terms and conditions of employment · assign officers from seabourn cruise line limited (scl) to...
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690-00-00.2018-2020 (2019.12.26 - Final)
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, 2018
Contents: ARTICLE 1. APPLICATION 1 ARTICLE 2. DEFINITIONS 3 ARTICLE 3. EMPLOYMENT COMMENCEMENT/RENEWAL EXPENSES 5 ARTICLE 4. PROBATIONARY PERIOD 6 ARTICLE 5. TERMINATION OF EMPLOYMENT 6 ARTICLE 6. DISMISSAL FOR CAUSE 8 ARTICLE 7. WAGES, PUBLIC HOLIDAYS, AND FORMS OF PAYMENT 10 ARTICLE 8. GROUPS OF SEAFARERS 12 ARTICLE 9. WORKING HOURS 15 ARTICLE 10. REST PERIODS 16 ARTICLE 11. TOURS OF DUTY 16 ARTICLE 12. PAID LEAVE 17 ARTICLE 13. RECONCILIATION 19 ARTICLE 14. COMPASSIONATE LEAVE 20 ARTICLE 15. REPATRIATION 21 ARTICLE 16. MANNING 22 ARTICLE 17. TRAINING 22 ARTICLE 18. CERTIFICATES OF COMPETENCY / SMS COMPLIANCE 23 ARTICLE 19. MEDICAL ATTENTION, SICK PAY, AND MAINTENANCE 23 ARTICLE 20. MATERNITY 25 ARTICLE 21. LOSS OF LIFE INSERVICE 26 ARTICLE 22. DISABILITY 26 ARTICLE 23. FOOD, ACCOMMODATIONS, UNIFORMS, AND SAFETY EQUIPMENT 23 ARTICLE 24. LOSS OF PERSONAL EFFECTS 29 ARTICLE 25. PENSION AND SOCIAL SECURITY 29 ARTICLE 26. SPOUSES AND PARTNERS 30 ARTICLE 27. THIRD PARTY EMPLOYMENT 30 ARTICLE 28. SERVICE IN WARLIKE OPERATIONS AND HIGH RISK AREAS 30 ARTICLE 29. SHIPBOARD SAFETY COMMITTEE AND SAFETY REPRESENTATIVE 31 ARTICLE 30. USE OF ELECTRONIC MAIL AND INTERNET 32 ARTICLE 31. UNIONS FEES, WELFARE FUND, AND REPRESENTATION OF SEAFARERS 33 ARTICLE 32. CARGO HANDLING 34 ARTICLE 33. WAIVER AND ASSIGNMENTS 35 ARTICLE 34. DISPUTE RESOLUTION PROCEDURE 35 ARTICLE 35. ARBITRATION PROCEDURE 38 ARTICLE 36. JURISDICTION / GOVERNING LAW 40 ARTICLE 37. SEPARABILITY 40
ARTICLE 38. AMENDMENTS TO AND DURATION OF AGREEMENT 40 SIGNATURE PAGE 41 ANNEX A: EMPLOYMENT CONTRACT 42 ANNEX B: WAGE SCALES 43 ANNEX C: MODEL RECEIPT AND RELEASE FORM FOR CONTRACTUAL CLAIMS 44 ANNEX D: UNIFORMS 45 ANNEX E: DRUG AND ALCOHOL POLICY 54 ANNEX F: AMOSUP PROTOCOL 55 ANNEX G: WAR AND HIGH RISK PROTOCOL 65
USEFUL ADDRESSES 66
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ARTICLE 1 - APPLICATION
A. This Collective Bargaining Agreement (“the Agreement”) between Seabourn Cruise Line Limited (“the Owners/Company”) and the
Norwegian Seafarers’ 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 Encore, Seabourn Ovation, Seabourn Odyssey, Seabourn Sojourn, Seabourn Quest and 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 recognize that the Union, acting on behalf of
itself and the Norwegian Maritime Officer’s Association, the Norwegian Unions of Marine Engineers and the Associated Marine Officers’ and Seamen’s Unions of the Philippines,(“the Unions”), 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 have 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 warrant 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
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the terms and conditions of this Agreement and to enter into individual
contracts of employment.
C. The parties agree that pursuant to the Maritime Labour Convention of 2006 (“MLC”) the terms 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 onboard 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 shipowners in accordance with the MLC, regardless of whether any
other organization or persons fulfil certain of the duties or responsibilities on behalf of the shipowner.
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, that is engaged in recruiting Seafarers on behalf of
shipowners or placing Seafarers with shipowners.
D. From time to time, on an infrequent basis, 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 particular Vessel. Otherwise, the standard terms and conditions
applicable to all Seafarers employed on the Vessels are provided for in this Agreement.
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 Unions on all terms and conditions of employment covered by this Agreement.
As and when the Unions confirms that an amendment to the terms
and conditions is agreed upon, the Owners/Company is entitled to proceed upon the basis that the Unions has consulted with Seafarers as necessary. Therefore, on confirmation of the agreement by the
Unions, each Seafarer will be bound by the accepted amendment commencing with his or her next sailing assignment following receipt
of the Unions confirmation.
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G. In order to maintain the spirit of cooperation and ensure continued business operations, the Owners/Company and the Unions agree that
during the term of this Agreement, there shall be no strikes or similar actions.
H. The Owners/Company are obligated to enter into an individual
employment contract with each Seafarer, substantially equivalent to
the form included in Annex A hereto, which incorporates the terms and conditions of this Agreement. Such individual employment contract
shall be effective for the term stated therein or otherwise until terminated pursuant to this Agreement.
I. Seafarers shall be provided with a copy of his or her 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 - DEFINITIONS
A. Annual Leave - is the minimum number of days of paid Leave per year
of service, as required by applicable law or the MLC 2006 standard, whichever is greater.
B. Annual Sailing Period / Annual Sailing Period Range– is stated as the number of Days of Service (defined below), or the range of the
number of Days of Service, per calendar year applicable to each Seafarer as determined by the Group in which the Seafarer is classified pursuant to Article 11 (Tours of Duty).
C. Annual Wage(s) - apply to Seafarers paid on an annualized twelve-
month basis. These are Fully Consolidated Wages (as defined in Article 7.A.3.a.) consisting of Basic Wagesfor all Normal Hours of Work, work performed on Saturdays, Sundays and Public Holidays,
Overtime Wages and Leave (both Annual and Compensatory).Seafarers receiving Annual Wages are paid monthly in
arrears (“Monthly Wage”) equivalent to 1/12th of the Annual Wage.
D. Basic Wages- means the pay for Normal Hours of Work (as defined
below); it does not include payments for any overtime worked, bonuses, allowances, Leave Pay (as defined herein) or any other
remuneration.
E. Compensatory Leave - is compensation paid for Days of Service performed on Public Holidays.
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F. Days of Service – are the days a Seafarer performs work in the service
of the Vessel, and are scheduled according to the Seafarer’s Sailing-Leave roster as determined by the Annual Sailing Period for each
Seafarer Group, as further set forth in this Agreement. Days of Service also include travel to and from the Vessel, as well as between
Vessels as instructed by Owners/Company, and training days in excess of the 10-day allowance established in this Agreement.
G. Fixed Overtime -hours worked in excess of the Normal Working Hours, up to a maximum of 130 hours/month, subject to compliance with the
required rest periods, as set forth herein, i.e., a minimum of ten (10) hours off duty/rest in any period of twenty four (24) hours, and seventy-seven (77) hours off duty/rest 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/rest. The interval
between consecutive periods of off duty/rest shall not exceed fourteen (14) hours.
H. Groups of Seafarers- classifications of Seafarers as defined and referenced in this Agreement and as listed in the Wage Scales,
attached hereto at Annex B. I. Hourly Rate–compensation rate per hour, as further set forth in the
Wage Scales, attached hereto at Annex B.
J. Leave - Except for days as to which a Seafarer’s Annual Wage is reduced under Article 13 (Reconciliation) or for Sick Pay days, all days of a calendar year that are not Days of Service shall be Leave Days.
K. Leave Pay - is compensation earned based on a certain number of
days per month for every month of service, depending on the Seafarer’s Group, as set forth in the Seafarer’s applicable Wage Scale. Leave Pay is based on the Basic Wage and is in addition to the
Minimum Monthly Compensation.
L. Normal Hours of Work is defined as forty (40) hours of work per week, eight (8) hours per day, Monday through Friday.
M. Sailing Leave Roster–a schedule setting forth the sailing assignments
(Tours of Duty) and Leave periods for each Seafarer Group, as further
described in this Agreement.
