Common use of Termination of Service in Exceptional Circumstances Clause in Contracts

Termination of Service in Exceptional Circumstances. a) A Seafarer may terminate his employment by giving one month's notice of termination to the Company or the Master of the ship, either in writing or verbally in the presence of a witness. Repatriation expenses will be to the seafarers account. The Company may, however, consider special request of early termination of the contract of employment based on compassionate grounds, such as in cases of the death or serious illness of spouse, children or parents. The repatriation costs will be to the seafarer's account, but the Company will on request from the Union share or cover such expenses. b) In the event of sale, laying-up, or lengthy stay in a repair yard, the Company may terminate the service. The seafarer is then entitled to pay up to and including the day of signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia on the Company's account. In case of ship loss the seafarer is entitled to pay up to and including the day of signing- off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia on the Company's account. He shall be entitled to an additional compensation for up to one (1) month's basic wage provided he is unemployed for thirty (30) days from date of repatriation. c) The seafarer is entitled to terminate his employment contract immediately if the vessel is certified substandard in the relation to the provisions of Chapter 1, Regulation 19, of the Safety of Life at Sea Convention (SOLAS) 1974 (Annex 4) or substandard in relation to ILO Convention no 147, 1976 Minimum Standards in Merchant Ships. In any event a ship shall also be regarded as substandard if it is not in possession of one or more of the certificates required under Chapter I Regulations 12 and 13 of SOLAS or ILO Convention 147. The seafarer is then entitled to basic wage up to and including the day of signing off, plus two (2) month's basic wage and repatriation to the seafarers’ place of domicile in Latvia on the Company's account. d) The Company may terminate the employment contract prior to the agreed period of duration, ref. Article 4, provided the seafarer is paid two (2) month's basic wages and repatriation expenses to the seafarers place of domicile in Latvia. The Company may always terminate the contract of employment if the seafarer becomes ill or injured and has to sign off the vessel. The seafarer will then have a right to sick pay, ref. article 10, and to coverage of repatriation expenses, but no right to termination pay. e) A seafarer who has served the agreed contract period, ref. Article 4 will not be entitled to termination pay of two (2) month's basic wages as mentioned in point b) to d) above. A seafarer who is offered to continue in service on another vessel within one month, is not entitled to termination pay of two (2) month's basic wages. f) Travelling expenses on the Company's account shall not include the seafarers' baggage in excess of the normal allowed weight by the air carrier. Excess baggage shall be at the seafarers' expense. g) The Company or its representative may within the contract period, dismiss any seafarer immediately who is incompetent for service, neglects to meet on board at appropriate time, commits himself to disobedience, violent behaviour, abuse of narcotics and alcohol provided the Grievance Procedure, see Article 6, are complied with. The repatriation cost will be for the seafarer's account, provided he has not earned his entitlement to coverage of repatriation cost before he was dismissed. The Seafarer may as a consequence of his gross breach of contract be held liable for any damages incurred as a result of his actions with a subsequent right for the Company to wage deduction, see Article 2.

Appears in 1 contract

Samples: Model Agreement for Non Norwegian Registered Vessels Regarding Wages and Conditions for Latvian Seafarers

