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INDIVIDUAL WORKING CONTRACT

__________________________________________

This Individual Working Contract, being part of Collective Agreement between

..............................................................................................(Shipowners/Shipping Co.)

and Kesatuan Pelaut Indonesia on

...........................................................................................................................
is made by and between :

.................................................................................................................
(Foreign Shipowners/Shipping Co.)
Having it's address at :

..........................................................................................................................................

..........................................................................................................................................
hereinafter referred as the Company,

and

Seafarer.............................................................................................................................

born at
...........................................................on...........................................................................

and registered member of Kesatuan Pelaut Indonesia No................................................


hereinafter referred to as the Seafarer,

Whereby the following terms and conditions of employment are mutually agree upon.

ARTICLE I : ENGAGEMENT

The Company shall engage the Seafarer in accordance with the Collective Bargaining
Agreement (CBA) with the Kesatuan Pelaut Indonesia, and to be executed with utmost
good faith.
ARTICLE II : WAGES AND OVERTIME

During the period of this Contract, the Seafarer shall be employed by the Company
in the capacity of
.........................................................................................................................................,
onboard
the ..........................................................................................................................................

and be paid a monthly basic wage of US$.........................................and fixed or hourly

overtime rate (delete as applicable) of US$.....................................................................


in accordance with Article IV of the CBA mentioned in Article I above.

ARTICLE III : LEAVE PAY

1. The Seafarer shall receive 7 (seven) days (23%) leave pay a month for officers
and 3 (three) days (10%) leave pay a month for ratings at the seafarer’s basic
wage rate, as stipulated in Annex 1 of the Agreement.

2. Such leave pay shall be accumulated during the validity of the contract and be
paid to the Seafarer at the time of signing off.

ARTICLE IV : ALLOTMENT

1. The Seafarer may file, either with the Company or the Master of the vessel, a
signed allotment note of a maximum 80% of the accrued basic wages.

2. The Company shall thereupon arrange to remit a monthly allotment payable in


US Dollars or its equivalent in local currency to the person named in the
allotment note. Such remittance shall be sent at the end of every month.

ARTICLE V : WORKING HOURS

1. The ordinary hours of work for a day worker shall be eight (8) hours per day
Monday through Friday between 0800 and 1700 hrs and four (4) hours on
Saturday between 0800 and 1200 hrs.

Work in excess of 8 (eight) hours per day Monday through Friday, 4 (four)
hours on Saturday and all Sunday shall be compensated for by overtime at the
rates stipulated in Annex 2 of the Agreement.

2. Except for Officers the compensation for 80 hours overtime per month shall be
guaranteed to day work Ratings and overtime performed beyond the 80 hours
per month shall be compensated with hourly overtime rate stipulated in the
wage scale (Annex 2).

3.. All work performed on holidays shall be compensated as overtime. Official


Indonesia holidays shall be issued by the Indonesian Government every year.
The Union is responsible for the circulation of same to the Company for
reference.

4. No extra compensation shall be paid for work in connection with drills,


inspections or examinations required by law or emergency work required for
the safety of passengers, crew, vessel, cargo or another vessel in distress. This
clause shall not apply to annual inspection of the vessel.

5. Each Seafarer shall have at least one period of 10 (ten) consecutive hours off
duty in each period of 24 (twenty-four). Such period of 24 hours shall
commence at the time a Seafarer starts work immediately after having had a
period of at least 8 consecutive hours off duty.

ARTICLE VI : DISCIPLINE

1. The Seafarer while employed on board a vessel shall comply with all lawful
orders of his superiors and division heads and shall obey all Company’s rules.
Recognizing the necessity for discipline on board a vessel, and in order to
protect a Seafarer against unfair treatment, the Company agrees to post on the
bulletin board of each vessel a list of rules which shall constitute reason for
which Seafarer may be discharged without further notice, as stipulated in
Annex 3 to the Agreement.

2. For other offenses not on the posted list, Seafarer shall not be discharged
without first having been notified in writing that a repetition of the offense
shall make him liable to dismissal.

