Shell International Shipping Services Agreement with Croatian Union

AGREEMENT BETWEEN Shell International Shipping Services (Pte) Ltd & Seafarers Union of Croatia (SUC) SISS CROATIAN
OFFICERS with GLOBTIK EXPRESS AGENCY APRIL 2010
Shell International Shipping Services SISS- GEA T&C Agreement 2010
CONTACT INFORMATION
GLOBTIK EXPRESS AGENCY PUT ZBORA NARODNE GARDE BB SMOKOVIK BUSINESS CENTRE POB 276 SPLIT CROATIA PHONE: +385 21 439600 CREW MANAGER ##########
SEAFARERS UNION OF CROATIA (SUC) KRESIMIROVA 4 51000 RIJEKA CROATIA PHONE: +385-51-325340 ########### SHELL INTERNATIONAL SHIPPING SERVICES (PTE) LIMITED SHELL HOUSE UE SQUARE 83 CLEMENCEAU AVENUE SINGAPORE ########### SHELL SHIP MANAGEMENT LIMITED MANANNAN HOUSE MARKET SQUARE CASTLETOWN ISLE OF MAN TEL + 44 1624 821500 FAX + 44 20 7632 9863 ADMINISTRATORS FOR SHELL INTERNATIONAL SHIPPING SERVICES (Pte) Ltd
2010 SISS Globtik Express Agency T&C Agreement
MEMORANDUM OF AGREEMENT
CONTENTS
CLAUSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 TOPIC CONSULTATION & NEGOTIATION VARIATION OF AGREEMENT UNION MEMBERSHIP JURISDICTION TERMS OF AGREEMENT MEDICAL EXAMINATIONS DOCUMENTS CREW AGREEMENT REMUNERATION HOURS OF WORK SHIP MANAGEMENT TEAM CONTINUITY (SMTC) PERIODS OF SERVICE LEAVE STANDBY SICK PAY STUDY LEAVE PENSIONS RETIREMENT DEATH IN SERVICE GROUP PERSONAL ACCIDENT INSURANCE SHORT TERM DISABILITY INSURANCE SPOUSE / PARTNER ON BOARD TRAVEL MEDICAL TREATMENT PERSONAL INJURY COST OF LEGAL ACTION SEAMAN LEFT BEHIND ABROAD (REPATRIATION) PAGE 5 5 5 5 6 6 7 7 8 8 8 9 9 10 10 11 11 11 12 12 12 13 14 15 15 15 16
2010 SISS Globtik Express Agency T&C Agreement 3
CONTENTS
CLAUSE TOPIC PAGE
28 29 30 31 32 33
PERSONAL EFFECTS WARLIKE OPERATIONS AREA COMPENSATION OF SHIPS LOSS OR FOUNDERING SAFETY, TRAINING, ACCOMODATION & PROVISIONS DISCIPLINARY RULES AND COMPLAINTS PROCEDURE INTERPRETATION & SIGNATURE PAGE
17 17 17 18 18 19
AA AB AC AD AE AF
ANNUAL SALARY RATES SHIPS COVERED BY THIS AGREEMENT DISCIPLINARY RULES COMPLAINTS PROCEDURE AND COMPLAINT FORM SECRECEY AGREEMENT SHORT TERM DISABILITY INSURANCE RULES
20 21 23 24 29 30
This Agreement defines the Terms and Conditions for Marine Officers recruited through GEA Globtik Express Agency for service on Shell owned or managed vessels that are manned by Shell International Shipping Services Pte Ltd, Singapore, hereinafter referred to as SISS. This Agreement supersedes and cancels all previous Agreements and will remain in force for an indefinite period unless varied or terminated in accordance with this Agreement. SISS has authorised Shell Ship Management Limited (SSML), hereinafter referred to as the Company to administer all manpower contracts on its behalf.
1. CONSULTATION AND NEGOTIATION

