Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

Standard Terms and Conditions (STC)

All floating staff personnel signing the SEA will be governed by the following conditions of service. Application of any of the
service conditions laid down herein will commence from the time of his engagement.

1. OFFER AND ACCEPTANCE


ASeafarer by signing the Appointment letter issued by the Company shall indicate his acceptance of Company’s employment as
per the terms and conditions detailed herein.

2. PLACEMENT
The Company will place the Seafarers on Vasant 1and they will be employed under owners of the Vessel (Triumph Offshore P
Ltd)

3. EMPLOYMENT/PROBATION / CONFIRMATION
The Seafarers will be offered a posting in a particular rank after satisfactory interview and medical examination.

The first (6) six weeks of service during the first term of employment with the Company, shall be regarded as probationary and
both the Seafarer and /or the Company shall be entitled to terminate the employment prior to the expiry of the tenure during this
period. In such event the cost of repatriation shall be the responsibility of the party who gives notice of termination, but the
compensation for premature termination of employment provided in clause 12 SECTION 4 shall not apply.

If aSeafarer is promoted, the first six weeks of service on higher rank will be considered to be probationary period. If the
Seafarer is found unable to perform the duties of the rank he is promoted to, the Company reserves the right to revert the
Seafarer to the earlier held rank. In case the Seafarer refuses to accept the same, he will be repatriated at the Company’ expense.
The Seafarer must comply with the Company’ extant rules and regulations and any lawful instructions.

The Company reserve the right to terminate employment of any Seafarer if he is found connected with any anti-social element /
terrorist group.

4. MEDICAL EXAMINATION
All Seafarers will be required to undergo a medical examination at the Company’s Expenses by a designated doctor of the
Company before engagement and thereafter prior to each assignment to a vessel. The Seafarer will voluntarily present himself
for medical examination for various urine and blood tests as required, inclusive of HEPATITIS, VDRL & AIDS. He must
supply the Doctor, true and detailed information of his past and present health condition. Failure to do so may affect the
Seafarer’s entitlement to compensation as per Cl 26.

All Seafarers of age 45 years and above will also be required to undergo Stress Test (Tread Mill test) prior assignment to a
vessel, at intervals of at least once every year.

The Seafarer will be required to carry the original medical examination report to the vessel he is joining, to be handed over to the
Master. The cost of this examination will be for the account of the Company.

5. DRUG & ALCOHOL POLICY

Seafarers’ attention is drawn to the drug abuse regulations laid down by the authorities of various countries. Any infringement
by the seafarer may incur heavy penalties and /or prosecution on him and he will not be defended by the Company.

At the time of joining/rejoining a vessel, aSeafarer is required to give an undertaking that he is not a habitual user of drugs, other
than at times when prescribed by doctors for medication. Further he will voluntarily present himself for “Random tests” towards
Drug & Alcohol as and when required by the Company. If the seafarer found is violating the D & A policy then action may be
taken against him as per the Company’ policy.

Any violation of these rules which may necessitate repatriation will be on Seafarer’s account.

6. CERTIFICATES / DOCUMENTS

The Company may assist the Seafarers in making application and obtaining foreign licenses or certificates in order to meet
vessel’s flag country requirements on certification of seafarers. All expenses in obtaining such certificates will be to the
Company’s account. The Company will bear the cost involved in obtaining any necessary visas or permits which may be
required to allow you to enter or remain in any particular are on the Company’s business.

Page 1 of 7 Rev.4 01 Mar 2023


The Seafarer, at the time of joining a vessel must have the following certificates/ documents valid at least for two months more
than the duration of the forthcoming period of service. (All originals to be carried on board): -

Certificate of Competency and Flag State License required for the post.
Revalidation and STCW endorsement (where applicable).
Certificates of all required STCW course completed.
Passport / Travel document (including visas as required)
Seaman Book (National / Flag state where applicable)
International vaccination certificate in respect of small pox, cholera and yellow fever.
Certificate for any extra courses which the Seafarer may have attended.
Any other documents as may be required by the Flag State of the vessel.

