EI EU -TYÖNTEKIJÖITÄ KOSKEVA TYÖEHTOSOPIMUS
Suomen Konepäällystöliitto ry Suomen Varustamot ry
EI EU -TYÖNTEKIJÖITÄ KOSKEVA TYÖEHTOSOPIMUS
Allekirjoittaneet osapuolet ovat sopineet siitä, että Suomen lipun alla olevilla Suomen Varustamot ry:n ja jäsenvarustamoiden aluksilla, joissa työskentelee varustamon ja Suomen Konepäällystöliitto ry:n välisen sopimuksen perusteella EI EU -työntekijöitä, sovelletaan liitteenä olevaa työehtosopimusta (Terms and Conditions for Non Eu Seafarers, jäljempänä TEA). Työehtosopimus perustuu ITF Uniform TCC Collective Agreement:iin.
Työehtosopimuksen taulukkopalkkoja tarkistetaan sopimuskauden aikana siten, että palkat vastaavat kulloinkin voimassa olevaa ITF TCC Benchmark:a.
Työehtosopimus on voimassa kuten ulkomaanliikenteen konepäällystön pääsopimus.
Helsingissä 8.3.2024.
Suomen Konepäällystöliitto ry
Suomen Varustamot ry
Collective Bargaining Agreement
between Finnish Engineers´
Association and
Finnish Shipowners’ Association
for
Non-EU Seafarers working on Finnish Flagged cargo vessels ”Temporary Employment Agreement (TEA)”1
1.1.2024 – 31.12.2025
1 § Application
1.1 These provisions set out the additional terms and conditions applicable to Non-EU Seafarers serving on vessels that trade under Finnish Flag. In matters not stipulated in these provisions the national Finnish Collective Agreement applicable to the vessel will apply.
1.2 These provisions are deemed to be incorporated into and to contain the terms and conditions of contract of employment of any Seafarer to whom these provisions apply. The incorporation of this Agreement into each Seafarer’s individual contract of employment shall be made ex- plicit.
1.3 The Owner shall employ the Seafarers on the terms and conditions contained in these provi- sions, and to enter into individual contracts of employment with any Seafarer to whom these provisions applies, incorporating the terms and conditions contained in these provisions. The Company undertakes that it will comply with all the terms and conditions of these provisions. The Company shall further ensure that signed copies of these provisions are available on board in English.
1.4 “Seafarer” means any person who is employed or engaged or works in any capacity to whom these provisions apply. “MLC” means Maritime Labour Convention adopted by the General Conference of the International Labour Organization on 23 February 2006, as amended.
1.5 Each Seafarer, in accordance with 1.1 above, shall be covered with these provisions with ef- fect 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 these provi- sions, the company is liable for the payment of wages, whether or not any employment con- tract is executed between the Seafarer and the company and whether or not the Ship’s Arti- cles are endorsed or amended to include the rates of pay specified in these provisions.
1.6 For the entire period of seafarer´s employment under this Agreement the Company
1 These terms and conditions are based on the ITF Uniform TCC Collective Agreement.
shall have measures in place so that seafarers stay protected against discrimination and/or harassment on the basis of gender, religion, race, colour, nationality, political opinion, social origin and sexual orientation – compliant with the principles of the ILO Convention on Violence and Harassment, 2019 (No. 190).
2 § Pre-Employment
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. The provisions of this Article shall equally apply to Seafarers who were previously employed by the Company, signed-off due to medical reasons pursuant to Article 18.1 (b) and maybe willing to be re-employed upon recovery. Any such recovered Seafarers shall be treated equally to the other candidates under- going medical examination.
2.3 The Company shall ensure, that the standards laid down in the ILO Maritime Labour Conven- tion (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 documents 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 an MLC compliant Seafarer’s employment contract attached as AN- NEX 5
2.5 Documentation as required by the Flag State shall be at Company expense.
3 § Non-Seafarers Work
3.1 Neither Seafarers nor anyone else on board whether in permanent or temporary employment by the Company shall carry out cargo handling services in a port, at a terminal or on board of a vessel, where dock workers, who are members of an ITF affiliated union, are providing the cargo handling services. Where there are not sufficient numbers of qualified dock workers available, the ship’s crew may carry out the work provided that there is prior agreement of the ITF Dockers Union or ITF Unions concerned; and provided that the individual Seafarers vol- unteer to carry out such duties; and those Seafarers are qualified and adequately compen- sated for that work. For the purpose of this clause “cargo handling services” may include but is not limited to: loading, unloading, lashing, unlashing, checking and receiving.
3.2 Where a vessel is in a port where an official trade dispute involving an ITF-affiliated dock workers’ union is taking place, there shall not be any cargo operations undertaken which could affect the resolution of the 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 1 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 over- time rate. However, the compensation shall always be in euros at least as much as the com- pensation for EU Seafarers according to the collective bargaining agreement “Ulkomaanliikenteen konepäällystön pääsopimus ja yleiset sopimukset”.2
3.4 In implementing the provisions of Articles 3.1 and 3.2 above, specific conditions may apply as identified in ANNEX 6 to this Agreement.
4 § Duration of Employment
4.1 A Seafarer shall normally be engaged for at least 6 (six) months if not otherwise agreed be- tween the Seafarer and the Company. However, the maximum length of the agreement shall be 9 (nine) months. The employment shall be automatically terminated upon the terms of these provisions at the first arrival of the ship in port after expiration of that period.
5 § Hours of Duty
5.1 The normal hours of duty shall be eight hours per day from Monday to Friday inclusive.
6 § Overtime
6.1 Any hours of duty in excess of the 8 (eight) shall be paid for by overtime, the hourly overtime rate shall be 1.25 the basic hourly rate calculated by reference to the basic wage for the cat- egory concerned and the weekly working hours (ANNEX 1).
6.2 At least 103 (one hundred and three) hours guaranteed overtime shall be paid monthly to each Seafarer.
2 Collective Bargaining Agreement between Finnish Engineers´ Association and the Shipowners’ Association stipulating the terms and conditions of employment of EU ratings and economical departement employees working on board Finnish Flagged vessels.
6.3 Overtime shall be recorded individually and in duplicate either by the Master or the Head of the Department, if requested by the Seafarer a hard copy will be provided.
6.4 Such record, endorsed by the Master or a person authorised by the Master, shall be accessi- ble to the Seafarer. Every month the Seafarer shall be offered to endorse the record. After the record is endorsed, it is final. On completion of their contract, one copy shall be pro- vided to the Seafarer, is such information is not already contained within the Seafarer’s pay documents. A Seafarer may request a printed copy of their overtime records at any time during their contract term.
6.5 Any additional hours worked during an emergency directly affecting the immediate safety of the ship, its passengers, crew or cargo, of which the Master shall be the sole judge, or for safety drills or work required to give assistance to other ships or persons in immediate peril shall not count for overtime payment.
6.6 If no overtime records are kept as required in 6.3 and 6.4 above, the Seafarer shall be paid monthly a lump sum for overtime worked calculated at 160 hours at the hourly overtime rate without prejudice to any further claim for payment for overtime hours worked in excess of this figure.
7 § Holidays
7.1 For the purpose of these provisions the days listed in ANNEX 2 shall be considered as holi- days at sea or in port. If a holiday falls on a Saturday or a Sunday, the following working day shall be observed as a holiday.
8 § Rest Periods
8.1 Each Seafarer shall have a minimum of 10 hours rest in any 24 hour period and 77 hours in any seven-day period.
8.2 This period of 24 hours shall begin at the time a Seafarer starts work immediately after hav- ing had a period of at least 6 consecutive hours off duty.
8.3 The hours of rest may be divided into no more than two periods, one of which shall be at least 6 hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.
