PART
1
- Provisions
to be included in all agreements :
→
The
full name, birth place and date of birth
(or age at the time of entering into the agreement) of the seafarer.
→
The
name and address of the shipowner.
→
The
date
and place
where the agreement is entered into.
→
The
capacity
in which the seafarer is to work.
→
If the agreement has been made for a definite
period,
the termination date.
→
If
the agreement has been made for an indefinite
period,
the
period of notice
of termination required and the circumstances
in which such notice may be given.
→
If
the agreement has been made for a particular
voyage,
the destination
port
and the
period following arrival
after which the agreement terminates.
→
The
health
and social security
protection benefits.
→
The
maximum
period of service
on board following which the seafarer is entitled
to repatriation
(which must not exceed a period of 12 months less the number of days
statutory paid leave to which the seafarer is entitled).
→
The
seafarer’s entitlement
to repatriation
(including the mode of transport and destination of repatriation) and
the circumstances
in which the seafarer is required to meet or reimburse the shipowner
for the costs of repatriation.
→
The
maximum
sum
which the shipowner will pay to the seafarer in respect of
compensation
for any loss of personal property arising from the loss or foundering
of the ship.
→
Details
of any collective bargaining agreement
which is incorporated (in whole or part) into the agreement or is
otherwise relevant to it.
A
seafarer is entitled to paid annual leave of at least 2.5 days per
month of employment, plus an additional 8 days per year (in respect
of UK public holidays) or a proportion of those periods in respect of
a
period of employment of less than one month or one year. This may be
taken in installments but may not be replaced by a payment in lieu,
except where the seafarer's employment is terminated.
Arrangements
for when leave can be taken are to be agreed between seafarers and
the employer.
Where
seafarers have regular periods of leave as part of their pattern of
work (e.g. one month on, one month off) statutory paid leave may be
included within that pattern. This should be made clear in the
individual’s Seafarer Employment Agreement (SEA).
PART
2
- Provision
to be included where seafarer is an employee :
1.
The wages
(either the amount or the formula to be used in determining them).
2.
The manner
in which wages
must be paid, including payment dates
(the first of which must be no more than one month after the date on
which the agreement is entered into, with all subsequent dates being
no more than one month apart) and the circumstances (if any) in which
wages may or must be paid in a different currency.
3.
The hours
of work.
4.
The paid
leave
(either the amount or the formula to be used in determining it).
5.
Any pension
benefits
to be provided to the seafarer, including any entitlement to
participate in a pension scheme.
6.
The grievance
and disciplinary
procedures.
PART
3 - Provision to be included where seafarer is not an employee :
1.
The remuneration
(either the amount or the formula to be used in determining it)
2.
The manner
in which the remuneration must be paid, including payment dates (the
first of which must be no more than one month after the date on which
the agreement is entered into, with all subsequent dates being no
more than one month apart) and the circumstances (if any) in which
the remuneration may or must be paid in a different currency.
Provision
of such information may be achieved by including a cross reference in
the SEA to another document such as a collective bargaining
agreement, provided a copy of such document is kept on board the ship
and is available for inspection by seafarers or Flag State or Port
State inspectors.
Each
SEA must therefore include
a statement
signed by the shipowner or their representative and the seafarer
confirming that the seafarer
a.
has been given the opportunity
to review and seek advice
on their SEA;
b.
has received
an explanation of their rights and responsibilities
under the agreement before signing it, and
c.
that they have entered
into the agreement freely.
Minimum
Notice Period :
The
minimum period of notice to be given by the parties to terminate the
seafarer’s employment under an SEA is primarily a matter for
agreement between the parties concerned but
a.
must be stated in the SEA;
b.
must be the same for each party; and
c.
must not be less than seven days.
It
is recognized that in some circumstances, seven days may be too long
a period of notice.
The
MLC Minimum Requirements Regulations therefore provide for a
shorter period of notice without penalty
in the case of a request for termination on “compassionate
grounds”
(A possible example of “compassionate grounds” might be where,
during the course of a voyage it is confirmed that the spouse,
partner, child or parent of a seafarer has fallen dangerously ill,
been seriously injured or has died), or where the seafarer is
dismissed for “gross
misconduct”
(An example of “gross misconduct” might be a serious breach or
ongoing breaches of the Merchant Navy Code of Conduct (if applicable)
for which dismissal is the appropriate penalty).
Dealing
with seafarer complaints :
The
first step in respect of any dispute regarding the application of a
Seafarer’s Employment Agreement, or the terms and conditions
contained therein, should be the lodging of a complaint on-board the
ship for consideration under the on-board complaint procedure.
In
the event that the “on-board complaint procedure” fails to
resolve a complaint, the seafarer may raise it with an authorized
officer in the port where the ship is moored or anchored.
Where
the ship is in a port in the UK the complaint should be reported to
the nearest MCA Marine Office.
If
above steps fail to resolve the complaint or, for any other reason,
action in the courts becomes necessary, it should be noted that
whilst UK ships are subject to UK law, powers to determine a matter
are not restricted to the UK courts. A seafarer or shipowner may
undertake proceedings in a court in another country, although such
proceedings should normally take account of relevant UK law.
0 comments:
Post a Comment