Itf-Imec Ibf International Collective

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ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 1

ITF-IMEC IBF INTERNATIONAL COLLECTIVE


BARGAINING AGREEMENT 2015 – 2017
Article 1: Application
1.1 This IBF Framework Agreement (hereinafter “Agreement” or “CBA”) sets out the
standard terms and conditions applicable only to seafarers serving on any ship owned or
operated by a company in membership with the Joint Negotiating Group in respect of
which there is in existence an IBF Special Agreement. Together with the IBF Special
Agreement and the IBF Memorandum of Agreement, which may contain additional terms
and conditions relevant to seafarers, this IBF Framework CBA makes an integral part of the
general IBF settlement negotiated between the International Transport Workers Federation
(ITF) and the Joint Negotiating Group (JNG) of maritime employers.

1.2 This Agreement is deemed to be incorporated into and to contain the terms and
conditions of the contract of employment of any seafarer to whom this Agreement applies.

1.3 It is understood and agreed that nothing contained in this Agreement is intended to or
shall be construed as to restrict in any way the authority of the Master.

1.4 The IBF Special Agreement requires the Company, inter alia to employ the seafarers on
the terms and conditions of an ITF approved agreement, and to enter into individual
contracts of employment with any 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 applicable ITF approved Agreement (CBA) and of
the ITF Special Agreement are available on board in English.

1.5 The words “seafarer”, “ship”, IBF Special Agreement’, “Union”, “ITF” and “company”
when used in this Agreement shall have the same meaning as in the IBF Special Agreement.
Furthermore, “seafarer” means any person who is employed or engaged or works in any
capacity to whom this collective bargaining agreement applies. “MLC” means Maritime
Labour Convention adopted by the General Conference of the International Labour
Organization on 23 February 2006.

1.6 Each seafarer, 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
ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 2
the payment of wages, whether or not any employment contract is executed between the
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.

Article 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 that 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 effect the seafarer’s entitlement to compensation as per
Articles 22, 23, 24, 25 and 26. 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 19.1 (b) and maybe willing to be re-employed upon
recovery. Any such recovered seafarers shall be treaded equally to the other candidates
undergoing medical examination.
2.3 As far as practicable, companies who are direct employers or who use 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 seafarers for finding employment, the right for seafarers to
inspect their employment agreements 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 the seamen’s employment contract.
2.5 Documentation as required by the Flag State shall be at Company expense.
Article 3: Probationary Service
3.1 The probationary period shall only apply during the first term of employment with the
Company and shall be one third of the contract ITF-IMEC IBF INTERNATIONAL CBA
2015-2017 Page 3
length but in any case, no more than ten weeks. During this period both the seafarer and/or
the Company shall be entitled to terminate the employment prior to the expiry of the
contract during this period. In such event the cost of repatriation shall be the responsibility
of the party who gives notice of termination but the compensation for premature
termination of employment provided in Article 19.4 shall not apply.
Article 4: Non-Seafarers Work
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 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 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.

4.3 For crewmembers 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
APPENDIX 2 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.
Article 5: Duration of Employment
5.1 A seafarer shall be engaged for the period specified in Appendix 1 to this Agreement
and such period may be extended or reduced by the amount shown in Appendix 1 for
operational convenience. The
ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 4
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.

Article 6: Hours of Duty


6.1 The normal hours of duty shall be as specified in Appendix 1, but in no case shall
exceed;

a) Eight hours per day from Monday to Friday inclusive.

Article 7: Overtime
7.1 Entitlement to overtime for all seafarers shall be as specified in Appendix 2
7.2 Overtime shall be recorded individually and in duplicate either by the Master or the
Head of the Department.
7.3 Such record, endorsed by the Master or a person authorized by the Master shall be
accessible 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 his/her contract, one copy shall be
provided to the Seafarer, if such information is not already contained within the Seafarer’s
pay documents. A Seafarer may request a printed copy of his/her overtime records at any
time during his/her contractual term.
7.4 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.
Article 8: Holidays
8.1 For the purpose of this Agreement the days listed in Appendix 1 shall be considered as
holidays 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.
Article 9: Rest Periods
9.1 Each seafarer shall have a minimum of 10 hours rest in any 24 hour period and 77 hours
in any seven-day period. ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 5
9.2 This period of 24 hours shall begin at the time a Seafarer starts work immediately after
having had a period of at least 6 consecutive hours off duty.

9.3 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.

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 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 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 seafarers who have performed the work in a
scheduled rest period are provided with an adequate period of rest. In addition, the 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 a manner that minimises the disturbance of
rest periods and does not induce fatigue.

