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Sample of Manning Agreement Between Owner and RPSL Agent

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Shashank Shekhar
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0% found this document useful (1 vote)
1K views4 pages

Sample of Manning Agreement Between Owner and RPSL Agent

Uploaded by

Shashank Shekhar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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This Manning Agreement By and Between BLACK SEA MARINE LLC. HORIZON TOWER - D ROOM NO. 405 AJMAN ~ UNITED ARAB EMIRATES Tel. No. :+97167410684 E-Mail : [email protected] (Hereinafter referred to as the “COMPANY") And ‘ARISE SHIP MANAGEMENT LLP. ~ duly registered, organized and existing by and under the law of Limited Liability Partnership Act, 2008 of India and having its main office at VASANT KUNJ, PLOT NO. 372, SOMESHWAR NAGAR, ASHRAM ROAD, NEAR STARCITY OFFICE, JUCHANDRA, NAIGAON (EAST}, TALUKA ~ VASAI, DIST - THANE, PIN 401208 (Herein after referred to as the “AGENT”) WHEREAS The Company is desirous of using the services of the AGENT for the supply of Indian Crew Members with Indian Endorsement and AGENT is able to procure such services for vessels engaged in overseas trade Owned by the Company's and his Crew management 1. GENERAL SCOPE In accordance with the terms and conditions of this Agreement, AGENT when required by the COMPANY shall supply crew members of specified rank and numbers to be engaged on board vessels under Company's crew management. AGENT hereby agrees to perform itself or through its subsidiary its obligations hereunder in accordance with provisions of this Agreement. Likewise the COMPANY shall perform its duties and responsibilities as provided for under Clause 4 of this agreement. 2. AGENT'S APPOINTMENT ‘The COMPANY hereby appoints AGENT as a non-exclusive supplier of crew members for employment on board vessels under COMPANY'S crew management and the AGENT accepts such appointment and shall operate and act as an AGENT of the COMPANY. 3. RESPONSIBILITIES OF THE AGENT ‘The AGENT hereby undertakes: i. To interview the candidates extensively and ensure that all efforts are made to select suitably qualified and experienced crew members who meet the following requirements a) The crew member will be qualified with the respective documents including certificates of competence, where applicable which are valid for at least twelve months from the date of recruitment and duly endorsed as per the requirement of competent authority. ‘The international convention on standards of training, Certification and watch-keeping for seafarers, 2010 (STCW 2010), and have a valid Seaman's Identification card. b) The Master and the Chief Engineer should be proficient in oral and written English, Officers and Engineers should have a good command of and be able to converse and give command to ratings in English, ii, ) All crew members will have successful pre-employment medical examination and hold medical fitness certificate valid for at least one year from the date of recruitment. d) AGENT will send legalized copies of all the documents as may be required by the Company as per their ranks, well before crew member's departure to join the vessel. €) To propose the crew member to the COMPANY by fax or email, for confirmation, giving full details such as the qualifications, experience, certification held and personal data; To complete all local formalities, open visas etc., etc. so that the crew members are ready in all aspects to proceed for joining the vessel designated by the COMPANY; To ensure that the crew member have read and signed their respective Employment Agreements {Contract of Employment), internal regulation, ISM Rules, Safety, Drug Smuggling and Alcohol Abuse Declarations. The contract of employment will be signed before joining crew through our office on behalf of the Company. To follow company's quality procedures related to the employment of qualified seafarers. 4, RESPONSIBILITIES OF THE COMPANY vill. To advise the AGENT, as far as possible, well in advance (say minimum 30 days) on required crew members together with the tentative date of departure, port of joining, particulars of ship and full style of agents or personnel assisting the crew member at the port of joining. To provide the crew members with a necessary working cloths plus safety shoes at the time of joining. All cost involved i.e. transportation charges (Tickets, delivery to airport/port); visa formalities are to be covered by the COMPANY. To ensure that the crew members are insured as per the company’s Rules / P & | Policy as may be applicable. In consideration of the AGENT carrying out his duties under this agreement the AGENT shall be remunerated in accordance with the provisions of Company Policy or as may be mutually agreed upon by both the parties in the manner legally accepted, from time to time during the course of manning. I required or deem fit Company can carry interview over mobile or social media platform and do the selection of the candidate (crew) before his departure. Company will give copy of necessary registration documents / certificates of its entity with Tax Identification number of the Company, for records of the Agent. Should there be any transfer of any crew from one vessel to another of the same