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REFERENCE NO: 109154/13/1

Seafarer Employment Agreement (SEA)


Article 1: Application
1.1 This Agreement sets out the standard terms and conditions under which the seafarer is engaged on any ship manned by
Marlow Navigation Company Limited (further referred to as 'the Company') as appointed by the owner of the ship.
1.2 The company undertakes that it will comply with all the terms and conditions of this Agreement.
1.3 The words in the masculine gender shall include the feminine.
1.4 Every seafarer shall be briefed on the terms and conditions of this Agreement prior to joining the ship. He shall read, understand and
acknowledge the terms and conditions of this Agreement.
Article 2: Employment
2.1 Each seafarer shall serve the Company competently and shall undertake that he possesses, and will exercise, the skill commensurate
with the certificates which they declare to hold. The seafarer will perform at all times as best as he can all works, including all
general maintenance and repairs, cleaning of tanks and cargo holds. The seafarer shall carry out required works at all times
including Saturdays, Sundays and holidays, at sea and in port.
2.2 The Company shall require that any seafarer shall have a satisfactory pre-employment medical examination and that the seafarer
answers in good faith any questionnaire on his state of health, which may be required. Failure to do so may, if so found relevant,
affect the seafarer's entitlement and/or to compensation as per Article 20.
2.3 The seafarer undertakes to arrange at his expense all relevant documents and certificates according to the STCW Convention, for
shipboard employment in the position applied for, such as but not limited to:
a) passport with minimum validity of twelve (12) months
b) valid vaccination card
c) valid seaman's book
d) valid certificate of competency and national endorsements according to position
e) STCW certificates relevant to his position
Article 3: Probationary Service
3.1 The first 6 weeks of the Employment Agreement shall be regarded as probationary period and both the seafarer and the Company
shall be entitled to terminate the employment prior to the expiry of the Agreement during this period. In such event the cost of
repatriation shall be the responsibility of the party who gives notice of termination but the compensation for premature termination
of employment provided in Article 14.4 shall not apply.
Article 4: Cargo Work
4.1 The seafarer shall perform cargo handling, including but not limited to lashing, unlashing, settings of cones and twist locks, bridge
fittings, assisting stevedores, etc., whenever and howsoever requested by the Master and permitted by local rules and regulations.
4.2 If required by the Master the seafarer shall operate the ship's gear, cranes, and tackle in a safe professional manner for loading,
discharging and shifting of cargoes.
4.3 If such works are performed during the regular working hours no extra compensation shall be paid to the seafarer. If, however, these
works are performed outside the regular working hours the seafarer shall be entitled to overtime compensation.
Article 5: Duration of Employment
5.1 A seafarer shall be engaged for a period of 9 (nine) month for both officers and ratings or as otherwise mutually agreed and such
period may be extended or reduced by one month for operational convenience in Company's option. The employment shall be
automatically terminated upon the terms of this Agreement at the first arrival of the ship in port after expiration of that period, unless
the Company operates a permanent employment system.
5.2 The employment shall commence on the date of departure from the seafarer's country of domicile. If the seafarer joins in a seaport
of his country of domicile, the actual date of embarkation is the first day of employment.
5.3 The last day of employment will be the date of arrival in his country of domicile, in case a seafarer disembarks in a seaport of his
country of domicile, the actual date of disembarkation shall be considered the last day of employment.
Article 6: Hours of Duty
6.1 The regular hours of work shall be eight hours per day from Monday to Friday and four hours on Saturday but in no case shall
exceed 44 hours per week.
Article 7: Overtime
7.1 Every hour worked beyond the regular 44 hours per week shall be considered overtime and shall be compensated as per respective
wage scale in the cover page.
7.2 Overtime shall be recorded individually and in duplicate either by the Master or the Head of the Department.
7.3 Such record shall be handed to the seafarer for approval every month or at shorter intervals. Both copies must be signed by the
Master and/or Head of the Department as well as by the seafarer, after which the record is final. One copy shall be handed over to
the seafarer.
7.4 Any additional hours worked during an emergency directly affecting the immediate safety of the ship, its passengers, crew or cargo,
of which the Master shall be the sole judge, or for safety drills or work required to give assistance to other ships or persons in
immediate peril shall not count for overtime payment.
7.5 Officers and cooks shall receive a consolidated wage rate, including compensation for overtimes.
Article 8: Holidays
8.1 For the purpose of this Agreement the following days shall be considered as holidays at sea or in port: Christmas Day, Boxing Day,
New Year's Day, Good Friday, Easter Monday, Labour Day (1. May), Spring Bank Holiday and Summer Bank Holiday.

