Revised Contract Musat
Revised Contract Musat
Revised Contract Musat
5. Nationality: Romanian
6. APM-ID: 7001699
10. Name and address of Ship Owner* 11. Signature and Details (Cadet)
(Company):
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Authorised by Shipowner (As defined under box 10) to issue Contract of Employment.
**Entities defined as Branch offices under vessel’s DOC or Recruitment and Placement Services under vessel’s DMLC Part II.
Date: 06.09.2021
6.0 Cadet Training Obligations operational conditions but in such cases the Cadet shall
have an adequate compensatory rest period.
10.7. Emergency drills will be conducted in such a manner that
6.1. When a Cadet joins an Assigned Vessel, he will be under minimises the disturbance of rest periods and does not
the command of the Master. The Cadet shall during sea induce fatigue.
service obey the lawful command of the Master of the 10.8. A short break of less than 1 hour will not be considered
vessel and shall strictly comply with the on-board Safety a period of rest.
Management Systems at all times. His training 10.9. It is the Cadet’s own responsibility and obligation to fully
obligations are listed but not limited as per Appendix 5 observe the applicable rest hour legislation as well as
– Cadet Training Obligation. making consecutive daily registrations of your rest hours
in vessel’s computerised Rest Hour Registration system.
Should the planning of work and rest hours give raise to
7.0 Cadet Training Programme any expected illegal deviations of the applicable rest
hour legislation the Cadet should immediately inform
7.1. The Company shall provide 12 months of seatime vessel’s management for corrective actions.
onboard vessels owned, managed, or operated by the
Company. The 12 months will be split into 2
assignments of 6 months each. 11.0 Stipend & Bonus
7.2. The Cadet shall undergo training ashore and on-board 11.1. The Cadet is entitled for a stipend of USD450.00 (United
required for obtaining the Deck or Engine Watchkeeping States Dollars Four Hundred Only) per month or prorated
Certificate of Competency. for shorter durations as indicated in Box 13 on Page 1.
7.3. The Cadet is allowed a maximum period of twelve (12) Payment will be made for every month onboard or
months to obtain his / her Deck or Engine Watchkeeping prorated for shorter period of service on-board the
Certificate of Competency from the effective date of Company's vessels and the only deductions from such
completion of his/her shipboard training. Should the stipend shall be deductions as recorded in this
Cadet fail to obtain the Certificate of Competency within Agreement and/or other deductions as authorized by the
the said period, the Company reserves the right to reject Cadet.
subsequent employment as officer. 11.2. The Cadet shall be supplied with an account of payment
of their net stipend, after deductions, in a currency
agreed with the Cadet, at the end of each calendar
8.0 Hours of Duty/ Practical Training month.
11.3. Any stipend not drawn by the Seafarer shall
8.1. Consolidated stipend is based on the normal working
accumulate for their account.
week of 44 hours (forty-four) and in compliance with
STCW convention as amended. The normal hours of 11.4. Any upward revision to the stipend may not require
work/practical training shall be 8 (eight) hours per day issuance of a new agreement. Such changes in the
for 5 days in a week and 4 (four) hours for the sixth day wages will be communicated by any communication
with one day of rest per week and rest on public holiday. means available at the disposal of the company. E.g.:
8.2. In case of young Cadet, less than 18 years of age, the The communication means may include one or more of
consolidated stipend is based on the normal working
the following: e-mail, on-board crew management
week of 40 hours (forty) and in compliance with STCW
convention as amended. The normal hours of software or GMP web portal.
work/practical training shall be 8 (eight) hours per day
for 5 days in a week with at least one day of rest per 12.0 Leave
week and rest on public holiday.
12.1. The leave entitlement will be 2.5 days per month or
8.3. The Cadet may be required to work outside the normal
prorated for shorter period.
hours of work/ practical training.
12.2. The stipend as indicated under Article 11.1 includes all
8.4. The stipend being paid out to you includes any time
the leave pay.
devoted for practical training in excess of the above
12.3. However, whilst the Cadet is ashore or on leave,
hours mentioned under Article 8.1 or 8.2 as applicable.
between voyages and/or attending ancillary courses, the
Company shall bear no responsibility to, nor be obligated
9.0 Public Holiday to the Cadet in any manner whatsoever other than set
9.1. Public Holidays will be as governed by the vessels flag out herein.
state.
