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GENERAL AGREEMENT MADE BETWEEN SEAMEN EMPLOYMENT
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It is mutually agreed between the Seamen Employment Control Division. Department of Marine Administration, Ministry of Transport, Union of Myanmar (here in after called S.E.C.D.) and the |
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( here in after called the Company ) that the S.E.C.D. agrees to supply and the Company agree to employ Myanmar Seamen who are registered with S.E.C.D.. consisting of officers and ratings for serving on board the vessels owned / managed or operated by the Company, in accordance with terms and conditions contained in this agreement. |
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The Company undertakes full settlement of wages as shown against their names and repatriation to the original port of engagement on termination of the contracted period subject to conditions stated in this agreement. |
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The law for the time being in force in the |
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shall apply to this agreement and the same shall be interpreted and applied in accordance with such laws and the parties here to hereby agree submit to the jurisdiction of the Courts of the |
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DIRECTOR |
COMPANY |
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SEAMEN EMPLOYMENT CONTROL DIVISION |
Dated: …………………………. 200
A. TERMS AND WORKING CONDITIONS
MEMBERS OF THE CREW : Total number of crew including the Master for the particular vessel shall be as agreed between S.E.C.D. and the Company but not less than International requirements.
The Master, Mates, Engineers and Radio Officers shall be competent and licensed for their respective and crew shall be physically and mentally fit for their services.B. SERVICE
1. DURATION : The period of employment with the Company will be ( 12 ) months from the date of signing on onboard the vessel at the original port of engagement, or date of departure from the original port of engagement, if joining elsewhere. On expiry of ( 12 ) months duration if the vessel has not arrived at any of the ports of normal repatriation which are convenient to the Company, this agreement will be automatically extended for maximum further period of ( 2 ) months, without any additional remuneration. If the Company is unable to repatriate the Seaman for any reason whatsoever ( 2 ) months after expiry of the agreement, the Seaman will be entitled to additional extension allowance with effect from date of expiry to the date of repatriation. The Company may, at its direction, repatriate any Seaman within ( 1 ) month before date of expiry of agreement, if convenient.
2. EXTENSION : This agreement may be extended by mutual agreement for the further period of six months at the discretion of the Company and written application by the Seaman, not later than one month before expiry in which case, ratings will be entitled to 25% of basic wages and officers will be entitled to 10% of basic wages as Extension Allowance with effect from date of completion of the initial agreement.
3. RE-EMPLOYMENT : If the Company wishes to re-employ the said Master, Officers and Crew, they shall be given a letter to the effect that they are in the Company’s employment and shall be paid one-half of their wages during, their stay ashore, which shall not exceed SIX MONTHS.
Wages increase and other alterations by this agreement shall apply to all vessels employing Myanmar Crew.4. TRADING LIMITS : The Seaman will be employed onboard the vessels lawfully trading within limits and ports prescribed by ship, Articles of Agreement.
5. NOTICE OF TERMINATION : The Company shall be at liberty to terminate this agreement with any Seaman by giving two weeks notice of termination in writing or by cable or paying ( 14 ) days wages in advance to terminate within ( 24 ) hours without given any reason and will be responsible for repatriation of the Seaman. The Seaman will also give two weeks written notice of termination subject to approval and confirmation of S.E.C.D. Yangon or refund ( 14 ) days wages in lieu, in which case he shall be responsible for his own repatriation and transportation cost of his relief.
6. COMPENSATION : If and when the vessel has been lost, wrecked, sold of the voyage otherwise frustrated, which may necessitate termination of the agreement, the Seaman will be entitled to compensation as stated below unless the Company can offer continuation of employment on another vessel until expiry of the agreement in the same rank and capacity, in which case no compensation shall be payable. Should seaman refuse such continuation of employment, he will not be entitled o any compensation. But if due to lack of time, the Company requires to repatriated the Seaman to the port of origin before rejoining the vessel of transfer the Company will pay 50% of the basic wages from the date of repatriation till the rejoining the vessel and if the Company fails to re-employ at the end of two months of waiting the Seaman shall be entitled to the compensation accordingly.
Compensation for services on onboard.
( a )
Up to ( 6 ) months service
- ( 2 ) months basic wages.
