Articles of agreement for employment of seafarer Contractual clauses/terms and conditions
- 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.
- 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.
- 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.
- 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.
- 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.
- In relation to an individual seaman, this agreement may be terminated –
- by mutual consent;
- if medical evidence indicates that a seaman is incapable of continuing to perform his duties by reason of illness or injury;
- if a seaman is absent without leave at a time fixed for sailing; or
- if in the opinion of the master, continued employment of the seaman is likely to endanger the vessel or any person on board.
- The five original and three photocopies will ultimately remain with persons/bodies as detailed below:
- Master on board the ship – 1/5
- Seafarer – 2/5
- Shipping Master (on concluding employment and settlement of wages) – 3/5
- Employer/employer’s agent – photocopy of 3/5 and – 4/5
- Shipping Master on commencing employment – 5/5
- SPFO (Seamen’s Provident Fund Orgn.) on concluding employment-Photocopy 3/5
- SWFS (Seafarers’ Welfare Fund Society) on concluding employment- – 3/5 Photocopy
- Employer/Employer’s Agent-Photocopy – 3/5
Article of agreement is required by every flag. Indian flag requirements on AOA are given in ms act. Foreign flag also have article of agreement to be signed onboard when u join a ship. AOA is separate from SEA. SEA is a ILO (MLC) requirement which incorporates a CBA where all terms n conditions of the employment are mentioned as agreed between the union and employer. Flag states which have ratified MLC also require a SEA even though they have requirements on AOA.
So, if u join an Indian ship, u sign AOA (signed by employer representative i.e. RPSL company and you. Master signs onboard) and ALSO u sign a SEA which is MLC requirement.