9.2. The stipend being paid to you includes the payment for 13.0 Warlike Operations Areas
the public holidays.
13.1. A war risk bonus is not part of this agreement. The war
risk bonus shall be determined by and entered into from
10.0 Rest Periods time to time and revised at the same time as agreements
10.1. Rest hour regulations shall be in accordance with the between the unions of any applicable CBA and the
vessels flag state merchant shipping act for which the vessel’s Ship Owners’ Association and/or any flag state
Cadet has been assigned. nominated Shipping Committees.
10.2. Each Cadet shall have a minimum of 10 hours rest in any 13.2. During the assignment the Cadet shall be given full
24-hour period. information of the war zone’s inclusion in the ship’s
10.3. The hours of rest may be divided into no more than two trading pattern and shall have the right not to proceed
periods, one of which shall be at least 6 hours in length. to a warlike operations area, in which event the Cadet
10.4. Not less than 77 hours of rest are provided in any seven shall be repatriated at Company’s’ cost with benefits
day-period. accrued until date of return to the port of engagement.
10.5. The Company shall post a table in an accessible place on Where a ship enters into any such define war zone the
board showing in detail the schedule of service at sea Cadet will be paid a war risk bonus at an amount agreed
and in port and the minimum hours of rest for each by the nominated parties.
position on board. 13.3. Where a ship enters into any such define war zone the
10.6. The requirements for rest periods need not be Cadet will be paid a war risk bonus at an amount agreed
maintained in the case of emergency or other overriding by the nominated parties.
13.4. The Cadet shall have the right to accept or decline the per Article 15.0 except where such termination arises
assignment without risking losing their sponsorship or under Article 15.5, 15.6, and 15.7.
suffering any other detrimental effects. 16.5. When during the course of the voyage, the spouse or the
cohabitee or children, or a parent falls dangerously ill or
14.0 Crew’s Effects in case of their death while the Cadet is serving on-board
14.1. When any Cadet suffers total or partial loss of, or a company vessel, every effort will be made to repatriate
damage to, their personal effects whilst serving on board the Cadet concerned as quickly as possible. The
the ship as a result of wreck, loss stranding or provision shall also be applied with regard to the partner
abandonment of the vessel, or as a result of fire, flooding of a Cadet provided that this partner has been
or collision, excluding any loss or damage caused by the nominated by the Cadet at the time of engagement as
Cadet’s own fault or through theft or misappropriation, the Cadet’s next of kin. Always provided that this does
they shall be entitled to receive from the Company
not affect the flag's state regulations on the safe
compensation up to a maximum of USD 3000. For the
purpose of this clause, Crew’s effect does not include manning of the vessel or when the vessel is unable to
cash in excess of USD 1000. sail should a relief not be immediately available. The
14.2. The Cadet shall certify that any information provided company will bear the cost of such repatriation provided;
with regard to lost property is true to the best of their the Cadet submits proper documentation of cause for
knowledge. such compassionate repatriation.
decision of this doctor shall be final and binding on both or cremated abroad. If not possible under the
parties. circumstances, the proper disposition thereof, upon
18.4. If the Cadet contracted or suffer illness or injury through agreement with Cadet’s next of kin.
his own notorious negligence or immoral acts, vicious 21.4. Unless prohibited by local law or regulations the
habits, or deliberate refusal to obey lawful orders or heed Company shall bear in full the costs of transporting the
previous warning of his superiors, then any expenses body of deceased Cadet, or the remains and the
advanced by the company due to such sickness or deceased’s personal effects back to the Cadet’s country
injuries may be deducted from his salary. of residence.
18.5. In the event of absence as a result of sickness
aggregating more than 120 days in any consecutive 22.0 Insurance Cover
twelve calendar months, the Company reserves the right
to terminate this agreement by giving appropriate notice 22.1. The Company shall conclude appropriate insurance to
of resignation. Any outstanding accumulated leave cover themselves fully against the possible
earning will then be paid in cash. When the Cadet may contingencies arising from the Articles of this
be reporting fit for duty with a duly valid fitness-for-duty Agreement.
certificate she/he may be offered to renew this
agreement however depending on available vacant 23.0 Personal Protective Equipment
positions to be filled in.
