Ещё , Добрый день! Вот прислали контракт на оффшор - письмо счастья )) Это развод ? ---------------------------------------------------------------------------------------------- INTERNATIONAL CREWMEMBER AGREEMENT This Crewmember Employment Agreement ("Agreement") is entered into as of the15 th day of Aug. ,2017, by and between Delta Marine (UK) Limited ("Employer") for the VOE EARL (“Vessel”), IMO No. 9639983, and popen2580 ("Crewmember"). 1. Position. Crewmember shall be initially hired to fill the position of OS Seaman for and on behalf of the Vessel/Company. 2. Duties. Crewmember shall perform the duties customarily performed by a Crewmember employed in the position in which Crewmember is then employed. However, regardless of the position in which Crewmember is employed, Crewmember shall perform such duties as may be directed by the Master, Mate, Crewmember's supervisor or any other designated representative of Employer. (The terms "Master" and "Mate" mean the master or any mate of any Vessel operated by Employer on which Crewmember is then on board.) 3. Term. Crewmember’s employment shall commence on 25/08/2017 and shall continue without interruption through ____30 DAYS___ unless terminated earlier pursuant to Section 4 below. This agreement may only be extended in writing and by mutual agreement of the parties. a. Exceptions. From time to time, Crewmember may perform dockside services, including loading, unloading, repairing, cleaning and such other services as may be required on or around vessels docked in a shipyard (“Shipyard Work’). Crewmember acknowledges that during such times as Crewmember is engaged in Shipyard Work he/she shall not be considered a Crewmember under the terms of this Agreement. 4. Termination. This Agreement may be terminated for the following reasons. a. Expiration of the Agreement Term. Unless extended in writing, this Agreement shall terminate upon the expiration of the term set forth in Section 3 or, if such date falls while the Vessel is at sea, at the Vessel’s arrival in a port from which daily scheduled transportation by common air carrier is available and upon completion of the following tasks. 1) vessel is tied up; and 2) all gear is stored and the Vessel and equipment are cleaned and in proper condition for a Vessel of her class; and 3) required maintenance work is completed; and 4) all other Crewmember obligations under this Agreement have been met. b. Termination by Employer. The Employer may terminate Crewmember’s employment under this Agreement at any time for any reason, including but not limited to the following reasons. 1) For Cause. Employer may terminate this contract for cause. Termination for cause includes, but is not limited to: a) Breach of any part of this Agreement; or b) Engaging in unauthorized conduct as set forth below in Section 16; or Crew Initials - 2 - c) Violation of any federal, state, or local law. If Crewmember is terminated for cause, Crewmember agrees that he or she will be responsible for his or her own return transportation to the port of hire from the point of termination. 2) Employer Operations. Employer may terminate this Agreement for reasons related to the operations of the Employer, including if the Vessel is unable to perform its duties due to mechanical breakdowns and/or structural damage, the Vessel operations are not financially viable, Crewmember’s position is eliminated, or ownership of the Vessel changes. If Crewmember is terminated for reasons related to the operations of the Employer, Employer agrees to pay for Crewmember’s return transportation to the port of hire from the point of termination. c. Termination by Crewmember. Crewmember may terminate his or her employment under this Agreement at any time. If Crewmember terminates this Agreement prior to the expiration of the Agreement term in Section 3, Crewmember agrees that he or she will be responsible for his or her return transportation to the port of hire from the point of termination. 5. Compensation. Crewmember shall be paid by one of the following methods. a. X ____A daily rate of £ 83.33 per calendar day or pro rata share thereof beginning on the date of commencement of this Agreement and terminating upon the date of termination pursuant to Section 4 of this Agreement; or b. _____A monthly rate of £ ______ per calendar month or pro rata share thereof beginning on the date of commencement of this Agreement and terminating upon the date of termination pursuant to Section 4 of this Agreement. Payment of all compensation to Crewmember shall be subject to customary withholding tax and other employment taxes as required by law and deductions as authorized under the terms of this Agreement. 6. Payment. Payment shall be made on a semi-monthly basis with payment for the 1st through the 15th falling on the 23rd of each month and payment for the 16th through the last day of each month falling on the 8th of each month. If payday falls on a Saturday, payment will be made on the preceding Friday. If payday falls on a Sunday, payment will be made on the following Monday. If payday falls on a bank holiday, payment will be made on the next business day that is not a holiday. 7. 4, the Employer shall provide transportation from the port of hire to and from the Vessel at the commencement and termination of this Agreement as set forth in the Travel policy attached hereto as Addendum 1. Transportation. Notwithstanding anything in Section 8. 4.c, 11, and 17.Advances and Deductions. Under no circumstances will Employer advance to Crewmember any wages in advance of such amounts having been earned. However, Employer may in its sole discretion, advance to Crewmember amounts already earned prior to the regularly scheduled payment date. In such case, Crewmember agrees that Employer may deduct such amounts from the next payment of earned unpaid wages. Crewmember agrees that Employer may deduct any other amounts pursuant to the terms of this Agreement, including without limitation to those described in Sections Crew Initials - 3 - 9. Drug and Alcohol Policy. Crewmember will be subject at all times while employed under this Agreement to Employer’s Alcohol and Drug policy as attached hereto as Addendum 2. 