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NATIONAL COLLECTIVE AGREEMENT

FOR CROATIAN SEAFARERS


ON BOARD SHIPS IN THE INTERNATIONAL
SHIPPING TRADE

{2013 -2015)

Zagreb, 201h June 2013


National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

TABLE OF CONTENTS

Article Page

Article 1. Definitions .............................................................................................................................. .. 3


Article 2. Application ............................................................................................................................... 4
Article 3. Employment............................................................................................................................. 4
Article 4. Non-Seafarers' Work............................................................................................................... . 5
Article 5. Compensation for Supplementary Work................................................................................. 6
Article 6. Duration of Employment......................................................................................................... . 6
Article 7. Hours of Duty........................................................................................................................... 6
Article 8. Overtime................................................................................................................................. . 6
Article 9. Public Holidays ....................................................................................................................... .. 7
Article 10. Rest Periods............................................................................................................................ .. 7
Article 11. Wages ...................................................................................................................................... . 8
Article 12. Allotments ................................................................................................................................ 8
Article 13. Paid Leave ............................................................................................................................... . 9
Article 14. Watch-keeping ........................................................................................................................ . 9
Article 15. Manning.................................................................................................................................. . 9
Article 16. Shorthand Manning.................................................................................................................. 10
Article 17. Service in Warlike Operations Area/High Risk Areas ............................................................... 10
Article 18. Crew's Effects ........................................................................................................................... 11
Article 19. Termination of Employment ................................................................................................... . 11
Article 20. Repatriation .............................................................................................................................. 12
Article 21. Contribution for Mandatory Insurance of the Seafarer......................................................... .. 13
Article 22. Medical Attention of the Seafarer ............................................................................................ 13
Article 23. Sick Pay.................................................................................................................................... . 14
Article 24. Maternity................................................................................................................................ . 14
Article 25. Disability.................................................................................................................................. . 14
Article 26. Loss of life/Death in Service.................................................................................................... . 15
Article 27. Insurance Cover....................................................................................................................... . 16
Article 28. Food, Accommodation, Bedding, Amenities, etc.................................................................... . 16
Article 29. Personal Protective Equipment.............................................................................................. .. 16
Article 30. Shipboard Safety Committee ................................................................................................. .. 17
Article 31. Communication and Information of the Crew......................................................................... 18
Article 32. Membership Fees, Welfare Fund ............................................................................................. 18
Article 33. Equality.................................................................................................................................... . 18
Article 34. Waivers.................................................................................................................................... . 18
Article 35. Breach of Provisions................................................................................................................ . 18
Article 36. Amendments ............................................................................................................................ 18
Article 37. Duration of Collective Agreement ............................................................................................ 19
Article 38. Supervision of Application ........................................................................................................ 19
Article 39. On-board Compliant Procedures.............................................................................................. 19
Article 40. Governing Law and Court Jurisdiction .................................................................................... .. 19
Article 41. Registration and Approval ........................................................................................................ 21
Artic le 42. Application to Employment Agreements ................................................................................ . 21
Article 43. Validity of the Agreement ....................................................................................................... . 21

Annexes

General Annex 1. National Holidays.................................................................................................................... . 22


General Annex 2. Schedule of cash Benefits....................................................................................................... . 23
General Annex 3. Disability Compensation Scale ................................................................................................ . 25
General Annex 4. Employment Agreement .......................................................................................................... 34

Special Annex 1. List of Vessels


Special Annex 2. Wage List
Special Annex 3. Duration of Employment- Rotation
Special Annex 4. Manning
Special Annex 5. Contribution to Health Insurance and Pension Fund

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

NATIONAL COLLECTIVE AGREEMENT FOR CROATIAN SEAFARERS ON BOARD


SHIPS IN THE INTERNATIONAL SHIPPING TRADE
(2013-2015)

National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping
Trade, hereinafter referred to as Collective Agreement, entered into on 201h June 2013, applied from
1st July 2013 .

between

, MARE NOSTRUM", CROATIAN SHIPOWNERS' ASSOCIATION IN THE INTERNATIONAL SHIPPING


TRADE, whose address is Avenija V. Holjevca 20, 10000 Zagreb, Croatia, hereinafter referred to as the
Association

and

SEAFARERS' UNION OF CROATIA (SUC), member of the International Transport Workers' Federation
{ITF), Head-office address is Kresimirova 4/11, Rijeka, Croatia, hereinafter referred as the Union

Definitions
Article 1

1. For the purpose of this Agreement, the following terms shall denote:

a) M LC - Maritime Labour Convention adopted by the General conference on the International


M aritime Orga nisation on 23rd February 2006;
b) Collective Agreement - meaning the agreement defined by the above mentioned heading,
contracting parties and date;
c) ITF Special Agreement - means the agreement concluded by the ITF (49-60 Borough Road,
London, UK) and a Member/Employer;
d) Employment Agreement- means the employment agreement concluded between a Employer
and a Seafarer on the basis of this Collective Agreement;
e) General Annex- means the annex to the Collective Agreement binding all the Members and all
the Employers signatories to this Agreement;
f) Special Annex - means the annex to the Collective Agreement which is mandatory solely for the
Member and the Employer signatory to the Special Agreement;
g) Seafa rer- means any person employed or hired or worki ng wit h any qualification aboa rd the
ship, which is MLC 2006 applicable;
h) Member- means any member of the Association which has signed the Collective Agreement for
the vessels listed in Special Annex 1- List of Vessels;
i) Shipowner - means owner of the ship or another organization or person, such as the manager,
agent or bareboat charterer who has assumed responsibility for the operatio n of the ship from
the owner and who, on assuming such responsibility, has agreed to take over duties and
responsibilities imposed on shipowners in accordance with MLC, regardless of whether any other
organization or persons fulfil certain of the duties or responsibilities on behalf of the
shipowner;
j) Employer - mea ns the person having concluded an Employment Agreement with the Seafare r;
k) Ship - means any vessel owned by a particular Member and Employer, included in the List of
Vessels contained in Specia l Annex (1);
I) Minimum Consolidated Wage - means wage based on the total of regular working hours,
guaranteed overtime work and paid leave;

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National Collective Agreement for Croatian Seafarers on Board Ships in t he International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in t he International Shipping Trade (2013-2015)

2. The terms used in singular shall be interpreted in plural and vice versa, in accordance with the
requirements of the context.

3. Words in the masculine gender shall include the feminine and vice versa.

Application
Article 2

1. Collective Agreement is applicable to all Seafarers of Croatian nationality serving on board Ships
engaged in the international trade, regardless of the type of the Employment Agreement, the Ship
Register and the ownership over the vessel.

2. Provisions of the Collective Agreement, concerning Seafarers' rights, shall apply as genera l provisions
to individual agreements concluded between the Employer and Seafarers. In case of any disputes
arising from discrepancies between the provisions of general and individual Employment
Agreements, the provisions more beneficiary to the Seafarer shall have priority. Provisions of the
Collective Agreement shall also apply where individual agreement has not been concluded in writing.

3. This Collective Agreement is agreed wit h the MLC Provisions.

4. In case of renewals or joining to the Collective Agreement or proposals for including a particula r Ship
into the Collective Agreement, the signatories need to agree weather to classify such vessel into the
international shipping trade until the expiry of the Collective Agreement. In such case the Ship shall
be included in the Collective Agreement.

5. An Employer may be a party to this Collective Agreement, regardless of its membership in the
Association or its place of business.

6. Collective Agreement shall be in Croatian and English language, and shall be available aboard the
Ship to the Seafarer, legal authorities, Union representatives and ITF unions' representatives in the
Ports of call.

Employment
Article 3

1. The Employer shall be entitled to require additional medical examination for any Seafarer, at the
Employer's expense by the Employer- nominated doctor, and Seafarer is obliged to answer any
inquiry regarding his medical state. Failure to do so may affect the Seafarer's entitlement to
compensation as per Articles 22., 23., 24., 25 and 26. Seafarer shall be entitled to receive a copy of
the medical certificate issued in respect of such an examination.

