These are contracts that bind individual crew members to the itf agreement and the corresponding ABC. They list the details of the sailor, employer, vessel and the CBA conditions that apply to that particular crew member. For example, if he/she is an AB, he/she will give the base salary, guaranteed overtime, overtime rate, vacation pay and per diem that apply to an AB. There should be 4 copies of the seafarer`s employment contract: one copy that the seafarer can keep for his own records; one for the vessel`s file; one for ITF London; and one for the company`s file. In cases where, due to travel restrictions imposed due to the coronavirus outbreak, crew members are required to exceed 12 months or the contractual duration on board specified in their original Seafarers` Employment Contract (SEA), such extensions are considered a case of force majeure and therefore do not constitute a breach of the Maritime Labour Convention. 2006, (MLC) as amended. When a shipowner signs an itf agreement, he undertakes: Occasionally, 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. If an initial or annual inspection cannot be carried out before the end of the inspection window, the owner/operator must inform BMA`s Inspections and Investigations (firstname.lastname@example.org) department and provide complete supporting information. Inspections are carried out in the first port where an inspector is available. To find out if your ship is covered by an itf agreement, click Search For affected crew members, a new SEA must be included in the renewed contract with the following text:Seafarers may terminate the contract with 7 days` notice if the force majeure situation caused by the COVID-19 pandemic allows staff to safely travel to their destination. 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. In accordance with the requirements of the STCW, the Bahamas has signed agreements with certain parties to the STCW on the recognition of seafarers` training, the list of countries is included in BMA Bulletin No. 121 In this case, an entry must be made in the official logbook of the ship describing the situation and listing the crew members who had to extend their stay. 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. 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. The Bahamas is a party to the STCW and is on the IMO white list of countries that have given full effect to the Convention. The Seafarers` and Staff Department issues all seafarers` documents, including: The undersigned union is usually 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 document that lists all the conditions of the crew employed on the ship. It defines rights such as wages (in the form of a salary scale), hours of work, etc. Use the links below or click on the relevant documents on the right side of this screen to view the texts of the various ITF collective agreements. . ITF agreements are only those approved by the ITF and apply only to vessels flying flags of convenience (FOC)* Bahamas Maritime Authority Technical Alert 20-03, Version No. 37, of 24.03.2020 If a surveyor is unable to carry out the planned surveys due to covid-19 restrictions, including the cancellation of planned dry docks and/or ground surveys, and that a new investigation is not feasible, the Administration authorizes its accredited organizations to consider requests for extension/postponement due to force majeure or unforeseen exceptional circumstances and without prior authorization. issue legal certificates to the BMA in the short term for a maximum period of 3 months. This should be followed by a physical examination as soon as possible. This should be followed by a physical audit as soon as possible. Initial, Annual and Pre-Registration Inspections in the Bahamas: For SMC and DOC renewal audits and with reference to the provisions of ISM Code 13.14, the BMA authorizes its accredited organizations to issue existing SMC and DOC certificates for 3-month renewals at the request of the Company without prior authorization from the BMA.
* Non-FOC or nationally flagged vessels may be covered by national agreements, but these fall under the competence of the local union of the flag country. The BMA recognises that all CoPs issued by other states (these do not need to be approved) are valid for use on Bahamian ships for the period authorised by the issuing state, including COPs extended until 1 October 2020 at the latest. For PRELIMINARY ISM DOC audits where participation is not physically possible and remote auditing is not feasible, the Administration may authorize the issuance of a preliminary DOC once the recognized organization has received a statement from the Company confirming that the safety management system is in place and meets the objectives of paragraph 1.2.3 of the ISM Code. . . .