Common use of Foreign Personnel Clause in Contracts

Foreign Personnel. 2.3.1 For foreign personnel employed on international conditions, as well as rotation of foreign personnel from the same group, work that falls under the scope of the Agreement must be performed for compensation which, on the basis of an overall evaluation, costs the employer an equal amount as the total due to a similar employee who is covered under this Agreement and who performs similar work. Compensation and working hours shall be based on the assumption that the work during the calculation period shall not exceed an average of 33.6 hours per week. For the purpose of comparison, compensation shall only include payment which it is assumed that the employee will report for tax purposes. Such personnel shall only be utilized when necessary in order to manage peak work loads that the company does not have sufficient Norwegian personnel to cover, as well as when necessary in order to meet a need for specialized labor. The use of such personnel shall be discussed with the union representatives in advance. The use of such personnel, as well as the overall evaluation of the compensation level, shall be checked by Industry Energy and The Norwegian Oil and Gas Association, as the parties agree that this provision shall not lead to a situation wherein it becomes cheaper to use foreign labor as compared with Norwegian labor. 2.3.2 This agreement does not apply to foreign module, pipe, cable and construction personnel pursuant to Clause 3.13.1 if: a) the vessel is not subject to the regulations relating to worker protection and working environment in the petroleum sector, b) the company is bound by an approved agreement with ITF for all offshore service company vessels that are operating in North-Western Europe with this type of personnel, and c) the share of the personnel that is comprised by this agreement or have corresponding benefits, cf. Clause 2.3.1, exceeds 50% of the number of employees in this group on the individual vessel. For companies with several vessels on the Norwegian Shelf, the 50% share can be calculated on the basis of the total number of vessels, inclusive of ROV personell, Diving personnel and Survey Personnel. Until further notice, this agreement does not apply to lay barges and large, specialized crane barges/vessels with an ITF agreement. The Norwegian Oil and Gas Association and Industry Energy may also agree to exclude personnel in the fields of module, pipe, cable and construction from the agreement in other cases. For the personnel that, pursuant to this Clause, are excluded from this agreement, Industry Energy and the company shall prepare an agreement regarding payment into the educational and development fund; the scheme involving the loss of health certificates, and the supervisory scheme against social dumping, following the pattern used in Industry Energy’s affiliation agreements.

Foreign Personnel. 2.3.1 For As regards foreign personnel employed on international conditionsterms, as well as rotation rotations of foreign personnel from the same group, work that falls under the scope of the Agreement must be performed for compensation which, based on the basis of an overall evaluationa comprehensive assessment, costs the employer an amount equal amount as to the total due to a similar an equivalent employee who is covered under this Agreement and who performs similar equivalent work. Compensation and working hours shall be based on the assumption that the work during the calculation period shall not exceed an average of 33.6 hours per week. For the purpose of this comparison, compensation shall only include payment which it is assumed that the employee will presumably report for tax purposestaxation. Such personnel shall only be utilized utilised when necessary necessary, in order to manage peak work loads workloads that the company does not have sufficient Norwegian personnel to cover, as well as when necessary necessary, in order to meet a need for specialized laborlabour. The use of such personnel shall be discussed with the union representatives shop stewards in advance. The use of such personnel, as well as the overall evaluation comprehensive assessment of the compensation level, shall be checked by Industry Energy Industri Energi and The the Norwegian Oil and Gas Association, as the parties agree that this provision shall not lead to a situation wherein it becomes cheaper to use foreign labor labour as compared with Norwegian laborlabour. 2.3.2 This agreement does not apply to foreign module, pipepipeline, cable and construction personnel pursuant to Clause Article 3.13.1 if: a) the vessel is not subject to the regulations relating to worker protection and working environment in the petroleum sector, b) the company is bound by an approved agreement with ITF for all offshore service company vessels that are operating in North-Western Europe with this type of personnel, and c) the share of the personnel that is comprised covered by this agreement or who have corresponding benefits, cf. Clause Article 2.3.1, exceeds 50% of the number of employees in this group on the individual vessel. For As regards companies with several vessels on the Norwegian Shelf, the 50% share can be calculated based on the basis of the total number of vessels, inclusive of including ROV personellpersonnel, Diving diving personnel and Survey Personnelsurvey personnel. Until further notice, this agreement does not apply to for lay barges and large, specialized specialised crane barges/vessels with an ITF agreement. The Norwegian Oil and Gas Association and Industry Energy Industri Energi may also agree to exclude personnel in the fields of module, pipepipeline, cable and construction personnel from the agreement in other cases. For As regards the personnel thatwho, pursuant to this ClauseArticle, are excluded from this agreement, Industry Energy Industri Energi and the company shall prepare an agreement regarding payment into the educational education and development fund; the scheme involving the loss of health certificatescertificate scheme, and the supervisory scheme against targeting social dumping, following the pattern used in Industry EnergyIndustri Energi’s affiliation agreements.