7. PERIOD OF TENURE
The period of each tenure of service shall be as follows when the vessel is working in FSRU mode:

RANK Months

Senior Officers 2
Junior Officers 4
Ratings 6

A tenure different from the table above may be agreed upon between the Company and a Seafarer and the tenure mentioned in
SEA will supersede the above mentioned.

Tenure shall commence from the day of departure from the International Airport in India/Mumbai for the purpose of joining a
vessel and cease on the date of the Seafarer’s termination of service on board the vessel.

Every effort shall be made by the Company to ensure that aSeafarer is relieved on completion of his tenure, subject to the vessel
being in port/country from where the Seafarer can be repatriated conveniently. However, the Company may, to suit their
operational convenience, extend /reduce the period of tenure by a maximum of +/- 30 days. In case the Company requests for
extension of tenure on board over & above (Tenure + 30 days) due to unavailability of reliever, Bonuswill be paid to the
Seafarer on pro-rata basis of half the Basic wages which will be termed as PSB (Prolonged Service Bonus) and will be
apportioned as indicated in the corresponding Wage-scale for thatrank. (Applicable for Indian Flag vessels for seafarers having
contract duration of 4 months are more)

Reasonable notice to the Company must be given to sign off from the vessel on unusual circumstances. Any such request must
reach the Company at least one month prior to the requested date of relief.

Extension of tenure is at the Company’ discretion and subject to the approval of the Master and/or Chief Engineer.

8. WAGES / INCREMENT
ASeafarer will be paid monthly wages made up of the following during his tenure as per the wages scale applicable to him.

1. Basic wages
2. Overtime compensation
3. Provident Fund
4. Payment in lieu of leave earned
5. Other allowances as applicable
The wages commence from the date of departure from the last international airport in the home country of the seafarer. For the
purpose of calculating wages, a calendar month shall be regarded as having 30 days.
6.The annual increment will be on actual completion of 7 months service in the rank and vessel type.

9. TRAVEL ARRANGEMENTS / JOINING & REPATRIATION


Unless otherwise herein provided, the cost of travel from the country where the Seafarer commenced his services hereunder (the
“Place of Engagement”) to the port of embarkation of the Vessel and from the port of discharge to the Place of Engagement shall
be at the expense of the Employer

Page 2 of 7 Rev.4 01 Mar 2023


All Senior Seafarers i.e., Master & Chief Engineer are required to visit manning office at Mumbai, if required by the managers
after their sign off from vessel for debriefing purpose. All arrangement including hotel stay, airport transfer & air ticket to home
town will be arranged /reimbursed by the Company.

When air travel is involved, all seafarers will travel by economy class and Seafarers shall limit the weight of their baggage to 30
Kgs (23Kgs Check-in +7Kgs Hand baggage). Any charge made by airlines by reason of aSeafarer exceeding this weight shall be
paid by the seafarer himself.

If a seafarer is called from his home town to the manning office at Mumbai, to complete pre-joining formalities then the
Company will reimburse his expenses on actual basis, up to maximum at the rate of US$125.00 per day towards his board,
lodging and travel if any. This amount will be credited to him on board vessel.

Anytime while staying in a hotel on the Company’ account, the Company will be responsible for lodging and meals allowance
only. ASeafarer shall settle his personal expenses towards phone calls, mini-bar in hotel room, pay channel television, bar,
laundry, cigarettes etc. prior to leaving the hotel.

The Company undertake to repatriate the seafarers so employed if stranded at any place as well as to look after their reasonable
maintenance.

10. TRANSIT ALLOWANCE


After completion of tenure aSeafarer shall be paid following towards transit allowance.

1. Master/Chief Engineer - two (2) days basic wages.

2. Other Seafarers and ratings – two (2) days basic wages.

A Seafarer who has not completed his tenure due to any reason other than sale of the vessel will not be entitled to this allowance.
This would be credited to him with the final BOW.

