Reference no: EM133304307

5 provision in the crew (seafarer) agreement of...

Listed below are 5 provision in the crew (seafarer) agreement of the Shipping Act of 1998.

Question 1: Explain and discuss these 5 provisions in detail and illustrate any principle, law (citing case law or international convention)

Include references

Provisions

1. A seafarer employment agreement (SEA), (formerly crew agreement) shall be executed in the prescribed form and manner and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seafarer signs his name thereon. [117-(1)]
2. The seafarer employment agreement shall state the place at which it is made, the surname and other names of the seafarer, his birthplace, and his age or date of his birth, and shall state clearly the respective rights and obligations of each of the parties, and shall contain in addition thereto the following particulars [117-(2)]-
3. the name of the ship in which the seafarer undertakes ton serve and the name and address of the owner of the ship;
4. either the nature and, as far as is practicable. the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, which shall not exceed twelve months, and the port at which it is intended that the crew shall be discharged, and the places or ports of the world, if any, to which the voyage or engagement is not to extend;
5. the place and date at which each seafarer is to be on board or to begin work;
6. the capacity in which each seafarer is to serve;
7. the amount of wages which each seafarer is to receive and where a formula is applied for the calculation thereof, that formula;
8. the prescribed scale of the provisions which are to be furnished to seamen;
9. the time that is to expire after arrival at the port of discharge before the seafarer is discharged;
10. any rules regarding conduct on board and as to fines and other lawful punishment for misconduct which have been prescribed by the Minister for adoption by parties to a new agreement and which the parties agree to adopt;
11. a list of persons under the age of eighteen years and the dates of their births;
12. the amount of annual paid leave to which each seafarer is entitled, and where a formula is applied for the calculation thereof, that formula;
13. An agreement made to employ a seafarer under this section is terminated by [117-(4)]-
14. the mutual consent or act of the parties thereto;
15. the death or inability of the seafarer to proceed due to illness; and the seafarer will be repatriated in accordance with section 194 at the end of the maximum period;
16. the loss or total unseaworthiness of the ship;
17. the sale of the ship;
18. expiration of time.
19. The master shall make a copy of the seafarers' employment agreement available for inspection upon request by [121-(1)]
20. a seafarer
21. an Inspector; or
22. any person duly authorised, by a competent authority of a member State that is a party to the Maritime Law Convention, to conduct inspections of ships;
23. Every person who fraudulently alters, makes any false entry in or delivers a false copy of any crew agreement is guilty of an offence [121-(4)].