners/Company have agreed to remit funds to support the Project monthly, in
respect of each Seafarer covered by this Agreement to the designated bank account
below:
PHILIPPINE TRUST COMPANY
UNITED NATIONS AVENUE
MANILA BRANCH
ACCOUNT NO.: 0034 – 0000 – 9488
NAME OF FUND/ACCOUNT NAME: AMOSUP MARITIME TRAINING AND EDUCATIONAL FUND
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USEFUL ADDRESSES:
Seabourn Cruise Line Limited
300 Elliott Avenue West
Seattle, WA 98119, USA
PH: +1-206 298 3879
EM:Seabourn@seabourn.com
Norwegian Seafarers’ Union
Head Office:
Post Box 2000 Vika
N-0125 Oslo, Norway
PH: +47-22 82 58 00
FX: +47-22 33 66 18
EM: firmapost@sjomannsforbundet.no
Norwegian Maritime Officers Association
Post Box 2000 Vika
N-0125 Oslo, Norway
PH: +47-22 06 61 00
FX: +47-22 06 60 90
EM: oslo@sjooff.no
Visitors: Maritimt Hus
Rosenkrantz gate 15-17
Oslo, Norway
Visitors: Maritimt Hus
Rosenkrantz gate 15-17
Oslo, Norway
Miami Service Office:
1001 North America Way, Room 101
Miami, FL 33132, USA
PH: +1-305-371-3120
FX: +1-305-371-2211
E-mail: nsumiami@nsu.org
Norwegian Union of Marine Engineers
Post Box 2000 Vika
N-0125 Oslo, Norway
PH: +47-24 14 83 70
FX: +47-24 14 83 80
EM: post@dnmf.no
Visitors: Maritimt Hus
Rosenkrantz gate 15-17
Oslo, Norway
Caribbean Service Office:
Seafarers' House - Old San Juan
Plaza de Colon
401 Calle San Francisco
Viejo San Juan
Puerto Rico 00901
PH: +1-787-722-7575
FX: +1-787-722-7579
EM: info@seafarerspr.org
Associated Marine Officers’ and
Seamen’s Union of the Philippines
Seamen’s Center
Cabildo corner Sta. Pontenciana Ste.
Intramuros, Manila, Philippines
PH: +63-(0)2-527-8491
FX: +63-(0)2-527-3534
EM:s_center@amosup.org
Philippine Service Office:
c/oFil-Nor GAIN
G/F ECJ Building, Real corner
Arsobispo St., Intramuros
Manila, Philippines
PH: +63-(0)2-405-0210
FX: +63-(0)2-405-0220
EM: filnor@info.com.ph
Indonesian Service Center:
c/oKoperasiPelaut Bali
Jl. TukatBarito No.: 8A
Denpasar - Bali 80225
Indonesia
PH: +62 361 895 6408, Ext: 13
EM: iriani.thamrin@nsu.org
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The contents of this Agreement are correct at the date of print but may be amended from
time to time by mutual agreement of the Owners/Company and the Union. The latest
updated version may be obtained from the Owners/Company and the Union respectively
by request.
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