LATE CREW CHANGE Sample Clauses

LATE CREW CHANGE. The parties have agreed that where the crew-change does not occur on the due date as per the 5 week cycle (4 in southern waters as defined and 4 weeks on construction projects where specified by the relevant schedule), or as per the relevant M.O.U. or agreement schedule) then a penalty payment, on top of all other remuneration (including normal leave accrual) shall be paid as follows:-
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LATE CREW CHANGE. 41.1 Where the crew change does not occur on the due date as per the five-week cycle, i.e., Day 36 in the schedule below (or Day 29 in the schedule below for the four- week cycle) or as per the relevant Memorandum of Understanding or agreed schedule, then a penalty payment, on top of all other remuneration, shall be paid as follows: (a) There is no penalty where crew change occurs up to two days over, i.e., crew change before Day 38 under the five-week cycle or before day 31 under the four week cycle. (b) If an Employee is crew changing on or after Day 38, then the Employee is entitled to their normal Duty Days, plus one additional day's salary from (and including) Day 36 Cycle Day 35 36 37 38 39 Last Duty Dayof 5-week swing Normal crew change day Crew change triggers penalty Duty Days over if no crew change 0 1 2 3 4 (c) If an Employee is crew changing on or after Day 31, then the Employee is entitled to their normal Duty Days, plus one additional day’s salary from (and including) Day 29. Cycle Day 28 29 30 31 32 Last Duty Dayof 5-week swing Normal crew change day Crew change triggers penalty Duty Days over if no crew change 0 1 2 3 4 (d) The final day of penalty payment will be the last Duty Day on the Vessel; and (e) The Swing-off day will be a Dead Day as per clause 39.3. 41.2 This clause is subject to the following exclusions: (a) Mutually agreed arrangements between an Employee and their relief on the opposite swing, approved by Xxxxxxxxx. (b) Agreement reached between the Employee and Tidewater. (c) Where a relief was about to join the Vessel but is prevented from doing so by compassionate grounds, or illness/injury of the relief, or the negligence of the relief in the 24 hours, prior to the due crew change. (d) Where a relief was about to join the Vessel but is prevented from doing so by failure/delay of commercial airline connections. (e) Where a crew change is prevented by cyclone by, a cyclone warning, or by closure of the Port by the relevant authority. (f) Extended Tow (more than 1000 miles), where a lack of port-facilities prevents crew changes being undertaken. However, if the duration is likely to be more than seven days over-swing, then this exemption is inactive unless the agreement of the Union and the Employees is first obtained. (g) Re-delivery voyages, however if the duration is likely to be more than seven days over-swing then this exemption is inactive unless the agreement of the Union and the Employees is first obtained. (h) Extrem...
Sample 1
LATE CREW CHANGE. 27.1 Where a crew change occurs on or after day 38 on a five-week cycle (or day 31 on a four- week cycle) a penalty will apply: (a) The penalty for a late crew change is the Employee’s normal Aggregate Salary plus normal leave accrual plus one additional day’s Aggregate Salary from (and including) day one after the due date (day 36 on a five-week cycle or 29 on a four week cycle); (b) The final day of penalty payment will be the last Duty Day on the Vessel; and (c) The swing-off day will be paid as a Dead Day. There is no penalty where crew change occurs up to two days over, i.e. crew change before day 38 under the five-week cycle or before day 31 under the four-week cycle. For example: If an Employee is crew changing on or after day 38 then the Employee is entitled to their normal Duty Days plus one additional days’ Aggregate Salary from (and including) day 36. Cycle day 35 36 37 38 Last duty day of five-week swing Normal crew change day Crew change triggers penalty Duty days over if no crew change 0 1 2 3 If an Employee is crew changing on or after day 29 then the Employee is entitled their normal Duty Days plus one additional day’s Aggregate Salary from (and including) day 29. Cycle day 28 29 30 31 Last duty day of four-week swing Normal crew change day Crew change triggers penalty Duty days over if no crew change 0 1 2 3 (a) Late Crew Change – is subject to the following exclusions: (a) In the case of Seismic Survey Vessels, Seismic Support Vessels and Geotechnical Vessels, the penalty payment does not commence on day 3, instead it commences on over-cycle day 8. This extended period of eight days, is only available where: (i) The Vessel does not have a certified helipad or a helipad that has been declared for use; and/or (ii) Appropriately certified helicopter facilities are not available; (b) Mutually-agreed arrangements between an Employee and their relief on the opposite swing, approved by the Employer; (c) Where a relief was about to join the Vessel but is prevented from doing so by compassionate grounds or illness/injury of the relief or the negligence of the relief in the 24 hours prior to the due crew change; (d) Where a relief was about to join the Vessel but is prevented from doing so by failure/delay of commercial airline connections; (e) Where a crew change is prevented by cyclone by, a cyclone warning, cyclone or by closure of the Port by the relevant authority; (f) Extended tows (more than 1,000 miles), where a lack of Port facilities prev...
Sample 1