9.8 The allocation of periods of responsibility on 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 seafarers daily hours of rest shall be maintained to allow for monitoring of
compliance with this Article. ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 6
Article 10: Wages
10.1 The wages of each seafarer shall be calculated in accordance with this Agreement and
as per the attached wage scale (APPENDIX 2) 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 seafarer.
10.2 The seafarer shall be entitled to payment of their net wages, after deductions, in US
dollars, or in a currency agreed with the seafarers, at the end of each calendar month
together with an account of their wages, identifying the exchange rate where applicable.
10.3 Any wages not drawn by the seafarer shall accumulate for their account and may be
drawn as a cash advance twice monthly.

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

10.5 No seafarer employed in the Deck or Engine departments who is 21 or over and is not
a trainee shall be paid less than the equivalent rate of an ordinary seaman

Article 11: Allotments


11.1 Each 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.
Article 12 Leave
12.1 Each seafarer shall, on the termination of employment for whatever reason, be entitled
to payment of leave pay as specified in APPENDIX 2 for each completed month of service
and pro rata for a shorter period.
Article 13: Subsistence Allowance
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.
Article 14: Watchkeeping
14.1 Watchkeeping at sea and, when deemed necessary, in port, shall be organised where
possible on a three-watch basis. ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 7
14.2 It shall be at the discretion of the Master which seafarers are put into watches and
which, if any, on daywork.

14.3 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
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

Article 15: Manning


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 in accordance with relevant and applicable international laws,
rules and regulations.

15.2 In addition, the manning of each ship shall be determined following agreement
between the Company and the Union with whom the agreement is concluded.

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

persons engaged for security purposes should not undertake other seafarers’ duties;

only specific tasks authorized by the master can be carried out by the riding squads;

classification societies are to be informed of any survey or structural work carried out in
compliance with IACS UR Z13;

all riding squads must be covered by agreements in line with ILO conventions and
recommendations; and

riding squads should not be used to replace current crew or be used to undermine ITF
agreements.

Article 16: Shorthand Manning


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 ITF-IMEC IBF INTERNATIONAL
CBA 2015-2017 Page 8
affected members of the concerned department. 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 7.
Article 17: Warlike Operations / High Risk Area
17.1 A Warlike Operations area shall be determined by the IBF. The Company shall
regularly receive from the respective IBF constituent information on Warlike Operations
areas. An updated list of IBF Warlike Operations areas shall be kept on board the vessel and
shall be accessible to the crew.

17.2 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. If this information becomes known
during the period of the Seafarers’ employment on the vessel the Company shall advise the
Seafarers immediately.

17.3 If the vessel enters a Warlike Operations area:

The Seafarer shall have the right not to proceed to such area. In this event the 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.

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 wage for the durations
of the ship’s stay in a Warlike Operations area –subject to a minimum of 5 days pay.

The Seafarer shall have the right to accept or decline an assignment in a Warlike
Operations area without risking loosing his/her employment or suffering any other
detrimental effects.

17.4 In addition to areas of warlike operations, the IBF may determine High Risk Areas and
define, on a case-by-case basis, the applicable seafarers’ benefits and entitlements, as well as
employers’ and seafarers’ obligations. In the event of any such designations the provisions
of Articles 17.1 and 17.2 shall apply. The full details of any Areas so designated shall be
attached to the CBA and made available on board the vessel.

17.5 In case a Seafarer may become captive or otherwise prevented from sailing as a result
of an act of piracy or hijacking, irrespective whether
ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 9
such act takes place within or outside IBF designated areas referred to in this Article, the
Seafarer’s employment status and entitlements under this Agreement shall continue until
the Seafarer’s release and thereafter until the Seafarer issafely 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 Seafarers, with
extra protection, food, welfare, medical and other assistance as necessary.

