### NN 20/2020 (21.2.2020.), Collective Bargaining Agreement for non-EU seafarers serving on board of Croatia flag vessels in the international shipping trade (2020)

KOLEKTIVNI UGOVORI

502

COLLECTIVE BARGAINING AGREEMENT

FOR NON-EU SEAFARERS SERVING ON BOARD OF CROATIA FLAG VESSELS IN THE INTERNATIONAL SHIPPING TRADE (2020)

This Collective Bargaining Agreement, hereinafter referred to as «Agreement» is made on 3rd February 2020 and is effective from 3rd February 2020 until 31st December 2020 between

CROATIAN SHIPOWNERS’ ASSOCIATION – MARE NOSTRUM, whose address is Avenue V. Holjevca 20, 10200 Zagreb, Croatia, hereinafter referred to as «the Mare Nostrum»

and

SEAFARERS’ UNION OF CROATIA, whose address is Fiorello la Guardia 13, 51000 Rijeka, Croatia hereinafter referred to as «the SUC», a member of the INTERNATIONAL TRANSPORT WORKERS’ FEDERATION hereinafter referred to as «the ITF».

Definitions
 §1

1.1 For the purpose of this Agreement the following terms shall denote:

a) «Member» means any Croatian shipping company member of the Mare Nostrum which has signed this Agreement applicable to non-EU seafarers’ crew members serving on board a ship listed in the Special Annex of this Agreement;

b) «Company» means the owner or operator of the ship or another natural person or legal entity such as the manager, agent or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on ship-owners in accordance with the MLC, regardless of whether any other organization or person fulfils certain duties or responsibilities on behalf of the ship-owner;

c) «Employer» means the party having entered employment agreement with a non-EU seafarer;

d) «Non-EU seafarer» means any person who is employed or engaged or works in any capacity to whom this Agreement applies and a person who is not resident of the Croatia or the European Union (EU)/European Economic Area (EEA);

e) «MLC» means Maritime Labour Convention adopted by the General Conference of the International Labour Organization on 23 February 2006, as amended 2014 and 2016;

f) Special Annex means the addendum to this Agreement signed between each Member and SUC regarding the List of vessels and Manning;

1.2 The terms used in singular shall be interpreted in plural and vice versa, in compliance with the requirements of the context.

1.3 Words in the masculine gender shall include the feminine and vice versa.

Application
 §2

2.1 The Mare Nostrum and SUC have concluded this Agreement in good faith in order to promote and maintain social dialogue and harmonious relations between Members/Employers and the SUC based on mutual respect for both interests. The Mare Nostrum and SUC have agreed to conclude this Agreement considering the lack of available number of qualified Croatian and EU seafarers, in particular Ratings.

2.2 Application of this Agreement, including wage scale as mentioned in Annex 1 of the Agreement is only permitted, if the following conditions are met:

a) The Company is a Member of Mare Nostrum; and

b) The Croatian flag vessel which will be manned with non-EU seafarers is registered in accordance with Croatian Maritime Act, Article 97; and

c) Employment of the non-EU seafarers will be governed in accordance with applicable provisions of Croatian Laws; and

d) The Mare Nostrum and SUC have agreed that during the validity of this Agreement employment applies only to non-EU seafarers / Ratings;

2.3 This Agreement requires the Croatian shipping companies’ members of the Mare Nostrum that employ the non-EU seafarers serving on any Croatia flag vessels in the international shipping trade on the terms and conditions laid down in this Agreement of which there is in existence a Special Agreement made between ITF and Company.

2.4 This Agreement is deemed to be incorporated into and to contain the terms and conditions of the contract of employment of any non-EU seafarer to whom this Agreement applies. The incorporation of this Agreement into each non-EU seafarer’s individual contract of employment shall be made explicit. A model of an individual employment contract is appended in Annex 7.

2.5 The Special Agreement requires the Company (inter alia) to employ the non-EU seafarers on the terms and conditions of an ITF approved Agreement, and to enter into individual contracts of employment with any non-EU seafarer to whom this Agreement applies, incorporating the terms and conditions of an ITF approved Agreement. The Company undertakes that it will comply with all the terms and conditions of this Agreement. The Company shall further ensure that signed copies of the Agreement and of the ITF Special Agreement are available on board in English.

2.6 The words «non-EU seafarer», «ship», Special Agreement’, «SUC», «ITF» and «Company» when used in this Agreement shall have the same meaning as in the Special Agreement.

2.7 Each non-EU seafarer, in accordance with 2.1 above, shall be covered by the Agreement with effect 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 this Agreement, the Company is liable for the payment of wages, whether or not any employment contract is executed between the non-EU seafarer and the Company and whether or not the Ship’s Articles are endorsed or amended to include the rates of pay specified in this Agreement.

Pre-Employment / Employment
 §3

3.1 Each non-EU 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.

3.2 Non-EU seafarers who have entered employment contract for undetermined period of time shall be required to take care of the validity of their certificates of competence, certificates of additional competence and any other documents in compliance with the applicable Croatian Rules on Seafarers’ Qualifications and Certificates. Non-EU seafarers who have entered employment contract for a specified period of time shall be required to have their certificates and any other documents renewed within 30 days from the day of their latest signing off, except in case they are prevented by objective reasons or have obtained their Company agreement. Where a non-EU seafarer has failed to meet the requirement and has consequently caused a cost for the Company, such cost shall be refunded by the non-EU seafarer.

3.3 The Company shall be entitled to require that any non-EU seafarer shall have an additional employment medical examination, at Company expense, by a Company-nominated doctor and that the non-EU seafarer answer faithfully any questionnaire on their state of health, which may be required. Failure to do so may affect the non-EU seafarer’s entitlement to compensation as per Articles 22, 23, 24, 25 and 26. The non-EU 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 non-EU seafarers who were previously employed by the Company, signed-off due to medical reasons pursuant to Article 19.1 (b) and maybe willing to be re-employed upon recovery. Any such recovered non-EU seafarers shall be treated equally to the other candidates undergoing medical examination.

3.4 As far as practicable, Companies who are direct employers or who use non-EU seafarers recruitment and placement services shall ensure, that the standards laid down in the MLC are met including the requirement that no fees or visa costs are borne directly or indirectly, in whole or in part, by the non-EU seafarers for finding employment, the right for non-EU 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 non-EU seafarers from gaining employment for which they are qualified.