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Termination of Service in Exceptional Circumstances. a) A Seafarer may terminate his employment by giving one month's notice of termination to the Company or the Master of the ship, either in writing or verbally in the presence of a witness. Repatriation expenses will be to the seafarers account. The Company may, however, consider special request of early termination of the contract of employment based on compassionate grounds, such as in cases of the death or serious illness of spouse, children or parents. The repatriation costs will be to the seafarer's account, but the Company will on request from the Union share or cover such expenses. b) In the event of sale, laying-up, or lengthy stay in a repair yard, the Company may terminate the service. The seafarer is then entitled to pay up to and including the day of signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia Ukraine on the Company's account. In case of ship loss the seafarer is entitled to pay up to and including the day of signing- signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia Ukraine on the Company's account. He shall be entitled to an additional compensation for up to one (1) month's basic wage provided he is unemployed for thirty (30) days from date of repatriation. c) The seafarer is entitled to terminate his employment contract immediately if the vessel is certified substandard in the relation to the provisions of Chapter 1, Regulation 19, of the Safety of Life at Sea Convention (SOLAS) 1974 (Annex 4) or substandard in relation to ILO Convention no 147, 1976 Minimum Standards in Merchant Ships. In any event a ship shall also be regarded as substandard if it is not in possession of one or more of the certificates required under Chapter I Regulations 12 and 13 of SOLAS or ILO Convention 147. The seafarer is then entitled to basic wage up to and including the day of signing off, plus two (2) month's basic wage and repatriation to the seafarers’ seafarers place of domicile in Latvia Ukraine on the Company's account. d) The Company may terminate the employment contract prior to the agreed period of duration, ref. Article 4, provided the seafarer is paid two (2) month's basic wages and repatriation expenses to the seafarers place of domicile in LatviaUkraine. The Company may always terminate the contract of employment if the seafarer becomes ill or injured and has to sign off the vessel. The seafarer will then have a right to sick pay, ref. article Article 10, and to coverage of repatriation expenses, but no right to termination pay. e) A seafarer who has served the agreed contract period, ref. Article 4 will not be entitled to termination pay of two (2) month's basic wages as mentioned in point b) to d) above. A seafarer who is offered to continue in service on another vessel within one month, is not entitled to termination pay of two (2) month's basic wages. f) Travelling expenses on the Company's account shall not include the seafarers' baggage in excess of the normal allowed weight by the air carrier. Excess baggage shall be at the seafarers' expense. g) The Company or its representative may within the contract period, dismiss any seafarer immediately who is incompetent for service, neglects to meet on board at appropriate time, commits himself to disobedience, violent behaviour, abuse of narcotics and alcohol provided the Grievance Procedure, see Article 6, are complied with. The repatriation cost will be for the seafarer's account, provided he has not earned his entitlement to coverage of repatriation cost before he was dismissed. The Seafarer may as a consequence of his gross breach of contract be held liable for any damages incurred as a result of his actions with a subsequent right for the Company to wage deduction, see Article 2.

Appears in 1 contract

Samples: Collective Fleet Agreement

Termination of Service in Exceptional Circumstances. a) A Seafarer may terminate his employment by giving one month's notice of termination to the Company or the Master of the ship, either in writing or verbally in the presence of a witness. Repatriation expenses will be to the seafarers account. The Company may, however, consider special request of early termination of the contract of employment based on compassionate grounds, such as in cases of the death or serious illness of spouse, children or parents. The repatriation costs will be to the seafarer's account, but the Company will on request from the Union share or cover such expenses. b) In the event of sale, laying-up, or lengthy stay in a repair yard, the Company may terminate the service. The seafarer is then entitled to pay up to and including the day of signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia Ukraine on the Company's account. In case of ship loss the seafarer is entitled to pay up to and including the day of signing- off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia Ukraine on the Company's account. He shall be entitled to an additional compensation for up to one (1) month's basic wage provided he is unemployed for thirty (30) days from date of repatriation. c) The seafarer is entitled to terminate his employment contract immediately if the vessel is certified substandard in the relation to the provisions of Chapter 1, Regulation 19, of the Safety of Life at Sea Convention (SOLAS) 1974 (Annex 4) or substandard in relation to ILO Convention no 147, 1976 Minimum Standards in Merchant Ships. In any event a ship shall also be regarded as substandard if it is not in possession of one or more of the certificates required under Chapter I Regulations 12 and 13 of SOLAS or ILO Convention 147. The seafarer is then entitled to basic wage payment up to and including the day of signing off, plus two (2) . In addition the seafarer is entitled to one month's ’s basic wage and repatriation to the seafarers’ place of domicile in Latvia Ukraine on the Company's ’s account. d) The Company may terminate the employment contract prior to the agreed period of duration, ref. Article 4, provided the seafarer is paid two (2) month's basic wages and repatriation expenses to the seafarers place of domicile in LatviaUkraine. The Company may always terminate the contract of employment if the seafarer becomes ill or injured and has to sign off the vessel. The seafarer will then have a right to sick pay, ref. article 10, and to coverage of repatriation expenses, but no right to termination pay. e) A seafarer who has served the agreed contract period, ref. Article 4 will not be entitled to termination pay of two (2) month's basic wages as mentioned in point b) to d) above. A seafarer who is offered to continue in service service, and is provided a work place on another vessel within one month, is not entitled to termination pay of two (2) month's basic wages. f) Travelling expenses on the Company's account shall not include the seafarers' baggage in excess of the normal allowed weight by the air carrier. Excess baggage shall be at the seafarers' expense. g) The Company or its representative may within with in the contract period, dismiss any seafarer immediately who is incompetent for service, neglects to meet on board at appropriate time, commits himself to disobedience, violent behaviour, abuse of narcotics and alcohol provided the Grievance Procedure, see Article 6, are complied with. The repatriation cost will be for the seafarer's account, provided he has not earned his entitlement to coverage of repatriation cost before he was dismissed. The Seafarer may as a consequence of his gross breach of contract be held liable for any damages incurred as a result of his actions with a subsequent right for the Company to wage deduction, see Article 2.

