THE COLLECTIVE BARGAINING
AGREEMENT FOR CHINESE CREW (A)
This Collective Agreement is made and entered into by and between the
National Committee of the Chinese Seamen & Construction Worker’s
Union on one part and China Shipowners’ Association on the other part.
It is hereby agreed and the declared between the parties hereto as follows:
ARTICLE 1 GENERAL RULES
1. This Agreement is formulated for the purpose of promoting shipping
advance, establishing harmonious and stable labor relations, safeguarding
the legal rights and interests of Chinese seafarers, advancing their decent
work and in accordance with related national laws or regulations, related
conventions of ILO and IMO.
2. This Agreement should cover all Chinese seafarers, all ships owned or
operated by Chinese shipowners, and all the Chinese seafarer manning
agencies.
3. Chinese seafarers shall have the rights to participate in and form trade
union organizations, and carry out the trade union work pursuant to the
TRADE UNION LAW OF THE P.R.CHINA. The National Committee of
the Chinese Seamen & Construction Worker’s Union shall represent the
interests of the seafarers and protect the legal rights and interests of the
seafarers. The shipowners shall respect the seafarers’ rights to participate
in and form trade union organizations, and carry out the trade union work.
4. The shipowners shall sign labor contracts with the seafarers in
accordance with the LABOR LAW OF THE P.R.CHINA, LAW OF THE
P.R.CHINA ON EMPLOYMENT CONTRACTS, REGULATIONS OF
THE P.R.CHINA ON SEAFARERS and the related laws and regulations.
And the labor standard of the labor contracts shall not be lower than the
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rules of this Agreement.
The shipowners who recruit the dispatched seafarers shall ensure the
seafarers sign labor contracts with qualified service organizations, other
shipowners or related units.
5. The term “shipowner” in this Agreement means the owner of the ship
or another organization or person who has assumed the responsibility for
the operation of the ship from the owner and who has agreed to take over
the duties and responsibilities imposed on shipowners.
The term “seafarer” in this Agreement means a person who has obtained
the Seafarer’s Identity Document after being registered in accordance
with the provisions of the REGULATIONS OF THE P.R.CHINA ON
SEAFARERS, including the master, officer and rating.
The term “ship” in this Agreement means the merchant ship over
500GT and engaging in international voyages or operating Hong
Kong-Macao- Taiwan shipping lines, excluding the fishing vessel,
military-purpose vessel and sports vessel.
The term “basic wage” in this Agreement means the pay for normal
hours of work, it does not include payments for overtime worked,
bonuses, allowances, paid leave or any other additional remuneration.
ARTICLE 2 LABOR CONTRACTS AND MANAGEMENT
6. The shipowners shall conclude the labor contracts and establish the
employment relationships with the seafarers complying with the
principles of lawfulness, fairness, equality, free will, negotiated consensus
and good faith.
7. The standard labor contracts should be made on the basis of fully
heeding the opinions of the trade union and the seafarers and shall be
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delivered to the seafarers in advance so that they have ample time to
consult and research.
The duration of the probationary period shall conform to the related laws
and regulations.
8. When a shipowner is to terminate a labor contract unilaterally, it shall
give the trade union advance notice of the reason therefore. The trade
union has the right to represent the seafarer, give the views involving the
matters of the seafarer’ interests and make representations to the
shipowner, and protect the legal rights and interests of the seafarer.
9. The shipowners shall, according with related laws and regulations,
exercise the employment management, and institute employment
management system.
10. The shipowner may not terminate a labor contract hereof if the
seafarer:
10.1 Is engaged in operations exposing him to occupational disease
hazards and has not undergone a pre-departure occupational health
check-up, or is suspected of having contracted an occupational disease
and is being diagnosed or under medical observation;
10.2 Has been confirmed as having lost or partially lost his capacity to
work due to an occupational disease contracted or a work-related injury
sustained with the shipowner;
10.3 Has contracted an illness or sustained a non-work-related injury, and
the set period of medical care therefore has not expired;
10.4 Has been working for the shipowner continuously for not less than
15 years and is less than 5 years away from his legal retirement age;
10.5 Finds himself in other circumstances stipulated in laws or
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administrative statutes.
11. A seafarer shall be engaged for up to 8 months service on board a ship,
and such period may be extended or reduced by 2 months for operational
convenience. After accruing 8 months continuous service, the seafarer
shall be entitled to a extra increment in his wage, and such extra
increment shall not less than 10% of his basic wage.
