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Model Cayman Islands Seafarer Employment Agreement1. Parties to the Employment AgreementThis agreement is made between:………………………………………………………………………………. [Seafarer's full name]………………………………………………………………. [Seafarer's Date of Birth or Agei]…………………………………………………………………………. [Seafarer's Place of Birth]And………………………………………………………………………………. [Shipowner's Name]of …………………………………………………………………………. [Shipowner's Address]2. Capacity in which seafarer is to be employed iiThe capacity in which you are initially employed is………………………………………. [insert details of capacity].3. Notice of Termination of Employment (Delete whichever is not applicable)Definite Period AgreementYour employment is for a period commencing on …………[insert date] and ending on …………….. [insertdate] unless it is terminated for justified reasons in advance of this point or the ship is at sea at thatpoint time in which event it will continue until its arrival in port at which point it will terminate.The length of notice which you are obliged to give to terminate your employment is [insert noticeperiod which is to be not less than seven days].The length of notice which you are entitled to receive from the shipowner to terminate youremployment is [insert notice period which is to be not less than seven days].Revision Date: 27/03/13 ORIndefinite AgreementThe length of notice which you are obliged to give to terminate your employment is [insert noticeperiod which is to be not less than seven days].The length of notice which you are entitled to receive from the shipowner to terminate youremployment is [insert notice period which is to be not less than seven days].ORVoyage AgreementYour employment is for the length of the voyage of [ship] commencing on …………[insert date] fromthe port of……………………….[insert name of port] until …………………[insert date] or the vessel' arrival inthe port of ……………….[insert name of port]] at which point it will terminate, unless it is terminatedfor justified reasons in advance of this point.NOTE: The period of notice required to be given to the seafarer by the shipowner must not be lessthan that required to be given to the shipowner by the seafarer and, except in the case of a fixedterm or voyage agreement, must be not less than seven days.4. Place of workYou will be employed on…………………………………………………………………* [ship name]ORYou will be employed on any vessel owned, managed or chartered by the shipowner*(*delete whichever is inapplicable)5. Wages and Account of WagesYour wagesiii on commencement will be……………. per [week/month/year*] [amount / currency]payable by………………. [method of payment]at [weekly/monthly*] intervals on the …………. day of each [week/month*]. [number][Overtime hours if applicable i.e. hours worked outside of normal working hours (see clause 6below) will be paid at a rate of…………. per hour] [rate](*delete whichever is inapplicable)Revision Date: 27/03/13 You will be provided with a monthly account of all payments due to you and the amounts paid,including wages, additional payments, permitted/statuary deductions and the rate of exchange usedwhere payment has been made in a currency which is different from that agreed above.6. Hours of Work and RestYour hours of work will be arranged such as to ensure that you receive a minimum of 10 hoursavailable for rest in each 24-hour period and a minimum of 77 hours rest in each seven-day period.Your hours of rest may be divided into no more than two periods, one of which shall be at least sixhours in length, and the interval between consecutive periods of rest shall not exceed 14 hours.Cayman Islands Merchant Shipping Regulations1, require the Master or a person authorised by theMaster to maintain a record of your daily hours of rest. The records should be kept in English and theworking language of the ship if that is not English.The records of your hours of rest are required to be endorsed by the Master or a person authorisedby the Master, and by you, and a copy of the record as endorsed will be presented to you.You may be required, at the absolute discretion of the Master, to work additional hours during anemergency affecting the safety of the ship, its passengers, crew or cargo or the marine environmentor to give assistance to other ships or persons in peril. You may also be required to work additionalhours for safety drills such as musters, fire-fighting and lifeboat drills. In such circumstances you willbe provided subsequently with compensatory rest period(s).7. Paid annual leave ivYou are entitled to take…………. working days (a minimum of 38 days) in each year of employment. [insert number]The above minimum amount includes 8 days for public holidays which should be included in theleave period and allocated prorate across the year.You will be paid your normal basic remuneration during such leave.If your employment commenced or terminates part way through the year, your entitlement to paidannual leave during that year will be assessed on a pro rata basis. Deductions from final salary dueto you on termination of employment will be made in respect of any paid annual leave taken inexcess of your entitlement.There is no provision for the carry over of paid annual leave from one year to the next. All paidannual leave must be taken in the year in which it accrues. There is also no provision for payment tobe made in lieu of untaken leave except where paid annual leave has accrued but has not beentaken at the date of termination of employment.1 Merchant Shipping (Certification, Safe Manning, Hours