23.1. The Company shall provide the necessary personal
protective equipment in accordance with ISM/IMO
19.0 Maternity
regulations, or any applicable national regulations that
19.1. In the event that the Cadet becomes pregnant during specify any additional equipment, for the use of each
the period of validity of this agreement, the Cadet shall Cadet while serving on board.
advise the master as soon as the pregnancy is 23.2. The Company will supply the crew with appropriate
confirmed; personal protective equipment for the nature of the job.
19.2. The Company will repatriate the Cadet as soon as 23.3. Cadet should be advised of the dangerous nature and
reasonably possible but in no case later than the 6 possible hazards of any work to be carried out and
months of pregnancy; and where the nature of the instructed of any necessary precautions to be taken as
vessel’s operations could in the circumstances are well as of the use of the protective equipment.
hazardous – at the first port of call.
24.0 Shipboard Safety Committee
20.0 Disability
24.1. The Company shall facilitate the establishment of an on
20.1. The Cadet who suffers permanent disability as a result board Safety and Health Committee of practice on
of an accident whilst on-board the vessel owned or accident prevention on board ship at Sea and in Port.
operated by the Company regardless of fault, including 24.2. The Company shall also designate an on board
accidents occurring while travelling to or from the ship, competent safety Cadet who shall implement the
and whose ability to work as Cadet is reduced as a result Company’s safety and health policy and program and
thereof, but excluding permanent disability due to wilful carry out the instructions of the Master to:
acts, shall in addition to sick pay, be entitled to a.) Improve the crew’s safety awareness;
compensation according to the provisions of this b.) Investigate any safety complaints brought to
Agreement. her/his attention and report the same to the
20.2. The disability suffered by the Cadet shall be determined Safety and Health Committee and the individual,
by a doctor appointed by the Company. If a doctor where necessary;
appointed by or on behalf of the Cadet disagrees with c.) Investigate accidents and make the appropriate
the assessment, a third doctor may be nominated jointly recommendations to prevent the recurrence of
between the Company and the Union and the decision of such accidents; and
this doctor shall be final and binding on both parties. d.) Carry out safety and health inspections.
20.3. The Company shall provide disability compensation to
the Cadet in accordance with Appendix 4 - Compensation 25.0 Equality
Payments.
25.1. Each Cadet shall be entitled to work, train and live in an
environment free from harassment and bullying whether
21.0 Loss of Life – Death in Service
sexually, racially or otherwise motivated. The Company
21.1. If the Cadet dies through any cause whilst on-board the will regard breaches of this undertaking as a serious act
vessel owned or operated by the Company including of misconduct on the part of the Cadet.
death from natural causes and death occurring whilst
travelling to and from the vessel, or as a result of marine 26.0 Grievance and Complaint Procedure
or other similar peril, but excluding death due to wilful
acts, the Company shall pay the sums specified in the 26.1. According to MLC 2006 Regulation 5.1.5 each vessel
attached Appendix 4 - Compensation Payments to a must have on-board procedures for the fair, effective
nominated beneficiary and to each dependent child up to and expeditious handling of Cadet complaints alleging
a maximum of 4 (four) under the age of 21 years. The breaches of the requirements of the MLC Convention.
Company should also transport at its own expense the The procedure outlined in Appendix 2 – Grievance and
body to Cadet’s home where practical and at the families’ Complaints will apply for settlement of any grievance or
request. If the Cadet shall leave no nominated complaint the Cadet may have or wish to make. Upon
beneficiary, the aforementioned sum shall be paid to the embarkation the Cadet will be further informed how the
person or body empowered by law or otherwise to procedure and practices have been implemented on
administer the estate of the Cadet. board.
21.2. Any payment effected under this Article shall be without
prejudice to any claim for compensation made in law but 27.0 Drugs and Alcohol Policy
may be offset against any such payments.