N. Supplemental Pay – compensation paid to a Seafarer in addition to his or her Annual Wage for work performed in addition to the Seafarer’s standard assignment, and on days that the Seafarer would normally be
on Leave, e.g., supplemental pay for serving as an onboard trainer as assigned by Owners/Company.
O. Total Monthly Wages–total of wages paid monthly in arrears to each
Seafarer that is subject to Partially Consolidated Wages (as defined in
Article 7.A.3.b.), consisting of the Basic Wage, work performed on Saturdays, Sundays and Public Holidays,Fixed Overtime and Leave
Pay, as further set forth in the relevant Wage Scales attached hereto
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at Annex B. Variable Overtime (overtime work in excess of 130
hours/month) is compensated at the Variable Overtime rate applicable for the involved Group
P. Variable Overtime - overtime work in excess of 130 hours/month
(Fixed Overtime limit); Variable Overtime hourly rates are specified in the relevant Wage Scales attached hereto at Annex B.
Q. Wage Scales – charts attached hereto within Annex B, setting forth the rates and/or ranges of compensation paid to each applicable position
within the Groups of Seafarers.
ARTICLE 3 - EMPLOYMENT COMMENCEMENT/RENEWAL EXPENSES
A. Statutory/Pre-employment 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. Additional Medical Examination Requirements:
The Seafarer’s employment is also subject to and conditioned upon the Seafarer undertaking and passing a Company medical examination on
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 will pay for all costs of obtaining such additional medical examinations in excess of the statutory requirements,
pursuant to the below.
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 non-Company-designated medical facilities will be paid for solely by the
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Seafarer and exam results from such facilities may not be accepted by
the Owners/Company. 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.
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 major international airport nearest to the Seafarer’s residence and
the Vessel. Reasonable expenses will be met for accommodation, meals, bus fares, and similar expenses based 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.
4. 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
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 4 - PROBATIONARY PERIOD
The Seafarer shall sign an Employment Contract in substantially the form of Annex A hereto. The Seafarer shall be subject to a probationary period of
the shorter of ninety (90) days or the duration of the first sailing assignment following the initial training assignment. After such period, the Seafarer will be assessed for suitability for continued employment.
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ARTICLE 5 - 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:
a. If the Seafarer is within his or her Days of Service, by notifying the other in writing before he or she completes the sailing assignment.
b. 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.
c. 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 A1, M1 and M2, on an Annualized Employment Contract:
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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 onboard 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 in the following instances, subject to severance, as further stated below in subsection 4:
a. upon the total loss of the Vessel;
b. when the Vessel has been laid up for a continuous period of at least one (1) month;
c. upon the sale of the Vessel;
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.
4. With respect to the events stated above in 3.(a) thru (e), Owners/Company shall pay the following severance:
a. 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.
b. For Seafarers in Groups M1 and M2, the severance shall be one (1) month of his or her Total Consolidated Wages and the costs of
repatriation.
c. For the Master, Chief Engineer and Hotel Director, the severance shall be six (6) months of his or her Total Consolidated Wages and the
costs of repatriation.
5. With respect to the events stated above in 3.(a) thru (e),
Owners/Company shall not pay severance in the event Owners/Company offer a similar position to Seafarer within Holland
America Group, with no reduction in the Seafarer’s current wages or benefits to the extent such benefits are based on wages. The Seafarer
is not entitled to such severance if he or she refuses to accept such sailing assignment.
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ARTICLE 6 - DISMISSAL FOR CAUSE
1. Subject to the hearing provided for hereunder and the Seafarer’s right to the dispute resolution procedure described in 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 offense 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 of insobriety, or illegal drug abuse; 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
onboard the ship concerned, to say whether the misconduct is admitted or otherwise, to call any witnesses and to question them
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 a copy thereof provided to the Seafarer. Such
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decision 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 7 - WAGES, PUBLIC HOLIDAYS, AND FORMS
OF PAYMENT A. Wages:
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 (as defined below); it does not include payments for overtime worked, bonuses, allowances, Leave Pay 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.
3. Wages may be fully or partially consolidated as follows:
a. Fully Consolidated Wages means a wage or salary which
includes the basic pay and other pay-related benefits. A
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consolidated wage includes compensation for all overtime
hours worked (Fixed and Variable Overtime), including those worked on Saturdays, Sundays, and Public Holidays.
As defined hereunder, the following Groups are subject to
Fully Consolidated Wages: M1, M2, A1, and A2. b. Partially Consolidated Wages include all regular work hours
and work performed on Saturdays, Sundays and Public Holidays, Fixed Overtime work and Leave Pay. Variable
Overtime (overtime work in excess of 130 hours/month) is compensated at the Variable Overtime rate applicable for the involved Group.
As defined hereunder, the following Groups are subject to
Partially Consolidated Wages: M3, M4, B1, B2, C, 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, Araw ng Kagitingan (Bataan and Corregidor Day) (April 9th), Labour Day (May 1), Philippine Independence Day (June 12),
National Heroes Day (Last Sunday of August), All Saints Day (November 1st), Bonifacio Day (November 30th), Christmas Day (December 25th), and
Rizal Day (December 30th). Compensation for work performed on Public Holidays by Seafarers is paid
in the form of Compensatory Leaveat the rate of 1.5 days Basic Wage per month of service and is included in their Total Monthly Wages.
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 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 Unions recognize that the Owners/Company must adhere to the rules
and regulations established by the Philippines Overseas
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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 onboard, 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 8 - 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. M1 and M2 DECK & ENGINE OFFICERS:
1. Groups M1 and M2
a. Group M1Officers (Fully Consolidated Wages):
Seafarers in Group M1 are employed on an annual basis with
Annual Wages to be within the range for the applicable position
shown in Wage Scale 2B, which is reflected in Euros. Employees
in Group M1 may choose to be paid in Euros, USD, GBP 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
Leave Pay.
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b. Group M2 Officers (Fully Consolidated Wages):
Seafarers in Group M2are employed on an annual basis with Annual Wages to be within the range for the applicable position shown in Wage Scale 2B, which is reflected in Euros. Employees
in Group M2may choose to be paid in Euros, USD, GBP 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, all overtime work and Leave Pay.
B. M3 and M4 DECK & ENGINE:
Group M3: Supervisors (Partially Consolidated Wages):
Seafarers in Group M3 are 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, Public Holidays, Fixed Overtime work and Leave
Pay. Variable Overtime (work in excess of 130 hours/month) is
compensated at the Variable Overtime hourly rate specified in Column
6. 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 (Partially Consolidated Wages):
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 an
approximate 8 months on- 3 months off Sailing Leave Roster. The
Monthly Wage is calculated to include all regular work and work
performed on Saturdays, Sundays, Public Holidays, Fixed Overtime
work and Leave Pay. Variable Overtime (work in excess of 130
hours/month) is compensated at the Variable Overtime hourly rate
specified in Column 6. 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.
Apprentices or Trainees in the Deck or Engine Departments
The Owners/Company may hire Apprentices and/or Trainees in the Deck or
Engine Departments. In such event, the Owners/Company shall 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.
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C. MARINE HOTEL/CATERING GROUPS:
Group A1: Supervisors (Fully Consolidated Wages):
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 H1.
Wage Scale H1 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, USD or GBP, and
individuals in this Group are on a 4 months on- 2 months off Sailing
Leave Roster, except for Hotel Director who are on a 3 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, all overtime work and Leave Pay.
Group A2: Supervisors (Fully Consolidated Wages):
Seafarers in Group A2 are employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale H1. All
salaries are in Euros, USD or GBP 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 Leave
Pay.
Group B1: Skilled Personnel (Partially Consolidated Wages):
Seafarers in Group B1are employed on a fixed term basis and are compensated in accordance with Column 6 of Wage Scale H1. All salaries are in Euros, USD or GBP 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, Fixed Overtime work and Leave Pay. Variable Overtime (work in excess of the included 130 hours/month overtime) is compensated at the Variable Overtime hourly rate specified in Column 7.
Group B2: Skilled Personnel (Partially Consolidated Wages):
Seafarers in Group B2are employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale H1. All salaries are in USD, 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, Fixed Overtime work and
Leave Pay. Variable Overtime (work in excess of the included 130 hours/month overtime) is compensated at the Variable Overtime
hourly rate specified in Column 7.
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Group C: Service Personnel (EURO)(Partially Consolidated Wages):
Seafarers in Group Care employed on a fixed term basis and are
compensated in accordance with Column 6 of Wage Scale H1. All
salaries are in Euros, USD or GBP, 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, Fixed Overtime work and
Leave Pay. Variable Overtime (work in excess of the included 130
hours/month overtime) is compensated at the Variable Overtime
hourly rate specified in Column 7.