( b )
If more than ( 6 ) months
Up to ( 12 ) months service- ( 1 ) month basic wages.
( c )
For extended service after
Initial ( 12 ) months service- ( 1 ) month basic wages.
7. LOSS OF EFFECTS OR DAMAGE BY MARINE PERIL : The scale of maximum compensation as may be current and agreed shall apply in every case where a Seaman suffers total or partial loss or damaged to his personal effects, as a result of the wreck loss stranding or abandonment of the vessel on which he was engaged or as a result of fire flooding or collision there on excluding loss or damage occasioned ( 1 ) by the claimant’s own fault and (2) by misappropriation larceny or theft and will entitle the Seaman to recover from the Company compensation to the value of the loss or damaged or in accordance with the scale annexed here to payment for compensation for loss of effects is conditional on production of a certificate sign by the Master or his deputy that the loss was not occasioned under clauses ( 1 ) and ( 2 ) above. In the event of a Seaman losing his life at the time, compensation for loss of effects will be paid to his widow or child or other person entitled to his personality. The compensation for loss of personal effects of such deceased Seaman will be two months pay as payable by the Company.
C. WAGES, REMUNERATION & WORKING HOURS
1. WAGES & REMUNERATION : The wages and remuneration for officers and ratings who have entered into this agreement shall be as mentioned against their names in the agreement and stated herein and it, has been clearly understood that they shall not be entitled to any other payment or compensation whatsoever, except as stated in this agreement.
2. WORKING HOURS : Working hours will be, in total, ( 44 ) forty four hours per week, which may be regulated as far as practicable as follows:
( a ) DAYMEN :
Mondays to Fridays Eight hours daily.
Saturdays Four hours daily.( b ) WATCHKEEPERS :
Eight hours daily, total watch keeping and
to be compensated with overtime payment in excess of (44) hours.( c ) CATERING STAFF :
Tea hours total normal work daily and to
be compensated with overtime payment in excess of (44) hours.3. OVERTIME :
All ratings will be entitled to overtime payment at the rates prescribed against their names in this agreement.
Record of overtime work will be maintained by each head of department on board from daily information provided by Deck Bosun, Fitter or Engine Room Bosun and Chief Steward respectively and agree mutually.
No allowance will be granted for overtime work perform in emergency affecting safety of the vessel, passengers, crew or cargo of which the Master shall be the sole judge or for exercising fire boat and emergency drill or for general cleaning of quarters.
Overtime payment will be credited to Seaman’s wages in the portage bill at the end of each month and cash payment will not be made in advance.
As compensation for overtime work performed by Officers have been incorporated in leave pay, Officers are not entitled to any separate overtime payment but are required to perform overtime work if and when required.
PUBLIC HOLIDAYS : Public holidays which are applicable to Myanmar shall be in accordance with Annexure ( A ) in order to maintain essential services or attend to break downs whether at sea or import during such days, Seaman may be required to perform essential work required by the Master or Chief Engineer for which ratings will be compensated by overtime payment.
FULL WAGES : Seaman shall be entitled to full wages with effect from date of leaving the port of engagement or signing on onboard the vessel whichever is earlier, until the date of arrival at the original port of engagement. If repatriated after completion of agreement and until the date of signing off the vessel. If repatriated at his own request.
STANDBY WAGES : Seaman shall be entitled to
standby half-wages, which may either be drawn at the original port of
engagement or onboard at their option from date of signing this agreement
until the day before departure from port of engagement if they are not already
on Company’s standby list.
CASH ADVANCE AND BALANCE OF WAGES : Seamen may draw cash against
the wages already earned in the currency of the port at prevailing rate of
exchange. Balance of wages may be drawn in the currency prescribed in the
agreement. If it is not possible for the Company to make such provisions
S.E.C.D. should be consulted. Under no circumstances must Seamen be made to
sign final account of wages without any settlement.
FAMILY ALLOTMENT : Each seamen shall make his family allotment in
accordance with instructions issued by S.E.C.D. No family allotment may be
made for the month of joining and repatriation unless desired by the Seamen.
The Company shall arrange regular monthly remittance of Seamen’s allotment
to S.E.C.D. for disbursement at regular intervals without any charge to the
Seamen. The Seamen is not permitted to stop his family allotment and any
request by Seamen to delay or stop his allotment is to be ignored by the
Company.