8.4 The company shall post in an accessible place on board a table detailing the schedule of ser- vice at sea and in port and the minimum hours of rest for each position on board in the lan- guage of the ship and in English.
8.5 Nothing in this Article shall be deemed to impair the right of the master of a ship to require a Seafarer to perform any hours of work necessary for the immediate safety of the ship, per- sons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea. In such situation, the master may suspend
the schedule of hours of work or hours of rest and require a Seafarer to perform any hours of work necessary until the normal situation has been restored. As soon as practicable after the normal situation has been re- stored, the master shall ensure that any Seafarers who have performed the work in a sched- uled rest period are provided with an adequate period of rest. In addition, the International Convention on Standards of Training, Certification and Watch Keeping for Seafarers (STCW) requirements covering overriding operational conditions shall apply, including those of STCW A-VIII/1, Article 9.
8.6 A short break of less than 30 minutes will not be considered as a period of rest.
8.7 Emergency drills and drills prescribed by national laws and regulations and by international instruments shall be conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue.
8.8 The allocation of periods of responsibility on Unmanned Machinery Space (UMS) Ships, where a continuous watchkeeping in the engine room is not carried out, shall also be con- ducted in a manner that minimises the disturbance of rest periods and does not induce fa- tigue and an adequate compensatory rest period shall be given if the normal period of rest is disturbed by call-outs.
8.9 Records of Seafarers daily hours of rest shall be maintained to allow for monitoring of compli- ance with this Article.
9 § Wages
9.1 The net wages of each Seafarer shall be calculated in accordance with these provisions and as per the attached wage scales (ANNEX 1) and the only deductions from such wages shall be proper statutory and other deductions as recorded in these provisions and/or other deduc- tions as authorised by the Seafarer. The wage scale in ANNEX 1 shall be deemed as a mini- mum requirement. Where a higher entitlement than in the wage scale may be agreed for the Seafarer, such higher entitlement shall be guaranteed and may not be decreased for the du- ration of the tour of duty.
9.2 The Seafarer shall be entitled to payment of their net wages, after deductions, in US dollars, or in a currency agreed with the Seafarer, at the end of each calendar month together with an account of their wages, identifying the exchange rate where applicable.
9.3 Any wages not drawn by the Seafarer shall accumulate for their account and may be drawn as a cash advance twice monthly. For the purpose of this provision, seafarer cash cards and ewallets may be considered equivalent to cash, subject to the seafarer’s explicit consent and the availability of customer support.
9.4 For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.
9.5 A Seafarer who is 21 or over and is not a trainee shall be paid at the equivalent rate of an or- dinary seaman.
10 § Allotments
10.1 Each Seafarer to whom this Agreement applies shall be allowed an allotment note, free of charge, of up to 80% of basic wages (or such higher amount as agreed with the Master or the Company) payable at monthly intervals after allowing for any deductions as specified in Article 9, in line with the provisions of MLC Standard A2.2, paragraph 5.
11 § Leave
11.1 Each Seafarer shall, on the termination of employment for whatever reason, be entitled to payment of 7 days’ leave for each completed month of service and pro rata for a shorter pe- riod.
11.2 Payment for leave shall be at the rate of pay applicable at the time of termination plus a daily allowance as specified in ANNEX 3.
12 § Subsistence Allowance
12.1 When food and/or accommodation is not provided on board the company shall be responsi- ble for providing food and/or accommodation of suitable quality.
13 § Watch-keeping
13.1 Watchkeeping at sea and, when deemed necessary, in port, shall be organised where possi- ble on a three-watch basis.
13.2 It shall be at the discretion of the Master which Seafarers are put into watches and which, if any, on day work.
13.3 While watchkeeping at sea, the officer of the navigational watch shall be assisted by a posted lookout during the hours of darkness and as required by any relevant national and in- ternational rules and regulations, and also whenever deemed necessary by the master or of- ficer of the navigational watch.
13.4 The Master and Chief Engineer shall not normally be required to stand watches.
14 § Manning
14.1 The Ship shall be competently and adequately manned so as to ensure its safe operation.
15 § Shorthand Manning
15.1 Where the complement falls short of the agreed manning, for whatever reasons, the basic wages of the shortage category shall be paid to the affected members of the concerned de- partment. Every effort shall be made to make good the shortage before the ship leaves the next port of call. This provision shall not affect any overtime paid in accordance with Article 6.
16 § Service in Warlike Operations Areas/High Risk Areas
16.1 A Warlike Operations Area or High Risk Area will be designated by the Lloyd’s Joint War Committee. An updated list of the Warlike Operations areas/High Risk Areas shall be kept on board the vessels and shall be accessible to the crew.
16.2 At the time of the assignment the Company shall inform the Seafarers if the vessel is bound to or may enter any Warlike Operations area/High Risk Area. If this information becomes known during the period of the Seafarers’ employment on the vessel the Company shall ad- vise the Seafarers immediately.
16.3 If the vessel enters a Warlike Operations Area/High Risk Area:
- The Seafarer shall have the right not to proceed to such area. In this event the Sea- farer shall be repatriated at Company’s cost with benefits accrued until the date of re- turn to their home or the port of engagement.
- The Seafarer shall be entitled to a double compensation for disability and death.
- The Seafarer shall also be paid a bonus equal to 100% of the basic daily wage for the durations of the ship’s stay in a Warlike Operations Area/High Risk Area
– subject to a minimum of 5 days’ pay.
- The Seafarer shall have the right to accept or decline an assignment in a Warlike Op- erations Area/High Risk Area without risking losing their employment or suffering any other detrimental effects.
16.4 In case a Seafarer may become captive or otherwise prevented from sailing as a result of an act of piracy or hijacking, irrespective whether such act takes place within or outside Warlike Operations areas/High Risk Areas referred to in this Article, the Seafarer’s employment sta- tus and entitlements under this Agreement shall continue until the Seafarer’s release and thereafter until the Seafarer is safely repatriated to his/her home or place of engagement or until all Company’s contractual liabilities end. These continued entitlements shall, in particu- lar, include the payment of full wages
and other contractual benefits. The Company shall also make every effort to provide captured Seafarers, with extra protection, food, welfare, medical and other assistance as necessary.
17 § Crew’s Effects
17.1 When any Seafarer suffers total or partial loss of, or damage to, their personal effects whilst serving on board the ship as a result of wreck, loss stranding or abandonment of the vessel, or as a result of fire, flooding or collision, or an act of piracy or armed robbery against ships/hostage taking, excluding any loss or damage caused by the Seafarer’s own fault or through theft or misappropriation, they shall be entitled to receive from the company compensation up to a maximum specified in ANNEX 3.
17.2 The Seafarer shall certify that any information provided with regard to lost property is true to the best of their knowledge.
17.3 The Company shall take measures for safeguarding property left on board by sick, injured or deceased Seafarers and for returning it to them or to their next of kin.
18 § Termination of Employment
18.1 The employment shall be terminated:
a) upon the expiry of the agreed period of service identified in Article 4; or
b) when signing off owing to sickness or injury, after medical examination in accord- ance with Article 21.
18.2 The company may terminate the employment of a Seafarer:
a) If the Seafarer has been found to be in serious default of their employment obligations in accordance with Article 20; or
b) upon the total loss of the ship, or when the ship has been laid up for a continuous period of at least one month or upon the sale of the ship.
