ROMANIAN SEAFARERS UNIFORM TOTAL CREW COST ("TCC")

COLLECTIVE BARGAINING AGREEMENT (“CBA”)

For Crews on Flag of Convenience Ships
2022 - 2023
Application
§1

1.1 This Collective Bargaining Agreement (CBA), (hereinafter the “Agreement”) sets out the
standard terms and conditions applicable to all Seafarers serving on any ship ofwhich there
is in existence a Special Agreement made betweenRomanian Seafarers Free Union (SLN) on
behalf of International Transport Workers’ Federation (hereinafter the “ITF”) and the owner
or operator (hereinafter the “Company”).

1.2 This Agreement is deemed to be incorporated into and to contain the terms and conditions of
the contract of employment of any Seafarer to whom this Agreement applies.The
incorporation of this Agreement into each Seafarer’s individual contract of employment shall
be made explicit.

1.3 The Special Agreement requires the Company (inter alia) to employ the Seafarers on the
terms and conditions of an ITF approved Agreement (CBA), and to enter into individual
contracts of employment with any Seafarer to whom this Agreement applies, incorporating
the terms and conditions of an ITF approved Agreement (CBA). The Company undertakes
that it will comply with all the terms and conditions of this Agreement. The Company shall
further ensure that signed copies of the applicable ITF approved Agreement (CBA) and of
the ITF Special Agreement are available on board in English.

1.4 The words “Seafarer”, “ship”, Special Agreement’, “union”, “ITF” and “Company” when
used in this Agreement shall have the same meaning as in the Special Agreement.
Furthermore, “Seafarer” means any person who is employed or engaged or works in any
capacity to whom this Agreement applies and “MLC” means Maritime Labour Convention
adopted by the General Conference of the International Labour Organization on 23 February
2006.

1.5 Each Seafarer, in accordance with 1.1 above, shall be covered by the Agreement with effect
from the date on whichthey are engaged, whether they have signed Articles or not, until the
date on which they sign off or if later the date until which, in accordance with this
Agreement, the Company is liable for the payment of wages, whether or not any
employment contract is executed between the Seafarer and the Company and whether or not
the Ship’s Articles are endorsed or amended to include the rates of pay specified in this
Agreement.

Pre-Employment
§2

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2.1 Each Seafarer shall undertake to serve the Company competently and shall undertake that
they possess, and will exercise, the skill commensurate with the certificates, which they
declare to hold, which should be verified by the Company.

2.2 The Company shall be entitled to require that any Seafarer shall have a satisfactory pre-
employment medical examination, at Company expense, by a Company-nominated doctor
and that the Seafarer answer faithfully any questionnaire on their state of health, which may
be required. Failure to do so may affect the Seafarer’s entitlement to compensation as per
Articles 21,22,23,24 and 25. The Seafarer shall be entitled to receive a copy of the medical
certificate issued in respect of such an examination. The provisions of this Article shall
equally apply to Seafarers who were previously employed by the Company, signed-off due
to medical reasons pursuant to Article 18.1 (b) and maybe willing to be re-employed upon
recovery. Any such recovered Seafarers shall be treated equally to the other candidates
undergoing medical examination.

2.3 As far as practicable, Companies who are direct employers or who use Seafarers recruitment
and placement services shall ensure that the standards laid down in the MLC are met
including the requirement that no fees or visa costs are borne directly or indirectly, in whole
or in part, by the Seafarers for finding employment, the right for Seafarers to inspect their
employment documents and seek advice before engagement and preventing the recruitment
or placement services from using means, mechanisms or lists to prevent Seafarers from
gaining employment for which they are qualified.

2.4Each Seafarer shall sign an MLC compliant Seafarer’s employment contract.

2.5 Documentation as required by the Flag State shall be at Company expense.

Non-Seafarers Work
§3

3.1 Neither Seafarers nor anyone else on board whether in permanent or temporary employment
by the Company shall carry out cargo handling services in a port, at a terminal or on board
of a vessel, where dock workers, who are members of an ITF affiliated union, are providing
the cargo handling services.  Where there are not sufficient numbers of qualified dock
workers available, the ship’s crew may carry out the work provided that there is prior
agreement of the ITF Dockers Union or ITF Unions concerned; and provided that the
individual Seafarers volunteer to carry out such duties; and those Seafarers are qualified and
adequately compensated for that work. For the purpose of this clause “cargo handling
services” may include but is not limited to: loading, unloading, lashing, unlashing, checking
and receiving.

3.2 Where a vessel is in a port where an official trade dispute involving an ITF-affiliated dock
workers’ union is taking place, there shall not be any cargo operations undertaken which
could affect the resolution of the dispute. The Company will not take any punitive measures
against any Seafarer who respects such dockworkers’ trade dispute and any such lawful act
by the Seafarer shall not be treated as any breach of the Seafarer’s contract of employment,
provided that this act is lawful within the country it is taken.

3.3 For crewmembers compensation for such work performed during the normal working week,
as specified in Article 5, shall be by the payment of the overtime rate specified in Annex 2 for
each hour or part hour that such work is performed, in addition to the basic pay. Any such

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 work performed outside the normal working week will be compensated at double the
overtime rate.

3.4 In implementing the provisions of Articles 3.1 and 3.2 above, specific conditions may apply
as identified in Annex 7 to this CBA.

Duration of Employment
§4

4.1 A Seafarer shall be engaged for 6 (six) months and such period may be extended or reduced
by 1 month for operational convenience. The employment shall be automatically terminated
upon the terms of this Agreement at the first arrival of the ship in port after expiration of that
period, unless the Company operates a permanent employment system.

Hours of Duty
§5

5.1 The normal hours of duty shall be eight hours per day from Monday to Friday inclusive.

Overtime
§6

6.1 Any hours of duty in excess of the 8 (eight) shall be paid for by overtime, the hourly overtime
rate shall be 1.25 the basic hourly rate calculated by reference to the basic wage for the
category concerned and the weekly working hours (Annex 2 and 2A).

6.2 At least 103 (one hundred and three) hours guaranteed overtime shall be paid monthly to
each Seafarer.

6.3 Overtime shall be recorded individually and in duplicate either by the Master or the Head of
the Department.

6.4 Such record, endorsed by the Master or a person authorised by the Master, shall be accessible
to the Seafarer. Every month the Seafarer shall be offered to endorse the record. After the
record is endorsed, it is final. On completion of his/her contract, one copy shall be provided
to the Seafarer, is such information is not already contained within the Seafarer’s pay
documents. A Seafarer may request a printed copy of his/her overtime records at any time
during his/her contract term.

6.5 Any additional hours worked during an emergency directly affecting the immediate safety of
the ship, its passengers, crew or cargo, of which the Master shall be the sole judge, or for
safety drills or work required to give assistance to other ships or persons in immediate peril
shall not count for overtime payment.

6.6 If no overtime records are kept as required in 6.3 and 6.4 above, the Seafarer shall be paid
monthly a lump sum for overtime worked calculated at 160 hours at the hourly overtime rate
without prejudice to any further claim for payment for overtime hours worked in excess of
this figure.
Holidays
§7

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7.1 For the purpose of this Agreement the days listed in Annex 3 shall be considered as holidays
at sea or in port. If a holiday falls on a Saturday or a Sunday, the following working day
shall be observed as a holiday.

Rest Periods
§8

8.1 Each Seafarer shall have a minimum of 10 hours rest in any 24 hour period and 77 hours in
any seven-day period.

8.2 This period of 24 hours shall begin at the time a Seafarer starts work immediately after
having had a period of at least 6 consecutive hours off duty.

8.3 The hours of rest may be divided into no more than two periods, one of which shall be at
least 6 hours in length, and the interval between consecutive periods of rest shall not exceed
14 hours.