3.5 Each non-EU seafarer shall sign an MLC compliant seafarer’s employment contract.

3.6 Documentation as required by the Croatian State Authorities shall be at Company expense.

3.7 Non-EU seafarers’ employment contract shall be available for inspection by Croatian Maritime Public Authorities and by representatives of the SUC and the ITF at the ship’s ports of call.

Non-Seafarers’ Work
 §4

4.1 Neither non-EU 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 non-EU seafarers volunteer to carry out such duties; and those non-EU seafarers are qualified and adequately compensated 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.

4.2 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 non-EU seafarer who respects such dockworkers’ trade dispute and any such lawful act by the non-EU seafarer shall not be treated as any breach of the non-EU seafarer’s contract of employment, provided that this act is lawful within the country it is taken.

4.3 For crewmember’s compensation for such work performed during the normal working week, as specified in Article 6, 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 overtime rate.

4.4 In implementing the provisions of Articles 4.1 and 4.2 above, specific conditions may apply as identified in Annex 6 to this Agreement.

Duration of Employment
 §5

5.1 A non-EU seafarer shall be engaged up to 9 (nine) months out of any 12 months’ period, depending on operational requirements, trading routes and type of the ship. Such period may be extended or reduced by 1 (one) month for operational convenience. The employment shall be automatically terminated upon the terms of this Agreement at the first arrival of the ship in port after expiration of that period, unless the Company operates a permanent employment system.

Hours of Duty
 §6

6.1 The normal hours of duty shall be 8 (eight) hours per day from Monday to Friday both inclusive, which makes the total of 40 hours per week or 173 hours monthly on the average. In the case of day work non-EU seafarers, the 8 (eight) hours shall be worked between 6.00 and 18.00, Monday to Friday inclusive.

Overtime
 §7

7.1 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 category concerned and the weekly working hours (Annex 1).

7.2 At least 103 (one hundred and three) hours guaranteed overtime shall be paid monthly to each non-EU seafarer.

7.3 Overtime shall be recorded individually and in duplicate either by the Master or the Head of the Department.

7.4 Such record, endorsed by the Master or a person authorised by the Master, shall be accessible to the non-EU seafarer. Every month the non-EU seafarer shall be offered to endorse the record. After the record is endorsed, it is final. On completion of his/her contract, one copy shall be provided to the non-EU seafarer, if such information is not already contained within the non-EU seafarer’s pay documents. A non-EU seafarer may request a printed copy of his/her overtime records at any time during his/her contract term.

7.5 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.

Public Holidays
 §8

8.1 For the purpose of this Agreement the days listed in Annex 2 shall be considered as public holidays at sea or in port. If a public holiday falls on a Saturday or a Sunday, the following working day shall be observed as a public holiday. Compensation for work on public holidays shall be paid at the rate specified in Annex 1, which shall not fall below the overtime rate.

Rest Periods
 §9

9.1 Each non-EU seafarer shall have a minimum of 10 (ten) hours rest in any 24 hours’ period and 77 hours in any seven-day period.

9.2 This period of 24 hours shall begin at the time a non-EU seafarer starts work immediately after having had a period of at least 6 (six) consecutive hours off duty.

9.3 The hours of rest may be divided into no more than 2 (two) periods, one of which shall be at least 6 (six) hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.

9.4 The Company shall post in an accessible place on board a table detailing the schedule of service at sea and in port and the minimum hours of rest for each position on board in the language of the ship and in English.

9.5 Nothing in this Article shall be deemed to impair the right of the Master of a ship to require a non-EU seafarer to perform any hours of work necessary for the immediate safety of the ship, persons 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 non-EU 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 restored, the Master shall ensure that any non-EU seafarers who have performed the work in a scheduled rest period are provided with an adequate period of rest. In addition, the International Convention on Standards of Training, Certification and Watch Keeping for non-EU seafarers (STCW) requirements covering overriding operational conditions shall apply, including those of STCW A-VIII/1, Article 9.

9.6 A short break of 30 minutes or less will not be considered as a period of rest.

9.7 Emergency drills and drills prescribed by national laws and regulations and by international instruments shall be conducted in accordance with Master’s orders and in a manner that minimises the disturbance of rest periods and does not induce fatigue.

9.8 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 conducted in a manner that minimises the disturbance of rest periods and does not induce fatigue and an adequate compensatory rest period shall be given if the normal period of rest is disturbed by call-outs.

9.9 Records of non-EU seafarers’ daily hours of rest shall be maintained to allow for monitoring of compliance with this Article.

Wages
 §10

10.1 The wages of each non-EU seafarer shall be calculated in accordance with this Agreement 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 this Agreement and/or other deductions as authorised by the non-EU seafarer. The wage scale in Annex 1 shall be deemed as a minimum requirement. Where a higher entitlement than in the wage scale may be agreed for the non-EU seafarer, such higher entitlement shall be guaranteed and may not be decreased for the duration of the tour of duty.

10.2 The non-EU seafarer shall be entitled to payment of their net wages, after deductions, in US dollars at the end of each calendar month together with an account of their wages. Upon remittance of non-EU seafarers pay in his designated bank account, the payer’s banking fee shall be borne by the Employer, while the payee’s fee, if any, shall be borne by the non-EU seafarer.

10.3 Any wages not drawn by the non-EU seafarer shall accumulate for their account and may be drawn as an onboard a cash payment once a month. Such a cash payment shall not exceed 30% of their basic salary.

10.4 For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.

10.5 A non-EU seafarer who is 21 or over and is not a trainee shall be paid at least the equivalent rate of a non-EU rating – Ordinary Seaman.

Allotments
 §11

11.1 Each non-EU seafarer to whom this Agreement applies shall be allowed an allotment note, payable at monthly intervals, of up to 80% of basic wages after allowing for any deductions as specified in Article 10, in line with the provisions of ILO MLC Standard A2.2, paragraph 5.

Leave
 §12

12.1 Each non-EU seafarer shall, on the termination of employment for whatever reason, be entitled to payment of 6 days’ leave for each completed month of service and for a shorter period of 15 days or less, the non-EU seafarer shall be entitled to 3 days’ paid leave. For the interrupted periods of more than 15 days but less than 30 days, the non-EU seafarer shall be granted 6 days’ paid leave.