18.3 A Seafarer to whom these provisions apply may terminate employment:
a) by giving one month’s written notice of termination to the Company or the Master of the ship;
b) when, during the course of a voyage it is confirmed that the spouse, partner (when nominated by the Seafarer as the next of kin), parent or dependent child, has fallen dangerously ill;
c) if the ship is about to sail into a warlike operations area or a High Risk Area, in accordance with Article 16 of these provisions;
d) if the Seafarer was employed for a specified voyage on a specified ship, and the voyage is subsequently altered substantially, either with regard to duration of trading pattern;
e) if the Ship is certified substandard in relation to the applicable provisions the Safety of Life at Sea Convention (SOLAS) 1974, the International Convention on Loadlines (LL) 1966, the Standards of Training Certification and Watchkeeping Convention (STCW) 1995, as amended,
the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 (MARPOL) or substandard in relation to ILO Convention No. 147, 1976, Minimum Standards in Merchant Ships as supplemented by the Protocol of 1996 and remains so for a period of 30 consecutive days provided that adequate living conditions and provi- sions are provided on board or ashore. In any event, a Ship shall be regarded as substandard if it is not in possession of the certificates required under either applicable national laws and regulations or international instruments;
f) if the ship has been arrested and has remained under arrest for 30 days; or
g) if after any agreed grievance procedure has been invoked, the company has not complied with the terms of these provisions.
18.4 A Seafarer shall be entitled to receive compensation of two months’ basic pay on termination of their employment in accordance with 18.2(c), 18.3(c), (d), (e), (f) and
(g) above and Arti- cle 23.1.
18.5 It shall not be grounds for termination if, during the period of the agreement, the company transfers the Seafarer to another vessel belonging or related to the same owner/manager, on the same rank and wages and all other terms, if the second vessel is engaged on the same or similar voyage patterns. There shall be no loss of earnings or entitlements during the transfer and the company shall be liable for all costs and subsistence for and during the transfer.
19 § Repatriation/Embarkation
19.1 Repatriation shall take place in such a manner that it takes into account the needs and rea- sonable requirements for comfort of the Seafarer.
19.2 During repatriation for normal reasons, the company shall be liable for the following costs until the Seafarers reach the final agreed repatriation destination, which can be either a place of original engagement or home:
a) payment of basic wages between the time of discharge and the arrival of the Seafarer at their place of original engagement or home;
b) the cost of accommodation and food;
c) reasonable personal travel and subsistence costs during the travel period; and
d) transportation of the Seafarer’s personal effects up to the amount allowed free of charge by the relevant carrier agreed with the company.
19.3 A Seafarer shall be entitled to repatriation at the company’s expense on termination of em- ployment as per Article 18 except where such termination arises under Article 18.2(a).
19.4 The provisions of Articles 19.1, 19.2 and 19.3 shall also apply to Seafarers travelling to join the vessel.
20 § Misconduct
20.1 A company may terminate the employment of a Seafarer following a serious default of the Seafarers employment obligations which gives rise to a lawful entitlement to dismissal, pro- vided that the company shall, where possible, prior to dismissal, give written notice to the Seafarer specifying the serious default which has been the cause of the dismissal.
20.2 In the event of the dismissal of a Seafarer in accordance with this clause, the company shall be entitled to recover from that Seafarer’s balance of wages the costs involved with repatriat- ing the seafarer together with such costs incurred by the company as are directly attributable to the Seafarers proven misconduct. Such costs do not, however, include the costs of provid- ing a replacement for the dismissed Seafarer.
20.3 For the purpose of these provisions, refusal by any Seafarer to obey an order to sail the ship shall not amount to a breach of the Seafarers employment obligations where:
a) the ship is unseaworthy or otherwise substandard as defined in Article
18.3 (e);
b) for any reason it would be unlawful for the ship to sail;
c) the Seafarer has a genuine grievance against the company in relation to the im- plementation of these provisions and has complied in full with the terms of the company’s grievance procedure; or
d) the Seafarer refuses to sail into a warlike area or a High Risk Area as identified in Article 16.
20.4 The Company shall ensure that a fair, effective and expeditious on-board procedure is in place to deal with reports of breaches of employment obligations and with Seafarers’ com- plaints or grievances. Such procedures shall be available and equally apply to all crewmembers. It shall allow Seafarers to be accompanied or represented during the procedure and provide safeguards against victimization for raising complaints that are not manifestly vexatious or malicious.
21 § Medical Attention
21.1 A Seafarer shall be entitled to immediate medical attention when required and to dental treat- ment of acute pain and emergencies at the Company’s expense.
21.2 A Seafarer who is hospitalised abroad owing to sickness or injury shall be entitled to medical attention (including hospitalisation) at the company’s expense for as long as such attention is required or until the Seafarer is repatriated pursuant to Article 19, whichever is the earlier.
21.3 A Seafarer repatriated unfit as a result of sickness or injury, shall be entitled to medical atten- tion (including hospitalisation) at the company’s expense:
a) in the case of sickness, for up to 130 days after repatriation, subject to the sub- mission of satisfactory medical reports;
b) in the case of injury, for so long as medical attention is required or until a medical determination is made in accordance with Article 24.2 concerning permanent dis- ability; or
c) in those cases where, following repatriation, Seafarers have to meet their own medical care costs, in line with Article 21.3 (a), they may submit claims for reim- bursement within 6 months, unless there are exceptional circumstances, in which case the period may be extended.
21.4 Proof of continued entitlement to medical attention shall be by submission of satisfactory medical reports, endorsed, where necessary, by a company appointed doctor. If a doctor ap- pointed by or on behalf of the Seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the Union and the decision of this doctor shall be final and binding on both parties.
22 § Sick Pay
22.1 When a Seafarer is landed at any port because of sickness or injury a pro rata payment of their basic wages plus guaranteed or, in the case of officers, fixed overtime, shall continue until they have been repatriated at the company’s expense as specified in Article 19. Thereafter the Seafarer shall be entitled to sick pay at the rate equivalent to their basic wage while they remain sick up to a maximum of 130 days after repatriation. The provision of sick pay following repatriation shall be subject to submission of a valid medical certificate, without undue delay.
22.2 However, in the event of incapacity due to an accident the basic wages shall be paid until the injured Seafarer has been cured or until a medical determination is made in accordance with Article 24.2 concerning permanent disability.
22.3 Proof of continued entitlement to sick pay shall be by submission of satisfactory medical re- ports, endorsed, where necessary, by a company appointed doctor. If a doctor appointed by or on behalf of the Seafarer disagrees with the assessment, a third doctor may be nominated jointly between the company and the Seafarer and the decision of this doctor shall be final and binding on both parties.
23 § Maternity
23.1 In the event that a crew member becomes pregnant during the period of employment:
a) the Seafarer shall advise the master as soon as the pregnancy is confirmed;
b) the company will repatriate the Seafarer as soon as reasonably possible but in no case later than the 26th week of pregnancy; and where the nature of the ves- sel’s operations could in the circumstances be hazardous – at the first port of call;
c) the Seafarer shall be entitled to receive contractual pay for the full contract pe- riod, plus 100 days basic pay; and
d) the Seafarer shall be afforded priority in filling a suitable vacancy in the
same or equivalent position within three years following the birth of a child should such a vacancy be available.
24 § Disability
24.1 A Seafarer who suffers permanent disability as a result of an accident whilst in the employ- ment of the company regardless of fault, including accidents occurring while travelling to or from the ship, and whose ability to work as a Seafarer is reduced as a result thereof, shall in addition to sick pay, be entitled to compensation according to the provisions of these provi- sions.
24.2 The disability suffered by the Seafarer shall be determined by a doctor appointed by the com- pany. If a doctor appointed by or on behalf of the Seafarer disagrees with the assessment, a third doctor may be nominated jointly between the company and the Seafarer and the deci- sion of this doctor shall be final and binding on both parties.
24.3 The company shall provide disability compensation to the Seafarer in accordance with the following table, with any differences, including less than 10 % disability, to be pro rata.