8.4 The Company shall post in an accessible place on board a table detailing the schedule of
service at sea and in port and the minimum hours of rest for each position on board in the
language of the ship and in English.

8.5 Nothing in this Article shall be deemed to impair the right of the Master of a ship to require a
Seafarer to perform any hours of work necessary for the immediate safety of the ship, persons
on board or cargo, or for the purpose of giving assistance to other ships or persons in distress
at sea. In such situation, the Master may suspend the schedule of hours of work or hours of
rest and require a Seafarer to perform any hours of work necessary until the normal situation
has been restored. As soon as practicable after the normal situation has been restored, the
Master shall ensure that any Seafarers who have performed the work in a scheduled rest
period are provided with an adequate period of rest. In addition, the International
Convention on Standards of Training, Certification and Watch Keeping for Seafarers (STCW)
requirements covering overriding operational conditions shall apply, including those of
STCW A-VIII/1, Article 9.

8.6 A short break of 30 minutes or less will not be considered as a period of rest.

8.7 Emergency drills and drills prescribed by national laws and regulations and by international
instruments shall be conducted in a manner that minimises the disturbance of rest periods
and does not induce fatigue.

8.8 The allocation of periods of responsibility on Unmanned Machinery Space (UMS) Ships,
where a continuous watchkeeping in the engine room is not carried out, shall also be
conducted in a manner that minimises the disturbance of rest periods and does not induce
fatigue and an adequate compensatory rest period shall be given if the normal period of rest
is disturbed by call-outs.

8.9 Records of Seafarers daily hours of rest shall be maintained to allow for monitoring of
compliance with this Article.

Wages
§9

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9.1 The wages of each Seafarer shall be calculated in accordance with this Agreement and as per
the attached wage scales (Annex 2 and 2A) and the only deductions from such wages shall be
proper statutory and other deductions as recorded in this Agreement and/or other
deductions as authorised by the Seafarer.The wage scale in Annex 2 and 2A shall be deemed
as a minimum requirement. Where a higher entitlement than in the wage scale may be
agreed for the Seafarer, such higher entitlement shall be guaranteed and may not be
decreased for the duration of the tour of duty.

9.2 The Seafarer shall be entitled to payment of their net wages, after deductions, in US dollars,
or in a currency agreed with the Seafarer, at the end of each calendar month together with an
account of their wages, identifying the exchange rate where applicable.

9.3 Any wages not drawn by the Seafarer shall accumulate for their account and may be drawn
as a cash advance twice monthly.

9.4 For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.

9.5 A Seafarer who is 21 or over and is not a trainee shall be paid at the equivalent rate of an
ordinary seaman.

Allotments
§10

10.1 Each Seafarer to whom this Agreement applies shall be allowed an allotment note, payable at
monthly intervals, of up to 80% of basic wages after allowing for any deductions as specified
in Article 9, in line with the provisions of ILO MLC Standard A2.2, paragraph 5.

Leave
§11

11.1 Each Seafarer shall, on the termination of employment for whatever reason, be entitled to
payment of 7 days’ leave for each completed month of service and pro rata for a shorter
period.

11.2 Payment for leave shall be at the rate of pay applicable at the time of termination plus a daily
allowance as specified in Annex 4.

Subsistence Allowance
§12

12.1 When food and/or accommodation is not provided on board the Company shall be
responsible for providing food and/or accommodation of suitable quality.

Watch-keeping
§13

13.1 Watch-keeping at sea and, when deemed necessary, in port, shall be organised where
possible on a three-watch basis.

13.2 It shall be at the discretion of the Master which Seafarers are put into watches and which, if
any, on day work.
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13.3 While watch-keeping at sea, the officer of the navigational watch shall be assisted by a posted
lookout during the hours of darkness and as required by any relevant national and
international rules and regulations, and, also whenever deemed necessary by the Master or
officer of the navigational watch.

13.4 The Master and Chief Engineer shall not normally be required to stand watches.

Manning
§14

14.1 The Ship shall be competently and adequately manned so as to ensure its safe operation and
the maintenance of a three watch system whenever required and in no case manned at a
lower level than the attached manning scale (Annex 5) based on the applicable standard laid
down in the ITF Policy on Manning of Ships in accordance with relevant and applicable
international laws, rules and regulations (Annex 5).

The union and the company may negotiate and apply a manning scale different to that of the
ITF Policy on Manning of ships (Annex 5) taking into consideration the type and trade of the
ship when signing the Special Agreement.

The agreed manning shall not include any temporary or riding squad workers. However, in
certain circumstances, the Company and the ITF affiliated union can agree that for a limited
period temporary riding squads may be used on board subject to the following principles:
 persons engaged for security purposes should not undertake other Seafarers’ duties;
 only specific tasks authorized by the Master can be carried out by the riding squads;
 classification societies are to be informed of any survey or structural work carried
out in compliance with IACS UR Z13;
 all riding squads must be covered by an Agreement in line with ILO conventions
and recommendations; and
 riding squads should not be used to replace current crew or be used to undermine
this Agreement.

Shorthand Manning
§15

15.1 Where the complement falls short of the agreed manning, for whatever reasons, the basic
wages of the shortage category shall be paid to the affected members of the concerned
department. Every effort shall be made to make good the shortage before the ship leaves the
next port of call. This provision shall not affect any overtime paid in accordance with Article
6.

Service in Warlike Operations Areas/High Risk Areas

§16

16.1 A warlike operations area or high risk zone will be designated by the ITF. The list of such ITF
designated areas will be available in the ITF’s website and amended from time to time. An
updated list of the Warlike Operations areas shall be kept on board the vessels and shall be
accessible to the crew.

16.2 At the time of the assignment the Company shall inform the Seafarers if the vessel is bound
to or may enter any Warlike Operations area. If this information becomes known during the
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 period of the Seafarers’ employment on the vessel the Company shall advise the Seafarers
immediately.

16.3 If the vessel enters a Warlike Operations area:

 The Seafarer shall have the right not to proceed to such area. In this event the
Seafarer shall be repatriated at Company’s cost with benefits accrued until the date
of return to his/her home or the port of engagement.

 The Seafarer shall be entitled to a double compensation for disability and death.

 The Seafarer shall also be paid a bonus equal to 100% of the daily basic wage for the
durations of the ship’s stay in a Warlike Operations area – subject to a minimum of 5
days pay.

 The Seafarer shall have the right to accept or decline an assignment in a Warlike
Operations area without risking losing his/her employment or suffering any other
detrimental effects.

16.4 In addition to areas of warlike operations, the ITF may determine High Risk Areas and
define, on a case-by-case basis, the applicable Seafarers’ benefits and entitlements, as well as
employers’ and Seafarers’ obligations. In the event of any such designations the provisions of
Articles 16.1 and 16.2 shall apply. The full details of any Areas so designated shall be
attached to the CBA and made available on board the vessel.

16.5 In case a Seafarer may become captive or otherwise prevented from sailing as a result of an
act of piracy or hijacking, irrespective whether such act takes place within or outside ITF
designated areas referred to in this Article, the Seafarer’s employment status and
entitlements under this Agreement shall continue until the Seafarer’s release and thereafter
until the Seafarer is safely repatriated to his/her home or place of engagement or until all
Company’s contractual liabilities end. These continued entitlements shall, in particular,
include the payment of full wages and other contractual benefits. The Company shall also
make every effort to provide captured Seafarers, with extra protection, food, welfare, medical
and other assistance as necessary.

Crew’s Effects
§17

17.1 When any Seafarer suffers total or partial loss of, or damage to, their personal effects whilst
serving on board the ship as a result of wreck, loss stranding or abandonment of the vessel,
or as a result of fire, flooding, collision, or an act of piracy or armed robbery against
ships/hostage taking, excluding any loss or damage caused by the Seafarer’s own fault or
through theft or misappropriation, they shall be entitled to receive from the Company
compensation up to a maximum specified in Annex 4.