ARTICLE 3 REMUNERATION OF LABOR, SOCIAL SECURITY
AND WELFARE
12. The shipowner shall establish and improve the collective bargaining
system and wage payment guarantee system to develop harmonious and
stable employment relationships.
13. The wages of the seafarer should be paid in a currency and not less
than the standard attached hereto in Annex One.
14. The shipowner shall arrange to pay the seafarers the remuneration of
labor in accordance with the agreement, including bank transfer and
home allotments.
The shipowners shall provide the seafarers with list of labor remuneration
on a regular basis, the list shall include labor remuneration structure and
deductions content. The two sides are free to agree the way to sign the
list.
15.The shipowners or employer shall ensure that the seafarers are entitled
to have paid annual leave and public holidays in accordance with the law
and the regulations.
A seafarer on standby means the seafarer who is temporarily unable to be
arranged to work on board, not due to the reasons of the seafarer, full
exercise of the right to rest, in accordance of laws and regulations of labor
and social security or the agreement of the collective contract or labor
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contract. The shipowner shall pay wages to the seafarers on standby,
which are not less than the minimum wages published by the people’s
government at the place where the shipowner is located.
16. The shipowner or the employer shall participate in work injury
insurance, medical insurance, old age insurance, unemployment insurance
as well as other social insurance in accordance with the relevant
provisions of the State, and shall pay premiums on time and in full.
The premiums of the seafarer’s portion in respect of his social insurance
shall be paid by the seafarer himself, or withheld or paid by the
shipowner or the employer in accordance with the relevant provisions of
the State, and the shipowner shall give the written report to the seafarer
regularly.
17. The trade unions have the right to supervise the payment of the
premiums of the shipowners’ portion in respect of the seafarers’ social
insurance.
ARTICLE 4 HOURS OF DUTY, REST PERIODS AND HOLIDAYS
18. The normal hours of duty should be eight hours per day.
19. The shipowner shall give the compensatory leaves or compensation to
the seafarer who has worked on Saturdays and Sundays.
20. The seafarers shall enjoy, in addition to the national official holidays,
a paid annual leave of at least five days after serving on board for every
two months according to the REGULATIONS OF THE P.R.CHINA ON
SEAFARERS.
21. The shipowners shall pay the seafarers the remunerations which are
not less than 300% of their basic wages if they work during the official
public holidays including New Year’s Day (1 day), Spring Festival(3
5
days), Festival for Sweeping the Graves(1 day), Labor Day(1day),
Dragon Boat Festival(1day), Mid-Autumn Festival(1 day), and National
Day(3 days).
22. Each seafarer shall have a minimum of 40 days rest if he has worked
on board for 8 months consecutively.
If a seafarer has more than eight months of continuous work on board a
ship, the shipowner shall ensure that the rest and vacation time for not
less than 40 days straight. In case a seafarer provides extended services,
continuous rest and vacation time shall be extended accordingly.
23. The limits on hours of work or rest should be as follows:
23.1 Maximum hours of work not exceed 14 hours in any 24-hour period;
and 72 hours in any 7-day period;
23.2 Minimum hours of rest shall not be less than 10 hours in any
24-hour period; and 77 hours in any 7-day period;
23.3 Hours of rest may be divided into no more than two periods, one of
which shall be at least 6 hours in length, and the interval between
consecutive periods of rest shall not exceed 14 hours.
24. Overtime shall be recorded individually and in duplicate either by the
Master or the Head of the Department. Such record shall be handed to the
seafarer for approval every two weeks or at shorter intervals. Both copies
must be signed by the Master and/or Head of the Department as well as
by the seafarer, after which the record is final. One copy shall be handed
over to the seafarer.
25. Under one of the following circumstances, the extension of working
hours are not subject to restrictions in the 23rd term above:
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Musters, fire-fighting and lifeboat drills, and safety drills shall be
conducted in a manner that minimizes the disturbance of rest periods and
does not induce fatigue. Any additional hours worked during an
emergency directly affecting the immediate safety of the ship, its
passengers, crew or cargo, or work required to give assistance to other
ships or persons in immediate peril shall not count for overtime payment.
ARTICLE 5 SHIP MANNING AND WATCHKEEPING
26. The ship should be seaworthy and competently, adequately manned so
as to ensure the minimum safe manning for the vessel and secure the
normal watchkeeping of the vessel in accordance with the standard of
IMO and ILO Conventions. And in no case the ship is manned at a lower
level than the applicable standard in accordance with relevant
international and national laws, rules and regulations.