The Company recognises the desirability of prior consultation with the Union where appropriate, on all Terms and Conditions of employment covered by this Agreement. This Agreement shall be subject to annual review by both parties of salaries and related conditions. As and when the Union confirms that an amendment to Terms and Conditions is agreed, the Company is entitled to proceed upon the basis that the Union has consulted with Officers as necessary and as a consequence the Union's confirmation of Agreement means that individual Officers accept and are bound by the amendment. In the event of any differences arising which cannot immediately be resolved then whatever Agreement or practice existed prior to the difference shall continue to operate pending a settlement or until the agreed procedure has been exhausted. The Terms and Conditions contained within this document are considered to be compliant with MLC 2006 ILO requirements.
2. VARIATION OF AGREEMENT
1) During the currency of this Memorandum of Agreement, either party may give one calendar month's notice of intention to re-negotiate any of its clauses without prejudice to the Agreement as a whole. 2) This Agreement may be terminated by either party giving to the other 3 months notice of termination in writing.
3. UNION MEMBERSHIP
The Company recognises the value of Union membership and accordingly recommends that the Officers covered by this Agreement, be members of the Seafarers Union of Croatia (SUC
4. JURISDICTION
This Agreement shall be governed by and construed in accordance with English law and the parties submit to the jurisdiction of the English courts. The written contract referred to herein shall be enforceable under English Law.
5. TERMS OF AGREEMENT
This Agreement, in accordance with MLC 2006, that the Officer has had the opportunity to review this Employment Agreement and that the Company has explained the rights and responsibilities of the Officer and that the Officer enters into the Agreement freely. 5.1 Initial Service:
The Officer shall be engaged initially on a probationary service voyage contract basis, during which time the Officer will be assessed for suitability for a permanent Contract of Employment. During such time, the Officer will not be entitled to sickness benefit as referred to in Clause 15 of this Agreement, but would be covered by the ITF/IBF appropriate sickness benefit. 5.2 Contract Service:
After three months service or on completion of the Officers first tour of duty, subject to applicable performance review and with mutual agreement by both the Company and the Officer, the Officer will be offered and sign with the Company, a contract for a period of twelve months. After which the Officers employment will continue indefinitely until terminated by either party giving not less than three calendar months notice, in writing to expire at the end of the said period of twelve months or at any time thereafter This offer of permanent continuous employment, when offered, should be returned signed within 10 working days of receipt to GEA Globtik Express Agency office. . Direct entry (via recruitment) Masters and Chief Engineers will then continue under contract as probation for a further 12 months following issue of such permanent contract. The Officer agrees to be transferred to any other ship identified in Appendix B under the terms of this Agreement during the currency of the contract provided always that the rank, salary and terms of service are in no way inferior and the total onboard period does not exceed the normal service period. The written contract referred to above shall be enforceable under English law.
6. MEDICAL EXAMINATIONS
Initial employment and continued employment with the Company, is subject to and conditional upon, the Officer attaining the requisite standard of medical fitness to satisfy the Company and International Medical standards. All new recruited Officers will undertake a pre-employment Medical and Drug & Alcohol screening test at an approved Company Medical Centre. It is a condition of employment that the Officer submits as and when required, to medical examinations by any medical authority nominated by the Company and that the Officer answers faithfully any questions on their state of health, which may be required. The Company also has a Duty of Care towards all Officers, it will, when required request a second opinion on the overall fitness of an Officer with a Shell Health Services appointed Medical Centre when an Officer has been incapacitated by injury or sickness or when an Officers Body Mass Index BMI is recorded to be higher than Industry agreed normal levels. The cost of such medical examination will be met by the Company. Medical examinations will be required and Medical certificates obtained at no longer than the following intervals. Aged 17 and underAged 18 and over every year every two years
Such medical examinations may also include a Drug and Alcohol test/analysis.
All Officers will be subject to unannounced testing and For-Cause testing when considered appropriate for Drugs and Alcohol as per the Companys policy and procedures. The Officer must notify the Company prior to joining a fleet vessel of any changes in their medical condition, which might result in a failure to meet the requisite standards of medical fitness, thus resulting in the possibility of the Officer not being able to undertake their role on board satisfactorily.
7. DOCUMENTS
It is a condition of employment that the Officer shall possess upon joining a fleet vessel: 1. 2. 3. 4. Current valid Passport. Current valid International Vaccination certificate for Yellow Fever. Current valid USA entry Visa C1/D. Seamans / Discharge Book in which service on board Company vessels shall be recorded. Valid Certificates of Competency and Certification as required by STCW 95 as amended. Original International Medical Certificate. A Signed copy of their Contract of Employment.
5. 6. 7.
Documents (1), (3), (4), (5) and (6), must have a minimum 6 month validity remaining upon joining a fleet vessel. The Company will reimburse the Officer for the actual cost of the documents (not travel) under (2), (3) and (6), subject to valid receipts.
8. CREW AGREEMENT
An Officer, on joining a vessel, is required to sign an approved Crew Agreement, which shall make reference to this Agreement. 8.1 Contracts of Employment:
All contracts of employment issued to Officers shall make reference to the existence of this Agreement that governs their Terms and Conditions of Employment. Every Officer shall carry their signed Contract of Employment throughout the duration while on Company business, whether on board fleet vessel or when attending Company training courses. The Officer agrees to carry out the duties detailed under each job description contained within the Fleet Personnel Manual section of the Company Integrated Management System (IMS).
9. REMUNERATION
Fleet Officer salaries are fully consolidated and include overtime provision above the normal 48 hours/week (8 hours per day with one day of rest per week, plus public holidays). Applicable annual salary rates of pay are as set out in Appendix A. Officers are responsible for their own Income Tax Liabilities and National Insurance Contributions. No deductions will be made by the Company in respect of any liabilities the Officer may have regarding personal taxation, social security or other matters in the Country of their domicile, or other administration. The Officer is recommended to take professional advice in order to establish their personal liability in these matters, the Company regrets that they have no competence in these matters and are unable to give such advice. No deductions will be made by the Company to cover the costs of repatriation, in accordance with Regulation A2.5 of the MLC 2006, referred to, in Clause 27 of this Agreement. The Company operates a performance linked salary structure that is reviewed annually, awards are declared and advised as individual awards, the awards are based upon individual and Company performance.
10. HOURS OF WORK

The Hours of Work expected shall not exceed the requirements of MLC 2006 (Standard A2.3), limits on hours of work and rest as stated. Where an applicable Flag or Port State Administration specifies more stringent limitations, these shall apply. The schedule of sea service and minimum hours of rest applicable shall be posted on board each Company vessel.
11. SHIP MANAGEMENT TEAM CONTINUITY (SMTC)

All Company vessels operate with the Senior Officers forming specific SMTC partnerships identified to each fleet vessel. Such SMTC partnership is agreed with Fleet Management and requires their approval for change. Once established SMTC pairings can be flexible on their tour and leave durations, provided that their partner and Fleet Management are in full agreement. All SMTC Senior Officers will manage their earned leave and leave in advance to ensure that they do not incur unreasonable levels of positive or negative leave balances. All leave in advance periods will be monitored by the Company. SMTC Officers attending Company training courses, will not normally extend their original proposed return to service date, any leave utilised by attendance will be carried forward as positive leave.
12. PERIODS OF SERVICE