17.2 The Seafarer shall certify that any information provided with regard to lost property is true to
the best of their knowledge.

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17.3 The Company shall take measures for safeguarding property left on board by sick, injured or
deceased Seafarers and for returning it to them or to their next of kin.

Termination of Employment
§18

18.1 The employment shall be terminated:

a. upon the expiry of the agreed period of service identified in Article 4;
b. when signing off owing to sickness or injury, after medical examination in
accordance with Article 21.

18.2 The Company may terminate the employment of a Seafarer:

a. by giving one month’s written notice to the Seafarer;
b. If the Seafarer has been found to be in serious default of his employment obligations
in accordance with Article 20;
c. upon the total loss of the ship, or when the ship has been laid up for a continuous
period of at least one month or upon the sale of the Ship.

18.3 A Seafarer to whom this Agreement applies may terminate employment:

a. by giving one month’s written notice of termination to the Company or the Master
of the ship;
b. when, during the course of a voyage it is confirmed that the spouse, partner (when
nominated by the Seafarer as the next of kin), parent or dependent child has fallen
dangerously ill or dies;
c. if the ship is about to sail into a warlike operations area or a High Risk Area, in
accordance with Article 16 of this Agreement;
d. if the Seafarer was employed for a specified voyage on a specified ship, and the
voyage is subsequently altered substantially, either with regard to duration of
trading pattern;
e. if the ship is certified substandard in relation to the applicable provisions the Safety
of Life at Sea Convention (SOLAS) 1974, the International Convention on Load lines
(LL) 1966, the Standards of Training Certification and Watch-keeping Convention
(STCW) 1995, the International Convention for the Prevention of Pollution from
Ships 1973, as modified by the Protocol of 1978 (MARPOL) or substandard in
relation to ILO Convention No. 147, 1976, Minimum Standards in Merchant Ships as
supplemented by the Protocol of 1996 and remains so for a period of 30 consecutive
days provided that adequate living conditions and provisions are provided on
board or ashore. In any event, a ship shall be regarded as substandard if it is not in
possession of the certificates required under either applicable national laws and
regulations or international instruments;
f. if the ship has been arrested and has remained under arrest for 30 days;
g. if after any agreed grievance procedure has been invoked, the Company has not
complied with the terms of this Agreement;

18.4 A Seafarer shall be entitled to receive compensation of two months’ basic pay on termination
of his/her employment in accordance with 18.2(a) and (c), 18.3(c), (d), (e), (f) and (g) above
and Article 23.1.

18.5 It shall not be grounds for termination if, during the period of the agreement, the Company
transfers the Seafarer to another vessel belonging or related to the same owner/manager, on
the same rank and wages and all other terms, if the second vessel is engaged on the same or

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 similar voyage patterns. There shall be no loss of earnings or entitlements during the transfer
and the Company shall be liable for all costs and subsistence for and during the transfer.

Repatriation / Embarkation
§19

19.1 Repatriation shall take place in such a manner that it takes into account the needs and
reasonable requirements for comfort of the Seafarer.

19.2 During repatriation for normal reasons, the Company shall be liable for the following
costsuntil the Seafarers reach the final agreed repatriation destination, which can be either a
place of original engagement or home:
a. payment of basic wages between the time of discharge and the arrival of the Seafarer
at their place of original engagement or home;
b. the cost of accommodation and food;
c. reasonable personal travel and subsistence costs during the travel period;
d. transportation of the Seafarer’s personal effects up to the amount allowed free of
charge by the relevant carrier agreed with the Company.

19.3 A Seafarer shall be entitled to repatriation at the Company’s expense on termination of

employment as per Article 18 except where such termination arises under Article 18.2(b).

19.4 The provisions of Articles 19.1, 19.2 and 19.3 shall also apply to Seafarers travelling to join the
vessel.

Misconduct
§20

20.1 A Company may terminate the employment of a Seafarer following a serious default of the
Seafarers employment obligations which gives rise to a lawful entitlement to dismissal,
provided that the company shall, where possible, prior to dismissal, give written notice to the
Seafarer specifying the serious default which has been the cause of the dismissal.

20.2 In the event of the dismissal of a Seafarer in accordance with this clause, the Company shall
be entitled to recover from that Seafarer’s balance of wages the costs involved with
repatriating the Seafarer together with such costs incurred by the Company as are directly
attributable to the Seafarers proven misconduct. Such costs do not, however, include the
costs of providing a replacement for the dismissed Seafarer.

20.3 For the purpose of this Agreement, refusal by any Seafarer to obey an order to sail the ship
shall not amount to a breach of the Seafarers employment obligationswhere:
a. the ship is unseaworthy or otherwise substandard as defined in Article 18.3 (e);
b. for any reason it would be unlawful for the ship to sail;
c. the Seafarer has a genuine grievance against the Company in relation to the
implementation of this Agreement and has complied in full with the terms of the
Company’s grievance procedure; or
d. the seafarer refuses to sail into a warlike area or a High Risk Area as identified in
Article 16.

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20.4 The Company shall ensure that a fair, effective and expeditious on-board procedure is in
place to deal with reports of breaches of employment obligations and with seafarers’
complaints or grievances. Such procedures shall be available and equally apply to all
crewmembers including Masters. It shall allow seafarers to be accompanied or represented
during the procedure and provide safeguards against victimization for raising complaints
that are not manifestly vexatious or malicious.

Medical Attention
§21

21.1 A Seafarer shall be entitled to immediate medical attention when required and to dental
treatment of acute pain and emergencies, at the Company’s expense.

21.2 A Seafarer who is hospitalised abroad owing to sickness or injury shall be entitled to medical
attention (including hospitalisation) at the Company’s expense for as long as such attention is
required or until the Seafarer is repatriated pursuant to Article 19, whichever is the earlier.

21.3 A Seafarer repatriated unfit as a result of sickness or injury, shall be entitled to medical
attention (including hospitalisation) at the Company’s expense:
a. in the case of sickness, for up to 130 days after repatriation, subject to the submission
of satisfactory medical reports;
b. in the case of injury, for so long as medical attention is required or until a medical
determination is made in accordance with Article 24.2 concerning permanent
disability;
c. in those cases where, following repatriation, Seafarers have to meet their own
medical care costs, in line with Article 21.3 (a), they may submit claims for
reimbursement within 6 months, unless there are exceptional circumstances, in
which case the period may be extended.

21.4 Proof of continued entitlement to medical attention shall be by submission of satisfactory

medical reports, endorsed, where necessary, by a Company appointed doctor. If a doctor
appointed by or on behalf of the Seafarer disagrees with the assessment, a third doctor may
be nominated jointly between the Company and the ITF affiliate union and the decision of
this doctor shall be final and binding on both parties.

Sick Pay
§22

22.1 When a Seafarer is landed at any port because of sickness or injury a pro rata payment of
their basic wages plus guaranteed or, in the case of officers, fixed overtime, shall continue
until they have been repatriated at the Company’s expense as specified in Article 19.

22.2 Thereafter the Seafarer shall be entitled to sick pay at the rate equivalent to their basic wage
while they remain sick up to a maximum of 130 days after repatriation. The provision of sick
pay following repatriation shall be subject to submission of a valid medical certificate,
without undue delay.

22.3 However, in the event of incapacity due to an accident the basic wages shall be paid until the
injured Seafarer has been cured or until a medical determination is made in accordance with
Article 24.2 concerning permanent disability.

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22.4 Proof of continued entitlement to sick pay shall be by submission of satisfactory medical
reports, endorsed, where necessary, by a Company appointed doctor. If a doctor appointed
by or on behalf of the Seafarer disagrees with the assessment, a third doctor may be
nominated jointly between the Company and the Seafarer and the decision of this doctor
shall be final and binding on both parties.