11. EARLY TERMINATION OF TENURE

SECTION 1
ASeafarer may prematurely terminate his tenure anytime by serving one-month notice in writing. The Company shall endeavor
to relieve him as requested at a convenient port, however he will be responsible for his own repatriation cost and hotel charges,
if any. If aSeafarer insists on relief after completion of notice at a port inconvenient to the Company, he will then be responsible
for the travel cost of his reliever as well.

However, when aSeafarer requests relief during his probation period provisions of clause 3 Paragraph 2 will be applicable.

In the event of aSeafarer terminating his tenure prior to completion of his probationary period or prior to the Company’
acceptance of the termination notice, the Company reserve the right to recover from him all costs and/or losses incurred which
would not have arisen, had he fulfilled his tenure or served proper notice of termination. This cost recovery will not be limited to
his own repatriation inclusive of agency fees, hotel stay only. Total expense of relieving seafarer will also be included.

SECTION 2
An Seafarer shall be entitled to terminate his employment immediately if the ship is certified un-seaworthy in accordance with
the provisions of Safety of Life at Sea Convention (SOLAS) 1974, or ILO Convention No.147, 1976 ( Minimum Standards in
Merchant Ships) by a competent authority e.g. authorized classification surveyor acting on behalf of flag-state or seafarers from
maritime administration of flag state) and the ship seafarers are being compelled to sail on the vessel without any
repairs/rectification to the ship condition by the ship managers.
SECTION 3
The Companies shall not be entitled to terminate employment of aSeafarer prior to the expiry of his period of engagement
specified in Clause 7 except only that the Company may discharge aSeafarer:
(i) upon the total loss or the sale of the Ship, or
(ii) when the Ship is expected to be laid up for a continuous period of at least one month, or
(iii) upon the misconduct or negligence to duties of the Seafarer giving rise to a lawful entitlement to dismiss, or
(iv) when the Seafarer is repatriated in accordance with Clause 13 or,
(v) when a doctor authorized by P&I Club declares the Seafarer unfit for duty owing to sickness or injury.
vi) by giving one month notice to the Seafarer
vii) If the seafarer fails the company’s drug & alcohol test.

Page 3 of 7 Rev.4 01 Mar 2023


In case aSeafarer is discharged as per SECTION 3 (iii) above, he will be entitled to wages only up to and including the date of
termination of service, but he will be responsible for his own repatriation expenses, the repatriation expenses of the relieving
seafarer and also for all costs and/or losses incurred which would not have arisen, had he not been discharged.

The Company shall ensure that a fair, effective and expeditious onboard procedure is in place to deal with reports of misconduct
and with seafarers’ complaints or grievances. The procedure shall allow seafarers to be accompanied or represented during
procedure and provide safeguards against victimization for raising complaints that are not manifestly vexatious or malicious.

SECTION 4
ASeafarer shall be entitled to receive compensation of two months basic pay on termination of his employment whenever the
termination is because of conditions described in Section 3 para (i), (vi) & (vii).
(iv) when the Seafarer is repatriated in accordance with Clause 13.

SECTION 5
For the purposes of this Agreement refusal by any Seafarer to obey an order to sailon the Ship shall not amount to misconduct of
the Seafarer where:
(i) the Ship is declared un-seaworthy as defined in SECTION 2 above, by a competent authority and the seafarer is being
compelled to sail on the vessel without remedial measures for unseaworthy being in place.
(ii) for any reason it would be unlawful for the Ship to sail, or
(iii) the Seafarer has a genuine grievance against the Company in relation to implementation to STC.

12. RELIEF ON COMPASSIONATE GROUNDS


The Company shall endeavor to relieve aSeafarer in case of death/serious illness of an immediate relation. An immediate
relation is defined as Seafarer’s wife and children and in case of a single person the Seafarer’s own parents.

The seafarerwould be required to bear his own repatriation cost including agency fees and hotel charges. (Childbirth will not be
considered, for compassionate ground reimbursement.)

13. OTHER FLAG LICENSE / SEAMAN BOOK


The Company will bear the expenses towards the issue of Maltese/or any other flag state certificates/Seaman book in case
aSeafarer is required to obtain the same for service on board certain flag vessel.

