Njord - Mislov, Mauro - Za Slanje PDF

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T H I S SEAFARER EMPLOYMENT AGREEMENT (“SEA”) is made on the date specified

in the Schedule

B E T W E E N:

(1) Employer Njord Crewing (Guernsey) PCC Ltd of PO Box 112 St Martins House Le
Bordage St Peter Port Guernsey GY1 1BR (the “Employer”)

and

(2) Seafarer whose name and address appears at Item 1 in the Schedule hereto on the
date set out in Item 2 of the Schedule hereto (the “Seafarer”)

WHEREAS:

(A) Employer has entered into a Crew Provision Agreement with the Vessel Owners Gimle
Shipping Limited, Madliena Shipping (Jersey) Ltd and Ventus Marine Limited (together
the “Owners”) to employ, manage and deploy crew for the Owners’ owned, chartered
or managed Vessels (the “Vessel”).

(B) Employer has entered into a Crew Administration Agreement with Njord Offshore Ltd
(the “Ship Manager”) for crew administration services in respect of the seafarers
employed by the Employer for the Vessel.

(C) This SEA requires the Employer, Ship Manager and the Owners employing seafarers
to abide on the terms and conditions as per Maritime Labour Convention, its
amendments and statutory requirements.

NOW IT IS HEREBY AGREED AND DECLARED as follows: -

1. NATURE OF EMPLOYMENT:

i) The Employer shall employ the Seafarer to carry out the job according to his or her
qualifications and experience, the title of which appears at Item 3 in the Schedule hereto.
The Seafarer shall undertake to serve the Company competently and shall undertake that
they possess, and will exercise, the skill commensurate with the certificates that they
declare to hold

ii) The Seafarer shall follow the guidelines and adhere to the Vessel charterer and the Ship
Manager’s Quality, Safety and Management System (“QSMS”).

iii) The Seafarer is expected to conduct themselves in a professional manner, acting at all
times with respect to colleagues, clients, flag states and personnel with whom they have
dealings with on behalf of the Employer, Ship Manager and the Owners.

iv) Minimum age of employment shall be 18 years old.

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2. TERM OF THE EMPLOYMENT:

The Seafarer’s employment with the Employer shall commenced on the date set out in Item 2
of the Schedule, for the fixed period of each Assignments offered and accepted by both parties
or until this SEA is terminated by either party in line with Item 7 of the Schedule or in
accordance with Clause 11 (the “Term”). During the Term, Seafarer will be rostered to work
based on certain fixed work pattern or schedule on the Vessel as determined by the Ship
Manager (the “Assignments”) and as outlined in Clause 5 and such period may be extended
or reduced for operational convenience.

3. TRAINING PERIOD

On commencement of employment, the seafarer shall enter a training period. The training
period shall be increased or decreased at the discretion of the Ship Managers based on the
Seafarer’s performance (“Training Period”). During this period, both the Seafarer and the
Employer shall be entitled to terminate the employment prior to the expiry of the Training
Period. The cost of repatriation in such an event shall be the responsibility of the party who
gives notice of termination and Clause 12 shall not apply.

4. PLACE OF WORK:

The Seafarer is employed to work at the Place set out at Item 4 in the Schedule hereto and
such other place or places as the Ship Manager and Owners may reasonably require and
agreed by the Seafarer.

5. ASSIGNMENTS, WORK PATTERN AND HOURS OF WORK:

i) The Seafarer will be employed to operate the Vessel based on a work pattern or schedule
as determined by the Ship Manager as and when they may require to meet the operational
requirement of the Vessel. The length of each Assignment shall be 21 consecutive days
(or another period as agreed between the Ship Manager and the Seafarer) on board the
Vessel but may vary depending on operational requirements of the Ship Manager. No
leave or holidays should be taken during the Assignment unless agreed by the Ship
Manager.

ii) The Employer shall be under no obligation to offer an Assignment to the Seafarer nor will
the Seafarer be under any obligation to accept the Assignment but once accepted they will
be bound by the terms of this SEA. If the Seafarer accepts an Assignment they shall:

a) be obliged to complete the Assignment;


b) receive a minimum of 10 (Ten) hours of rest in each 24 (Twenty Four)- hour
period and a minimum of 77 (Seventy Seven) hours of rest in each 7 (Seven)-
day period. This minimum period of rest shall not be reduced except in the
event of an emergency necessary for the immediate safety of the Vessel,
persons onboard or cargo or for the purpose of giving assistances to other
ships or persons in distress at sea; and
c) be provided with adequate period of rest as soon as practicable if the Seafarer
performed work in an emergency situation during a rest period.

