SEA-002 - Articles Of Agreement Between The Master And Seafarers In The Merchant Service Of The Republic Of Liberia (Shipping Articles)

Supersedes: Marine Notice SEA-002, dated 5/12

The following changes have been made:

1. Edits made to align the text with the details in RLM-110 (Articles of Agreement)
2. Changed Administration to Commissioner or Deputy Commissioner or authorized Representative

PURPOSE:

This Notice advises all shipowners, operators, seafarers, agents and recognized organizations of certain necessary changes made to the Articles of Agreement as part of the Office of the Deputy Commissioner's implementation of the STCW Convention of 1978, as amended, and the International Safety Management Code.

APPLICABILITY:

This Notice applies to the signing-on and signing-off of all seafarers serving aboard Liberian flag vessels.

REQUIREMENTS:

1.0 Implementation

No other wording of the Shipping Articles shall be used in lieu of this official wording which may be reproduced in columnar form. Where necessary, a foreign language version may be appended to it or otherwise made a part of it. On any vessel, the new format of the Articles of Agreement prescribed in this Notice shall be required upon expiration of the Articles currently in effect.

• 1. Definitions

• 1. Seafarers

For the purpose of Chapter 7 of the Maritime Regulations, seafarers means any and all members of the crew and officers other than the Master and pilots, employed or engaged in any capacity on board any vessel. Wherever the words "seaman" and "seamen" are used in the Maritime Law and Regulations and thereunder, the reference shall be to "seafarer" and "seafarers."

• 1. Crew

Crew means collectively those persons other than officers and Master, serving in any capacity on board a vessel.

• 1. Hotel Staff

Those persons on board providing services to passengers and who are not regularly assigned to perform shipboard safety and pollution prevention related duties are considered hotel staff and not part of the ships crew as defined above. Accordingly, hotel staff are not required to sign Shipping Articles.

3.0 Form of Articles of Agreement to be Annexed to the Crew List

ARTICLES OF AGREEMENT BETWEEN THE MASTER AND SEAFARERS IN THE

MERCHANT SERVICE OF THE REPUBLIC OF LIBERIA

Name of Vessel/Official Number/Port of Registry/Gross Tonnage/ Propulsion Power

It is agreed between the Master and the undersigned seafarer of the (steam) (Motor) vessel...........(a)...........of which .................(b).................. is at present Master, or whoever shall become Master, now bound from the port of ..............(c)...................... to ...............(d)............... and such other Ports and places in any part of the world as the Master may direct, for a term (of) (not exceeding) .......(e)....... calendar months, that:

• • 1. Seafarers shall conduct themselves in an orderly, faithful, honest and sober manner, and shall at all times be diligent in their respective duties and obedient to the lawful commands of the Master, or of any person who shall lawfully succeed him, and their superior officers, in everything relating to the vessel, its stores and cargo, whether on board, in boats or on shore. In consideration of this service, to be duly performed, the Master agrees to pay the undersigned seafarers the wages expressed herein and/or set forth in supplemental provisions and/or agreements.

• • 1. Wages shall commence no later than on the day specified and agreed to in these Articles or at a time of presence on board for the purpose of commencing work, whichever first occurs, and shall terminate on the day of discharge.
    2. Seafarers are entitled to receive on request, in local currency, from the Master one half of the balance of base wages actually earned and payable at every intermediate port where the vessel shall load or discharge cargo before the end of the voyage, but not more than once in any fifteen day period.

• • 1. If the Master and a seafarer agree, a portion of such seafarer's earnings may be allotted to such seafarer's spouse, children, grandchildren, parents, grandparents, brothers or sisters, or to a bank account in the name of the seafarer.

• • 1. Any seafarer who is put ashore at a port other than the one where he signed on these Articles and who is put ashore for reasons for which he is not responsible, shall be returned as a seafarer or otherwise, but without expense to him (a) at the Shipowner's option, to the port in which he was engaged or where the voyage commenced or to a port in such seafarer's own country; or (b) to another port agreed upon between the seafarer and the Shipowner or Master with the approval of the Commissioner or Deputy Commissioner or authorized Representative. However, in the event such seafarer's contract period of service has not expired, the Shipowner shall have the right to transfer him to another of the Shipowners vessels, to serve thereon for the balance of the contract period of service, unless otherwise provided for herein.

• • 1. Any seafarer whose period of employment is terminated by reason of completion of the voyage for which he was engaged or of expiration of his contract period of employment, shall be entitled to repatriation at no expense to him to the port at which he was engaged or to such other port as may be agreed upon.

• • 1. If any person enters himself as qualified for duty which he is incompetent to perform, his rank or rating may be reduced in accordance with his incompetency or he may be discharged.

• • 1. Any seafarer may request his immediate discharge on grounds of injury or illness, and such discharge may be granted in the Master's reasonable discretion at the next appropriate port.