2024
Degree of Disablity | Rate of Compensation | ||
Percentge (%) | Ratings | Junior Officers | Senior Officers (4) |
100 | 114,018 | 152,022 | 190,027 |
75 | 85,512 | 114,017 | 142,520 |
60 | 68,411 | 91,213 | 114,017 |
50 | 57,009 | 76,012 | 95,014 |
40 | 45,607 | 60,810 | 76,012 |
30 | 34,206 | 45,606 | 57,009 |
20 | 22,805 | 30,404 | 38,008 |
10 | 11,403 | 15,203 | 19,003 |
2025
Degree of Disablity | Rate of Compensation | ||
Percentge (%) | Ratings | Junior Officers | Senior Officers (4) |
100 | 116,299 | 155,063 | 193,828 |
75 | 87,223 | 116,298 | 145,371 |
60 | 69,780 | 93,038 | 116,298 |
50 | 58,150 | 77,533 | 96,915 |
40 | 46,520 | 62,027 | 77,533 |
30 | 34,891 | 46,519 | 58,150 |
20 | 23,262 | 31,013 | 38,769 |
10 | 11,632 | 15,508 | 19,384 |
Note: ”Senior Officers” for the purpose of this clause means Master, Chief Officer, Chief Engineer and 1st Engineer. “Junior Officers” for the purpose of this clause means 2nd Officer, 3rd Engineer, 3rd Officer, 4th Engineer, Radio Officer Chief Xxxxxxx and Electrical Engr.
24.4 A Seafarer whose disability, in accordance with 24.2 above is assessed at 50% or more un- der the attached ANNEX 4 shall, for the purpose of this paragraph, be regarded as perma- nently unfit for further sea service in any capacity and be entitled to 100% compensation. Furthermore, any Seafarer assessed at less than 50 % disability but certified as permanently unfit for further sea service in any capacity by the company-nominated doctor, shall also be entitled to 100 % compensation. Any disagreement as to entitlement under this clause shall be resolved in accordance with the procedures set out in 24.2 above.
24.5 The Company, in discharging its’s responsibilities to provide for safe and decent working conditions, should have effective arrangements for the payment of compensation for per- sonal injury. When a valid claim arises, payment should be made promptly and in full, and there should be no pressure by the Company, or by the representative of the insurers for a payment less than the contractual amount due under these provisions. Where the nature of the personal injury makes it difficult for the Company to make a full payment of the claim, consideration has to be given to the payment of an interim amount so as to avoid undue hardship.
24.6 Any payment effected under 24.1 to 24.5 above, shall be without prejudice to any claim for compensation made in law, but shall be deducted from any settlement in respect of such claim.
25 § Loss of Life – Death in Service
25.1 If a Seafarer dies through any cause whilst in the employment of the Company including death from natural causes and death occurring whilst travelling to and from the vessel, or as a result of marine or other similar peril, the Company shall pay the sums specified in the attached ANNEX 3 to a nominated beneficiary and to each dependent child up to a maximum of 4 (four) under the age of 18 (eighteen). If the Seafarer shall leave no nominated beneficiary, the aforementioned sum shall be paid to the person or body empowered by law or oth- erwise to administer the estate of the Seafarer. The Company shall also transport at its own expense the body to the Seafarer’s home where practical and at the families’ request and pay the cost of burial expenses. Where the death has occurred at sea the repatriation of the body shall be carried out at the next scheduled port of call, subject to national legislation and as quickly as possible. For the purpose of this Article a Seafarer shall be regarded as “in employment of the company” for so long as the provisions of Articles 21 and 22 apply and pro- vided the death is directly attributable to sickness or injury that caused the Seafarer’s employment to be terminated in accordance with Article
18.1 b).
25.2 The provisions of Article 24.5 above shall also apply in the case of compensation for Loss of Life – Death in Service as specified in this Article.
26 § Insurance Cover
26.1 The Company shall conclude appropriate insurance to cover themselves fully against the possible contingencies arising from the Articles of these provisions. Further, the Company shall ensure that a financial security system be provided on board to protect the crew against abandonment and to guarantee resolution of claims arising from 2014 amendments to MLC. The details of the applicable financial security system shall be posted in a conspicuous place on board where it is available to the Seafarers.
27 § Food, Accommodation, Bedding, Amenities etc.
27.1 ‘The Company shall provide, as a minimum, accommodation, recreational facilities, amenities and services, including social connectivity, as adapted to meet the special needs of seafarers who must live and work on ships. The Company shall also provide food and catering services in accordance with the standards specified in Title 3 of MLC and shall give due consideration to the Guidelines in that Convention, including the provisions of equipment for sports, exercise, table games, deck games and, where possible, facilities for swimming. Where onboard drinking water falls below potable (safe-to-drink) standards, other fresh water shall be provided at no cost to the crew in sufficient amounts.
27.2 In addition, the company shall provide the galley with all items of equipment normally re- quired for cooking purposes. All items of equipment shall be of good quality.
27.3 The accommodation standards should generally meet those criteria contained in relevant ILO instruments relating to crew accommodation.
27.4 Seafarers will have access to free call on a one-off basis linked to compassionate circum- stances as per Article 18.3 emergencies.
27.5 The Company should, so far as is reasonably practicable, provide seafarers on board their ships with internet, without any charges.
27.6 Seafarers off duty shall be granted shore leave upon the vessel’s arrival in port, except only when leaving the vessel is prohibited/restricted by relevant authorities of the port state or due to safety and/or operational reasons.
28 § Personal Protective Equipment
28.1 The company shall provide the necessary personal protective equipment in accordance with ISM/IMO regulations, or any applicable national regulations, which specify any additional equipment, for the use of each Seafarer while serving on board.
28.2 The company will supply the crew with appropriate personal protective equipment for the na- ture of the job, which will be sanitised, maintained or replaced in line with the manufacturers’ recommendations.
28.3 Seafarers should be advised of the dangerous nature and possible hazards of any work to be carried out and instructed of any necessary precautions to be taken as well as of the use of the protective equipment.
28.4 If the necessary safety equipment is not available to operate in compliance with any of the above regulations, Seafarers should not be permitted or requested to perform the work.
28.5 Seafarers shall use and take care of personal protective equipment at their disposal and not misuse any means provided for their own protection or the protection of others. Personal pro- tective equipment remains the property of the company.
29 § Shipboard Health and Safety
29.1 The Company shall facilitate the establishment of on-board safety management system ac- cording to Finnish law.
30 § Membership Fees and Representation of Seafarers
30.1 Subject to national legislation, in order to be covered by this agreement, all Seafarers should be members of an appropriate national trade union affiliated to the ITF.
30.2 The Company shall arrange to pay in respect of each Seafarer the Entrance/Membership fees in accordance with the terms of the relevant organization. Membership Fees to the Finn- ish Engineers´ Association are to be deducted and paid monthly according to the normal national practice.
30.3 The company acknowledges the right of Seafarers to participate in union activities and to be protected against acts of anti-union discrimination as per ILO Conventions Nos. 87 and 98.
30.4 The company acknowledges the right of the Seafarers to elect a liaison representative from among the crew who shall not be dismissed nor be subject to any disciplinary proceedings as a result of the Seafarer’s duties as a liaison representative unless the union has been given adequate notice of the dismissal.
31 § Equality
31.1 Each Seafarer shall be entitled to work, train and live in an environment free from harass- ment and bullying whether sexually, racially or otherwise motivated. The company will regard breaches of this undertaking as a serious act of misconduct on the part of Seafarers.
32 § Waivers and Assignments
32.1 The company undertakes not to demand or request any Seafarer to enter into any
document whereby, by way of waiver or assignment or otherwise, the Seafarer agrees or promises to accept variations to the terms of these provisions or return to the company, their servants or agents any wages (including backwages) or other emoluments due or to become due to the Seafarer under these provisions and the company agrees that any such document already in existence shall be null and void and of no legal effect.
