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UNIT III. IBF Framework TCC Agreement. Part III. Article 12: Manning. Article 13: Shorthand Manning. Article 14: Warlike Operations / High Risk Area
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UNIT III
IBF Framework TCC Agreement
Part III
Exercise I. Read and translate the first part of IBF Framework TCC Agreement using the words and expressions given below:
Article 12: Manning
12. 1 The Ship shall be competently and adequately manned so as to ensure its safe operation and the maintenance of 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.
12. 2 In addition, the manning of each ship shall be determined by the agreement between the Company and the Union with whom the agreement is concluded.
12. 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:
a) persons engaged for security purposes should not undertake other seafarers’ duties;
b) only specific tasks authorized by the master can be carried out by the riding squads;
c) classification societies are to be informed of any survey or structural work carried out in compliance with IACS UR Z13*;
d) all riding squads must be covered by agreements in line with ILO conventions and recommendations; and
e) riding squads should not be used to replace current crew or be used to undermine ITF agreements.
Article 13: Shorthand Manning
13. 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 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 14: Warlike Operations / High Risk Area
14. 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.
14. 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.
14. 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.
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· 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.
14. 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.
14. 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 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 is safely 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 necessary.
Article 15: Crew’s Effects
15. 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.
15. 2 The seafarer shall certify that any information provided with regard to lost property is true to the best of their knowledge.
15. 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.
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