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Article 16: Termination of Employment
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Part IV
Exercise I. Read and translate the first part of IBF Framework TCC Agreement using the words and expressions given below:
Article 16: Termination of Employment
16. 1 The employment shall be terminated
a) upon the expiry of the agreed period of service identified in APPENDIX 1; b) when signing off owing to sickness or injury, after medical examination in accordance with Article 22, but subject to the provision of Article 26.
16. 2 The Company may terminate the employment of a seafarer:
a) by giving one month’s written notice to the seafarer;
b) if the seafarer has been found to be in serious default of his employment obligations in accordance with Article 21;
c) upon the total loss of the ship, or when the ship has been laid up for a continuous period of at least one month or upon the sale of the ship.
16. 3 A seafarer to whom this Agreement applies may terminate employment:
a) for justified reasons, by giving one months notice to the company;
b) when, during the course of a voyage it is confirmed that the spouse or, in the case of a single person, a parent, has fallen dangerously ill. This provision shall also be applied with regard to the partner of a seafarer provided that this partner has been nominated by the seafarer at the time of engagement as the seafarers next of kin;
c) if the ship is about to sail into a warlike operations area, in accordance with Article 17 of this Agreement;
d) if the seafarer was employed for a specified voyage on a specified ship, and the voyage is subsequently altered substantially, either with regard to duration of trading pattern;
e) if the Ship is certified substandard in relation to the applicable provisions the Safety of Life at Sea Convention (SOLAS) 1974, the International Convention on Loadlines (LL) 1966, the Standards of Training Certification and Watchkeeping Convention (STCW) 1995, the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 (MARPOL) or substandard in relation to ILO Convention No. 147, 1976, Minimum Standards in Merchant Ships as supplemented by the Protocol of 1996 and remains so for a period of 30 consecutive days provided that adequate living conditions and provisions are provided on board or ashore. In any event, a Ship shall be regarded as substandard if it is not in possession of the certificates required under either applicable national laws and regulations or international instruments;
f) if the ship has been arrested and has remained under arrest for 30 days;
g) if after any agreed grievance procedure has been invoked, the Company has not complied with the terms of this Agreement;
16. 4 A seafarer shall be entitled to receive compensation of two months’ basic pay on termination of their employment in accordance with 19. 2(a) and (c), 19. 3(c), (d), (e), (f) and (g) above and Article 24. 1.
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16. 5 It shall not be grounds for termination if, during the period of the agreement, the Company transfers the seafarer to another vessel belonging or related to the same owner/manager, on the same rank and wages and all other terms, if the second vessel is engaged on the same or similar voyage patterns. There shall be no loss of earnings or entitlements during the transfer and the Company shall be liable for all costs and subsistence for and during the transfer.
Article 17: Misconduct
17. 1 The Company may terminate the employment of a seafarer following a serious default of the seafarers employment obligations which gives rise to a lawful entitlement to dismissal, provided that the Company shall, where possible, prior to dismissal, give written notice to the seafarer specifying the serious default which has been the cause of the dismissal.
17. 2 In the event of the dismissal of a seafarer in accordance with this clause, the Company shall be entitled to recover from that seafarer’s balance of wages the costs involved with repatriating the seafarer together with such costs incurred by the Company as are directly attributable to the seafarers proven misconduct. Such costs do not, however, include the costs of providing a replacement for the dismissed seafarer.
17. 3 For the purpose of this Agreement, refusal by any seafarer to obey an order to sail the ship shall not amount to a breach of the seafarers employment obligations where:
a) the ship is unseaworthy or otherwise substandard as defined in Clause 19. 3 e);
b) for any reason it would be unlawful for the ship to sail;
c) the seafarer has a genuine grievance against the Company in relation to the implementation of this Agreement and has complied in full with the terms of the Company's grievance procedure, or
d) the seafarer refuses to sail into a warlike area.
17. 4 The company shall ensure that a fair, effective and expeditious on-board procedure is in place to deal with reports of breaches of employment obligations and with seafarers complaints or grievances. The procedures shall allow seafarers to be accompanied or represented during the procedure and provide safeguards against victimization for raising complaints that are not manifestly vexatious or malicious.
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