BRAVE SHIPPING AND TRADING CO SEAFARER’S
EMPLOYMENT CONTRACT
THIS AGREEMENT IS BETWEEN:-
………………………………….AASHIYAN IMTIYAZ BHERI /INDIAN…………………………………………….
……………………………………………D.O.B.05/09/2005….……….……….......................…………………......
………………………………….RAIGAD,MAHARASHTRA ,INDIA………………………………………….……….
.....................................................................EFE SHIPPING ING. …………………………………………………….
. ....................... TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND……….…...
CAPACITY IN WHICH SEAFARER IS TO BE EMPLOYED
The capacity in which you are initially employed is...................O.S. …………………. PLACE OF
WORK
You will be employed on ………………… MV BLUE SHARK / IMO 9128142 under the terms and conditions
stated in the contract in compliance with MLC 2006
Where the ship enters into a war operation area (as defined by vessel’s P&I) the seafarer has the option to
follow the vessel or not. In case he/she agrees then the present employment is continued without any addition,
however in case the seafarer refuses to follow the vessel in the war operation area then he/she is to be
repatriated at Owners’ expense without any compensation due to early termination of contract
TRANSFER TO OTHER VESSELS
The crewmember agrees to be transferred to any other vessel under the same management, free of expenses
to the seaman but without any compensation, under the same terms and conditions
WAGES
Your wages will be ….750 USD #............... per week/month (delete as appropriate) or formula for determining
Wages (at periods no greater than one (1) month)
MEANS OF PAYMENT OF WAGES
Your wages will be payable by remittance or cash (whatever applicable) at weekly/monthly (delete as
appropriate) intervals after completion of each calendar month. Payment as per seaman’s instructions to an
international bank account of his or designated relative or in cash.
PAID ANNUAL LEAVE
You are entitled to take ………………2.5……………. (Insert number) days for each completed month of
employment as paid leave /prorate for shorter period
If your employment commenced or terminates part way through the holiday year, your entitlement to paid
annual leave will be assessed on a pro rata basis. Deductions from final salary due to you on termination of
employment will be made in respect of any paid annual leave taken in excess of your entitlement.
TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND
BRAVE SHIPPING AND TRADING CO SEAFARER’S
EMPLOYMENT CONTRACT
There is no provision for the transfer of paid annual leave from one year to the next. All paid annual leave must
be taken in the year in which it accrues. There is also no provision for payment to be made in lieu of untaken
leave except where paid annual leave has accrued but has not been taken at the date of termination of
employment.
OFFICIAL HOLIDAYS AS PER SEAFARER’S NATIONALITY
NOTICE OF TERMINATION OF EMPLOYMENT
Indefinite Agreement
The length of notice which you are obliged to give to terminate your employment is 30 days
The length of notice which you are entitled to receive from the shipowner to terminate your employment is 20
days
HEALTH AND SOCIAL SECURITY BENEFITS
If you become sick or injured whilst on a voyage, you will be paid your normal basic wages until you have been
repatriated in accordance with the repatriation provisions set out below.
The owners or shipmanagers guarantee that you are insured for the duration of your present employment with
the P&I CLUB
If you require medical care while you are on-board this will be provided free of charge, including access to
necessary medicines, medical equipment and facilities for diagnosis and treatment and medical information
and expertise. Where practicable and appropriate, you will be given leave to visit a qualified medical doctor or
dentists in ports of call for the purpose of obtaining treatment.
In the event of sickness or incapacity, you will be provided with medical care, including medical treatment and
the supply of necessary medicines and therapeutic devices and board and lodging away from home until your
recovery or until your sickness or incapacity has been declared of a permanent character, subject to a maximum
period of 16 week). In addition the shipowner will meet the cost of the return of your property left on board to
you or your next of kin.
In the event of your death occurring on board or ashore during a voyage due to natural causes, the shipowner
will meet the cost of burial expenses, or cremation where appropriate or required by local legislation, and the
return of your property left on board and a compensation of 25,000 usd to your next of kin.
In case of permanent total or partial disability, resulting from an accident on board the vessel, preventing the
seaman from obtaining any further permanent seagoing employment the seaman will receive compensation of
upto 50,000 usd in accordance with the findings of the Company designated physician and the scale of
permanent disabilities. Such payments will not be made whatsoever if permanent disability is the result of willful
act by, or the gross negligence of the crew member
REPATRIATION
You will be entitled to repatriation, at the expense of the shipowner, if you are away from your country of
residence when this agreement is terminated:-
• by the shipowner
TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND
BRAVE SHIPPING AND TRADING CO SEAFARER’S
EMPLOYMENT CONTRACT
• By shipowner in the event of illness or injury or other medical condition requiring urgently your
repatriation, the event that the ship is proceeding to a Warlike Operations Area or the event of
termination or interruption of employment in accordance with an industrial award or collective
agreement.
• In circumstances where you are no longer able to carry out your duties under this agreement or cannot
be expected to do so e.g. shipwreck, the sale of your ship or a change in your ship’s registration.
