The Swedish Ship Officers' Association - SSOA
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CBA for Filipino Officers

Valid from January 1st
to 31st December, 2008


COLLECTIVE BARGAINING AGREEMENT.

FOR

FILIPINO OFFICERS

BETWEEN

THE SWEDISH SHIPOWNERS'
EMPLOYER ASSOCIATION (SEA)

AND

THE ASSOCIATED MARINE OFFICERS'
AND SEAMEN'S UNION OF THE PHILIPPINES (AMOSUP)


THE SWEDISH SHIP OFFICERS' ASSOCIATION (SSOA)


INDEX

AGREEMENT
1.    Engagement, mustering and travelling expenses
2.    Company
3.    Change of employer
4.    Change of crew agency
5.    Wage
5 a. 2-watch system for officers
6.    Board and lodging
7.    Duration of service
8.    Termination of service in exceptional circumstances
9.    Grievance procedure
10.   Working hours
11.   Holidays
12.   Vacation leave
13.   Medical examination
14.   Report of illness and injury
15.   Information to next-of kin
16.   Sickness and injury
17.   Sick pay
18.   Compensation of death
19.   Disability compensation
20.   Philippine social security system; Medicare and employees compensation
21.   Medical treatment
22.   Right to recovery of expenses from third parties
23.   War bonus
24.   Compensation for loss of personal effects
25.   Shipwreck indemnity
26.   Insurance against theft
27.   Oil tankers - Insurance against vocational injury
28.   Severence grants - shipwreck
29.   Transfer of officers
30.   Provident Fund
31.   Training, Upgrading and Education Project
32.   Required courses
33.   Jurisdiction
34.   Union dues to the AMOSUP
35.   Strikes, lockouts and similar reaction
36.   Duration of this collective bargaining agreement

       Appendix No 2 - Grievance procedure
       Appendix No 2A - Standard form to be used for board hearings
       Appendix No 2B - Notice of dismissal
       Appendix No 3 - Seamen's hospital


AGREEMENT BETWEEN THE AMOSUP, THE SSOA AND THE SEA

Article 1

Engagement. Mustering and Travelling Expenses

The Officer Will sign an agreement for a fixed period that he shall be serving on board a vessel, covered by this agreement. Prior to signing such agreement, the Officer shall be interviewed and medically examined for fitness.

Engagement, mustering expenses and travelling expenses from Manila to the place of embarkation shall be paid by the Company. The Officer shall be reimbursed for medical certificate, passport and visa.

After completion of service in accordance with the contract of hiring, the Company shall pay for travelling expenses and lodging from the ship to Manila. The Officer Will in addition be entitled to travelling allowance of 1 day basic wage.

If the Officer however, requests on his own personal reason an early termination of the contract he shall shoulder the cost of his repatriation and the travel expenses of his replacement.

The Company, however, shall consider special request of early termination of the contract of employment based on compassionate grounds such as in case of the death or serious illness of spouse, children or parents in which case the repatriation costs will be on the Company's account.

Travelling expenses on the Company's account, shall not include the Officer's baggage in excess of the normal allowed weight by the air carrier. Excess baggage shall be at the Officer's expense.


Article 2

Company

The word "Company" in this agreement shall be defined as the Company which owns or operates the vessel and is named in the employment contract as the employer.


Article 3

Change of Employer

If the Officer is employed by a Company which operates the vessel, the Officer shall accept that the owners of the vessel take over as his employer for his remaining period of service (see article 7). Provided, however:

that the previous employer or the new employer (the owners of the vessel) settles all accounts due to him under his original employment contract.

that the new employer (the owners) declares in a written statement to take over all responsibility from the previous employer. The statement shall be addressed to The Philippine Overseas Employment Association (POEA), AMOSUP and the Officer, and that no demotion and diminution in pay and benefits shall result thereof.

The crewing agent used by the new employer (the owners) shall issue a similar written statement that he takes over as representative for the employer and assumes all responsibilities towards the Officer.


Article 4

Change of Crew Agency

If the Company should make a change of crewing agency in Manila, the Officer shall continue in service with the Company provided his account is settled for the period served with the first agency and provided the second agency declares in a written statement to the Officer, the POEA and AMOSUP that it takes on all responsibilities on behalf of the Company towards the Officer from the first agency.


Article 5

Wage

The Officer's basic wage and rates of overtime are set out in the attached Wage Scale, Appendix No 1.

The wages are stipulated in US dollars, and the Officers' account is kept in US dollars.

Wage accrues from the day the Officer commences service' on board. If he has to travel from the Philippines in order to take up service on board, basic wage accrues from the day of departure from Manila to the day when the Officer signs off from the ship.