Appears in 1 contract

Samples: Model Agreement for Non Norwegian Registered Vessels Regarding Wages and Conditions for Ukrainian Seafarers

Termination of Service in Exceptional Circumstances. a) A Seafarer may terminate his employment by giving one month's notice of termination to the Company or the Master of the ship, either in writing or verbally in the presence of a witness. Repatriation expenses will be to the seafarers account. The Company may, however, consider special request of early termination of the contract of employment based on compassionate grounds, such as in cases of the death or serious illness of spouse, children or parents. The repatriation costs will be to the seafarer's account, but the Company will on request from the Union share or cover such expenses. b) In the event of sale, laying-up, or lengthy stay in a repair yard, the Company may terminate the service. The seafarer is then entitled to pay up to and including the day of signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia Russia on the Company's account. In case of ship loss the seafarer is entitled to pay up to and including the day of signing- signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia Russia on the Company's account. He shall be entitled to an additional compensation for up to one (1) month's basic wage provided he is unemployed for thirty (30) days from date of repatriation. c) The seafarer is entitled to terminate his employment contract immediately if the vessel is certified substandard in the relation to the provisions of Chapter 1, Regulation 19, of the Safety of Life at Sea Convention (SOLAS) 1974 (Annex 4) or substandard in relation to ILO Convention no 147, 1976 Minimum Standards in Merchant Ships. In any event a ship shall also be regarded as substandard if it is not in possession of one or more of the certificates required under Chapter I Regulations 12 and 13 of SOLAS or ILO Convention 147. The seafarer is then entitled to basic wage up to and including the day of signing off, plus two (2) month's basic wage and repatriation to the seafarers’ seafarers place of domicile in Latvia Russia on the Company's account. d) The Company may terminate the employment contract prior to the agreed period of duration, ref. Article 4, provided the seafarer is paid two (2) month's basic wages and repatriation expenses to the seafarers place of domicile in LatviaRussia. The Company may always terminate the contract of employment if the seafarer becomes ill or injured and has to sign off the vessel. The seafarer will then have a right to sick pay, ref. article 10, and to coverage of repatriation expenses, but no right to termination pay. e) A seafarer who has served the agreed contract period, ref. Article 4 will not be entitled to termination pay of two (2) month's basic wages as mentioned in point b) to d) above. A seafarer who is offered to continue in service on another vessel within one month, is not entitled to termination pay of two (2) month's basic wages. f) Travelling expenses on the Company's account shall not include the seafarers' baggage in excess of the normal allowed weight by the air carrier. Excess baggage shall be at the seafarers' expense. g) The Company or its representative may within the contract period, dismiss any seafarer immediately who is incompetent for service, neglects to meet on board at appropriate time, commits himself to disobedience, violent behaviour, abuse of narcotics and alcohol provided the Grievance Procedure, see Article 6Appendix D, are complied with. The repatriation cost will be for the seafarer's account, provided he has not earned his entitlement to coverage of repatriation cost before he was dismissed. The Seafarer may as a consequence of his gross breach of contract be held liable for any damages incurred as a result of his actions with a subsequent right for the Company to wage deduction, see Article 2.

