The conflict in Ukraine is creating difficulties for Ukrainian crew members who are either at the end of their employment contracts or wish to terminate contracts early and return home to Ukraine. In these circumstances, and in view of the operational issues encountered, the International Group (IG) Personal Injury Committee, which represents all 13 IG clubs, has drafted the contract amendment suggested below to assist members and crew. who wish to modify their employment contracts.
Members should be aware that the draft wording below is not IG approved wording, but is merely a guide to facilitate consistency of approach and assistance to members and people of sea at a time of great upheaval where time is running out.
The effectiveness of this wording or any wording used depends on the particular terms of a contract and the governing law, if any. Standard Club cannot guarantee that the wording suggested will be accepted or upheld by any particular court or jurisdiction and recommends members seek independent legal advice when considering changes to crew employment contracts; whose costs (legal or otherwise) are operational. Members should also investigate the position with their war risk underwriters, as standard P&I cover excludes illness, injury or death resulting from war, either directly or indirectly.
Amendment to the employment contract of: XXXXX (hereinafter referred to as “SEA”).
This addendum is concluded between (name and grade of the seafarer), hereinafter referred to as “seafarer”, and (name of the employer who could be the direct shipowner or his agents to be specified in an appropriate manner as mentioned in the contract of original work), hereinafter referred to as the “employer”.
Under the terms of the AES, the seafarer’s terms of employment on board (insert name of vessel) terminate on………. or must be completed on …….. (insert the date of completion of the contract as well as the usual tolerance +/-). The agreed place of repatriation in SEA is …..(insert the name of the place of repatriation in SEA).
The seafarer wishes to terminate the SEA prior to the termination date and after due consideration of the current exceptional circumstances, the employer agrees to this request. Repatriation to the original place of engagement is no longer practical or dangerous. The alternate place of repatriation is now agreed to be ……… (insert new place of repatriation).
The seafarer agrees to comply with all applicable laws, including but not limited to any entry or visa requirements imposed on him at the place of alternate repatriation. In the event that repatriation to another location becomes impossible or unsafe after the seafarer’s designation, but before the start of the repatriation voyage, the seafarer and the employer agree to consider other viable repatriation locations.
The seafarer and the employer agree that early repatriation to another agreed place of repatriation shall be considered due fulfillment of the employer’s obligation to repatriate the seafarer and the employer shall be released from any other obligation to the seafarer under the contract of employment. including any obligations imposed under the applicable collective bargaining agreement and/or maritime labor agreement and/or applicable laws other than those which have accrued to the date of repatriation and which have not yet been discharged.
If members have any questions regarding the above, please contact your usual club contact.
Source: The Standard Club