Article 18: Crew’s Effects


18.1 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, 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 APPENDIX 3.
18.2 The seafarer shall certify that any information provided with regard to lost property is
true to the best of their knowledge.
18.3 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.
Article 19: Termination of Employment
19.1 The employment shall be terminated:
a) upon the expiry of the agreed period of service identified in APPENDIX 1;
b) when signing off owing to sickness or injury, after medical examination in accordance
with Article 22, but subject to the provision of Article 26.
19.2 The Company may terminate the employment of a seafarer:
a) by giving one month’s written notice to the seafarer;
b) If the seafarer has been found to be in serious breach 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. ITF-IMEC IBF
INTERNATIONAL CBA 2015-2017 Page 10
19.3 A seafarer to whom this Agreement applies may terminate employment:
a) for justified reasons, by giving one months notice to the company;
b) when during the course of a voyage it is confirmed that the spouse or, in the case of a
single person, a parent, has fallen dangerously ill. This provision shall also be applied with
regard to the partner of a seafarer provided that this partner has been nominated by the
seafarer at the time of engagement as the Seafarers next of kin;
c) if the ship is about to sail into a warlike operations area, in accordance with Article 17 of
this Agreement;
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, 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 seafarer shall be entitled to receive compensation of two months’ basic pay on
termination of their 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 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. ITF-IMEC IBF INTERNATIONAL CBA 2015-2017
Page 11
Article 20: Repatriation / Embarkation
20.1 Repatriation shall take place in such a manner that it takes into account the needs and
reasonable requirements for comfort of the seafarer.
20.2 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;
b) the cost of accommodation and food;
c) reasonable personal travel and subsistence costs during the travel period;
d) transport of the seafarer’s personal effects up to the amount agreed with the company.
20.3 A 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 Clause 19.2(b).
20.4 The provisions of Articles 20.1, 20.2 and 20.3 shall also apply to seafarers travelling to
join the vessel.
Article 21: Misconduct
21.1 The 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, provided 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.
21.2 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
repatriating 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 providing a replacement for the dismissed seafarer.
21.3 For the purpose of this Agreement, refusal by any seafarer to obey an order to sail the
ship shall not amount to a breach of the seafarers employment obligations where: ITF-IMEC
IBF INTERNATIONAL CBA 2015-2017 Page 12
a) the ship is unseaworthy or otherwise substandard as defined in Clause 19.3 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
implementation of this Agreement 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.

21.4 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
complaints or grievances. The procedures 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.
Article 22: Medical Attention
22.1 A seafarer shall be entitled to immediate medical attention when required and to
dental treatment of acute pain and emergencies.
22.2 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 20, whichever is
the earlier.
22.3 A seafarer repatriated unfit as a result of sickness or injury, shall be entitled to medical
attention (including hospitalisation) at the Company’s expense:
a) in the case of sickness, for up to 130 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 clause 25.2 concerning permanent disability.

c) in those cases where, following repatriation, 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.
ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 13
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 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.
Article 23: Sick Pay
23.1 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
20.
23.2 Thereafter the seafarers 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. 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 seafarer has been cured or until a medical determination is made in
accordance with clause 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 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.
Article 24: Maternity
24.1 In the event that a crewmember 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 vessel’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 period, plus
100 days basic pay.
ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 14
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.
Article 25: Disability
25.1 A seafarer who suffers permanent disability as a result of an accident whilst in the
employment 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, but excluding permanent disability due to wilful acts, shall in addition to sick pay,
be entitled to compensation according to the provisions of this Agreement.
25.2 The disability suffered by the seafarer shall be determined by a doctor appointed by
the Company. 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 Union
and the decision of this doctor shall be final and binding on both parties.
25.3 The Company shall provide disability compensation to the seafarer in accordance with
APPENDIX 3, with any differences, including less than 10 % disability, to be pro rata.
25.4 A seafarer whose disability, in accordance with 25.2 above is assessed at 50% or more
shall, for the purpose of this paragraph, be regarded as permanently 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 the assessment or entitlement shall be resolved in
accordance with clause 25.2 above.
25.5 Any payment effected under 25.1 to 25.4 above, shall be without prejudice to any claim
for compensation made in law, but shall be deducted from any settlement in respect of such
claims.

25.6 Shipowners, in discharging their responsibilities to provide for safe and decent
working conditions, should have effective arrangements for the payment of compensation
for personal injury. When a valid claim arises, payment should be made promptly and in
full, and there should be no pressure by the shipowner or by the representative of the
insurers for a payment less than the contractual amount due under this Agreement. Where
the nature of the personal injury makes it difficult for the shipowner to make a full payment
of the claim, consideration to
ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 15
be given to the payment of an interim amount so as to avoid undue hardship.

Article 26: Loss of Life – Death in Service


26.1 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, but excluding death due to wilful acts,
the Company shall pay the sums specified in the attached APPENDIX 3 to a nominated
beneficiary and to each dependent child up to a maximum of 4 (four) under the age of 18.
The Company shall also transport at its own expense the body to Seafarer’s home where
practical and at the families’ request and pay the burial expenses. If the 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 Seafarer.
26.2 Any payment effected under this clause shall be without prejudice to any claim for
compensation made in law but shall be offset against any such payments.