Each month he is on board, the Officer is entitled to payment of the remaining 20% of his basic wage after legal deductions have been made. The remaining 80% shall be paid to the beneficiary that the Officer has nominated through any authorised Philippine Bank, and shall be available no later than the 10th of the immediate succeeding month. Overtime remuneration shall be paid out on board, ref. to Article 10 below concerning fixed monthly wages.

The rate of exchange for conversion of US dollars into Philippine currency shall be the buying rate of exchange indicated in the credit advice of the local authorised Philippine Bank. The allotment to be paid out on board should be paid out in cash and may be paid out in the port state currency.

The Officer will be entitled to a seniority allowance according to the wage scale in appendix No 1:

  1. Service in the same position on ships when employed by the same Company.
  2. Service done after January 1 st 2006 on Swedish flagged vessels in the same or higher position will qualify for seniority allowance.
  3. Service in the same position on ships under other flags when employed by the same Company.

Article 5 a  

2-watch systems for officers

A watch-keeping officers on a 2-watch vessels participating in such, watch-system is paid a monthly 2-watch-keeping allowance of 250 USD per month (x/30, if part of month). The fixed overtime compensation and the 2-watch-keeping allowance cover all and any overtime work.

Article 6

Board and Lodging

The Officer is entitled to free board and lodging during service on board. If board and lodging is not provided on board, the Company shall defray the cost of satisfactory board and lodging ashore.


Article 7

Duration of Service

The Officer signs on for a period of 6 months or for a longer or shorter period of service if agreed upon between the Company and the Officer in the employment contract with a maximum in the contract of 9 months. However, the contract could at the Company's option be terminated a month before or later depending on the traffic-pattern and ports of call for the ship. The cost of repatriation shall be on Company's account.

A shorter service period than 6 months may be agreed for substitutes, repair personnel and similar employees. The cost of repatriation shall be on Company's account.

The first 3 months of service with the Company is considered as a probationary period during which the Company may terminate the contract by giving 14 days written notice. Termination of contract by the Company during the probation period will not entitle the Officer to termination pay (see Article 8 c) but to free repatriation.


Article 8

Termination of Service in Exceptional Circumstances

a)

In the event of sale, laying-up, or lengthy stay in a repair yard, the Company may terminate the service. The Officer is then entitled to pay, up to including the day of signing-off plus two (2) months' basic wages and repatriation to Manila on the Company's account.

b)

The Officer is entitled to terminate the service contract immediately if the vessel is declared un-seaworthy in accordance with Chapter 1, Rule 19, of the Convention on the Safety of Life at Sea (the "SOLAS" Convention). The vessel shall also be deemed to be un-seaworthy if it lacks one or more of the certificates prescribed in Chapter 1, Rules 12 and 13 of the "SOLAS" Convention. The Officer is then entitled to pay, up to including the day of signing-off, plus two (2) months' basic wages and repatriation to Manila on the Company's account.

If an Officer shows that he has been maltreated on board without receiving protection called for, he has the right to be released from his agreement in the first port the vessel calls at where he is allowed to sign of. The Officer is then entitled to pay up to including the day of signing-off and repatriation to Manila on the Company's account.

c)

The Company may terminate the employment contract on valid reason prior to the agreed period of duration, ref. Art. 7, provided the Officer is paid two (2) month basic wages and repatriation expenses to Manila. The Company may always terminate the contract of employment if the Officer becomes ill or injured and has to sign off from the vessel without prejudice to his entitlement to sickness and/or disability as well as accrued benefits under this Agreement.

d)

An Officer who has served the agreed contract period, ref. Article 7 (6 months or more) will not be entitled to termination pay of two (2) month's basic as mentioned in point a) to c) above. If the Officer's remaining contract period of service is less than one month (he has served more than 5 months), he shall only be entitled to one (1) month's basic wage termination pay, se point a) to c) above.

e)

An Officer who is offered to continue in service on another vessel within one month, ref. Article 29, is not entitled to termination pay of two (2) months' basic wage in accordance with the rules in point a) to d).

If the Officer's contract of employment is terminated due to changing of management for the vessel, the Officer shall have no right to termination pay of two (2) months' basic wage see point c) above, if he accepts to continue in service on board with the new manager as employer.

f)

An Officer who has received termination pay and all benefits in accordance with this Agreement, shall be considered to have received full and final compensation in any respect.


Article 9

Grievance Procedure

As indicated in Article 8 points c) and e) the Company may terminate the employment contract with the Officer for disciplinary reasons. The Officer may on his side, find it necessary to make complaints about negligence and/or violation of his employment contract by the Company.

Grievance procedures to be observed in such circumstances are enclosed as appendix No 2.


Article 10

Working Hours

The normal working hours is 8 hours per day, Monday to Friday and 5 hours on Saturday.