SMTC Senior Officers: Tour Length to range between 2 4 months duration by agreement.
Junior Officers:
Tour Length normally 4 months duration.
The maximum Period of Service should not exceed 12 months. On completion of the Period of Service, the Company will be responsible for the repatriation to the Officers place of residence or to the Country of engagement, or to any place mutually agreed between the Company and the Officer.
13. LEAVE
13.1 Earned Leave Rates (Paid) SMTC Senior Officers will earn paid leave of: All Junior Officers will earn paid leave of: 28 days per month served on board. 22 days per month served on board.
The earned leave rate includes consolidated leave for a weekly day of rest and annual public holidays. Under normal circumstances or an alternative agreement, earned leave will commence on arrival at the Officers normal Home Town airport within their Country of domicile. The following are not considered as part of leave with pay: a) Periods of incapacity for work resulting from illness or injury or from maternity, under conditions as determined by a competent authority. b) Temporary shore leave granted to an Officer while serving under this Employment Agreement 13.2 Early Call Back Junior Officers: To give an element of flexibility to the Fleer Officer relief program the Company, under normal operational conditions, will have the option to require a Junior Officer to return to sea up to Fourteen (14) days before the end of their earned leave period. In such circumstances, the Company will give as much notice of intention as possible. For Junior Officers who, during their previous appointment completed a significantly shorter tour of duty, full consideration will be given, to not using the early call back facility on an individual basis unless absolutely necessary. Where an Officer has been granted leave on compassionate grounds, the cost of the repatriation will be for Company account.
14. STANDBY PAY

SMTC Senior Officers: All Junior Officers: No Standby (paid waiting time) is payable.
Where a Junior Officer has exhausted the agreed period of earned leave, Standby Pay will be paid at full seagoing salary on approval from their respective Fleet Manager, providing the Junior Officer remains available to travel and fully certificated to serve. SMTC Senior Officers who are disadvantaged due to exceptional reasons beyond their control, in respect of either the length of a tour of duty over the expected / agreed duration and / or excessive waiting time will, on consideration from Fleet Management, solely, on a case by case basis, be compensated by the awarded a Special Recognition Award.
15. SICK PAY

15.1 Sick Onboard:
When an Officer is off-signed abroad due to sickness or injury from a fleet vessel, the Officer will remain on 100% Officer rank salary until return to the Country of domicile. On arrival home the Officer will be placed on Sick Pay which will be based at 100% Officer rank salary for a period of 3 months, subject to medical review and advice / certification. Following this 3 month period, Sick Pay will reduce to 75% Officer rank salary for a further period of 3 months duration, subject to medical review and advice / certification. 15.2 Sick during Earned Leave: When an Officer falls sick while on earned leave, no sickness benefits will be paid until the Officer has completed a period of incapacity of 21 days, supported by an appropriate medical certificate. In such cases the Sick Pay will commence on the 22nd day with such payments calculated at 75% of the Officers rank salary. Officers on leave who are passed unfit for 21 days will, subject to Company Doctor approval and subject to the incapacity seriously affecting their quality of leave, receive Sick Pay at this rate immediately they are passed unfit. Sick on Leave, Sick Pay will be paid for a maximum of three months only, subject to medical certification, in any rolling twelve-month period.
16. STUDY LEAVE

Release for Company approved Study Leave will be at the Companys discretion. The selection criteria used for the granting of Study Leave is based on, but not limited to: a) The Officers individual performance on board, against their own rank peer group b) Sea service certification requirements c) Advance notice of application to request and attend study leave training d) Fleet manpower requirements of the fleet at the required time of study
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Officers should request Company supported Study Leave as follows: Study Leave for the first attempt for each Certificate of Competency will be granted at Company Discretionary periods, subject to submission of college attendance Certificates. Initial application to Shell Ship Management Limited A copy of this application request to GEA Globtik Express Agency Applications for Study Leave will only be accepted from Officers who have completed a minimum service period of 12 months, normally 18 months. It is recommended that early application is essential for fleet manpower planning purposes and to prevent disappointment. Any additional requirements will be Off Pay and must be requested a minimum of 2 months prior to completion of the granted study leave period.
Actual approved Study Leave will also be conditional on the Officer agreeing in writing, to return to fleet service, following Study Leave period for a minimum period of 18 months, failure to agree or return will result in action to achieve full repayment of Study Leave salary. Study Leave for the first attempt for each Certificate of Competency will be granted at Company Discretionary periods and paid at 100% of actual rank salary, subject to submission of college attendance Certificates. Failure to provide such attendance records will lead to removal of the Study Leave Allowance. The fees for the Certificate of Competency Oral and Written examinations only, subject to receipts, will be paid by the Company on successful completion and issue of such Certificate.
17. PENSIONS & SOCIAL SECURITY

It is strongly recommended that all Fleet Officers ensure that they have made adequate arrangements for pension provision.
18. RETIREMENT
The Company retirement age for Fleet Officers will be 65, although no Fleet Officer shall be compelled to work towards this age, therefore any Fleet Officer can decide to retire at any point from the age of 60.
19. DEATH IN SERVICE

When death occurs through any cause whilst in the under contract and in employment with the Company, including death from natural causes, death occurring while on Company business and while on earned leave periods associated with full contract employment, or as a result of a marine or similar peril, but excluding death due to wilful acts, the Company shall pay the following: At the discretion of the Company a lump sum payment, equivalent to two years present Fleet Officer rank salary, may be paid to, or divided between, the Fleet Officer 's spouse, children or grandchildren, parents or grandparents, brothers or sisters, or someone who was dependant on the Fleet Officer during his lifetime. If the value above is below the current ITF/IBF standard scale, the current ITF/IBF scale will apply.
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If the Fleet Officer shall leave no nominated beneficiary, the aforementioned sums shall be paid to the person or body empowered by law or otherwise to administer the estate of the Fleet Officer. Any payment effected under this article shall be without prejudice to any claim for compensation made in law but may be offset against any such payments. For Fleet Officers on earned leave the Company reserves the right to make this payment, a Company Discretionary Award.
20. GROUP PERSONAL ACCIDENT INSURANCE

In the event a Fleet Officer suffers permanent disability such as the loss of limb(s) and or eye(s) whilst in service on duty. The Officer shall receive benefits for permanent disability under the current ITF/IBF continental scale of disability. This gives a benefit for a sliding scale of injuries / disfigurements from loss of hearing/speech down to the loss of fingers etc, based on the standard ITF/IBF Disability Regulations.
21. SHORT TERM DISABILITY INSURANCE POLICY.