12.2 Payment for leave shall be at the rate of pay as in Annex 1 applicable at the time of termination.

12.3 The following should not be counted as part of annual leave with pay:

a) Public holidays, whether or not they fall during the annual leave with pay;

b) Periods of incapacity for work resulting from illness or injury or from maternity; and

c) Temporary shore leave granted to a seafarer while under an employment agreement;

12.4 The leave may be taken during the period of employment, only provided that the non-EU seafarer so desires and that the operation of the ship is not unreasonably affected. For any leave entitlement remaining at the time his employment is terminated, the non-EU seafarer shall be compensated for in cash at the daily rate specified in the Annex 1.

Subsistence Allowance
 §13

13.1 When food and/or accommodation is not provided on board the Company shall be responsible for providing food and/or accommodation of suitable quality.

Watch-keeping
 §14

14.1 Watch-keeping at sea and anchorage, when deemed necessary, in port, shall be organised where possible on a three-watch basis.

14.2 It shall be at the discretion of the Master which non-EU seafarers are put into watches and which, if any, on day work.

14.3 While watch-keeping 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 international rules and regulations, and also whenever deemed necessary by the Master or officer of the navigational watch.

14.4 The Master and Chief Engineer shall not normally be required to stand watches. In the case of Chief Engineer this does not apply to UMS type of watch.

Manning
 §15

15.1 The Ship shall be competently and adequately manned so as to ensure its safe operation and the maintenance of a three-watch system whenever required and in no case manned at a lower level than standard laid down in the ITF Policy on Manning of Ships in accordance with Croatian Maritime Act and Regulation on the minimum number of crew members for safe navigation that must have seagoing ships, as amended and other relevant and applicable international laws, rules and regulations (Annex 4).

15.2 Pursuant to paragraph 15.1 hereof and to objective circumstances, the Company and the SUC should agree upon the final structure and number of the crew, which contains number and their positions of the non-EU seafarers / Ratings, which shall be laid down in Special Annex and in compliance with the MLC Regulation 2.7 – Manning Levels and manning requirements laid down in the Minimum Safe Manning Certificate as approved by the Croatian Ministry of the Maritime Affairs, Transport and Infrastructure and issued by the Harbour Masters Office in port of ship registry.

15.3 The agreed manning shall not include any temporary or riding squad workers. However, in certain circumstances, the Company and the SUC can agree that for a limited period temporary riding squads may be used on board subject to the following principles:

a) Persons engaged for security purposes should not undertake other non-EU seafarers’ duties;

b) Only specific tasks authorized by the Master can be carried out by the riding squads;

c) Croatian Register of Shipping (CRS) and/or other classification societies are to be informed of any survey or structural work carried out in compliance with the applicable IACS Resolution on Voyage Repairs and Maintenance UR Z13;

d) All riding squads must be covered by an Agreement in line with ILO conventions and recommendations; and

e) Riding squads should not be used to replace current crew or be used to undermine this Agreement.

Shorthand Manning
 §16

16.1 Where the complement falls short of the agreed manning, for whatever reasons, the basic wages of the shortage category shall be paid to the to the members of the crew who have performed the job of the missing category. Every effort shall be made to make good the shortage before the ship leaves the next port of call.

16.2 This provision shall not affect any overtime paid in accordance with Article 7 of this Agreement.

Service in Warlike Operations Areas/High Risk Areas
 §17

17.1 A warlike operations area or high-risk zone are:

a) Areas excluded from the regular war risk insurance upon announcement by the Joint War Committee (JWC),

b) Areas subject to the additional war risk premium of no less than 0.25%.

17.2 Mare Nostrum and SUC shall exchange on a quarterly basis and upon announcement by the JWC any official information available in respect of any war /warlike operations and high-risk areas and shall establish them for the purpose of this Agreement.

17.3 At the time of the assignment the Company shall inform the non-EU seafarers if the vessel is bound to or may enter any Warlike Operations Area. If this information becomes known during the period of the non-EU seafarers’ employment on the vessel the Company shall advise the non-EU seafarers immediately.

17.4 If the vessel enters a Warlike Operations Area:

a) The non-EU seafarer shall have the right not to proceed to such area. In this event the non-EU seafarer shall be repatriated at Company’s cost with benefits accrued until the date of return to his/her home or the port of engagement;

b) The non-EU seafarer shall be entitled to a double compensation for disability and death caused by navigation in a Warlike Operation and/or High-Risk Area, unless the disability or death was a direct consequence of an illness not related with any war or warlike operations event;

c) The non-EU seafarer shall also be paid a bonus equal to 100% of the daily basic wage for the durations of the ship’s stay in a Warlike Operations Area;

17.5 In case a non-EU 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 Mare Nostrum and SUC designated areas referred to in this Article, the non-EU seafarer’s employment status and entitlements under this Agreement shall continue until the non-EU seafarer’s release and thereafter until the non-EU 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 particular, include the payment of full wages and other contractual benefits. The Company shall also make every effort to provide captured non-EU seafarers, with extra protection, food, welfare, medical and other assistance as necessary.

Crew’s Effects
 §18

18.1 When any non-EU 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, collision, or an act of piracy or armed robbery against ships / hostage taking, excluding any loss or damage caused by the non-EU 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.

18.2 The non-EU seafarer shall certify that any information provided with regard to lost property is true to the best of their knowledge.

18.3 A non-EU seafarer’s personal effects are those used by them during the time on board and during their travelling from their place of residence to the ship and vice versa.

18.4 The Company shall take measures for safeguarding property left on board by sick, injured or deceased non-EU seafarers and for returning it to them or to their next of kin.

Termination of Employment
 §19

19.1 The employment shall be terminated:

a) Upon the expiry of the agreed period of service identified in Article 3;

b) When signing off owing to sickness or injury, after medical examination in accordance with Article 23;

19.2 The Company may terminate the employment of a Non-EU seafarer:

a) By giving one month’s written notice to the non-EU seafarer;

b) If the non-EU seafarer has been found to be in serious default of his employment obligations in accordance with Article 21;

c) 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;

d) Due to the non-EU seafarer inability to perform the works and duties entrusted to them competently and properly. The evaluation of such inability supported by a due explanation shall be made in writing by the ship’s Master and submitted to the employer and to the non-EU seafarer together with the written notice. Instead of terminating the non-EU seafarer’s employment agreement, the employer may offer the non-EU seafarer via the ship Master other works and duties they are capable to successfully and competently perform in employer’s option. In the non-EU seafarer accepts such an offer, a new employment agreement shall be entered into with the non-EU seafarer.