Appears in 1 contract

Samples: Model Agreement for Non Norwegian Registered Vessels Regarding Wages and Conditions for Russian Seafarers

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Termination of Service in Exceptional Circumstances. a) A Seafarer may terminate his employment by giving one month's notice of termination to the Company or the Master of the ship, either in writing or verbally in the presence of a witness. Repatriation expenses will be to the seafarers account. The Company may, however, consider special request of early termination of the contract of employment based on compassionate grounds, such as in cases of the death or serious illness of spouse, children or parents. The repatriation costs will be to the seafarer's account, but the Company will on request from the Union share or cover such expenses. b) In the event of sale, laying-up, or lengthy stay in a repair yard, the Company may terminate the service. The seafarer is then entitled to pay up to and including the day of signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia on the Company's account. In case of ship loss the seafarer is entitled to pay up to and including the day of signing- signing-off plus two (2) month's basic wages and repatriation to the seafarers place of domicile in Latvia on the Company's account. He shall be entitled to an additional compensation for up to one (1) month's basic wage provided he is unemployed for thirty (30) days from date of repatriation. c) The seafarer is entitled to terminate his employment contract immediately if the vessel is certified substandard in the relation to the provisions of Chapter 1, Regulation 19, of the Safety of Life at Sea Convention (SOLAS) 1974 (Annex 4) or substandard in relation to ILO Convention no 147, 1976 Minimum Standards in Merchant Ships. In any event a ship shall also be regarded as substandard if it is not in possession of one or more of the certificates required under Chapter I Regulations 12 and 13 of SOLAS or ILO Convention 147. The seafarer is then entitled to basic wage up to and including the day of signing off, plus two (2) month's basic wage and repatriation to the seafarers’ place of domicile in Latvia on the Company's account. d) The Company may terminate the employment contract prior to the agreed period of duration, ref. Article 4, provided the seafarer is paid two (2) month's basic wages and repatriation expenses to the seafarers place of domicile in Latvia. The Company may always terminate the contract of employment if the seafarer becomes ill or injured and has to sign off the vessel. The seafarer will then have a right to sick pay, ref. article 10, and to coverage of repatriation expenses, but no right to termination pay. e) A seafarer who has served the agreed contract period, ref. Article 4 will not be entitled to termination pay of two (2) month's basic wages as mentioned in point b) to d) above. A seafarer who is offered to continue in service on another vessel within one month, is not entitled to termination pay of two (2) month's basic wages. f) Travelling expenses on the Company's account shall not include the seafarers' baggage in excess of the normal allowed weight by the air carrier. Excess baggage shall be at the seafarers' expense. g) The Company or its representative may within the contract period, dismiss any seafarer immediately who is incompetent for service, neglects to meet on board at appropriate time, commits himself to disobedience, violent behaviour, abuse of narcotics and alcohol provided the Grievance Procedure, see Article 6, are complied with. The repatriation cost will be for the seafarer's account, provided he has not earned his entitlement to coverage of repatriation cost before he was dismissed. The Seafarer may as a consequence of his gross breach of contract be held liable for any damages incurred as a result of his actions with a subsequent right for the Company to wage deduction, see Article 2.two

Appears in 1 contract

Samples: Model Agreement for Non Norwegian Registered Vessels Regarding Wages and Conditions for Vessels Engaged in International Voyages

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