Unless otherwise required by the Company for planning purposes, medical reasons and compassionate grounds, if aSeafarer
does not complete his tenure on board the vessel due to any other reason, then the cost towards the license fees/seaman book etc.
will be deducted from his wages prior signing off the vessel and the documents will be handed over to him.

14. STCW COURSES / CERTIFICATES


All the mandatory STCW courses related with aSeafarer’s certificate of competency is his own responsibility.

15. TRAINING / ADDITIONAL COURSES


The Company intend to carry out special training of the Seafarers at their designated training centers. For such training, the
Company will provide suitable board and lodging during the training and travel cost from/to the Seafarers’ home town to/from
the training centers.

16. ALLOTMENT
All Seafarers will be entitled to send monthly allotments as per allotment procedure advised by the Company. One allotment per
month through the Company will be free of cost to the Seafarers.

17. ADVANCES
All Seafarers are allowed to draw advances on board the ship up to the limit of balance wages in their credit. Advances will
normally be in local currencies however the Company will endeavor to arrange advances in US Dollar where possible.

18. FINAL ACCOUNT


The Master after considering all deductions will prepare the final accounts of wages of aSeafarer and pay him on board in US
Dollar prior to his signing off the vessel. However, in the case of non-availability of US Dollar on board the vessel, Seafarers
will have the options of either receiving the balance of wages in local currencies equivalent to his due wages or agree to an
allotment as full and final settlement of balance of wages to his nominated bank account.

Page 4 of 7 Rev.4 01 Mar 2023


The Master will issue a salary certificate towards the gross earning of the Seafarer for the financial year/years he has served on
board the vessel (Financial year is termed from 1st April to 31st March of the following year).

19. UNIFORM
All seafarers will be required to wear proper uniform of his rank

20. MAIL
The Company will bear the expenses of dispatch of crew mail from the vessel, barring parcels/packets/
newspaper/magazines/greeting cards etc.

Free E/Mail for personal use will be as per the Company’ policy.

21. INSURANCE
During the tenure of service, the seafarers will be insured under P & I cover against death, disability, sickness, injury etc. In case
of any claim, the compensation will be as per MUI-INSA/NUSI-NMBAgreementas amended.

22. DEATH/DISABILITY/INJURY/MEDICAL TREATMENT

a) Loss of Life-Death in service


If aSeafarer dies through any cause whilst in the employment of the Company, including death from natural causes and death
occurring whilst travelling to and from the vessel, or as a result of marine or other similar peril, but excluding death due to
willful act on part of the Seafarer, the Company shall pay the sums as specified in MUI-INSA/NUSI-NMBAgreement as
amended

Disability
As per MUI-INSA/NUSI-NMB Agreement as amended

Medical attention
ASeafarer shall be entitled to immediate medical attention when required.

ASeafarer who is hospitalized abroad owing to sickness or injury, shall be entitled to medical attention (including
hospitalization) at the Company’ expense for as long as such attention is required or until the Seafarer is repatriated to the port of
engagement, whichever is earlier.

ASeafarer, repatriated to his port of engagement unfit as a result of sickness or injury shall be entitled to medical attention
(including hospitalization) at the Company’ expense. All facilities and support to be provided as per MUI-INSA/NUSI-NMB
Agreement as amended.

d) Wages during sickness / injury


As per MUI-INSA/NUSI-NMB Agreement as amended

e) Dental/Optical treatment
Dental and optical treatment for aSeafarer excepting infection and/or extraction will not be paid for by the Company.
Replacement of damaged spectacles if caused by an accident during the course of the Seafarer’s work without fault or
negligence by the Seafarer will be at the Company’ expense.

23. LOSS/DAMAGE OF PERSONAL EFFECTS


As per MUI-INSA/NUSI-NMB Agreement.