Group D: Other Personnel (Partially Consolidated Wages):
Seafarers in Group Dare employed on a fixed term basis and are compensated in accordance with Column 6 of Wage Scale H1. All salaries are in U.S. Dollars and individuals in this Group are on an approximate8- 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, Fixed Overtime work and Leave Pay. Variable Overtime (work in excess of the included 130 hours/month overtime) is compensated at the Variable Overtime hourly rate specified in Column 7.
Group E: Utility Personnel (Partially Consolidated Wages):
Seafarers in Group E are employed on a fixed term basis and are compensated in accordance with Column 6 of Wage Scale H1. All salaries are in U.S. Dollars and individuals in this Group are on an approximate 8-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, Fixed Overtime work and Leave Pay. Variable Overtime (work in excess of the included 130 hours/month overtime) is compensated at the Variable Overtime hourly rate specified in Column 7.
Apprentice or a Trainee in a Marine Hotel Position
The Owners/Company may hire Apprentices and/or Trainees in the Marine
Hotel Department. In such event, the Owners/Company shall 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 9 - 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
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compensation for one hundred and thirty (130) Fixed Overtime hours per
month. Any Variable Overtime shall be paid at the hourly rate stated in the
Wage Scales in 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 Variable Overtime, all hours
in excess of the Fixed Overtime hours defined above shall be paid at the Variable Overtime 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 Variable Overtime payment.
ARTICLE 10 - 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. ARTICLE 11 - TOURS OF DUTY 1. The Owners/Company has different sailing-Leave rosters, namely:
a. 3 months on – 3 months off b. 4 months on – 2 months off
c. 6 months on – 2 months off d. 8 months on – 3 months off
2. Article 8 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 sailing-
Leave roster referred to in Paragraph 1a or in 1b. If the Owners/Company makes such designation, it shall first agree with the
Unions 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
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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, pursuant to Article 13, should always take place annually
and promptly when the Seafarer’s employment ends.
6. 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. Reconciliation of sailing period and Leave Days, pursuant to Article 13, should always
take place annually and promptly when the Seafarer’s employment ends.
7. For Hotel Seafarers in Group A1 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 183 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. Reconciliation of sailing period
and Leave Days, pursuant to Article 13, should always take place annually and promptly when the Seafarer’s employment ends.
8. For Hotel Seafarers in Group A1 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 240 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 240
Days of Service during a calendar year. Reconciliation of sailing period and Leave Days, pursuant to Article 13, should always take place
annually and promptly when the Seafarer’s employment ends.
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ARTICLE 12 - PAID LEAVE
A. ANNUAL AND COMPENSATORY LEAVE (DEFINITIONS):
1. Annual Leave is the minimum number of days of paid Leave per year of service, as required by applicable law or the MLC 2006
standard, whichever is greater.
2. Compensatory Leave is compensation paid for days of service performed on Public Holidays.
B. LEAVE FOR SEAFARERS EMPLOYED ON AN ANNUAL BASIS:
1. These provisions shall only apply to Seafarers paid on an annualized twelve-month basis. Leave is consolidated into the Annual Wage. Except for days as to which a Seafarer’s Annual
Wage is reduced under Article 13 (Reconciliation) or for Sick Pay days, all days of a calendar year that are not Days of Service
shall be 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.
3. 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 Article 13.
b. days as to which a Seafarer is paid under Article 13, for working in excess of their Annual Sailing Period, and
c. Sick Pay days.
4. Each Seafarer on a 4 months on- 2 months off sailing-Leave roster shall earn one-half annual and Compensatory Leave day
for every Day of Service excluding:
a. days as to which the Seafarer is receiving the onboard training surcharge under Article 13,
b. days as to which a Seafarer is paid under Article 13, for working in excess of their Annual Sailing Period, and
c. 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 based on a pro-rata calculation.
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6. If a Seafarer requires extra Leave (off pay), beyond their
earned Annual and Compensatory Leave entitlement, prior application must be given to the Owners/Company in writing.
C. 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 M3
M4. 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. 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 H1. 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.
Parts of a month shall be prorated, with one-thirtieth (1/30) being equal to one day.
ARTICLE 13– RECONCILIATION Surcharges for Seafarers Subject to Annual Wages:
A. The provisions of this Article shall only apply to Seafarers employed on an annual basis. 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;
B. 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;
C. 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 applicable, then the Seafarer shall be additionally paid their Daily
Wage for each additional Day of Service. For purposes of this
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Agreement, “Daily Wage” is defined as: (i) for Hotel Seafarers
covered by Wage Scale H1, their Monthly Wage, as shown in Column 8, multiplied by twelve (12) and divided by 360; (ii) for Deck and
Engine Seafarers covered by Wage Scale M1 M2, their Annual Wage divided by 360.
D. To the extent the additional days are served at the authorization of the Owners/Company, a 5% surcharge shall be applicable to the Daily Wage for such additional days. Training, meeting, travel and overlap
days are not eligible for the 5% surcharge;
E. 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
F. 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 or for purposes of determining the Seafarer’s actual Days of Service in relation to their Annual Sailing Period under paragraphs C., D., or E. of this Article 13. 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.
G. 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, 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.
H. The Owners/Company reserves the right to transfer a Seafarer between Vessels. Transfer between Vessels shall count as Days of
Service. ARTICLE 14 - 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 defined in Owners/Company’s SMS Policy (currently defined as spouse, children, father,
mother, brother, sister, father-in-law or mother-in-law). If such termination
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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 15 - 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) By the shipowner without cause; or
(ii) By the Seafarer for justified reasons as expressly stated
herein.
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.
B. 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.
C. 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;
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2. The major international airport nearest to the Seafarer’s residence, or Manila or Cebu, as applicable, for the Seafarers
subject to the AMOSUP Protocol; 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
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 16 - MANNING The Owners/Company will comply with the manning scales as specified by
the Vessel’s flag state and shall have sufficient number of Seafarers employed onboard 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 17 - 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 Article13. Training days in excess of the
10 day allowance shall be counted as Days of Service.
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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.
ARTICLE 18 - 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 onboard.
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.
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 this Agreement.
ARTICLE 19 - 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 or arising
24
from their employment between those dates, including
Owners/Company sponsored training or meetings, as well as travel to the extent related to Service of the Vessel.
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 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 one-
hundred-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
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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 Pre-
Employment medical examination; or
c. If the sickness or injury is directly attributable to the Seafarer’s
willful misconduct.
ARTICLE 20 - 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;
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(iv) After taking into consideration the Seafarer’s medical history, shipboard
life, job description, and any special circumstances, the Seafarer’s Shoreside OB/GYN must grant medical permission to sail for a specific
period of time in order for the Seafarer to remain onboard. 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 twelve (12) 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.
ARTICLE 21 - LOSS OF LIFE INSERVICE
If a Seafarer dies while in the service of the Vessel, to the extent such death
occurs between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates, including travel related to Service of the Vessel, the Owners/Company
shall be paid the following sums:
For Groups M4, B1, B2, C, D and E: USD 105,000; For Groups M3 andA2: USD 120,000; and For Groups M1, M2 and A1: USD 140,000,
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 Annex C. ARTICLE 22 - DISABILITY
1. A Seafarer who suffers an occupational injury or permanent disability as a result of an accident, illness, occupational injury, or hazard, (“incident”)while in the Service of the Vessel, and regardless of fault, where the Seafarer’s ability to work is reduced as a result thereof,
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shall in addition to Sick Pay, be entitled to compensation according to the provisions of this Agreement. Shipowner liability shall extend to incidents: (a) occurring between the date of commencing duty and the date upon which the Seafarer is deemed duly repatriated; and/or (b) arising from the Seafarer’s employment between those dates, and travel related to Service of the Vessel.
2. The disability suffered by the Seafarer shall be determined by a qualified doctor appointed by or on behalf of the Seafarer (“assessment”). If a doctor appointed by or on behalf of the Owners/Company disagrees with such assessment, a third doctor may be nominated jointly between the Owners/Company and the Seafarer, and the decision of this third doctor shall be final and binding on both parties. In the event, the Owners/Company and the Seafarer are not able to agree on the selection of such third doctor, the Owners/Company and Seafarer agree that they each shall provide the names of three doctors authorized to issue statutory medical certificates in the country of the Seafarer’s residence, subject to flag state approval. From the six names provided and entered into an Excel spreadsheet, one shall be selected by using the random selection feature. Such third doctor’s findings will prevail.