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iii) Records of Seafarer daily hours of rest shall be maintained to allow for monitoring of
compliance with the SEA.

6. REMUNERATION

i) The Seafarer shall only be paid for the days worked in each Assignment as per the rate
set out in Item 6 of the Schedule.
ii) The Seafarer will receive an additional allowance, as set out in Item 6 of the Schedule for
food and sundries unless this is provided for by the Ship Manager, Owners or the Vessel
Charterer.
iii) Training Rates, under Clause 3, are defined in Item 6 of the Schedule.
iv) Travel Days are unpaid but are taken into consideration in the Seafarer’s Salary. In the
event that travel is required overnight, a day of the travel will be payable at the rate set out
in Item 6 of the schedule.
v) The Salary, as defined in Item 6 of the Schedule shall accrue from day to day and shall be
payable in arrears by monthly instalments via BACS directly into the Seafarer’s designated
bank account on or around the 15th day of each month for Assignments that were
completed in the prior calendar month.
vi) The payroll runs from the 1st of the month until the last day of the month and is processed
on the last Friday of the month. The Ship manager shall prepare a timesheet detailing any
assignments, or part assignments worked within the month which shall be checked by the
Seafarer. Any amendments are required to be submitted by the seafarer to the Ship
Manager by the 25th day of each month.

7. LEAVE PAY & SHORE LEAVE :

i) The Seafarer is entitled to payment of leave pay as per item 6 of the Schedule but not less
than 2.5 days per month (or pro rata for any part of the month) inclusive of public holidays
for each rotation in the Assignment.

ii) The Seafarers shall be granted shore leave to benefit their health and well-being after the
end of each rotation in the Assignment.

8. TRAVEL AND ACCOMMODATION

i) When the Seafarer travels overseas for the Assignment, the Ship Manager shall arrange
and pay for all hotel and transportation charges and in case of travel by air, maximum
luggage allowance is 30 kg.

ii) In the event that the Ship Manager request the Seafarer to arrange and pay for some
aspects of their travel, the Seafarer must ensure every reasonable effort has been made
to arrange the travel in the most economical way possible. If the travel cost is not
reasonable, the Ship Manager and Employer may refuse to reimburse the Seafarer.

iii) The Seafarer must keep and present all original receipts if available. Travel expense
claims must be made within four weeks of the travel. For any expenses incurred in the
United Kingdom the Seafarer must (where possible) obtain a VAT receipt.

iv) Expense claims must be made following the guidelines set out by the Ship Manager.

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v) The Seafarer will be accommodated on board the Vessel for each Assignment. In the
event that this is not operationally possible, the Ship Manager will arrange and pay for
onshore or offshore accommodation for the Seafarer.

vi) The Seafarer may make free use of the ships internet system for a reasonable amount of
time, taking account of the Vessel operational requirements, for communication with their
family.

vii) The Seafarer shall keep their quarters and communal spaces clean and tidy at all times.

9. TAXATION AND SOCIAL INSURANCE CONTRIBUTIONS:

Unless agreed otherwise, it is the Employers responsibility to discharge promptly all Income
Tax, National and Social Security payments and all other statutory obligations arising in any
jurisdiction in connection with the Seafarer’s earnings.

10. SICKNESS. PHYSICAL INJURY AND MEDICAL ATTENTION:

i) If the Seafarer becomes sick or injured while on an Assignment, the payment of their
Salary will continue as per Item 6 of the Schedule until the Seafarer has been repatriated
in accordance with the repatriation provisions set out in Clause 12.

ii) After the Seafarer has been repatriated, the Seafarer shall be entitled to sick pay at the
rate equivalent to the Salary in Item 6 of the Schedule for the duration of their assignment
including any future agreed assignments while they remain sick up to a maximum of 16
weeks subject to the submission of satisfactory medical reports.

iii) If sickness or injury occurs when a Seafarer is on the Assignment, the Seafarer will have
free access to any medical care available on board the Vessel including medical treatment
and the supply of necessary medicines and therapeutic devices and board and lodging
away from home until recovery or until the sickness or incapacity has been declared of a
permanent nature, subject to a maximum period of 16 weeks. Where practicable and
appropriate, the Seafarer will be given leave to visit a qualified medical doctor or dentist in
ports of call for obtaining treatment.

iv) The Employer shall not bear any expenses arising out of any illness or disease caused by
misconduct or illness or disablement arising from attempted suicide, the misuse of drugs,
excessive consumption of alcohol, participation in any hazardous activities except when
endeavouring to save human life, and the performance of any unlawful or wilful act. For
avoidance of doubt, the Employer shall also not be responsible for any illness or disease
which is not a direct consequence of the Seafarer’s employment in this SEA.

v) In the case of physical injury to the Seafarer during and related to the employment,
resulting in permanent, partial or total disability or death, but excluding disability due to
wilful acts, self-inflicted or not a direct consequence of the Seafarer’s employment in this
SEA:

a) Permanent Partial Disablement.