2. Shipowner who is the direct Employer or uses Seafarer' s recruitment and placement services, as far
as practicable, shall ensure that the regulations of the MLC are met. This includes requirement s that
no fees or visa costs are borne directly or indirectly, in whole or in part by the Seafarers, for finding
employment; Seafarer is entitled to inspect his Employment Agreement and to seek advice before
engagement as well as assignment aboard the Ship.

3. Seafarer shall enter the employment by signing the Employment Agreement in writing, which
includes the standard terms and conditions, concerning the rights and obligations of the employment
in accordance with the Regulation 2.1- Seafarers' employment agreement of the MLC. Each Seafarer
signs the Employment Agreement which is least compatible as st ated in the General Annex (4).

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National Collective Agreement for Croa tian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

4. The provisions regarding standard terms and conditions concerning the rights and obligations of
Seafarers and Employer set out in the Collective Agreement shall be considered an integral part of
the Employment Agreement. Provisions of the Employment Agreement colliding with the Collective
Agreement shall be considered null and void.

5. An Employment Agreement is concluded for:

a) An indefinite period; or
b) Period defined in the Special Annex (3), not longer than the period of 6 months, which can be
reduced to 5 months or extended to 7 months in the Employer's option, depending on the
operational requirements, crew replacement policy or other reasonable circumstances, except if
otherwise provided for in special cases in Special Annex (3); or
c) One or more voyages which may not exceed 7 months altogether.

6. An Employment Agreement shall include the following provisions:

a) The Seafarer's first and last name, address of the permanent residence, place and date of birth,
passport number, Seaman's Book number, and place and date of his health certificate last issued;
b) The Employer's and manager's name and place of business, their respective phone, fax and
telephone numbers and e-mails;
c) Date and place of the Employment Agreement;
d) Name of the Ship to be joined, Ship IMO number, its Port of Registry and Flag;
e) Employment rank aboard the Ship;
f) Wage and other pay-related benefits;
g) Paid leave duration;
h) Duration of Employment, including its conditions;
i) Right to terminate the Employment Agreement;
j) Social and Health security entitlements provided by the Shipowner for the Seafarer;
k) Seafarer's right to repatriation;
I) Referring to Collective Agreement;
m) Seafarer's and Employer's signatures;

7. Employment Agreement must be available at request for legal authorities, Union representatives and
ITF Unions representatives in Ports of call.

Non-Seafarers' Work
Article 4

1. No Ship's crew shall be required or induced by the Employer to carry out cargo handling and other
work traditionally or historically done by dockers without prior agreement with the concerned
Dockers' Trade Union - ITF affiliate - and provided that Seafarers individually volunteer to carry out
such duties, for which they shall be compensated as per Clause 3 of this Article.

2. Where a vessel is in a port where an official trade dispute involving an ITF-affiliated dock workers'
union is taking place, neither ship's crew nor anyone else on board whether in permanent or
temporary employment by the Company shall undertake cargo handling and other work, traditionally
and historically done by members of that union which would affect the resolution of such a dispute.
The Company will not take any punitive measures against any seafarer who respects such
dockworkers' trade dispute and any such lawful act by the Seafarer shall not be treated as any
breach of the Seafarer's Employment Agreement of employment, provided that this act is lawful
within the country it is taken.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

3. If the work specified in Clause 1. of this Article is performed:

a) During the regular working hours, a Seafa rer shall be entitled to a compensation as specified in
Special Annex (2) for each worked hour or a part of an hour, beside his basic wage;
b) Outside t he regular working hours, a Seafarer shall be compensated double the rate specified in
Special Annex (2) for ~ach worked hou r or a part of an hour, beside his basic wage.

Compensation for Supplementary Work


Article 5

1. The crew may perform the work not traditionally done by the Seafarers but by independent
Employment Agreement or such as shipyards, ship services, etc.

2. A crew member involved in such work shall enter a written agreement with the Employer, which
sha ll include the compensation and the period of performance.

Duration of Employment
Article 6

1. As from the date a Seafarer commences his trip to join the Ship until joining the Ship, he shall be
entitled to his pro rata basic wages and his daily travelling allowance in accordance with General
Annex (2).

2. If a Seafarer joins the Ship after a long trip, regardless of its means of transportation, including
waiting hours at the airports and transfers, Employer sha ll take into account that the Seafarer takes
over its ship duties rested, in given circumstances.

3. A Seafarer shall be engaged for a period not exceeding 9 months out of any 12 months, depending on
trade requirements, trading routes and type of the Ship, in accordance with Specia l Annex (3).

4. A Seafarer shall be signed off in accordance with this Article and Special Annex (3) as well as the
Employment Agreement, upon Ship's first arrival at port.

5. In case of the Employer' failure to respect the provisions of Clauses 3. and 4. hereof, the Seafarer
shall be entitled, beside his regular wages, to a monthly benefit equalling his basic wage for the
whole period of his service aboard the Ship exceeding the agreed period.

Hours of Duty
Article 7

1. The ordinary hours of duty for all Seafarers shall b~ 8 hours per day, Monday to Friday, both
inclusive, which makes the total of 40 hours per week or 173 hours' monthly average.

Overtime
Article 8

1. Any hour of duty performed in excess of 8 hours shall be paid as overtime, which rate shall be 1.25 of
the basic hourly rate for each rank on board and weekday hourly rate.

2. Not less than 103 hours guaranteed weekday overtime shall be paid monthly to each Seafarer as
st ipulated in Special Annex (2).

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

3. Overtime should be recorded individually and in duplicate either by the Master or the head of the
department.

4. Such record shall be handed to the Seafarer for approval every fortnight or shorter intervals. Both
copies must be signed by the Master and/or the Head of the department, as well as by the Seafarer,
after which the record is f!nal. One copy shall be handed over to the Seafarer.

5. There shall be no overtime payments for hours worked during an emergency affecting directly the
immediate safety of the Ship, her passengers and crew, of which the Master shall be the sole judge,
or for the safety boat drill, or work required for assistance to other Ships or persons in immediate
peril, or fire drill or any drill provided for by ISM Code, SMS Regulations, ISPS Regulation and other
exercises specified in the SOLAS Convention.

Public Holidays
Article 9

1. For the Ships manned mostly or fully with Croatian crews, days determined in accordance with
General Annex (1), shall be recognized as Public Holidays on the sea and in port.

2. Any work on a Public Holiday shall be acknowledged and stipulated as specified in Special Annex (2),
not less than the overtime hourly rate.

Rest Periods
Article 10

1. Each Seafarer shall have minimum of 10 hours' rest in any 24 hours' period and 77 hours' rest in any
7 days' period.

2. The 24 hours' period shall begin at the time a Seafarer starts work immediately after having had at
least 6 consecutive hours off duty.

3. The hours of rest may be divided into no more than 2 periods, one of which shall be at least 6
consecutive hours in length, and the internal between the hours of rest shall not exceed 14 hours.

4. Employer shall post an easily accessible place for the working time schedule aboard the ship an in the
ports related to ship route, to be posted, including the minimum rest hours for each position on
board, in Croatian and English language.

5. Nothing in this Article shall be deemed to impair the right of Master of the Ship to require a Seafarer
to perform any hours of work necessary for the immediate safety of Ship, persons on board or cargo,
or for the purpose of giving assistance to other ships or persons at a distress at sea. In such
situations, the master may suspend the schedule of hours of work or hours of rest and require the
Seafarer to perform any hours of work necessary until the normal situation has been restored. As
soon as practicable after the normal situation has been restored, the Master shall ensure that any
Seafarers who had performed the work in scheduled rest period are provided with adequate period
of rest.

6. A short break of less than 30 minutes will not be considered as a period of rest.

7. Emergency, fire and safety boat drills or drills required by Croatian legislation as well as those
required by international rules, shall be conducted according to Master's demands and in such a
manner as to minimize the disturbance of rest periods and not to induce fatigue.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

8. The allocation of periods of responsibility on UMS Ships, where a continuous watch-keeping in the
engine room is not carried out, shall also be conducted in such a manner as to minimize the
disturbance of rest periods and not to induce fatigue and an adequate compensatory rest period
shall be given if the normal period of rest is disturbed by call-outs.