3. The Owners/Company shall provide disability compensation to the
Seafarer in accordance with the following amounts (in USD)
representing 100%, prorated based on the degree of impairment:
For Groups M4, B1, B2, C, D and E: USD 110,000; For Groups M3 and A2: USD 130,000; and
For Groups M1, M2 and A1: USD 150,000
4. A Seafarer whose disability, is assessed at 50% or more shall, for the purpose of this paragraph, be regarded as permanently unfit for further sea service in any capacity and be entitled to 100%
compensation. Furthermore, any Seafarer assessed at less than 50 % disability but certified as permanently unfit for further sea service to
be employed in a comparable position, shall also be entitled to 100 % compensation.
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. The third doctor shall be certified as an Independent Medical Examiner of a similar specialty as the doctors who performed
the original examinations, be qualified in either general occupational medicine and/or maritime health, subject to flag state approval, and
be available to examine the Seafarer in his or her country of domicile or at another location as mutually agreed.
5. In the event, the Owners/Company and the Seafarer are not able to agree on the selection of such third doctor, the Owners/Company and
Seafarer agree that such selection shall be resolved in the following fashion. Each party shall provide the names of three doctors, each of
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whom must be certified as an Independent Medical Examiner of a
similar specialty as the doctors who performed the original examinations, be qualified in either general occupational medicine
and/or maritime health, subject to flag state approval, and be available to examine the Seafarer in his or her country of domicile
or at another location as mutually agreed. From the six names provided and entered into an Excel spreadsheet, one shall be selected by using the random selection feature in Excel according to a process
mutually agreed by the parties. For example, if one party hosts the presentation/depiction of the blank Excel spreadsheet by video-
conference (e.g., Skype call), the other party to the video-conference shall be allowed to control the choice of which cell of the spreadsheet is assigned to each doctor’s name, followed by activation of the
random number feature in the cell next to each doctor’s name, all in full view of both parties on screen. The non-hosting party may also
choose the timing of the final run (the actual third doctor selection) following a reasonable number of test runs conducted in full view of both parties to confirm the integrity of the random number selection
feature of the spreadsheet. Once the final selection is made from such final run, such third doctor’s findings will prevail.
6. 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 23 - 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/Company shall provide free of charge sufficient 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 backgrounds and is prepared by
properly qualified cooks.
2. Owners shall meet minimum MLC standards applicable at the date of
this Agreement to ensure that any accommodation and recreational
facilities for Seafarers working or living onboard 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 Annex D.
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4. The Owners/Company shall provide the necessary personal protective
equipment for the use of each Seafarer whilst serving onboard. Every
Seafarer engaged in the operations and any other person who may be
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) respiratory protective equipment; eye protectors; hearing
protection; gloves; welding aprons; safety harness; ropes and
attachments; and buoyancy aids; and (ii) 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 onboard of the number of survival suits as
required by the flag state. ARTICLE 24 - LOSS OF PERSONAL EFFECTS
When any Seafarer suffers total or partial loss of, or damage to, their
personal effects whilst serving onboard 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 5,000,
subject to supporting receipts or reasonable replacement value of each item.
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The Seafarer shall certify that any information provided with regard to lost
property is true to the best of their knowledge.
The Owners/Company shall in addition pay the Seafarer for necessary
clothing needed after a shipwreck.
ARTICLE 25 - PENSION AND SOCIAL SECURITY
1. A defined contribution pension plan known as the Seabourn International Pension Plan (SBNIPP) is available to Senior Deck and
Engine Seafarers. The Owners/Company will contribute to the plan in the amount of 7.58% of each Seafarer’s Pensionable Salary, and the Seafarer also has to contribute a minimum of 6.50% of Pensionable
Salary. Pensionable Salary consists of: Basic Wages, training wages and any additional salary components as determined by
Owners/Company from time to time in its sole discretion. The Seafarer’s pension fund will then be available upon termination and satisfying certain age requirements. Certain exceptions exist, however,
depending upon the applicable rules and regulations, all of which areset forth in the SBNIPP plan document that will be made available
to the Seafarer. The administration of the plan will be the responsibility of, and paid for by, the Owners/Company.
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
Annex F.
3. For Deck and Engine Filipino Seafarers in 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 M3 M4 are entitled to Social Program
Compensation as provided in Column 8.
5. Non-Filipino Catering/Hotel Seafarers in Groups A1, A2, B2, C, D and E, paid in accordance with Wage Scale H1 are entitled to Social Program Compensation as provided in Column 10 thereof.
ARTICLE 26 - 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
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by their spouses/partners. All travelling, visa, repatriation, handling, and
insurance expenses will be for the Seafarer’s own account. ARTICLE 27 - 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 28 - 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 Unions.
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 elsewhere in this Agreement, based on the circumstances and any mitigating factors. If the Owners/Company implements sufficient mitigating factors, no additional compensation
shall be due.
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6. A High Risk Area will be as agreed by the Unions and the
Owners/Company and the corresponding written Protocol will be made available as Annex G to this Agreement.
ARTICLE 29 - SHIPBOARD SAFETY COMMITTEE AND SAFETY REPRESENTATIVE
1. The Owners/Company shall facilitate the establishment of an onboard Safety and Health Committee in accordance with the provisions contained in the ILO Code of Practice on Accident Prevention onboard 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 onboard 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 onboard 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 onboard safety training of Seafarers. 2. The Owners/Company acknowledges the right of the Unions 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 Unions. 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.
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ARTICLE 30. USE OF ELECTRONIC MAIL AND
INTERNET A. Use of Equipment/Systems provided by Owners/Company
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.
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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
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 which may subject the Seafarer to disciplinary action up to termination under this
Agreement.
ARTICLE 31 - UNIONS FEES, WELFARE FUND, AND REPRESENTATION OF SEAFARERS The Owners/Company recognizes the value of membership in the Unions.
Subject to national legislation, all Seafarers shall have the right to join an appropriate national trade Unions 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 Unions upon request.
In consideration of the Unions 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 Unions. The Owners/Company shall, once every month, transfer the Fees to the Unions through SpareBank 1 Ostlandet, Strandgata 15, 2317 Hamar, Norway; Swift Address: SHEDNO22; IBAN: NO09 9001 0487 853. Account No. 9001.04.87853.
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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.
The Owners/Company shall on their own behalf pay contributions to the ITF
Seafarers’ International Assistance, Welfare and Protection Fund in accordance with the terms of the Special Agreement.
Payment shall be remitted to the ITF through SpareBank1 Ostlandet, Strandgata 15, 2317 Hamar, Norway. IBAN: NO09 9001 6818 533. Swift
Address: SHDNO22. Account Number 9001.68.18533, upon receipt of invoice.
The Owners/Company acknowledges the right of Seafarers to participate in
Union activities 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 Unions 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 32 - CARGO HANDLING
1. Neither the Seafarers nor anyone else onboard 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 Unions 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 Unions is taking place, neither the Seafarers nor anyone else onboard 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 Unions involved in the official trade dispute.
3. When the ITF Dockers Unions 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 Variable Overtime rate specified in applicable Wage Scale for each hour or part of an hour
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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
Variable Overtime 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
Variable Overtime rate shall be calculated as follows: Minimum
Monthly Compensation divided by 303 and multiplied by 1.5 equals the Variable Overtime rate to be used when calculating the payment.
ARTICLE 33 - 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.
ARTICLE 34 -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 onboard the Vessel.
A. 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.
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B. Onboard Complaint Procedures:
1. While onboard 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.
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 onboard 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 Article 6, Paragraph 3 shall take precedence over the foregoing onboard
procedures. 9. Pursuant to MLC, the onboard Human Resources Manager shall
be available to provide impartial advice to the Seafarer, on a confidential basis, regarding the Seafarer’s complaint, and will
otherwise assist the Seafarer in following the complaint procedures available to him or her onboard the Vessel.
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C. 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 onboard 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 Unions and to the Owners/Company within forty-five (45) days after the Seafarer receives notification of the decision. Such notice to the Unions
shall also serve as the Seafarer’s appointment of the Unions as his/her representative in resolving the dispute. Within ninety
(90) days of receipt of such written notice, the representatives of the Unions 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.
Upon request, and without waiving legal protections and privileges, or other protections related to safety of persons or
security of a ship, the parties to any dispute have the duty to promptly produce to each other all documents, information
and/or any evidence relevant to the dispute, including, but not limited to, Master’s (or corporate officer’s) Hearing reports, any written statement from the Seafarer and/or other witnesses,
medical records and personnel files in order to facilitate and ensure a fair reconciliation process.
2. The parties shall investigate whether the Onboard Complaint
Procedures set forth above, or the procedures provided for in
Article 6, 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 Unions 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 Unions and the Owners/Company.
