IBF Agreement

17.1 The Company may terminate the employment of a seafarer following a serious default of the seafarers employment obligations which gives rise to a lawful entitlement to dismissal, provided that the Company shall, where possible, prior to dismissal, give written notice to the seafarer specifying the serious default which has been the cause of the dismissal.

17.2 In the event of the dismissal of a seafarer in accordance with this clause, the Company shall be entitled to recover from that seafarer’s balance of wages the costs involved with repatriating the seafarer together with such costs incurred by the Company as are directly attributable to the seafarers proven misconduct. Such costs do not, however, include the costs of providing a replacement for the dismissed seafarer.

17.3 For the purpose of this Agreement, refusal by any seafarer to obey an order to sail the ship shall not amount to a breach of the seafarers employment obligations where:

c) the seafarer has a genuine grievance against the Company in relation to the implementation of this Agreement and has complied in full with the terms of the Company's grievance procedure

d) the seafarer refuses to sail into a warlike area.

17.4 The company shall ensure that a fair, effective and expeditious on-board procedure is in place to deal with reports of breaches of employment obligations and with seafarers complaints or grievances. The procedures shall allow seafarers to be accompanied or represented during the procedure and provide safeguards against victimization for raising complaints that are not manifestly vexatious or malicious.

21.1 The Company shall provide the necessary personal protective equipment in accordance with ISM/IMO regulations, or any applicable national regulations that specify any additional equipment, for the use of each seafarer while serving on board.

21.2 The Company will supply the crew with appropriate personal protective equipment for the nature of the job.

21.3 Seafarers should be advised of the dangerous nature and possible hazards of any work to be carried out and instructed of any necessary precautions to be taken as well as of the use of the protective equipment.

21.4 If the necessary safety equipment is not available to operate in compliance with any of the above regulations, seafarers should not be permitted or requested to perform the work.

21.5 Seafarers should use and take care of personal protective equipment at their disposal and not misuse any means provided for their own protection or the protection of others. Personal protective equipment remains the property of the Company.

dismissal - увольнениеto recover - возмещать to incur - понеси расходыattributable - отнесенный к чему-либоrefusal - отказto obey - подчинятьсяto amount (to) - приравниваться, быть равнымunlawful - незаконныйexpeditious - быстрый, ускоренныйsafeguard - гарантия, охрана, защитаvictimization - преследованиеcomplaint - жалобаmanifestly - очевидно, явноvexatious - обременительный, причиняющий беспокойствоmalicious - злонамеренныйacute - острыйpursuant to - в соответствии сunfit - непригодный, нетрудоспособныйsubmission - представление, подача документовdetermination - зд. (мед.) заключениеin line with - в соответствии сreimbursement - возмещение, оплатаon behalf of - от имениassessment - оценка, мнение, суждениеto bind  - обязыватьpro rata - пропорциональныйthereafter - соответственно, сообразноsubmission - (юр.) мнение, утверждение, заявлениеundue - неподходящий, несоответствующийincapacity - недееспособностьto cure - вылечивать, излечиватьregardless - независимо отto ocсur - случаться, происходитьwilful - преднамеренныйto assess - оцениватьto resolve - решать, принимать решениеprejudice - ущербto deduct - вычитатьdecent - достойныйpromptly - немедленно, безотлагательноinsurer - страховщикinterim - временный, промежуточныйhardship - трудности, тяготы, лишенияInternational Safety Management Code (ISM) - Международный кодекс по управлению безопасностьюInternational Maritime Organization (IMO)- Международная морская организация precaution - предосторожностьin compliance with - в соответствии сat one's disposal - в чем-л. распоряженииto misuse - злоупотреблятьto facilitate - облегчать, способствоватьInternational Labour Organization (ILO) - Международная организация труда Code of practice on Accident Prevention on Board Ship at Sea and in Port - Свод практических правил по профилактике несчастных случаев на борту судна в море и в портуto designate - назначатьto implement - осуществлять, выполнятьawareness - осведомленность, информированностьrecurrence - повторениеto acknowledge - признавать, допускатьrepresentative - представительliaison - зд. доверенныйwaiver - отказ от правassignment - передача правbackwage - выплаты по задолженностиemolument - выплаты, жалованье, доходnull and void - недействительныйto remit - перечислятьSeafarers’ Employment Promotion Fund (SEPF) - Фонд содействия трудлустройству моряковobjective - цель

22.1 The Company shall facilitate the establishment of an on board Safety and Health Committee, in accordance with the provisions contained in the ILO Code of Practice on Accident Prevention on Board Ship at Sea and in Port, and as part of their safety-management system as per the requirements of the ISM Code.