LATE CREW CHANGE. 16.1 The parties have agreed that where the crew-change does not occur on the due date as per the 5 week cycle (4 in southern waters as defined and 4 weeks on construction projects where specified by the relevant schedule), or as per the relevant M.O.U. or agreement schedule) then a penalty payment, on top of all other remuneration (including normal leave accrual) shall be paid as follows:- 16.2 Crew change UP to 3 days late ("over-cycle" or "over-swing") without penalty 16.3 An allowance equivalent to one additional day's salary for each day thereafter that he/she is required to continue to work over-swing [e.g. on the 4th day over-swing the employee receives normal salary plus normal leave accrual plus one additional day's salary] 16.4 The 5th day, 6th day etc over-swing are calculated identically as for the 4th day above. 16.5 This provision is subject to the following exclusions , all the following exclusions except 16.5.1 and 16.5.2 to be activated must be promptly notified/consulted with AIMPE:- [*but also see note below]. 16.5.1 Seismic vessels; in that case the penalty payment does not commence on day 4, instead it commences on over-swing day 8. This extended period of 8 days is only available where: ➢ the vessel does not have a certified helipad; and/or ➢ appropriately certified helicopter facilities are not available; Note: mobilisations of seismic vessels which DO NOT have helicopter landing facilities will be clearly identified to AIMPE at time of mobilisation. Likewise, if it is envisaged that a seismic vessel WITH helicopter landing facilities, is to operate in an area where helicopter crew changes are unavailable, AIMPE will be advised. 16.5.2 Mutually-agreed arrangements between an Engineer and his/her relief on the opposite swing, approved by the Employer; or 16.5.3 Where a relief was about to join the vessel but is prevented from doing so by compassionate grounds, or Illness/injury of the relief or the negligence of the relief, in the 24 hours prior to the due crew change; or 16.5.4 Where a relief was about to join the vessel but is prevented from doing so by failure/delay of commercial airline connections; or 16.5.5 Where a crew change is prevented by a cyclone, a cyclone warning, or by closureof the Port by the relevant authority: or 16.5.6 Extended tows (more than 1000miles) where a lack of port-facilities prevent crew changes being undertaken, however if the duration is likely to be more than 7 days over-swing then this exemption is i...
Sample 1
LATE CREW CHANGE. 15.1. The parties have agreed that where the crew-change does not occur on the due date as per the five week cycle (four in southern waters as defined and four weeks on construction projects where specified by the relevant schedule), or as per the relevant M.O.U. or agreement schedule) then a penalty payment, on top of all other remuneration (including normal leave accrual) shall be paid as follows: 15.2. Crew change up to two days late ("over-cycle" or "over-swing") without penalty. 15.3. An allowance equivalent to one additional day's salary for each day thereafter that they are required to continue to work over-swing [e.g., on the 3rd day over-swing the Employee receives normal salary plus normal leave accrual plus one additional day's salary. 15.4. The 4th day, 5th day etc over-swing are calculated identically as for the 3rd day above. Where the crew change penalty is incurred the additional day's pay will commence from day one. The operation of the above is shown below: Cycle Day 35 36 37 38 39 Days Over Cycle 0 1 2 3 4 (Penalty to commence on day 1 where on duty for day 3) Cycle Day 28 29 30 31 32 Days Over Cycle 0 1 2 3 4 (Penalty to commence on day 1 where on duty for day 3) 15.5. This provision is subject to the following exclusions, all the following exclusions except 15.5.1 and 15.5.2 to be activated must be promptly notified/consulted with AIMPE: - [*but also see note below] 15.5.1. Seismic Vessels; in that case the penalty payment does not commence as per
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LATE CREW CHANGE. 4.2.1 Excluding drydocking voyages or any operational voyages longer than the Port Adeliade to Xxxxx Point voyage and where the crew change does not occur on the due date as per the three-week cycle, plus 3 weeks (6 weeks in total) then a penalty payment of 10% on top of all other remuneration, shall be paid until the conclusion of the swing. 4.2.2 Employees are required to obtain written approval for any leave outside their 3 week swing.
Sample 1
LATE CREW CHANGE. An employee who was due to swing off but is delayed at the request of the employer or due to circumstances beyond the control of the employee shall be paid 2.5 days pay in addition to the payment for each rostered-leave-day, for each day worked after the rostered swing ff day. • An employee who is required to remain on leave after their rostered swing on day shall have a Utility added to their balance for each additional day of leave prior to the actual swing on day. AGR shall make every endeavour to make the actual crew change day as close as practicable to the scheduled crew change day. The on duty period commences the day the employee joins the facility. The off duty period commences the day the employee leaves the facility.
Sample 1
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LATE CREW CHANGE. 24.1 Where a crew change occurs on or after day 38 on a five-week cycle (or day 31 on a four- week cycle) a penalty rate will apply: (a) The penalty rate for a late crew change (as described in subclause 24.1) is the Employee’s normal Aggregate Salary rate plus normal leave accrual plus one additional day’s Aggregate Salary rate from (and including) day one after the due date (i.e., day 36 on a five-week cycle or day 29 on a four-week cycle); (b) The final day of the penalty rate payment will be the last Duty Day on the Vessel; and (c) The swing-off day will be paid as a Dead Day. 24.2 There is no penalty rate payable where crew change occurs up to two days over, i.e. crew change before day 38 under the five-week cycle or before day 31 under the four-week cycle. If an Employee is crew changing on or after day 38, then the Employee is entitled to their normal Duty Days plus one additional day’s Aggregate Salary rate from (and including) day 36. Cycle day 35 36 37 38 Last duty day of five-week swing Normal crew change day Crew change triggers penalty rate Duty days over if no crew change 0 1 2 3 If an Employee is crew changing on or after day 31, then the Employee is entitled their normal Duty Days plus one additional day’s Aggregate Salary rate from (and including) day 29. Cycle day 28 29 30 31 Last duty day of four-week swing Normal crew change day Crew change triggers penalty rate Duty days over if no crew change 0 1 2 3
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Related to LATE CREW CHANGE