The Officer will be paid monthly wages for service on board including fixed overtime compensation. The fixed overtime will include all overtime work necessary and related to the trade and the vessel concerned.

Compensation for watches and stand-by watches is covered by the fixed overtime in the wage scale.

The fixed overtime compensation is stipulated on a monthly basis, see wage scale, but will be paid pro rata (1/30) for part of month.

It is understood that overtime work will be performed at the direction of the Master or the Master's authorised representative.

Maximum of working hours
For Officers serving under this agreement the number of working hours in any period of 24 consecutive hours may not exceed 14 hours, with an exception for work necessary in accordance with the Swedish Act on Restperiods for Seagoing Personnel (LVIS) section 6.

The existence of potential danger shall be determined solely by the master. In connection therewith the Officer shall perform the necessary work without overtime pay for purposes of maintaining the vessel's safety, that of the Officers, passengers and the cargoes on board, or saving lives, rendering assistance to other vessels in distress or in all other cases of emergency, or fire and boat drills.

Minimum rest-periods
The Officer shall be given a sufficient rest of 10 hours per day - or if this is not possible due to the actual working or watch-keeping situation - 10 hours rest per day divided into not more than 2 rest-periods one of which shall be at least 6 hours.

The scheduled working-arrangements of normal service at sea and normal service in port are to be posted on board - through the master - in a conspicuous and an easily accessible place.

Working-time shall be recorded individually onboard by the Master or his representative and a monthly copy to be handed over to the Officer.


Article 11

Holidays

The parties adept the following Public Holidays in Sweden: New Years Day, Twelfth Day, Good Friday, Easter Sunday, Easter Monday, 1 May, Ascension Day, Whitsunday, Whit Monday, Midsummer Day, All Saints Day, Christmas Day and Boxing Day; plus the Philippine Independence Day, 12 June.

Compensation for work on Public Holidays will be:

1/138,5 basic wage per hour for up to 8 hours work during Public Holidays which fall on an ordinary weekday, Additional work (beyond 8 hours) shall be considered covered by the fixed overtime.

Compensation for all work on Public Holidays which falls on a Saturday and Sunday is included in the fixed overtime compensation.


Article 12

Vacation leave

The Officer shall be entitled to ten (10) days vacation leave with pay based on the basic wage for every month of employment and pro rata (1/30) for part of a month.

If an Officer so requests, he shall be granted to take out parts of the vacation leave earned as days off, during the employment period.

Remaining vacation-days to be paid for in cash either monthly or at the end of the employment period.


Article 13

Medical examination

Before and during the period of employment and at the time of signing off, the Officer shall submit to a medical examination when requested by the Company or its representative, at the company's expense.

If assumpted during the service-period onboard the Officer is ill or wounded, the master shall - if possible - arrange for a doctors' examination unless it is evidently unnecessary.

An Officers employed under this agreement is obliged to undergo medical alcohol- and drug-tests in accordance with the rules onboard that applies to other Officers. (For further information read TAP-circular no. 4/1999.)


Article 14

Report of illness and injury

It is incumbent on the master to ensure that any accident (vocational injury) on board is reported immediately to the competent insurance office as well as to the SSOA and AMOSUP.


Article 15

Information to next-of kin

If an ill or injured Officer so requests, his next-of kin should be informed.


Article 16

Sickness and Injury

While serving on board, a sick or injured Officer is entitled to treatment at the Company's expense. The Company is not responsible for conservative dental treatment.

If the Officer is sick or injured at the termination of the service period, he has the same entitlement for a maximum period of one hundred and twenty (120) days from the date of signing off. In accordance with the POEA's rules and regulations, the Officer must submit to a post employment medical examination within three (3) working days after his return to the Philippines to obtain these benefits. If he should be unable by reason of physical incapacity to do so, a written notice to the agency within the same period is deemed as compliance provided the incapacity is certified by the Master or an authorised physician.

In the event of sickness or injury necessitating signing-off, the Officer is entitled to travel to Manila at the company's expense.


Article 17

Sick pay

The Officer is entitled to sick pay (at the same rate as basic wage) for up to 120 days after signing-off, provided the sickness or the injury is verified by written statement from an authorised physician. (See POEA's rules and regulations.)

The sick pay will be in addition to the vacation leave compensation mentioned in Article 12 but not in addition to the termination pay compensation mentioned in Article 8 points a) to c).

When the Owner/Employer provides sick pay, he has the right to deduct from the Officer's wages any sickness allowance paid out from Insurance provided for and paid by the Owner/Employer.