27.1. The cadet agrees to be familiar with and comply with the
21.3. In the case of death occurs on board or ashore during
Company’s Drug and Alcohol Policy. Breach of this policy
the on-board service period the Company shall bear in
will be a disciplinary matter and may lead to termination
full the cost of burial or cremation if the Cadet is buried
of this agreement.
Version 1.0 Page 5 of 9 Cadet’s Initials
MLC-CAD-ASI-MT
Unannounced drug and alcohol tests or searches may be Death by Natural causes: Death in service benefits as
initiated by the Shore-Based Personnel Department and / provided in Article 20 of this agreement will be:
or the Master to monitor compliance with the prohibition To the nominated beneficiary: USD 60,000
During the training, the Cadet agrees to abide by all the terms Modification of employment agreement
and conditions set out herein or communicated by the The following replaces the data-related provisions of your
Company to the Cadet from time to time. The Cadet must employment agreement with Maersk Tankers A/S:
follow the Company policies and procedures at all times. Any
breach of this Clause by the Cadet will entitle the Company to I consent that any personal data gathered by Maersk Tankers
terminate this Agreement without any prior notice to the Cadet. A/S provided by me during my recruitment process as well as
personal data provided by me or compiled during my
The Cadet shall be deemed to have acquainted himself with the employment with the Maersk Tankers A/S (collectively,
terms and provisions of the Standing Instructions, appropriate “personal data”) may be kept by Maersk Tankers A/S for
Master’s Circulars, Letter of Appointment and the Cadet purposes of facilitating my employment. I understand that
Training Scheme, all of which shall be deemed incorporated Maersk Tankers A/S will hold and process my personal data
herein and shall form part of this contract. Copies of these subject to relevant personal data protection law.
documents will be made available to the Cadet on request.
I consent that Maersk Tankers A/S may forward certain of my
personal data to other entities within Maersk Tankers A/S
The Cadet is responsible for his own progress throughout the
globally for the purpose of facilitating my employment,
Cadet Training Programme in accordance with the standards
including for the purposes of more effectively operating Maersk
required by the Company. In this respect, he must ensure that
Tankers A/S. I also consent that Maersk Tankers A/S may
the projects contained in his Training Record Book are
provide certain of my personal data to other entities outside
completed and signed off during the course of his Cadetship.
Maersk Tankers A/S as necessary for the purposes of
facilitating my employment. I consent that such may include
Whilst signed on board an Assigned Vessel, the Cadet’s
providing certain among my personal data to government
performance shall be monitored by the Master and respective
agencies as required by law or to private entities responsible
training officers.
for facilitating your employment with Maersk Tankers A/S. I
consent that this may include provision of medical information
The Cadet must show an interest in ship, machinery, stores
or other sensitive data about me. I understand that, where
and all the tasks he is involved with. The Cadet shall, at all
required, Maersk Tankers A/S will contractually agree with such
times by day or night, whenever his services may be required,
parties as to their processing of my personal data.
be diligent in his duty, promote the interests of the Maersk
Group and maintain a high sense of integrity. The Cadet agrees I consent that all personal data is kept for the entire duration
to serve on board any vessels owned or operated by the Maersk of my employment with Maersk Tankers A/S and deleted within
Group, trading worldwide. a time period as required by law after termination of my
employment. I understand that I have the right to withdraw
The Cadet shall keep in contact with the Company regarding my consents as provided here or to object to Maersk Tankers
his next vessel appointment. He must maintain a record of his A/S’s control of or processing my personal data. Any such
seatime and ensure that all required ancillary courses have withdraw or objection should be sent to
been completed. dataprivacy@maersktankers.com. I understand that I have
the right to complain to the Danish Data Agency as to any
The Cadet shall be responsible for obtaining and ensuring the mishandling of my personal data as provided by law.
validity of all his travel documents prior to being signed onto
the Assigned Vessel.
Data Privacy
Date of Signature: 06/09/2021
The General Data Protection Regulation (GDPR) imposes limits
on the personal data that Maersk Tankers A/S may possess and Place of Signature: CONSTANTA, Romania
requires consent for certain employment-related processing of
personal data. To ensure compliance, Maersk Tankers A/S
employees are being asked to (i) remove certain personal data
from systems and drives and verify compliance, and (ii)
execute a modification of the data-related provisions of their
employment agreement.