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COLLECTIVE FLEET AGREEMENT

between

------------------------------------------------

on behalf of the owner for the vessels

listedin Annex I (which may be amended as necessary),

hereinafter “Company”

and

SEAFARERS UNION OF RUSSIA,

_____________________________

an affiliated union of

the International Transport Workers' Federation (ITF), London

hereinafter “Union”

2012 -2014

Application

§1

1.1 This Agreement sets out the standard terms and conditions applicable to all seafarers serving on any ship listed in Annex I in respect of which there is in existence a Special Agreement made between the Seafarers Union of Russia affiliated with ITF (International Transport Workers’ federation) and----------------------------------------------

1.2 This Agreement is deemed to be incorporated into and to contain the terms and conditions of employment of any seafarer to whom this Agreement applies whether or not the company has entered into an individual Contract of Employment with the seafarer.

1.3 The Special Agreement requires the Owners (inter alia) to employ the seafarers on the terms and conditions of the SUR ITF approved agreement, and to enter into individual contracts of employment with any seafarer to whom this Agreement applies, incorporating the terms and conditions of the SUR ITF approved Agreement. The Company undertakes that it will comply with all the terms and conditions of this Agreement. The Company shall further ensure that signed copies of the SUR ITF approved Agreement (CBA) and of the ITF Special Agreement are available on board in English.

1.4 The words “seafarer”, “ship”, Special Agreement’, “union”, “ITF” and “company” when used in this Agreement shall have the same meaning as in the Special Agreement. Furthermore, “seafarer” means any person who is employed or engaged or works in any capacity to whom this collective bargaining agreement applies.“MLC” means Maritime Labour Convention adopted by the General Conference of the International Labour Organization on 23 February 2006.

1.5 Each seafarer, in accordance with 1.1 above, shall be covered by the Agreement with effect from the date on which they are engaged, whether they have signed Articles or not, until the date on which they sign offor if later the date until which, in accordance with this Agreement, the company is liable for the payment of wages, whether or not any employment contract is executed between the seafarer and the company and whether or not the Ship’s Articles are endorsed or amended to include the rates of pay specified in this Agreement.

Pre-Employment

§2

2.1 Each seafarer shall undertake to serve the company competently and shall undertake that they possess, and will exercise, the skill commensurate with the certificates, which they declare to hold, which should be verified by the Company.

2.2 The company shall be entitled to require that any seafarer shall have a satisfactory pre-employment medical examination, at company expense, by a company-nominated doctor and that the seafarer answer faithfully any questionnaire on their state of health, which may be required. Failure to do so may affect the seafarer’s entitlement to compensation as per Articles 21,22,23, 24 and 25. The seafarer shall be entitled to receive a copy of the medical certificate issued in respect of such an examination.

2.3 Companies who are direct employers or who use seafarers recruitment and placement services shall ensure, as far as practicable, that the standards laid down in the MLC are met including the requirement that no fees or visa costs are borne directly or indirectly, in whole or in part, by the seafarers for finding employment, the right for seafarers to inspect their employment agreements and seek advice before engagement and preventing the recruitment or placement services from using means, mechanisms or lists to prevent seafarers from gaining employment for which they are qualified.

2.4 Each seafarer shall sign the seamen’s employment contract attached as APPENDIX 4.

Non-Seafarers Work

§3

3.1 Neither ship’s crews nor anyone else on board whether in permanent or temporary employment by the Company shall carry out cargo handling and other work traditionally or historically done by dock workers without the prior agreement of the ITF Dockers Union or ITF 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 clause “cargo handling” may include but is not limited to: loading, unloading, stowing, unstowing, pouring, trimming, classifying, sizing, stacking, unstacking as well as composing and decomposing unit loads; and also services in relation with cargo or goods, such as tallying, weighing, measuring, cubing, checking, receiving, guarding, delivering, sampling and sealing, lashing and unlashing.