It is understood that an Officer who is signed-off by reason of sickness or injury must return to the Philippines within the usual period of travel from the date and place of disembarkation indicated in homeward bound ticket. On arrival in the Philippines, he shall report to the company's designated physician within three (3) working days from the time of arrival for post employment medical examination, otherwise, the employer's liability shall be deemed terminated. In case however, of failure to report due to Officers' incapacity; a written notice to the Company within three (3) working days from arrival is deemed as compliance provided the incapacity is certified by the Master or an authorised physician.


Article 18

Compensation for Death

In the event of death of an Officer while serving on board or while travelling to or from the vessel on Company's business or due to marine peril, the Company will pay to his beneficiaries a compensation which including the compensation provided by the POEA’s Standard Terms and Conditions governing the employment of Filipino seafarers on-board ocean-going vessels Annex A, section 20.A.1., shall be USD 60 000.

It is agreed that the beneficiaries to be compensated are the following next-of kin: The Officer's spouse, children or parents in this preferential order. The names and addresses of the beneficiaries shall be declared at the time of hiring.

The Company shall pay an additional compensation to each of the Officer's children under the age of 21 years of US$ 15,000, maximum 4 children.

The Company shall take out the necessary insurance to cover the benefits mentioned above.


Article 19

Disability compensation

If an Officer due to no fault of his own, suffers injury as a result of an accident while serving on board or while travelling to or from the vessel on Company's business or due to marine peril, and as a result his ability to work is reduced, the Company shall pay him a disability compensation which including the amounts stipulated by the POEA's rules and regulations shall be maximum US$ 80,000.

The disability compensation shall be calculated on the basis of the POEA's schedule of disability or impediment for injuries at a percentage recommended by a doctor authorised by the Swedish authorities for the medical examination of seafarers.

The Company shall take out the necessary insurance to cover the benefits mentioned above.

Notation to Articles 17, 18 and 19:
The parties of this CBA make a note of the benefits accordning to the "Occupational Injury Insurance Act (LAF)" in the Swedish statutory insurance schemes.


Article 20

Philippine Social Security System and Philhealth’s National Health Insurance Program

The Filipino Officers will also be covered by the Philippine Social Security System and Philhealth’s National Health Insurance Program. The premiums should be paid partly by the Officers and partly by the Company as provided by the government regulations. The contributions from the Officer should be deducted from his salary and remitted by the Company to the Philippine SSS and Philhealth’s National Health Insurance Program Commission Offices.


Article 21

Medical Treatment

The Officer and his immediate dependants shall be entitled to medical treatment provided for by the AMOSUP Family Medical and Dental Plan (FMDP).

The Company agrees to contribute to the existing AMOSUP Family Medical and Dental Plan (FMDP) for the Officers and his dependents on a monthly basis according to the wage scale during the officers service period. It is understood that this contribution shall not affect the treatment and sick pay benefits of the Officer provided by Article 17 of this agreement for the first 120 days.

It is understood that the existing AMOSUP Family Medical and Dental Plan (FMDP) shall be to the extent of the services and facilities available as included in Appendix No 3 of this agreement. The Seamen's Hospital shall not be obliged to cover treatment outside its available services and facilities.


Article 22

Right to recovery of expenses from third parties

Where pursuant to the provisions in this agreement, payments are made by or on behalf of the Company, to or on behalf of the Officer in respect of an injury or a disability sustained in circumstances not related to employment and giving rise to legal liability by a third party to the Officer (whether in negligence or otherwise), then the making of each such payment shall entitle the Company to assume the right of the seafarer to pursue for itself the said third party for recovery of expenses paid with all related interests thereon, on its own account, and whatever amount it may recover shall be treated as indemnification in favour of the Company for paying the liability to the Officer.

In case the Officer's presence or co-operation is necessary to a successful recovery of the said claim, the Company shall furnish the corresponding expenses for transportation, fares, hotel accommodation or board and lodging and allowance needed under the circumstances.

The Company shall assume full responsibility for any pertinent legal action it decided to take and assures that the Officer shall not be exposed to any counter-claim.


Article 23

War Bonus

War-risk bonus will accrue and expire from the same dates as for similar agreements for Officers between the SEA and SSOA.

The war risk bonus will be based on basic wage with the same percentage and minimum number of days as agreed between SEA and SSOA.

The Officers shall be covered by company's war risk-insurance as other Officers onboard.


Article 24

Compensation for loss of Personal Effects

For the loss of personal effects by shipwreck or as a result of piracy or fire or other damage to a ship, the Officer is entitled to compensation up to a maximum amount in SEK as stated in the attached wage scale.

If it can be proved, that the Officer has lost instruments, books, tools or the like, which he has brought with him for the performance of his duties, he shall receive special compensation therefore to an amount which, unless any other agreement has been made, shall be computed according to the cost of procuring new articles inplace of those lost.