9. Records of Seafarer's rest hours shall be maintained in order to enable monitoring compliance with
this Article.

Wages
Article 11

1. The total wage for each Seafarer on board Ships in international shipping trade shall be agreed and
calculated in accordance with Collective Agreement and Minimum Consolidated Wage for the Able
Seaman who has certificate of competency in accordance with STCW, in line with wage scale valid ITF
Uniform TCC Collective Agreement for Crews on Flag of Convenience Ships, for all crew members on
all types of vessels over 3,000 GT and/or with the engine over 3,000 kW propulsion power. Where
Ships below 3,000 GT and or 3,000 kW are involved, each crew member's wage shall be agreed and
calculated on the basis of the minimum consolidated wage for an Able Seaman and shall not fall
below the minimum basic wage, according to the Resolution of the International Labour Organisation
(ILO), dating gth May 2012, and interpreted jointly by the International Transport Workers'
Federation (ITF) and the International Shipping Federation (ISF).

2. Seafarer's wage shall be determined in accordance with the scale comprised in Special Annex (2) and
the respective provisions of the Collective Agreement.

3. Seafarer's wage shall be paid after performed work. If not otherwise provided in Special Annex (2),
wages and compensations for the previous month shall be due and payable no later than the last day
of the next month, directly to the Seafarer's bank account in the currency specified in Special Annex
(2), and the same is delivered to the Employer, after deductions specified in Special Annex (2), since
allowed means of payment of wages by the balance equalization toward the Seafarer. Seafarer may
instruct the Employer to make partial payment of his wages to the Seafarer's bank account and the
rest of it to keep for the interest of the Seafarer and make payment, when he requires.

4. Employer shall deliver wages accounting to the Seafarer by the end of the month for the previous
month.

5. Once per month, including the boarding month, Seafarer is allowed to demand cash advance
payment.

6. For the purpose of calculating wages, compensation and additional benefits, in accordance with the
Employment Agreement or/and Collective Agreement .or/and other provisions, which are directly or
indirectly paid for the performed work by the Employer, a calendar month shall be regarded as 30
days.

Allotments
Article 12

1. Each Seafarer to whom this Collective Agreement applies shall be allowed to an allotment note,
payable in monthly intervals, of up to 80% of his monthly basic wage.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Paid l eave
Article 13

1. Any Seafarer is entitled to paid leave according to the Regulation 2.4 - Entitlement to leave of the
MLC.

2. Any Seafarer to whom Collective Agreement applies shall, when signing off for whatsoever reason,
be entitled to payment of 6 days' leave for each completed month of service. For shorter periods of
15 days or less, any Seafarer shall be entitled to 3 days' pa id leave. For the periods of more than 15
but less than 30 days, a Seafarer shall receive 6 days' paid leave.

3. Duration of employment shall count from the time a Seafarer was originally employed, whether he
has signed the Employment Agreement or not, and shall continue until his signing off the Ship.

4. The monthly payment for leave shall be made at the rate specified in the attached wage scale
contained in Special Annex (2).

5. The following sha ll not be regarded as part of a paid leave:

a) Public holidays, regardless if they occur during the paid leave;


b) Period of incompetence for work as a result of a disease, injury or maternity; and
c) Short-time shore leave allowed by the Employment Agreement.

6. The leave shall be taken during the period of engagement only if the Seafarer so desires, provided
that the operation of the Ship is not unreasonably affected. For any leave entitlement remaining at
the t ime his employment is terminated, the Seafarer shall be compensated for in cash at the daily
rate specified in the attached wage scale contained in Special Annex (2).

Watch-keeping
Article 14

1. Watch-keeping at sea, on anchorage and, where deemed necessary, at ports, shall be organized on a
t hree-watch basis.

2. It shall be at the discretion of the Master to nominate the Seafarers for the watch-keeping and those,
if any, for the day work.

3. While the watch-keeping at sea, the officer of the navigational watch shall be assisted by a posted
lookout during the hours of darkness and as required by the Croatian and internat ional rules and
regulations, and, in addition whenever deemed necessary by the Master or officer of the navigational
watch.

4. The Master and Chief Engineer shall not be required to stand watches, excluding the Ships in the off-
shore industry.

Manning
Article 15

1. The Sh ip shall be competently and adequately manned so as to ensure at any time her safe operation
and the maintenance of a three-watch system.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

2. Pursuant to Clause 1. hereof and the objective circumstances, the Employer and the Union shall
agree upon the final number and structure of the crew, which shall be laid down in Special Annex {4),
in accordance with the Regulation 2.7- Manning levels for the ship of the MLC.

3. The agreed manning shall not include any temporary or riding squad workers. However, in certain
circumstances, Employer ~nd the Union can agree that for a limited period temporary riding squads
may be used on board subject to the following principles:

a) Persons engaged for security purposes should not undertake other Seafarer's duties;
b) Only specific tasks authorizes by the master can be carried out by the riding squads;
c) Classification societies are to be informed on any survey or structural work which must be carried
out in compliance with !SACS UR Z13; and
d) Riding squads shall not be used as a replacement for Ship crew or any other deduction of rights
specified in the Collective Agreement.

Shorthand Manning
Article 16

1. Where the complement falls short of the agreed manning, for whatever reasons, the basic wages of
the shortage category shall be paid to the affected members of the department concerned. Such
shortage, however, shall be made up before the Ship's departure from the first suitable port of ca ll.

2. This provision shall not influence overtime wages according to the Article 8.

Service in Warlike Operations Area/High Risk Areas


Article 17

1. During the assignment, a Seafarer shall be given full information of the warlike operations area/high
risk area's inclusion in the Ship's trading pattern.

2. Where a Ship enters into a warlike and/or high risk area:

a) A Seafarer shall have the right not to proceed to such area; he shall have the right to be
repatriated at Employer's cost with benefits accrued until the date of his return.
b) A Seafarer shall be paid a bonus equalling double the basic wage for the duration of the Ship's
stay in such an area subject to a minimum of 5 days' pay.
c) The compensation shall be doubled if death or disability is caused in warlike and/or high risk
operations areas.

3. In case the Seafarer may become captive or otherwise prevented from the sailing as a result of an act
of piracy or hijacking, irrespective whether such act ~akes place within or outside ITF designated
areas referred to in this Article, the Seafarer's employment status and entitlements under this
Agreement shall continue until the Seafarer's release and thereafter until the Seafarer is safely
repatriated to his home or place of engagement or until all Employer's contractual liabilities end.
These continued entitlements shall, in particular, include payment of full wages and other
contractual benefits. The Employer shall also make every effort to provide captured Seafarers, with
extra protection,food, welfare, medical and other assistance as necessary.

4. The warlike and/or high risk operations area is:

a) Areas excluded from the regular war risk insurance by the Joint War Committee;
b) Areas subject to the additional war risk premium of at least 0.25%.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

5. Contractual parties shall, occasionally, amend official procurable information on the warlike
operations areas, following the publication of JWC, and shall identify it for the purpose of this
Collective Agreement.

Crew's Effects
Article 18

1. When a Seafarer suffers a total or partial loss of or damage to, his personal effects, due to whatever
cause excluding his fault, either whilst serving on board the Ship or travelling to and from the Ship,
he shall be entitled to compensation from the Employer up to the maximum specified in the General
Annex (2).

2. The Seafarer shall certify that any information provided with regard to the property lost is true to the
best of his knowledge.

3. A Seafarer's personal effects are those used by him during the time on board and during his travelling
from the address of the permanent residence to the Ship and from the Ship to his address of the
permanent residence.

4. The Employer shall take measures for safeguarding property left on board by sick, injured or
deceased Seafarers and for returning it to them or to their next of kin.

Termination of Employment
Article 19

1. The Employment shall be terminated:

a) Upon the expiry of the concluded Employment Agreement in accordance with Article 3. ;
b) When signing off owing to sickness or injury, after medical examination, in accordance with
Article 23.