The entitlement to repatriation entails transport by …airplane or bus … (whatever applicable)…to seaman’s
home country .You are entitled to 23kgs of luggage
Note: - You may not be entitled to repatriation at the expense of the shipowner in circumstances where you
have been dismissed on disciplinary grounds or have breached your obligations under this Agreement or have
been reported for violations by rest crew members on board and/or port authorities. In such circumstances the
shipowner will still be liable to repatriate you but is entitled to recover from any wages due to you the cost of
doing so.
Maximum duration of uninterrupted service periods after which you are entitled to repatriation
The maximum period of uninterrupted service following which you will be entitled to repatriation at no cost to
you is …9+/-1 months (at owner’s option).
WORK HOURS AND OVERTIME
Your normal hours of work at port or at sea are 8 hours a day from Monday to Saturday inclusive. Hours of
work per week 48 hrs. and a maximum working week of 72hrs (ref ILO C180)
Fixed overtime 110 hrs. included in his monthly salary
The crew is required to work as per Master’s and vessel’s requirements. The seaman shall not be paid out
compensation for overtime work done in case of emergency (danger), that directly affects the safety of the
vessel and crew, or the necessary work for rendering assistance to other ships or persons in immediate
danger, or for the times spent at emergency drills at sea.
REST HOURS
Your hours of work will be arranged such as to ensure that you receive a minimum of 10 hours available for
rest in each 24-hour period and a minimum of 77 hours rest in each seven-day period. This minimum period of
rest may not be reduced below 10 hours except in an emergency.
You may be required, at the absolute discretion of the Master, to work additional hours during an emergency
affecting the safety of the ship, its passengers, crew or cargo or the marine environment or to give assistance
to other ships or persons in peril. You may also be required to work additional hours for safety drills such as
musters, fire-fighting and lifeboat drills. In such circumstances you will be provided subsequently with (a)
compensatory rest period(s).
Official holidays for Seafarers shall be governed by what is established in the employment agreement or in
the applicable collective agreements if any; nevertheless, the amount of fixed days shall not be less than four
paid days per year.
COMPLAINTS AND DISCIPLINARY PROCEDURES
TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND
BRAVE SHIPPING AND TRADING CO SEAFARER’S
EMPLOYMENT CONTRACT
(a) Complaints
If you have a complaint regarding your employment you should follow the shipowner’s or shipmanagers’s
complaints procedure a copy of which will be provided to you when you join the vessel.
(b) Disciplinary Rules and Procedure
The disciplinary rules applicable to you are set out
ADDITIONAL PROVISIONS INCLUDED BY SHIPOWNER
A) According to the Company’s Drug & Alcohol Policy which governs the sale & consumption of
Alcohol / Drug, and the Company’s procedure for Drug & Alcohol testing the seaman’s attention is
drawn to the main points of this Policy (here in collectively referred to D+A policy) namely:
1. No seafarer at any time is to have more than 0, 20% blood Alcohol concentration level, whilst
serving on board ship.
2. No Alcohol at all is to be consumed for the 6 hours immediately proceeding going on watch.
3. The issue & consumption of all alcohol is strictly prohibited while the vessel is in the U.S.A
territorial waters.
4. The maximum permissible issue of alcohol to any seafarer is 24 units (1,5Lt) in any 30 day period.
5. The consumption / use of whatever drug, or other substance prohibited by law, are strictly
forbidden, (except only after medical prescription)..
6. Unannounced testing for drug & alcohol will take place from time to time.
7. The seaman agrees that the use of prohibited substances (drug, alcohol, etc.) or refusal to submit
to tests verifying the use of same is an offence which may lead to immediate dismissal without
any compensation.
B) I undertake that upon boarding of the ship I will make every possible effort, familiarize myself
with the ship the soonest possible and in particular:
1. Communicate with other persons on board on elementary safety matters and understand safety
information symbols, signs and alarm signals:
2. Know what to do if:
A person falls overboard
Fire or smoke is detected, or
The fire or abandon ship alarm is sounded.
3. Identify muster and embarkation stations and emergency escape routes.
4. Locate and don lifejackets.
5. Raise the alarm and have basic knowledge of the use of portable fire extinguishers.
6. Take immediately action upon encountering an accident or other medical emergency before
seeking further medical assistance on board, and
7. Close and open the fire, weather tight and watertight doors fitted in the particular ship other than
those for hull openings.
TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND
BRAVE SHIPPING AND TRADING CO SEAFARER’S
EMPLOYMENT CONTRACT
I agree with above and confirm complete comprehension and acceptance of Company’ s policy with
regard to the safety of human life and ship’ s safety, drugs and alcohol, the protection of marine
environment and ISPS code.
C. SPECIAL TERMS:
1) It is expressly agreed that the owners have the right to transfer the Seaman to another vessel of their
property without the Seaman have the right to refuse.
2) In the event of early termination of the Contract by the Seaman, or due to termination of contract deriving
from his poor performance/ inadequacy or negligence when performing his duties, he is ordered to pay
all the costs of his substitution.
