ARTICLE OF AGREEMENT (AOA) :-
Article of agreement is the legal document agreed and signed between owner and or master or its agent and the seaman who is being employed by the owner. As per MS act 1958, The master of every Indian ship except a home trade ship of less than 200 GT, shall enter into a agreement with every seaman whom he engages, in, and carries to sea as one of his crew. An agreement with the crew shall be in the prescribed form and shall be signed by the owner or agent and the master before any seaman signs the same.
a. Five original copies of the articles of agreement may be signed between the
employer/employer’s agent and the seafarer ashore. This signing on will be done in the office of the employer/employer’s agent, and not in the presence of the Shipping Master. The seafarer shall report on board ship with the first three signed original copies which shall be signed by the Master and the seafarer on board the ship. After this, the 1st and 3rd original copies would remain in the custody of Master whereas the 2nd original copy would be in possession of the seafarer.
b. After the first three original copies have been taken on board the ship, there will
be two original copies left with employer/employer’s agent. The 4th & 5th original copies would not have signatures made by Master or by seafarer on board
the ship. The 4th original copy will be retained by the employer/employer’s agent.
The last, namely the 5th original, copy will be forwarded by the employer /
employer’s agent to the concerned Shipping Master for the record at the earliest and in any case not & nbsp; later than 48 hours of seafarer signing off, the
agreement ashore in India in the office of employer/employer’s agent.
The agreement with the crew shall contain the following particulars:-
1. The name, of the ship on board which the seaman undertakes to serve.
2. Either the nature and, as far as practicable, the duration of the intended
voyage, and the places or parts of the world, if any, to which the voyage or
engagement is not to extend.
3. The number and description of the crew of different categories in each department.
4. The time at which each seaman is to be on board or begin work.
5. The capacity in which each seaman is to serve.
6. The amount of wages which each seaman is to receive.
7. A scale of provision which are to be furnished to each seaman.
8. A scale of warm clothing and a scale of extra provision to each seaman in specified cold regions.
9. Any regulation as to conduct on board and as to fines or other lawful
punishments for misconduct which is sanctioned by central government and
agreed by parties.
10. Payment of compensation for personal injury or death caused by accident
arising out of and in course of employment.
11. In case the services are to be terminated outside India then the agreement is to provide free repatriation back to India.
12. Stipulations relating to such other matters as may be prescribed.
Article of agreement is necessary due to following reasons:-
1. Article of agreement is the legal document which states the employment of a seaman legally.
2. Payment of wages will be as per article of agreement and it cannot be less than the amount fixed by central government.
3. In case of any dispute between seaman and owner the article of agreement
becomes the legal document and the disputes are settled as per article of
agreement. It also states that the disputes will be solved as per which area or place jurisdiction.
In case there is any dispute between the owner or agent & the master of the
ship & a seaman such a dispute shall be referred to the nearest Indian consular officer & his decision shall be binding till the ship returns to the port in India at which the seaman is to be finally discharged.
The agreement must record the requirements of advance & allotments & other stipulation not contrary to law. The master shall provide the copy of the agreement to the members of the crew. Any change in a crew agreement is only valid if it is made with the consent of all the parties concerned & the same is to be attested by the shipping master in India or by an Indian consular officer outside India.
AOA is a Tri-party Agreement made between The Employer, The Seaman & DG
Shipping.
Contractual clauses/terms and conditions
1. This agreement between employer/employer’s agent and the seafarer is subject to the condition that the seafarer will serve in capacity/rank on wages as indicated with other terms of employment
and service conditions as per the relevant collective bargaining agreement sector-wise as applicable.
2. This agreement shall be for serving in the area and for the period as agreed in applicable collective bargaining agreement from the date of the first signature in this agreement.
3. It is hereby agreed that the said seafarer will be supplied with provisions not less than what is provided in the scale of provision under section 101 (2)(g) of the Merchant Shipping Act, 1958 (44 of 1958) or as applicable under collective bargaining agreement, whichever is higher.
4. It is agreed that the rights, duties and the terms of employment of seafarers and the obligations of shipowners shall be governed by applicable collective bargaining agreement/the provisions of ILO Conventions ratified by India, Merchant Shipping Act 1958, the rules/notices/circulars /orders made thereunder except which are specifically mentioned in DGS order No. 7 of 2002.
5. Master should keep on board a copy of applicable collective bargaining agreement/the provisions of ILO Conventions ratified by India, Merchant Shipping Act 1958, the rules /notices/circulars/orders. These documents should be made available to seafarers working on the vessel, their lawful representatives and other legitimate authorities for their perusal at any reasonable time.
6. In relation to an individual seaman, this agreement may be terminated –
.1 by mutual consent;
.2 if medical evidence indicates that a seaman is incapable of continuing to perform his duties by reason of illness or injury;
.3 if a seaman is absent without leave at a time fixed for sailing; or
.4 if in the opinion of the master, continued employment of the seaman is likely to
endanger the vessel or any person on board.
7. The five original and three photocopies will ultimately remain with persons/bodies as detailed
below:
.1 Master on board the ship – 1/5
.2 Seafarer – 2/5
.3 Shipping Master (on concluding employment and settlement of wages) – 3/5
.4 Employer/employer’s agent – photocopy of 3/5 and – 4/5
.5 Shipping Master on commencing employment – 5/5
.6 SPFO (Seamen’s Provident Fund Orgn.) on concluding employment-Photocopy – 3/5
.7 SWFS (Seafarers’ Welfare Fund Society) on concluding employment-Photocopy – 3/5
.8 Employer/Employer’s Agent-Photocopy – 3/5
Collective Bargaining Agreement (CBA)
A collective agreement or collective bargaining agreement (CBA) is a special
type of commercial agreement, usually as one negotiated “collectively” between
management (on behalf of the company) and trades unions (on behalf of
employees). The collective agreement regulates the terms and conditions of
employees in their workplace, their duties and the duties of the employer. It is
usually the result of a process of collective bargaining between an employer (or a
number of employers) and a trade union representing workers.
It is a Bi-party Agreement. This is the document which details all the terms and
conditions of the crew employed on the ship. It specifies entitlements such as pay
(in the form of a wage scale), working hours, etc.
ITF STANDARD COLLECTIVE AGREEMENT
1 January 2015
1. Application
2. Duration of Employment
3. Wages
4. Allotments
5. Hours of Duty
6. Overtime
7. Holidays
8. Non-Seafarers Work
9. Watchkeeping
10. Rest Period
11. Manning
12. Shorthand Manning
13. Medical Attention
14. Sick Pay
15. Paid Leave
16. Loss of Life-Death in Service
17. Service in Warlike Operations Areas
18. Disability
19. Insurance cover
20. Repatriation
21. Food, Accommodation, Bedding, Amenities, etc.
22. Subsistence Allowance
23. Crew’s Effects
24. Termination of Employment
25. Equality
26. Personal Protective Equipment
27. Ship Board Safety Committee
28. Maternity
29. Membership Fees, Welfare Fund and Representation of Seafarers
30. Breach of Agreement
31. Amendment of the Agreement
32. Waivers and Assignments