Contents :
NAME OF SHIP:
SHIP TYPE:
REGISTER (NET) TONNAGE:
OFFICIAL NUMBER:
COMPANY ADDRESS:
PLACE OF COMMENCEMENT OF EMPLOYMENT:
DATE OF COMMENCEMENT OF EMPLOYMENT:
SIGNATURES:
(the employer, master or other person authorized by the employer):
(the employee):
It is agreed that:
The employer will employ the seaman ------ (the seaman to be employed), who will serve in the capacity of ------(as documented by formal certificates approved by the DoT), and at the rate of wages expressed in paragraph (xi).
(Copies of the above mentioned documents will be attached at the end of this agreement).
The employment shall be in respect of any ports or places within the MEDITERRANEAN and the BLACK SEA under a Running Agreement for a period not to extend beyond twenty (20) calendar months from the day of enactment of this agreement.
In case the vessel is engaged in a voyage on the day of expiration of the agreement, this agreement ends on the first return to a European port after that date.
iii) minimum service period for termination of the contract
After two (2) voyages or thirty-one (31) days’ service have been completed (whichever first occurs) by the seaman, his engagement may be terminated by either party involved in this agreement, in GREECE by giving ten (10) days of notice (such period of notice not to include Saturdays, Sundays or public holidays). Notice must be given in writing by either party before the ship is due to arrive at a port in GREECE.
iv) notice for termination of the contract
The seaman, having served under this agreement for a minimum period of four (4) calendar months may give notice to the master in writing not later than seven (7) days before the ship is due to arrive in any port within the limits laid down in paragraph (ii) to terminate his engagement after the expire of the notice at a port within these limits. The port of termination of the engagement shall be nominated by the master.
The master may give notice to terminate the engagement of the seaman provided that he has served under this agreement for the minimum period of four (4) months. Notice for termination of this agreement given by the master shall not be less than seven (7) days prior to arrival in any port within the limits laid down in paragraph (ii).
If this agreement is terminated in a port outside GREECE, the seafarer agrees to a deduction from the wages payable to him equal to the actual expenses paid by the employer for his repatriation.
Such expenses include:
1. accommodation for up to four days,
2. tickets to a GREEK port, airport, bus station, or railway station.
It is on the seafarer’s discretion to choose the means by which he will travel and the final destination.
It is on the employer’s discretion to choose the type of accommodation for the seafarer.
Arrangements for repatriation will be made by the master, agent, or other person authorized by the employer.
In case that the repatriation cost exceeds the amount of wages payable to the seaman, the seaman agrees to pay by means of cash, cheque or other form of bank guarantee certificate the amount by which the repatriation cost exceeds the amount of wages payable to him.
v) Merchant Marine and Seafarers Union Agreements
Each national Merchant Marine Agreement or Seafarers Union Agreement (relating to pay, hours of work, leave, etc.) shall have effect in relation to the above seaman employed under this agreement if such an agreement relates to the above seaman, as if it was incorporated in this agreement.
Wages will not be paid for any hours during which the seaman:
1. refuses or neglects to work when required,
2. is absent without leave,
3. is absent without having given substantial reason to the satisfaction of the
master for his absence,
4. for any period during which the seaman is incapable of performing his duties
by reason of illness or injury which has been caused by his own act or
conduct.
Hours illegible for payment will be calculated as the equivalent of one-three- hundred-fiftieth (1/350) of the basic monthly wage stipulated in paragraph (xi).
This agreement incorporates the Merchant Marine Rules constituting the Merchant Navy Officers’ Pensions Fund. The above seaman is bound by all the provisions of the Rules and authorizes the employer to deduct from the wages payable to him an amount being the legally required contribution payable by him to the N.A.T. (Greek Merchant Navy Officers’ Pensions Fund). The employer undertakes the obligation that the contributions payable by the seaman shall be paid into the Fund in respect to him (the seaman).
viii) incompetence and re-rating
If the seaman incompetently performs his work and duties according to the capacity in which he was first employed under this agreement, he may be re- rated by the master and transferred to other duties.
Re-rating shall not effect his remuneration.
ix) termination of the agreement
This agreement may be terminated:
1. by mutual consent,
2. if medical evidence provided (by a competent person) indicates that a
seaman is incapable of continuing to perform his work and duties by reason
of illness or injury,
3. if, in the opinion of the master, the continued employment of the seaman
would be likely to endanger the ship or any person on board or endanger the
seaman himself,
4. if the seaman, having been notified of the time the vessel is due to sail, is
absent without leave at the time fixed for sailing and the vessel proceeds to
sea without him or if substitutes have been engaged. Substitutes shall not be
engaged more than three (3) hours before the time fixed for sailing,
5. if the master is satisfied that a breach of the Code of Conduct for the
Merchant Navy has occurred,
6. if the seaman is found using (or proved to have been using) drugs or alcohol
on board the vessel,
7. by appropriate notice in accordance with the terms of this agreement.