2. A Seafarer to whom this Collective Agreement applies, may terminate his employment or demand to
be signed off from the Employer:

a) By giving one month's written notice of termination of employment or signing off, to the
Employer or to the Master, in the presence of two witnesses;
b) When during the course of voyage it is confirmed that the spouse or, in the case of single person,
a parent, fall in dangerously ill. This provision shall also be applied with regard to the Seafarer's
partner, provided that this partner has been nominated by the Seafarer at the time of concluding
Employment Agreement, as the Seafarer next of kin.
c) If the Seafarer was employed for a specific v~yage on specific ship, and the voyage is
subsequently altered, substantially either with rega rd to its duration or trading pattern;
d) If the Ship is about to sail into a warlike and/or high risk area, in accordance with Article 17. of
this Collective Agreement;
e) If the Ship is certified substandard in relation to the provisions of the Safety of Life at Sea
Convention (SOLAS) 1974, the International Convention on Load lines (LL) 1966, the Standards of
Trainir:~g, Certification and Watch-keeping Convention(STCW) 1978, the International Convention
for the Prevention of Pollution from ships 1973, as modified by the Protocol of 1978 (MARPOL)
or substandard in relation to the ILO Convention No. 147, 1976, Minimum Standards in Merchant
Ships, as supplemented by the Protocol of 1996. In any event, a Ship shall be regarded as
substandard if she is not in possession of the certificates required either under the applicable
Croatian laws and international regulations.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers o n Board Ships In the International Shipping Trade (2013 -2015)

f) If the Ship has been arrested and has remained under arrest for 30 days;
g) If after any agreed grievance procedure has been invoked, the Employer has not complied with
the terms of this Collective Agreement.

3. The Employer may terminate the employment of a Seafarer:

a) By giving one month's written notice to the Seafarer in the presence of two witnesses;
b) 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;
c) Upon the Seafarer's misconduct. For the purpose of this Collective Agreement as misconduct is
regarded especially; leaving the Ship without permit, smuggling, unlawful possession of alcohol,
weapons, drugs and articles known as prohibited, not honouring the Employer's policy on drug
and alcohol abuse, and the policy on security and quality of work, non- performance or poor
performance of work, bad behaviour toward the other crew members, stealing etc.
Employer shall give a written notice of dismissal to the Seafarer, in person or via Master, due to
Seafarer's misconduct. In the event that such notice is not given, except in case the Seafarer
obstructs the committal or refuses to sign the written notice, termination of Employment
Agreement is not valid, and thus the Seafarer shall be entitled to damages in respect of the non-
expired term of his employment;
d) Upon the Seafarer's inability to perform the works and duties entrusted to him competently and
properly. The evaluation of such inability supported with a due examination shall be made in
writing by the Master and submitted to the Employer and the Seafarer, whilst submitting the
written notice.
Instead of terminating the employment of the Seafarer, the Employer may offer the Seafarer
other works and duties he is capable to perform successfully and for which he is authorized
according to the Employer's opinion. In case the Seafarer accepts such an offer, a new
Employment Agreement shall be entered.

4. A Seafarer shall be entitled to receive compensation of two months' basic pay on termination of
Employment Agreement in accordance with Clause 2. (c), (d), (e) and (f) and Clause 3. (a) and (b) of
this Article .

5. For the purpose of this Collective Agreement, refusal by any Seafarer to obey the order to sail the
Ship shall not amount to misconduct of the Seafarer in cases where :

a) The Ship is unseaworthy or otherwise substandard as defined in Clause 2. (e) of this Article;
b) For any reason it would be unlawful for the Ship to sail;
c) The Seafarer has a genuine grievance against the Employer in relation to the implementation of
this Collective Agreement or Employment Agreement;
d) The Seafarer refuses to sail into a warlike and/or high risk area as stipulated in Article 17. of this
Collective Agreement.

Repatriation
Article 20

1. Repatriation shall take place in such a manner that it takes into account the needs and reasonable
requirements for comfort of the Seafarer, in accordance with the Regulation 2.5- Repatriation of the
MLC. The Employer shall be liable for the cost of maintaining the Seafarer ashore until his
repatriation is completed.

2. A Seafarer shall be entitled to repatriation at the Employer's expense, including basic wages as
stipulated in Special Annex (2) and the daily travelling allowance either to his address of his

12
National Collective Agreement for Croatia n Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

permanent residence or the place of his original engagement at the Seafarer's option, under the
following circumstances:

a) After the expiry of the agreed period of service on board, always subject to the provisions of
Article 6. of this Collective Agreement and Special Annex {3); or
b) Upon the Employer's decision, in accordance with Clause 3. of Article 19; or
c) Upon the Seafarer's decision on justified grounds in accordance with Clause 2. of Article 19,
especially:

i. Sickness, injury or other medical state which requires his immediate repatriation, after
establishing he is medically stabile for the trip;
ii. Upon the loss, lay-up or sale of the Ship;
iii. In case of shipwreck;
iv. When the Ship is under arrest, whether by a Seafarer' initiative or not, provided the Ship
has remained under arrest for more than 30 days;
v. If the Employer has not complied with the provisions of the Collective Agreement;
vi. When the Ship is to sail into a warlike and/or high risk area, without the Seafarer's
compliance in accordance to Clause 2. of Article 17;
vii. If Seafarer's spouse or his parents in case he is single, fall seriously ill while Seafarer is
aboard, Employer shall spare no effort to return the Seafarer is safely returned to the
address of his permanent residence.

3. In case of Seafarer's misconduct or serious breach of Employment Agreement, Employer shall be


liable for the cost of repatriation, including the possibility to reimburse the cost of repatriation
altogether with the rest of the expenses from his wages' remnant.

Contribution for Mandatory Insurance of the Seafarer


Article 21

1. Special Annex (5) to this Collective Agreement enables contract parties to negotiate the percentage
to be compensated by the Employer for the Seafarer's mandatory insurance expenses. Contract
parties are to be governed by the Regulation 4.5- Social Security of the MLC.

Medical Attention of the Seafarer


Article 22

1. A Seafarer who is signed off abroad owing to sickness or injury shall be entitled to medical attention,
including hospitalisation, at the Employer's expense.
2. In case the Seafarer cannot return to the vessel he has signed off due to sickness or injury, the
Employer shall make all arrangements and payments for repatriation of the Seafarer.

3. The Employer shall be liable to pay medical expenses abroad until the Seafarer has been declared fit
for duty or until his return to Croatia, whichever happens first.

4. The Employer shall pay medical expenses due to sickness of the Seafarer after his repatriation for the
whole period until the Seafarer has been declared fit for duty, but no longer than 120 days from his
repatriation, provided he is not covered by national health insurance scheme.

5. Medical expenses due to injury at work after repatriation shall be paid by the Employer up to the
utmost possible degree of medical recovery or until he is certified with a certain degree permanent
disability, if not covered by health insurance.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Sick Pay
Article 23

1. In case of sickness, Seafarer shall be entitled to sick pay equivalent to his basic wage while he
remains sick, i.e. up to the maximum of 120 days after repatriation.

2. If during period specified in Clause 1. of this Article the Seafarer becomes entitled to the
compensation through his health insurance, which is less than his basic wage, the Employer shall pay
to the Seafarer the difference between his basic wage and health insurance compensation, provided
the Employer has paid or refunded the Seafarer's health insurance contributions in full.

3. In case of injury at work where the Employer cannot prove that the injury was caused by the
Seafarer's wilful act, the Employer shall pay to the Seafarer a sick pay in the amount of his basic
wage, up to the level of medical improvement which permits the Seafarer to take over his duty on
board the vessel equivalent to the one he was performing before the injury or until the Seafarer is
declared permanently disable for sea service, thus the medical improvement is impossible.

4. The Seafarer's continued entitlement to sick pay shall be proved by medical reports, endorsed,
where necessary, by the Employer appointed doctor. If a doctor appointed by or on behalf of the
Seafarer disagrees with the assessment, a third doctor may be nominated jointly between the
Employer and the Seafarer and the decision ofthis doctor shall be final and binding on both parties.

Maternity
Article 24

1. In the event that a Seafarer becomes pregnant during the Employment Agreement:

a) The Employer shall be advised as soon as the pregnancy has been confirmed;
b) The Employer will repatriate the Seafarer as soon as reasonably possible but in no case later than
the 261h week of pregnancy;
c) The Seafarer is entitled to 4 months basic wage compensation;
d) The Seafarer shall be given priority in filling a suitable vacancy in the same or equivalent position
within three years following the birth of a child.