26.3 For the purpose of this clause a seafarer shall be regarded as “in the 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 seafarer’s employment to be
terminated in accordance with Article 19.1 b).

26.4 The provisions of Article 25.6 above shall also apply in the case of compensation for
Loss of Life – Death in Service as specified in this Article.

26.5 If a Seafarer goes missing at sea, whilst in the employment of the Company, including
missing by accident or as a result of marine or other similar peril, but excluding missing
due to an act of suicide, or a disappearance in port, the Company shall pay the same
amounts as specified for Loss of Life-Death in Service in the attached APPENDIX 3 to a
nominated beneficiary and to each dependent child up to a maximum of 4 (four) under the
age of 18. If the Seafarer leaves 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
Seafarer.

Article 27: Insurance Cover


27.1 The Company shall conclude appropriate insurance to cover themselves fully against
the possible contingencies arising from the Articles of this Agreement. ITF-IMEC IBF
INTERNATIONAL CBA 2015-2017 Page 16
27.2 The additional cost to the Company for obtaining insurance cover for the enhanced
levels of death and disability compensation agreed by the IBF is recognised as an allowance
under the heading “D&D” in the attached wagescale.
Article 28: Food, Accommodation, Bedding, Amenities etc.
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 ILO
Maritime Labour Convention 2006 and shall give due consideration to the Guidelines in
that Convention.
28.2 Seafarers will have access to free calls on a one-off basis linked to compassionate
circumstances as per Article 19.3 emergencies.

28.3 The Company shall ensure the provision of shipboard welfare and entertainment
amenities, such as videos, books sports and fitness facilities etc. not less than the value
indicated in the attached wage scale.

28.4 Additionally, each seafarer may make free use of the ships email system, where one is
fitted, for a reasonable amount of time, as determined by the Master, taking account of the
vessels operational requirements, for communication with his family. The cost of providing
this benefit, together with the provisions under clause 28.2 above is recognised as an
allowance, not payable to the crew members, and is indicated under the heading “email” in
the attached wage scale

28.5 Where equipment and cost allows, during off duty hours, Seafarers shall have the
possibility to access internet for the purpose of communicating with home, social
networking and other needs.
Article 29: Personal Protective Equipment
29.1 The Company shall provide the necessary personal protective equipment in accordance
with ISM/IMO regulations, or any applicable national regulations that specify any
additional equipment, for the use of each 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 Seafarers should be advised of the dangerous nature and possible hazards of any work
to be carried out and instructed of any necessary ITF-IMEC IBF INTERNATIONAL CBA
2015-2017 Page 17
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, seafarers should not be permitted or requested to perform the work.
29.5 Seafarers should 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.
Article 30: Shipboard Safety Committee
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 as per the requirements of the ISM Code.
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 program and carry out the instructions of the Master to:
a) improve the crew’s safety awareness; and
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; and
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.

