ARTICLE OF AGREEMENT AND ITS NECESSITY

-
ARTICLE OF AGREEMENT:-
Article of agreement is the legal document agreed and signed between owner and or master or its agent  and the seaman who is being employed by the owner.
              As per MS act 1958, The master of every Indian ship except a home trade ship of less than 200 GT, shall enter into a agreement with every seaman whom he engages, in, and carries to sea as one of his crew. An agreement with the crew shall be in the prescribed form and shall be signed by the owner or agent and the master before any seaman signs the same.
                                The agreement with the crew shall contain the following particulars:-
1) The name, of the ship on board which the seaman undertakes to serve.
2) Either the nature and, as far as practicable, the duration of the intended voyage, and the places or parts of the world, if any, to which the voyage or engagement is not to extend.
3) The number and description of the crew of different categories in each department.
4) The time at which each seaman is to be on board or begin work.
5) The capacity in which each seaman is to serve.
6) The amount of wages which each seaman is to receive.
7) A scale of provision which are to be furnished to each seaman.
8) A scale of warm clothing and a scale of extra provision to each seaman in specified cold regions.
9) Any regulation as to conduct on board and as to fines or other lawful punishments for misconduct which is sanctioned by central government and agreed by parties.
10) Payment of compensation for personal injury or death caused by accident arising out of and in course of employment.
11) Stipulations relating to such other matters as may be prescribed.

                     Article of agreement is necessary due to following reasons:-
1) Article of agreement is the legal document which states the employment of a seaman legally.
2) Payment of wages will be as per article of agreement and it can not be less than the amount fixed by central government.
3) In case of any dispute between seaman and owner the article of agreement becomes the legal document and the disputes are settled as per article of agreement. It also states that the disputes will be solved as per which area or place jurisdiction.

Comments

Post a Comment

Popular posts from this blog

CRITICAL EQUIPMENT AND OPERATION UNDER ISM CODE.

-
Critical equipments are equipments whose failure will lead to a potential hazardous situation or an accident, thereby causing injury to personnel or loss of life or damage to marine environment or property. This causes deviation or failure of the ISM objective 1.2.2 of ISM code. PROVISION IN ISM :- Element 10.3 of ISM code states----      The company should establish procedures in its safety management system to identify equipment and technical system, the sudden operational failure of which may result in hazardous situation. The SMS should provide for specific measures aimed at promoting the reliability of such equipment or systems. These measures should include the regular testing of standby arrangement or equipment or technical systems that are not in continuous use.      Hence SMS must have with respect to the critical equipment have procedures:- 1) To identify them 2) To ensure their test and functional reliability 3) To establish and use the alternative arrangements on
Read more

Various codes of PSC inspection and how to present to PSCO in case IOPP equipment is not working

-
Following are the various codes which are used to represent Action to be taken by vessel against the deficiency reported:- Deficiency Action Codes 10 deficiency rectified 15 rectify deficiency at next port 16 rectify deficiency within 14 days 17 rectify deficiency before departure 18 rectify deficiency within 3 months  30 detainable deficiency 99 other (specify) Note: For ISM deficiencies, only code 10, 18 and 30 can be used. Restrictions on Updating Codes Both codes 15 and 16 can only be updated to code 10. Code 17 can only be updated to code 10, 15, 16 and 99. Code 18 can only be updated to code 10. Code 30 can only be updated to: - code 10 or 18 (ISM def.) - code 10 or 99 (non - ISM def.) Code 18 can only be updated to code 10. We will discuss one case where 15 ppm equipment has started malfunctioning just before the arrival of the port. After investigating it was found that the  coalescer filter has become very dirty and because of this th
Read more

CLEAR GROUND FOR DETAILED INSPECTION DURING PSC INSPECTION

-
CLEAR GROUNDS:- Evidence that the ship, its equipment or its crew does not correspond substantially with requirement of relevant convention or that the master or crew members are not familiar with essential shipboard procedures relating to the safety of ship or prevention of pollution.     Clear grounds to conduct a more detailed inspection include:- 1) The absence of principal equipment or arrangements required by convention :- e.g. MARPOL annex 1 requires that ship above 400 GRT and above must have an OWS with automatically stopping device, if effluent exceeds 15 ppm. Absence of this principal equipment will lead to detention. 2) Evidence from a review of the ship's certificate that it is clearly invalid: - e.g. Safety equipment certificate found invalid since no renewal survey was carried out. 3) Evidence that the ship's logs, manuals or other required documentation are not on board, are not maintained or falsely maintained:- e.g. ORB part 1 not present on board or in
Read more