Compensation for the loss of personal property shall be paid only for effects in the proper sense of the word; not for goods or articles intended for sale, for private consumption, as a gift, or brought on board for account of somebody else.

It is incumbent on the Officer to certify and declare solemnly his specifications of lost property.


Article 25

Shipwreck indemnity

Over and above the benefits accorded to an Officer - in Article 24 above - he shall enjoy an additional amount as stated in SEK in the attached wage scale after shipwreck caused by a war-incident. - If considered reasonable, owing to circumstances, the compensation shall be paid also, where a war-incident has occurred without involving the total loss of the ship, provided, however, that the crew has been obliged to abandon the ship at sea. In the event of the parties being unable to agree, a joint investigation shall be made in order to bring out a satisfactory solution of the dispute.


Article 26

Insurance against theft

It is incumbent on the Swedish Shipowners' Association to sign a collective insurance against theft for the Officers onboard. Through this insurance, damage on insured property is paid when this is caused by unlawful entering of closed quarters occupied by the Officer, and if property at this occasion is stolen or if damage is caused. The insurance covers in the first instalment a maximum amount in SEK according to what is stated in the attached Wage Scale, Appendix No 1. Damage on or loss of Cash, traveller's cheques, banker's drafts or such are not covered by the insurance. On each occasion a sum corresponding to 2 percent of the first-risk amount stand at the Officer's own risk.


Article 27

Oil tankers - Insurance against vocational injury

An Officer, serving onboard, shall in the case of death or personal injury, which can be proved to be caused by the ships' characteristic of being an oil-, gas- or chemical tanker, receive an amount of SEK according to what is stated in the attached Wage Scale in case of death, and in case of personal injury amounting to ten per cent (disablement), such a part of this amount, as usually is paid by the Swedish life insurance companies in similar cases. In case of death the sum in SEK according to what is stated in the attached Wage Scale, to be paid to the employee's survivors as beneficiaries.

Survivors in the sense of this agreement are husband/wife and such child or adopted child, who at the time of death was officially registered in the native country of the deceased as his/her child.

If husband/wife is the only survivor he/she to receive the entire sum in SEK according to what is stated in the attached Wage Scale, Appendix No 1. If besides husband/wife there are other survivors, half the sum to be paid to the husband/wife, the rest to be divided between other survivors, according to the rules in the Swedish Inheritance Act.

Reference to wife/husband in the foregoing part applies also in cases, where an employee, being of age, but unmarried, has been living together with an unmarried woman or man under marital conditions.

The employee, however, being in the right to provide - in writing - that another person, than the above mentioned survivors shall be his/her beneficiary in case of death.


Article 28

Severance grants - shipwreck

If in the consequence of an accident at sea, the ship is lost or is declared un-repairable, and the Officer can't be re-employed within the former employment agreement, and notice of termination must be given; the same time of notice shall be applied as is agreed.

If the Officer is unemployed, when the time of notice has expired, he has the right to receive wages (basic) for the period during which he is without employment for such cause but in no case for more than 2 months. From the 2 months' wages shall be deducted wages received during time of notice.

He has also the right to receive free passage with maintenance to Manila and also to receive wages (basic) during the voyage in so far as he is not receiving wages according with the first paragraph of this Article. The voyage to Manila to be arranged for by the employer.


Article 29

Transfer of Officers

The Company may transfer an Officer to any of its vessels provided that the vessel is covered by this agreement and provided that the transfer shall not result to demotion in rank or diminution of pay and benefits and that there will be no interruption of time for calculating leave benefits or increase in term of service.


Article 30

Provident Fund

The company shall contribute to the Provident Fund a monthly amount in accordance with the wage scale for each Officer and Cadet covered by this agreement while the officer/Cadet is engaged onboard.

The Provident Fund shall be arranged in accordance with a special agreement between the parties. Statues for the Provident Fund will be established by the parties.

Article 31

Training, Upgrading and Education Project

To improve the training, standards of competence and education of Filipino Officers, the parties to this Agreement have agreed to participate in a Training, Upgrading and Education Project.

The company agrees to a monthly financial contribution to the Project in accordance with the wage scale.

The company and the Unions agree that this project shall be managed by a Board of Trustees whose membership shall come from the Company and the Unions. The Board of Trustees shall draw out the implementing instructions for the Project.

The Company shall remit the contribution to the Project monthly, in respect of each Officer covered by this Agreement, to the designated bank account authorized by the Board of Trustees.


Article 32

Required Courses

The cost of any course required for maintaining a certified level, according to the STCW-95 Convention, during the employment period or between two such periods, or any other courses as required by the shipowner, should be borne by the shipowner/employer.