Maternity
§23

23.1 In the event that a crew member becomes pregnant during the period of employment:
a. the Seafarer shall advise the Master as soon as the pregnancy is confirmed;
b. the Company will repatriate the Seafarer as soon as reasonably possible but in no case
later than the 26th week of pregnancy; and where the nature of the vessel’s operations
could in the circumstances be hazardous – at the first port of call.
c. the Seafarer shall be entitled to receive contractual pay for the full contract period, plus
100 days basic pay;
d. the Seafarer shall be afforded priority in filling a suitable vacancy in the same or
equivalent position within three years following the birth of a child should such a
vacancy be available.

Disability
§24

24.1 A Seafarer who suffers permanent disability as a result of an accident whilst in the
employment of the Company regardless of fault, including accidents occurring while
travelling to or from the ship, and whose ability to work as a Seafarer is reduced as a result
thereof, shall in addition to sick pay, be entitled to compensation according to the provisions
of this Agreement.

24.2 The disability suffered by the Seafarer shall be determined by a doctor appointed by the
Company. If a doctor appointed by or on behalf of the Seafarer disagrees with the
assessment, a third doctor may be nominated jointly between the Company and the Seafarer
and the decision of this doctor shall be final and binding on both parties.

24.3 The Company shall provide disability compensation to the Seafarer in accordance with the
following table, with any differences, including less than 10% disability, to be pro rata.

2022

Degree of Disability Rate of Compensation

Percentage (%) Ratings Junior Officers Senior Officers (4)
100 108,012 144,015 180,018
75 81,008 108,012 135,013
60 64,807 84,409 108,012
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 50 54,006 72,008 90,010
40 43,204 57,607 72,008
30 32,404 43,204 54,006
20 21,603 28,803 36,006
10 10,802 14,402 18,002

2023

Degree of Disability Rate of Compensation

Percentage (%) Ratings Junior Officers Senior Officers (4)
100 109,632 146,175 182,718
75 82,223 109,632 137,038
60 65,779 87,705 109,632
50 54,816 73,088 91,360
40 43,852 58,471 73,088
30 32,890 43,852 54,816
20 21,927 29,235 36,546
10 10,964 14,618 18,272

Note: “Senior Officers” for the purpose of this clause means Master, Chief Officer, Chief Engineer
and 1st Engineer.

24.4 A Seafarer whose disability, in accordance with 24.2 above is assessed at 50% or more under
the attached Annex 6 shall, for the purpose of this paragraph, be regarded as permanently
unfit for further sea service in any capacity and be entitled to 100% compensation.
Furthermore, any Seafarer assessed at less than 50% disability but certified as permanently
unfit for further sea service in any capacity by the Company-nominated doctor, shall also be
entitled to 100 % compensation. Any disagreement as to entitlement under this clause shall
be resolved in accordance with the procedures set out in 24.2 above.

24.5 The Company, in discharging its responsibilities to provide for safe and decent working
conditions, should have effective arrangements for the payment of compensation for
personal injury. When a valid claim arises, payment should be made promptly and in full,
and there should be no pressure by the Company or by the representative of the insurers for
a payment less than the contractual amount due under this Agreement. Where the nature of
the personal injury makes it difficult for the Company to make a full payment of the claim,
consideration to be given to the payment of an interim amount so as to avoid undue
hardship.

24.6 Any payment effected under 24.1 to 24.5 above, shall be without prejudice to any claim for
compensation made in law, but shall be deducted from any settlement in respect of such
claim.
Loss of Life – Death in Service
§25

25.1 If a Seafarer dies through any cause whilst in the employment of the Company including
death from natural causes and death occurring whilst travelling to and from the vessel, or as

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 a result of marine or other similar peril, the Company shall pay the sums specified in the
attached annex 4 to a nominated beneficiary and to each dependent child up to a maximum
of 4 (four) under the age of 18(eighteen). If the Seafarer shall leave no nominated beneficiary,
the aforementioned sum shall be paid to the person or body empowered by law or otherwise
to administer the estate of the Seafarer.The Company shall also transport at its own expense
the body to the seafarer’s home where practical and at the families’ request and pay the cost
of burial expenses. Where the death has occurred at sea the repatriation of the body shall be
carried out at the next scheduled port of call, subject to national legislation and as quickly as
possible.For the purpose of this Article a Seafarer shall be regarded as “in employment of the
Company” for so long as the provisions of Articles 21 and 22 apply and provided the death is
directly attributable to sickness or injury that caused the Seafarer’s employment to be
terminated in accordance with Article 18.1 b).

25.2 The provisions of Article 24.5 above shall also apply in the case of compensation for Loss of
Life – Death in Service as specified in this Article.

Insurance Cover
§26

26.1 The Company shall conclude appropriate insurance to cover themselves fully against the
possible contingencies arising from the Articles of this Agreement.Further, the Company
shall ensure that a financial security system be provided on board to protect the crew against
abandonment and to guarantee resolution of claims arising from 2014 amendments to MLC,
2006. The details of the applicable financial security system shall be posted in a conspicuous
place on board where it is available to the Seafarers.

Food, Accommodation, Bedding, Amenities etc.

§27

27.1 The Company shall provide, as a minimum, accommodation, recreational facilities and food
and catering services in accordance with the standards specified in Title 3 to the draft ILO
Consolidated Maritime Labour Convention 2006 and shall give due consideration to the
Guidelines in that Convention.

27.2 In addition, the Company shall provide the galley with all items of equipment normally
required for cooking purposes. All items of equipment shall be of good quality.

27.3 The accommodation standards should generally meet those criteria contained in relevant
ILO instruments relating to crew accommodation.

27.4 Seafarers will have access to free call on a one-off basis linked to compassionate
circumstances as per Article 18.3 emergencies.

27.5 Where equipment and cost allows, during off duty hours, Seafarers shall have the possibility
to access internet for the purpose of communicating with home, social networking and other
needs.

Personal Protective Equipment

§28

13
28.1 The Company shall provide the necessary personal protective equipment in accordance with
ISM/IMO regulations, or any applicable national regulations, which specify any additional
equipment, for the use of each Seafarer while serving on board.

28.2 The Company will supply the crew with appropriate personal protective equipment for the
nature of the job.

28.3 Seafarers should be advised of the dangerous nature and possible hazards of any work to be
carried out and instructed of any necessary precautions to be taken as well as of the use of
the protective equipment.

28.4 If the necessary safety equipment is not available to operate in compliance with any of the
above regulations, Seafarers should not be permitted or requested to perform the work.

28.5 Seafarers shall use and take care of personal protective equipment at their disposal and not
misuse any means provided for their own protection or the protection of others. Personal
protective equipment remains the property of the Company.

Shipboard Safety Committee

§29

29.1 The Company shall facilitate the establishment of an on board Safety and Health Committee,
in accordance with the provisions contained in the ILO Code of Practice on Accident
Prevention on Board Ship at Sea and in Port, and as part of their safety-management system.

29.2 The Company shall provide a link between the Company and those on board through the
designation of a person or persons ashore having direct access to the highest level of
management as per the requirements of the ISM Code. The Company shall also designate an
on board competent safety Officer who shall implement the Company’s safety and health
policy and programme and carry out the instructions of the Master to:
a. improve the crew’s safety awareness; and
b. investigate any safety complaints brought to her/his attention and report the same
to the Safety and Health Committee and the individual, where necessary; and
c. investigate accidents and make the appropriate recommendations to prevent the
recurrence of such accidents; and
d. carry out safety and health inspections.

29.3 The Company acknowledges the right of the crew to elect a safety representative to the on
board Safety and Health Committee. Such a representative shall be entitled to the same
protections as the liaison representative as provided for in 30.5 below.