1. SENIOR OFFICERS : Masters, Chief Engineers, Chief Officers and Second Engineers are entitled to 20% of their pay as leave pay after completion ( 12 ) months service onboard or pro rata at the rate of ( 5 ) days per month of service.
2. OTHER OFFICERS AND CHIEF STEWARD : are entitled to ( 60 ) days leave pay after completion of ( 12 ) months service onboard including compensation for overtime and holidays, or pro rata.
3. RATINGS : Ratings are entitled to ( 48 ) days leave pay after completion of ( 12 ) months service or pro rata.
4. PAYMENT : Payment of leave pay shall as far as practicable, be effected at the port of discharge or remitted in accordance with Seamen’s request after signing off the vessel.
5. PERIOD OF SERVICE : For calculation of leave the period of service shall be reckoned from date of joining the vessel until date of signing off.
6. ENTITLEMENT : Only Seamen who have fulfilled the contract and completed the full period of service will be entitled to leave pay. The Company may, however grant leave on pro rata basic to these Seamen who have been repatriated by the Company through no fault of their own, or those who have requested repatriation on compassionate grounds, provided their character and conduct are satisfactory. Seamen who are repatriated due to misconduct or termination of contract by ( 2 ) weeks notice by the seamen will not be granted any leave pay.
1. The Seamen agree to conduct themselves in an orderly faithfully, honest and sober manner, diligent in their duties at all times and to be obedient to the lawful command of this Master and superior Officers, and to act in accordance with the regulations for maintaining discipline as prescribed in the Articles of Agreement of the ship, they also agree to mutually assist one another in the working of the ship and in any emergency including mooring and unmooring the handling of cargo, ship’s stores baggage etc.. if so required.
2. COMPLAINT AND GRIEVANCES : The Seamen agree to represent to Master through respective head of department, any complaint or grievances including any alleged breach of this agreement in a quiet and orderly manner. If the Seamen is unsatisfied with the decision or action of the Master, he may forward his complaint through the Master to the Company with a copy to S.E.C.D., Yangon. The Company will advice its decision to the Master and to S.E.C.D., Yangon. If the Seamen is still unsatisfied with the decision of the Company he may forward his views to the S.E.C.D., Yangon through the Company who will refer to S.E.C.D., Yangon. The Company shall not take any action concerning any complaint from the Seamen which is not represented through the Company.
3. SHORE LEAVE : Shore leave shall be granted at the discretion of the Master. In the event of Authorities at the Port call refusing shore leave to any or all of the ship’s crew the Seamen agree to remain onboard and shall under no circumstances strike, protect or take part in any action which may result in impeding the efficient working of the vessel.
4. SMUGGLING : If any Seamen is connected with any act of smuggling whereby loss or damage is occasioned to the Master or the Company, he shall be liable to pay the Company, a sum sufficient to reimburse the loss or damage, and the whole or proportionate part of his wages may be retained on account of the liability without prejudice to any further remedy. Any Seamen who is found to be involved in smuggling is liable to be dismissed and repatriated for misconduct.
5. WEAPONS : No Seamen shall be allowed to carry or to have in their possession, any deadly weapons.
6. GAMBLING, LIQUOR AND DRUGS : Gambling of any form onboard the vessel is prohibited and will be considered as an act of misconduct liable to fine and dismissal. No liquor shall be brought onboard or consumed, and Seamen shall not resort to use of drugs.
7. DECLARATION OF CURRENCY AND PERSONAL EFFECTS : Before arrival at any port, Seamen are obliged to declare all their possessions, including currency according to the custom of the port and may be required to hand over to Master for safe custody or any custody of their own.
8. DISCHARGE DUE TO MISCONDUCT : The Company reserves the right to discharge any of the Seamen at any port due to insobriety misconduct neglect of duty insubordination of a criminal act failure to rejoin and unruly behavior detrimental to maintaining discipline onboard in which case Seamen shall forfeit all claims to balance of wages and savings as well as any other rights under this agreement. The Company will advise S.E.C.D., Yangon full particulars of such cases duly supported by extracts from official ship’s log book and other evidence.
