Wages for alternative land jobs are much lower than the market interest rate. Instead of. 8 annual leave, . B 3.2 days per month of employment may be inserted instead of a real number of days. v Social security benefits – This includes the payment by the shipowner of all costs incurred in connection with illness or damage that occurred between the day he began his service on board a ship and the date on which he is deemed to have been duly returned. This includes payments to be made by shipowners in the event of the death or long-term disability of a seafarer as a result of an accident at work, an occupational disease or a risk incurred during the service of seafarers under a seafarers` contract of employment or as a result of their employment under such an agreement. vi Return – The right of return includes carriage to the place where you signed your employment contract, to your country of residence or to another place mutually agreed with the shipowner at the time of signing the EES, or subject to the consent of the shipowner to another place of choice of seafarers. vii The maximum length of service after which a seafarer is entitled to repatriation shall not exceed 52 weeks less the statutory paid annual leave viii Applicable collective agreements – Seafarers` employment contracts may include all applicable collective agreements, where applicable. Therefore, the conditions contained in a collective agreement should be attached or incorporated by reference into a seafarers` contract of employment and thus form part of a seafarers` employment contract.
However, collective agreements cannot completely replace seafarers` individual employment contracts for seafarers employed on UK-registered ships. ix Inclusion of additional provisions by the shipowner It is recognised that there will be cases in which shipowners wish to include provisions that go beyond the provisions of the Maritime Labour Convention. There is no objection to the inclusion of such additional provisions, but such provisions should not conflict with the provisions of the general legislation or the merchant shipping legislation of the Cayman Islands or with the international instruments extended by the United Kingdom to the Cayman Islands. It will not consider or approve any additional conditions as is currently the case for crew agreements, and it is therefore the responsibility of the shipowner to ensure that there are no conflicts. Otherwise, the issuance of a maritime labour certificate may be refused or cancelled if a certificate has already been issued. x The place where the agreement is concluded shall indicate the name of the village, town or country where the agreement was signed by the parties Model Cayman Seafarers` Contract of Employment 1. Parties to the employment contract This agreement is concluded between:. 3 You will receive a monthly account for all payments due to you and amounts paid, including salaries, additional payments, allowable/legal deductions and the exchange rate used if the payment is made in a currency other than the one agreed above. 6.
Work and rest periods Your working hours are agreed so that you receive at least 10 hours of rest per 24-hour period and at least 77 hours of rest per seven-day period. Their rest periods may be divided into a maximum of two periods, one of which must last at least six hours, and the interval between successive rest periods must not exceed 14 hours. The Cayman Islands Merchant Shipping Regulations 1 require the master or a person authorized by the master to keep a record of your daily rest periods. Records must be kept in English and in the working language of the ship if it is not English. Records of your rest periods must be confirmed by the Master or a person authorized by the Master and by you, and a copy of the protocol in the confirmed form will be presented to you. You may be required, at the master`s sole discretion, to work overtime or assist other ships or persons at risk in the event of an emergency that affects the safety of the ship, its passengers, crew or cargo, or the marine environment. You may also need to work overtime for safety drills such as models, fire drills, and lifeboat drills. In such cases, you will then receive one or more compensatory rest periods. 7. Paid annual leave iv You are entitled to: Working days (at least 38 days) in each year of employment. [Insert number] The above minimum amount includes 8 days on public holidays, which must be included in the holiday period and distributed in proportion to the year. During this holiday, you will receive your normal base salary.
If your employment relationship is started or ended during the year, your entitlement to paid annual leave in that year will be prorated. .
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