Articles of Agreement.This was the name given to the document in which the conditions of the crew employment agreement was contained. Under certain flags, the Crew Agreement is as yet called the "Articles".The name came from the various paragraphs in the document, every one numbered as "Article 1", "Article 2, etc. The Articles of Agreement was likewise some of the time called “ship’s articles” or “shipping articles” and demonstrated that the agreement was between the Sailor (seaman) and the master / Sailor (seaman) and company.
Articles of agreement for employment of Sailor (seaman) Contractual clauses/terms and conditions.
- 1. This Articles of Agreement (AOA) between employer/employer's agent and the Sailor (seaman) is dependent upon the condition that the Sailor (seaman) will serve in capacity/rank on compensation as shown with different terms of employment and service conditions according to the significant collective bargaining agreement area shrewd as material.
- 2. This Articles of Agreement (AOA) will be for serving nearby and for the period as concurred in applicable collective bargaining agreement from the date of the first signature in this agreement.
- 3. It is thus concurred that the said Sailor (seaman) will be provided with arrangements at least what is given in the size of arrangement under section 101 (2) (g) of the Merchant Shipping Act, 1958 (44 of 1958) or as material under collective bargaining agreement, whichever is higher.
- 4. It is concurred that the rights, obligations and the terms of employment of Sailor (seaman) and the commitments of ship-owners will be governed by material collective bargaining agreement/the arrangements of I L O Conventions endorsed by India, Merchant Shipping Act 1958, the guidelines /notices/circulars/orders made there under with the exception of which are explicitly referenced in D G S request No. 7 of 2002.
- 5. Master should keep on board a copy of applicable collective bargaining agreement/the arrangements of I L O Conventions endorsed by India, Merchant Shipping Act 1958, the rules/notices/circulars/orders. These archives ought to be made accessible to seafarers working on the vessel, their legal delegates and other legitimate authorities for their perusal at any reasonable time.
- 6.In connection to an individual Sailor (seaman), this agreement might be ended ( terminated ) --
- By mutual consent:
- If medical evidence indicates that a Sailor (seaman) is incapable of continuing to perform his duties by reason of illness or injury,
- If seaman is absent without leave at a time fixed for sailing: or
- If in the opinion of the master, continued employment of the Sailor (seaman) is is probably going to imperil the vessel or any individual ready.
Importanat point of Articles of Agreement
( Much Needed )
- It is an agreement between the Seafarer(Seaman) and the employer/employer's agent .
- The agreement exists in 5 original copies.
- Each of the 5 copy are initially signed by Seafarer (Seaman) and employer/employer's agent.
- Seafarer joins ship with the 1st ,2nd and 3rd original copy .
- These copies are signed by the master and the Sailor (seaman) .
- The master retains the 1st and 3rd copy and the Sailor (seaman) retains the 2nd copy .
- The 4th copy is held by the employer/employer's agent.
- The 5th copy is given over to the the shipping master .
- On signing off the 1st ,2nd and 3rd copy are signed by the master and Sailor (seaman) .
- The 1st copy is retained on board whereas the 2nd and 3rd copy will be carried ashore by the Sailor (seaman) .
- The 2nd copy will be retained by the seafarer and the 3rd copy will be handed over to the employer/employer's agent where all dues of the seafarer will be settled.
- The 3rd copy will then bo forwardad to the master ater three photocopies are taken.
- One photo copy will be forwarded by the employer/employer's agent to the Seaman's Provident Fund Organization ( SPFO ) .
- The second photo copy will be forwarded by the employer/employer's agent to the Sailor's ( Seafarer ) Welfare Fund Society ( SWFS) .
- The third photo copy is retained in the employer/employer's agent's office .
Contents details of Article of Agreement
- 01. Details of employer
- 02. Details of employer's agent
- 03. Details of ship
- 04. Details of employment
- 05. Signature with date & stamp of employer /employer's agent
- 06. Signature with date & stamp of master
- 07. Details of seafarers
- 08. Details of next of kin
- 09. Details of certificates
- 10. Details of special ship type approval ( endorsement) ( if applicable )
- 11. Signature of seafarer with date
- 12.Signature with date and stamp of shipping master
- Remarks ( if any) with signature & date by seafarer / employer / employer's agent / shipping master / SPFO / SWFS.
Sample of Articles of Agreement (AOA) as per DGS
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