5. Relevant Contact Information for Shoreside Complaints
Procedure
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a. The grievance shall be submitted in writing to the
designated Unions at – Norwegian Seafarers’ Union, POB 2000 Vika, N-0125 Oslo, Norway, telephone +47 22 82 58
00, or via email to: [email protected].
and/or to Seabourn Cruise Lines: (450 Third Avenue W,
Seattle, WA 98119 United States of America) telephone +1
(206)658-7803 or via email to: [email protected].
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,
[email protected]. c. A list of the competent authorities in the Seafarers’ home
countries is available at the shipboard Crew Office.
d. 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 Unions.
ARTICLE 35 - ARBITRATION PROCEDURE
1. If not resolved by the Unions, the Owners/Company, and/or the
Seafarer as provided in the Dispute Resolution Procedure above, 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 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
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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
Unions, 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, un-
seaworthiness, 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 Unions
and Owners/Company shall each nominate up to three arbitrators who do not have existing relationships with any of the parties. The Unions
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 Unions or the Seafarer and the Owners/Company shall each have the
opportunity to strike one name from the list of nominees of the other party, the ICDR shall appoint the arbitrator from the four remaining
names using a random selection method approved by both the parties. 6. If the Seafarer is represented by an independent counsel at any point,
said counsel will substitute the Unions at all stages of the Procedure, except that the Arbitrator must seek the Unions 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 Unions and the
41
Owners/Company shall bear the costs of their own attorney fees and
legal representation.
8. Upon the Seafarer’s request, the Unions shall decide whether a claim should be brought to arbitration and, if the Unions so decides, shall
appoint legal representation for the Seafarer. If the Seafarer rejects the representation appointed by the Unions 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 Unions, then the arbitrator shall seek the Unions opinion if in doubt as
to the interpretation of this Agreement before making a decision, and the Unions 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 Unions, 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 onboard 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 Unions, 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.
ARTICLE 36 - JURISDICTION/GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Bahamas.
ARTICLE 37 - 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
42
and effect.
ARTICLE 38 - AMENDMENTS TO AND DURATION OF AGREEMENT
This Agreement shall be effective from January 1, 2018, through December
31, 2020, and further for one year at a time if a request for termination is
not given either by the Owners/Company or the Unions with three (3)
months written notice. Should this Agreement continue past December
31,2020, then the terms and conditions of this Agreement shall be reviewed
annually by the Owners/Company and Unions. Furthermore if at any time the
Owners/Company and Unions 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 re-
negotiate 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 Unions.
December 27, 2017
_________________________________________
Richard D. Meadows, President Seabourn Cruise Line Limited
_________________________________________ Johnny Hansen, President
Norwegian Seafarers' Union, on behalf of itself and
Norwegian Maritime Officers Association, Norwegian Unions of Marine Engineers, and Associated Marine Officers' and Seamen's Union of the Philippines
43
ANNEX A
EMPLOYMENT
AGREEMENT
This employment agreement made by and between the person named below (Employee or you) and Seabourn Cruise Line Limited
(Company/Employer, we or us), with offices at 450 Third Avenue West, Seattle WA 98119-4002 USA.
Employee Full Name PIN
Hire Date Age Place of Birth
Nationality Passport # Passport Expiration
Place of Residence
SHIP ASSIGNMENT
Rank Vessel Registry
Sign On Port of Embarkation
Proposed Sign Off * Port of Debarkation
Total Monthly Compensation** Seniority Bonus (If Applicable) Contract Type**
Special Conditions/Other Information
The employee is committed to participate in safety and statutory training as required, without additional compensation. For Specific
terms, see the Collective Bargaining Agreement, between the Norwegian Seaman’s Union and Seabourn Cruise Line Limited,
effective January 01, 2018.
*SUBJECT TO CHANGE, ACCORDING TO SCHEDULING AND OPERATIONAL REQUIREMENTS AND THE MUTUAL
PERIOD OF NOTICE - AS PER ARTICLES 5 and 11.4 OF THE COLLECTIVE BARGAINING AGREEMENT. ** REFER TO ARTICLE 8 – GROUPS OF SEAFARERS – SPECIFICS ON BREAKDOWN OF COMPENSATION AND
ROTATION.
BY SIGNING BELOW, THE EMPLOYEE ACKNOWLEDGES HAVING BEEN AFFORDED THE OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS WHICH ARE AVAILABLE ON http://www.seabourn.com/welcometosbn/Documents.action
AND ON EFLEET, THE COMPANY'S INTRANET SYSTEM (UNDER HUMAN RESOURCES). THE EMPLOYEE FURTHER
ACKNOWLEDGES THAT HE/SHE HAS BEEN AFFORDED ON OPPORTUNITY TO SEEK ADVICE ON THIS AGREEMENT BEFORE SIGNING IT. THE EMPLOYEE FURTHER AGREES TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH
IN THE COLLECTIVE BARGAINING AGREEMENT AND THIS EMPLOYMENT AGREEMENT.
Employee Signature
Date
For Seabourn Cruise Line Limited Name /
Title Eric Visser
Director, Seagoing Workforce Management
44
ANNEX B
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.
45
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: ______________________________________________ Shipowner: ___________________________________________________________________ I, [Seafarer] [Seafarer’s legal heir and/or Dependant]* hereby acknowledge receipt of the sum of [currency and amount] in satisfaction of the Shipowner’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 Shipowner 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: _______________________________________
46
ANNEX D
UNIFORMS
MAITRE D' – MALE
ITEM DESCRIPTION COLOR PAR
Day Day Shirt With Loops White 4
Day Day Pants White 3
Day Webb Belt White 2
Day Hard Boards - 2.5 Gold w/White Black 2
Eve Classic DB Blazer II Black 2
Eve Double Pleated Pants Charcoal 2
Eve Fly Front Dress Shirt 32/33 Sleeve White 3
Eve Fly Front Dress Shirt 34/35 Sleeve White
Eve Fly Front Dress Shirt 36/37 Sleeve White
Eve Birdseye Brocade Tie Gold 2
Eve Gun Metal Black Belt Silver Buckle Black 1
Formal Split Tail Tuxedo Jacket Black 2
Formal Tuxedo Pants Adj Waist Black 2
Formal Formal Vestee White Pique White 2
Formal Wing Tip Tuxedo Shirt 32/33 Sleeve White 3
Formal Wing Tip Tuxedo Shirt 34/35 Sleeve White
Formal Wing Tip Tuxedo Shirt 36/37 Sleeve White
Formal Bow Tie Black 2
ASSISTANT MAITRE D' ALL RESTAURANTS - MALE
ITEM DESCRIPTION COLOR PAR
Day High Button Vest Charcoal 3
Day / Eve Fly Front Dress Shirt 32/33 Sleeve White 4
Day / Eve Fly Front Dress Shirt 34/35 Sleeve White
Day / Eve Fly Front Dress Shirt 36/37 Sleeve White
Day / Eve Double Pleated Pants Charcoal 3
Day / Eve Paisley Red Tie Red 2
Day / Eve Gun Metal Black Belt w/Silver Buckle Black 1
Eve Classic DB Blazer II Black 2
Formal DB Peak Lapel Tuxedo Jacket Black 2