Article 33

Jurisdiction

The Unions and the SEA have agreed to that this agreement should be subjected to Swedish law and the jurisdiction of the courts in Sweden. Cases concerning the Officers' service on the ship may be brought against the Company before a Swedish court.


Article 34

Union Dues to the AMOSUP

The Company shall deduct dues of US$ 23 from monthly wages of each Officer covered by this collective bargaining agreement. The deducted dues shall be remitted every third month to AMOSUP in accordance with that union's instructions to the Company.


Article 35

Strikes. Lockouts and Similar Reaction

The Officers and companies who are covered by this agreement shall refrain from strikes, lockouts and similar action at sea and in ports with the exemption of Nordic ports.


Article 36

Duration of this Collective Bargaining Agreement

This agreement shall be effective from January 1st to December 31st, 2008.

The Collective Bargaining Agreement can be terminated by any of the parties by notifying the other with 12 months written notice; however, for termination on December 31st, 2008 the agreed mutual notice period is three (3) months.

If no such notice is given the agreement is valid up to December 31st, 2008 and further with a mutual notice-period of three (3) months.

Manila, November 19th, 2007

The Swedish Shipowners' Employer Association

Lars Andersson

The Associated Marine Officers' and
Seamen's Union of the Philippines
(AMOSUP)

Gregorio S. Oca

The Swedish Ship Officers' Association

Christer Lindvall



Appendix No 2
Officers

GRIEVANCE PROCEDURE

The Swedish Shipowners' Employer Association (SEA) and The Associated Marine Officers' and Seamens' Union of the Philippines (AMOSUP) and the Swedish Ship Officers' Association (SSOA) have agreed to an amicable settlement of all disputes related to this collective bargaining agreement including disputes between their members, the shipping companies and the Officers, see the introduction part, last paragraph.

As a result, the SEA and AMOSUP agree that the following procedures shall be followed for disputes between the shipping companies and the Officers:

1. The Company and the Officers shall refrain from filing any complaint before the POEA or any court or office in the Philippines without having exhausted first this grievance procedure.

2. The Company shall observe the following disciplinary actions when offended or dissatisfied with the Officer's behaviour or performance:

A) Erring Ship Officer shall receive a written warning from head of department, senior Officer or the master. The warning issued should also ask the Officer to explain his actions in writing within 24 hours and indicate the possible consequences for him of his actions. A notice of the warning should be entered into the ship's logbook.

B) When the Officer's written explanation is received, the master will decide if further steps shall be taken or if the case should rest. If further steps should be taken, the procedure will be:

a) If the master considers it necessary to terminate the contract of employment, the Officer shall be duly informed. He will have the entitlements for termination pay and repatriation as prescribed in Article 8 c and d in the agreement (CBA).

b) If the master consider it possible that the Officer should be dismissed, a hearing shall be summoned before a committee consisting of the master as a chairman and two other members appointed by the master. If possible one of the other members shall be chosen amongst the Officers or crew group that the Officer has belonged to. The hearing shall take place less than 14 days after the errors or similar have happened.

The master/chairman shall question the Officer and any witness who might be able to provide information in the case. The remaining members of the committee and the Officer himself may ask questions to the witnesses, through the master/chairman or directly as the master/chairman decides. The submitted statements from the Officer and the witnesses shall be entered into a special protocol. A copy of standard protocol which may be utilised is attached as Appendix No 2A.

The statement shall be read out to those who have submitted them. If the master/chairman makes a decision in the matter, he shall state the grounds for such decision, and the decision shall be entered in the protocol.

The members of the committee shall by their signature certify the accuracy of the entered statements. The Officer is entitled to a copy of the protocol. A notice of the protocol and the hearing should be entered into the ship's logbook.

c) When the hearing is concluded, the master shall decide as soon as possible if the Officer should be dismissed (Article 8 e), be given notice of termination (Article 8 c) or if the case should rest without further steps for the time being.

If the master decides to dismiss the Officer, the Officer shall be informed immediately of the decision. The decision may be included in the protocol from the hearing and should be entered into the ship's logbook.

An Officer who has been dismissed should be given the information in writing. A standard form which may be used for such information is enclosed as Appendix No 2B. He will have no entitlements to termination pay or repatriation, see Article 8 e.

If the master decides to give the Officer notice of termination, the Officer shall be duly informed and receive the entitlements indicated in Article 8 c and d.

d) In special cases the committee may be appointed by the Company or the Company's representative and the hearing will take place ashore if considered necessary in order to best elucidate the factual basis for dismissal.

3. An Officer who considers himself aggrieved shall make his complaint(s) in accordance with the following procedures:

A) A written complaint shall be communicated as soon as possible to the master or any available superior Officer.