27. Where the complement falls short of the agreed manning, the extra
compensation shall be paid to the replacement. In principal, the vacant
shall be filled at the next port of call as soon as possible.
ARTICLE 6 OCCUPATIONAL SAFETY AND MEDICAL
ATTENTION
28. The ship should have an occupational safety and health management,
and shall provide medicines most in use, necessary medical equipment
and facilities, and shall carry a seafarer with the approved medical
training.
29. The shipowner shall ensure that seafarers on its ships are provided
with occupational health protection and live, work and train on board ship
in a safe and hygienic environment, and they should undergo the training
of occupational safety, health protection and accident prevention.
30. The ship should have safety committee which is responsible for
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supervising safety and electing seafarer as safety representative to
participate in it, and effectively implementing the ship’s training of
occupational safety, health protection and accident prevention.
31. The shipowner shall provide seafarers with the adequate occupational
protective articles and necessary seasonal protective supplies in
accordance with the national standard.
32. The shipowner shall provide seafarers with the health protection,
establish the health records for them, and arrange medical examination
according to the national medical standards by the competent authorities
for seafarers every year
33. A seafarer who is hospitalized abroad owing to sickness or injury
shall be entitled to medical attention (including hospitalization) at the
shipowner’s expenses including the expenses of medical care and board
and lodging until the seafarer has recovered or his treatment has ended.
34. The shipowner shall buy life and health insurance and provide
relevant protective measures for the seafarers who serve on the vessels
traveling to or through war zones or epidemic areas or vessels carrying
toxic or hazardous substances.
35.The shipowner shall provide labor safety and sanitation equipment and
arrange labor safety and health knowledge training when employing
female seafarers required by “ the law on the rotection of the Rights and
Interests of Women of PRC” and “Special Provisions of the labor
Protection of Women Workers”. The shipowner shall provide female
seafarers with necessary protections in menstrual, pregnancy, birth and
feeding periods according to the laws and regulations, and bear the cost
of related inspection fees according to the provisions of the national
maternity insurance.
ARTICLE 7 FOOD, ACCOMMODATION, BEDDING AND
RECREATIONAL FECILITIES
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35. The ship shall provide the seafarers the following items:
35.1 Food in line with the food standard of ILO and having regard to their
religious requirements and cultural background, and the necessary mess
utensils;
35.2 Sleeping rooms and beddings according with the international
conventions;
35.3 Laundry facilities;
35.4 The size of the accommodation spaces and recreational facilities in
accordance with the international conventions;
35.5 Heating and ventilation;
35.6 Sanitary facilities;
35.7 Lighting.
36. The standard of seafarer’s food allowance should be not less than the
standard attached hereto in Annex Two.
37. The shipowner shall provide nutritious, hygienic food and
accommodation if these are not provided on board the ship.
38. The shipowner shall, when feasible, provide the seafarers with
convenient condition of onboard communication.
ARTICLE 8 SERVICE IN WAR ZONES, EPIDEMIC AREAS OR
PIRACY REGIONS
38. Where a ship enters into a war zone, epidemic area or piracy region, a
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seafarer shall be given full information of this zone, ship’s voyage, port of
call and necessary protective measures.
39. During the assignment a seafarer shall have the right not to proceed to
a war zone or epidemic area, and in which event the seafarer shall be
repatriated at shipowner’s cost.
40. Where a ship enters into a war zone or epidemic area, the seafarer
shall be paid a bonus equal to 100% of the basic wage for the duration of
the ship’s stay in such area subject to a minimum of five days’ pay.
41. Where a ship enters into a piracy region, the seafarer shall be paid a
bonus according to the international requirements. The seafarer who is
injured or died due to pirate attacks, should be compensated according to
the terms and conditions of the war zone.
ARTICLE 9 MEDICAL CARE, SICK PAY, DISABILITY, LOSS OF
LIFE-DEATH IN SERVICE AND INSURANCE COVER
42. The shipowner shall timely provide medical treatment for the sick or
injured seafarers serving on board until they have been cured, or until the
sickness or incapacity has been declared of a permanent character, or
until the appointed term of medical treatment has completed.
The term of medical treatment is in accordance with the REGULATION
OF THE TERM OF MEDICAL TREATMENT published by the Ministry
of Human Resources and Social Security of the P.R.China.
During the term of medical treatment of the work-related injuries, the
seafarer shall be paid full cost of medical and full wages.