9. HYGIENE AND VACCINATION : ( a ) The Seamen shall keep their quarters and communal spaces clean and tidy to the satisfaction of the Master. This work is to be performed outside normal working hours and no overtime shall be admissible.
( b ) The Seamen shall submit to the regulations of the port of call to have such vaccination or inoculation or to take such medicine or precautionary measures for safeguarding the health of himself and other crew members.
F. REPATRIATION
1. NORMAL REPATRIATION : The Company shall be responsible for repatriation of the Seamen to the original port of engagement after completion of this agreement.
2. ON MEDICAL GROUNDS : The Company will also be responsible for repatriation of the Seamen to the original port of engagement due to illness or injury of so recommended by the Company Doctor. The Semen shall be responsible for his own repatriation if he should refuse treatment at the port of call.
3. ON COMPASSIONATE GROUNDS : The Seamen will be responsible for his own repatriation prior to completion of the agreement, if he so request in which case he may also be liable for transportation and joining expenses at the port relief.
4. DUE TO MISCONDUCT : If a Seaman repatriated due to misconduct or any serious in disciplined offence, or due to failure to join his repatriation expenses will be deducted from balance of his wages and savings.
5. SECURITY AGAINST REPATRIATION EXPENSES : The Seamen agree that 10% of his basic wages may be retained monthly by the Company at security against repatriation expenses on Seaman’s account which may be set off against such expenses together with his accrued wages. The sum which will, otherwise, be considered as savings may not accumulate more than ( U.S.$ 300 ) in case of ratings and ( U.S.$ 600 ) in case Officers and shall be refunded to the Seaman upon completion of agreement.
6. FREE BAGGAGE ALLOWANCE : The Seamen shall when repatriated Company’s account upon termination of the agreement be entitled free baggage pay allowance of 30 kilos. The Seamen agree to pay them selves or deduct form their final balance of wages expenses for baggage in excess of this allowance for which the Master may retain this sum until actual repatriation.
7. ACCOMMODATION : The Company will be responsible for accommodating the Seamen ashore after leaving the vessel prior to repatriation according to arrangements made by the Company. However if the Seamen should wish to remain ashore beyond this date with the approval of the Immigration authorities he shall bear all such expenses from the date he should have repatriated.
G. MEDICAL ASPECTS
1. MEDICAL EXAMINATION : All Seamen will undergo a proper medical examination by the Company medical officer prior to engagement. During the term of this agreement if it should appear that he has made a false or misleading statement regarding his health, the agreement may be terminated automatically by the Company and the Seamen shall be liable for all expenses for treatment and repatriation.
2. MEDICAL TREATMENT : The Company will provide medical treatment and hospitalization, if necessary due to illness or injury of the Seamen with the medical officer / hospital arranged by the Company or it’s Agents.
3. DENTAL TREATMENT : The Company will bear expenses for tooth extraction or filling in the nature of first aid. All other dental expenses shall be borne by the Seamen.
4. MEDICAL LEAVE & SICK PAY : The Company shall pay the Seamen his full wages for a maximum period of ( 12 ) weeks as sick pay from the time he leaves the vessel for medical treatment until the arrival at the original port of engagement or the rejoins a vessel of the Company after being declared fit. After expiry of the said medical leave period of ( 12 ) weeks, and if the attending medical officer declares further medical treatment to be required the Seamen shall be entitled to 50% of his wages up to a further period of ( 12 ) weeks.
If on repatriation the Seamen is still suffering from total or partial incapacity, he shall continue to receive 50% of his wages until the degree of permanent incapacity has been assessed by the Company’s P & I Club and the Authorities of the Country of Ship’s registry.
5. COMPENSATION : The Company shall pay to the Seamen workmen compensation in accordance with the schedule of compensation mentioned in Annexure F for any case of death and also for total or partial incapacity during the course of his employment with the Company. It shall not cover injury or death which is self inflicted. In order to pay such compensation the Company shall be responsible to keep insurance policies to cover with effect from the date of Seamen’s departure from the port of engagement or signing on onboard the vessel whichever is earlier until the date of his arrival at the original port of engagement if repatriated after completion of agreement or until the date of signing off the vessel if repatriated at his own request.