3.2 Where a vessel is in a port where an official trade dispute involving an ITF-affiliated dock workers’ union is taking place, neither ship’s crew nor anyone else on board whether in permanent or temporary employment by the Company shall undertake cargo handling and other work, traditionally and historically done by members of that union which would affect the resolution of such a dispute. The Company will not take any punitive measures against any seafarer who respects such dockworkers’ trade dispute and any such lawful act by the Seafarer shall not be treated as any breach of the Seafarer’s contract of employment, provided that this act is lawful within the country it is taken.

3.3 For crewmembers compensation for such work performed during the normal working week, as specified in Article 5, shall be by the payment of the overtime rate specified in ANNEX 2 for each hour or part hour that such work is performed, in addition to the basic pay. Any such work performed outside the normal working week will be compensated at double the overtime rate.

Duration of Employment

§4

4.1 A seafarer shall be engaged for 9 (nine) months and such period may be extended or reduced by 1 month for operational convenience. The employment shall be automatically terminated upon the terms of this Agreement at the first arrival of the ship in port after expiration of that period, unless the company operates a permanent employment system

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COLLECTIVE

BARGAINING AGREEMENT

between

______________________

on behalf of the owners listed inside

and

Pacific Regional Organization, Vladivostok

an affiliated union of the

International Transport Workers’ Federation (ITF), London

1January2012

Коллективный Договор

между

________________________

от имени судовладельца

и

Тихоокеанская Региональная Организация РПСМ, г. Владивосток

как аффилированный член Международной федерации транспортных работников (МФТ), Лондон

1 января2012 г.

2012 – 2014 IBF TCC Agreement

Article 1: Application

1.1 This IBF Agreement sets out the standard terms and conditions applicable only to seafarers serving on any ship owned or operated by a company in membership with the Joint Negotiating Group in respect of which there is in existence an IBF Special Agreement.

1.2 This Agreement is deemed to be incorporated into and to contain the terms and conditions of employment of any seafarer to whom this Agreement applies whether or not the Company has entered into an individual Contract of Employment with the seafarer.

1.3 It is understood and agreed that nothing contained in this Agreement is intended to or shall be construed as to restrict in any way the authority of the Master.

1.4 The IBFSpecial Agreement requires the Company,inter alia to employ the seafarers on the terms and conditions of an ITF approved agreement, and to enter into individual contracts of employment with any seafarer to whom this Agreement applies, incorporating the terms and conditions of an ITF approved Agreement. The Company undertakes that it will comply with all the terms and conditions of this Agreement. The Company shall further ensure that signed copies of the applicable ITF approved Agreement (CBA) and of the ITF Special Agreement are available on board in English.

1.5 The words “seafarer”, “ship”, IBF Special Agreement’, “Union”, “ITF” and “company” when used in this Agreement shall have the same meaning as in the IBFSpecial Agreement. Furthermore, “seafarer” means any person who is employed or engaged or works in any capacity to whom this collective bargaining agreement applies. “MLC” means Maritime Labour Convention adopted by the General Conference of the International Labour Organization on 23 February 2006.

1.6 Each seafarer, shall be covered by the Agreement with effect from the date on which they are engaged, whether they have signed Articles or not, until the date on which they sign off or, if later, the date until which, in accordance with this Agreement, the Company is liable for the payment of wages, whether or not any employment contract is executed between the seafarer and the Company and whether or not the Ship’s Articles are endorsed or amended to include the rates of pay specified in this Agreement.

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ITF STANDARD COLLECTIVE AGREEMENT

1 January 2008

Application §1

This Agreement sets out the standard terms and conditions applicable to all Seafarers serving on any Ship in respect of which there is in existence a Special Agreement (“the Special Agreement”) made between the Union, an affiliate of the International Transport Workers' Federation (the ITF) and the Company who is the Owner/Agent of the Owner of the Ship.