When a Fleet Officer has been declared permanently unfit for further sea service by a Company nominated Doctor and as a result has had their services terminated by the Company. Provided that the cause for the permanent unfitness is deemed by the Company nominated Insurance Company to have a Critical Illness, under the Companys Short Term Disability Insurance Policy, the Fleet Officer will be eligible to receive financial benefits for up to two years. Short Term Disability detail, is contained within Appendix D.
22. SPOUSE / PARTNER ON BOARD

An Officer may be accompanied by his or her spouse/partner, normally after completion of one successful tour of duty with the Company. For an Officer to be accompanied by either their spouse or partner, agreement from the Company and the vessel Master has to be sought at first instance. The Company will sponsor one (1) Economy Class single air fare for a spouse / partner, which can be utilised during any normal full tour of duty, provided the arrangements for travel are made via the Company and utilising ATP Instone International. However, where an Officer, having their spouse or partner on board, is transferred to another vessel on the Companys instruction, the Company will bear the cost of the spouse's or partner's travel costs and any hotel expenses involved with such transfer to the new vessel. The Company recognise the changing nature of society at large by extending spouse travel to permit partners on board. However, Officers will also recognise the need for the Company to ensure the unique
demands of the marine environment are respected. Therefore, the Company will seek assurance from the individual Officer in each case, of the appropriate degree of permanency to their partner relationship. In this respect, each request will need to be considered on its own merits. Examples of the type of assurances the Company will be seeking are:
a) b) c) d)
Is the partner, the Officers declared next of kin Are any children the result of such partnership Do the Officer and partner co-reside So Officer and partner share joint bank accounts
All information passed to the Company will remain strictly confidential. The Company will not allow partners to sail on a fleet vessel if either the Officer or the partner is married to someone else. Arrangements for all air travel for spouse or partner, joining or visiting fleet vessels must be routed via the Company who will give every assistance in booking flights to take advantage of seamen's special air fares. Port Agents will arrange accommodation, where necessary, however any identified extra costs i.e., accommodation and food for spouse / partner must be settled prior to departure from the hotel. All other Port Agency Fees involved in administration for the transportation of a spouse / partner to or from a fleet vessel, will be for Company account. If a spouse or partner accompanies an Officer on board, they must have obtained Seagoing Indemnity Insurance with a Company approved Insurer with whom a highly competitive policies will have been negotiated. To fulfil Company Security Vetting procedures all Fleet Officer Spouse / Partners will have to be in possession of a valid US Visa B1/B2 to be allowed access to a Company fleet vessel Costs for this US Visa as with any special joining Visa are for the Spouse/Partners own account.
23. TRAVEL
23.1 Joining & Leaving Fleet Vessels: Fleet Masters and Chief Engineers will be entitled to Business Class air travel as follows: When the length of the actual Long Haul flight is routed East to West or West to East with a flight duration in excess of 12 hours. The following routings will be classed as Business Class. E-W & W-E Routing Long Haul Sector NW Europe - Singapore / Malaysia / Brunei NW Europe - Australasia NW Europe - China / Philippines NW Europe - Japan/Korea Concession Joining / Leaving Joining / Leaving Joining / Leaving Joining / Leaving Time Zones 8+ 9+ 8+ 8+
Additionally to recognise that other routings may also involve considerable Long Haul travel, the following specific routes will be classed as Business Class. Specific Routing - Long Haul Sector Concession Time Zones
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NW Europe - North America / Canada NW Europe - South America / Caribbean NW Europe - Indian Sub Continent NW Europe - Republic of South Africa
Joining ONLY Joining ONLY Joining ONLY Joining ONLY
4+ 4+ 5+ Special
Connecting Flights to Long Haul Sectors may be in Economy Class dependent on which carrier is utilised. Air travel for all other ranks will be Economy Class. A special allowance of 30 kg accompanied baggage allowance will apply. Additionally the Company will allow an extra 10 kg for the Company account. Any additional cost in excess of 40 kg will be for the Officer's own account. All main travel and accommodation costs incurred in joining and leaving fleet vessels will be for Company account. An allowance towards incidental travelling expenses incurred in the Officers home country of residence is incorporated into the salary scales. No additional claims will be entertained. When travelling by Rail on any Company business, Masters, Chief Officers, Chief Engineers, Second Engineer and Cargo Engineers will be entitled to First Class rail travel and in the case of all other Officers, Standard Class rail travel will apply. Supporting receipts for expenditure are required in all claims for reimbursement. Actual travel costs up to the value of a Standard Class rail fare will be paid subject to supporting receipts covering expenses when an Officer makes use of their own travel arrangements. When travelling by sea, Masters, Chief Officers, Chief Engineers, Second Engineer and Cargo Engineers are provided with First Class travel in all circumstances. All other personnel travel Tourist by sea. In all cases of cross channel ferry services, all Officers travel First Class. 23.2 Company Training Course Travel: Air travel when travelling to and from Company Training events or on Company business other than joining or leaving a fleet vessel will be by Economy Class at all times.
24. MEDICAL TREATMENT