6. BURIAL OR CREMATION : The Company shall bear all expenses for funeral burial or cremation if a Seaman dies abroad in the course of employment and cost of transporting his personal effects and ashes if cremated to the port of engagement.
H. VICTUALLING AND BONDED STORES
1. The Company shall provide sufficient food and provisions in accordance with the scale of provisions prescribed in the articles of agreement. If there is no fixed scale each Seaman shall be rate of U.S.$ 4.50 per day as a victualling allowances, in order to manage their own messing.
2. MESSING ALLOWANCE : When provisions are not provided by the Company as stated above, the Seamen will be entitled to a victualling allowance ( U.S.$ 4.00 ) for ratings and ( U.S.$ 5.00 ) for Officers in order to manage their own messing.
3. STORES AND PROVISIONS : Stores and provisions which are provided by the Company are only for use and consumption onboard ship by the Seamen, and any unused or unconsumed stores or provisions shall remain the property of the Company. Seamen shall not take ashore, shall destroy or give away such stores.
4. BONDED STORES : The Seamen may purchase from the Master bonded stores consisting of cigarettes and beer only which will be issued according to the approval of the custom authorities at the port of call and charged to the Seamen in their portage bill.
I . ALLOWANCES AND EXTRA PAYMENTS
1. HOLD CLEANING PAYMENTS : Whenever the crew are required to cleaning ship’s holds and bilges for the purpose of receiving cargo to the satisfaction of surveyor, a lump sum as per Annexure ( B ) depending on the class of ship will be paid to the Seamen to be divided equally among those participated in cleaning. No overtime payment may be claimed for such work.
2. HATCH OPENING / CLOSING PAYMENT : Whenever crew required to open / close cargo hatch covers including between deck covers and removal of beams for the purpose of working cargo in place of stevedores according to the custom of the port call they shall received a lump sum payment as per Annexure ( C ) depending on the class of ship and type of hatch covers to be equally shared by the deck crew. No overtime payment may be claimed for this work and this payment shall not be applicable to opening / closing hatches at sea or in port for ventilation inspection, or maintenance purposes.
3. DECK CARGO LASHING PAYMENT : Whenever the Seamen are required lash / unlash cargo which is stored on deck to the satisfaction of the Master and the Surveyor, the deck crew shall be paid (U.S.$ 20.00) per 100 tons of cargo lashed for the voyage, which shall be equally shared by them. No overtime may be claimed for this work.
4. ENGINE OVERHAUL PAYMENT : Whenever engine ratings are required to perform piston overhauling work on main engines payment as per Annexure ( D ) may be equally shared by them for which no overtime payment may be claimed. Extra payment for Boiler cleaning, Scavenge cleaning and cleaning of Fuel / Lub oil tanks shall also be as per Annexure (E) and, it has been clearly understood that no other extra payment expect as stated in this agreement shall be admissible in connection with engine maintenance work. All work mentioned above for which extra payment entitled shall be duly certified by the Second Engineer.5. WAR RISK BONUS : The Seamen will be entitled to war risk bonus of one hundred per cent of his basic wages, when the vessel enters a war zone, or zone of war-like operation, which is defined in the instituted clauses of hull insurance and declared by the Underwrites, until departure from this zone.
6. DANGEROUS CARGO ALLOWANCE : The Seamen will be entitled to an allowance of 15% of their basic wages for ratings and 10% for Officers when the vessel carries more than 200 Tons of cargo which is explosive, Inflammable or dangerous in nature and defined as Class I, from the date of loading to the date of discharge.
7. AUSTRALIAN WATER ALLOWANCE : The Seamen are entitled to an allowance of 10% of their basic wages for Officers and 20% for the ratings from the date of arrival at the first Australian port until departure from the last Australian port during any voyage, as special compensation.
8. WINTER CLOTHING ALLOWANCE : The Seamen will be granted an advance equivalent to ( U.S.$ 75.00 ) for the deck department and ( U.S.$ 50.00 ) to engine and saloon department to purchase warm clothing which will be granted as an allowance on completion of six months service, provided the vessel has already traded in the following area during winter season.
NORTHERN HEMISPHERE :
16th Oct. to 15th April.