Membership Fees, Welfare Fund and Representation of Seafarers

§30

30.1 In order to be covered by this agreement, all Seafarers shall be members of Romanian
Seafarers Free Union (SLN), according with Union constitution who respect the national law,
or of the ITF, allocated to the Special Seafarers’ Department.

14
30.2 The Company shall pay in respect of each Seafarer the Entrance/Membership fees in
accordance with the terms of the relevant organisation. Deduction of such fees does not lead to
the seafarer automatically becoming a member of RSU. Membership in RSU is valid from the date
when registration is made. For RSU’ members the deduction is regarded as deduction of union dues.
For non-members the fee is regarded as union fee.

30.3 The Company shall pay contributions to the ITF Seafarers’ International Assistance, Welfare
and Protection Fund in accordance with the terms of the Special Agreement.

30.4 The Company acknowledges the right of Seafarers to participate in union activities and to be
protected against acts of anti-union discrimination as per ILO Conventions Nos. 87 and 98.

30.5 The Company acknowledges the right of the Seafarers to elect a liaison representative from
among the crew who shall not be dismissed nor be subject to any disciplinary proceedings as
a result of the Seafarer’s duties as a liaison representative unless Romanian Seafarers Free
Union (SLN) - the ITF affiliated union - has been given adequate notice of the dismissal.

Equality
§31

31.1 Each Seafarer shall be entitled to work, train and live in an environment free from harassment
and bullying whether sexually, racially or otherwise motivated. The Company will regard
breaches of this undertaking as a serious act of misconduct on the part of Seafarers.

Waivers and Assignments

§32

32.1 The Company undertakes not to demand or request any Seafarer to enter into any document
whereby, by way of waiver or assignment or otherwise, the Seafarer agrees or promises to
accept variations to the terms of this Agreement or return to the Company, their servants or
agents any wages (including back-wages) or other emoluments due or to become due to the
Seafarer under this Agreement and the Company agrees that any such document already in
existence shall be null and void and of no legal effect.

Breach of the Agreement

§33

33.1 If the Company breaches the terms of this agreement the ITF or Romanian Seafarers Free
Union (SLN) - the ITF affiliated union, for itself or acting on behalf of the Seafarers, and/or
any Seafarer shall be entitled to take such measures against the Company as may be deemed
necessary to obtain redress.

Amendment of the Agreement

§34

15
34.1 The terms and conditions of this agreement shall be reviewed annually, and if at any time the
ITF and the Company mutually agree on amendments and/or additions to this agreement,
such amendments and additions shall be agreed in writing and signed by the parties and
considered incorporated in the Special Agreement.

Validity of the Agreement

§35

35.1 This Agreement shall enter into force on ……………….and shall terminate on
…………………..

Signed on behalf of the ITF: Romanian Seafarers Free Union

Name: _________ __________________________Signature_____________________

Date and Place______ ___________________________

Signed on behalf of the Company :

Name:___________ ______________________Signature______________________

Date and Place ________ ________________________

16
 ANNEX 1
LIST OF VESSELS

17
 ANNEX 2

18
Annex 2A

19
 ANNEX 3
NATIONAL HOLIDAYS

NEW YEAR: 1st and 2nd January

UNIFICATION DAY 24TH January
EASTER GOOD FRIDAY 1 day

EASTER: 2 days
WHITSUNTIDE 1st and 2nd day
INTERNATIONAL LABOUR DAY 1st May
CHILDREN DAY 1st June
ROMANIAN MARINE DAY 15TH AUGUST
St. ANDREW 30TH November
ROMANIAN NATIONAL HOLIDAY: 1st December

CHRISTMAS: 25th and 26th December

20
 ANNEX 4
Schedule of Cash Benefits

Article 25
Compensation for Loss of Life:
To the nominated beneficiary ;
2022 - US$ 108,012
2023 – US$ 109,632
To each dependent child (maximum 4 under the age of 18)
2022 - US$ 21,603
2023 – US$ 21,927

Article 11
Leave:

Daily allowance whilst on paid leave: US$18

Article 17
Crew’s Effects:

Maximum: US$ 3,300, which includes cash up to $330.

Article 30
Membership Fees, Welfare Fund and Representation of Seafarers:

Company’s contribution to the SSD in respect of membership and entrance fees US$120
Company’s contribution to the ITF Seafarers' International Assistance, Welfare and Protection
Fund: US$ 250 per position per year

21
 ANNEX 5
ITF Policy on Manning of Ships
1. The basic principles involved in arriving at manning requirements should be considered
prior to considering the numbers of each type of Officer or Rating that might be required.
The following basic concepts have a bearing on manning:
Recognition and Development Criteria
Essential to the Task of Defining Manning Requirements
2. Among the criteria which have traditionally been used for this purpose are the following:
a) trading area (e.g. home trade [A1], middle trade [A2], world-wide trade [A3 and A4])
b) number, size and type of main propulsion units (HP/KW, diesel or steam) and auxiliaries
c) tonnage (GT)
d) safety of voyage between ports (e.g. duration of voyage, nature of voyage)
e) construction and technical equipment of Ship
f) catering needs
g) sanitary regulations
h) watchkeeping arrangements
i) responsibilities in connection with cargo handling in port
j) medical care aboard Ship
Further Criteria
3. As a result of the social evolution and the changes that have taken place within the
shipbuilding and shipping industries and in particular in view of the increasing importance
of social aspects in shipboard employment there are further criteria governing the manning
of Ships. Consequently, the following factors should be added to those listed in paragraph. 2
a)-j) above:
a) Safe watchkeeping requirements and procedures
b) Provisions regarding working hours
c) The maintenance function as it relates to:
i) Ship machinery and support equipment
ii) radio-communications and radio-navigation equipment
iii) other equipment (including cargo support and handling equipment) and
iv) navigation and safety equipment
d) The human complement necessary to ensure that while malfunctioning automatic and
remote control equipment is being repaired the function of the controlled equipment will
still be available to the vessel, on a manual basis
e) Peak workload situations
f) The human endurance/health factor (manning must never fall below the level at which
the Seafarers’ right to good health and safety is jeopardised)
g) Adequate manning to ensure that the Ship’s complement can cope with on-board
emergencies
h) Adequate manning to ensure that the Ship can assist other Ships in distress
i) On-board training requirements and responsibilities
j) Responsibilities flowing from the need for environmental protection
k) Observance of industrial safety and Seafarer’s welfare provisions
l) Special conditions generated by the introduction of specialised Ships
m) Conditions generated by the introduction of hazardous cargoes which may be
explosive, flammable, toxic, health-threatening or environment-polluting
n) Other work related to safety aboard the Ship
o) Age and condition of Ship
Operational and Maintenance Activities

22
4. Shipboard activities that must be carried out so that the operation and maintenance of the
Ship and its equipment shall not pose hazards to the lives of Seafarers and Passengers, to
property or to the environment. These activities include the functions carried out by the
following departments:
a) Deck Department
b) Engine Department
c) Radio Department
d) Catering Department

Three-Watch System (based on an 8 hour Working Day)