• • 1. The Master shall give to a seafarer discharged from his vessel either on his discharge or on payment of his wages, the Seafarer's Identification and Record Book as issued by the Commissioner or a Deputy Commissioner of Liberia Maritime Authority, with an entry specifying the period of his service and the time and place of his discharge.

• • 1. Every Master in service aboard a Liberian flag vessel shall ensure that watchkeeping arrangements are adequate for maintaining a safe, continuous watch or watches, taking into account the prevailing circumstances and conditions and that, under the Master's general directions all watchkeeping personnel shall observe the principles and guidance set out in the International Convention on Standards of Training, Certification and Watchkeeping, 1978, as amended, and as established by the Commissioner or Deputy Commissioner.

• • 1. All persons who are assigned duty as officer in charge of a watch or as a rating forming part of a watch shall be provided a minimum of ten (10) hours of rest in every 24hour period; and a minimum of 77 hours in any 7-day period.

• • 1. The hours of rest may be divided into no more than two periods, one of which shall be at least six (6) hours in length;

• • 1. The requirement for rest periods set forth in paragraphs (a) and (b), above, need not be maintained in case of an emergency or drill or in other overriding operational conditions - i.e. essential shipboard work which could not reasonably have been anticipated at the commencement of the voyage;

• • 1. Notwithstanding the provisions of paragraphs (a) and (b), above, the minimum period of ten (10) hours may be reduced to not less than six (6) consecutive hours provided that any such reduction shall not extend beyond two days and not less than seventy (70) hours of rest are provided each seven-day period;

• • 1. Watch schedules shall be posted where they are easily accessible on board the vessel;

• • 1. The Master shall cause the recordation of the hours of work and/or rest periods of each seafarer, and such record shall be available for inspection by marine inspectors designated by the Commissioner or Deputy Commissioner.

• • 1. In order to be alert and maintain proper fitness for the performance of watchkeeping duties, watchkeeping personnel shall have no more than 0.05% blood alcohol level (BAC) during watchkeeping duties; and watchkeeping personnel shall not consume alcohol within four (4) hours prior to serving as a member of a watch.

• • 1. Eight hours per day shall constitute a working day while in port and at sea.

• • 1. Work performed over and above an eight (8) hour period shall be considered overtime and be compensated for at overtime rates. Work performed in excess of eight (8) hours per day shall not be compensated for when necessary for the safety of the vessel, its passengers, officers, crew, cargo or for the saving of other vessels, lives or cargo, or for the performance of fire, lifeboat or other emergency drills.

• • 1. Seafarers shall keep their respective quarters clean and in order.

• • 1. No dangerous weapons, narcotics or contraband articles, and alcoholic beverages except as provided by the Shipowner as part of the vessel's provisions, shall be brought on board the vessel nor allowed in the possession of seafarers, and any seafarer bringing the same on board or having the same in his or her possession on board, shall be subject to discharge and/or shall be liable for such fines as the Master may direct, and all such items shall be confiscated. The amount of any fine levied against the vessel by the proper authority of the port wherein the vessel is then located, for possession of narcotics and/or contraband cargo, shall be made good to the Shipowner out of the wages of the seafarer or seafarers guilty of such possession.

• • 1. Seafarers shall be granted shore leave. No seafarer shall go ashore in any foreign port except by permission of the Master. However, the Master shall not refuse the reasonable request of any seafarer for shore leave for the purpose of presenting a complaint against the vessel or Master to a Liberian Consul or other proper Liberian Official.

• • 1. The Shipowner and Master may issue such rules and regulations as may be necessary for the safe and proper operation of the vessel; providing nothing contained therein shall be contrary to law.

• • 1. If any seafarer considers himself aggrieved by any breach of these Articles, he shall represent the same to the Master or officer in charge of the vessel, in a quiet and orderly manner, who shall thereupon take such corrective action as the case may require.

• • 1. All rights and obligations of the parties to these Articles shall be subject to the Laws and Regulations of the Republic of Liberia.

IT IS ALSO AGREED THAT:

(additional provisions may be included or referenced herein or attached hereto, including any collective bargaining agreement (CBA) that forms part of the employment agreement).

• • 1. IN FURTHERANCE HEREOF, the (each) seafarer hereby shall be given an opportunity to review and seek advice on terms and conditions in the employment agreement, including any collective bargaining agreement (CBA) that forms part of the employment agreement, and that he/she freely accepted them before signing the agreement. (A provision to this effect may be included in an employment contract or on separate sheet(s) attached to the form of Shipping Articles, RLM-110 provided by the Deputy Commissioner).

IN WITNESS WHEREOF the said seafarers have subscribed their names herein on the days mentioned against their respective signatures.

Articles opened at .......………............. on ..................…… ……….....................................

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