Disability
Article 25

1. A Seafarer who suffers a certain degree disability as specified in General Annex (3), as a result of an
accident whilst in the employment, including accidents while travelling to or from the Ship, the
Employer shall pay to the Seafarer the compensation specified in Special Annex (2). Difference
between the disability level and degree specified in Gen~ral Annex (2), including disability degree less
than 10%, is calculated pro rata.

2. The Employer shall not pay the compensation from Clause 1. of this Article if he can prove that:

a) The disability was caused by the Seafarer's wilful act;


b) The d~sability was the result of the alcohol and/or drug abuse;
c) The Seafarer has prevented taking evidence of alcohol and/or drug abuse;
d) The disability happened as the result of the illness the Seafarer failed to report upon his medical
examination prior to joining the Ship.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

3. The disability suffered by the Seafarer shall be determined by a doctor appointed by the Employer. If
a doctor appointed by or on behalf of the Seafarer disagrees with the assessment, a third doctor may
be nominated jointly between the Employer and the Seafarer and t he decision of this doctor shall be
final and binding on both parties.

4. A Seafarer, who has been certified as permanently unfit for further sea service in any capacity i.e. has
suffered loss of profession or rank, shall be entitled to a 100% compensation in accordance with
Genera l Annex (2) of this Collective Agreement, regardless of the disabilit y level.

5. For the purpose of this article, loss of profession shall mean such physical condition which prevents
the Seafarer from further sea service, under the applicable Croatian and international standards,
and/or the condition making it otherwise clear that the Seafarer is unfit for any comparable
employment on board.

6. Employer shall pay compensation specified in Clause 1. and 4. as soon as the Seafa rer submits
request, and after he gathers all necessary documents, which confirm that all conditions indisputable
to the Employer for the agreed payment, are met. During the decision-making, Employer shall not
demand payment to be lesser than agreed amount. When the nature of personal injury makes it
difficult for the Shipowner to make a full payment of the claim, consideration to be given to the
payment of an interim amount so as to avoid undue hardship.

7. Any payments effected under Clause 1. and 4. shall be without prejudice to any Seafarer's claim for
compensation payment against the Employer due to injury.

8. All compensations effected in accordance with Clause 1. and 4. of this article shall be deducted from
the remuneration against any court proceedings in accordance with the claim mentioned in Clause 7.
or determined by a court or out-of-court settlement.

Loss of Life/ Death in Service


Article 26

1. If during his Employment Agreement, a Seafarer suffers an accident resulting in his death or natural
caused death, including travelling to and from the vessel, the Employer shall pay the sum specified in
General Annex (2) of this Collective Agreement to the Seafarer's appointed beneficiary, as stated in
the Employment Agreement. If the Seafarer shall leave no nominated beneficiary, the
aforementioned sum shall be paid to the spouse; if there is no spouse, the sum shall be divided in
equal portions among the Seafarer's children regardless of their age; if there are no children, the sum
shall be paid to the Seafarer's parents. If there are no parents either, the aforementioned sum shall
not be paid at all.

2. The Employer shall not be required to pay the compen~ation from Clause 1. of this Article if he can
prove that:

a) The death was caused by the Seafarer's wilful act, i.e. suicide;
b) The death was the result of the Seafarer's alcohol and/or drug abuse;
c) A Seafarer's family member has prevented taking evidence of the cause of death;
d) The death happened as the result of the illness the Seafarer failed to report upon his medical
examination prior to joining the Ship.

3. Beside the sum mentioned in Clause 1., Employer shall pay the sum specified in General Annex (2) to
each dependent child under the age of 18, on condition that the total shall not exceed the limited

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

sum specified in General Annex (2). In case the total exceeds the limited sum, the limited sum shall
be divided pro rata among all the Seafarer's children.

4. Employer shall pay compensation specified in Clause 1. and 3. of this Article, as soon as he gathers all
necessary documents, which confirm that all conditions for the agreed payment, are met .

5. Any payments effected under Clauses 1. and 3. shall be without prejudice to any claim for
compensation made in law against the Employer in respect of the Seafarer's death.

6. All compensations effected in accordance . with Clauses 1. and 3. shall be deducted from the
remuneration obtained from the court proceedings in relation with the claim mentioned in Clause 5.
or with the court ruling or settlement.

Insurance Cover
Article 27

1. The Employer sha ll conclude appropriate insurance to cover t hemselves fully against t he possible
contingencies arising from the Articles of this Collective Agreement.

2. The Employer warrants, as the debtor jointly and severally liable, that either (i) the registered owner
of the Ship, or (ii) the owner, or (iii) the Ship's manager, and/or (iv) the manning agent against whom
the Seafarer or his beneficiaries have won the suit for damages resulting from the Seafarer's injury or
death, shall pay the amount adjudicat ed by the court.

Food, Accommodation, Bedding, Amenities, etc.


Article 28

1. The Employer shall provide, as a minimum, accommodation, recreational facilities and food and
catering services in accordance with standards as specified in Regulation 3.1 - Accommodation and
recreational facilit ies and Regulation 3.2 - Food and catering of the MLC, and shall give due
consideration to the Guidelines of that Convention.

2. The Employer shall provide the galley with all items of equipment normally required for cooking
pu rposes. All items of equipment shall be of good quality.
3. Seafarer will have access to free call on a one-off basis linked to compassionate circumstances as
specified in Article 19.2 (d) and (e).

Personal Prot ective Equipment


Article 29

1. The Employer shall provide the necessary personal protection equipment for the use of each Seafarer
while serving on board, in accordance with the ISM Code, SMS Rules and Standards, as specified in
Regulation 4.3 - Health and safety and accident prevention of the MLC. Any person engaged in the
operations and any other person who may be exposed to the risk of injury, poisoning or disease
arising from the operations should, where necessary, be provided with and should wear:

a) A suitable safety helmet constructed to an appropriate standard;


b) Overa lls;
c) Waterproof, reinforced, safety boots;
d) Depending on the risk, sufficient and suitable protective clothing and equipment, including but
not limited to:

16
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)

i. respiratory protective equipment; eye protectors; hearing protection; gloves; welding


aprons; safety harnesses, ropes and attachments; buoyancy aids; and
ii. sufficient and suitable protective outer clothing for use by any person who, by reason of
the nature of work, is required to continue working in the open air during cold or hot
weather, rain, snow, sleet, hail, spray, high winds or hot and humid conditions.

e) Personal protective equipment should be used on an individual basis and should not be passed to
another person without first being cleaned, serviced and maintained;
f) The space provided for personal safety equipment should be such as not to contaminate the
accommodation or other storage;
g) Where there is a relevant certificate of approval to the national standards or there are the
applicable international standards, personal protective equipment should comply with those
standards.

2. Ships shall be so equipped, that survival suits of appropriate size, meeting IMO standards, shall be
made available for each crewmember. The Employer shall be responsible for ensuring the existence
of an ample number of survival suits on board. Lifeboats and Life rafts shall carry reverse osmosis
equipment.

Shipboard Safety Committee


Article 30

1. The Employer shall facilities the establishment of an on board Safety and Health Committee as a part
of the Safety Management System, in accordance with the provisions contained in the ILO Code of
Practice on Accident Prevention on Board Ship at Sea and in Port.

2. The Employer shall provide a link between the company and those on board through the designation
of a person or persons ashore having direct access to the highest level management. The Employer
shall also arrange for a competent safety officer who shall implement the Employer's safety and
health policy and programme and carry out the instructions of the Master to:

a) Improve the crew's safety awareness; and


b) Investigate any safety complaints brought to his attention and report the same to Safety and
Health Committee and the individual, where necessary; and
c) Investigate accidents and making the appropriate recommendations in order to prevent the
recurrence of such accidents; and
d) Carry out safety and health inspections; and
e) Monitor and carry out the on-board safety and health protection t raining of Seafarers.