The degree of partial disablement will be assessed by medical experts instructed by


the Employer or P&I Club. The indemnity will be calculated in accordance with the
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rules and custom for same in force, at the time of accident, in the country of the
Seafarer’s permanent abode. This provision does not however apply to a Seafarer
living in the United States of America or its dependent territories.

b) Permanent Total Disablement or Death

The indemnity payable to the Seafarer, in the case of permanent total disablement, or
to the Seafarer’s immediate dependents, in the case of death, will be calculated as
follows:

1. (two) times the total annual basic wage.


2. increased by 25% (twenty-five percent) of same per dependent child.

vi) In the case of death, the Employer will pay the costs of burial where appropriate or required
by local legislation and any repatriation costs for the body and personal effects.

11. TERMINATION OF EMPLOYMENT

i) The Seafarer and Employer are obliged to give the notice required in Item 7 of the
Schedule to terminate the employment except for compassionate grounds or other urgent
reasons and force majeure events to which shorter notice depending on the circumstance
is allowed.

ii) The Employer reserves the right to terminate the Seafarer’s employment without notice if
the Seafarer is found to be guilty of the following misconduct:

a. Neglect or breach of contract.


b. Insubordination to a master or the Ship Manager (excluding refusal to obey orders
requiring the Seafarer to sail on a unseaworthy Vessel, act illegally or sail into a
warlike area)
c. Consumption of alcohol on duty.
d. Intoxication from illegal substances.
e. Fighting or seriously disputing with other crew members or the client.
f. Breach of confidentiality.
g. Conduct that in the opinion of the Ship Manager is unsuitable for the continued
employment of the seafarer.
h. Breaking the laws of a country where the Vessel is operating or transiting.
i. Any other act which the Employer or Ship Manger considers to constitute gross
misconduct or gross negligence.

Upon termination of the Seafarer’s employment under this sub clause the Seafarer’s
entitlement to any or all benefits or entitlements deriving from or otherwise related to
the Seafarer’s employment whether or not contained in this SEA shall cease. The
Employer is also entitled to recover from the Seafarer’s balance of wages in part or in
whole the costs involved with repatriating the Seafarer together with such costs
incurred by the Ship Manager as are directly attributable to the misconduct.

12. REPATRIATION

i) The Employer shall arrange and pay for the repatriation of the Seafarer to their home
address as per Item 1 of the Schedule in the following circumstances:

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a) Termination of the SEA except for termination arises under Clause 11(ii).
b) In the event that the Vessel is proceeding to a Warlike Operations Area or the
event of termination or interruption of employment in accordance with an
industrial award or collective agreement.
c) At the end of each rotation in the Assignment.
d) In circumstances where the Seafarer is no longer able to carry out their duties
under this SEA or cannot be expected to do so e.g. shipwreck, the sale of the
Vessel or a change in Vessel’s flag registration.

13. DISCIPLINARY, DISPUTE AND GRIEVANCE PROCEDURES

The Employer and Ship manager wish to ensure that any disciplinary, disputes and grievances
are dealt with promptly and fairly and do not interfere with the development of good industrial
relations practices and safe and reliable ship operations. The Seafarer shall refer to the Ship
Manager’s handbook, which will be provided when they join the Vessel for the applicable rules
and procedures.

14. PERSONAL PROTECTIVE EQUIPMENT

i) The Employer or Ship Manager shall provide the necessary personal protective equipment
in accordance to with IMO/ISM regulations and the Ship Manager’s QSMS or any
applicable national regulations.

ii) The Seafarer is expected to wear the personal protective equipment supplied for the
nature of the job under each Assignment when required.

iii) The Seafarer should use and take care of personal protective equipment at their disposal
and not misuse them. Personal protective equipment remains the property of the Vessel

15. PERSONAL EFFECT

i) When the Seafarer suffers total or partial loss of, or damage to their personal effect
EXCLUDING the cash and jewellery, 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 own fault or through theft or
misappropriation they shall be entitled to receive from the Employer compensation up to
a maximum of GBP1,500 (GBP One Thousand and Five Hundred).

ii) The Seafarer shall certify that any information provided with regard to lost property is true
to the best of their knowledge.