22.2 The Company shall provide a link between the Company and those on board 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 Company shall also designate an on board competent safety Officer who shall implement the Company’s safety and health policy and program and carry out the instructions of the Master to:

b) investigate any safety complaints brought to her/his attention and report the same to the Safety and Health Committee and the individual, where necessary

c) investigate accidents and make the appropriate recommendations to prevent the recurrence of such accidents

22.3 The Company acknowledges the right of the crew to elect a safety representative to the on board Safety and Health Committee. Such a representative shall be entitled to the same protections as the liaison representative as provided for in 31.5

23.1 The 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 Company, their servants or agents any wages (including backwages) or other emoluments due or to become due to the seafarer under this Agreement and the Company agrees that any such document already in existence shall be null and void and of no legal effect.

24.1 The Company shall remit US$10 per seafarer per month to the Seafarers’ Employment Promotion Fund (SEPF) in order to meet the objectives as agreed at the IBF

18.1 A seafarer shall be entitled to immediate medical attention when required and to dental treatment of acute pain and emergencies.

18.2 A seafarer who is hospitalised abroad owing to sickness or injury shall be entitled to medical attention (including hospitalisation) at the Company’s expense for as long as such attention is required or until the seafarer is repatriated pursuant to Article 20,whichever is the earlier.

18.3 A seafarer repatriated  and unfit as a result of sickness or injury, shall be entitled to medical attention (including hospitalisation) at the Company’s expense:

a) in the case of sickness, for up to 130 days after repatriation, subject to the submission of satisfactory medical reports

b) in the case of injury, for so long as medical attention is required or until a medical determination is made in accordance with clause 25.2 concerning permanent disability

c) in those cases where, following repatriation, seafarers have to meet their own medical care costs, in line with Article 22.3 (a), they may submit claims for reimbursement within 6 months, unless there are exeptional circumstances, in which case the period may be extended

18.4 Proof of continued entitlement to medical attention shall be by submission of satisfactory medical reports, endorsed where necessary, by a Company appointed doctor. If a doctor appointed by or on behalf of the seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the Union and the decision of this doctor shall be final and binding on both parties.

19.1 When a seafarer is landed at any port because of sickness or injury, a pro rata payment of their basic wages plus guaranteed or, in the case of officers, fixed overtime, shall continue until they have been repatriated at the Company’s expense as specified in Article 20.

19.2 Thereafter the seafarers shall be entitled to sick pay at the rate equivalent to their basic wage while they remain sick up to a maximum of 130 days. The provision of sick pay following repatriation shall be subject to submission of a valid medical certificate, without undue delay.

19.3 However, in the event of incapacity due to an accident the basic wages shall be paid until the injured seafarer has been cured or until a medical determination is made in accordance with clause 20.2 concerning permanent disability.

19.4 Proof of continued entitlement to sick pay shall be by submission of satisfactory medical reports, endorsed, where necessary, by a Company appointed doctor. If a doctor appointed by or on behalf of the seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the Union and the decision of this doctor shall be final and binding on both parties.

20.1 A seafarer who suffers permanent disability as a result of an accident whilst in the employment of the Company regardless of fault, including accidents occurring while travelling to or from the ship, and whose ability to work as a seafarer is reduced as a result thereof, but excluding permanent disability due to wilful acts, shall in addition to sick pay, be entitled to compensation according to the provisions of this Agreement.

20.2 The disability suffered by the seafarer shall be determined by a doctor appointed by the 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 Company and the Union and the decision of this doctor shall be final and binding on both parties.

20.3 The Company shall provide disability compensation to the seafarer in accordance with APPENDIX 3, with any differences, including less than 10% disability, to be pro rata.

20.4 A seafarer whose disability, in accordance with 20.2 above 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 in any capacity by the Company-nominated doctor, shall also be entitled to 100 % compensation. Any disagreement as to the assessment or entitlement shall be resolved in accordance with clause 20.2.

20.5 Any payment effected under 20.1 to 20.4 above, shall be without prejudice to any claim for compensation made in law, but may be deducted from any settlement in respect of such claims.

20.6 Shipowners, in discharging their responsibilities to provide for safe and decent working conditions, should have effective arrangements for the payment of compensation for personal injury. When a claim arises, payment should be made promptly and in full, and there should be no pressure by the shipowner or by the representative of the insurers for a payment less than the contractual amount due under this Agreement. Where the nature of the personal injury makes it difficult for the shipowner to make a full payment of the claim, consideration to be given to the payment of an interim amount so as to avoid undue hardship.