Formal Tuxedo Pants Adj Waist Black 3
Formal Formal Shirt 1/8" Pleat Sleeve 32/33 White 3
Formal Formal Shirt 1/8" Pleat Sleeve 34/35 White
Formal Formal Shirt 1/8" Pleat Sleeve 36/37 White
Formal Bow Tie Black 2
47
MAITRE D' COLONNADE
ITEM DESCRIPTION COLOR PAR
Day / Warm Day Shirts with Loops White 4
Day / Warm Day Pants White 3
Day / Warm Webb Belt White 2
Day / Warm Hard Board Eplts 2 Gold w/White Black 2
EVE High Button Vest Charcoal 3
EVE Fly Front Dress Shirt 32/33 Sleeve White 4
EVE Fly Front Dress Shirt 34/35 Sleeve White
EVE Fly Front Dress Shirt 36/37 Sleeve White
EVE Double Pleated Pants Charcoal 3
EVE Paisley Red Tie Red 2
EVE Gun Metal Black Belt w/Silver Buckle Black 1
ASSISTANT MAITRE D' ALL RESTAURANTS - FEMALE
ITEM DESCRIPTION COLOR PAR
Day High Button Vest (F) Charcoal 3
Day / Eve Fly Front Blouse White 4
Day / Eve Avondale Skirt Charcoal 3
Day / Eve Tunisian Stripe Scarf Red 2
Eve Seville Blazer DB Black Black 2
Formal SB Tuxedo Jacket (F) Black 2
Formal Formal Blouse White 3
Formal Tuxedo Skirt Black 3
Formal Bow Tie Black 2
WAITER / UTILITY MAIN RESTAURANT - MALE
ITEM DESCRIPTION COLOR PAR
Day Corded Cobra Shirt White 3
Day / Eve /
Formal Flat Front Pants Black 3
Day / Eve /
Formal Gun Metal Black Belt w/Silver Buckle Black 1
Eve
Banded Collar Dress Shirt w/Black
Button White 3
Eve Monaco Vest Black Black 3
Formal Serving Jacket Black 2
Formal Fly Front Dress Shirt 32/33 Sleeve White 2
Formal Fly Front Dress Shirt 34/35 Sleeve White
Formal Fly Front Dress Shirt 36/37 Sleeve White
Formal New Neck Tie Pre-Knotted w/Neckband Black 2
48
WAITERESS MAIN RESTAURANT - FEMALE
ITEM DESCRIPTION COLOR PAR
Day Corded Cobra Shirt White 3
Day /Eve
/Formal Avondale Skirt Black 3
Eve
Banded Collar Dress Shirt w/Black
Button White 3
Eve Monaco Vest Black 3
Formal Serving Jacket (F) Black 2
Formal Fly Front Blouse White 4
Formal New Neck Tie Pre-Knotted w/Neckband Black 2
WAITER / UTILITY - COLONNADE - MALE
ITEM DESCRIPTION COLOR PAR
Day Fusion Contract Panel Shirt Buff/Silver 3
Day Flat Front Pants Black 3
Day Gun Metal Black Belt w/Silver Buckle Black 1
WAITERESS COLONNADE - FEMALE
ITEM DESCRIPTION COLOR PAR
Day Fusion Contract Panel Shirt Buff/Silver 3
Day Avondale Skirt Black 3
ASST. MAITRE D' SPECIALTY 2 - MALE
ITEM DESCRIPTION COLOR PAR
Day Grey Fly Front Jacket Grey 2
Day Flat Front Pants Black 3
ASST. MAITRE D' SPECIALTY 2 - FEMALE
ITEM DESCRIPTION COLOR PAR
Day Grey Fly Front Jacket Grey 2
Day Avondale Skirt Black 3
WAITER & WINE WAITER - SPECIALTY 2 - MALE
ITEM DESCRIPTION COLOR PAR
Day Specialty Server Jacket Brown 2
Day Flat Front Pants Black 3
WAITERESS & WINE WAITERESS - SPECIALTY 2 –
FEMALE
ITEM DESCRIPTION COLOR PAR
Day Specialty Server Jacket Brown 2
Day Avondale Skirt Black 3
PUBLIC ROOM MANAGER
ITEM DESCRIPTION COLOR PAR
Day Day Shirt With Loops White 4
Day Day Pants White 3
Day Webb Belt White 2
Day Hard Boards - 2 Gold w/White Black 2
Eve Classic DB Blazer II Black 2
Eve Double Pleated Pants Charcoal 2
Eve Fly Front Dress Shirt 32/33 Sleeve White 3
49
Eve Fly Front Dress Shirt 34/35 Sleeve White
Eve Fly Front Dress Shirt 36/37 Sleeve White
Eve Crossroads Tie Cobalt 2
Eve Gun Metal Black Belt Silver Buckle Black 1
Formal SB Tuxedo Jacket Black 2
Formal Tuxedo Pants Adj Waist Black 3
Formal Formal Shirt 1/8" Pleat Sleeve 32/33 White 3
Formal Formal Shirt 1/8" Pleat Sleeve 34/35 White
Formal Formal Shirt 1/8" Pleat Sleeve 36/37 White
Formal Bow Tie White 2
HEAD SOMMELIER & ASST SOMMELIER RESTAURANTS - MALE
WINE STEWARDS & ASST SOMMELIER COLONNADE - MALE
ITEM DESCRIPTION COLOR PAR
Day Bistro Vest w/Grommets Mahogany 2
Day / Eve Fly Front Dress Shirt 32/33 Sleeve White 3
Day / Eve Fly Front Dress Shirt 34/35 Sleeve White
Day / Eve Fly Front Dress Shirt 36/37 Sleeve White
Day / Eve Flat Front Pants Black 3
Day / Eve New Neck Tie Pre-Knotted w/Neckband Black 2
Day / Eve Gun Metal Black Belt w/Silver Buckle Black 1
HEAD SOMMELIERS ONLY
Eve Arlington Blazer Mahogany Herringbone Mahogany 2
ASST. SOMMELIERS & WINE STEWARDS COLONNADE
Eve Angelica Blazer Mahogany Herringbone Mahogany 2
WINE STEWARDS & ASST SOMMELIER COLONNADE –
FEMALE
ITEM DESCRIPTION COLOR PAR
Day C-Elsa Top Mahogany Herringbone Mahogany 2
Day Avondale Skirt Black 3
Eve C-Milan Blazer Mahogany Herringbone Mahogany 2
Eve V-Neck Undershirt Soft Lycra Black 3
Eve Mock Wrap Skirt Black 3
50
BARTENDERS / BAR SERVERS - MALE
ITEM DESCRIPTION COLOR PAR Indoors /Outdoors AM Polo Shirt (M) Stripe Collar White/Nvy 3 Outdoors AM
/'Warm Khaki Shorts Khaki 3
Indoors AM / Cold Khaki Pants Khaki 3 Indoors /Outdoors
AM Webb Belt Tan 1
Seabourn
Square
Bib Apron w/Pockets w/Seabourn
Square Brown 1
BBQ Baseball Cap w/Seabourn Shield White 1
Eve Fusion Open Collar Shirt Black 3
Eve / Formal Flat Front Pants Black 3
Eve / Formal Gun Metal Black Belt w/Silver Buckle Black 1
Formal Trim X Jacket Black 1
Formal Fly Front Dress Shirt 32/33 Sleeve White 2
Formal Fly Front Dress Shirt 34/35 Sleeve White
Formal Fly Front Dress Shirt 36/37 Sleeve White
Formal Grey Satin Knotted Neck Tie Band Grey 1
Cold Weather Milano Sweater Navy 1
DECK STEWARDS - MALE
ITEM DESCRIPTION COLOR PAR Indoors /Outdoors
AM Polo Shirt (M) Stripe Collar White/Nvy 3 Outdoors AM
/'Warm Khaki Shorts Khaki 3
Indoors AM / Cold Khaki Pants Khaki 3 Indoors /Outdoors AM Webb Belt Tan 1
BBQ Baseball Cap w/Seabourn Shield White 1
STEWARDESS
ITEM DESCRIPTION COLOR PAR
Day Velocity Raglan Tunic Sandstone 4
Day Flat Front Slacks Taupe 4
Eve Velocity Raglan Tunic Brown 4
Eve Flat Front Slacks Charcoal 4
UTILITY - BAR STAFF & HOUSEKEEPING - MALE
ITEM DESCRIPTION COLOR PAR
Day / Eve C-Cobra Jacket w/Trim S/S Black 2
Day / Eve Flat Front Pants Black 2
Day / Eve Gun Metal Black Belt w/Silver Buckle Black 1
Luggage
Loading
Corey Shirt w/Seabourn Logo Black
ULC Coal Pin. 2
51
LAUNDRY MASTER, LAUNDRYMEN, LINEN KEEPER &
TAILOR
ITEM DESCRIPTION COLOR PAR
Day / Eve Flat Front Comfort Pants White 3
Day / Eve Pique Polo White 3
Day / Eve Webb Belt White 2
DECK & TECHNICAL RATINGS (WHEN IN PUBLIC AREAS)
MOTORMAN, REPAIRMAN, ASST ELECT., REEFER ASST
ASST.COMPUTER SYSTEMS, WIPER, TECH STOREKEEPER
ITEM DESCRIPTION COLOR PAR
Day / Eve Work Shirt w/Loops Lt.Blue 4
Day / Eve Work Pants Navy 3
Day / Eve Webb Belt Navy 1
Choose one Pair of Hard Boards
Day / Eve Deck Department Hard Boards Black 2
Day / Eve Technical Department Hard Boards Black 2
Overalls 2
AB & OS SEAMAN
ITEM DESCRIPTION COLOR PAR
Day / Eve Work Shirt w/Loops Lt.Blue 4
Day / Eve Work Pants Navy 3
Day / Eve Webb Belt Navy 1
Day / Eve Deck Department Hard Boards Black 2
Day / Eve Day Shirt with Loops White 4
Day / Eve Work Pants Navy 3
Day / Eve Webb Belt Navy 1
Cold
Weather Black Day Pants Black 3
Cold
Weather Webb Belt Black 2
Overalls 2
CARPENTERS / BOSUN
ITEM DESCRIPTION COLOR PAR
Day /
Eve Work Shirt Tan 4
Day /
Eve Work Pants Tan 3
Day /
Eve Webb Belt Tan 1
Overalls 2
52
QUARTER MASTER, NIGHT WATCHMEN, FIRE PATROL
TENDERS, STEERING HELMSMEN, MASTER AT ARMS
ITEM DESCRIPTION COLOR PAR
Day / Eve Day Shirts with Loops White 4
Day / Eve Day Pants White 3
Day / Eve Webb Belt White 2
Cold Weather Black Day Pants Black 3
Cold Weather Webb Belt Black 2
MASTER AT ARMS
DAY/EVE Hard Boards w/Seabourn Shield Black 2
Overalls 2
CRUISE STAFF - MALE
ITEM DESCRIPTION COLOR PAR
Day / Warm /
Cold
Polo Cool Mesh
w/Entertainment Stone 4
Day / Warm Flat Front Shorts Black 3
Day / Warm Webb Belt Black 2
Day / Cold Flat Front Pants Black 2
Day / Cold Milano Zip Front Sweater Black 1
Eve
Arlington Blazer Tan
Sharkskin Tan Shrk 2
Eve Chase Pants Tan Sharkskin Tan Shrk 3
Eve Frosted Pique Dress Shirt Chin Blue 3