24. SWFS Contribution


The Company will contribute such amount to the SWFS Fund as is required by RPS requirements (Appliable
for Indian seafarers)
25. SERVICE IN WAR RISK AREAS
During the assignment aSeafarer shall be given full information of a war zone’s inclusion in the ship’s trading pattern and shall
have the right not to proceed to warlike operations area. In such event he shall be repatriated at the Company’ cost with benefits
accrued until the date of return to the port of engagement.
b. Where a ship enters into an area where warlike operations are taking place, the Seafarer will be paid a bonus equivalent
to the daily basic wage for the duration of the ship’s stay in such area subject to a minimum of five (5) days’ pay. In addition,
the compensation for disability or death specified in Clause 26 of this service terms and conditions, which may be caused by
warlike activities shall be doubled.

Page 5 of 7 Rev.4 01 Mar 2023


c. A warlike operation’s area will be as per mutual understanding or agreement between relevant union & through the
Company.
d. ASeafarer shall have the right to accept or decline the assignment without risking losing his employment or suffering
any other detrimental effects.

Where a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships, wages and other
entitlements under the seafarers' employment agreement, shall continue to be paid during the entire period of captivity and until
the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death as determined in
accordance with applicable national laws or regulations.

26. WORKING HOURS


Normal working hours will be 8 hours per day. However,Seafarers will be required to work during such hours and times as may,
from time to time be required by the Master and/or those designated by the Master. Any overtime worked when required at the
discretion of the Master/designated person will be without any additional payment over and above the amount specified under
wages.

27. INCOME TAX

The salary as mentioned in the SEA is paid in USD without deduction of any Tax, subject to Government regulations. It is the
Seafarers responsibility to deal with their personal taxation liability. It is advisable that officers are in possession of Permanent
Account Number (PAN Card). The officer is responsible for all personal taxation whether of an income or capital nature in
relation to the income from the employment.
In the event that Registered OWNER or its agent pay’s such taxes on seafarer’s behalf, the seafarer shall indemnify the
Registered OWNER and its agent against all such payments it may make in respect thereof. It will be the officer’s responsibility
to ensure, if required by any Government or recognized authority, to remit any portion of earning to the state / authority in
question.

28. FAMILY CARRYING


All officers(except 3O/4E) with limit of 2 families may be permitted to have families on board, subject to Company’s exclusive
confirmation and subject to complying with the following,

a) No Seafarer will be allowed to carry family during probationary period (six weeks).
b) Vessel’s life boat capacity is not exceeded
c) Once approved by Master/Chief Engineer, a formal request including indemnity form duly filled must be sent to the
Company in good time for approval.
d) The Company accepting above request
No joiners will be allowed to carry family for the first six weeks after the delivery / takeover of a new vessel whether from the
yard or otherwise.
Seafarers may be allowed to carry family without any time restriction however no one will be allowed to join a vessel with
family. It is suggested that family join only after the Seafarer has settled down on board. Further family stay on board except for
Master, C/E, C/O, 1AE, & G/E, will be limited to maximum 4 months in case the seafarer is rejoining a vessel, he may be
permitted,at company’s discretion, to join with family.
At no time there could be more than two wives and two children on board.
Age of child/children must be above 2year in case of all seafarers and below 18 years
Family must cover themselves by Medical Insuranceprior joining a vessel
The company will bear the cost of joining /signing off (flights)of the family members of aseafarerentitled & permitted to carry
family One way (whichever is expensive), once in a year. Family will include wife & a maximum of2 children over 1 year &
below 18 years.
Undertaking must be given by all Seafarers wishing to carry their family on board that they will agree to sign off their family at
any port if required by the Company to accommodate other crew complement or if the Company consider it unsafe for family to
be on board due to vessels future load/discharge schedule or due to national laws relating to carriage of supernumeraries on
board.
The seafarers wishing to carry family will arrange for their family’s medical examination prior joining vessel by company’s
Doctor. They will also be required to sign on Indemnity Bond.

The victualing cost on board the vessel for the family will be borne by the Company
The cost of joining and repatriation will be on Seafarers’ own account.The seafarers must ensure that the family members carry
required visas for the countries, the vessel is expected to visit including booking

Page 6 of 7 Rev.4 01 Mar 2023

You might also like