Medical and Dental services shall be provided as may be required by individual Officers as follows;
a) The reasonable cost of any surgical, medical, dental or optical treatment (excluding provision of
glasses) required by Officers outside the country of residence that cannot be postponed without impairing efficiency.
b) If an Officer employed on a vessel dies and is buried or cremated outside their country of residence
the expenses of the burial or cremation will be met. The Company will bear the cost of transportation of the deceased's personal effects to the country of residence.
c) In the event of an Officers death outside the country of residence either in employment or when left
behind due to ill health or injury, the Company will, if so requested by the next of kin, make such arrangements that are practicable to return the body of the deceased Officer to the next of kin in the country of residence and meet the cost of doing so.
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It is recognised that circumstances may make this course impracticable - for example lack of preservation facilities, port health requirements or nature of death - and accept that in such cases alternative arrangements for the disposal of the body must be made in accordance with statutory provisions.
25. PERSONAL INJURY

The Company shall be liable for personal injury claims in accordance with U.K. legislation regardless of the registry of the vessel in which an Officer is serving.
26. COST OF LEGAL ACTION
The Company undertakes to provide Officers with legal representation and to reimburse them for all financial loss as a result of legal action taken against the Company and, in the circumstances below, as a result of legal action taken against individual Officers; a) When the Officer is on service with a client of the Company. b) When the Officer appears in the action by virtue of being the Companys representative or administrator. c) When the action is in respect of oil, smoke or other pollution. d) When the Officer is convicted, or found innocent of a crime, which would not be considered a crime under English or Scottish law. These provisions do not apply in circumstances arising from proven individual negligence or premeditated wilful action.
27. SEAMEN LEFT BEHIND ABROAD (REPATRIATION)

27.1 Repatriation MLC 2006: The Company will honour the requirements of the MLC 2006 (Standard A2.5): with respect to repatriating an Officer to a destination which includes the countries, with which the Officer maybe deemed to have a substantial connection, including: (a) The place at which the Officer agreed to enter into the engagement (b) The place stipulated by collective agreement (c) The Officers country of residence (d) Such other place as may be mutually agreed at the time of engagement. A Fleet Officer shall be entitled to repatriation, arranged by and on the account of, the Company in the following circumstances:
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(a) When the Officer employment agreement is terminated by either party following the agreed notice periods (b) When the Officer are no longer able to carry out their duties under their employment agreement (c) In the event of illness or injury or other medical condition which requires their repatriation when found medically fit to travel (d) In the event of shipwreck (e) In the event of the ship-owner not being able to continue to fulfil their legal or contractual obligations as an employer of the Officer by reason of insolvency, sale of ship, change of ships registration or any other similar reason (f) In the event of a ship being bound for a war zone, as defined by national laws or regulations or Officer employment agreement, to which the Officer does not consent to go (g) In the event of termination or interruption of employment in accordance with an industrial award or collective agreement, or termination of employment for any other similar reason. Notwithstanding the above, the Officer may be returned to any other place which may be mutually agreed. Notwithstanding any of the above, the Officer will only be returned to a country to which they have the right of entry under a countries immigration laws. 27.2 Costs: The costs to be borne by the Company for repatriation shall include:
a) b) c) d)
Passage to destination (Normally by Air) Accommodation and food from the moment the Officer leave the ship until reaching the repatriation destination Pay and allowances from the moment the Officer leave the ship until reaching the repatriation destination Medical treatment when necessary until the Officer is medically fit to travel to the repatriation destination
28. PERSONAL EFFECTS

The Personal Effects of Fleet Officers are insured at the Companys expense through a nominated Insurance Company. It should be noted that maximum compensation payable in any one claim is GBP 3,000 and anyone with personal effects exceeding these values should make their own insurance arrangements. A copy of the insurance schedule is available and the nominated Insurance Company will require proof of purchase for all items that a claim for loss or damage is made for.
29. WARLIKE OPERATIONS AREAS

If a vessel in which an Officer serves is ordered to a specific area, which the IBF Warlike Operations Areas Committee has declared to be affected by warlike operations in accordance with the Committees Rules and Procedures, the Company agrees; a) To pay equivalent compensation to that agreed by the Committee. b) To pay equivalent compensation for Officers who are killed, injured or detained as a result of warlike operations, to that agreed by the Committee.
c) In the event of a personal insurance claim being refused by virtue of service in a War Zone, the Company would repay the sum insured to the nominated beneficiary in the policy.
30. COMPENSATION FOR SHIPS LOSS or FOUNDERING

The Company shall pay to each Officer on board an indemnity against unemployment resulting from the vessel loss or foundering. Such indemnity will be in accordance with Regulation 2.6 of MLC 2006.
31. SAFETY, TRAINING, ACCOMMODATION & PROVISIONS

The Company shall maintain all fleet vessels to a standard at least equivalent to those required by United Kingdom Registration regulations, Isle of Man Registry regulations or the ILO regulations, if more stringent with regard to Safety, Training, Accommodation and Provisions. The Company and Union are committed to the development of all Fleet Officers. As a consequence of this, the Company undertakes to provide an extensive Fleet Officer Training Program, which is constantly reviewed to ensure that the most appropriate and effective training can be offered. In order to achieve full benefit from this program, the Company and Union recommend that each Officer will be prepared to attend Company arranged Training Courses for a minimum of 10 training days per annum. Under normal circumstances it is not envisaged that an Officer will be required to attend the full 10 training days during one leave period. SMTC Senior Officers will accrue used earned leave for Company attended training courses, bearing in mind that the SMTC rotations should not be impacted by such attendance. Leave utilised for Company training course attendance, will be placed within the Officers Leave Balance Junior Officers attending an arranged Company training course will have their leave period extended by the number of days actually engaged each Company training course attendance.
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32. DISCIPLINARY RULES & COMPLAINTS PROCEDURE

See Appendix C.
33. INTERPRETATION
Interpretations of this Agreement should be referred to the signatories.
Dated:
For and on behalf of
01st April 2010
Globtik Express Agency:
_____________________________________________
For and on Behalf of Seafarers Union of Croatia :