3) Each Member shall require that a seafarer’s employment agreement shall continue to have effect while
a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships,
regardless of whether the date fixed for its expiry has passed or either party has given notice to suspend
or terminate it. For the purpose of this paragraph, the term:
(a) piracy shall have the same meaning as in the United Nations Convention on the Law of
the Sea, 1982;
(b) armed robbery against ships means any illegal act of violence or detention or any act of
depredation, or threat thereof, other than an act of piracy, committed for private ends
And directed against a ship or against persons or property on board such a ship, within
a State’s internal waters, archipelagic waters and territorial sea, or any act of inciting
or of intentionally facilitating an act described above.
4) Where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against
ships, wages and other entitlements under the seafarers’ employment agreement, relevant collective
bargaining agreement or applicable national laws, including the remittance of any allotments as
provided in paragraph 4 of this Standard, shall continue to be paid during the entire period of captivity
and until the seafarer is released and duly repatriated in accordance with Standard A2.5.1 or, where the
seafarer dies while in captivity, until the date of death as determined in accordance with applicable
national laws or regulations. The terms piracy and armed robbery against ships shall have the same
meaning as in special terms #3.
5) The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable
period of time to be defined by national laws or regulations or collective agreements, except where they
are held captive on or off the ship as a result of acts of piracy or armed robbery against ships. The terms
piracy and armed robbery against ships shall have the same meaning as in special terms #3.
SPECIAL PROVISIONS GIVEN TO THE SEAFAFER:
(a) the agreement shall be signed by the shipowner or shipowners’s representative or shipmanager and
the seafarer;
(b) the shipowner, or representative or shipmanager or recruitment agency or master, as the case shall be,
have the agreement read over and explained to the seafarer, or otherwise ascertain that the seafarer
understands the same, before he signs it, and shall attest each signature;
TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND
BRAVE SHIPPING AND TRADING CO SEAFARER’S
EMPLOYMENT CONTRACT
(c) The employment agreement shall be signed in duplicate and one part shall be retained by the shipowner
or shipmanager and the other by the seafarer.
Signature of Seafarer
…………………………......................………………….…………………………
Signature of Shipowner or Shipowner’s representative or Shipmanagers
…….……
….................................................................................... (State position held)
Place where this Agreement is entered into ……………… ……..………………………
Date when this Agreement is entered into …………………………..……………………..............
A P P E N D I X (A)
CLARIFICATION OF THE GREY ZONES UNDER THE WORD “DUTIES”
The Seaman, depending on his position onboard, has to perform successfully, the
following duties:
(A) The employee must under his normal duties execute at all times all work requested by the Master, his superiors
or the representative of the employer. Such work is:
a. Not legally unlawful (smuggling, contraband etc.)
b. To the interest of the Owners, vessel, crew, passengers and cargo.
c. According to seaman's qualifications.
(B) Any employee is obliged to perform watch keeping at any time.
(C) Operation of Deck cranes, Cargo winches etc. to be performed by employee if so required by Master. (ENG
CREW)
(D) Mooring, unmooring on Sunday and Holidays. It is Master’s discretion to request crew from the
Engine Department or any other Department in order to assist during mooring – unmooring operation on
deck.
(E) Cleaning of Engine bilges, accommodation, etc. to be performed by ship's crew and to be considered as normal
work, for which no extra payment will be due. For Fuel tanks cleaning, extra bonus may to bepaid.
(F) Carrying aboard and stowage of ship supplies (Provisions/stores spares).
(G) Cleaning of cargo holds and cargo hold bilges.
(H) Cleaning of the ice-chamber and provision store rooms.
(I) Defrosting of reefers.
(J) Cleaning of ship's linen if vessel is equipped with a laundry machine and ironing.
(K) Repairs and maintenance of all machinery on board, on deck and in engine room, including Cargo gear, any
valves, any deck machinery and technical equipment to be performed by Engineers and engine crew. Chief
Engineer remains responsible for performance and maintenance according to Engine maker’s recommendation
and company's requirements.
Pistons and bearing overhaul work maintenance or overhauling of the main engine and all attached parts,
generators and diesel engines.
Also all auxiliary machineries located in the engine room on deck accommodation as necessary, or as per
maker's and or class surveyor's requirements and recommendation, lifeboats, lifesaving apparatus, maintain
hold covers etc.
TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND
BRAVE SHIPPING AND TRADING CO SEAFARER’S
EMPLOYMENT CONTRACT
(L) Any works related to the extra normal maintenance of the vessel.
(M) At any time in case of alcohol and any drug related consumption Owners have the right to repatriate Seaman at
his own expenses.
Breakdown of agreed wages of 1st page of Contract
Main terms and Conditions are as follows :
The Seafarer:
(Name& signature)
TRUST COMPANY COMPLEX, AJELTAKE ROAD AJELTAKE ISLAND, REPUBLIC OF THE
MARSHALL ISLAND