This Agreement is deemed to be incorporated into and to contain the terms and conditions of employment of any Seafarer whether or not the Company has entered into an individual Contract of Employment with the Seafarer.

The Special Agreement requires the Company (inter alia) to employ the Seafarers on the terms and conditions of this Agreement, and to enter into individual contracts of employment with each Seafarer incorporating the terms and conditions of this Agreement (“the ITF Employment Contract”). The Company has further agreed with the Union and the ITF to comply with all the terms and conditions of this Agreement. The Company shall further ensure that signed copies of the applicable ITF approved Agreement (CBA) and of the ITF Special Agreement are available on board in English.

The words “Seafarer”, “Ship”, “Special Agreement”, “ITF” and “Company” when used in this Agreement shall have the same meaning as in the Special Agreement. Furthermore, “seafarer” means any person who is employed or engaged or works in any capacity to whom this collective bargaining agreement applies.

§2

A Seafarer to whom this Agreement applies, in accordance with paragraph 1 above, shall be covered by the Agreement with effect from the date on which s/he is engaged or the date from which the ITF Special Agreement is effective as applicable, whether s/he has signed Articles or not, until the date on which s/he signs off and/or the date until which, in accordance with this Agreement, the

Company is liable for the payment of wages, whether or not the ITF Employment Contract is executed between her/him and the Company and whether or not the Ship's Articles are endorsed or amended to include the rates of pay specified in the ITF Standard Collective Agreement.

Duration of Employment §3

A Seafarer shall be engaged for 6 (six) months, which period may be extended to 7 (seven) months or reduced to 5 (five) months for operational convenience. Her/his employment shall be automatically terminated upon the terms of this Agreement at the first arrival of the Ship in port after expiration of that period, or of any other period specified in her/his ITF Employment Contract.

Wages §4

The wages of each Seafarer shall be calculated in accordance with this Agreement and as per the attached Wage Scale (Annex 1) and the only deductions from such wages shall be as required by relevant statute or as authorised by the Seafarer herself/himself. The Seafarer shall be entitled to payment in cash in US Dollars (or in local currency, at the Seafarer's option) of her/his net wages after such deductions at the end of each calendar month together with an account of their wages, identifying the exchange rate where applicable. Any net wages not so drawn shall accumulate for her/his account and may be drawn by her/him at any time when the Ship is in port. Further, on the Ship's arrival in port, and thereafter not more frequently than every seventh day in the same country, the Seafarer shall be entitled to draw all or part of the net wages due to her/him in respect of the current calendar month. For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.

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ITF OFFSHORE COLLECTIVE AGREEMENT

Effective 1 January 2012

Application

§1

1.1 This agreement sets out the minimum standard terms and conditions applicable to all Seafarers serving in any offshore vessel/unit in respect of which there is in existence a Special Agreement ("the Special Agreement") made between the International Transport Workers' Federation ("the ITF") and the Owners, Managers, Employers and Contract of that Offshore Vessel/Unit ("the Owners") This Agreement is applicable and of full force and effect whether or not the Owners have entered into individual contracts of employment with any Employee.

1.2 The Special Agreement requires the Owners (inter alia) to employ the Seafarerss on the terms and conditions of this Agreement, and to enter into individual contracts of employment with each Seafarer, which meet or exceed the terms and conditions of this Agreement. The parties to this agreement have further agreed that they will both comply with all the terms and conditions of this Agreement.

1.3 It is understood and agreed that nothing contained in this Agreement is intended or shall be construed as to restrict in any way the authority of the Master.

1.4 The words "Seafarer", "Vessel" and "Unit", "Special Agreement", "ITF", and "Owners" when used in this Agreement shall bear the same meaning as in the Special Agreement. Furthermore, “seafarer” means any person works in any capacity to which this Collective Agreement applies. “MLC” means Maritime Labour Convention adopted by the General Conference of the International Labour Organization on 23 February 2006.

