B. In the event of a partial loss, the amount will be determined by mutual agreement between the two parties, but in no case will it exceed the Philippine currency, which corresponds to the amount of two thousand US dollars (2,000 US dollars). The undersigned syndicate generally comes from the country where the ship`s economic shipping company is based. Often, the trade unions of the nation or nations of origin of the occupation also participate in the negotiations. This is to ensure that the agreement takes into account all national laws and practices and that crew members can become members of their national union. This is the legally binding document that binds the employer to the relevant collective agreement (CLA) approved by the ITF. It indicates which CBA applies, specifies the details of the vessel concerned and indicates the dates on which the agreement is valid. It sets out the obligations of shipowners and the right of ITF representatives to access the vessel and verify its compliance with the agreement. To find out if your ship is covered by an ITF agreement, click Search In the event of claims and disputes arising from this employment, the parties covered by a collective agreement file the claim or dispute of the initial and exclusive jurisdiction of the voluntary arbitrator or panel of arbitrators. If the parties are not covered by a collective agreement, they may, at their discretion, submit the claim or dispute either to the initial and exclusive jurisdiction of the National Labor Relations Commission (NLRC) under Republic Act (RA) 8042, also known as the Migrant Workers and Overseas Filipinos Act of 1995, or to the initial and exclusive jurisdiction of the voluntary arbitrator or panel of arbitrators.
If there is no provision on voluntary arbitrators to be appointed by the parties, they are appointed by the accredited voluntary arbitrators of the National Conciliation and Mediation Committee of the Ministry of Labour and Employment. B. If, by mutual agreement, the seafarer continues to serve on board the same vessel, that service shall be treated as a new mission. Seafarers are entitled only to a wage earned. When a shipowner signs an ITF agreement, he undertakes: B. If, at the time of signing the contract, an area is declared a commercial war or war risk zone and the seafarer agrees in writing to sail to that area, the agreement will be duly attached to the contract for review and approval by the Philippine Overseas Employment Administration (POEA). The seafarer must comply with the agreement or bear his repatriation costs if he decides not to sail to a commercial war or war zone. The ITF-TCC Agreement is the most common type of ITF Agreement. Most affiliated unions use the ITF Uniform Agreement on STC. There are several other types of STC agreements, all approved by the ITF and adopted by various affiliated unions around the world.
Although they may vary slightly (mainly due to the requirements of their national legislation), they are all based on the ITF-TCC single and comply with the itF minimum standards. Sometimes the ITF signs an agreement directly with the shipowner. If you are covered by an ITF agreement but there is no ITF member union in your home country, the ITF will represent you to the employer. The ITF Model Agreement is usually signed as a result of a labour dispute or when it is determined that a company has breached a previous agreement. This is the most costly agreement for the shipowner. . 5. Lagopthalmos, one eye ………………. Gr. 12 C. the calculation of the total permanent or partial disability of the seafarer caused by the damage suffered by military activities in the war zone should be based on the permissible rate to be paid in the war zone in accordance with this Treaty. .
2. Guaranteed or fixed overtime – not less than thirty percent (30%) of the seafarer`s basic monthly salary. This flat overtime rate includes overtime worked on Sundays and public holidays, but may not exceed one hundred and five (105) hours per month. . 3. Following the authorization of medical treatment of the ship, the seafarer shall be entitled to sickness benefit equal to his basic salary until he is declared fit for work or the degree of permanent disability has been determined by the doctor designated by the enterprise, but in no case may this period exceed one hundred and twenty (120) days. . ITF agreements are signed by an ITF subsidiary and a shipping company, either by the beneficial owner, operator, crew agent or ship manager. 1. Total loss of one inch including metacarpal bones…….
Gr. 9 4. Scars on the penis or destruction of parts of the cavernous body or urethra that disrupt erection or significantly affect coitus … Gr. 9 If the ship is destroyed, which requires the termination of the employment relationship before the date specified in the contract, the seafarer is entitled to wages earned, a medical examination at the employer`s expense to determine his working capacity, repatriation at the employer`s expense and a monthly base salary as severance pay. 9. Incurable nonsense ……………. Gr.
1. 1. In the event of the professional death of the seafarer during the term of his contract, the employer will pay to its beneficiaries the Philippine currency in the amount of fifty thousand US dollars (50,000 US dollars) and an additional amount of seven thousand US dollars (7,000 US dollars) to each child under twenty-one (21), but not more than four (4) children. at the exchange rate in effect during the payment period. 3. Total stiffness of the neck due to a fracture or dislocation of the cervical jaws…. Gr. 8 8. Mild mental disorder or disorder requiring little assistance or assistance and slightly affecting the applicant`s ability to work 31. Irregular union of the fracture with joint stiffness and shortening of 6 to 9 cm ….. Gr.
10 Communication is crucial for the safety of navigation and ship management. Exposure to X-rays, ionizing particles of radium or any other radioactive substance or other forms of radiant energy. . The master must comply with the following disciplinary procedures against a stray seafarer: 3. Serious impairment of the intra-abdominal organs that requires regular assistance and presence, which does not allow the worker to seek gainful employment …….. Gr. 1 B. The master or his agent shall conduct the investigation or hearing and give the seafarer the opportunity to explain himself or defend himself against the charges. These procedures shall be duly documented and recorded in the ship`s logbook. . To be paid in Philippine currency equivalent to the exchange rate in effect during the payment period.
4. In the case of credit ratings, overtime shall be based on the guaranteed or working overtime rate mutually agreed upon by the parties. Overtime of more than 105 hours per month for the assessment will also be paid on the basis of the open overtime rate. One. The seafarer is required to make an allowance to be paid once a month through an authorized Philippine bank to his designated allocation in the Philippines. The master/employer/organization shall give the seafarer the opportunity to do so at no cost to seafarers. The allowance shall be at least eighty per cent (80 per cent) of the seafarers` monthly basic salary, including additional payments. 11.
Loss of two (2) or more fingers: Compensation for the loss or loss of use of two (2) or more fingers or one (1) phalanx or more than two digits or more of one hand is proportional to the resulting loss of the hand, but shall not exceed the compensation for the loss of one hand: 1. The seafarer first contacts the head of the department to which he is assigned to explain his complaint. c. If a person who was manifestly asymptomatic before being burdened at work showed signs and symptoms of heart injury during the performance of his or her work and those symptoms and signs persisted, it is reasonable to claim a cause-and-effect relationship. A recent decision by the Supreme Court of the Philippines appears to have set a precedent for seafarers` claims regarding the additional protection that employment under a collective agreement (CBA) often offers. This particular judgment concerns a seafarer applying for employment with the Associated Marine Officer`s and Seamen`s Union of the Philippines (AMOSUP) CBA. 2. Loss of a toe other than the big …………. Gr. 14 If the ship is sold, detained or the voyage is cancelled before the date specified in the contract, the seafarer is entitled to wages earned, repatriation at the employer`s expense and one (1) month`s base salary as severance pay, unless arrangements have been made for the seafarer to join another ship of the same client in order to enter into his contract; in this case, the seafarer shall be entitled to the basic salary until the date of accession to the other vessel. .