10. Anti-Harassment Policy. Crewmember will be subject at all times while employed under this Agreement to Employer’s Anti-Harassment policy as attached hereto as Addendum 3. 11. Uniforms and Personal Items. Uniforms provided by the Vessel must be returned at the termination of the Agreement and prior to final departure from the Vessel. If Crewmember fails to return any Employer-supplied uniform upon the termination of this Agreement, Crewmember agrees to allow Employer to deduct the costs for such uniform from Crewmember’s final paycheck. 12. Permits, Documents and Licenses. Crewmember is responsible for obtaining and maintaining all permits, licenses, and/or documents necessary to perform the duties of the position for which Crewmember has been hired. 13. Passengers. No passengers or guests of Crewmembers shall be permitted on the vessel without Employer’s prior approval. 14. Loss of Personal Property. In the event of total or constructive total loss, Employer will reimburse Crewmember for personal property lost onboard up to a total of Two Thousand Five Hundred Pounds (£2,500). The actual amount of reimbursement will be based on Crewmember’s proof of loss. To the extent Crewmember desires further coverage for loss or damage to Crewmember's personal property, Crewmember must obtain his/her own personal insurance, which insurance shall be endorsed to waive subrogation against Employer and Vessel. Employer will not be responsible for any property loss due to theft. 15. Crewmember’s Express Warranties. As a condition of employment under the Agreement, Crewmember expressly agrees, promises, represents and warrants that the following are true: a. Crewmember has been advised by Employer and understands that the working conditions on board the Vessel are difficult, strenuous, and sometimes hazardous, and that working hours are long. Crewmember has considered these factors before making a decision to accept this employment. b. Crewmember is physically and mentally able to perform all Duties without accommodation other than those previously requested and approved in writing by Employer. c. All information requested from or provided by Crewmember is complete and accurate, including without limitation all information provided in Crewmember’s employment application, medical questionnaire and employment eligibility verification form (I-9). 16. Unauthorized Conduct. The following activities are expressly prohibited while employed under this Agreement. a. Failure to abide by and enforce Vessel’s watch keeping standards as posted in the wheelhouse. b. Violation of any Employer policy including Drug and Alcohol policy and Anti-Harassment policy. c. Use of the Vessel’s skiff without express permission from the Employer. d. Unauthorized use of the Vessel’s radio transmitters, phone or fax. e. Failure to meet Vessel departure schedules or other schedules established by Employer. f. Being absent without leave from the Vessel while in port. g. Engaging in physical violence with any other Crewmember or Employer representative. Crew Initials - 4 - h. Failure to capably perform the duties for which Crewmember has been hired and/or inefficient or dangerous performance of such duties. i. Improper use of Vessel equipment, including willful or gross negligence resulting in damage to Vessel, company property, or other’s property. 17. Maintenance and Room and Board. Crewmember agrees that any maintenance due shall be paid at the rate of Twenty Dollars ($20.00) per day. Employer will provide room and board at no charge for each day the Crewmember is employed under this Agreement. If Crewmember voluntarily refuses to work or terminates his or her employment under this Agreement while at sea, Crewmember will be charged Twenty Dollars ($20.00) per day for room and board. 18. Attorney’s Fees. Neither Employer nor Crewmember shall be entitled to any attorney’s fees or costs for pursuing or defending any claim to enforce this Agreement or any right or obligation created hereby. 19. Severability. If any provisions of this Agreement prove to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision of this Agreement. 20. Choice of Law, Venue and Jurisdiction. This Agreement shall be solely governed, construed, and interpreted exclusively by the general maritime laws of the United States and applicable United States statutes; the obligations, rights and remedies with respect to the employment relationship established by this Agreement shall not be enlarged, supplemented or modified by the laws of any state or local jurisdiction. Employer and Crewmember submit to the jurisdiction of the Courts of King County and the United States at Seattle, Washington. The exclusive venue for any lawsuit between the parties arising out of or in any way related to this Agreement and/or any lawsuit for illness, personal injury, or death, maintenance, cure, or unearned wages whether arising under the Jones Act, the General Maritime Law or otherwise, shall be in the Federal or State Courts in King County, Washington. Employer and Crewmember submit to the jurisdiction of the Courts of King County and the United States at Seattle, Washington. 21. Entire Agreement. This Agreement and the Exhibits attached hereto, Crewmember’s employment application, medical questionnaire, and employment eligibility verification form (I-9) constitute the entire Agreement between Employer and Crewmember and supersede all prior oral or written statements and representations. This Agreement may not be modified except in a writing signed by both parties. No representative of Employer, including the Vessel Master, has made, or is entitled to make, any oral or written representation inconsistent with these provisions.
This Agreement is entered into as of the date first set forth above. -----------------------------------------------------------------------------------------------------------------------------------------------------
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