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REFERENCE NO: 109154/13/1

Article 9: Wages
9.1 The wages of each seafarer shall be calculated in accordance with this Agreement and as entered in the cover page.
9.2 The seafarer shall be entitled to payment of his net wages, after deductions, in US dollars, or in a currency agreed with the
Company, at the end of each calendar month.
9.3 Any wages not drawn by the seafarer shall accumulate for their account and may be drawn as a cash advance.
9.4 For the purpose of calculating wages, a calendar month shall be regarded as having 30 days.
Article 10: Allotments
10.1 Each seafarer to whom this Agreement applies shall be allowed one allotment note, payable at monthly intervals, of up to 80% of
basic wages, or as otherwise mutually agreed, after allowing for any deductions as specified in Article 9.
Article 11: Leave
11.1 Each seafarer shall, on the termination of employment, be entitled to payment of leave pay for each completed month of service and
pro rata for a shorter period as specified in the cover page of the Agreement.
Article 12: Service in Warlike Operations Areas
12.1 A warlike operations area will be as indicated by the International Bargaining Forum (IBF).
12.2 During the assignment a seafarer shall be given full information of the areas of warlike operations inclusion in the ship's trading
pattern and shall have the right not to proceed to a warlike operations area, in which event the seafarer shall be repatriated at
company's cost with benefits accrued until date of return to his home country.
12.3 When a ship enters into an area where warlike operations take place, the seafarer will be paid a bonus equal to 100% of the basic
wage for the duration of the ship's stay in such area subject to a minimum of five days' pay. Similarly the compensation for
disability and death shall be doubled.
12.4 A seafarer shall have the right to accept or decline the assignment without risking losing their employment or suffering any other
detrimental effects.
Article 13: Crew's Effects
13.1 When any seafarer suffers total or partial loss of, or damage to, their personal effects whilst serving on board the ship as a result of
wreck, loss stranding or abandonment of the ship, or as a result of fire, flooding or collision, excluding any loss or damage
caused by the seafarer's own fault, they shall be entitled to receive from the company compensation up to a maximum of USD
3000. Cash and jewelry are non-insurable items.
13.2 The seafarer shall certify that any information provided with regard to lost property is true to the best of their knowledge.
Article 14: Termination of Employment
14.1 The employment shall be terminated:
a) upon the expiry of the agreed period of service;
b) when signing off owing to sickness or injury, after medical examination in accordance with Article 17.
14.2 The company may terminate the employment of a seafarer:
a) by rendering notice of termination as per Annex I
b) on the grounds of misconduct or incompetence of the seafarer in accordance with Article 16;
c) upon the total loss of the ship, or when the ship has been laid up for a continuous period of at least one month or upon the sale
of the ship;
d) if the seafarer is in breach of the Employment Agreement, including but not limited to the duration of the employment period.
14.3 A seafarer to whom this Agreement applies may terminate employment:
a) by rendering notice of termination as per Annex I
b) when, during the course of a voyage it is confirmed that the spouse or, in the case of a single person, a parent, has fallen
dangerously ill;
c) if the ship is about to sail into a warlike operations area, in accordance with Article 12 of this Agreement;
d) if the seafarer was employed for a specified voyage on a specified ship, and the voyage is subsequently altered substantially,
either with regard to duration or trading pattern;
e) if the Ship is certified substandard in relation to the applicable provisions of the Safety of Life at Sea Convention (SOLAS) 1974,
the International Convention on Loadlines (LL) 1966, the Standards of Training Certification and Watchkeeping Convention
(STCW) 1978 as amended, the International Convention for the Prevention of the Pollution from Ships 1973, as modified by the
Protocol of 1978 (MARPOL) or substandard in relation to the Marine Labour Convention, Minimum Standards in Merchant Ships
as supplemented by the Protocol of 1996 and remains so for a period of 30 consecutive days unless that adequate living conditions
and provisions are provided on board or ashore. In any event, a Ship shall be regarded as substandard if it is not possession of
the certificates required under either applicable national laws and regulations or international instruments.
f) in the event of shipwreck.
g) in the event of the Company or the Shipowner not being able to continue to fulfill his legal or contractual obligations by reason of
insolvency, sale of ship, change of ship's registration or any other similar reason.
14.4 A seafarer shall be entitled to receive compensation of one months' basic pay on termination of their employment in accordance
with 14.2(a) and (c), 14.3(c), (e), unless the Company offers employment on another vessel owned or managed by the Company,
provided that rank, wages and total duration of the Agreement will not alter.
14.5 It shall not be grounds for termination if, during the period of the Agreement, the Company transfers the seafarer to another ship
in the same rank and wages, terms and conditions. During the transfer the seafarer shall be entitled to receive basic wages.
The Company shall be liable for all costs and subsistence during the transfer.