of Work and Watchkeeping) Regulations, 2004 asamendedRevision Date: 27/03/13 8. Termination of EmploymentYour employment under this agreement may be terminated in the following circumstances:- (a) by mutual consent; (b) Your misconduct as prescribed in the Code of Conduct for the Merchant Navy or the shipowner’s Code of Conduct; (c) Your need to terminate the agreement for compassionate or other urgent reasons, this shall be without penalty to you; (d) If in the opinion of the Master your continued employment would be likely to endanger the vessel or any person onboard; (e) By appropriate notice in accordance with paragraph 3 above.Should the vessel be lost, sold or otherwise cease to be a Cayman Islands ship and your employmentis terminated before the date indicated in section 3 of this agreement you will be paid the greater ofeither two month’s salary or your notice period.9. Health and Social Security Benefits vIf you are on a voyage at the time that you become sick or injured, you will be paid your normalbasic remuneration until you have been repatriated in accordance with the repatriation provisionsset out below. After you have been repatriated, you will be paid your normal basic remuneration forthe first [16 or above] weeks of your recuperation.You will be provided with any medical care on-board should that become necessary, free of charge,including access to necessary medicines, medical equipment and facilities for diagnosis andtreatment and medical information and expertise. Where practicable and appropriate, you will begiven leave to visit a qualified medical doctor or dentist in ports of call for the purpose of obtainingtreatment.In the event of sickness or incapacity, you will be provided with medical care, including medicaltreatment and the supply of necessary medicines and therapeutic devices and board and lodgingaway from home until your recovery or until your sickness or incapacity has been declared of apermanent character, subject to a maximum period of…………………..[16 or above] . weeks. Inaddition the shipowner will meet the cost of the return or your property left on board to you or yournext of kin.In the event of the seafarer’s death or long-term disability due to an occupational injury, illness orhazard occurring from the date on which the seafarer leaves home to join the vessel to the date onwhich the seafarer is duly repatriated, the seafarer will be entitled to compensation, the levels ofwhich will be attached as an annex to this agreement.In the event of your death occurring on board or ashore during a voyage, the shipowner will meetthe cost of burial expenses and the return or your property left on board to your next of kin.Revision Date: 27/03/13 10. RepatriationYou will be entitled to repatriation, at the expense of the shipowner, if you are away from yourcountry of residence when this agreement is terminated; • when this agreement expires; • in the event of illness or injury or other medical condition requiring your repatriation, in the event that the ship 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; • in circumstances where you are no longer able to carry out your duties under this agreement or cannot be expected to do so e.g. shipwreck, the sale of your ship or a change in your ship's registration, andThe entitlement to repatriationvi entails transport by …………………(insert means of transport)to. (insert place name or country).The Cayman Islands Regulations on repatriation2 shall be made available to you on board the ship.NOTE - You may not be entitled to repatriation at the expense of the shipowner in circumstanceswhere you have been dismissed on disciplinary grounds or have breached your obligations underthis Agreement. In such circumstances the shipowner will still be liable to repatriate you but isentitled to recover from any wages due to you the cost of doing so.The maximum period of service following which you will be entitled to repatriation at no cost to youisvii ……………….weeks (insert number of weeks)11. Collective Bargaining Agreement(s) (delete if not applicable) viiiThe Collective Agreement(s) dated………………….between [shipowner] and …………………………………………[trade union(s)] contain details of additional terms and conditions and forms part of this SeafarersEmployment Agreement, as attached.12. Seafarer’s Complaint ProcedureIf you have a complaint regarding your employment you should follow the shipowner's “Seafarer’sComplaint Procedure”. The procedure will be made available to you, if so requested, before you sign2 Merchant Shipping (Repatriation) (Cayman Islands) Regulations, 1989. However, these will most likely berevoked and replaced for MLC.Revision Date: 27/03/13 this agreement. The shipowner’s “Seafarer’s Complaint Procedure” will also be provided to youwhen you join your ship.13. Compensation in respect of loss of personal property as a result of the loss or foundering ofthe vesselWhere you lose personal property, as a result of the vessel on which you are serving foundering orbeing lost, the shipowner will pay compensation up to a maximum of …………. (insert amount).14. Disciplinary Rules and ProcedureThe disciplinary rules applicable to you are set out in the Code of Conduct for the Merchant Navy,which has been agreed between the UK’s Chamber of Shipping, Nautilus UK and the National Unionof Rail, Maritime and Transport Workers, or the Shipowner’s Code of Conduct.The Code of Conduct will be made available to you, if so requested, before you sign this agreement.If you are dissatisfied with any disciplinary decision taken in relation to you, you should refer to thedisciplinary procedure set out in the Code of Conduct , which may be obtainedfrom…………………….