Eve Iridescent Dot Tie Blue/Brwn 2
Showband Only
Day Baja Shirt - Border Anthr
Border
Ant 3
CRUISE STAFF - FEMALE
ITEM DESCRIPTION COLOR PAR
Day / Warm /
Cold
Polo Cool Mesh
w/Entertainment Stone 4
Day / Warm Flat Front Shorts Black 3
Day / Warm Webb Belt Black 2
Day / Cold Flat Front Slacks Black 2
Day / Cold Milano Zip Front Sweater Black 1
Eve Chelsea Blazer Tan Sharkskin
Tan
Shrk 2
Eve Brighton Skirt Tan Sharkskin
Tan
Shrk 3
Eve Frosted Pique Mona Blouse
Chin
Blue 3
Eve Multi Stripe Scarf
Multi
Strp 2
Showband Only
Day Baja Shirt - Border Anthr
Border
Ant 3
53
PRODUCTION STAFF - MALE
ITEM DESCRIPTION COLOR PAR
Day Polo Cool Mesh /Productions Stone 4
Day Flat Front Shorts Black 2
Day Flat Front Pants Black 2
Day Webb Belt Black 2
Day /
Cold Flat Front Pants Black 2
Day /
Cold Milano Zip Front Sweater Black 1
Eve Arlington Blazer Tan Sharkskin Tan Shrk 2
Eve Chase Pants Tan Sharkskin Tan Shrk 3
Eve Frosted Pique Dress Shirt Chin Blue 3
Eve Iridescent Dot Tie Blue/Brwn 2
Duo & Pianist – Male
ITEM DESCRIPTION COLOR PAR
Day / Warm /
Cold
Polo Cool Mesh
w/Entertainment Stone 4
Day / Warm Flat Front Shorts Black 3
Day / Cold Flat Front Pants Black 2
Day / Warm Webb Belt Black 2
Day Baja Shirt - Border Anthr
Border
Ant 3
Duo & Pianist - Female
ITEM DESCRIPTION COLOR PAR
Day / Warm /
Cold
Polo Cool Mesh
w/Entertainment Stone 4
Day / Warm Flat Front Shorts Black 3
Day / Cold Flat Front Slacks Black 2
Day / Warm Webb Belt Black 2
Day Baja Shirt - Border Anthr
Border
Ant 3
Shoe Requirements:
Should be labeled with the CE marking for slip resistance and one of the following:
SRA, SRB or SRC. Shoes carrying this certification are marketed (and labeled) either
'non-skid', 'non-slip' or 'slip resistant' and typically have a rubber compounded outer sole
as well as a tread pattern that channels liquid from under foot.
Should be closed front and back.
Should be a plain design, with black upper sole and stitching, either lace-up or slip-on.
Department Heads of each department are responsible to check the crew members upon
joining, overseen by the Hotel Director and Staff Captain.
Where a crew member joins a vessel without suitable footwear, they will be required to purchase
in the first available port, which could be quite pricey.
In the event that the crewmember joins the ship without safety shoes, and safety shoes are
available in Provisions and issued to the crewmember, then no allowance is to be paid out. The
Provision Master must inform the Crew Purser when issuing safety shoes.
Breakdown of shoes and allowances supplied by department:
54
Safety and Steal Toe Shoes
Supplied Steel Toe Shoes from Technical Storekeeper onboard the ship:
Deck Officers (European contracts)
Engine Officers (European contracts)
Supplied Steal Toe Shoes from Hotel Provisions onboard the ship:
Galley Staff (European contracts)
Provision Staff (European contracts)
Any person assisting with Provisions Loading (Filipino and European contract)
$50 allowance for Safety shoes at start of each contract:
All Bar Staff (European and Filipino contracts; incl. Bar Waiter and Utilities)
All Restaurant Staff (European and Filipino contracts; incl. Waiters, Utilities)
All Housekeeping Staff (European and Filipino contracts; incl. Stwds, Laundry, Utilities)
All Guest Services
All Pursers Staff
Hotel Director
F&B Manager
Personnel & Training Manager + Trainees
Cruise Sales Specialist
Destination Services
* In the event that the crewmember joins the ship without safety shoes, and safety shoes are
available in Provisions and issued to the crewmember then no allowance to be paid out. The PM
must inform the Crew Purser when issuing safety shoes.
Shoes (Steal Toe or Safety) supplied by Singa in Manila:
Galley Staff (Filipino only)
Provision Staff (Filipino only)
Deck Crew & Officers (Filipino only)
Engine Crew & Officers (Filipino only)
No shoes supplied or allowance:
Entertainment Staff
Concessionaires (Casino, Spa & Shop)
Medical
55
ANNEX E
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 0.04 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.
56
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 25 of the Agreement, shall be
distributed as follows:
57
S.S.S./Medicare/EC/PagIbig, M3, M4, A1, A2, A3, B1, B2, C1, C2, D, E and all
apprentices and trainees …………………..................................... USD 27
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
Signed by Richard D. Meadows,
____________________________________
Seabourn Cruise Line Limited
Signed by Johnny Hansen
____________________________________
Norwegian Seafarers’ Union
Signed by Conrado F. Oca
_______________________________________
Associated Marine Officers’ and
Seamen’s Union of the Philippines
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: Two Pesos (P2.00) per month while onboard per
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.
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 onboard 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;
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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. Group E (Executive) P250,000.00 b. Group O (Officers) P210,000.00 c. Group ‘S’ (Supervisory & Skilled Personnel), Group ‘R’ (Rank & File) & Group ‘A’ (Apprentices) 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
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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:
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.
B.2 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
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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.
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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: [email protected]
SEAMEN’S HOSPITAL VISAYAS
Vicinal St., Mandaue City, Cebu
Tel.: (032) 346-2627
Fax: (032) 346-2598
Email: [email protected]
SEAMEN’S HOSPITAL ILOILO
Oñate St. Mandurriao, Iloilo
Tel : (033) 321-3523
Fax: (033) 3212469
Email: [email protected]
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: [email protected]
AMOSUP CLINIC DAGUPAN
(Dagupan Doctors Villaflor Memorial Hospital)
Mayombo District, Dagupan City 2400
Tel. Nos. (+075) 653 0037
Email: [email protected]
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.
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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, pre- natal 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.
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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 - 8:00 a.m. to 5:00 p.m. In-Patient - 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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ANNEX G
WAR AND HIGH RISK PROTOCOL
Gulf of Aden, all ports in Yemen, Somalia North Coast
and West Indian Ocean
This Protocol is made on December 27, 2017.
between
Norwegian Maritime Officers' Association
Norwegian Union of Marine Engineers
Norwegian Seafarers’ Union
Associated Marine Officer’s and Seamen’s Union of the Philippines
(“the Unions”)
and
Seabourn Cruise Line Limited
(“the Owners/Company”)
For avoidance of doubt and to confirm the Unions and Owners/Company mutual agreement and
understanding regarding the application of Article 28 of the Agreement, effective January 1, 2018
to operations in the Gulf of Aden, all ports in Yemen, Somalia North Coast and West Indian
Ocean, the parties hereby agree as follows:
1. Warlike Operations Area –12 n.m. off Somali North Coast, please see attached chart for
exact coordinates and details.
