Unit II seafarers’ employment

Text A

Contract of employment

It is a sort of document between the Company or the Owner and the seaman. It shall be signed by the master of the ship on behalf of the Shipping Company and the seaman. The Contract consists of several points and as a rule the number of which extend to 15.

Firstly the seaman is required to state his date and place of birth, nationality, and passport number. Seaman’s book number, home address, next of kin are to be indicated as well. The position of his being engaged the name and type of the ship form a part of the document. The essential item is duration of employment. It may last from six up to nine months plus / minus 1-2 at Owner’s option. But the contract can be extended further subject to mutual consent of the parties to this agreement.

The second item is wages. Payment starts upon departure and ends upon s/off-disembarkation from the vessel. Breakdown of total monthly wages include basic wages, S.W.A., leave pay, fixed overtime for all in hours. It is further more explained that overtime apply only to ratings, officers’ wages are inclusive everything.

The next one is hours of work. The normal work week consists of forty hours as determined and prescribed by the Master, always in conformity with international maritime standards and practices. The seaman, however, will also work during such hours and at such times as may be ordered by the master, but always in accordance with the seaman’s duties and position on board. It is also stated in the contract that the holidays are: New Year’s Day (January 1-st), Easter (Good Friday, Easter Monday), Labour Day (May 1-st), Christmas Day (December 25-th), Second Day of Christmas (December 26-th). But the seaman will not be given extra compensation for any hours of duty necessitated by an emergency affecting the safety of the vessel, the passengers, the crew or the cargo; or in fire, boat, or emergency drill or work required to give assistance to other vessels or persons in immediate peril.

The item “Payment” explains that the seaman will be paid up to 80 % of his total monthly earnings either by way of allotment to his bank or family or by shipboard advances. The rest 20% will be paid to the seaman by the Master/Company upon completion of his contract.

Probationary period implies two months during which the company reserves the right to dismiss the seaman if the Master is not satisfied with his services. In such a case this crew member is repatriated at his own expenses. If the seaman decides to terminate his engagement before the expiration of the contract period, he shall give the Master a thirty day notice in writing and pay his repatriation expenses.

However, the employment of the seaman may be discontinued at any time without prior notice if he:

• Commits a criminal act which makes his further stay on board dangerous to the safety of the people, the vessel or her cargo.

• Becomes unfit for work through his own criminal or wilful act.

• Causes wilful damage to the property of the Company or the vessel’s cargo.

• Disobeys or breaches in whatever manner or form the discipline on board.

• Persistently exhibits negligence in the performance of his duties.

• Attempts to desert or leave the ship without permission and/or misses the vessel’s departure through his own negligence.

• Takes on board and/or possesses and/or makes use of alcohol, drugs of whatever nature, deadly weapons and other dangerous items.

• Is found drunk during or after service.

• Is involved in contraband or attempts to smuggle illegal goods of any nature to and from the vessel or the port.

Sometimes the Company can terminate the seaman’s Contract, sign off and repatriate the seaman within the first eight months of the contract paying him at the same time a severance pay of two weeks’ basic wages if a ship has been wrecked, sold laid-up or abandoned or the voyage undertaken can not be continued because of war, warlike activities, embargo or blockade.

One of the Contract items is war and war-like operation. The seaman will be entitled to a bonus of 100% of his basic wages for the period during which the ship is within the so declared war or war-like zone.

The Contract also includes the item named accident - illness / insurance. The Company undertakes to keep the crew covered at all times with a reputable P + I Club. If during the contract period the seaman suffers an accident or becomes ill, but not because of his own wilful act, default or misbehaviour, and must be repatriated according to doctor’s orders, he is to receive for as long as his treatment ashore lasts (but more than three months) a payment equal to 100 % of his monthly basis wages, effective from the date of his disembarkation. The medical care provided to the seaman shall be in compliance with the vessel’s P+I Club insurance. Other possible cases of the seaman’s disability and injuries are also described in detail.

Two more items are given in the Contract. They are “Jurisdiction” and “Contribution to Union”.

They explain where the seaman can address in the event of any dispute or disagreement between him and the Company and his agreement for monthly deduction from his wages as contribution to Seaman’s Union.

The Contract of employment is dated and signed by the Seaman and Company/Master. The place is stated as well as witness to the contract (his signature).