The seaman agrees:
1. to initially join the ship by the time specified by the master,
2. to rejoin the ship by the time specified by the master at each port call if he is
ashore with leave permission,
3. to submit a vaccination and any other health precautions as may be required
by the master,
4. to exercise reasonable care in order to preserve in good condition the
equipment and machinery of the ship and all property on board,
5. to return in good order and condition before the termination of his
engagement all items, articles and equipment provided for his personal use
on board the vessel during the voyage(s) by the employer,
6. that all stores and provisions distributed to the crew are only for use and
consumption on board the ship and any unused or unconsumed stores or
provisions remain the property of the employer,
7. to comply with the Code of Conduct for the Merchant Navy,
8. in the event of the agreement being terminated outside GREEK territorial
waters, to the deduction from his wages of an amount being the actual
expenses of his repatriation (accommodation and tickets to be arranged by
the person authorized by the employer to do so) as stipulated in paragraph
(iv),
9. to keep his accommodation space clean and tidy and ready for inspection by
the master or officer authorized by him,
10. to perform his work and duties under the instructions, orders and supervision
of the 1st engineer of the vessel, and these are not given, to seek for approval
before performing any unusual task,
11. to employ all his skills in order to perform his work and duties,
12. to use all the protective clothing and equipment provided by the employer in
order to perform his duties,
13. to render his services upon request from the master or the 1st engineer of the vessel in excess of his daily basic working hour period as stipulated in
paragraph (xiv). Port calls, heavy seas conditions, dry-docking, grounding,
machinery or equipment failure or damage, and any other emergency
situations likely to be encountered are situations where the master or 1st
engineer of the vessel may request the seaman to render his services in
excess,
14. at the time when the seaman finally leaves the ship at the termination of his
employment, to leave his accommodation space in a clean and orderly
condition to the satisfaction of the master.
The employer agrees:
1. if the seaman shows to the satisfaction of the master that he can obtain a post of a higher grade than he actually holds, (e.g. an appointment as a 1st
engineer) he may claim that post provided that without any increased
expense to the employer, he furnishes a competent and reliable man in his
place,
2. to provide all necessary equipment, tools, machinery and devices for the
seaman to perform his duties,
3. to provide all necessary protective clothing and equipment for the seaman to
use on board in order to perform his duties safely,
4. for disputes relating to the amount payable to the seaman, the master may, if
the seaman desires so, agree to the dispute being transferred to the
Company’s Crew Manager in the company’s offices.
5. if the seaman is discharged otherwise than according to the terms of this
agreement before the commencement of the voyage, or before one month’s
wages have been earned, without having acted in breach of the terms of this
agreement or without fault on his part justifying his discharge or without his
consent, he shall be entitled to receive from the employer in addition to any
wages earned up to that time, one-fifth (1/5) of his monthly wages as
stipulated in paragraph (xii).
xii) basic monthly wage - overtime hours- bonus
It is agreed that the seaman shall be paid on the first (1) of each calendar month of employment starting from the second (2) month of employment, the sum of -- -- (basic monthly wage) in respect to his employment during the previous month.
Furthermore, the seaman shall be paid on the first (1) of each calendar month of employment starting from the second (2) month of employment, an amount in respect to any overtime hours which have accrued during the previous month of employment. Overtime hours are calculated at the rate of one-fiftieth (1/50) of the basic monthly wage stated in the previous paragraph.
Finally, it lies on the master’s discretion to pay on the first (1) of each calendar month of employment starting from the second (2) month of employment, an amount being nominated by the master in respect to any extra work voluntarily done by the seaman not considered as basic work or overtime work having accrued from the previous month of employment.
The above mentioned amounts shall be paid by the master or any person authorized by the employer. The seaman will receive a bank cheque in U.S.$ currency for the above amount dated for the first (1) working day of the following calendar month valid only in GREECE. Upon request from the seaman, the master may arrange for the cheque or part of it to be paid directly into a GREEK bank account nominated by the employee. In the latter case, the seaman will receive a cheque for the remaining amount due to him.
It is on the master’s discretion to decide the amount of leave time given to the seaman between successive voyages and whilst at a port. However, this period shall not in any way exceed the vessel’s expected waiting time in the port or five (5) consecutive days whichever the least.
No seaman is to leave the vessel before three (3) hours from arrival have elapsed. All seamen are to return to the vessel no later than five (5) hours prior to the scheduled sailing time or in accordance to the instructions given by the master.
Leave days are payable at a rate of one-sixtieth (1/60) per day the agreed basic monthly wage. No seaman is eligible for leave time if he has not completed at least fifteen (15) consecutive days of work on board the vessel (both days at sea and in port count).
The seaman is required under this agreement to work on the ship for twelve (12) hours per day. This period of twelve (12) hours is divided into three (3) equal parts constituting one (1) watch each. Between each watch, the seaman will have a minimum three (3) hour interval unless otherwise requested by the master and so agreed by the seaman. Each hour above the twelve (12) hour period mentioned above during which the seaman renders his services as requested by the master will be calculated as overtime hour and will be paid as mentioned in paragraph (xii).
The master is authorized to investigate into any allegations concerning the seaman’s conduct, actions or behavior, brought against the seaman during his employment.
In such a case the master will:
1. notify the employee of the allegation,
2. fix time for hearing,
3. confirm the right for the seaman to be accompanied,
4. re-iterate the allegation during the hearing,
5. ask the seaman whether he admits or deny the allegation,
6. interrogate the seaman to obtain the full story,
7. call witnesses supporting the allegation who will be examined and cross
examined,
8. adjourn a decision.
In such a case the seaman may:
1. call further witnesses to be examined and cross examined,
2. seek any further information required.
The final decision lies on the master’s discretion and according to the final result of the investigation it may be:
1. immediate termination of this agreement and dismissal,
2. termination of this agreement and dismissal with notice period,
3. issuing of a reprimand or warning.