Article 31: Membership Fees, Welfare Fund and Representation of Seafarers


31.1 Subject to national legislation, in order to be covered by this Agreement all seafarers
shall be members of an appropriate national trade union affiliated to the ITF. ITF-IMEC IBF
INTERNATIONAL CBA 2015-2017 Page 18
31.2 The Company shall arrange to pay in respect of each Seafarer the
Entrance/Membership fees in accordance with the terms of the relevant Union.
31.3 The Company shall pay contributions to the ITF Seafarers’ International Assistance,
Welfare and Protection Fund in accordance with the terms of the Special Agreement.
31.4 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.
31.5 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 and the agreed Grievance procedure has
been observed.
Article 32: Equality
32.1 Each 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
seafarers.
Article 33: Waivers and Assignments
33.1 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 this Agreement 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 this Agreement and the Company agrees that any such
document already in existence shall be null and void and of no legal effect.
Article 34: Contribution to Seafarer's Training, Upgrading and Education project
To improve the training, standards of competence and education of seafarers, the parties to
this Agreement have agreed to participate in a Training, Upgrading and Education Project
to be known as the International Maritime Training Trust (IMTT). ITF-IMEC IBF
INTERNATIONAL CBA 2015-2017 Page 19
Financial contributions to the Project shall be at the rate shown in the wage scale Appendix
2 per seafarer per month while onboard.
The Company shall remit funds to support the Project quarterly, in respect of each seafarer
covered by this Agreement to the designated bank account authorised by the Board of
Trustees.
HSBC Bank
165 Fleet Street
London
EC4A 2DY
SWIFT – MIDLGB22
IBAN – GB33MIDL40051574937805
Account Name – International Maritime Training Fund
Account Number – 74937805
Sort code – 40-05-15
Proof of payment to be given to the union/ITF at not more than quarterly intervals
specifying the amount and the period covered and the name of the vessel(s).
Article 35 IMO Fund and Onboard Training
35.1 The additional allowance shown in the wage scale under the column IMO Training
shall be allowed towards the onboard training cost of the Company for the Seafarers to
conform with the IMO requirements in respect to the STCW Convention 1995. This amount
shall not be payable to the seafarers. 35.2 In order to promote an increase in the number of
trainees, a contribution towards the seagoing maintenance costs of trainees is recognized as
an allowance under the heading “Onboard Training” in the attached wage scale. This
allowance shall be exclusively used for training. Article 36 Seafarers’ Employment
Promotion Fund 36.1 The Company shall remit US$10 per seafarer per month to the
Seafarers’ Employment Promotion Fund in order to meet the objectives agreed in
discussions at the IBF with effect 1 January 2008. The details of the respective bank account
shall be indicated in Appendix 5. ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 20
Article 37 Validity of the Agreement
37.1 This agreement shall enter into force on 1st January 2015 and shall terminate on 31st
December 2017.
_____________________ __________________________
Signed on behalf of the ITF Signed on behalf of the Company ITF-IMEC IBF
INTERNATIONAL CBA 2015-2017 Page 21
APPENDIX 1
Contract duration, Working Hours, Holidays
Duration of Employment
The maximum period of engagement referred to in Article 5 shall be nine months, which
may be extended to ten months or reduced to eight months for operational convenience.
Thereafter, the seafarer’s engagement shall be automatically terminated in accordance with
Article 19 of this Agreement. This period of engagement may be reduced following local
negotiations between the company in membership of the JNG and an ITF Affiliate.
However should the voyage duration be subject to such reduction any costs should be
included within the overall cost of the settlement.
Normal Working Hours
Following accepted working practice in the country to which a local agreement applies;
normal working hours shall not exceed:
a) eight hours per day Monday to Friday inclusive.

Holidays
The days regarded as holidays in accordance with Article 8 shall be subject to National
negotiations; however, national holidays shall be subject to a minimum of nine (9) days.
ITF-IMEC IBF INTERNATIONAL CBA 2015-2017 Page 22
APPENDIX 2
Wages, Overtime, Leave entitlements
Wages to be developed in accordance with the Total Crew Cost Methodology agreed by the
IBF.
Ratings
Overtime Rate
In the case of ratings, the hourly overtime rate shall be 1.25 the basic hourly rate calculated
by reference to the basic wage for the rating concerned shown in this APPENDIX and the
normal weekly working hours as shown in APPENDIX 1.
Guaranteed Overtime
Guaranteed overtime payments shall be more than 103 hours per month for ratings with a
40-hour normal working week. Agreements already in force providing for guaranteed
overtime payments outside these limits may remain in effect as provided for above.
Officers
Agreements, which provide for hourly overtime payments for officers should observe the
principles set out above concerning overtime payments for ratings.
Agreements, which provide for consolidated wage rates for officers, including
compensation for work performed outside the normal working week, should contain
provisions dealing with:
1. The maintenance of records of the officers’ rest periods;
2. The rate at which wage-related allowances not shown on the wage schedule e.g. sick pay,
are calculated.

Agreements already in force providing for consolidated wage rates shall remain in effect as
provided for above.
Leave
Leave pay for officers and ratings in accordance with Article 12 shall be not less than nine
(9) days for each completed month of service and pro rata for a shorter period. ITF-IMEC
IBF INTERNATIONAL CBA 2015-2017 Page 23
APPENDIX 3
Compensation Payments
Crew’s Effects
Maximum compensation for loss of effects as provided for in Article 18 of this Agreement
shall be US$3,300, which includes cash up to $330.
Medical, Dental or Social – Seafarers Family
There may be additional contributions by the company to meet medical, dental or social
needs of seafarers and their families including crew communications, subject to local
negotiations between the relevant JNG members and ITF affiliates.
Disability
In the event a seafarer suffers permanent disability in accordance with the provisions of
Article 25 of this Agreement, the scale of compensation provided for under Article 25.3
shall, unless more favourable benefits are negotiated, be:
2015Degree of Disability Rate of Compensation
Percentage (%) Ratings Junior Officers Senior Officers
(4)
100 96,909 129,212 161,514
75 72,682 96,909 121,136
60 58,145 77,527 96,909
50 48,454 64,606 80,757
40 38,763 51,685 64,606
30 29,073 38,763 48,454
20 19,382 25,842 32,303
10 9,691 12,921 16,151

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