5. This system shall be applied to the deck and engine departments in all seagoing Ships.
Neither the Master nor the Chief Engineer shall be required to stand watches, and shall not
be required to perform non-supervisory work.
6. The number of qualified personnel on board Ships shall be at least such as to ensure
compliance with the 1978 International Convention on Standards of Training, Certification
and Watch-keeping for Seafarers and the IMO Assembly Resolution on Principles of Safe
Manning A.890(21) as amended by A.955(23).
Safety and Hygiene
7. Furthermore, it will be necessary to pay due attention to the contribution of the catering
personnel towards the overall safety and hygiene of Ships.
Interlinkage of Shipboard Activities
8. The fact that all shipboard activities are interlinked must be the guiding principle governing
the manning considerations set forth under “Further Criteria” above. For example, safe
navigation cannot be undertaken if propulsion equipment, steering gear, radio-navigation or
radio-communication equipment are malfunctioning. Similarly the health of those aboard
will determine their availability to function in the optimum manner necessary for the safe
operation of the Ship. Sea going Ships shall carry a competent person in charge of medical
care on board, in line with Regulation VI/4 (Mandatory minimum requirements relating to
medical first aid and medical care) of the 1978 STCW Convention and the applicable Sections
of the STCW Code, Parts A and B.
The Network Factor
9. The “network” factor, i.e. the fact that all Ships are interdependent upon one another for
mutual assistance must be kept in mind in considering manning requirements. The planning
must be adequate to ensure the capability of the Ship to go to the aid of a Ship in distress.
Accordingly, there must be reliable radio-communications for alerting purposes to describe
its plight and what assistance it requires and for co-ordinating assistance for the Ship in
distress. There must be sufficient competent manpower on board each Ship to handle the
Ship’s own lifeboats in a safe and efficient manner to participate in other life-saving
procedures.
Conclusion
10. Minimum manning requirements does not mean the minimum number in the sense of the
fewest tolerable, but means the minimum number that will be adequate for the safety of the
Ship, crew and passengers, property and the environment at all times.
11. Every vessel shall be sufficiently manned for the purpose of preventing excessive strain upon
the crew and avoiding or minimising as far as practicable the working of overtime.
12. It is the firm view of the ITF that all the above matters must be fully considered as a
prerequisite to considering manning requirements on a numerical basis and guidelines
formulated in accordance therewith.
Manning Scales
13. The attached manning scales (1-5) are to be regarded as minimum safe manning.
23
14. In negotiations with Owners and national administrations ITF affiliates shall also take into
consideration the principles set out in the above ITF policy on manning of Ships.

24
 Minimum Safe Manning Scales

Manning Scale No. 1

Proposed manning scale for a cargo Ship of 500 - 1,599 GT with periodically unmanned engine
room and trading world-wide

1 Master
2 Deck Officers*)
3 Deck Ratings*)
1 Chief Engineer**)
1 Engine Room Rating
1 Cook
____________________
Total: 7 - 10 One of whom has medical training as a competent
person in charge of medical care on board, in line with
Regulation VI/4 of the 1978 STCW Convention.
*) When trading in coastal and limited trade areas, and if a properly negotiated relief system is in
operation based on a one on one off system and with a maximum period of service of two months, the
manning can be reduced by one Deck Officer and one Deck Rating. When engaged in world-wide
trading the maximum period of service shall be three months, and the Master should not normally be
engaged in watch-keeping duties.
**) For Ships of a propulsion power of more than 1500 kW add one Engineer Officer.

Manning Scale No. 2

Proposed manning scale for a cargo Ship of 1,600 - 2,999 GT with periodically unmanned engine
room and trading worldwide:
1 Master
3 Deck Officers*)
3 Deck Ratings*)***)
1 Chief Engineer
2 Engineer Officers*)**)****)
1 Engine Room Rating****)
1 Chief Steward/Cook
1 Steward/Stewardess
___________________
Total: 10-15 One of whom has medical training as a competent
person in charge of medical care on board, in line with
Regulation VI/4 of the 1978 STCW Convention.
*) When trading in coastal and limited trade areas, and if a properly negotiated relief system is in
operation based on a one on one off system and with a maximum period of service on board of two
months, the manning can be reduced by one Deck Officer, one Engineer Officer (only in Ships of more
than 1500 kW propulsion power and less than 3,000 kW) and one Deck Rating. In such cases the
Master should not normally be engaged in watchkeeping duties.
**) In Ships of less than 1500 kW propulsion power it is only necessary to have two Engineer Officers
(including the Chief Engineer Officer) on board the Ship.

25
***) One of which may be a Junior/Entry Rating, taking into account the varying training practices in
different countries.
****) At times when it is necessary to stand continuous conventional watches the manning scale shall be
increased by one Engineer Officer and one Engine Room Rating.

26
Manning Scale No. 3

Proposed manning scale for a cargo Ship of 3,000 - 5,999 GT with periodically unmanned engine
room and trading worldwide:

1 Master
3 Deck Officers
1 Bosun
3 A.B.s*)
1 Chief Engineer
2 Engineer Officers**)
1 Electrician/Electrical Engineer Officer/Repairman
1 Engine Room Rating**)
1 Radio Officer***)
1 Chief Steward/Cook
1 Steward/Stewardess
__________________
Total: 15-19 One of whom has medical training as a competent
person in charge of medical care on board, in line with
Regulation VI/4 of the 1978 STCW Convention.

*) One of which may be a Junior/Entry Rating, taking into account the varying training practices in
different countries.
**) At times when it is necessary to stand continuous conventional watches the manning scale shall be
increased by one Engineer Officer and two Engine Room Ratings, one of which may be a Junior/Entry
Rating.
***) Vessels trading in areas A1 and A2 are not required to carry a Radio Officer subject to the Deck
Officers having the required certification. Vessels trading in areas A3 and A4 are required to have a
Radio Officer with a First or Second Class Radio Electronics Operator’sCertificate, depending on the
complexity of the equipment.

27
Manning Scale No. 4

Proposed manning scale for a cargo Ship of 6,000 to 19,999 GT with periodically unmanned
engine room and trading worldwide:

1 Master
3 Deck Officers
1 Bosun
3 A.B.s
1 O.S./Junior/Entry Rating
1 Chief Engineer
2 Engineer Officers*)
1 Electrician/Electrical Engineer Officer
1 Repairman
1 Engine Room Rating*)
1 Junior Engine Room/Entry Rating
1 Radio Officer
1 Chief Steward/Cook
2 Stewards/Stewardesses
______________________
Total: 20-22**) One of whom has medical training as a competent
person in charge of medical care on board, in line with
Regulation VI/4 of the 1978 STCW Convention.

*) At times when it is necessary to stand continuous conventional watches the manning scale shall be
increased by one Engineer Officer and one Engine Room Rating.
**) At times when, for whatever reason, the shipboard complement, including passengers and
supernumeraries, is increased by up to four persons the Catering Department shall receive a bonus of
25% of their monthly basic salaries or pro rata, for the appropriate period. If the shipboard
complement is increased in the range of four to ten persons an additional Cook and a
Steward/Stewardess shall be added to the manning scale. For every subsequent additional ten persons
add an extra Steward/Stewardess.

28
Manning Scale No. 5

Proposed manning scale for a cargo Ship of 20,000 GT and over with periodically unmanned
engine room and trading worldwide:

1 Master
3 Deck Officers
1 Bosun
3 A.B.s
1 O.S./Junior/Entry Rating
1 Chief Engineer
3 Engineer Officers
1 Electrician/Electrical Engineer Officer
1 Repairman
3 Engine Room Ratings*) ****)
1 Radio Officer
1 Chief Steward/Cook
2 Stewards/Stewardesses
____________________
Total: 22-24**) ***) One of whom has medical training as a
competent person in charge of medical care on board, in line
with Regulation VI/4 of the 1978 STCW Convention.

*) At times when it is necessary to stand continuous conventional watches the manning scale shall be
increased by one Engine Room Rating.
**) At times when, for whatever reason, the shipboard complement, including passengers and
supernumeraries, is increased by up to four persons the Catering Department shall receive a bonus of
25% of their monthly basic salaries or pro rata, for the appropriate period. If the shipboard
complement is increased in the range of four to ten persons an additional Cook and a
Steward/Stewardess shall be added to the manning scale. For every subsequent additional ten persons
add an extra Steward/Stewardess.
***) Vessels over 20,000 GT engaged in carrying petroleum products shall add one Pumpman.
****) One of which may be a Junior/Entry Rating, taking into account the varying training practices in
different countries.