Company (Principle) in that case company will inform agent with necessary legal documents of transfer and shall inform within seven days of transfer, to enable the Agent to give necessary information to DG Shipping India on-line. Company will provide a Financial Security (amount) of its own in case where P&I or other means in compensating the seaman becomes time consuming {beyond three months) or claim is not working for some reasons. Company shall give this Financial Security in terms of US Dollars for death and disability of any crew member while on company's duty, for natural or accidental death and disability compensation per degree (percent of disability) 5, EMPLOYMENT AGREEMENTS ‘The employment agreement or Contract of Employment forthe crew members shall beas per the {formats issued by the COMPANY and accepted by the AGENT 6, REPLACEMENT OF CREW MEMBERS WITH UNSATISFACTORY PERFORMANCE i. IF Crew member's employment agreement is terminated within the probation peried of ‘three months ofjoining inthe fist contract andifnot terminated during his rs contract, ‘within employment on board in the subsequent contract, due to incompetence, medical unfitness due to preexisting health condition or crew's own unwillingness to continue, the COMPANY will recover from the cew member all expenses incurred on crew ‘member's repatriation, including but not limited to his airfare, his relievers airfare and agency costs. ii, Mfacrewmembor’s employment agreements terminated atany timebefore expiry on the {ground ofbreach of the vessel's disciplinary code or unsatisfactory perfermance, al the ‘expenses incurred ia the crew member's repatriation, including but not limited to his airfare, his relievers airfare and agency costs pro-rated tohis short stay on board will be ‘deducted from him and the agency fee applicable to him will be refunded to the ‘COMPANY, by the Seafarer. ‘Termination ‘This agreement sall be in force with eect rom the date of signing, herein after mentioned and. shall be valid until revoked by either party. Termination ofthis agreement may be effected by ‘ether party giving thirty (0) days’ notice of termination in writing This agreament shall be ‘terminated immediately iether party agree or become insolvent or goes into liquidation. 8, DEATH COMPENSATION & DISABILITY LL mcase or death on beard, compensation will be made to the Seatarer by the ‘Company at par with P & I Policy and/or prevailing Marine Rules & Regulations and/or ‘Local Laws / Guidelines, as thecase may be. ILI. above isnot working for some reasons, Company wil give compensation as per (Crew Branch Circular issued by the office of the Director General of Shipping (Govt. Of Indi) being Circular No.2 dated 16/01/2012 which directs to refer compensation as ‘mention by NMB India Agreement of Rating and INSA-MUI Agreement for officers, asmay ‘be applicabte. IL The company undertakes to repatriate the seafirer so employed if stranded at any place as well as to look after his reasonable maintenance & to transport the mortal ‘remains ofthe seafarer,ifpermissible under local laws, incase of death. IV. In case of accident or any untoward incident withthe crew on hoard ship, Company ‘ill take are ofhis hospitalisation, medical and such other things, tl theseaman init. V. In situations worst Company has agreed at 4((x) above to give compensation as per Financial Security clause agreed therein. Details of amount and degree of disability is covered in draft Contract of Employment signed with this Mansing Agreement. VL ttnone ofthe abore is working within aspecified time period of sic months, agent shall pay compensation as per CBA sereement with Forward Seamen's Union of India (FSU 9. Other Terms i ‘Agent hereby guarantees the qualifications, efficiency, competence ethics and suitability of crew members selected hereunder in all respects. fi, It fs clarified that the employment of the crew member is temporary and only for the employment agreement periad ie. shipboard period only. ‘The AGENT is obliged to the master and his crew in complying with the Company's rules, ISM ‘codes and all other applicable laws and regulations for the benefit of the latter. iv. The period of service and remuneration of the crew member will be 2s mentioned in the Employment Agreement and accepted by the Seaman / Employee. V. Should the Seaman cease to be the crew member of the vessel as a result of a sale of vessel, a Secision of the vessel owner or bare boat chatterer ar any other reason, the crew member will ‘be repatriated back to the international airport of the seafarer’s home country by the COMPANY after settlement of his wages earned on board, and the COMPANY shall not be liable or responsible to the crew member for any compensation for unnerve employment agreement period or termination compensation of any kind, except as may be specified in the individual employment agreement. ‘This agreement is executed in duplicate and in English language in witness whereof this agreement is ‘executed on the date hereinafter mentioned. Dated:14* October, 2020 Place: Ajman—UAE, Rowikedk Sona yp? Dated:14" October, 2020 DESIGNATED PARTNER Place:Naigaon (East) — Vasai- Mumba? RAVIKANT SANDILYA (DIN: 01829643) (For and on behalf of the Agent) This document is executed virtuely by both the parties

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