UNIT NO 5

RESPONSIBILITIES OF EMPLOYER AND SEAFARER

EMPLOYER
● Shipowner
● Ship management Company
● Crew management company
● Charterer (Bareboat)

Responsibilities of Employer towards the seafarer:

● Payment of timely salary
● Payment of salary
● Provide safe working environment
● Provide decent accommodation
● Provide healthy and hygienic food
● Provide personal protective equipment (PPE)
● Provide rest hour as per rules
● Take care of welfare of crew
● Provide basic communication facilities
● Provide basic recreational facilities
● Provide medical cover for the crew
● Provide necessary information regarding ships
● Prevent harassment and bullying
● Provide contact details of company owner etc
● Make arrangements for repatriation

Responsibilities of Seafarer towards the employer:

● To discharge the duties
● Be punctual to duty
● To take care of ships property
● To work in the stimulated time
● To comply with owner/company/charterer instructions
● To be obedient
● To comply with international rules and regulation
● To save ship and its property in time of emergency
● To be ready to deal with an emergency
 ● Maintain good working environment
● Maintain good relation with co-workers
● To cooperate with co-workers
● To complete all the assigned task
● To maintain discipline at all times

In order for the employer and the employee(Seafarer) to fulfill the respective
responsibilities, the responsibilities have to be made mandatory in the form of
rules & regulations.

The rules & regulations are made into terms & conditions of employment that
each party should follow. The terms and conditions are laid out in
● Content of Contract-Grp A
● Content of Article of Agreement (AOA)-Grp B
● Content of Seamen's Employment Agreement (SEA)-Grp C/E
● Content of Collective Bargaining Agreement (CBA)-Grp D/F

ARTICLE OF AGREEMENT (AOA):-

● It is an agreement between the owner/company, seafarer, and the flag
state of the ship.
● It is a tri party agreement
● It is an agreement of terms and conditions of employees.
● It is a closed loop agreement
● It is used when the seafarer, the ship, the shipowner, the flag are all of the
same nationality.
● It always refers to a CBA

Content of Article of Agreement (AOA)

1. Name of the owner
2. Contact details of the owner
3. Name of manning company
4. Contact details of manning company
5. Name of seafarer
6. Contact details of seafarer
7. Personal details of seafarer
8. Period of contract
9. Salary on offer
 10. Number of hours of work per day
11. Number of hours of rest per week
12. Date of signing the agreement
13. Name of the ship
14. Sign on date
15. Repatriation conditions
16. Reference documents to other terms & conditions
17. Details of next of kin details

SEAMANS EMPLOYMENT AGREEMENT (SEA)

● It's a biparty agreement
● The shipowner/shipowners agent and the seafarer
● It is an open type agreement
● The seafarer, the shipowner, the flag state are all of different nationalities.
● It is an agreement of terms and conditions of employees.
● It always refers to a CBA

Content of Seamen's Employment Agreement (SEA)

1. Name of the owner
2. Contact details of the owner
3. Name of manning company
4. Contact details of manning company
5. Name of seafarer
6. Contact details of seafarer
7. Personal details of seafarer
8. Period of contract
9. Salary on offer
10. Number of hours of work per day
11. Number of hours of rest per week
12. Date of signing the agreement
13. Name of the ship
14. Sign on date
15. Repatriation conditions
16. Reference documents to other terms & conditions
17. Details of next of kin details
 CONTENT OF MS ACT 1958
I. PRELIMINARY
II. NATIONAL SHIPPING BOARD
III. GENERAL ADMINISTRATION
IV. Omitted
V. REGISTRATION OF INDIAN SHIPS
VI. CERTIFICATES OF OFFICERS
A- OBLIGATION OF CERTAIN CERTIFICATE HOLDERS TO SERVE
GOVERNMENT OR IN INDIAN SHIPS
VII. SEAMEN AND APPRENTICES
VIII. PASSENGER SHIPS
IX. SAFETY
A- NUCLEAR SHIPS
B-SECURITY OF SHIPS AND PORT FACILITIES
X. COLLISIONS, ACCIDENTS AT SEA AND LIABILITY
A-LIMITATION OF LIABILITY
B-CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
C-INTERNATIONAL OIL POLLUTION COMPENSATION FUND
XI. NAVIGATION
A-PREVENTION AND CONTAINMENT OF POLLUTION OF THE SEA BY
OIL
B-CONTROL OF HARMFUL ANTI-FOULING SYSTEMS OF SHIPS
XII. INVESTIGATIONS AND INQUIRIES
XIII. WRECK AND SALVAGE WRECK
XIV. CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING
TRADE
XV. SAILING VESSELS
A-FISHING BOATS
XVI. PENALTIES AND PROCEDURE
XVII. MISCELLANEOUS
XVIII. REPEALS AND SAVINGS
Benefits of RPS rules 2005 to seafarers