3. The Employer acknowledges the right of the crew to elect a safety representative to the on board
Safety and health Committee. With a view to carrying. out the role of a safety representative, the
access to information, assistance and advice should be provided, where necessary, by the Safety
Committee, the Employer and the Union. The Safety represent ative shall:

a) Have access to any part of the Ship;


b) Be able to participate in the investigation of accidents and near accidents;
c) Have access to all the necessary documentation, including investigation reports, past minutes of
the Safety and Health Committee, etc.;
d) Receive the appropriate training; and
e) Not be subject to dismissal or other prejudicial measures for carrying out functions assigned to
the role of the safety representative and be entitled to the same protectio ns as the safety officer.

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National Collective Agreement for Croatian Seafarers on Board Ships In the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Communication and Information of the Crew


Article 31

1. Depending on technical possibilities, including e-mail usage, the Employer shall ensure to Seafarer
communication with their families during their on board service.

2. The Employer shall ensure the Seafarers' Bulletin distribution as well as other circular letters to the
crew and the Union members.

3. The Employer is obliged to order the Master.to give received written materials to the crew members
and Union members on board.

Membership Fees, Welfare Fund


Article 32

1. To obtain the ITF or sue Blue Certificate whereby it is confirmed that the Employer's Ship is covered
with one of the ITF approved Collective Agreement and/or this Collective Agreement, the Employer
shall pay contributions either to the ITF Seafarers' International Assistance, Welfare and Protection
Fund or to the SUC Welfare and Protection Fund, provided a Ship flying the Croatia flag, in
accordance with the terms specified in General Annex (2).

2. The Employer acknowledges the right of the Seafarer to participate in the union activities and to be
protected against acts of anti-union discrimination as per ILO Conventions Nos. 87 and 98.

Equality
Article 33

1. Each Seafarer shall be entitled to work, train and live in an environment free of ha rassment and
bullying whether sexually, racially or otherwise motivated. The Employer will regard breaches of this
undertaking as a serious misconduct on the part of a Seafarer.

Waivers
Article 34

1. The Employer undertakes not to demand from any Seafarer to enter into any document whereby,
the Seafarer waives, or reduces the rights from the Collective Agreement or Employment Agreement,
or whereby his obligations are over those specified in this Collect ive Agreement or/and the
Employment Agreement. If such document is signed, it shall be considered null and void and of no
legal effect.

Breach of Provisions
Article 35

1. If the Employer breaches of the terms of the Collective Agreement, for itself or acting on behalf of a
Seafarer, the Union, ITF and/or any Seafarer shall be entitled to take such measures against the
Employer as may be deemed necessary to obtain redress.

Amendments
Article 36

1. The terms and conditions of this Collective Agreement shall be revised annually, and if at any time
the Union and the Employer mutually agree on amendments and/or additions to the Collective

18
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Agreement, such amendments and addit ions shall be agreed in writing and signed by the parties and
considered incorporated in the Collective Agreement.

2. Each party to the Collective Agreement may give t he proposal to the procedure of amendments or
renewal provided that the period of formulation shall not exceed 60 days from the date of proposals'
induction.

Duration of Collective Agreement


Article 37

1. The Collective Agreement shall be of two years' duration, taking effect on the day of its execution by
authorized signatories and shall enter into force as from the date determined in the Collective
Agreement.

2. The contracting parties agree that, in case none of the parties terminate it earlier, the Collective
Agreement shall remain valid after its expiry period until its termination or the conclusion of the new
Collective Agreement.

Supervision of Application
Article 38

1. For the purpose of supervising the Collective Agreement, the contracting parties agree that:

a) The authorized Union/ITF representatives shall be entitled at any time and at any port to
supervise and visit any ship where their members may be serving; and
b) The Employer shall, upon request by the Union/ITF or upon request by their authorized
surveyors, submit for survey all the relevant documents proving the execution of this Collective
Agreement, including the Seamen's payroll.

On-board Compliant Procedures


Article 39

1. Both contracting parties are agreed that any complaint by the Seafarer shall be settled in good faith
without any victimization in accordance with Regulation 5.1.5- On-board compliant procedures of
the MLC, which shall be in line with Employer's procedure with whom Employer has to inform the
Seafarer prior to signing of the Employment Agreement.

Governing Law and Court Jurisdiction


Article 40

1. The Collective Agreement shall be subject to Croatian legislation and law.

2. All disputes coming from the Collective Agreement, including disputes in regard to questions of its
valid origination, breach, termination or interpretation of each article as well as legal outcomes arose
from the settled by negotiation between contracting parties.

3. Disputes from Clause 2. of this Article, which are not resolved by contracting parties with negotiation,
are obliged to be solved in the process of mediation in the period of 60 days from the date the
mediation began. Contracting parties are obliged to be part of the mediation process and prior to its
ending, court procedure cannot begin.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

4. Court, arbitration personnel and other bodies under which the procedure was initiated, about the
same dispute case, prior to the evidence delivery about joint attempt of its resolving in the mediation
process, on request of the opposing side, legal act shall be dismissed, which is used for the initiation
or prolongation of the legal procedure. If the party against which it is possible to begin court
arbitration or any other procedure, and aside from taken obligation refuses to take part in the
process of mediation, party which initiates the procedure, can submit the act which is used to start or
continue after the ending of 60 days period from the invitation to the opposite party on compliancy
in the mediation process.

5. Disputes from Clause 2. of this Article, which are not resolved by contracting parties with negotiation
or mediation, are handed over to the arbitrary in accordance with the valid Regulation on Permanent
Arbitration Court in the Croatian Chamber of Economy.

6. All disputes regarding the rights and obligations of the employees and family members, as specified
in the Employment Agreement, contracting parties are obliged to try resolving in the mediation
process in the 60 days period from the beginning of the mediation. Contracting parties under full
responsibility commit to comply in the mediation process and before it's ending, no court procedure
can be started.

7. Court under which jurisdiction the case was initiated, regarding the same case subject from the
Clause 6. of this Article, before delivering evidence about joining attempt for resolving in mediation
process, on request of opposite party, shall dismiss the act used for the initiation or prolongation of
the process. If the party against whom is possible to initiate the legal procedure, mediation or other
procedure or arbitration or other procedure, and aside from the taken obligation, refuses to take
part in the mediation process, party which initiates the legal process can submit the act with which
the process is initiated or prolonged after the ending of the 60 days period from the invitation to the
opposite party in joining the mediation process.

8. If there is a particular law defining the deadline for submitting the civil action in the disputes from
the Clause 6. of this Article, civil action can be submitted in the statutory term, and along with the
legal procedure, all actions shall be terminated until the finalization of the compulsory mediation
process.

20
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Sh ipping Trade (2013-2015)

9. Any disputes concerning rights and responsibilities of Seafarers and their family members arising
from their Employment Agreement and this Collective Agreement shall be brought for settlement
before the competent court in the Republic of Croatia and Croatia law shall apply.

Registration and Approval


Article 41.

1. This Collective Agreement is subject to registration with the competent ministry and shall be
published in the Croatia Official Gazette.

2. This Collective Agreement is subject to approval by the ITF.

3. This Collective Agreement cannot be used and/or copied without previous perm ission by the Union
and/or ITF and the Association .

Application to Contracts
Article 42.

1. This Collective Agreement shall apply to all Employment Agreements presently in effects, which had
been signed before the Collective Agreement came into force .

2. This Collective Agreement has been made in Croatian and English versions and in case of any
misunderstandings in the interpretation and implementation of the provisions, the Croatian version
shall prevail.

Validity of the Agreement


Article 43.