19.3 A non-EU seafarer to whom this Agreement applies 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 non-EU seafarer as the next of kin), parent or dependent child has fallen dangerously ill or dies;

c) If the ship is about to sail into a Warlike Operations Area or High-Risk Area, in accordance with Article 17 of this Agreement;

d) If the non-EU 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 Watch-keeping Convention (STCW) 1995, 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 provisions 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;

g) If after any agreed grievance procedure has been invoked, the Company has not complied with the terms of this Agreement;

19.4 A non-EU seafarer shall be entitled to receive compensation of two basic monthly salaries on termination of his/her employment in accordance with 19.2(a) and (c), 19.3(c), (d), (e), (f) and (g) above and Article 24.1.

19.5 It shall not be grounds for termination if, during the period of the agreement, the Company transfers the non-EU 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.

Repatriation/Embarkation
 §20

20.1 Repatriation shall take place in such a manner that it takes into account the needs and reasonable requirements for comfort of the non-EU seafarer.

20.2 During repatriation for normal reasons, the Company shall be liable for the following costs until the non-EU 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 non-EU seafarer at their place of original engagement or home;

b) The cost of accommodation and reasonable travelling allowance for food as in Annex 3;

c) Reasonable personal travel and subsistence costs during the travel period;

d) Transportation of the non-EU seafarer’s personal effects up to the amount allowed free of charge by the relevant carrier agreed with the Company.

20.3 A non-EU seafarer shall be entitled to repatriation at the Company’s expense on termination of employment as per Article 19 except where such termination arises under Article 19.2(b) and in the event of non-EU seafarers serious breach of work duties, i.e. where the non-EU-seafarer has been found to have committed serious breach of any of the responsibilities from the employment contract (lower degree offences) three times or more and where an early termination of the employment contract is requested by the non-EU seafarer himself, the Employer shall be required to repatriate the non-EU seafarer on his own expense and shall have the option to recover the cost of repatriation together with any other costs incurred from the seafarer’s unpaid balance of wages.

20.4 The provisions of Articles 20.1, 20.2 and 20.3 shall also apply to non-EU seafarers travelling to join the vessel.

Misconduct
 §21

21.1 A Company may terminate the employment of a non-EU seafarer following a serious default of the non-EU seafarers employment obligations which gives rise to a lawful entitlement to dismissal, provided that the Company shall, where possible, prior to dismissal, give written notice to the non-EU seafarer specifying the serious default which has been the cause of the dismissal.

21.2 In case of non-EU seafarers serious breach of work duties. For the purpose of this Agreement, serious breach of work duties shall include particularly: leaving the ship without permit, smuggling, unlawful possession of alcohol, weapons, drugs and articles known as prohibited, not honouring the Employers’ ISM Code and/or policy on drug and alcohol abuse, and the policy on safety and quality, non – performance or poor performance of work, bad behaviour toward the other crew members on board, participation in physical assault with another crew member whether on board ship or off working hours or with a third person on board ship, stealing etc. Serious breach of work duties shall also mean three or more consecutive lower degree offences of work duties committed by a non-EU seafarer despite Employer’s or Master’s written warnings. Employer shall, either directly or through the ship’s Master, give the non-EU seafarer a written notice of termination of the employment contract for serious breach of work duties. If no written notice of termination is given to the non-EU seafarer, except in case that the non-EU seafarer prevents such delivery or refuses to sign the receipt, such termination of the non-EU seafarers employment contract shall be considered null and void and the non-EU seafarer shall be entitled to compensation for the damage incurred by early signing off.

21.3 In the event of the dismissal of a non-EU seafarer in accordance with this clause, the Company shall be entitled to recover from that non-EU seafarer’s balance of wages the costs involved with repatriating the non-EU seafarer together with such costs incurred by the Company as are directly attributable to the non-EU seafarers proven misconduct. Such costs do not, however, include the costs of providing a replacement for the dismissed non-EU seafarer.

21.4 For the purpose of this Agreement, refusal by any non-EU seafarer to obey an order to sail the ship shall not amount to a breach of the non-EU seafarer’s employment obligations where:

a) The ship is unseaworthy or otherwise substandard as defined in Article 19.3 (e);

b) For any reason it would be unlawful for the ship to sail;

c) The non-EU seafarer has a genuine grievance against the Company in relation to the implementation of this Agreement and has complied in full with the terms of the Company’s grievance procedure; or

d) The non-EU seafarer refuses to sail into a Warlike Operations Area or a High-Risk Area as identified in Article 17.

21.5 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 non-EU seafarers’ complaints or grievances. Such procedures shall be available and equally apply to all crewmembers including Masters. It shall allow non-EU seafarers to be accompanied or represented during the procedure and provide safeguards against victimization for raising complaints that are not manifestly vexatious or malicious.

Medical Attention
 §22

22.1 A non-EU seafarer shall be entitled to immediate medical attention when required and to dental treatment of acute pain and emergencies, at the Company’s expense.

22.2 A non-EU seafarer who is hospitalised abroad owing to illness 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 non-EU seafarer is repatriated pursuant to Article 20, whichever is the earlier.

22.3 A non-EU seafarer repatriated unfit as a result of illness or injury, shall be entitled to medical attention (including hospitalisation) at the Company’s expense:

a) In the case of illness, for up to 120 days after repatriation, subject to the submission 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 25.2 concerning permanent disability;

c) In those cases where, following repatriation, non-EU seafarers have to meet their own medical care costs, in line with Article 22.3 (a), they may submit claims for reimbursement within 6 months, unless there are exceptional circumstances, in which case the period may be extended;

22.4 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 appointed by or on behalf of the non-EU seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the SUC and the decision of this doctor shall be final and binding on both parties.

Sick Pay
 §23

23.1 When a non-EU seafarer is landed at any port because of sickness or injury a pro rata payment of their basic wages shall continue until they have been repatriated at the Company’s expense as specified in Article 20.

23.2 Thereafter the non-EU seafarer shall be entitled to sick pay at the rate equivalent to their basic wage while they remain sick up to a maximum of 120 days after repatriation. The provision of sick pay following repatriation shall be subject to submission of a valid medical certificate, without undue delay.

23.3 However, in the event of incapacity due to an accident the basic wages shall be paid until the injured non-EU seafarer has been cured or until a medical determination is made in accordance with Article 25.2 concerning permanent disability.