33 § Breach of the Agreement
33.1 If the Company breaches the terms of these provisions the union, for itself or acting on behalf of the Seafarers, and/or any Seafarer shall be entitled to take such measures against the company as may be deemed necessary to obtain redress.
ANNEX 1, Wages
ANNEX 2, National holidays
ANNEX 3, Schedule of Cash Benefits
ANNEX 4, Degree of disability
ANNEX 5, Seafarers Employment Agreement
ANNEX 6, Non-Seafarers Work (Article 3) – Implementation
Differential | Basic Salary (40hrs) | Guaranteed Overtime (103hrs) | Overtime rate | Leave Pay (7 days) | Leave Subsistence ($18) | Net Total | Xx.xx./ Pag-ibig | TAX (35 %) | Gross Total | Xxxx.xx. fee | |
103 | 7 | 126 | 51 | 1,2 % | |||||||
Master | 3,369 | 3009 | 2235 | 21,70 | 702 | 126 | 6072 | 51 | 3297,05 | 9420,15 | 113,04 |
Ch. Eng | 3,062 | 2734 | 2031 | 19,72 | 638 | 126 | 5529 | 51 | 3004,58 | 8584,51 | 103,01 |
Ch. Off | 2,175 | 1942 | 1442 | 14,00 | 453 | 126 | 3963 | 51 | 2161,46 | 6175,59 | 74,11 |
1st Eng | 2,175 | 1942 | 1442 | 14,00 | 453 | 126 | 3963 | 51 | 2161,46 | 6175,59 | 74,11 |
2nd Off | 1,742 | 1556 | 1156 | 11,22 | 363 | 126 | 3201 | 51 | 1751,11 | 5003,18 | 60,04 |
2nd Eng | 1,742 | 1556 | 1156 | 11,22 | 363 | 126 | 3201 | 51 | 1751,11 | 5003,18 | 60,04 |
RO | 1,742 | 1556 | 1156 | 11,22 | 363 | 126 | 3201 | 51 | 1751,11 | 5003,18 | 60,04 |
Elect Eng | 1,742 | 1556 | 1156 | 11,22 | 363 | 126 | 3201 | 51 | 1751,11 | 5003,18 | 60,04 |
Chief Stew | 1,742 | 1556 | 1156 | 11,22 | 363 | 126 | 3201 | 51 | 1751,11 | 5003,18 | 60,04 |
3rd Off | 1,679 | 1499 | 1113 | 10,81 | 350 | 126 | 3088 | 51 | 1690,11 | 4828,87 | 57,95 |
3rd Eng | 1,679 | 1499 | 1113 | 10,81 | 350 | 126 | 3088 | 51 | 1690,11 | 4828,87 | 57,95 |
Electrician | 1,498 | 1338 | 994 | 9,65 | 312 | 126 | 2770 | 51 | 1519,11 | 4340,31 | 52,08 |
Bosun | 1,117 | 997 | 741 | 7,19 | 233 | 126 | 2097 | 51 | 1156,42 | 3304,05 | 39,65 |
Xxxxxxxxx | 1,117 | 997 | 741 | 7,19 | 233 | 126 | 2097 | 51 | 1156,42 | 3304,05 | 39,65 |
Fitter/Repairer | 1,117 | 997 | 741 | 7,19 | 233 | 126 | 2097 | 51 | 1156,42 | 3304,05 | 39,65 |
Chief Xxxx | 1,117 | 997 | 741 | 7,19 | 233 | 126 | 2097 | 51 | 1156,42 | 3304,05 | 39,65 |
Donkeyman | 1,117 | 997 | 741 | 7,19 | 233 | 126 | 2097 | 51 | 1156,42 | 3304,05 | 39,65 |
Pumpman | 1,117 | 997 | 741 | 7,19 | 233 | 126 | 2097 | 51 | 1156,42 | 3304,05 | 39,65 |
AB | 1 | 893 | 663 | 6,44 | 208 | 126 | 1890 | 51 | 1045,35 | 2986,72 | 35,84 |
Fireman/motorm | 1 | 893 | 663 | 6,44 | 208 | 126 | 1890 | 51 | 1045,35 | 2986,72 | 35,84 |
Oiler/Greaser | 1 | 893 | 663 | 6,44 | 208 | 126 | 1890 | 51 | 1045,35 | 2986,72 | 35,84 |
Steward | 1 | 893 | 663 | 6,44 | 208 | 126 | 1890 | 51 | 1045,35 | 2986,72 | 35,84 |
2nd Cook | 0,852 | 761 | 565 | 5,49 | 178 | 126 | 1630 | 51 | 904,92 | 2585,49 | 31,03 |
Messroom Stewa | 0,852 | 761 | 565 | 5,49 | 178 | 126 | 1630 | 51 | 904,92 | 2585,49 | 31,03 |
OS | 0,744 | 664 | 493 | 4,79 | 155 | 126 | 1438 | 51 | 801,73 | 2290,67 | 27,49 |
Wiper | 0,744 | 664 | 493 | 4,79 | 155 | 126 | 1438 | 51 | 801,73 | 2290,67 | 27,49 |
Deck Boy | 0,599 | 535 | 398 | 3,86 | 125 | 126 | 1184 | 51 | 664,91 | 1899,74 | 22,80 |
Catering Boy | 0,599 | 535 | 398 | 3,86 | 125 | 126 | 1184 | 51 | 664,91 | 1899,74 | 22,80 |
Differential | Basic Salary (40hrs) | Guaranteed Overtime (103hrs) | Overtime rate | Leave Pay (7 days) | Leave Subsistence ($18) | Net Total | Xx.xx./ Pag-ibig | TAX (35 %) | Gross Total | Xxxx.xx. fee | |
103 | 7 | 126 | 51 | 1,2 % | |||||||
Master | 3,369 | 3049 | 2265 | 21,99 | 711 | 126 | 6151 | 51 | 3339,77 | 9542,21 | 114,51 |
Ch. Eng | 3,062 | 2771 | 2058 | 19,98 | 647 | 126 | 5602 | 51 | 3043,69 | 8696,26 | 104,36 |
Ch. Off | 2,175 | 1968 | 1462 | 14,19 | 459 | 126 | 4015 | 51 | 2189,49 | 6255,69 | 75,07 |
1st Eng | 2,175 | 1968 | 1462 | 14,19 | 459 | 126 | 4015 | 51 | 2189,49 | 6255,69 | 75,07 |
2nd Off | 1,742 | 1577 | 1171 | 11,37 | 368 | 126 | 3242 | 51 | 1773,14 | 5066,10 | 60,79 |
2nd Eng | 1,742 | 1577 | 1171 | 11,37 | 368 | 126 | 3242 | 51 | 1773,14 | 5066,10 | 60,79 |
RO | 1,742 | 1577 | 1171 | 11,37 | 368 | 126 | 3242 | 51 | 1773,14 | 5066,10 | 60,79 |
Elect Eng | 1,742 | 1577 | 1171 | 11,37 | 368 | 126 | 3242 | 51 | 1773,14 | 5066,10 | 60,79 |
Chief Stew | 1,742 | 1577 | 1171 | 11,37 | 368 | 126 | 3242 | 51 | 1773,14 | 5066,10 | 60,79 |
3rd Off | 1,679 | 1519 | 1128 | 10,95 | 354 | 126 | 3127 | 51 | 1711,46 | 4889,90 | 58,68 |
3rd Eng | 1,679 | 1519 | 1128 | 10,95 | 354 | 126 | 3127 | 51 | 1711,46 | 4889,90 | 58,68 |
Electrician | 1,498 | 1356 | 1007 | 9,78 | 316 | 126 | 2805 | 51 | 1538,06 | 4394,46 | 52,73 |
Bosun | 1,117 | 1011 | 751 | 7,29 | 236 | 126 | 2124 | 51 | 1171,10 | 3346,00 | 40,15 |
Xxxxxxxxx | 1,117 | 1011 | 751 | 7,29 | 236 | 126 | 2124 | 51 | 1171,10 | 3346,00 | 40,15 |
Fitter/Repairer | 1,117 | 1011 | 751 | 7,29 | 236 | 126 | 2124 | 51 | 1171,10 | 3346,00 | 40,15 |
Chief Xxxx | 1,117 | 1011 | 751 | 7,29 | 236 | 126 | 2124 | 51 | 1171,10 | 3346,00 | 40,15 |
Donkeyman | 1,117 | 1011 | 751 | 7,29 | 236 | 126 | 2124 | 51 | 1171,10 | 3346,00 | 40,15 |
Pumpman | 1,117 | 1011 | 751 | 7,29 | 236 | 126 | 2124 | 51 | 1171,10 | 3346,00 | 40,15 |
AB | 1 | 905 | 673 | 6,53 | 211 | 126 | 1915 | 51 | 1058,71 | 3024,87 | 36,30 |