  • Change in Management Permit a change in the senior management of Borrower.

  • Climate Change 1. The Parties recognize that the climate change and its adverse effects are a common concern. In that sense, and under their international commitments, the Parties agree to promote joint measures to limit or reduce the adverse effects of the climate change. 2. For promoting sustainable development, each Party, within its own capacities, shall adopt policies and measures on issues such as: (a) improvement of energy efficiency; (b) research, promotion, development and use of new and renewable energy, technologies of carbon dioxide capture, and updated and innovative environmental technologies that do not affect food security or the conservation of biological diversity; and (c) measures for evaluating the vulnerability and adaptation to climate change.

  • Change of Control/Change in Management (i) During any period of twelve (12) consecutive months ending on each anniversary of the Agreement Date, individuals who at the beginning of any such 12-month period constituted the Board of Trustees of the Parent Guarantor (together with any new trustees whose election by such Board or whose nomination for election by the shareholders of the Parent Guarantor was approved by a vote of a majority of the trustees then still in office who were either trustees at the beginning of such period or whose election or nomination for election was previously so approved) cease for any reason to constitute a majority of the Board of Trustees of the Parent Guarantor then in office; (ii) Any “person” or “group” (as such terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)), is or becomes the “beneficial owner” (as defined in Rules 13d-3 and 13d-5 under the Exchange Act, except that a Person will be deemed to have “beneficial ownership” of all securities that such Person has the right to acquire, whether such right is exercisable immediately or only after the passage of time), directly or indirectly, of more than 35% of the total voting power of the then outstanding voting stock of the Parent Guarantor; (iii) The Parent Guarantor shall cease to own and control, directly or indirectly, at least a majority of the outstanding Equity Interests of the Borrower; or (iv) The Parent Guarantor or a Wholly-Owned Subsidiary of the Parent Guarantor shall cease to be the sole general partner of the Borrower or shall cease to have the sole and exclusive power to exercise all management and control over the Borrower.