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REFERENCE NO: 109154/13/1

Article 15: Repatriation


15.1 Repatriation shall take place in such a manner that it takes into account the needs and reasonable requirements for comfort of the
seafarer.
15.2 The Company shall repatriate the seafarer to the country of domicile or any other destination, mutually agreed at the time of
engagement.
15.3 During repatriation the Company shall be liable for the following costs, except the seafarer is in breach of Agreement:
a) payment of basic wages between the time of discharge and the arrival of the seafarer at his place of original engagement;
b) the cost of maintaining the seafarer ashore until repatriation takes place;
c) reasonable personal travel and subsistence costs during the travel period;
d) transport of the seafarer's personal effects up to the amount allowed free of charge by the relevant carrier.
15.4 A seafarer shall be entitled to repatriation at the company's expense on termination of employment as per Article 14 except
where such termination arises under Article 14.2 (b), (d) and 14.3 (a).
Article 16: Misconduct or Incompetence
16.1 A Company may terminate without notice the employment of a seafarer following an act of misconduct such as but not limited to:
a) criminal offence or any other offence against the law
b) embezzlement of ship's property
c) willful damage to the ship's property or to ship's cargo
d) breach of discipline and disobedience
e) smuggling
f) drunkenness on duty or in case it considerably spoils relations between crew members and customary order and discipline of
the Ship
g) grave misconduct
h) possession of narcotics and/or fire arms
i) desertion willful and permanent leaving of the ship or missing the ship due to late return from shore leave
j) possession of any quantity of alcohol unless declared to the Master
k) purchase of any alcohol from ashore without the approval of the Master
l) or incompetence such as but not limited to:
a) breach of Agreement by not following his contractual obligations
b) gross negligence in performing his duties
c) action jeopardizing the safety of the ship and or her cargo
which gives rise to a lawful entitlement to dismissal, provided that the Company shall, where possible, prior to dismissal, give
a written reasoning to the seafarer specifying the misconduct or incompetence which has been the cause of the dismissal.
16.2 In the event of the dismissal of a seafarer in accordance with the Article 16.1, the Company shall be entitled to recover from that
seafarer's balance of wages the costs involved with repatriating the seafarer together with such costs incurred by the Company as
are directly attributable to the seafarer's proven misconduct. Such costs include the costs of providing a replacement for the
dismissed seafarer, as well as any consequential damages and or penalties whatsoever. If the costs exceed the balance of wages,
then the seafarer should pay such costs to the Company.
16.3 For the purpose of this Agreement, refusal by any seafarer to obey an order to sail the ship shall not amount to misconduct of the
seafarer where:
a) the ship is unseaworthy or otherwise substandard as defined in Article 14.3(e);
b) for any reason it would be unlawful for the ship to sail;
Article 17: Medical Attention and Sickness wages
17.1 A seafarer shall be entitled to immediate medical attention when required.
17.2 A seafarer who is hospitalised abroad owing to sickness or injury shall be entitled to medical attention (including hospitalisation) at
the Company's expense for as long as such attention is required.
17.3 A seafarer repatriated unfit as a result of sickness or injury, shall be entitled to medical attention for 120 days after repatriation.
Proof of continued entitlement to medical attention shall be by submission of satisfactory medical reports, endorsed where necessary,
by a Company appointed doctor.
17.4 The Company undertakes to provide insurance cover that the Seafarer receives sickness wages, equal to his basic wages, for 120
days, subject to the submission of satisfactory medical reports, by a Company appointed doctor.
17.5 The Company will provide the Seafarer with ordinary dental treatment in case of acute pain and emergencies.
17.6 If the health condition of the Seafarer, at a written request of the physician, requires professional medical escort during repatriation,
the costs of the escort shall be borne by the Company.
17.7 In case of death, any transportation and burial expenses shall be borne by the Company
Article 18: Maternity
18.1 In the event that a crew member becomes pregnant during the period of employment:
a) the seafarer shall advise the master as soon as the pregnancy is confirmed;
b) the company will repatriate the seafarer as soon as reasonably possible but in no case later than 26th week of pregnancy;
c) the seafarer shall be entitled to one month compensation.