Fireman/motorm | 1 | 905 | 673 | 6,53 | 211 | 126 | 1915 | 51 | 1058,71 | 3024,87 | 36,30 |
Oiler/Greaser | 1 | 905 | 673 | 6,53 | 211 | 126 | 1915 | 51 | 1058,71 | 3024,87 | 36,30 |
Steward | 1 | 905 | 673 | 6,53 | 211 | 126 | 1915 | 51 | 1058,71 | 3024,87 | 36,30 |
2nd Cook | 0,852 | 771 | 573 | 5,56 | 180 | 126 | 1650 | 51 | 915,87 | 2616,77 | 31,40 |
Messroom Stewa | 0,852 | 771 | 573 | 5,56 | 180 | 126 | 1650 | 51 | 915,87 | 2616,77 | 31,40 |
OS | 0,744 | 673 | 500 | 4,85 | 157 | 126 | 1456 | 51 | 811,48 | 2318,51 | 27,82 |
Wiper | 0,744 | 673 | 500 | 4,85 | 157 | 126 | 1456 | 51 | 811,48 | 2318,51 | 27,82 |
Deck Boy | 0,599 | 542 | 403 | 3,91 | 126 | 126 | 1197 | 51 | 672,25 | 1920,72 | 23,05 |
Catering Boy | 0,599 | 542 | 403 | 3,91 | 126 | 126 | 1197 | 51 | 672,25 | 1920,72 | 23,05 |
ANNEX 2
HOLIDAYS
For the purpose of the provisions in Article 7 the days listed hereby shall be considered as holidays at sea or in port.
New Years Day (Uudenvuodenpäivä) (1st of January) Twelfth Day (Xxxxxxxxxx) (6th of January)
Good Friday (Pitkäperjantai) (Friday before Easter Sunday)
Easter Sunday (Pääsiäispäivä) (For example 8.4.2012, 31.3.2013, 20.4.2014 and 5.4.2015)
Easter Monday (Toinen pääsiäispäivä) (Monday after Easter Sunday) 1st of May (Vappu)
Ascension Day (Helatorstai) (40th day after Easter Sunday, always Thursday)
Whit Sunday (Helluntai) (10th day after Ascension Day, always Sunday)
Midsummer Day (Juhannuspäivä) (First Saturday after 19th of June)
All Saint Day (Pyhäinpäivä) (Saturday between 31.10. and 6.11., for example 3.11.2012, 2.11.2013, 1.11.2014
and 31.10.2015)
Independence Day (Itsenäisyyspäivä) (6th of December in Finland, 12th of June
in Philippines)
Christmas Day (Joulupäivä) (25th of December)
Boxing Day (Tapaninpäivä) (Day after Christmas Day)
ANNEX 3
SCHEDULE OF CASH BENEFITS
Article 25
Compensation for Loss of Life:
1. to immediate next of kin Year 2024: $ 114,018 Year 2025: $ 116,229
2. to each dependent child under the age of 18 (subject to a maximum of 4) Year 2024 $22,805
Year 2025 $23,262
Article 11 Leave:
Daily allowance whilst on paid leave: US$ 18
Article 17 Crew’s Effects:
Maximum: US$ 3,500, which includes cash up to $350.
Degree of disability
Injuries to Extremities
Hand, Arm, Shoulder
(If a person is left-handed, his/her left hand is assessed as a right hand, and vice versa.)
a. | Fingers | ||
• | Loss of all fingers of one hand | 55 | 50 |
• | Loss of one thumb and metacarpal bones | 30 | 25 |
• | Loss of one thumb | 25 | |
• | Loss of extremity of one thumb | 12 | |
• | Loss of half of extremity one thumb | 8 | |
• | Thumb with stiff extreme joint | 5 | |
• • | Thumb with stiff metacarpophalangeal joint Thumb with stiff extreme and metacarpophalangeal joints | 3 15 | |
• | Loss of forefinger (second finger) | 10 | |
• | Loss of middle and extreme joints of forefinger | 10 | |
• • • | Loss of extreme forefinger Forefinger with stiff metacarpophalangeal joint in outstretched position Forefinger with 90 degrees or more stretch | 5 5 | |
deficiency in middle joint | 5 | ||
• | Loss of middle finger (third finger) | 10 |
Percentage Compensation Right Left
Percentage Compensation Right Left
• Loss of middle and extreme joints of little finger 5
• Loss of extreme joint of little finger 3
• Los of thumb and forefinger
(1st and 2nd fingers) 40 35
• Loss of extreme joints of thumb and forefinger 18
• Loss of thumb, forefinger and middle finger 50 45
• Loss of extreme joints of thumb, forefinger
and middle finger 20
• Loss of thumb, forefinger, middle finger and
ring finger (1st, 2nd,3rd and 4th fingers) 55 50
• Loss of forefinger and middle finger
(2nd and 3rd) 25
• Loss of middle and extreme joints of forefinger
and middle finger 20
• Loss of extreme joint of forefinger and middle
finger 10
• Loss of middle and extreme joints of middle finger 8
• Loss of extreme joint middle finger 5
• Middle finger with stiff metacarpophalangeal
joint in outstretched position 5
• Middle finger with 90 degrees or more stretch
deficiency in middle joint 5
• Loss of ring finger (fourth finger) 8
• Loss of middle and extreme joint of ring finger 5
• Loss of extreme join of ring finger 3
• Ring finger with stiff metacarpophalangeal
joint in outstretched position 5
• Ring finger with 90 degrees or more stretch
deficiency in middle joint 5
• Loss of little finger (fifth finger) 8
• Loss of forefinger, middle finger and ring finger 35 30
• Loss of middle and extreme joints of forefinger,
middle finger and ring finger 25
• Loss of extreme joints of forefinger, middle finger
and ring finder 12
• Loss of forefinger, middle finger, ring finger and
little finger (2nd, 3rd, 4th and 5th) 40 35
• Loss of middle and extreme joints of forefinger,
middle finger, ring finger and little finger 35 30
• Loss of extreme joints of forefinger, middle
finger, ring finger and little finger 15
• Loss of middle finger, ring finger and little finger
(3rd, 4th ja 5th) 30
• Loss of middle finger and extreme joints of middle
finger, ring finger and little finger 20
Percentage Compensation Right Left
e. Shoulder
Percentage Compensation Right Left
Cessation of rotary function of forearm
• All mobility reckoned with “unset” shoulder blade.