1. This Collective Agreement shall enter into force on 1st July 2013 and shall terminate on 30th June
2015.

In Zagreb, 20th June 2013

For and on behalf of MARE NOSTRUM, For and on behalf of


Croatian S~
ipow ers' Association

---------------- ----~---------------
A. Maras . Sc., President
- - - -- c~ - -~~~~2
MARE ~.J'OSTRUM
ULnUGA HRVATSK!HPOSlODAVACA BAuuARA
UMEfJUNP.RODNOJ POi'liORSKOJ PLOVIDBI
ZilGREB

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

GENERAL ANNEX 1: NATIONAL HOLIDAYS

For the purpose of this General Annex, the national holidays shall be considered holidays which are
stated by the Act on Holidays, Remembrance days and Non-working days in Republic of Croatia with
amendments. In the moment of concluding this Collective Agreement, holidays are:

1st January- New Year's Day;


61h January- Epiphany;
Easter and Easter Monday;
Corpus Christy;
1 st May- Labour day;
22nd June- Antifascist Day;
25th June - Constitution Day;
5th August - Patriots Day;
151h August- Assumption Day;
g th October- Independence Day;

1st November-All Saints Day;


25th December- Christmas;
261h December- First day after Christmas; St. Stephen

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)

GENERAl ANNEX 2: SCHEDULE OF CASH BENEFITS

Article 6.
Duration of Employment
Daily travelling allowance equals 50 US$

Article 18.
Crew's Effects
Maximum: 3.000 US$, which includes cash up to 300 US$

Article 25.
Compensation for loss of life

2013

Degree of Disability Rate of Compensations in US$


Percentage (%) Ratings Junior Officers Senior Officers (4)
100 93,154 124,205 155,257
75 69,866 93,1S4 116,443
60 55,892 74,523 93,1S4
so 46,577 62,103 77,628
40 37,262 49,682 62,103
30 27,946 37,262 46,577
20 18,631 24,841 31,0S1
10 9,31S 12,421 1S,S26

2014

Degree of Disability Rate of Compensations in US$


Percentage (%) Ratings Junior Officers Senior Officers (4)
100 9S,949 127,932 1S9,914
7S 71,962 9S,949 119,936
60 57,569 76,759 95,949
so 47,974 63,966 79,9S7
40 38,379 51,173 63,966
30 28,785 38,379 47,974
20 19,190 25,S86 31,983
10 9,S9S 12,793 1S,991

Note:
1. For the purpose of this article senior officers are: Master, Chief Engineer, Chief Mate and First
Engineer.
2. In case disability is stated in percentage which are not comprised in the above tables, the
amount shall be calculated pro rata.

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National Collective Agreement for Croatian Seafar ers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Article 26.
Loss of life/Death in Service
Compensation for loss of life/death in service:

2013-2014

To immediate next of kin:


2013: 93,154 US$
2014: 95,949 US$

To each dependent ch ild under the age of 18, subject to maximum of 4:


2013: 18,631 US$
2014: 19,190 US$

Article 32.
Membership fee, Welfare Fund and Re presentation of Seafarer

1. ITF SSD Special Seafarers' Department


Shipowner/Employer Entrance/Membership fees: 120 US$ per position/seafarer annually;
2. sue
Shipowner/Employer Entrance/Membership fees: 200 US$ per position/seafarer annually;
3. ITF WF - Welfare Seafarers International Assistance Welfare and Protection Fund
Shipowner Contribution: 250 US$ per position/seafarer annua lly;
4. SUC Assistance, Welfare and Prot ection Fund
Shipowner Contribution: 250 US$ per position/seafarer annually

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

GENERAL ANNEX 3: DISABILITY COMPENSATION SCALE

I. INJURIES TO EXTREMITIES

A. Hand, Arm, Shoulder


(If a person is left-handed,.his/her left hand is assessed as a right hand, and vice versa.)

Percentage
Compensation
Right Left
a. Fingers

Loss of all fingers of one hand 55 50


Loss of one thumb and metacarpal bones 30 25
Loss of one thumb 25
Loss of extremity of one thumb 12
Loss of half of extremity of one thumb 8
Thumb with stiff extreme joint 5
Thumb with stiff metacarpophalangeal joint 3
Thumb with stiff extreme and metacarpophalangeal 15
joints
Loss of forefinger (second finger) 10
Loss of midd le and extreme joints of forefinger 10
Loss of extreme forefinger 5
Forefinger wit h stiff metacarpophalangeal joint in 5
outstretched position
Forefinger with 90 degrees or more stretch deficiency 5
in middle joint
Loss of middle finger (third finger) 10
Loss of midd le and extreme joints of middle finger 8
Loss of extreme joint of middle finger 5
Middle finger with stiff metacarpophalangeal joint in 5
outstretched position
Middle finger with 90 degrees or more stretch 5
deficiency in middle joint
Loss of ring finger (fourth finger) 8
Loss of middle and extreme joints of ring finger 5
Loss of extreme joint of ring finger 3
Ring finger with stiff metacarpophalangeal joint in 5
outstretched position
Ring finger with 90 degrees or more stretch deficiency . 5
in middle joint
Loss of little finger (fifth finger) 8
Loss of middle and extreme joints of little finger 5
Loss of extreme joint of little finger 3

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Percentage
Compensation
Right Left

Loss of thumb and forefinger (1st and 2nd fingers) 40 35


Loss of extreme joints of t~umb and forefinger 18
Loss of thumb, forefinger and middle finger 50 45
Loss of extreme joints of thumb, forefinger and middle 20
finger
Loss of thumb, forefinger, middle finger and ring finger 55 50
(1st, 2nd, 3rd and 4th fingers)
Loss of forefinger and middle finger (2nd and 3rd) 25
Loss of middle and extreme joints of forefinger and 20
middle finger
Loss of extreme joint of forefinger and middle finger 10
Loss of forefinger, middle finger and ring finger 35 30
Loss of middle and extreme joints of forefinger, middle 25
finger and ring finger
Loss of extreme joints of forefinger, middle finger and 12
ring finger
Loss of forefinger, middle finger, ring finger and little 40 35
finger (2nd, 3rd, 4th and 5th)
Loss of middle and extreme joints of forefinger, middle 35 30
finger, ring finger and little finger
Loss of extreme joints of forefinger, middle finger, ring 15
finger and little finger
Loss of middle finger, ring finger and little finger (3rd, 30
4th and 5th)
Loss of middle and extreme joints of middle finger, ring 20
finger and little finger
Loss of extreme joints of middle finger, ring finger and 10
little finger
Loss of ring finger and little finger (4th and 5th) 20
Loss of middle and extreme joints of ring finger and 15
little finger
Loss of extreme joints of middle finger and ring finger 5
or of ring finger and little finger
Middle finger and ring finger with 90 degrees or more 8
stretch deficiency in middle joint

b. Hand, Wrist

Loss of one hand 60 55


Stiffness in good working position 10
Stiffness in poor working position 15
Fracture of radial bone healed with some dislocation 5
and slight functional disturbances, possible friction
Consequences of fracture of radial bone: Forefinger to 18
little finger down to 2 em from the palm of the hand

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)

Percentage
Compensation
Right Left
c. Arm

Loss of one arm 70 65


Amputation of upper arm 65 60
Amputation of forearm with good elbow movement 60 55
Amputation of forearm with poor elbow movement 65 60
Unhealed rupture of biceps 5
Axillary thrombosis 5

d. Elbow

Stiffness in outstretched position 45 40


Stiffness in good working position 25 20
Stiffness in poor working position 30 25
Cessation of rotary function of forearm ("upright 20 15
position")
Elbow bending reduced to 90 degrees or less 15 12
Stretch deficiency of up to 40 degrees 3
Stretch deficiency 40-90 degrees 5

e. Shoulder

All mobility reckoned with "unset" shoulder blade. 35


Stiffness in shoulder (with arm alongside body)
Elevation up to 90 degrees 15
Friction and some reduction of mobility 5
Habitual luxation 10
Luxatio acromio-clavicularis 5

f. Paralysis

Tota l paralysis of plexus brachialis 70 65


Total paralysis of nervus radialis on the upper arm 25 20
Total paralysis of nervus ulnaris 30 25
Total paralysis of nervus medianus, both sensory and 35 30
motoric injuries
For sensory injuries only 10

B. Foot, leg, Hip

a. Foot

Loss of foot with good function of prosthesis 30


Loss of foot with poor function of prosthesis 35
Amputation of tarsus with stump capable of bearing 15
Loss of all toes on one foot 10
Loss of 1st toe (big toe) and some of its metatarsal 8
bone
Loss of 1st toe (big toe) 5

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Loss of extreme joint of big toe 3