(i) The Atlantic
(ii) The Mediterranean
above Lat. 36 deg. N
(iii) The Pacific
SOUTHERN HEMISPHERE :
16th April to 15th Oct.
below Lat. 30 deg. SThis allowance is to be refunded to the Company if the Seamen does not complete six months service minimum by deduction from balance of wages.
9. EXTRA ALLOWANCES :
( a ) A Far Trade Allowance of basic wages shall be payable to the Master and the crew during the time the vessel is trading outside of the area which shall be bounded as follows : -
( 1 ) The International Date Line.
( 2 ) Longitude 60 East.
( 3 ) Latitude 60 North.
( 4 ) The Equator.( b ) Dirty Cargo Allowance of 10% of basic wages shall be payable to the Seamen when the vessel carries dirty cargo, such as Cement, Ore, Coal etc: from the date of discharge.
( c ) Tanker Allowance of 30% of basic wages shall be payable to the Master and the crew if engaged for the Tanker.
( d ) Short-Hand Allowance of 50% of basic wages shall be payable to the Seamen of the department concerned if the short-handed period the vessel is on charter.
( e ) Charter Bonus of 10% basic wages shall be payable to the crew hire the vessel is on charter.
J. REQUIREMENTS
1. The company shall pay to S.E.C.D. account the fees of U.S.$ 4.00 per crew member per month from date of engagement till the date of expiration of the contract for administrative charge such as processing formalities for selection disbursement of family allotments and keeping and updating individual records for crew member of the company.
2. The company shall pay to S.E.C.D. account in addition to the above the incidental charges for telexes, telephone postage and sending and meeting crew incurred by S.E.C.D. in connection with the company’s interest.
3. For current expenditure U.S.$ 5000.00 or equivalent of one month’s wages whichever is more to be deposited to Shipping Master’s account as impress money. This contract is valid for one year and review able after one year if either party so requests.
4. The company undertakes to co-operate for the training of Deck and engineering personnel in accordance with the requirements of department of marine administration and agreed to select suitable trainees through S.E.C.D.
ANNEXURE ( A )
PUBLIC HOLIDAYS APPLICABLE TO MYANMAR SEAMEN
Myanmar Independence Day
4th January
Union Day
12th February
Full moon of Tabaung
Full Moon in March
Peasant day
2nd March
Resistance day
27th March
Myanmar Water Festival
1 day ( out of 3 days )
13th , 14th, 15th AprilMyanmar New Year
16th April
Full Moon of Kason
Full moon in May
International Workers’ Day
1st May
Martyr’s Day
19th July
Full Moon Of Waso
Full Moon in July
Full Moon of Thindingyut
Full Moon in October
Full Moon of Tazaungdaing
Full Moon in November
Myanmar National Day
19th November
ANNEXURE ( B )
|
Grain Capacity |
Per Hold |
Amount |
|
Under |
2,000 M |
U.S.$ 40 |
|
Over |
2,000 M |
U.S.$ 50 |
|
Over |
4,000 M |
U.S.$ 70 |
|
Over |
6,000 M |
U.S.$ 80 |
|
Over |
9,000 M |
U.S.$ 90 |
|
Over |
12,000 M |
U.S.$ 100 |
In case that wing tanks are cleaned to prepare for loading cargo, total space of two wing tanks shall deemed to be one compartment.
|
No. |
Description of Work |
Rates of Payment |
|
1. |
Hold sweeping with broom |
Same as basic rate |
|
2. |
Hold cleaning with water |
20% additional to basic rate |
|
3. |
Hold cleaning with saw dust or chemical cleaner |
10% additional to basic rate |
|
4. |
Hold sweeping with complete disposal of barks in a log carrier or hold sweeping with complete disposition of damages etc., in ship carrying steel products or general cargo. |
20% additional to basic rate |
ANNEXURE ( C )
HATCH OPENING / CLOSING PAYMENT
Hatch opening and closing work :
Extra work allowance for opening and closing of hatches shall be payable as follows :
For Pontoon hatch cover U.S.$ 30 per hatch per operation.
For Wooden board hatch cover U.S.$ 50 per hatch per operation.
For Macgregor hatch cover U.S.$ 90 per hatch per operation.