Foreign Personnel. 2.3.1 For As regards foreign personnel employed on international conditionsterms, as well as rotation rotations of foreign personnel from the same group, work that falls under the scope of the Agreement must be performed for compensation which, based on the basis of an overall evaluationa comprehensive assessment, costs the employer an amount equal amount as to the total due to a similar an equivalent employee who is covered under this Agreement and who performs similar equivalent work. Compensation and working hours shall be based on the assumption that the work during the calculation period shall not exceed an average of 33.6 hours per week. For the purpose of this comparison, compensation shall only include payment which it is assumed that the employee will presumably report for tax purposestaxation. Such personnel shall only be utilized utilised when necessary necessary, in order to manage peak work loads workloads that the company does not have sufficient Norwegian personnel to cover, as well as when necessary necessary, in order to meet a need for specialized laborlabour. The use of such personnel shall be discussed with the union representatives shop stewards in advance. The use of such personnel, as well as the overall evaluation comprehensive assessment of the compensation level, shall be checked by Industry Energy Forbundet Styrke and The Norwegian Oil and Gas Associationthe Offshore Norge, as the parties agree that this provision shall not lead to a situation wherein it becomes cheaper to use foreign labor labour as compared with Norwegian laborlabour. 2.3.2 This agreement does not apply to foreign module, pipepipeline, cable and construction personnel pursuant to Clause Article 3.13.1 if: a) the vessel is not subject to the regulations relating to worker protection and working environment in the petroleum sector, b) the company is bound by an approved agreement with ITF for all offshore service company vessels that are operating in North-Western Europe with this type of personnel, and c) the share of the personnel that is comprised covered by this agreement or who have corresponding benefits, cf. Clause Article 2.3.1, exceeds 50% of the number of employees in this group on the individual vessel. For As regards companies with several vessels on the Norwegian Shelf, the 50% share can be calculated based on the basis of the total number of vessels, inclusive of including ROV personellpersonnel, Diving diving personnel and Survey Personnelsurvey personnel. Until further notice, this agreement does not apply to for lay barges and large, specialized specialised crane barges/vessels with an ITF agreement. The Norwegian Oil Offshore Norge and Gas Association and Industry Energy Forbundet Styrke may also agree to exclude personnel in the fields of module, pipepipeline, cable and construction personnel from the agreement in other cases. For As regards the personnel thatwho, pursuant to this ClauseArticle, are excluded from this agreement, Industry Energy Forbundet Styrke and the company shall prepare an agreement regarding payment into the educational education and development fund; the scheme involving the loss of health certificatescertificate scheme, and the supervisory scheme against targeting social dumping, following the pattern used in Industry EnergyForbundet Styrke’s affiliation agreements.

Foreign Personnel. 2.3.1 For As regards foreign personnel employed on international conditionsterms, as well as rotation rotations of foreign personnel from the same group, work that falls under the scope of the Agreement must be performed for compensation which, based on the basis of an overall evaluationa comprehensive assessment, costs the employer an amount equal amount as to the total due to a similar an equivalent employee who is covered under this Agreement and who performs similar equivalent work. Compensation and working hours shall be based on the assumption that the work during the calculation period shall not exceed an average of 33.6 hours per week. For the purpose of this comparison, compensation shall only include payment which it is assumed that the employee will presumably report for tax purposestaxation. Such personnel shall only be utilized utilised when necessary necessary, in order to manage peak work loads workloads that the company does not have sufficient Norwegian personnel to cover, as well as when necessary necessary, in order to meet a need for specialized laborlabour. The use of such personnel shall be discussed with the union representatives shop stewards in advance. The use of such personnel, as well as the overall evaluation comprehensive assessment of the compensation level, shall be checked by Industry Energy Forbundet Styrke and The Norwegian Oil and Gas AssociationOffshore Norge, as the parties agree that this provision shall not lead to a situation wherein it becomes cheaper to use foreign labor labour as compared with Norwegian laborlabour. 2.3.2 This agreement does not apply to foreign module, pipepipeline, cable and construction personnel pursuant to Clause Article 3.13.1 if: a) the vessel is not subject to the regulations relating to worker protection and working environment in the petroleum sector, b) the company is bound by an approved agreement with ITF for all offshore service company vessels that are operating in North-Western Europe with this type of personnel, and c) the share of the personnel that is comprised covered by this agreement or who have corresponding benefits, cf. Clause Article 2.3.1, exceeds 50% of the number of employees in this group on the individual vessel. For As regards companies with several vessels on the Norwegian Shelf, the 50% share can be calculated based on the basis of the total number of vessels, inclusive of including ROV personellpersonnel, Diving diving personnel and Survey Personnelsurvey personnel. Until further notice, this agreement does not apply to for lay barges and large, specialized specialised crane barges/vessels with an ITF agreement. The Norwegian Oil Offshore Norge and Gas Association and Industry Energy Forbundet Styrke may also agree to exclude personnel in the fields of module, pipepipeline, cable and construction personnel from the agreement in other cases. For As regards the personnel thatwho, pursuant to this ClauseArticle, are excluded from this agreement, Industry Energy Forbundet Styrke and the company shall prepare an agreement regarding payment into the educational education and development fund; the scheme involving the loss of health certificatescertificate scheme, and the supervisory scheme against targeting social dumping, following the pattern used in Industry EnergyForbundet Styrke’s affiliation agreements.