RPSL- Recruitment and Placement Service License

● It is a license for recruiting and placing seafarer onboard
● The license is issued by Flag State
● Without the RPSL seafarer should not be recruited
● RPSL is a license issued to the company that deals with people(ships
crew)
● RPSL is issued upon compliance of RPS Rules
● RPS means Recruitment and Placement Service Rules
● In India it is called as RPS 2005 Rules

Q. Purpose of RPS 2005 Rules - Grp A,B

● Protection to Indian seafarers working onboard Indian registered & foreign
going vessels
● Defines the obligation of shipowners
● Define the responsibilities of seafarer
● Provide legitimate recruiting procedures
● Define the rights of seafarers
● To keep database of recruiters
● To keep database of Indian seafarers
● To eliminate fraudulent recruitment practices
● To prevent seafarers from being exploited
● To bring transparency in recruiting process
● To take actions against fraudulent recruiting agencies
● To take actions against defaulting RPSL agencies
●

Q. Benefits to seafarers due to RPS 2005 Rules- Grp C,D

● Seafarers are not exploited
● Seafarers rights are well defined
● Seafarers are less cheated
● Seafarers are protected
● Seafarers can complain against defaulting companies
● Makes the employers more accountable
● Fair terms of employment
● Seafarers welfare is taken care of
 ● Seafarers is able to distinguish between genuine and fake recruiting
agencies
●
Q. Significance of RPS 2005 Rules- Grp E,F
● Protect seafarers from being cheated
● Keep database of seafarer recruited from that country
● Maintain uptodate list of ships to where the seafarers are placed
● It gives the legitimate right to the company to recruit seafarers
● It gives control to the flag state (DGS) on the recruiting company
● To lay down the seafarers rights and responsibilities
● To lay down companies rights and responsibilities
●

RPSL

SEAFARER

XXX

●
●
WHAT SHOULD I DO?
● Ask whether the recruiting company has a RPSL or not
● Check whether the RPSL is genuine or fake
● Use DG Website for checking
Recruitment and Placement of Seafarers Rules, 2005
1. Short title and commencement-
2. Definitions
3. Applicability
4. Registration of recruitment and placement service.
5. Responsibilities of a recruitment and placement service-S
6. Welfare contribution to Seafarers Welfare Fund Society-
7. Functions of seamen’s employment office.
8. Composition and functions of Advisory Board.-
9. Procedure for issue of licence and its renewal.
10. Period of licence-
11. Duplicate licence.
12. Suspension or withdrawal of recruitment and placement service licence
13. Inspection
14. Fees-
15. Bank guarantee.
16. Intimation of any change in recruitment and placement service process
17. Intimation of change in place of business.-
18. Placing of seafarer- S
19. Appeal. –

CONTENTS OF CREW AGREEMENT What are the Contents of AOA

. The crew agreement must contain details of the following terms: The name of the ship or ships
on which the crewman agrees to serve. The nature & duration of the voyage & the parts of the
world to which the voyage is not extended. The number & description of the crew of each
department. The time, the seaman is to report on board. The capacity in which the seaman is to
serve. The seaman’s wages. A scale of provisions to be furnished to each seaman, such scale
being not less than as laid down by the central government. Details of warm clothing &
provisions to be supplied in specified cold regions. Regulations regarding conduct on board &
details of fines & punishments as laid down by the central government. Payment of
compensation for injury or death. In case the services are to be terminated outside India then
the agreement is to provide free repatriation back to India. Any other stipulation that may be
required.
 3. Elaborate on the informal communication inside an organization with
relevant diagrams.
Ans: Grapevine communication or informal communication can be
described as a casual and unofficial communication system within the
organization. There are four main types of grapevine communication,
which professionals differentiate by the pattern in which the
communication spreads.
What are the benefits of RSPL to the seafarer?
Ans: RSPL provides protection of Indian seafarers working on Indian and Foreign flag vessels 
Are informed of rights and duties under the employment agreement  Provided with a copy of
the agreement namely SEA/ SEC as per CBA  Pay no fees or other charges other than the
cost of obtaining seafarer book ,passport or other similar documents and no seafarer will be
victimized  Any incident or causality causing death, disappearance ,loss overboard or homicide
by or an Indian National is reported to DG shipping via DG comm. centre working 24X7 in the
prescribed format .  This initial causality reporting to be completed within 48 hours  Maintains
right to privacy of seafarers personal Data information including medical details.  On the
completion of a calendar month, if no wages have been paid to him/her, the seafarer may lodge
a complaint on board with the Master or with the employer or ship-owner or with the Flag State
or Port State Authorities, at the earliest opportunity;  At the earliest convenience, inform the
Recruitment and Placement Service of all details regarding such non-payment of wages