[state contact details]15. Additional Provisions included by ShipownerPlease see the endnotesixRevision Date: 27/03/13 Declaration:I confirm that I have freely entered this agreement with a sufficient understanding of my rights andresponsibilities, and I have been given an opportunity to review and seek advice on the agreementbefore signing.Signed……………………………………………………………………………………………………… (seafarer)Date…………………. I confirm that the seafarer has been informed of their rights and duties under this agreement priorto or in the process of the seafarer’s engagement onto the vessel.Signed……………………………………………………………………………………………………… (Shipowner or Shipowner’s Representative)[Place where this Agreement is entered into]x………………………………………………..[Date where this Agreement is entered into] ………………………………………………….NOTES:i “insert date of birth or age” - Normally the date of birth should be inserted in full. Only inexceptional circumstances should the seafarer’s “age” be inserted. This should be the seafarer’s ageat the time the SEA was signed and should be inserted only where there is no means of establishingthe seafarer’s actual date of birth e.g. because the seafarer comes from a country where birthrecords are not accurate or for various reasons no longer exist and the seafarer himself does notknow his actual date of birth.ii “Capacity in which seafarer is to be employed” - This will be the capacity in which the seafarer is tobe employed at the time the SEA is signed by the parties to it. Given that an SEA may run for aconsiderable length of time if the seafarer remains with the same shipowner, it is possible that thecapacity in which the seafarer is employed could change over time. The shipowner may wish toconsider whether a new SEA will be issued at such time or alternatively include a provision indicatinghow any changes to capacity will be dealt with e.g. by means of a letter setting out the new capacityand the relevant wage scale.iii Wages - As with “Capacity” (Note ii above) wages payable to the seafarer are likely to change ifemployed by the same shipowner over a significant period of time. When completing the “Wages”entry in the SEA, the shipowner will therefore need to bear this in mind and include appropriatewording to cover any future wage increases e.g. by providing for the wage to increase as notified tothe seafarer in writing.iv “Paid Annual Leave” - The period of paid annual leave must be not less than that specified in theMaritime Labour Convention, 2006 Standard A2.4 with the addition of 8 public holidays per annumto be taken prorata. Where it is more appropriate to do so, the formula to be used for calculatingRevision Date: 27/03/13 annual leave, e.g. 3.2 days per month of employment, may be inserted instead of an actual numberof days.v Social Security Benefits - These include payment by the shipowner of any costs incurred in respectof any sickness or injury occurring between the date on which they commenced duty on board a shipand the date on which they are deemed to have been duly repatriated. This also includes paymentsthat shipowners are required to make in respect of the death or long term disability of a seafarerdue to an occupational injury, illness or hazard occurring while the seafarer is serving under aseafarer’s employment agreement or arising from their employment under such agreement.vi “Repatriation” - The entitlement to repatriation entails transport to the place where you signedyour employment agreement, your country of residence, or such other place as mutually agreedwith the shipowner when you sign the SEA, or subject to the agreement of the shipowner, anotherplace of the seafarer's choosing.vii The maximum period of service following which a seafarer will be entitled to repatriation is to benot more than 52 weeks minus the period of statutory paid annual leaveviii Applicable Collective Bargaining Agreement(s) - Seafarers Employment Agreements may, whereapplicable, incorporate any applicable collective bargaining agreements. Therefore the terms andconditions contained in a collective bargaining agreement should be appended to, or incorporatedby reference into, and thus form part of a Seafarer Employment Agreement. Collective bargainingAgreements may not however be substituted entirely for individual Seafarer EmploymentAgreements in respect of seafarers employed on UK registered vessels.ix “Inclusion of Additional Provisions by Shipowner” – It is recognised that there will be occasions onwhich shipowners wish to include provisions additional to those set out in the Maritime LabourConvention. There is no objection to the inclusion of such additional provisions however any suchprovisions must not conflict with the provisions of Cayman Islands general or merchant shippinglegislation or any international instruments which have been extended to the Cayman Islands by theUnited Kingdom. MACI will not be checking and approving additional provisions, as it currently doesfor crew agreements, and it will therefore be the responsibility of the shipowner to ensure thatthere is no conflict. Failure to do so may result in refusal to issue a Maritime Labour Certificate or itscancellation if one has already been issued.x “The Place where Agreement is entered into” should state the name of village, town or city andcountry where Agreement is signed by the parties to itRevision Date: 27/03/13