29
 Annex 6
Degree of disability
Injuries to Extremities

Hand, Arm, Shoulder

(If a person is left-handed, his/her left hand is assessed as a right hand, and vice versa.)
Percenta Compensati Percenta Compensati
ge on ge on
Right Left Right Left
 Forefinger with stiff
a. Fingers metacarpophalangeal joint in 5
 Loss of all fingers of one hand 55 50 outstretched position
 Loss of one thumb and metacarpal 30 25  Forefinger with 90 degrees or more 5
bones stretch deficiency in middle joint
 Loss of one thumb 2  Loss of middle finger (third finger) 1
5 0
 Loss of extremity of one thumb 1  Loss of middle and extreme joints of 8
2 middle finger
 Loss of half of extremity of one 8  Loss of extreme joint of middle finger 5
thumb  Middle finger with stiff
 Thumb with stiff extreme joint 5 metacarpophalangeal joint in 5
 Thumb with stiff 3 outstretched position
metacarpophalangeal joint  Middle finger with 90 degrees or
 Thumb with stiff extreme and more stretch deficiency in middle 5
metacarpophalangeal joints 1 joint
5  Loss of ring finger (fourth finger) 8
 Loss of forefinger (second finger) 1  Loss of middle and extreme joints of 5
0 ring finger
 Loss of middle and extreme joints of 1  Loss of extreme joint of ring finger 3
forefinger 0  Ring finger with stiff 5
 Loss of extreme forefinger 5 metacarpophalangeal joint in
outstretched position
30
 Percenta Compensati Percenta Compensati
ge on ge on
Right Left Right Left
 Ring finger with 90 degrees or more 5  Loss of extreme joints of forefinger, 1
stretch deficiency in middle joint middle finger and ring finger 2
 Loss of little finger (fifth finger) 8  Loss of forefinger, middle finger, ring
 Loss of middle and extreme joints of 5 finger and little finger (2nd, 3rd, 4th 40 35
little finger and 5th)
 Loss of extreme joint of little finger 3  Loss of middle and extreme joints of
 Loss of thumb and forefinger (1st and 40 35 forefinger, middle finger, ring finger 35 30
2nd fingers) and little finger
 Loss of extreme joints of thumb and 1  Loss of extreme joints of forefinger,
forefinger 8 middle finger, ring finger and little 1
 Loss of thumb, forefinger and middle 50 45 finger 5
finger  Loss of middle finger, ring finger and
 Loss of extreme joints of thumb, 2 little finger (3rd, 4th and 5th) 3
forefinger and middle finger 0 0
 Loss of thumb, forefinger, middle 55 50  Loss of middle and extreme joints of
finger and ring finger (1st, 2nd, 3rd middle finger, ring finger and little 2
and 4th fingers) finger 0
 Loss of forefinger and middle finger 2  Loss of extreme joints of middle
(2nd and 3rd) 5 finger, ring finger and little finger 1
 Loss of middle and extreme joints of 2 0
forefinger and middle finger 0  Loss of ring finger and little finger 2
1 (4th and 5th) 0
 Loss of extreme joint of forefinger
and middle finger 0  Loss of middle and extreme joints of
35 30 ring finger and little finger 1
 Loss of forefinger, middle finger and
5
ring finger
2  Loss of extreme joints of middle
 Loss of middle and extreme joints of
finger and ring finger or of ring 5
forefinger, middle finger and ring 5
finger and little finger
finger

31
 Percenta Compensati Percenta Compensati
ge on ge on
Right Left Right Left
 Middle finger and ring finger with 90
degrees or more stretch deficiency in 8 d. Elbow
middle joint  Stiffness in outstretched position 45 40
 Stiffness in good working position 25 20
b. Hand, Wrist  Stiffness in poor working position 30 25
 Loss of one hand 60 55  Cessation of rotary function of
 Stiffness in good working position 1 forearm (“upright position”) 20 15
0  Elbow bending reduced to 90 degrees 15 12
 Stiffness in poor working position 1 or less
5  Stretch deficiency of up to 40 degrees 3
 Fracture of radial bone healed with  Stretch deficiency 40-90 degrees 5
some dislocation and slight
functional disturbances, possible 5 e. Shoulder
friction  All mobility reckoned with “unset”
 Consequences of fracture of radial shoulder blade. Stiffness in shoulder 3
bone: Forefinger to little finger down (with arm alongside body) 5
to 2 cm from the palm of the hand 1 1
 Elevation up to 90 degrees
8 5
 Friction and some reduction of 5
c. Arm
mobility
 Loss of one arm 70 65 1
 Habitual luxation
 Amputation of upper arm 65 60 0
 Amputation o forearm with good 60 55  Luxatio acromio-clavicularis 5
elbow movement
 Amputation of forearm with poor 65 60 f. Paralysis
elbow movement  Total paralysis of plexus brachialis 70 65
 Unhealed rupture of biceps 5  Total paralysis of nervus radialis on 25 20
 Axillary thrombosis 5 the upper arm
 Total paralysis of nervus ulnaris 30 25

32
 Percenta Compensati
ge on
Right Left
 Total paralysis of nervus medianus,
both sensory and motoric injuries 35 30
 For sensory injuries only 1
0

Foot, Leg, Hip

 Amputation at the knee or thigh with poor function of 55
a. Foot prosthesis
 Loss of foot with good function of prosthesis 30  Loss of crus (shank) with good function of prosthesis 30
 Loss of foot with poor function of prosthesis 35  Loss of crus with poor function of prosthesis 35
 Amputation of tarsus with stump capable of bearing 15  Shortening by less than 3 cm 3
 Loss of all toes on one foot 10  Shortening of at least 3 cm 10
 Loss of 1st toe (big toe) and some of its metatarsal bone 8  Thigh shrinkage of at least 3 cm
 Loss of 1st toe (big toe) 5  (Is not, however, added to the compensation for
 Loss of extreme joint of big toe 3 shortening or reduction of mobility) 8
 Big toe with stiffness in metatarsophalangeal joint 5  Postthrombotic syndrome in one leg 5
 Loss of one of the other toes 3  Essential deterioration of varicose veins or leg sores 8
 Ankle joint stiff at right angle or slight talipes equinus 15  Knee stiff in good position 25
(up to 15 degrees)  Knee with stretch deficiency of up to 5 degrees 3
 Ankle joint stiff in pronounced talipes equinus position 20  Knee with bending capacity reduced to 90 degrees or 10
 Ankle joint where rotary mobility has ceased 5 less
 Fallen arches aggravated by pains 8  Knee with hampering looseness 10
 Traumatic fallen arches 10  Knee with strong friction during movements, with 8
muscle wastage exceeding 2 cm as measured 10 cm
b. Leg above the patella and reduction of mobility
 Loss of one leg 65  Knee with somewhat regular and hampering 5
 Amputation at the knee or thigh with good function of 50 incarcerations
prostesis  Habitual luxation of kneecap 5

33
 Loss of kneecap 5
 Well functioning totally artificial kneecap 15

c. Hip
 Hip with stiffness in favorable position 30
 Hip with severe insufficiency of hip function 50
 Well functioning totally artificial hip joint 10

d. Paralysis
 Total paralysis of nervus fibularis 10
 Total paralysis of nervus femoralis 20
 Ischiadiscusparesis - with good mobility 10
 Ischiadiscusparesis - with poor mobility 30