During the term of medical treatment of sick on board ,the seafarer shall
be paid full cost of medical and the wage no less than wage of official
rest.
43. A seafarer who dies or suffers permanent disability as a result of an
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accident whilst in the employment including accidents occurring while
travelling to or from the ship, shall be entitled to timely compensation
according to the provisions of the Labor Contract or related laws and
regulations.
44. The shipowner shall insure the seafarers proceeding to sea on board
for crew risks, which shall include death, sickness, injury and disability,
with a first class insurance company, underwriter or protection and
indemnity association. The shipowner shall inform the seafarers of the
insured in writing, and the seafarers shall not pay for the insurance costs.
The shipowner shall be responsible for recoursing the indemnity and
forward it to the seafarers or the descendants of the seafarers fully and in
time.
45. A seafarer or his descendant can choose commercial insurance
settlement of social insurance settlement if they meet the payment
conditions of commercial insurance, as well as social insurance; if the
case is consistent with payment terms of both commercial insurance and
social insurance when the seafarer is sick, or dies or suffers permanent
disability.
46. The shipowner shall pay the seafarer wages, bear the cost of
transporting the ashes or remains and the deceased’s personal relics back
to his home when a seafarer dies abroad including accidents occurring
while travelling to or from the ship.
ARTICLE 10 REPATRIATION
47. When serving on board, a seafarer may ask for repatriation in any of
the following circumstances:
47.1 The seafarer’s labor contract expires or is terminated in accordance
with law;
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47.2 The seafarer is incompetent to perform the duties of his post on
board;
47.3 The seafarer’s spouse, or child, or a parent has died or has fallen
dangerously ill;
47.4 The vessel is lost;
47.5 The shipowner is unable to continue to fulfill its legal or contractual
obligations for its seafarers by reason of bankruptcy, sale of the vessel,
change in vessel’s registration or other reasons;
47.6 In the event of force majeure.
48. A seafarer may choose the place of repatriation from among the
following places:
48.1 The place where he is recruited or he first assumes his post on board;
48.2 The place of residence or registered permanent residence of the
seafarer, or the vessel’s registry;
48.3 The place agreed upon by the seafarer and the shipowner.
49. The shipowner shall pay the cost of repatriation of seafarers from the
ship back to his employment port.
During the probationary service the shipowner shall be entitled to
terminate the employment and repatriate the seafarer if the shipowner
finds the seafarer is unfit for his duty. If the seafarer agreed, the
shipowner shall reduce him to a lower rank. But if the seafarer chooses to
be repatriated, the cost of repatriation shall be the responsibility of the
shipowner.
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50. Repatriation shall take place in a reasonable manner. During
repatriation, the shipowner shall be liable for the costs of accommodation
and food, travel and the other costs as per the agreement.
ARTICLE 11 TERMINATION OF EMPLOYMENT
51. A seafarer may terminate employment by giving 30 day’s written
notice of termination to the shipowner or the Master of the ship, except
for the regulations stipulated by the LABOR LAW OF THE P.R.CHINA,
LAW OF THE P.R.CHINA ON EMPLOYMENT CONTRACTS,
REGULATIONS OF THE P.R.CHINA ON SEAFARERS.
52. A seafarer may terminate employment and ask for repatriation:
52.1 If the seafarer was employed for a specified voyage, and the voyage
is subsequently altered substantially, after consultations to adjust the
routes, shipowners and seafarers are unable to reach a consensus.
52.2 If the ship is certified substandard in relation to the applicable
provisions the Safety of Life at Sea Convention(SOLAS) 1974 or Port
State Inspection; and the permanent ship's deficiencies can not be
repaired, so the shipowner can not continue to fulfill contractual
obligations.
A seafarer shall be entitled to repatriation, the shipowner should agree,
and pay the corresponding costs of repatriation.
53. Refusal by any seafarer to obey an order to sail the ship shall not
amount to misconduct of the seafarer where:
53.1 The ship is unseaworthy or otherwise is substandard as defined in
the applicable provisions the Safety of Life at Sea Convention(SOLAS)
1974 or Port State Inspection;
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53.2 For any reason it would be unlawful for the ship to sail, in case the
ship fails to meet the requirements for safe navigation, or may threaten
the safety of lives, property and the ship, or may cause pollution to the
waters, or may threaten the safety of navigation.
54. A seafarer shall be entitled to receive compensation on termination of
their employment in accordance with LAW OF THE P.R.CHINA ON
EMPLOYMENT CONTRACTS and the other laws or regulations.