B) A meeting shall be held with the Officer and the master, superior Officer or another representative for the Company to discuss and settle the complaint.

C) The Officer can ask for a written statement of the settlement/non-settlement which shall be noted in the ship's logbook.

D) An Officer who wishes to appeal a disciplinary action of the Company see point 2 above or who wishes to appeal a settlement/non-settlement of the grievance, see point 3 above, shall consult AMOSUP.

AMOSUP shall, before advising an appeal to be filed, request the Company's view. The Company is entitled to the request that AMOSUP discuss the case with SEA before an appeal is made to the authorities or the court.

4. Complaints from an Officer regarding the conditions onboard or regarding the application of this collective bargaining agreement, shall, on request of the Officer, be examined by the employer.

If the Officer is not satisfied with the result of the examination he may request a mutual examination between the employer and the AMOSUP.

Before an appeal to the court is made the employer, the AMOSUP or the Officer shall request that the case shall be brought up for consideration between the SEA, AMOSUP and SSOA.


Appendix No 2A
OFFICERS


STANDARD FORM TO BE USED FOR BOARD HEARINGS

In the year...................of the..............................day of..............

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

a hearing was conducted on board

M/V ........................................................................................

or at the shipping company's office in............................................

The location of the vessel was ....................................................
(to be filled out when hearing is conducted on board)

The chairman of the board was:

Master/crew manager:

.................................................................. who chaired the hearing

The other people appointed as board members were:

position ....................................name...........................................

" .................................... " .................................................

" .................................... " ..............................................


The hearing was conducted in connection with

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

(Short description of alleged infringement of rules/reasons why dismissal is being considered, preferably citing the specific regulations which it is alleged were violated)


The following appeared to make a statement:

1.........................................................................................
(Statement by the seafarer to whom the hearing relates, preferably in that
persons own words)

2.........................................................................................
(Statement by any witness/witnesses preferably in the latter's own words)

(Anyone on the vessel, with the exception of the board members, may be a witness, including the person alleged to have been victim of the seafarer's misbehaviour)

The statements were read aloud to the people who made them.


The matter was then considered by the master/crew manager who decided that

........................................................................(name)
is to be dismissed based on the principles in Article 18 of the Swedish Seamen's Act.

.......................................................................(name)

is summoned and informed of the decision.


Any remarks by the dismissed seafarer: .............................


Record of hearing read aloud and approved:

............................................... captain/crew manager

Other members of the board.

........................... ..................................................
name/position name/position

1 copy for the seafarer
1 copy for the vessel
1 copy for the company/agent


Appendix No 2B
OFFICERS


NOTICE OF DISMISSAL

NAME OF SEAFARER:


Your are hereby dismissed from your employment on

.............................................(name of vessel)

with immediate effect and will sign off ..............20......in.........
(name of port)

A copy of the record of the conducted hearing is enclosed.

Your account with ...........................................

(name of the company) ....................................

will be settled as per date of signing off.

Place .......................................................

Date ........................................................

Signature..................................................
(Master, Company or its representatives)


I confirm to have received above dismissal:


Place .......................................................

Date ........................................................
Signature of Seafarer

1 copy for the seafarer
1 copy for the vessel
1 copy for the company/agency


Appendix No 3
OFFICERS

SEAMEN'S HOSPITAL

Associated Marine Officers' and Seamen's Union
of the Philippines - P TGWO-ITF

Cabildo Cor. San Jose Sts., Intramuros Manila


The Seamen's Hospital is one of the country's accredited hospitals that offers a tertiary level of health care delivery. A great number of minor and major surgeries from the various specialities have been performed in this hospital.

Following are the services offered in their Department Order.

DEPARTMENT OF SURGERY:

1. General Surgery -

involves surgery of the Esophagus & Diaphram, Acute Abdomen, Peritoneal Cavity, Stomach and Duodenum, Liver Binary Tract, Pancreas, Spleen, Small and Large Intestines, Anorectum.

2. Orthopaedics -

involves the management of infections of the bones and joints, the various forms of arthritis, tumours and tumour like lesions of the bones, the various forms of Dislocations, Fractures and Fracture Dislocations which include the spine and minor injuries like sprain and strain.

3. Urology -

covers the management of the infection and injuries involving the genitourinary Tract. The removal of stones found in the Genitor-Urinary Tract. Tumours of the Genitor-Urinary Tract and disorders of the scrotum, testis, spermatic cord, penis, prostate and seminal vessels and adrenals.

4. Thoracis Surgery -

involves the surgical management of disorders in the lungs, the pleural cavity, the bronchus, the pulmonary Vascular system which may arise from infection, tumour or trauma.