23.4 Proof of continued entitlement to sick pay shall be by submission of satisfactory medical reports, endorsed, where necessary, by a Company appointed doctor. If a doctor appointed by or on behalf of the non-EU seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and the non-EU seafarer and the decision of this doctor shall be final and binding on both parties.

Maternity
 §24

24.1 In the event that a crew member becomes pregnant during the period of employment:

a) The non-EU seafarer shall advise the Master as soon as the pregnancy is confirmed;

b) The Company will repatriate the non-EU seafarer as soon as reasonably possible but in no case later than the 26th week of pregnancy; and where the nature of the vessel’s operations could in the circumstances be hazardous – at the first port of call;

c) The non-EU seafarer shall be entitled to receive contractual pay for the full contract period, plus 120 days basic pay;

d) The non-EU 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.

Disability
 §25

25.1 A non-EU seafarer who suffers permanent disability as a result of an accident during the period of his Employment Agreement with the Employer, including accidents occurring while travelling to or from the ship, in compliance with Annex 5, shall be paid the compensation from the Employer as specified in below table. The balance between the degree of disability and the rate provided for in the table, including less than 10% disability, shall be calculated pro rata.

2020

|  |  |
| --- | --- |
| Degree of Disability | Rate of Compensation |
| Percentage (%) | Ratings |
| 100 | 95,949 |
| 75 | 71,962 |
| 60 | 57,569 |
| 50 | 47,974 |
| 40 | 38,379 |
| 30 | 28,785 |
| 20 | 19,190 |
| 10 | 9,595 |

25.2 The Employer shall not pay the compensation from paragraph 1 of this article if he can prove that:

a) The disability was caused by the non-EU seafarer’s wilful act;

b) The disability was result of the non-EU seafarer’s alcohol and/or drug abuse;

c) The non-EU seafarer has prevented his alcohol and/or drug abuse testing for evidence;

d) The disability happened as the result of the illness the non-EU seafarer failed to report upon his pre-employment medical examination prior to joining the ship;

25.3 The degree of disability shall be determined by the panel doctor appointed by the Employer. Should the doctor designated by or on behalf of the non-EU seafarer disagree with the findings, the decision is to be made by the third doctor to be appointed jointly by the Employer and the non-EU Seafarer shall be binding on both parties.

25.4 A non-EU seafarer, who has been certified as permanently unfit for the further sea service in any capacity on board, i.e. has suffered loss of profession or rank, shall be entitled to 100% compensation in compliance with the table from paragraph of this article, regardless of the disability level.

25.5 For the purpose of this article, loss of profession shall mean such physical condition which prevents the non-EU seafarer from further sea service, under the applicable national and international standards, and/or the condition making it otherwise clear that the non-EU seafarer is permanently unfit for any comparable employment on board.

25.6 The Employer shall discharge their responsibility for payment of the compensation specified under paragraphs 1 and 4 of this article as soon as the non-EU seafarer’s claim for such payment has been submitted and any relevant documents have been provided to confirm that conditions have been duly met to the satisfaction of the Employer. In deciding upon the claim, there should be no pressure by the Employer for a payment less than the contractual amount due. Where the nature of the personal injury makes it difficult for the Employer to make a full payment of the claim, consideration shall be given to the payment of an interim amount so as to avoid undue hardship.

25.7 Any payment effected under paragraphs 1 and 4 of this article shall be without prejudice to any non-EU seafarer claim for compensation made in law against the Employer.

25.8 The compensation effected in compliance with paragraphs 1 and 4 hereof shall be deducted from the remuneration against any court or arbitration proceedings in accordance with the claim mentioned in paragraph 7 above.

Loss of Life – Death in Service
 §26

26.1 If a Non-EU 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 4 to a nominated beneficiary and to each dependent child up to a maximum of 4 (four) under the age of 18 (eighteen). If the non-EU seafarer shall leave no nominated beneficiary, the aforementioned sum shall be paid to the person or body empowered by law or otherwise to administer the estate of the non-EU seafarer. The Company shall also transport at its own expense the body to the non-EU 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 non-EU seafarer shall be regarded as «in employment of the Company» for so long as the provisions of Articles 22 and 23 apply and provided the death is directly attributable to sickness or injury that caused the non-EU seafarer’s employment to be terminated in accordance with Article 19.1 b).

26.2 The provisions of Article 25.5 above shall also apply in the case of compensation for Loss of Life – Death in Service as specified in this Article.

26.3 The Employer shall not pay the compensation from this article if he can proof that:

a) The death was caused by the non-EU seafarer’s wilful act, i.e. suicide;

b) The death was result of the non-EU seafarer’s alcohol and/or drug abuse;

c) The non-EU seafarer family member has prevented taking evidence of the cause of death;

d) The death happened as the result of the illness the non-EU seafarer failed to report upon his pre-employment medical examination prior to joining the ship.

Insurance Cover
 §27

27.1 The Company shall conclude appropriate insurance to cover themselves fully against the possible contingencies arising from the Articles of this Agreement. 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, 2006. The details of the applicable financial security system shall be posted in a conspicuous place on board where it is available to the non-EU seafarers.

Food, Accommodation, Bedding, Amenities etc.
 §28

28.1 The Company shall provide, as a minimum, accommodation, recreational facilities and food and catering services in accordance with the standards specified in Title 3 to the draft ILO Consolidated Maritime Labour Convention 2006 and shall give due consideration to the Guidelines in that Convention.

28.2 In addition, the Company shall provide the galley with all items of equipment normally required for cooking purposes. All items of equipment shall be of good quality.

28.3 The accommodation standards should generally meet those criteria contained in relevant ILO instruments relating to crew accommodation.

Personal Protective Equipment
 §29

29.1 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 non-EU seafarer while serving on board.

29.2 The Company will supply the crew with appropriate personal protective equipment for the nature of the job.

29.3 Non-EU 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.

29.4 If the necessary safety equipment is not available to operate in compliance with any of the above regulations, non-EU seafarers should not be permitted or requested to perform the work.

29.5 Non-EU 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 protective equipment remains the property of the Company.

Shipboard Safety Committee
 §30

30.1 The Company shall facilitate the establishment of an on-board Safety and Health Committee, in accordance with the provisions contained in the ILO Code of Practice on Accident Prevention on Board Ship at Sea and in Port, and as part of their safety-management system.