____________________________________________
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For and on behalf of Shell Ship Management Limited. (As Contract Administrators for Shell International Shipping Services Pte Ltd): ______________________________________
APPENDIX A.
Effective 01 April 2010

Shell International Shipping Services Pte Ltd Master Command Emolument Master Total Globtik Express Agency USD 113,776 3,013 116,789
Chief Officer Second Officer Third Officer Chief Engineer Second Engineer Gas Engineer ( 3/E ) Third Engineer Fourth Engineer
93,606 47,587 35,561 113,776 93,606 71,736 47,587 35,561
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EEO Electrician
58,436 53,451
Certification Bonus Chief Officer & Second Engineer Holding Class 1 Second Officer & Third Engineer Holding Class 2/1 $1,800 per annum $1,200 per annum
Basic Salary Levels only and do not include individual performance awards.
APPENDIX - B
Shell Owned or Managed Vessels Covered by this Agreement 2010:

ARIANTA ACAVUS ACHATINA ABADI BEBATIK BEKALANG BEKULAN BELAIS BELANAK BILIS BUBUK Hull 2273 Hull 2277 GALEA GALLINA GALEOMMA GEMMATA LNG BAYELSA LNG BONNY LNG CROSS RIVER LNG DELTA LNG FINIMA LNG LAGOS LNG PORT HARCOURT LNG RIVERS LNG RIVER NIGER LNG SOKOTO NORTHIA
NATICINA NORTHWEST SANDERLING NORTHWEST SEAEAGLE NORTHWEST SHEARWATER NORTHWEST SNIPE NORTHWEST STORMPETRAL OCANA OTINA ONDINA ONOBA OLIVA OVATELLA TANEA TORINEA TROCHUS
SHELL MANAGED NAKILAT SHIPPING LNGC / LPGC.

LNG AAMIRA AL BAHIYA AL DAFNA AL GHASHAMIYA AL GHUWAIRIYA AL KARAANA AL KHARAITIYAT AL KHATTIYA AL MAFYAR AL MAYEDA AL NUAMAN AL REKAYYAT AL SADD AL SAMRIYA AL SHEEHANIYA BU SAMRA LIJMILIYA MEKAINES MESAIMEER MOZAH ONAIZA RASHEEDA SHAGRA LPG AL WUKIR BU SIDRA LUBARA UMM LAQHAB
21
UMM SLAL ZARGA
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APPENDIX - C
DISCIPLINARY RULES
Officers are expected to observe disciplinary rules connected with Crew Agreements which they sign and those operating in relation to vessels on which they serve. Failure to do so may be considered by the Company as a disciplinary matter. In addition, the following matters will be regarded as a breach of Company Disciplinary rules:a). b). c). d). e). fraud, theft or dishonesty or conviction of a criminal offence involving dishonesty; unauthorised disclosure of confidential information; any incident of actual or threatened violence; racial or sexual harassment; refusal to carry out reasonable instructions.
This list should not be considered exhaustive. DISCIPLINARY PROCEDURE 1. Where disciplinary action is taken against an Officer whilst on a Crew Agreement, that action will be reported to the Company who will consider the case and decide if further action or investigation is appropriate. If the Company's decision is to take the matter further, then the Officer may be required to attend a disciplinary hearing at the Company's office. The hearing will be conducted by an appropriate Manager as decided by the Company. The Manager may obtain any evidence or statements and adopt such procedure as he decides is necessary and appropriate. The Officer shall have the right to submit his own evidence and to call any material witness who can be conveniently available and to submit written statements. The Officer may be accompanied by a work friend or Union representative. On conclusion of the hearing and after due deliberation the Manager will inform the Officer in writing of his or her decision. Notwithstanding any action taken by the Master of the vessel in question, the Company may decide either to take no action of its own or to substitute a lesser or greater penalty which may be either: (i) (ii) (iii) 7. ORAL WRITTEN Warning Warning
2.
3.
4. 5. 6.
DISMISSAL from the Company.
In reaching his or her decision, the Manager will take into account all the circumstances of the matter including the weighting given to the particular act of misconduct by the MN Code of Conduct, if appropriate. The matters listed (a-e) above shall be treated as serious offences for which the Officer will be dismissed unless the particular circumstances warrant a lesser penalty.
8.
The Officer shall have the right to appeal against any disciplinary action taken by the Company. That appeal must be lodged in writing within 7 days setting out the particular grounds. A Senior Manager not previously involved will conduct the appeal adopting similar procedure as above. On appeal the decision may be to confirm the original decision or to impose a lesser or greater penalty or no penalty. The Company may suspend the Officer on pay pending the outcome of a disciplinary hearing.
9,
23
APPENDIX - D
COMPLAINTS PROCEDURE
In compliance with the MLC 2006 Complaints Procedure, section 4.5. The onboard complaints procedure shall follow the requirements of the ILO Marine Labour Convention 2006 and will be fair, effective and expeditious in handling a seafarers complaint.
Step 1
Any initial complaints should preferably be directed to the appropriate Head of Department (Chief Officer, Chief Engineer, Chief Cook), in an attempt to resolve the matter informally. However the seafarer has the right to file their complaint directly with the Master (step 2), Ship Manager (step 3) or Flag State (Step 4). Any issues raised must be clearly identified in the description of the complaint, along with the actions taken by the head of department to resolve the complaint
Step 2
If the complaint cannot be satisfactorily resolved by the head of department then it should be directed to the Master for review.
Step 3
If the complaint cannot be resolved by the Master then it must be directed to the Managing office via the DPA mail box or by calling the DPA. The Master must provide a full description of the complaint and any action taken to attempt to resolve the complaint The DPA department shall review the complaint and take whatever action is deemed appropriate in line with the requirement of the Marine Labour Convention 2006
Step 4
In all cases the seafarer has the right to file their complaint with the Flag State. The contact details for the relevant Flag States are: Flag State contacts for complaints relating to the Maritime Labour Convention: Australia Bermuda Brunei Isle of Man Marshall Islands Singapore Qatar A Shell Form 576 Onboard Complaint report form must be used to record the complaint and actions relating to the resolution of that complaint. A copy of the complaint form must be provided to the seafarer concerned. A copy of the report must also be filed in the ILO folder and retained for at least 12 months. Personnel should be aware that these procedures in no way infringe with their entitlement to contact their appropriate Union Officials at any time. They may wish to be accompanied to any hearing or meeting by a Union Official, Work Colleague as appropriate and this option should be offered to the persons involved. The seafarer has the right to be accompanied by another seafarer or representative of their choice to safeguard the seafarers rights and to provide support. The seafarer may approach any of the heads of department onboard on a confidential basis to provide impartial advice on their complaint and otherwise assist them in following the complaints procedure.
24
Additional reference material is available within approved publications such as the Diversity Awareness in the Shell Fleet and the IMS - FMM- Personnel Manual Section 4 - Code of Conduct. In order to assist with the procedures as laid out above, all available methods of communication may be utilized, the methods used being flexible on a case to case basis, for example the use of teleconferencing facilities or arranged meetings where appropriate. It is of utmost importance that all complaint matters are dealt with as quickly as possible. To this end, matters raised should be current, and delays between procedural steps should be avoided as far as practicable. Matters that are raised at a later date will be very difficult to accurately report, therefore increasing the difficulty in drawing a satisfactory conclusion for all parties involved. It will not usually be possible to investigate accurately any complaint that is raised more than 6 months after the alleged date of occurrence. It is expected that all personnel involved in the complaint will carry out their duties in their normal professional manner. Any individual who is involved in these complaint procedures must not be penalised in any way for doing so. It must be recognised however that any raised complaint that is found to be vindictive, malicious or fraudulent will not be tolerated and this may result in disciplinary action being taken.
Management Commitment to Equal Opportunities and Diversity