§2

2.1 A Seafarer to whom this Agreement is applicable, in accordance with Article 1 above, shall be entitled to the wages and other benefits of this Agreement with effect from the date on which s/he is engaged, whether s/he has signed articles or not, until the date on which s/he signs off and/or the date until which, in accordance with this Agreement, the company is liable for the payment of wages, whether or not any Employment Contract is executed between her/him and the Owners and whether or not the ship's articles are endorsed or amended to include the rates of pay specified in this Agreement.

2.2 Each seafarer shall undertake to serve the Company competently and shall undertake that they possess, and will exercise, the skill commensurate with the certificates that they declare to hold, which should be verified by the Company.

2.3 The Company shall be entitled to require that any seafarer shall have a satisfactory pre-employment medical examination, at Company expense, by a Company-nominated doctor and that the seafarer answer faithfully any questionnaire on their state of health, which may be required. Failure to do so may affect the seafarer’s entitlement to compensation as per Articles 14, 15, 18 and 19. The seafarer shall be entitled to receive a copy of the medical certificate issued in respect of such an examination.

2.4 Companies who are direct employers or who use seafarers recruitment and placement services shall ensure, as far as practicable, that the standards laid down in the MLC are met including the requirement that no fees or visa costs are borne directly or indirectly, in whole or in part, by the seafarers for finding employment, the right for seafarers to inspect their employment agreements and seek advice before engagement and preventing the recruitment or placement services from using means, mechanisms or lists to prevent seafarers from gaining employment for which they are qualified.

Duration of Employment

§3

3.1 An Employee shall be engaged for at least six (6) months and may be subject to a probationaryperiod of three (3) months. During this period both the seafarer and /or the company shall be entitiled to terminate the employment prior to the expiry of the contract during this period. In such an event compensation for premature termination of employment shall not apply.

3.2 The engagement of the seafarer may be extended on a continous employment basis subject to agreement with the union.

3.3 The seafarer shall be employed on a rotation system off 1on 1 off or 2 on 1 off leave system taking into account local circumstances. It’s recognised that from time to time the company may require employing seafarers on short-term contracts due to sick leave or additional crew requirements.

Wages

§4

4.1 The wages of each Seafarer shall be calculated in accordance with this Agreement and the attached minimum wage Appendix (A) North Sea and (B) Worldwide, (North Sea is defined North of Brest, France) and the only deductions from such wages shall be proper statutory deductions as recorded in the Special Agreement and/or deductions authorised by the Seafarer herself/himself. The Employee shall be entitled to payment in cash in US Dollars (or in a mutually agreed currency) of her/his net wages after such deductions at the end of each calendar month, or any net wages not so drawn by her/him at any time when the vessel/unit is in port. Further, on the vessel's/unit’s arrival in port, and, thereafter, not more frequently than every seventh day in the same country, the Employee shall be entitled to draw all or part of the net wages due to her/him in respect of the current calendar month. For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.

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Договоры

 

Уважаемые моряки!

Обращаем Ваше внимание на то, что в настоящее время существует несколько видов коллективных договоров одобренных ITF для судовладельцев, нанимающих на работу российских моряков. Это договор общей стоимости экипажа (ITF/UNIFORM/TCC), договор общей стоимости экипажа для судовладельцев –членов Международной ассоциации морских работодателей (IBF/SUR/TCC Agreement) и Стандартный договор МФТ, значительно превосходящий по ставкам остальные договоры, который используется только в случае проведения акций против судов, не имеющих одобренного договора ITF. Для оффшорных судов существует Оффшорный договор МФТ.

Договоры РПСМ

• Стандартный договор МФТ
• Договор общей стоимости экипажа для судовладельцев – членов IMEC (Международный комитет морских работодателей)
• Коллективный договор МФТ/РПСМ по ТСС. Для экипажей судов под удобным флагом

 

 

    MARINETRAFFIC