For Automatic Steel hatch cover, where manual labour required only for removal and replacement of wedges and clips US$ 5. No : 2 Hatch to be considered as two hatches. However in case of either opening or closing hatches such allowance to be half allowance.
ANNEXURE ( D )
ENGINE OVERHAUL PAYMENT
|
(MAIN ENGINE PER PISTON) |
SCAVENGE |
GENERATOR ENGINE |
||
|
CYLINDERING |
COMPLETE |
H.P |
AMOUNT |
|
|
MM |
U.S.$ |
U.S.$ |
U.S.$ |
|
|
Under 400 |
30 |
40 |
Under 150 |
50 |
|
Over 400 |
35 |
40 |
Over 150 |
60 |
|
Over 600 |
40 |
50 |
Over 300 |
70 |
|
Over 750 |
45 |
60 |
Over 500 |
80 |
ANNEXURE ( E )
( a ) BOILER CLEANING PAYMENT AMOUNT PAYABLE TO ENGINE CREW
Capacity of Boiler
Under 3000 kg / hr
U.S.$ 25
Over 3000 kg / hr
U.S.$ 40
Over 5000 kg / hr
U.S.$ 50
Over 10000 kg / hr
U.S.$ 60
( b )
FUEL / LUB OIL CLEANING
PAYMENT TANK CAPACITY ( k / td )AMOUNT PAYABLE TO
CREWU.S.$
Under 2
6
Over 2
10
Over 5
15
Over 10
20
Over 20
30]
WAGES AND ALLOWANCES
( ALL WAGES ARE IN U.S. DOLLARS )
|
NO. |
RANK |
BASIC WAGES |
ALLOWANCES |
|
|
PER MONTH |
PER HOUR |
|||
|
1. |
MASTER |
1,600 |
300 |
|
|
2. |
CHIEF MATE |
1,200 |
300 |
|
|
3. |
2 ND MATE |
800 |
300 |
|
|
4. |
3 RD MATE |
600 |
250 |
|
|
5. |
CADET / E. CADET |
200 |
- |
|
|
6. |
R. O. |
650 |
250 |
|
|
7. |
CHIEF ENGINEER |
1,600 |
300 |
|
|
8. |
2 ND ENGINEER |
1,200 |
300 |
|
|
9. |
3 RD ENGINEER |
800 |
300 |
|
|
10. |
4 TH ENGINEER |
600 |
250 |
|
|
11. |
5 TH ENGINEER |
500 |
100 |
|
|
12. |
JUNIOR ENGINEER |
400 |
100 |
|
|
13. |
E. O. |
600 |
250 |
|
|
14. |
E. MATE |
350 |
100 |
|
|
15. |
FITTER |
350 |
100 |
2 PH |
|
16. |
BOATSWAIN |
350 |
|
2 PH |
|
17. |
CARPENTER |
325 |
|
2 PH |
|
18. |
ASST : BOATSWAIN |
325 |
|
2 PH |
|
19. |
A / B. Q / M |
290 |
|
1.80 PH |
|
20. |
O. S. |
220 |
|
1.30 PH |
|
21. |
NO. 1 OILER OR ER BOATSWAIN |
350 |
|
2 PH |
|
22. |
OILER |
290 |
|
1.80 PH |
|
23. |
WIPER / DAYMEN |
220 |
|
1.30 PH |
|
24. |
CHIEF STEWARD |
350 |
|
2 PH |
|
25. |
CHIEF COOK |
350 |
|
2 PH |
|
26. |
2 ND COOK / CREW COOK |
290 |
|
1.60 PH |
|
27. |
STEWARD / G.S. / MESSBOY |
220 |
|
1.30 PH |
ANNEXURE ( F )
ADDENDUM TO AGREEMENT BETWEEN
And
THE SEAMEN EMPLOYMENT CONTROL DIVISION YANGON MYANMAR
This addendum covers compensation for permanent injury or death to Myanmar Seamen occurring during the course of contract. It shall not cover injury or death which is self-inflicted. Shipping Company will at all times keep covered insurance policies to pay such compensation according to the following rank.