Stiffness in shoulder (with arm alongside body) 35
• Elevation up to 90 degrees 15
• Friction and some reduction of mobility 5
• Habitual luxation 10
• Luxatio acromio-clavicularis 5
f. • | Paralysis Total paralysis of plexus brachialis | 70 | 65 |
• | Total paralysis of nervus radialis on then | ||
upper arm | 25 | 20 | |
• • | Total paralysis of nervus ulnaris Total paralysis of nervus medianus, both sensory and motoric injuries | 30 35 | 25 30 |
• | For sensory injuries only | 10 |
a. | Foot | |
• | Loss of foot with good function of prosthesis | 30 |
• | Loss of foot with poor function of prosthesis | 35 |
• | Amputation of tarsus with stump capable of bearing | 15 |
• | Loss of all toes on one foot | 10 |
• | Loss of 1st toe (big toe) and some of its metatarsal bone | 8 |
• | Loss of 1st toe (big toe) | 5 |
• | Loss of extreme joint of big toe | 3 |
• | Big toe with stiffness in metatarsophalangeal joint | 5 |
• • | Loss of one of the other toes Ankle joint stiff at right angle or slight talipes | 3 |
equinus (up to 15 degrees) | 15 | |
• | Ankle joint stiff in pronounced talipes equinus position | 20 |
• | Ankle joint where rotary mobility has ceased | 5 |
• | Fallen arches aggravated by pains | 8 |
• | Traumatic fallen arches | 10 |
b. • | Leg Loss of one leg | 65 |
• | Amputation at the knee or thigh with good function | |
of prosthesis | 50 |
Foot, Leg, Hip
• | Loss of extreme joints of middle finger, ring finger and little finger | 10 | ||
• • | Loss of ring finger and little finger (4th and 5th) Loss of middle and extreme joints of ring | 20 | ||
finger and little finger | 15 | |||
• | Loss of extreme joints of middle finger and ring | |||
finger or of ring finger and little finger | 5 | |||
• | Middle finger and ring finger with 90 degrees or | |||
more stretch deficiency in middle joint | 8 | |||
b. • | Hand, Wrist Loss of hand | 60 | 55 | |
• | Stiffness in good working position | 10 | ||
• | Stiffness in poor working position | 15 | ||
• | Fracture of radial ´bone healed with some dislocation and slight functional disturbances, | |||
possible friction | 5 | |||
• | Consequences of fracture of radial bone: Forefinger to little finger down to 2 cm from | |||
the palm of the hand | 18 | |||
c. | Arm | |||
• | Loss of one arm | 70 | 65 | |
• • | Amputation of upper arm Amputation of forearm with good elbow movement | 65 60 | 60 55 | |
• | Amputation of forearm with poor elbow movement | 65 | 60 | |
• | Unhealed rupture of biceps | 5 | ||
• | Axillary thrombosis | 5 | ||
d. | Elbow | |||
• | Stiffness in outstretched position | 45 | 40 | |
• | Stiffness in good working position | 25 | 20 | |
• • | Stiffness in poor working position (“upright position”) | 30 20 | 25 15 | |
• | Elbow bending reduced to 90 degrees | |||
• | or less Stretch deficiency of up to 40 degrees | 15 | 3 | 12 |
• | Stretch deficiency 40-90 degrees | 5 |
• | Scalping | 5 |
• | One-sided paralysis of the facialis nerve | 10 |
• | Two-sided paralysis of the facialis nerves | 15 |
• • | Loss of sense of smell One-sided paralysis of vocal chords with considerable speech difficulties | 10 10 |
• | Paralysis of sensory (trigeminal) nerve to the face | 5 |
B. | The Brain | |
a. | Demens | |
• | Mild demens | 15 |
• | Mild-medium severe demens | 25 |
• | Medium severe demens | 40 |
• | Severe demens | 65 |
• b. | Total demens Postcommotional Syndrome | 100 |
• | Amputation at the knee or thigh with poor | |
• | function of prosthesis Loss of crus (shank) with good function | 55 |
of prosthesis | 30 | |
• | Loss of crus with poor function of prosthesis | 35 |
• | Shortening by less than 3 cm | 3 |
• | Shortening of at least 3 cm | 10 |
• | Thigh shrinkage of at least 3 cm (Is not, however, added to the compensation for | |
shortening or reduction of mobility) | 8 | |
• | Postthrombotic syndrome in one leg | 5 |
• | Essential deterioration of varicose veins or leg sores | 8 |
• | Knee stiff in good position | 25 |
• | Knee with stretch deficiency of up to 5 degrees | 3 |
• | Knee with bending capacity reduced to 90 degrees or less | 10 |
• • | Knee with hampering looseness Knee with strong friction during movements, with | 10 |
muscle wastage exceeding 2 cm as measured 10 cm | ||
above the patella and reduction of mobility Knee with somewhat regular and hampering | 8 | |
• | ||
incarcerations | 5 | |
• | Habitual luxation of kneecap | 5 |
• | Loss of kneecap | 5 |
• | Well functioning totally artificial kneecap | 15 |
c. | Hip | |
• | Hip with stiffness in favorable position | 30 |
• | Hip with severe insufficiency of hip function | 50 |
• | Well functioning totally artificial hip joint | 10 |
d. | Paralysis | |
• | Total paralysis of nervus fibularis | 10 |
• | Total paralysis of nervus femoralis | 20 |
• | Ischiadiscusparesis – with good mobility | 10 |
• | Ischiadiscusparesis – with poor mobility | 30 |
The Head
Reduction of visual power of one or both eyes is assessed in accordance with the following decimal table or fraction table:
C. | The Eye | |
• | Loss of one eye | 20 |
• | Loss of both eyes | 100 |
• | Loss of sight on one eye | 20 |
• • | Loss of sight of both eyes Loss of sight of one eye with complications | 100 |
• | (e.g. glaucoma and/or contracted eye) Loss of sight of one eye with possibility of | 25 |
improvement via operation (reserve eye) | 18 | |
• | Double vision | 10 |
• • | Double vision in outermost position Loss of binocular vision (e.g. aphakia with | 3 |
visual power of at least 6/60) | 15 |
Desimal table
S | 0,6 | 0,5 | 0,4 | 0,3 | 0,2 | 0,1 | 0 |
0,6 | 0 | 0 | 5 | 10 | 10 | 15 | 20 |
0,5 | 0 | 5 | 5 | 10 | 10 | 15 | 20 |
0,4 | 5 | 5 | 10 | 15 | 15 | 20 | 30 |
0,3 | 10 | 10 | 15 | 25 | 35 | 45 | 55 |
0,2 | 10 | 10 | 15 | 35 | 45 | 60 | 70 |
0,1 | 15 | 15 | 20 | 45 | 60 | 75 | 85 |
0 | 20 | 20 | 30 | 55 | 70 | 85 | 100 |
A. | The Face | |
• | Loss of all teeth (double dentures) | 5 |
• | Loss of outer ear | 5 |
• Aphakia with good contact glass function 8
• Total one-sided ptosis 18
• Flood of tears 3
• Hemianopsia 40
• Rightsided hemianopsia as a result of brain injury 50
Fraction Table
S | 6/6 | 6/12 | 6/18 | 6/24 | 6/36 | 6/60 | 2/60 | 0 |
6/6 | 0 | 0 | 5 | 8 | 10 | 12 | 15 | 20 |
6/12 | 0 | 5 | 10 | 10 | 12 | 15 | 18 | 20 |
6/18 | 5 | 10 | 20 | 30 | 35 | 40 | 45 | 50 |
6/24 | 8 | 10 | 30 | 35 | 45 | 50 | 55 | 60 |
6/36 | 10 | 12 | 35 | 45 | 55 | 65 | 70 | 75 |
6/60 | 12 | 15 | 40 | 50 | 65 | 75 | 80 | 85 |
2/60 | 15 | 18 | 45 | 55 | 70 | 80 | 95 | 10 |
0 | 20 | 20 | 50 | 60 | 75 | 85 | 100 | 100 |
Visual power is assessed with the best available glasses.