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REFERENCE NO: 109154/13/1

Article 19: Disability


19.1 A seafarer who suffers permanent disability as a result of a work related accident whilst in the employment of the Company regardless
of fault but excluding permanent disability due to willful acts, including accidents occurring while traveling to or from the ship, and
whose ability to work as a seafarer is reduced as a result thereof, shall in addition to sick pay, be entitled to compensation according
to the degree of disability but not exceeding the following:
Officers US$ 240.000,00
Ratings US$ 120.000,00
19.2 The degree of disability suffered by the seafarer shall be determined by a doctor appointed by the Company. If a doctor appointed
by or on behalf of the seafarer disagrees with the assessment, a third doctor may be nominated jointly between the Company and
the seafarer and the decision of this doctor shall be final and binding on both parties.
19.3 Any payment effected under 19.1 above, shall be regarded as final and total settlement of the case.
19.4 Drug and/or alcohol consumption may, at the absolute discretion of the Company, be regarded as willful act and shall discharge the
entitlement for compensation.
Article 20: Loss of Life - Death in Service
20.1 In the case of natural death of the employee whilst in the employment of the Company (period of employment while the seafarer is
on leave or sick leave are excluded from such cover) the next of kin of the deceased will be compensated with an amount of USD
60.000. If a seafarer dies through any work related cause whilst in the employment of the Company and death occurring whilst
traveling to and from the ship, or as a result of marine or other similar peril, but excluding death due to willful acts, the Company
shall pay to the person or body empowered by law or otherwise to administer the estate of the Seafarer as follows:
Officers US$ 120.000,00
Ratings US$ 60.000,00
20.2 Any payment effected under this Article shall be regarded as final and total settlement.
20.3 Drug and/or alcohol consumption may, at the absolute discretion of the Company, be regarded as willful act and shall discharge the
entitlement for compensation.
Article 21: Insurance Cover
21.1 The Company shall conclude appropriate insurance to cover themselves fully against the possible contingencies arising from the
Articles of this Agreement, including the risk of death, as indicated in article 20, missing at sea or permanent disability caused by
accident as indicated in Article 19 and the terms of such insurance policy are governed by the conditions as negotiated and
concluded by the Company and the insurance company.
Article 22: Personal Protective Equipment
22.1 The company shall provide working clothes such as raincoats, rubber boots, working overalls, working gloves etc. as per the
requirements of the ship's trade and in accordance to the rank of each seafarer ( the working cloths remain the property of the
Company).
Article 23: On-board complaints procedure
23.1 The seafarer has the right to launch a complaint about non- compliance with terms and conditions of the Agreement and relating to
any matter that is alleged to constitute a breach of requirements of the Marine Labour Convention 2006 (including seafarer's rights).
23.2 The on-board complaints procedure is attached to this Agreement and shall be explained to the seafarer prior joining the vessel.
Article 24: Equality
24.1 Each seafarer shall be entitled to work, train and live in an environment free from harassment and bullying whether sexually, racially
or otherwise motivated. The Company will regard breaches of this undertaking as a serious act of misconduct on the part of seafarers.
Article 25: Waivers and Assignments
25.1 The Company undertakes not to demand or request any seafarer to enter into any document whereby, by way of waiver or assignment
or otherwise, the seafarer agrees or promises to accept variations to the terms of this Agreement or return to the Company, their
servants or agents any wages or other emoluments due or to become due to the seafarer under this Agreement and the Company
agrees that any such document already in existence shall be null and of no legal effect.
25.2 The seafarer undertakes not to demand or request the Company to change and / or adjust terms and conditions of this Agreement.

Article 26: Social Security Contributions


26.1 The seafarer recognizes and accepts that an amount of money is included within his basic salary with which he undertakes to pay
all social security contributions to the national system.
Article 27: Income Tax
27.1 The Employee is solely responsible to pay his income-tax obligations, if any, to his country of residence and he shall keep the
Company as well as the Owners of the ship in which he has offered his services during the course of this Agreement, harmless from
any claims or liabilities which may arise out of his tax obligations.
Article 28: Disputes and Arbitration
28.1 For any disputes a Seafarer is compelled to approach Company.
28.2 a) This Agreement shall be subject to Cyprus Law and international conventions, treaties and covenants wherein
the Cyprus is a signatory.
b) The Contracting Parties shall discuss and negotiate amicably settlement of any situations and/or differences that may arise.
c) In the event that the Contracting Parties are unable to reach an Agreement, the dispute shall be referred to the Cyprus Courts.
d) Any award rendered by the arbitrators shall be final and binding on the Contracting Parties.

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