30.2 The Company shall provide a link between the Company and those on board through the designation of a person or persons ashore having direct access to the highest level of management as per the requirements of the ISM Code. The Company shall also designate an on-board competent safety Officer who shall implement the Company’s safety and health policy and programme and carry out the instructions of the Master to:

a) Improve the crew’s safety awareness;

b) Investigate any safety complaints brought to her/his attention and report the same to the Safety and Health Committee and the individual, where necessary;

c) Investigate accidents and make the appropriate recommendations to prevent the recurrence of such accidents; and

d) Carry out safety and health inspections.

30.3 The Company acknowledges the right of the crew to elect a safety representative to the on-board Safety and Health Committee. Such a representative shall be entitled to the same protections as the liaison representative as provided for in 31.5 below.

Membership Fees, Welfare Fund and Representation
 of non-EU seafarers
 §31

31.1 Subject to SUC Constitution, in order to be covered by this Agreement, each non-EU seafarers shall be considered to be a SUC members.

31.2 The Company shall arrange to pay in respect of each non-EU seafarer the SUC Entrance/Membership fees in accordance with the terms of the Annex 3 of this Agreement and Special Agreement.

31.3 The Company shall pay contributions to the SUC Seafarers’ Welfare and Protection Fund in accordance with the terms of the Annex 3 of this Agreement and Special Agreement.

31.4 The Company acknowledges the right of non-EU seafarers to participate in SUC activities and to be protected against acts of anti-union discrimination as per ILO Conventions Nos. 87 and 98.

31.5 The Company acknowledges the right of the non-EU 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 non-EU seafarer’s duties as a liaison representative unless the SUC has been given adequate notice of the dismissal.

Equality
 §32

32.1 Each non-EU seafarer shall be entitled to work, train and live in an environment free from harassment 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 non-EU seafarers.

Grievance Procedures
 §33

33.1 The Mare Nostrum and SUC agree for any non-EU seafarer’s grievance to be addressed in good faith and without ill-intentioned harassment toward the non-EU seafarer, in compliance with the MLC Regulation 5.1.5 – On-board complaint procedures and in accordance with Employer’s grievance procedures any non-EU seafarer shall be made familiar with upon execution of their employment contract.

Waivers and Assignments
 §34

34.1 The Company undertakes not to demand or request any non-EU seafarer to enter into any document whereby, by way of waiver or assignment or otherwise, the non-EU seafarer agrees or promises to accept variations to the terms of this Agreement or return to the Company, their servants or agents any wages (including back wages) or other emoluments due or to become due to the non-EU seafarer under this Agreement and the Company agrees that any such document already in existence shall be null and void and of no legal effect.

Breach of the Agreement
 §35

35.1 If the Company breaches the terms of this agreement the ITF or the SUC, for itself or acting on behalf of the non-EU seafarers, and/or any non-EU seafarer shall be entitled to take such measures against the Company as may be deemed necessary to obtain redress.

Amendment of the Agreement
 §36

36.1 The terms and conditions of this Agreement shall be reviewed annually, and if at any time the SUC and the Company mutually agree on amendments and/or additions to this Agreement, such amendments and additions shall be agreed in writing and signed by the parties and considered incorporated in the Special Agreement.

Governing Law
 §37

37.1 This Agreement is subject to Croatian law and the jurisdiction of the courts in Croatia.

37.2 The contracts of employment between the Company and the non-EU seafarers shall have provisions which indicate that the contracts of employment are subject to Croatian law and jurisdiction of Croatian Courts.

Social Security and Personal Income Tax
 §38

38.1 Non-EU seafarer is obligate and is responsible for the all activities regarding the social security and personal income tax regime demanded by his Country of residence.

Validity of the Agreement
 §39

39.1 This Agreement shall enter into force on 3rd February 2020 and shall terminate on 31st December 2020.

Zadar, 3rd February 2020

|  |  |
| --- | --- |
| Mr. David Sopta | Mr. Vladimir Svalina |
| on behalf of the Croatian Shipowners’ Association – Mare Nostrum | on behalf of the Seafarers’ Union of Croatia |

ANNEX 1

WAGE SCALE
 (NON-EU SEAFARERS / RATINGS TOTAL) VALID AS OF 3RD FEBRUARY 2020

All amounts in US$

|  |  |  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Rank | Diff. | Basic Wage | GOT | OT  Rate | Leave Pay | TOTAL  CASH | Holiday  Pay |
|  |  | 40 | 103 | 1,25 | 6 |  |  |
| Electrician | 1,672 | 1.416 | 1.051 | 10,21 | 283 | 2.750 | 16 |
| Bosun | 1,107 | 938 | 697 | 6,77 | 188 | 1.823 | 11 |
| Donkeyman | 1,107 | 938 | 697 | 6,77 | 188 | 1.823 | 11 |
| Mechanic | 1,107 | 938 | 697 | 6,77 | 188 | 1.823 | 11 |
| Cook | 1,107 | 938 | 697 | 6,77 | 188 | 1.823 | 11 |
| Pumpman | 1,107 | 938 | 697 | 6,77 | 188 | 1.823 | 11 |
| AB | 1 | 847 | 629 | 6,11 | 169 | 1.645 | 10 |
| Fitter/Motorman | 1 | 847 | 629 | 6,11 | 169 | 1.645 | 10 |
| Oiler/Greaser | 1 | 847 | 629 | 6,11 | 169 | 1.645 | 10 |
| Steward | 1 | 847 | 629 | 6,11 | 169 | 1.645 | 10 |
| Ordinary Seaman | 0,764 | 647 | 480 | 4,66 | 129 | 1.256 | 7 |
| Wiper | 0,764 | 647 | 480 | 4,66 | 129 | 1.256 | 7 |
| Deck Boy | 0,602 | 510 | 378 | 3,68 | 102 | 990 | 6 |
| Catering Boy | 0,602 | 510 | 378 | 3,68 | 102 | 990 | 6 |
| Trainee Mechanic, Electrician, Pumpman | 0,602 | 510 | 378 | 3,68 | 102 | 990 | 6 |

GOT – Guaranteed Overtime

OT – Overtime Rate

ANNEX 2

NATIONAL HOLIDAYS

Article 8

Public Holidays:

For the purpose of this Annex, the Croatian national/public holidays shall be considered holidays which are stated by the Act on Holidays, Remembrance days and Non-working days in Republic of Croatia with amendments.