D. | Ears | |
• | Loss of outer ear, see under II.A. - The Face | |
• | Total loss of hearing in one ear | 10 |
• | Total loss of hearing in both ears | 75 |
Loss of hearing based on speech audiometry: assessed or calculated binaural loss of hearing in dB with well adjusted hearing aid.
Degree of Loss of Hearing | HH:0 | HH:1 | HH:2 | HH:3 | HH:4 | HH:5 |
CH:0 | 0 | 5 | - | - | - | - |
CH:1 | - | 8 | 15 | 30 | - | - |
CH:2 | - | 12 | 20 | 35 | 50 | - |
CH:3 | - | - | 30 | 40 | 55 | 65 |
CH:4 | - | - | - | 50 | 60 | 70 |
CH:5 | - | - | - | - | 65 | 75 |
HH = Hearing handicap | ||
CH = Communication handicap: | 0 | no handicap |
1 | slight handicap | |
2 | mild to medium handicap | |
3 | considerable handicap | |
4 | severe handicap | |
5 | total handicap | |
Normally no compensation in paid solely in respect of use of a hearing aid.
• Hampering tinnitus and distortion of hearing 3
Neck and Back
A. Vertebral Column
Fracture of body of the vertebra without discharge of medulla spinalis or nerves:
Minor Fracture
• With minor reduction of mobility 5
Medium severe fracture
• Without reduction of mobility 8
• With reduction of mobility 12
Very severe fracture or several medium severe fractures, possibly with formation of gibbus (hump)
• Slight to some reduction of mobility 15
• Very severe reduction of mobility 20
• If support (neck collar or support corset) is used 5
• Pain - local or transmitted to extremities 2
Fracture with Discharge of Medulla Spinalis or Nerves
Assessed in accordance with the above rules with a supplementary degree for the discharge of nerves assessed in accordance with the rules specifies in the table.
B. C. | Consequences of Slipped Disc Other Back Injuries | 12 |
a. | Cervical Column | |
• | Some reduction of mobility and/or local pains | 8 |
• | If a supportive device (neck collar) is used | 12 |
• | Radiating pains - root irritating | 12 |
b. | Other Parts of the Vertebral Column | |
• | Back pains without reduction of mobility | 5 |
• | It a supportive device (corset) is used | 8 |
• | Back pains with some reduction of mobility | 12 |
• | Back pains with considerable reduction of mobility | 25 |
D. | Injuries to the Medulla Spinalis | |
• | Mild but lasting consequences - without bladder (possibly defecation) symptoms (objectively deter- | |
minable neurological symptoms on a modest scale) Mild but lasting consequences - with bladder (possibly defecation) symptoms (objectively deter- | 20 | |
• | ||
• • • | minable neurological symptoms on a modest scale) Other lasting consequences without bladder symptoms as defined above Other lasting consequences with bladder symptoms as defined above Incontinence – please see Section V. | 25 30 35 |
Heart and Lungs
Heart and lung ailments are assessed with regard to the limiting of the functional capacity caused by the ailment, applying the following division into function groups:
1. No limitation of physical activity 3
2. Minor limitation of physical activity. Symptoms
appear only during strenuous activity 20
3. Considerable limitation of physical activity.
Symptoms also appear during low levels of activity 45
4. Any form of physical activity produces symptoms,
which can also be present during periods of rest 70
Steps are taken to support the division into functions by means of objective measurements for lung function, such as the forced exhalation volume in the first second, FEV 1.0.
Assuming that the case is one of permanent reduction of FEV 1.0. FEV 1.0 of over 2 litres corresponds roughly to function group 1, FEV 1.0 of 1.5-2 litres corresponds roughly to function group 2,
FEV 1.0 of about 1 litre corresponds roughly to function groups 3, and FEV 1.0 of about 0,5 litre corresponds roughly to function group 4
Abdominal Cavity and Pelvis
• Loss of spleen 5
• Loss of one kidney 10
• Well functioning transplanted kidney 25
• Anus preaternaturalis 10
• Minor incontinence (i.e. imperious urination,
possibly defecation) 10
• Expulsive incontinence 25
• Abdominal hernia, inoperable 20
• Loss of both testicles 10
• Loss of both ovaries before menopause 10
• Loss of both ovaries after menopause 3
• Loss of one or both epididymides 3
• Urethra stricture, if a bougie must be used 15
• Impotence Not covered
SEAFARER`S EMPLOYMENT AGREEMENT (model)
ANNEX 5
Seafarer | 1 Surname | 2 Given names | 3 Male Female | ||||
4 Date of Birth/Social security no. | 5 Place of Birth | 6 Nationality | |||||
7 Passport number | 8 Validity of passport | 9 Xxxxxx´s book | 10 Medical certificate issued | ||||
11 Certificate of Competency | 12 Dispensations and restrictions | ||||||
13 Full home address and phone number | |||||||
14 Next of kin and his/her contact details (incl. phone number) | |||||||
Employer | 15 Name, address and contact details of employer (incl. phone number) | ||||||
16 Xxxxxx´s name | 17 Callsign / IMO number | 18 GT | 19 kW | 20 Port of registry | |||
21 Flag | |||||||
Terms of the contract | 22 Position onboard | 23 Date of employment | |||||
24 Type of contract | 25 Duration of contract | 26 Trial period | |||||
Permanent | Temporary (reason p.29) | ||||||
27 Working hours | 28 Annual leave | 29 Health and social security protection | |||||
30 Remuneration and pay period | 31 Pay-day and manner of payment | 32 Collective Agreement | |||||
33 Additional terms and conditions, reason for temporary contract, reason for lay-offs, appendices, etc. | |||||||
Signatures/ On signing | 34 Place and date | ||||||
35 Signature of master or employer | |||||||
36 Signature of employee | |||||||
Termination of agreement prematurely | 37 Date of notice or termination | 38 Cause for giving notice or cause of termination without notice | |||||
39 Signature of master or employer | 40 Signature of employee | ||||||
Repartriation | 41 Place and date | 42 Free transport to the emplyee´s home country requested | |||||
43 Signature of master or employer | 44 Signature of employee | ||||||
Continuation of agreement | 45 Contract continued until | 46 Signature of master or employer | 47 Signature of employee | ||||
4 copies: Employer (2 copies), Master (1 copy), Employee (1 copy)
ANNEX 6
Non-Seafarers Work (Article 3) – Implementation
The parties fully subscribe to the intent and the principles of Article 3 of this CBA. However, they also acknowledge that, depending on the location of the port and the type of the vessel, a full implementation of the provisions contained, specifically, in the text of Articles 3.1 and 3.2 may imply prior contact between the Company and various third parties, such as Charterers.
Therefore, where such communication between the Company and respective third parties is necessary, the parties agree that the full implementation of the provisions of Articles 3.1 and 3.2 shall be deferred for a transitional period to be identified in each specific case between the parties of the CBA.
Such deferment shall not be longer than 1st January 2020 for container vessels operating in the following areas; Baltic Sea, Canada, North Europe and West Europe excluding Mediterranean Sea (European sub-regions as defined by the European Union).
During any deferment of Articles 3.1 and 3.2 as identified above the following provisions shall apply:
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 dock workers’ 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.
The provisions of Article 3.3 shall apply with immediate effect as written in this CBA.