16. HEALTH AND SAFETY

The Seafarer shall familiarise themselves with and comply with any Health and Safety policy
of the Ship Manager in force from time to time and shall at all times take all necessary steps
to safeguard the health and safety of their colleagues and the client’s personnel on board the
Vessel.

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17. CERTIFICATION AND DOCUMENTS

i) The Seafarer shall ensure that they have all valid travel documentation (such as passports,
visas & travel insurance) in place and that is valid for at least six months prior to the date
of each rotation for the Assignments.

ii) The Seafarer must notify the Employer immediately of any changes to passport details,
insurance details or any endorsements or penalties on their driver’s license.

iii) The Seafarer must be in possession of a valid medical fitness certificate (ENG1 or
equivalent). Where the Employer or Ship Manager has any doubt as to the validity of the
Seafarer’s medical certificate they reserve the right to ask the Seafarer to undertake an
independent medical assessment.

iv) It is the Seafarer’s responsibility to ensure that they are in possession of all valid
certificates required for their role as defined The Schedule during Vessel operations and
flag state’s safe manning requirement.

v) In the event of the Seafarer not having the required documentation which results in the
Vessel operations being disrupted, disciplinary actions will be taken against the Seafarer
including possible dismissal and termination of the SEA.

vi) The Seafarer must advise the Employer of any changes in personal information or expiry
of certification immediately.

18. DEDUCTIONS FROM SALARY:

The Seafarer agrees, that as a term of this SEA, the Employer has the right to make
deductions from the Seafarer’s salary to recover any of the following:-

(a) Any overpayment of wages, expenses, or any other payment in excess of contractual
entitlement howsoever arising

(b) Any debt owed by the Seafarer to the Employer or Ship Manager (which may include,
without limitation, any fines or penalties received by the Employer or Ship Manager or
Owners as a result of an act or omission of the Seafarer, or any agreed training
expenses with the Seafarer which was paid on behalf by the Employer or Ship
Manager.

(c) Any other amount in respect of which the Seafarer gives written authorisation to the
Employer to make such deduction

19. PENSION BENEFITS

i) The Seafarer will be auto enrolled on the NEST Pension scheme. The Seafarer shall
be informed by the Employer in writing.

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ii) The Employer shall be entitled to deduct from the Seafarer’s Salary any amounts
payable by the Seafarer to such pension scheme as the Employer is using from time to
time.

20. CONFIDENTIALITY

i) The Seafarer must not disclose any trade secrets or other information of a confidential
nature relating to the Employer, Ship Manager and Owners during or after their
employment unless as required by law. The Seafarer must not post online (through
Facebook, Twitter or any other form of social media) information relating to their
employment without the prior written approval of the Employer or Ship Manager.

ii) The Seafarer must not remove any documents, or tangible items, which contain any
confidential information that belong to the Employer, Ship Manager and Owners at any
time without proper advanced authorisation.

iii) The Seafarer must return to the Employer and Ship Manager upon the termination of their
employment, all documents and tangible items that contain any confidential information
that belong to the Employer, Ship Manager and Owners and which are in their possession
or under their control.

iv) The Seafarer must, if requested by the Employer or Ship Manager, delete all confidential
information from any reusable material and destroy all other documents and tangible items
which contain or refer to any confidential information and which are in their possession or
under their control.

v) The Employer will hold personal information about the Seafarer as personnel records and
not disclose this information unless for relevant third parties or the authorities and
government agencies.

21. LAW AND JURISDICTION

This SEA is governed by and will be construed in accordance with English law and is subject
to the exclusive jurisdiction of the English courts.

22. CHANGES IN REGULATIONS

The Employer reserves the right to amend any term of this SEA following any updates and
amendments of applicable laws or regulations to ensure its ongoing compliance.

23. ENTIRE AGREEMENT:

This SEA represents the entire agreement between the Employer and the Seafarer and
replaces any previous contracts, agreements, representations, promises, proposals,
communications or understandings of whatsoever nature.

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The undersigned Seafarer has been given the opportunity to review and seek advice on
the terms and condition in the SEA and the Schedule and freely accepts them before
signing.

…………………………......................………………….………………
Signature of Seafarer Mauro Mišlov (Apr 19, 2022 17:10 GMT+2)

Name: Mauro Mislov

Signature of Employer …………………………….. ……… (on behalf of Owners)

Name: Kia Pinchemain

Designation: Personnel Administrator

Guernsey
Place where this Agreement is entered into ………………………….……
Apr 19, 2022
Date when this Agreement is entered into ……..…………………….…...

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