1st January – New Year’s Day;

6th January – Epiphany;

Easter and Easter Monday\*;

Corpus Christy\*;

1st May – Labour Day;

30th May – Constitution Day;

22nd June – Antifascist Day;

5th August – Patriots Day;

15th August – Assumption Day;

1st November – All Saint’s Day;

18th November – Remembrance Day;

25th December – Christmas;

26th December – First day after Christmas; St. Stephen;

(\* Moveable dates)

ANNEX 3

SCHEDULE OF CASH BENEFITS

Article 18

Crew’s Effects:

Maximum: US$ 3,000 which includes US$ 300 in cash.

Article 20

Repatriation / Embarkation

Travelling allowance for food – US$ 50 per day;

Article 26

Compensation for Loss of Life – Death in Service:

2020

To immediate next of kin:

US$ 95,949

To each dependent child under the age of 18 (subject to a maximum of 4):

US$ 19,190

Article 31

Membership Fees, Welfare Fund and Representation of non-EU seafarers

The SUC Seafarers’ Welfare and Protection Fund

US$ 250 per crew member per year

The SUC Entrance/Membership

US$ 100 per crew member per year

ANNEX 4

ITF POLICY ON MANNING OF SHIPS

1. The basic principles involved in arriving at manning requirements should be considered prior to considering the numbers of each type of Officer or Rating that might be required. The following basic concepts have a bearing on manning:

Recognition and Development Criteria

Essential to the Task of Defining Manning Requirements

2. Among the criteria which have traditionally been used for this purpose are the following:

a) Trading area (e.g. home trade [A1], middle trade [A2], world-wide trade [A3 and A4]);

b) Number, size and type of main propulsion units (HP/KW, diesel or steam) and auxiliaries;

c) Tonnage (GT);

d) Safety of voyage between ports (e.g. duration of voyage, nature of voyage);

e) Construction and technical equipment of Ship;

f) Catering needs;

g) Sanitary regulations;

h) Watchkeeping arrangements;

i) Responsibilities in connection with cargo handling in port;

j) Medical care aboard Ship;

Further Criteria

3. As a result of the social evolution and the changes that have taken place within the shipbuilding and shipping industries and in particular in view of the increasing importance of social aspects in shipboard employment there are further criteria governing the manning of Ships. Consequently, the following factors should be added to those listed in paragraph. 2 a)-j) above:

a) Safe watchkeeping requirements and procedures;

b) Provisions regarding working hours;

c) The maintenance function as it relates to:

i. Ship machinery and support equipment

ii. radio-communications and radio-navigation equipment

iii. other equipment (including cargo support and handling equipment) and

iv. navigation and safety equipment

d) The human complement necessary to ensure that while malfunctioning automatic and remote-control equipment is being repaired the function of the controlled equipment will still be available to the vessel, on a manual basis;

e) Peak workload situations;

f) The human endurance/health factor (manning must never fall below the level at which the seafarers’ right to good health and safety is jeopardised);

g) Adequate manning to ensure that the Ship’s complement can cope with on-board emergencies;

h) Adequate manning to ensure that the Ship can assist other Ships in distress;

i) On-board training requirements and responsibilities;

j) Responsibilities flowing from the need for environmental protection;

k) Observance of industrial safety and seafarer’s welfare provisions;

l) Special conditions generated by the introduction of specialised Ships;

m) Conditions generated by the introduction of hazardous cargoes which may be explosive, flammable, toxic, health-threatening or environment-polluting;

n) Other work related to safety aboard the Ship;

o) Age and condition of Ship;

Operational and Maintenance Activities

4. Shipboard activities that must be carried out so that the operation and maintenance of the Ship and its equipment shall not pose hazards to the lives of seafarers and passengers, to property or to the environment. These activities include the functions carried out by the following departments:

a) Deck Department

b) Engine Department

c) Radio Department

d) Catering Department

Three-Watch System (based on an 8 hour Working Day)

5. This system shall be applied to the deck and engine departments in all seagoing Ships. Neither the Master nor the Chief Engineer shall be required to stand watches and shall not be required to perform non-supervisory work.

6. The number of qualified personnel on board Ships shall be at least such as to ensure compliance with the 1978 International Convention on Standards of Training, Certification and Watch-keeping for Seafarers and the IMO Assembly Resolution on Principles of Safe Manning A.890 (21) as amended by A.955 (23).

Safety and Hygiene

7. Furthermore, it will be necessary to pay due attention to the contribution of the catering personnel towards the overall safety and hygiene of Ships.

Interlinkage of Shipboard Activities

8. The fact that all shipboard activities are interlinked must be the guiding principle governing the manning considerations set forth under «Further Criteria» above. For example, safe navigation cannot be undertaken if propulsion equipment, steering gear, radio-navigation or radio-communication equipment are malfunctioning. Similarly, the health of those aboard will determine their availability to function in the optimum manner necessary for the safe operation of the Ship. Sea going Ships shall carry a competent person in charge of medical care on board, in line with Regulation VI/4 (Mandatory minimum requirements relating to medical first aid and medical care) of the 1978 STCW Convention and the applicable Sections of the STCW Code, Parts A and B.

The Network Factor

9. The «network» factor, i.e. the fact that all Ships are interdependent upon one another for mutual assistance must be kept in mind in considering manning requirements. The planning must be adequate to ensure the capability of the Ship to go to the aid of a Ship in distress. Accordingly, there must be reliable radio-communications for alerting purposes to describe its plight and what assistance it requires and for co-ordinating assistance for the Ship in distress. There must be sufficient competent manpower on board each Ship to handle the Ship’s own lifeboats in a safe and efficient manner to participate in other life-saving procedures.

Conclusion

10. Minimum manning requirements does not mean the minimum number in the sense of the fewest tolerable, but means the minimum number that will be adequate for the safety of the Ship, crew and passengers, property and the environment at all times.

11. Every vessel shall be sufficiently manned for the purpose of preventing excessive strain upon the crew and avoiding or minimising as far as practicable the working of overtime.

12. It is the firm view of the ITF that all the above matters must be fully considered as a prerequisite to considering manning requirements on a numerical basis and guidelines formulated in accordance therewith.

Manning Scales

13. The Mare Nostrum and SUC agreed that below manning scales are to be regarded as minimum safe manning. The manning scales are agreed between each Member or Company and SUC for the purpose to identify the number and capacities of the non-EU seafarers engaged on the board the vessels listed in Special Annex.