During the voyage, the Master and officers shall not resign, leave or
suspend their duties without permission.
A seafarer shall undertake certain economic responsibilities on
unauthorized leave and causing economic losses to the shipowner.
ARTICLE 12 SEAFARER’S COMPLAINTS AND LABOR
DISPUTES
55. The shipowner shall provide to seafarers decent working and living
conditions on board ship. Each seafarer shall be entitled to work, train
and live in an environment free from maltreatment and discrimination
based upon race, color, sex, religion, national extraction or social origin.
56. In cases of labor disputes, the seafarers shall submit the claim or
dispute to the trade union on board ship or trade union at a higher level.
When a labor dispute arises, the parties do not want, or unsuccessfully to
negotiate a settlement agreement, or non-compliance, then they may
apply for conciliation or mediation organizations have jurisdiction over
the labor dispute arbitration committee for arbitration, and they may also
take legal proceedings at the maritime court who has direct jurisdiction
according to The People's Republic of China Maritime Law of the special
procedures of the proceedings.
57. The seafarers shall make complaints to the National Committee of the
Chinese Seamen & Construction Worker’s Union or China Shipowners’
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Association if they found the ship is not in accordance with the labor
standard of this Agreement. Or they can complain to the maritime safety
administrations where the ship called on or their labor contract signed.
ARTICLE 13 TRAINING FOR SEAFARERS
58. The shipowner shall institute vocational training system, collect and
administer the vocational training funds, conduct the vocational training
to the seafarers in a planned way, strengthen their employment and
working ability, promote the overall quality of Chinese seafarers.
59. The shipowner shall agree with the seafarer on a definite employment
period if the shipowner has provided funds for his training. And the
seafarer shall pay the penalty for breaching of the agreement to the
shipowner according to the related regulations or laws.
ARTICLE 14 SUPPLEMENTARY PROVISIONS
60. The labor standard on board merchant ship less 500GT and engaging
in international voyages or operating Hong Kong-Macao-Taiwan
shipping lines is in accordance with this Agreement.
61. The shipowner shall, if so need, choose a manning agency with valid
license issued by Chinese Maritime Safety Administration.
The shipowner shall guarantee that the labor standards of seafarers in
AGENCY AGREEMENT will not less than the standard specified in this
Agreement.
The seafarer manning agency shall guarantee that the labor standards of
seafarers in EMPLOYMENT CONTRACT will not less than the standard
specified in this Agreement.
62. This Agreement will be signed in Chinese and English, each in six
copies, and the Chinese version shall prevail.
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63. The terms and conditions of this Agreement shall be reviewed, and
amended by two parties when this Agreement has been valid for 9
months.
64. The amendments and additions to this Agreement shall be agreed
mutually by two parties in writing and signed by two parities and to be
considered incorporated in this Agreement.
65. This Agreement shall be valid from April 1, 2012 to December 31,
2012. The parties shall assess the text of the Agreement before the
expiration of the Agreement, if there is no objection, this Agreement is
automatically renewed for one year.
Signed on behalf of:
National Committee of the
Chinese Seamen and Construction
Worker’s Union
Signed on behalf of:
China Shipowners’ Association
＿＿＿＿＿＿＿＿＿＿＿＿
＿＿＿＿＿＿＿＿＿＿＿＿＿
Mr. Yao Jiuqiang
Mr. Li Shanmin
Chairman of National Committee
Chairman of Seamen’sCommittee
China Shipowners’ Association
Of the Chinese Seamen and
Construction Worker’s Union
Date: March 9，2012
Date: March 9，2012
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Annex One
THE MINIMUM BASIC WAGES SCALE 2012
POSITION
BASIC WAGE(USD)
1870
1700
1375
1207
1207
966
966
966
932
932
966
672
620
620
620
620
620
555
555
555
555
473
413
413
1. Master
2. Chief Engineer
3. Commissar
4. Chief Officer
5. First Engineer
6. Second Officer
7. Second Engineer
8. Radio Officer
9. Third Engineer
10. Third Officer
11. Electrical Engineer
12. Purser
13. Bosun
14. No.1 Oiler
15. Chief Cook
16. Carpenter
17. Doctor
18. AB
19. Fireman
20. Oiler
21. Steward
22. Messboy
23. OS
24. Wiper
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Annex Two
THE MINIMUM FOOD ALLOWANCE STANDARD
International voyages: USD 8/person/day
South-Eastern shipping line: USD 6/person/day
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