ARTICLE VII : TRANSPORTATION AND WAGES UPON TERMINATION

On termination of employment, the Seafarer shall be paid for or provided with


transportation of a kind and class, as determined by the Company, to return to the
place where he was employed/place of engagement (immigration laws permitting), or
to the airport or seaport nearest the Seafarer’s home, to be determined by the
Company at it's sole discretion, and he shall be paid his wages including his arrival
in the said port, except when the termination is upon the request of the Seafarer in
accordance with Article XVI (1). of the Agreement.

ARTICLE VIII : INSURANCE

1. The Company shall, as a condition of employment, arrange insurance for


Seafarer, with regard to :

- personal effects
- personal accidents
- loss of life/death in service
2. For loss and /or damage of personal effects due to ship accident, the
maximum benefit amounts to US$ 2,000.-. This benefit does not cover money
and securities. Benefit shall be calculated according to the actual value of the
object lost or damaged. No compensation shall be paid when the loss or
damage is due to the gross negligence or malice of the Seafarer.
3. Accident

a. A Seafarer, during his contract period, meeting with an accident that


results in 100% disability shall be entitled to compensation of US$ 40,000
for ratings and US$ 60,000 for officers.

b. In the event of permanent partial disability the amount of compensation


shall be calculated according to the table in the Agreement Article XII.

4. Loss of Life/Death During Contract Period

a. In the event of an industrial accident resulting in the death of a Seafarer,


his next of kin i.e. his lawful wife and children shall receive a
compensation of US$ 40,000 and US$ 8,000 for each child under the age
of 18 years but not exceeding three children.

b. Upon the request of the Seafarer’s next of kin, the Company shall assume
the obligation and bear all costs of returning the remains of a deceased
seafarer, as the result of an accident, to the Seafarer’s home, subject to any
contravening government regulations. Should the Master determine that
should such obligation, because of time required to reach a suitable port,
would impair the health and welfare of the other crew onboard burial at
sea shall be the only option.

c. The Company shall make insurance arrangements to cover the death of a


Seafarer by other causes, except self-inflected. The Seafarer's next of kin
shall receive compensation of US$ 15,000. From this amount the
Company shall deduct all relevant costs for the returning of the remains
but such deduction shall not exceed US$ 3,000.

ARTICLE IX : EQUIPMENT FOR SAFETY IN COLD CLIMATE.

In cold climates and winter time and in areas having temperatures of 15 degree centigrade
or less, the Seafarer shall be provided with winter clothing and equipment, and shall at
least consist of:
- a winter overcoat or jacket;
- scarf and head cover or the equivalent;
- winter working shoes;
- winter working gloves;
- winter working clothes.
Such equipment and clothing shall remain the property of the Company.
ARTICLE X : GRIEVANCE

1. Any Seafarer who feels that he has been unjustly treated or been subjected to
unfair consideration shall have the right to have said grievance adjudicated by
the action of the Seafarer himself or with the assistance of the designated Union
representative onboard the vessel, if any, in the following manner :

(i) Presentation of the complaint to his immediate superior


(ii) Appeal to the Seafarer's Head of Department
(iii) Appeal to the Master

2. In the event that the grievance cannot be resolved onboard, the decision of the
Master shall prevail whilst at sea and in foreign ports. On arrival at a port where
the Company maintains an operations office and the Union also maintains an
office presentation shall be made to the appropriate representatives of both sides
in the dispute for their deliberations.

If after the above deliberations the dispute remains unresolved it shall be referred
to the Company's and the Union's head offices for their joint deliberations. It is
understood however that this course of action shall be used sparingly and that
every effort shall be made to settle any dispute either onboard or in the port where
it arises.

ARTICLE X : EFFECTIVE DATE AND DURATION OF CONTRACT

1. Effective date : This contract and all its provisions shall take effect as from
..............................................

2. Duration : This contract shall be valid


until ............................................................................
unless terminated by either Party hereto upon 30 (thirty) days written notice to
the other Party.

In witness hereof the aforesaid terms and conditions, both parties sign this contract

this day .......................................

on behalf of on behalf of
The Company The Seafarer

Approved by :

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