|
Schedule of Compensation |
Maximum Compensation |
|
|
1. |
Master and Chief Engineer |
U.S.$ 75,000.00 |
|
2. |
Chief Officer and 2nd Engineer |
U.S.$ 62,500.00 |
|
3. |
Other Officers |
U.S.$ 50,000.00 |
|
4. |
Ratings |
U.S.$ 25,000.00 |
Compensation shall be paid to a Seaman as follows:-
|
Result of Injury |
% of Maximum |
||
|
1. |
Death |
100 % |
|
|
2. |
Total and Permanent Disablement |
100 % |
|
|
3. |
Total Paralysis or Injuries |
100 % |
|
|
Resulting in being Permanently bedridden |
100 % |
||
|
4. |
Dismemberment |
100 % |
|
|
a. |
Loss of two limbs |
100 % |
|
|
b. |
Loss of both hands or of all fingers and both thumbs |
100 % |
|
|
c. |
Total loss of sight of both eyes |
100 % |
|
|
d. |
Loss of arm at shoulder |
100 % |
|
|
e. |
Loss of arm between shoulder & elbow |
100 % |
|
|
f. |
Loss of arm at elbow |
100 % |
|
|
g. |
Loss of arm between elbow & wrist |
100 % |
|
|
h. |
Loss of hand at wrist |
100 % |
|
|
i. |
Loss of Leg |
- at hip |
100 % |
|
|
|
- between knee & hip |
100 % |
|
|
|
- below knee |
100 % |
|
j. |
Eye : Loss of |
- whole eye |
100 % |
|
|
|
- sight of |
100 % |
|
|
|
i. sight of except |
100 % |
|
|
|
perception of light |
50 % |
|
|
|
ii. lens of |
50 % |
|
k. |
Loss of four fingers & thumbs of one hand |
50 % |
|
|
l. |
Loss of four fingers |
40 % |
|
|
m. |
Loss of thumb |
- both phalanges |
25 % |
|
|
|
- one phalanx |
10 % |
|
n. |
Loss of index finger |
- three phalanges |
10 % |
|
- two phalanges |
8 % |
||
|
- one phalanx |
4 % |
||
|
o. |
Loss of middle finger |
- three phalanges |
6 % |
|
- two phalanges |
4 % |
||
|
- one phalanx |
2 % |
||
|
p. |
Loss of ring finger |
- three phalanges |
5 % |
|
- two phalanges |
4 % |
||
|
- one phalanx |
2 % |
||
|
q. |
Loss of little finger |
- three phalanges |
4 % |
|
- two phalanges |
3 % |
||
|
- one phalanx |
2 % |
||
|
r. |
Loss of metacarpals |
- first or second |
|
|
- ( additional ) |
3 % |
||
|
- third, fourth or fifth |
|||
|
- ( additional ) |
2 % |
||
|
s. |
Loss of toes |
- all |
15 % |
|
- great, both phalanges |
5 % |
||
|
- great, one phalanx |
2% |
||
|
- other than great, if more than one toe lost, each |
1 % |
||
|
t. |
Loss of hearing |
- both ears |
75 % |
|
- one ear |
15 % |
||
|
u. |
Loss of speech |
50 % |
|
|
v. |
Permanent
disabilities not mentioned above shall be compensated in occupation |
||
|
w. |
Permanent total loss of use of member shall be treated as loss of member. |
||
|
x. |
The total compensation payable in respect of several disablements due to the same accident is arrived at by adding together the various sums, but shall not exceed the capital sum insured. |
||
|
y. |
The aggregate of all percentages payable in respect of any one accident shall not exceed 100%. |
||
5. The insurance cover is to be in force 24 hours each day.
6. DISAPPEARANCE
If the insured Seaman disappears and his body is not found within one year after his disappearance and sufficient evidence is produced that leads to the conclusion that he sustained accidental bodily injury and that such injury caused his death, compensation under this insurance shall be paid provided that the persons to whom such payment is made shall sign an undertaking to refund the sum if the insured Seaman is subsequently found to be living.
7. BENEFICIARIES
The S.E.C.D. shall determine for each case in accordance with Myanmar Laws the identity of the heir / s of dead Seaman and shall inform Shipping Company the identity of the beneficiary or beneficiaries and the divisor of the compensation due to each beneficiary. The Company shall pay compensation in accordance with such information and recommendation.
|
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