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Ukrainian Seafarer Repatriation
The conflict in Ukraine is creating difficulties for members with Ukrainian crew who are either at the end of their employment contracts or who wish to terminate the contracts early and return home to Ukraine. In the...
The conflict in Ukraine is creating difficulties for members with Ukrainian crew who are either at the end of their employment contracts or who wish to terminate the contracts early and return home to Ukraine. In the circumstances, and given the operational problems being experienced, the International Group (IG) Personal Injury Committee which represents all 13 IG Clubs, has drafted the below suggested Contract Addendum to assist members and crew who would like to amend their contracts of employment.
Members should be aware that the below draft wording is not an IG-approved wording but is merely guidance to facilitate uniformity of approach and assistance to members and seafarers at a time of great upheaval when time is of the essence.
The effectiveness of this or any wording used is dependent upon the particular clauses of a contract and the law governing it, where applicable. Standard Club cannot guarantee that the suggested wording will be accepted or upheld by any particular court or jurisdiction and recommends that members seek independent legal advice when looking to amend crew contracts of employment; the costs (legal or other) of which are operational. Members should also investigate the position with their War Risk Underwriters as standard P&I cover excludes sickness, injury or death arising out of war, whether directly or indirectly.
Addendum to the contract of employment dated: XXXXX (hereinafter referred to as “SEA”).
This addendum is agreed between (name and rank of the seafarer), hereinafter referred to as “seafarer”, and (name of the employer which could be shipowner direct or its agents to be clarified appropriately as referred in original employment contract), hereinafter referred to as “employer”.
According to the terms of SEA, the seafarer’s terms of employment on board (insert name of the vessel) completes on………. or is due to be completed on …….. (insert date of completion of contract together with usual +/- tolerance period). The agreed place of repatriation in SEA is …..(insert name of place of repatriation in SEA).
The seafarer wishes to terminate the SEA before the termination date and after due consideration of the present exceptional circumstances the employer agrees to this request. Repatriation to the original place of engagement is no longer practical or is unsafe. The alternative place of repatriation is now agreed to be……… (insert new location for repatriation).
The seafarer undertakes that s/he shall comply with all applicable laws including but not limited to any entry or visa requirements imposed on her/him at the alternative place of repatriation. In the event that repatriation to the alternative place becomes impractical or unsafe after the nomination by the seafarer, but prior to commencement of the repatriation journey, the seafarer and the employer agree to consider alternative viable places of repatriation.
The seafarer and the employer agree that early repatriation to such agreed alternative place of repatriation shall be deemed as due performance of the employer’s obligation to repatriate the seafarer and the employer will be released from any and all further obligations towards the seafarer under the contract of employment including any obligations imposed under the applicable CBA and/or the Maritime Labour Convention and/or applicable laws other than those which have accrued to the date of repatriation and not yet been discharged.
If members have any queries regarding the above, please contact your usual club contact.
Category: Ukraine / Russia