It is the companies aim to create an environment for all personnel that is free from intimidation, humiliation, harassment or abuse. These unacceptable behaviours are unfair and shall undermine the confidence of all onboard, as well as reducing morale. Types of harassment include racial and sexual harassment, as well as bullying. It is therefore accepted as the responsibility of personnel to build and maintain work conditions that are safe, fair, respectful and free from all forms of discrimination and harassment. Information booklets such as Diversity Awareness in the Shell Fleet should be read, understood and adhered to in order to promote and comply with the companies Equal Opportunities and Diversity Policy.
Harassment and Bullying

It must be recognized that individuals will have different levels of sensitivity, and therefore it will be up to the recipient to decide whether they are experiencing behaviours that are unacceptable to them. It does not matter whether a third party considers the behaviour to be harassment it is the way the behaviour is perceived by the recipient that counts. While sexual and racial harassment can be a significant workplace problem, these are only two of many types of harassment that may occur at work.
Examples of Harassment
Displaying or circulating offensive or suggestive material Innuendo, mockery, lewd or sexist/racist/homophobic jokes or remarks The use of offensive language in describing someone with a disability or making fun of someone with a disability Comments about a persons physical appearance or character which cause embarrassment or distress Unwelcome attention such as spying, stalking, pestering, overly familiar behaviour or unwelcome verbal or physical attention Making or sending unwanted, sexually suggestive, hostile or personally intrusive telephone calls, emails, faxes or letters Unwarranted, intrusive or persistent questioning about a persons marital status, personal life, sexual interests or orientation, or similar questions about a persons racial or ethnic origin, including their culture or religion Unwelcome sexual advances or repeated requests for dates or threats Suggestions that sexual favours may further a persons career, or that not offering them may adversely affect their career
25
Leering, rude gestures, touching, grabbing, patting, or other unnecessary bodily contact such as brushing up against others
Bullying can be regarded as the use of numerical, physical or mental strength, or a position of authority to intimidate, persecute or victimize individuals or groups.
Examples of Harassment
Verbal or physical threats or abuse, such as shouting or swearing at staff or colleagues, either in public or in private, including derogatory or stereotyped statements or remarks Making threats or inappropriate comments about career prospects, job security or performance appraisal reports Personal insults Belittling or ridiculing a person, or their abilities, either in private or in front of others Spreading malicious rumours about someone Sudden rages or displays of temper against an individual or group, often for trivial reasons Subjecting someone to unnecessarily excessive or oppressive supervision, monitoring everything they do or being excessively critical of minor things Persistent or unjustified criticism Making unreasonable demands on staff or colleagues Setting menial or demeaning tasks that are inappropriate to the job or taking away areas of responsibility from an individual for no justifiable reason Ignoring or excluding an individual e.g. from social events, team meetings, discussions and collective decisions on planning.
In order to promote and maintain a working environment free from any form of harassment and bullying, it is essential that all personnel lead by example and make it clear to others that they disapprove of any form of discrimination. In support of these procedures, reference should be made to the Diversity Awareness in the Shell Fleet booklet, copies of which are held onboard by the master, and IMS Fleet Personnel Manual annex 3d Diversity and Inclusiveness Policy.
26
Shell International Trading and Shipping Company

Onboard Complaints Procedure (MLC 2006) Form 576
Ship's Name Name Rank Date Description of Complaint
MLC Reference Complaints should preferably be directed to the appropriate Head of Department (Chief Officer, Chief Engineer, Chief Cook), in an attempt to resolve the matter informally. However the seafarer has the right to file their complaint directly with the Master, Ship Manager or Flag State. (Contact details to be supplied) Step 1 Head of Department (Rank) Head of Department (Name) HoD Comments of Actions (Date)
If the complaint cannot be resolved by the HoD the complaint should be directed to the Master in an attempt to satisfactorily conclude the matter.
The seafarer has the right to be accompanied or represented by another seafarer of their choice. Step 2 Master Name Masters Comments of Actions (Date)
If the complaint cannot be resolved by the Master then the complaint should be directed to the STASCo DPA Dept. Step 3 Managing Office Representative (Name) Managing Office Comments of Actions
A copy of this complaint and all decisions must be provided to the seafarer concerned.
28
APPENDIX - E
Shell International Shipping Services Pte Ltd. Secrecy and Confidentiality.