34
The Head

A. The Face C. The Eye

 Loss of all teeth (double dentures) 5  Loss of one eye 20
 Loss of outer ear 5  Loss of both eyes 100
 Scalping 5  Loss of sight of one eye 20
 One-sided paralysis of the facialis nerve 10  Loss of sight of both eyes 100
 Two-sided paralysis of the facialis nerves 15  Loss of sight of one eye with complications (e.g.
 Loss of sense of smell 10 glaucoma and/or contracted eye) 25
 One-sided paralysis of vocal chords with considerable 10  Loss of sight of one eye with possibility of
speech difficulties improvement via operation (reserve eye) 18
 Paralysis of sensory (trigeminal) nerve to the face 5  Double vision 10
 Double vision in outermost position 3
B. The Brain  Loss of binocular vision (e.g. aphakia with visual 15
power of at least 6/60)
a. Demens 8
 Aphakia with good contact glass function
 Mild demens 15  Total one-sided ptosis 18
 Mild-medium severe demens 25  Flood of tears 3
 Medium severe demens 40  Hemianopsia 40
 Severe demens 65  Rightsided heminaopsia as a result of brain injury 50
 Total demens 100 
b. Postcommotional Syndrome
Reduction of visual power of one or both eyes is assessed in accordance 0.2 10 10 15 35 45 60 70
with the following decimal table or fraction table: 0.1 15 15 20 45 60 75 85
0 20 20 30 55 70 85 100
Decimal S 0.6 0.5 0.4 0.3 0.2 0.1 0
Table
0.6 0 0 5 10 10 15 20
0.5 0 5 5 10 10 15 20
0.4 5 5 10 15 15 20 30
0.3 10 10 15 25 35 45 55

35
Fraction Table CH: 4 - - - 50 60 70
CH: 5 - - - - 65 75
S 6/6 6/12 6/18 6/24 6/36 6/60 2/60 0
6/6 0 0 5 8 10 12 15 20 HH = Hearing handicap
6/12 0 5 10 10 12 15 18 20 CH = Communication 0 no handicap
6/18 5 10 20 30 35 40 45 50 handicap:
6/24 8 10 30 35 45 50 55 60 1 slight handicap
6/36 10 12 35 45 55 65 70 75 2 mild to medium
handicap
6/60 12 15 40 50 65 75 80 85
3 considerable handicap
2/60 15 18 45 55 70 80 95 100
4 severe handicap
0 20 20 50 60 75 85 100 100
5 total handicap
Visual power is assessed with the best available glasses.

Normally no compensation is paid solely in respect of use of a hearing

D. Ears
aid.
 Loss of outer ear, see under II.A. - The Face
 Hampering tinnitus and distortion of hearing 3
 Total loss of hearing in one ear 10
 Total loss of hearing in both ears 75

Loss of hearing based on speech audiometry: assessed or calculated

binaural loss of hearing in dB with well adjusted hearing aid.

Degree of Loss of HH: HH: HH: HH: HH: HH:

Hearing 0 1 2 3 4 5
CH: 0 0 5 - - - -
CH: 1 - 8 15 30 - -
CH: 2 - 12 20 35 50 -
CH: 3 - - 30 40 55 65

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Neck and Back  If a supportive device (corset) is used 8
 Back pains with some reduction of mobility 12
Vertebral Column  Back pains with considerable reduction of mobility 25
Fracture of body of the vertebra without discharge of medulla spinalis D. Injuries to the Medulla Spinalis
or nerves:
 Mild but lasting consequences - without bladder(possibly
Minor Fracture defecation) symptoms (objectively determinable
 With minor reduction of mobility 5 neurological symptoms on a modest scale) 20
Medium severe fracture  Mild but lasting consequences - with bladder (possibly
 Without reduction of mobility 8 defecation) symptoms (objectively determinable
 With reduction of mobility 12 neurological symptoms on a modest scale) 25
Very severe fracture or several medium severe fractures,  Other lasting consequences without bladder symptoms as 30
possibly with formation of gibbus (hump) defined above
 Slight to some reduction of mobility 15  Other lasting consequences with bladder symptoms as 35
 Very severe reduction of mobility 20 defined above
 If support (neck collar or support corset) is used 5  incontinence - please see Section V.
 Pain - local or transmitted to extremities 2
Heart and Lungs
Fracture with Discharge of Medulla Spinalis or Nerves Heart and lung ailments are assessed with regard to the limiting of the
Assessed in accordance with the above rules with a supplementary functional capacity caused by the ailment, applying the following
degree for the discharge of nerves assessed in accordance with the division into function groups:
other rules specified in the table.
1. No limitation of physical activity 3
B. Consequences of Slipped Disc 12 2. Minor limitation of physical activity. Symptoms appear
only during strenuous activity 20
C. Other Back Injuries 3. Considerable limitation of physical activity. Symptoms
also appear during low levels of activity 45
a. Cervical Column
4. Any form of physical activity produces symptoms,
 Some reduction of mobility and/or local pains 8 which can also be present during periods of rest 70
 If a supportive device (neck collar) is used 12
 Radiating pains - root irritating 12 Steps are taken to support the division into functions by means of
objective measurements for lung function, such as the forced exhalation
b. Other Parts of the Vertebral Column volume in the first second, FEV 1.0.
 Back pains without reduction of mobility 5
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Assuming that the case is one of permanent reduction of FEV 1.0.
FEV 1.0 of over 2 litres corresponds roughly to function group 1,
FEV 1.0 of 1.5-2 litres corresponds roughly to function group 2,
FEV 1.0 of about 1 litre corresponds roughly to function group 3, and
FEV 1.0 of about 0.5 litre corresponds roughly to function group 4

Abdominal Cavity and Pelvis

 Loss of spleen 5
 Loss of one kidney 10
 Well functioning transplanted kidney 25
 Anus praeternaturalis 10
 Minor incontinence (i.e. imperious urination, 10
possibly defecation)
 Expulsive incontinence 25
 Abdominal hernia, inoperable 20
 Loss of both testicles 10
 Loss of both ovaries before menopause 10
 Loss of both ovaries after menopause 3
 Loss of one or both epididymides 3
 Urethra stricture, if a bougie must be used 15
 Impotence Not
covered

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39
 Annex 7

Non-Seafarers Work (Article 3) – Implementation

The parties fully subscribe to the intent and the principles of Article 3 of this CBA. However, they
also acknowledge that, depending on the location of the port and the type of the vessel, a full
implementation of the provisions contained, specifically, in the text of Articles 3.1 and 3.2 may
imply prior contact between the Company and various third parties, such as Charterers.

Therefore, where such communication between the Company and respective third parties is
necessary, the parties agree that the full implementation of the provisions of Articles 3.1 and 3.2
shall be deferred for a transitional period to be identified in each specific case between the parties
of the CBA.

Such deferment shall not be longer than 1st January 2020 for container vessels operating in the
following areas; Baltic Sea, Canada, North Europe and West Europe excluding Mediterranean Sea
(European sub-regions as defined by the European Union).

During any deferment of Articles 3.1 and 3.2 as identified above the following provisions shall
apply:

3.1 Neither ship’s crews nor anyone else on board whether in permanent or temporary
employment by the Company shall carry out cargo handling and other work traditionally
or historically done by dock workers without the prior agreement of the ITF Dockers Union
or ITF Unions concerned and provided that the individual seafarers volunteer to carry out
such duties, for which they should be adequately compensated. For the purpose of this
clause “cargo handling” may include but is not limited to: loading, unloading, stowing,
unstowing, pouring, trimming, classifying, sizing, stacking, unstacking as well as
composing and decomposing unit loads; and also, services in relation with cargo or goods,
such as tallying, weighing, measuring, cubing, checking, receiving, guarding, delivering,
sampling and sealing, lashing and unlashing.

3.2 Where a vessel is in a port where an official trade dispute involving an ITF-affiliated dock
workers’ union is taking place, neither ship’s crew nor anyone else on board whether in
permanent or temporary employment by the Company shall undertake cargo handling and
other work, traditionally and historically done by members of that union which would
affect the resolution of such a dispute. The Company will not take any punitive measures
against any seafarer who respects such dock workers’ trade dispute and any such lawful act
by the Seafarer shall not be treated as any breach of the Seafarer’s contract of employment,
provided that this act is lawful within the country it is taken.

The provisions of Article 3.3 shall apply with immediate effect as written in this CBA.

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