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UNIT II. IBF Framework TCC Agreement. Part II. Article 5: Duration of Employment. Article 6: Hours of Duty. Article 7: Overtime
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UNIT II
IBF Framework TCC Agreement
Part II
Exercise I. Read and translate the first part of IBF Framework TCC Agreement using the words and expressions given below:
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 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 either;
a) Eight hours per day from Monday to Friday and four hours on Saturday; or
b) 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 shall be handed to the seafarer for approval every month or at shorter intervals. Both copies must be signed by the Master and/or Head of the Department as well as by the seafarer, after which the record is final. One copy shall be handed over to the seafarer.
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: Rest Periods
8. 1 Each seafarer shall have a minimum of 10 hours rest in any 24 hour period and 77 hours in any seven-day period.
8. 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.
8. 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.
8. 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.
8. 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.
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8. 6 A short break of less than 30 minutes will not be considered as a period of rest.
8. 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.
8. 8 The allocation of periods of responsibility on UMC 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.
8. 9 Records of seafarers daily hours of rest shall be maintained to allow for monitoring of compliance with this Article.
Article 9: Wages
9. 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.
9. 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.
9. 3 Any wages not drawn by the seafarer shall accumulate for their account and may be drawn as a cash advance twice monthly.
9. 4 For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.
9. 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.
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