5. Anaesthesiology -

the service provides local and general anaesthesia depending upon the indications to the various specialities in the hospital. Facilities for the administration of anaesthesia are available in the operating room complex and the emergency room on call or scheduled basis.

DEPARTMENT OF PAEDIATRICS

Dependants of seamen members who are paediatric cases are provided a twelve (12) bed air-conditioned ward by the Seamen's Hospital. The Paediatric staff provides the necessary diagnostic and therapeutic management of such cases.

DEPARTMENT OF OBSTETRICS AND GYNAECOLOGY

This is one of the busiest departments of the Seamen's Hospital. It has an average delivery of 50-60 per month. Aside from deliveries which includes caesarean section, prenatal check-up and management of obstetrical and gynaecological disorders are provided.

DEPARTMENT OF MEDICINE

1. Internal Medicine -

this involved the management of the diseases of the vital organs of the body not requiring surgical management. It encompasses the whole human body system in its general aspect and this is handled by our general practitioner. Whenever necessary these cases are further referred to the sub-specialities i.e. cardiologist etc. for more specific management.

2. Cardiologist -

our cardiologist offer ECG examination, interpretation and monitoring. We have also the cardiac stress test monitoring station to further evaluate prospective cardio-vascular cases.

3. Dermatology -

this services provides the evaluation and management of all skin disorders to include infection, congenital anomalies, tumour, parasitic infection and also the hair and nail disorders.

DEPARTMENT OF REHABILITATION MEDICINE

This department provides physical medicine and rehabilitation services to patients referred by various specialists. Most of the cases referred are disabilities arising from medical, surgical and traumatic conditions. These conditions are handled by a physiatrist and physical therapist. They render thermotherapy, electro-therapy, gymnasium consisting of quadriceps chair, parallel bars, practice stairs, shoulder wheel and traction apparatus for cervical and pelvic traction. They also have whirlpool bath for hydrotherapy and ultrasound machines. Short wave Diathermy apparatus, Infrared lamps and paraffin bath.

DEPARTMENT OF EYE, EAR, NOSE AND THROAT

This service provides for the medical and surgical management of disorders of the eye, ear, nose and throat. Surgical management like cataract extraction with intra-ocular lens implantation are among the various eye surgery done in this hospital. Most common eye condition among seamen is pterygium, which is surgically excised when it becomes irritated and affects the vision of the seaman. The diagnostic facilities available in this department are the refractometer and projection screen for visual acuity test, the direct and indirect opthalmoscope, the p73 slit lamp apparatus, the Schiotz Tonometer, the Perimeter, the audio-booth and the Audiometer, and Ishihara test plates for colour vision.

DEPARTMENT OF RADIOLOGY

This service provides X-ray and Ultrasound examination. It has two (2) fixed X-ray machines (500 MA and 650 MA) with one having a TV monitoring capability. It also has a mobile X-ray Machine that can be transported to the wards and operating room. It also has an ultrasound apparatus that can determine defects in the liver, gall bladder, spleen, pancreas, kidney and the biliary tree. It can also determine the age of gestation of the fetus in the uterus and sometimes the sex when possible. It can also detect other masses in the pelvic cavity
including the abdominal aorta.

DEPARTMENT OF PATHOLOGY

Provides examinations that includes hematology, serology, blood chemistry, clinical microscopy, bacteriology, parasitology, and exfoliative cytology. Our laboratory is a duly accredited facility by the government.

DENTAL DEPARTMENT

The dental department provides like dental examinations, dental consultation and/or check-up, oral prophylacsis, anodyne treatment, temporary filling, zinc phosphate cement bond filling, silicate cement filling, silver amalgam filling, basic gum treatment, basic dental extraction, pre and post operative treatment and systemic medication.

OTHER SERVICES

PSYCHOMETRIC SCREENING SECTION

This provides proper screening of prospective seamen in order to determine whether they are psychologically and intellectually prepared to face the demands and hazards of a new environment aboard ship. They undergo personal interview and also written and practical examinations, which are prescribed by the Health and Marine Agencies of the Government.

NURSING SERVICE

The Nursing Service provides the medical and surgical nursing care to patients confined in the hospital. They are distributed to the wards, operating room complex, out patient department, emergency room and nursery. Our nurses are trained p73 to provide the best of attention and response to the comforting needs of the patients.

TRANSPORTATION SERVICE (AMBULANCE)

The Seamen's Hospital provides evacuation, transfer and pick-up of patients to and from the hospital. The two ambulances are provides with oxygen and other insulation apparatus plus the emergency and obstetrical bags.

PHARMACY

Out-Patient - 8:00 a.m. to 5:00 p.m.
In-Patient - 24 Hours

DIETARY

Responsible for planning both general and special diets, devising menus, preparing and serving food to patients and personnel.


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