  • Shift Change Where employees are assigned mid-week to work a non-day shift (whether due to emergencies or a shift change) and as a result lose a shift in the regular work week, such employees will be paid six (6) hours for such loss of earnings.

  • Major Workplace Change 11.1 If the Employer has made a decision to introduce a major workplace change that is likely to have a Significant Effect on a number of Employees, the Employer must notify the Employee(s) who will be affected by the decision .As soon as practicable and prior to implementation, the Employer must discuss with the relevant Employees and/or their nominated representative/s (e.g. Union or other representative) the introduction of the change; and the effect the change is likely to have on the Employees. The Employer must discuss measures to avert or mitigate the adverse effect of the change on the Employees. 11.2 For the purposes of the discussion the Employer will provide the relevant Employees and/or their nominated representative/s in writing: (a) All relevant information about the change including the nature of the change proposed; (b) Information about the expected effects of the change on the Employees; and (c) Any other matters likely to affect the Employees. However, the Employer is not required to disclose confidential or commercially sensitive information. The Employer must give prompt and genuine consideration to matters raised about the major change by the relevant Employees.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Management of Change a. The parties to this Collective Agreement accept that change in the health service is necessary in order to ensure the efficient and effective delivery of health services. They recognise a mutual interest in ensuring that health services are provided efficiently and effectively, and that each has a contribution to make in this regard.‌ b. Regular consultation between the employer, its midwives and the union is essential on matters of mutual concern and interest. Effective communication between the parties will allow for: • improved decision making; • greater co-operation between employer and midwives; and • a more harmonious, effective, efficient, safe and productive workplace.

  • Potential Change in Control A “Potential Change in Control” shall exist during any period in which the circumstances described in paragraphs (a), (b), (c) or (d), below, exist (provided, however, that a Potential Change in Control shall cease to exist not later than the occurrence of a Change in Control): (a) The Company enters into an agreement, the consummation of which would result in the occurrence of a Change in Control, provided that a Potential Change in Control described in this paragraph (a) shall cease to exist upon the expiration or other termination of all such agreements; (b) Any Person (without regard to the exclusions set forth in subsections (i) through (iv) of such definition) publicly announces an intention to take or to consider taking actions the consummation of which would constitute a Change in Control; provided that a Potential Change in Control described in this paragraph (b) shall cease to exist upon the withdrawal of such intention, or upon a determination by the Board that there is no reasonable chance that such actions would be consummated; (c) Any Person becomes the Beneficial Owner, directly or indirectly, of securities of the Company representing 20% or more of either the then outstanding shares of common stock of the Company or the combined voting power of the Company’s then outstanding securities; (d) The Board adopts a resolution to the effect that, for purposes of this Agreement, a Potential Change in Control exists; provided that a Potential Change in Control described in this paragraph (d) shall cease to exist upon a determination by the Board that the reasons that gave rise to the resolution providing for the existence of a Potential Change in Control have expired or no longer exist.

  • Corporate Change Seller shall advise Purchaser in writing of the opening of any new chief executive office, or the closing of any such office, of any Seller Party and of any change in any Seller Party’s name or the places where the books and records pertaining to the Purchased Asset are held not less than fifteen (15) Business Days prior to taking any such action.

  • Default under Specified Transaction The party, any Credit Support Provider of such party or any applicable Specified Entity of such party (1) defaults under a Specified Transaction and, after giving effect to any applicable notice requirement or grace period, there occurs a liquidation of, an acceleration of obligations under, or an early termination of, that Specified Transaction, (2) defaults, after giving effect to any applicable notice requirement or grace period, in making any payment or delivery due on the last payment, delivery or exchange date of, or any payment on early termination of, a Specified Transaction (or such default continues for at least three Local Business Days if there is no applicable notice requirement or grace period) or (3) disaffirms, disclaims, repudiates or rejects, in whole or in part, a Specified Transaction (or such action is taken by any person or entity appointed or empowered to operate it or act on its behalf);

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