ANNEX 5

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.)

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
|  | Percentage  Right | | Compensation  Left | |
|  |
| 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 of one thumb |  | 8 | |  |
| •     Thumb with stiff extreme joint |  | 5 | |  |
| •     Thumb with stiff metacarpophalangeal joint |  | 3 | |  |
| •     Thumb with stiff extreme and metacarpophalangeal joints |  | 15 | |  |
| •     Loss of forefinger (second finger) |  | 10 | |  |
| •     Loss of middle and extreme joints of forefinger |  | 10 | |  |
| •     Loss of extreme forefinger |  | 5 | |  |
| •         Forefinger with stiff metacarpophalangeal joint in outstretched position |  | 5 | |  |
| •     Forefinger with 90 degrees or more stretch deficiency in middle joint |  | 5 | |  |
| •     Loss of middle finger (third finger) |  | 10 | |  |
| •     Loss of middle and extreme joints of middle finger |  | 8 | |  |
| •     Loss of extreme joint of 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 joints of ring finger |  | 5 | |  |
| •     Loss of extreme joint 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 middle and extreme joints of little finger |  | 5 | |  |
| •     Loss of extreme joint of little finger |  | 3 | |  |
| •     Loss 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 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 finger |  | 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 and 5th) |  | 30 | |  |
| •     Loss of middle and extreme joints of middle finger, ring finger and little finger |  | 20 | |  |
| •     Loss of extreme joints of middle finger, ring finger and little finger |  | 10 | |  |
| •     Loss of ring finger and little finger (4th and 5th) |  | 20 | |  |
| •     Loss of middle and extreme joints of ring 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 one 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 | 65 |  | | 60 |
| •     Amputation o forearm with good elbow movement | 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 | 30 |  | | 25 |
| •     Cessation of rotary function of forearm («upright position») | 20 |  | | 15 |
| •     Elbow bending reduced to 90 degrees or less | 15 |  | | 12 |
| •     Stretch deficiency of up to 40 degrees |  | 3 | |  |
| •     Stretch deficiency 40-90 degrees |  | 5 | |  |
| e. Shoulder |  |  | |  |
| •     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 the upper arm | 25 |  | | 20 |
| •     Total paralysis of nervus ulnaris | 30 |  | | 25 |
| •     Total paralysis of nervus medianus, both sensory and motoric injuries | 35 |  | | 30 |
| •     For sensory injuries only |  | 10 | |  |

Foot, Leg, Hip

|  |  |
| --- | --- |
| 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 | 3 |
| •     Ankle joint stiff at right angle or slight talipes 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 |
| •     Knee with strong friction during movements, with muscle wastage exceeding 2 cm as measured 10 cm above the patella and reduction of mobility | 8 |
| •     Knee with somewhat regular and hampering incarcerations | 5 |
| •     Habitual luxation of kneecap | 5 |
| •     Loss of kneecap | 5 |
| •     Well-functioning totally artificial kneecap | 15 |
| b. Leg |  |
| •     Loss of one leg | 65 |
| •     Amputation at the knee or thigh with good function of prostesis | 50 |
| •     Amputation at the knee or thigh with poor function of prosthesis | 55 |
| •     Loss of crus (shank) with good function 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 |
| •     Post thrombotic 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 | 10 |
| 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

|  |  |
| --- | --- |
| A. The Face |  |
| •     Loss of all teeth (double dentures) | 5 |
| •     Loss of outer ear | 5 |
| •     Scalping | 5 |
| •     One-sided paralysis of the facialis nerve | 10 |
| •     Two-sided paralysis of the facialis nerves | 15 |
| •     Loss of sense of smell | 10 |
| •     One-sided paralysis of vocal chords with considerable speech difficulties | 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 |
| •     Total demens  b. Postcommotional Syndrome | 100 |

Reduction of visual power of one or both eyes is assessed in accordance with the following decimal table or fraction table:

|  |  |  |  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Decimal 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 |

|  |  |
| --- | --- |
| C. The Eye |  |
| •     Loss of one eye | 20 |
| •     Loss of both eyes | 100 |
| •     Loss of sight of one eye | 20 |
| •     Loss of sight of both eyes | 100 |
| •     Loss of sight of one eye with complications (e.g. glaucoma and/or contracted eye) | 25 |
| •     Loss of sight of one eye with possibility of improvement via operation (reserve eye) | 18 |
| •     Double vision | 10 |
| •     Double vision in outermost position | 3 |
| •     Loss of binocular vision (e.g. aphakia with visual power of at least 6/60) | 15 |
| •     Aphakia with good contact glass function | 8 |
| •     Total one-sided ptosis | 18 |
| •     Flood of tears | 3 |
| •     Hemianopsia | 40 |
| •     Rightsided heminaopsia 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 | 100 |
| 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 is paid solely in respect of use of a hearing aid.

|  |  |
| --- | --- |
| •     Hampering tinnitus and distortion of hearing | 3 |

Neck and Back

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 other rules specified in the table.

|  |  |
| --- | --- |
| B. Consequences of Slipped Disc | 12 |
| C. Other Back Injuries |  |
| 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 |
| •     If 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 determinable neurological symptoms on a modest scale) | 20 |
| •     Mild but lasting consequences – with bladder (possibly defecation) symptoms (objectively determinable neurological symptoms on a modest scale) | 25 |
| •     Other lasting consequences without bladder symptoms as defined above | 30 |
| •     Other lasting consequences with bladder symptoms as defined above | 35 |
| •     incontinence – please see Section V. |  |

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 group 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 praeternaturalis | 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 |

ANNEX 6

NON-SEAFARERS WORK (ARTICLE 4) – IMPLEMENTATION

The parties fully subscribe to the intent and the principles of Article 4 of this Agreement. 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 4.1 and 4.2 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 4.1 and 4.2 shall be deferred for a transitional period to be identified in each specific case between the parties of the Agreement.

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 4.1 and 4.2 as identified above the following provisions shall apply:

4.1 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 Non-EU 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.

4.2 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 non-EU seafarer who respects such dock workers’ trade dispute and any such lawful act by the non-EU seafarer shall not be treated as any breach of the non-EU seafarer’s contract of employment, provided that this act is lawful within the country it is taken.

The provisions of Article 4.3 shall apply with immediate effect as written in this Agreement.

ANNEX 7

SEAFARER’S EMPLOYMENT CONTRACT FOR NON-EU RATINGS

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