This Warlike Operations Area includes the territorial waters extending up to the
12 nautical miles limit from due north of the north‐western border of Somalia
with Djibuti to due north of Cape Gardafui.
This designation has been in effect from 6th October 2005.
1.a Warlike Operations Area – all ports in Yemen
bonus equal to basic wage, payable for 5 days minimum + per day if longer;
doubled compensations for death and disability;
right to refuse sailing, with repatriation at company’s cost and compensation
equal to 2 month’s basic wage
This Area includes all ports within the country of Yemen and applies to all vessels from
the time that they are berthed "all fast" alongside. As soon as a vessel departs a berth
within Yemen and the last line is let go for departure on passage, the status of being
within a Warlike Operations Area shall end.
The designation is in effect from 17 April 2015 until terminated by either party, with a
minimum of 7 days’ notice required
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2. “High Risk Area” – Gulf of Aden + 400 n.m. off Somali East Coast, please see attached
chart for exact coordinates and details.
(Shown in red shade on Chart 1 below, excluding the IRTC as detailed in Chart 1a)
bonus equal to basic wage, payable for the actual duration of stay / transit;
doubled compensations for death and disability;
right to refuse sailing, with repatriation at company’s cost
increased BMP level
The Western Border of this High Risk Area runs from the coastline at the border
of Djibouti and Somalia to position 11 48 N, 45 E; from 12 00 N, 45 E to
Mayyun Island in the Bab El Mandeb Straits. The Eastern Border runs from Rhiy
di‐Irisal on Suqutra Island to position 14 18 N, 53 E; from 14 30 N, 53 E to the
coastline at the border between Yemen and Oman, together with a 400 mile
zone off the eastern coast of Somalia, i.e. from Suqutra Island down to the
Kenian border in the South.
During a vessel’s transit of this Area protection of seafarers through the provision of
increased security measures should be adopted. Such measures must be above the latest
Best Management Practice (BMP) level and may include the provision of personnel or
systems which appropriately reduce the vulnerability of a vessel. The sufficiency of such
extra security measures should be determined depending on vessel type, size, freeboard
during transit and speed, with consulting and seeking advice of respective Union(s) where
necessary.
The adoption of Best Management Practice is required as a minimum standard of
protection. During the period of transit of this High Risk Area seafarers shall be entitled to
compensation amounting to 100% of the basic wage and a doubled compensation payable in
case of death and disability. This entitlement should apply on each day of the vessel’s stay
in the High Risk Area.
The above identified entitlements to extra basic pay and extra compensation for injury or
death will not apply while vessels are alongside a berth, at anchor in secure anchorages off
ports or attached to SBM facilities ‐ with exception of Somali waters and ports. It is
understood that vessels will have to transit the high risk area in order to proceed to certain
ports and as such the bonuses mentioned in above should cease when a vessel is either all
secure alongside, brought up to her anchor or fully coupled to a SBM in any port of the
area, excluding Somalia. Likewise when sailing, the applicability of bonuses etc. should
commence when the vessel is “all gone”, i.e. the last line is let go from a berth, when the
anchor is aweigh or a vessel has de‐coupled from a SBM.
In the case of vessels that will transit the IBF High Risk Area outside of the east bound and
west bound lanes created under the International Recommended Transit Corridor (IRTC),
seafarers have the right not to proceed with the passage. In such an event, the seafarer
concerned shall be repatriated at the company’s cost with benefits accrued until date of
return to the port of engagement.
In order to assist the military efforts to counter piracy in this region, all vessels that are
subject to a confirmed attack should report to international navies present in the area or
other relevant authority, to assist in the deployment of naval resources to appropriate areas,
where piracy attacks are occurring.
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This designation is in effect from 1st July 2014.
3. “Extended Risk Zone” – West Indian Ocean and the Red Sea, excluding Yemeni ports,
please see attached chart for exact coordinates and details. (shown in green shade on chart 1
below, including the IRTC as detailed in Chart 1a)
bonus equal to basic wage, payable only on the day the vessel is attacked;
doubled compensations for death and disability if occur on the day the vessel is attacked
increased BMP level
The coordinates of this area comprise of and stretch further than the High Risk Area as
outlined above.
“The Extended Risk Zone runs from 20 N in the Red Sea and 22 N in the
Gulf of Oman to 65 E and 5 S. A Warlike Area or High Risk Area within
these coordinates will take precedence with the exception of the IRTC in
the Gulf of Aden which forms part of Extended Risk Zone”.
During a vessel’s transit of this area protection of seafarers through the provision of
increased security measures should be adopted. Such measures must be above the latest
Best Management Practice (BMP) level and may include the provision of personnel or
systems which appropriately reduce the vulnerability of a vessel. The sufficiency of such
extra security measures should be determined depending on vessel type, size, freeboard
during transit and speed, with consulting and seeking advice of respective ITF union(s)
where necessary.
The adoption of Best Management Practice is required as a minimum standard of
protection.
During the period of transit of the Extended Risk Zone, outside the area which is designated
as High Risk Area, each seafarer shall be entitled to a bonus equal to 100% of the basic
wage and a doubled compensation in case of injury or death ‐ on any day during which the
vessel he serving on is attacked. The proof of these entitlements shall be subject to a
confirmed entry into the ship’s log book and a report of attack being lodged with recognised
international reporting authorities, such as UK MTO. The maximum period when these
entitlements may apply shall not exceed the number of days of the vessel’s transit of the
Extended Risk Zone outside the area designated as High Risk Area. For the purpose of this
article an attack means any unauthorised and obvious action taken by a third party in a
willful attempt to board or damage the vessel or to harm the crew which leads to the
activation of the relevant vessel contingency plans including the alerting of the whole crew.
Within all of the Extended Risk Zone, including the High Risk Area, the above identified
entitlements to extra basic pay and extra compensation for injury or death will not apply
while vessels are alongside a berth, at anchor in secure anchorages off ports or attached to
SBM facilities ‐ with exception of Somali waters and ports. It is understood that vessels will
have to transit the high risk area in order to proceed to certain ports and as such the bonuses
mentioned in above should cease when a vessel is either all secure alongside, brought up to
her anchor or fully coupled to a SBM in any port of the Extended Risk Zone, excluding
Somalia.
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Likewise when sailing, the applicability of bonuses etc. should commence when the vessel
is “all gone”, i.e. the last line is let go from a berth, when the anchor is aweigh or a vessel
has decoupled from a SBM.
Vessels may deviate from the IRTC lanes without affecting the terms and conditions for the
seafarers onboard for collision avoidance purposes only, as long as they are returned to the
original lanes, as soon as it is safe and practicable to do so.
In order to assist the military efforts to counter piracy in this region, all vessels that are
subject to a confirmed attack should report to international navies present in the area or
other relevant authority, to assist in the deployment of naval resources to appropriate areas,
where piracy attacks are occurring.
This designation entered into force from 0001Z on 16th December 2015
4. The Unions and Owners/Company agree to review the situation from time to time as
necessary, but before any extra compensation shall be due any seafarer pursuant to Article
28 Agreement, the parties agree to confer regarding their mutual understanding of the
appropriate designation of the area in question.
_______________________________________________________
Seabourn Cruise Line Limited
Richard D. Meadows, President
_______________________________________________________
Johnny Hansen, President
Norwegian Seafarers' Union,
on behalf of itself and
Norwegian Maritime Officers Association,
Norwegian Unions of Marine Engineers, and
Associated Marine Officers' and Seamen's Union of the Philippines
70
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IRTC Corridor, Chart 1a
USEFUL ADDRESSES:
Seabourn Cruise Line Limited 450 Third Avenue West Seattle, WA 98119, USA PH: +1-206 298 3879 EM:[email protected] Norwegian Maritime Officers Association Post Box 2000 Vika N-0125 Oslo, Norway PH: +47-22 00 55 00 EM: [email protected] Norwegian Union of Marine Engineers Post Box 2000 Vika N-0125 Oslo, Norway PH: +47-24 14 83 70 EM: [email protected]
Associated Marine Officers’ and Seamen’s Unions of the Philippines Seamen’s Center Cabildo corner Sta. Pontenciana St. Intramuros, Manila, Philippines PH: +63-(0)2-527-8491 FX: +63-(0)2-527-3534 EM: [email protected] Norwegian Seafarers’ Union Head Office: Post Box 2000 Vika N-0125 Oslo, Norway PH: +47-22 82 58 00 EM: [email protected] Visitors: Maritimt Hus Rosenkrantz gate 15-17 Oslo, Norway
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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 Unions. The latest
updated version may be obtained from the Owners/Company and the Unions respectively
by request.