Big toe with stiffness in metatarsophalangeal joint 5
Loss of one of the other toes 3
Ankle joint stiff at right angle or slight talipes equinus 15
(up to 15 degrees)
Ankle joint stiff in pronoun~ed talipes equinus position 20
Ankle joint where rotary mobility has ceased 5
Fallen arches aggravated by pains 8
Traumatic fallen arches 10

Loss of one leg 65


Amputation at the knee or thigh with good function of so
prostesis
Amputation at the knee or thigh with poor function of 55
prosesis
Loss of crus (shank) with good function of prosthesis 30
Loss of crus with poor function of prosthesis 35
Shortening by less than 3 em 3
Shortening of at least 3 em 10
Thigh shrinkage of at least 3 em 8
(Is not, however, added to the compensation for
shortening or reduction of mobility)
Post thrombotic syndrome in one leg 5
Essential deterioration of varicose veins or leg sores 8
Knee stiff in good position 25
Knee with stretch deficiency of up to 5 degrees 3
Knee with bending capacity reduced to 90 degrees or 10
less
Knee with hampering looseness 10
Knee with strong friction during movements, with 8
muscle wastage exceeding 2 em as measured 10 em
above the patella and reduction of mobility
Knee with somewhat regular and hampering 5
incarcerations
Habitual luxation of kneecap 5
Loss of kneecap 5
Well-functioning totally artificial kneecap 15

Hip with stiffness in favourable position 30


Hip with severe insufficiency of hip function so
Well-functioning totally artificial hip joint 10

d. Paralysis

Total paralysis of nervus fibularis 10


Total paralysis of nervus femora lis 20
lschiadiscusparesis -with good mobility 10
lschiadiscusparesis- with poor mobility 30

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

II. THE HEAD

A. The Face

Loss of all teeth (double dentures) 5


Loss of outer ear 5
Scalping 5
One-sided paralysis of the facial is nerve 10
Two-sided paralysis of the facia lis nerves 15
Loss of sense of smell 10
One-sided paralysis of vocal chords with considerable 10
speech difficulties
Paralysis of sensory (trigeminal) nerve to the face 5

B. The Brain

a. Demens

Mild demens 15
Mild-medium severe demens 25
Medium severe demens 40
Severe demens 65
Total demens 100

b. Post commotional Syndrome 8

C. The Eye

Loss of one eye 20


Loss of both eyes 100
Loss of sight of one eye 20
Loss of sight of both eyes 100
Loss of sight of one eye with complications (e.g. 25
glaucoma and/or contracted eye)
Loss of sight of one eye with possibility of improvement 18
via operation (reserve eye)
Double vision 10
Double vision in outermost position 3
Loss of binocular vision (e.g. aphakia with visual power 15
of at least 6/60)
Aphakia with good contact glass function 8
Total one-sided ptosis 18
Flood of tears 3
Hemianopsia 40
Rightsided heminaopsia as a result of brain injury 50

Reduction:of visual power of one or both eyes is assessed in accordance with the following decimal
table or fraction table:

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Decimal Table
s 0.6 0.5 0.4 0.3 0.2 0.1 0
0.6 0 0 5 10 10 15 20
0.5 0 5 5 10 10 15 20
0.4 5 5 10 15 15 20 30
0.3 10 10 15 25 35 45 55
0.2 10 10 15 35 45 60 70
0.1 15 15 20 45 60 75 85
0 20 20 30 55 70 85 100

Fraction Table

s 6/6 6/12 6/18 6/24 6/36 6/60 2/60 0


6/6 0 0 5 8 10 12 15 20
6/12 0 5 10 10 12 15 18 20
6/18 5 10 20 30 35 40 45 so
6/24 8 10 30 35 45 so 55 60
6/36 10 12 35 45 55 65 70 75
6/60 12 15 40 so 65 75 80 85
2/60 15 18 45 55 70 80 95 100
0 20 20 so 60 75 85 100 100

Visua l power is assessed with the best available glasses.

D. Ears
Percentage
Compensation
Right left

loss of outer ear, see under II.A.- The Face


Total loss of hearing in one ear 10
Total loss of hearing in both ears 75

loss of hearing based on speech audiometry: assessed or calculated binaural loss of hearing in dB
with well-adjusted hearing aid.

Degree of loss of Hearing HH:O HH: 1 HH: 2 HH: 3 HH: 4 HH:S


CH:O 0 5 - - - -
CH:1 - 8 15 30 - -
CH:2 - 12 20 35 so -
CH:3 - - 30 40 55 65
CH:4 - - - so 60 70
CH:5 - - - - 65 75

=
HH Hearing handicap;
CH =Communication handicap;
0- No handicap; 3- Considerable handicap;
1- Slight handicap; 4- Severe handicap;
2- Mild to medium handicap; 5 -Total handicap;

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)

Norma lly no compensation is paid solely in respect of use of a hearing aid.

Percentage
Compensation
Right Left
Hampering tinnitus and distortion of hearing 3

Ill. NECK AND BACK

A. Vertebral Column

a. Fracture of body of the vertebra without discharge of medulla spinalis or nerves:

Minor Fracture
With minor reduction of mobility 5

Medium severe fracture


Without reduction of mobility 8
With reduction of mobility 12

Very severe fracture or several medium severe


fractures, possibly with formation of gibbus (hump)

Slight to some reduction of mobility 15


Very severe reduction of mobility 20
If support (neck collar or support corset) is used 5
Pain - local or transmitted to extremities 2

b. Fracture with Discharge of Medulla Spinalis or Nerves

Assessed in accord ance with the above rules with a supplementary degree for the discharge of
nerves assessed in accordance with the other rules specified in the table.

B. Consequences of Slipped Disc 12

C. Other Back Injuries

a. Cervical Column

Some reduction of mobility and/or local pains 8


If a supportive device (neck collar) is used 12
Radiating pains- root irritating 12

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade {2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

Percentage
Compensat ion
Right Left

b. Other Parts of the Vertebral Column

Back pains without reduction of mobility 5


If a supportive device (corset) is used 8
Back pains with some reduction of mobility 12
Back pains with considerable reduct ion of mobility 25

D. Injuries to the Medulla Spinalis

Mild but lasting consequences- without bladder


(possibly defecation) symptoms (objectively
determinable neurological symptoms on a modest 20
scale);
Mild but lasting consequences- with bladder
(possibly defecation) symptoms (objectively
determinable neurological symptoms on a modest 25
scale);
Other lasting consequences without bladder
symptoms as defined above; 30
Other lasting consequences with bladder symptoms
as defined above; 35
Incontinence- please see Section V.

IV. HEART AND LUNGS

Heart and lung ailments are assessed with regard to the limiting ofthe functional capacity caused by
the ailment, applying the following division into function groups:

1. No limitation of physical activity; 3


2. Mi nor limitation of physical activity;
Symptoms appear only during strenuous activity; 20
3. Considerable limitation of physical activity.
Symptoms also appear during low levels of activity; 45
4. Any form of physical activity produces symptoms,
which can also be present during periods of rest. 70

Steps are taken to support the division into functions by. means of objective measurements for
lung function, such as the forced exhalation volume in the first second, FEV 1.0.

Assuming that the case is one of permanent reduction of FEV 1.0.

FEV 1.0 of over 2 litres corresponds roughly to function group 1;


FEV 1.0 of 1.5-2 litres corresponds roughly to function group 2;
FEV 1.0 of about 11itre corresponds roughly to function group 3; and
FEV 1.0 of about 0.5 litre corresponds roughly to function group 4.

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

V. ABDOMINALCAVITY AND PELVIS

Percentage
Compensation
Right Left
Loss of spleen 5
Loss of one kidney 10
Well-functioning transplanted kidney 25
Anus praeternaturalis 10
Minor incontinence (i.e. imperious urination,
possibly defecation) 10
Expulsive incontinence 25
Abdominal hernia, inoperable 20

Loss of both testicles 10


Loss of both ovaries before menopause 10
Loss of both ovaries after menopause 3
Loss of one or both epididymides 3
Urethra stricture, if a bougie must be used 15
Impotence Not covered

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National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)

GENERAL ANNEX 4: EMPLOYMENT AGREEMENT

34
National Collective Agreement for Croatian Seafarers on Board Ships in the International Shipping Trade (2013-2015)