During the course of your employment, it is probable that you will generate or become aware of information which is, or may be, confidential. You are reminded that all such information must be treated by you accordingly. The following clauses set out the terms and conditions of your employment relating to the matters referred to above.
Clause 1
a) b) c) For the purpose of this Agreement the expression Confidential Information shall mean any information of whatever nature (technical, scientific, commercial Generated by the Employee in the course of his/her duties Becoming known to the Employee as a consequence of his/her employment during his/her employment with the Company or during his/her employment under any previous contract with the Company or any of its Associated Companies to the extent that such information was not already public knowledge or literature at the time of generation or becoming known.
Clause 2 Except so far as the Company otherwise consents: a) The Employee shall not, during his/her employment with the Company, divulge or utilise, except so far as may be necessary for the exercise of his/her duties, with the Company any Confidential Information. b) He/she shall, both during and after his/her employment with the Company take all reasonable precautions to keep all such information secret. c) The Employee shall not, except so far as may be necessary for the exercise of his/her duties, remove any original or copy of any communication, document or other material (including samples or specimens) of whatever nature from the possession of the Company or any of its Associated Companies. d) If on the termination of his/her employment with the Company, the Employee is in possession of any original or copy of any communication, document or other material (including samples or specimens) of whatever nature obtained from the Company or any of its Associated Companies, or containing any Confidential Information, he/she shall immediately return the same to the Company.
Clause 3
a) The undertakings by the Employee regarding the use and disclosure of Confidential Information as specified in sub-clause (2) of this Clause, shall no longer be in force once the information in question has become public knowledge or literature through no default of the Employee.
b) Nothing herein shall prevent the Employee using, after termination of his employment, any
information acquired by him/her during his/her employment in so far as such information can fairly be regarded as representing an addition to the personal skill, experience or ability of the
29
Employee and in so far as such use by the Employee will not be harmful to the interests of the Company or any of its associated Companies or any of their employees.
30
APPENDIX - F
SHORT TERM DISABILITY INSURANCE RULES

Shell Ship Management Limited as Contract Administrators for Shell International Shipping Services Pte Ltd, have negotiated the following Short Term Disability Cover for those contracted Fleet Officers who are declared permanently unfit for seagoing duties and whose medical condition, determined as critical illness, examples given below, significantly reduces their ability to work.
Short Term Disability:

Heart attack Cancer Stroke Coronary Artery bypass surgery Kidney failure Major organ transplant Paralysis Blindness Multiple sclerosis Burns Coma Total and permanent disability
Benefit Basis:
Flat rate benefit of 75% of salary (subject to a maximum of 41,000 per annum). Payment to commence 6 months after the critical illness results in the withdrawal of a Fleet Officers seagoing Medical Certification and he has left Company employment. Subject to review at 6 monthly intervals or at the request of the Insurance Company. Payment period maximum 2 years. Insurance cover ceases for an insured Fleet Officer:
a) upon attainment of age 65; b) after last day of paid service when an Officer leaves service prior to the age of 65; A Full description of this Short Term Disability policy is available upon request.
31

Shell International Shipping Services Agreement with Croatian Union

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Shell International Shipping Services Agreement with Croatian Union

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AGREEMENT BETWEEN Shell International Shipping Services (Pte) Ltd & Seafarers Union of Croatia (SUC) SISS CROATIAN

OFFICERS with GLOBTIK EXPRESS AGENCY APRIL 2010

Shell International Shipping Services SISS- GEA T&C Agreement 2010

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

Shell International Shipping Services SISS- GEA T&C Agreement 2010

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

1. CONSULTATION AND NEGOTIATION

Shell International Shipping Services SISS- GEA T&C Agreement 2010

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

10. HOURS OF WORK

11. SHIP MANAGEMENT TEAM CONTINUITY (SMTC)

12. PERIODS OF SERVICE

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

Tour Length normally 4 months duration.

14. STANDBY PAY

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

15. SICK PAY

16. STUDY LEAVE

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

17. PENSIONS & SOCIAL SECURITY

19. DEATH IN SERVICE

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

20. GROUP PERSONAL ACCIDENT INSURANCE

21. SHORT TERM DISABILITY INSURANCE POLICY.

22. SPOUSE / PARTNER ON BOARD

Shell International Shipping Services SISS- GEA T&C Agreement 2010

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

Joining ONLY Joining ONLY Joining ONLY Joining ONLY

24. MEDICAL TREATMENT

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

25. PERSONAL INJURY

26. COST OF LEGAL ACTION

27. SEAMEN LEFT BEHIND ABROAD (REPATRIATION)

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

28. PERSONAL EFFECTS

29. WARLIKE OPERATIONS AREAS

Shell International Shipping Services SISS- GEA T&C Agreement 2010

30. COMPENSATION FOR SHIPS LOSS or FOUNDERING

31. SAFETY, TRAINING, ACCOMMODATION & PROVISIONS

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

32. DISCIPLINARY RULES & COMPLAINTS PROCEDURE

01st April 2010

Globtik Express Agency:

For and on Behalf of Seafarers Union of Croatia :

2010 SISS Globtik Express Agency T&C Agreement

Shell International Shipping Services SISS- GEA T&C Agreement 2010

Effective 01 April 2010

93,606 47,587 35,561 113,776 93,606 71,736 47,587 35,561

2010 SISS Globtik Express Agency T&C Agreement