SA Ships: Crew & Voyage Agreements

• Addresses articles of agreements and crew agreements for South African (SA) Ships.

Crew Agreements

• Employment contract between a shipowner, master, and crew.
• Legally binds the crew to remain with their vessel until officially discharged.

South African (SA) Context

• Mandatory under the Maritime Safety Authority (MSA), for all registered or licensed SA ships.
• MSA prescribes the agreement format such as TV5/204 or TV5/206.
• Agreement between each individual seafarer and the employer.
• The Master signs the Crew Agreement first, before anyone else.
• The Master acts on behalf of the Ship owner.

Voyage Agreements

• A separate agreement is made for each single voyage of a ship.
• Can only be opened or closed while the ship is in port.
• Used in ships not fully manned for going to sea.
• There may be an interval between one crew signing off and another crew signing on.

Running Agreement

• Extends over two or more voyages.
• Typically used on foreign-going vessels.
• Can be opened and closed while the ship is at sea or in port.
• Cannot be entered into for more than 1 year.
• Agreement extension is possible outside of an SA port if:
  • It remains in force until the ship is again in an SA port.
  • It does not continue for more than 3 months after its first expiry, unless.
  • The Seafarers agree to it in writing.
  • The Proper Officer approves such additional extension.

Multiple-Ship Agreement

• It may be either a voyage or running agreement.
• For service in two or more coasting ships or fishing boats belonging to the same owner, but it may not be more than 2 years.
• Same extension as per the running agreement, if expiring outside of SA.

Signing the Agreement

• The master has to sign first.
• The employer should ensure the crew reads and understands the agreement before signing.
• Crew signs in the presence of a witness.
• The Crew Agreement is officially opened when the first seafarer signs.
• The Proper Officer must receive a copy of the Crew Agreement and a copy of the list of crew before the ship leaves port.

Displaying and Altering the Crew Agreement

• Displayed in a conspicuous place where it is accessible to the crew.
• Articles must be framed and displayed for the duration of the contract period.
• Alterations are accepted with permission from affected crew.
• They must be provided in the written attestation of a Proper Officer.

Closing and Delivering the Crew Agreement

• Before closing the agreement:
  • All seafarers must sign a release column and be discharged.
  • The master must endorse the agreement as evidence of compliance with the law.
  • Details regarding termination of the agreement and delivery to the Proper Officer.
• The Master declares that all entries were truthful.
• The Master signs such declaration thereby formally closing the articles.
• Delivery to PO must occur within 48 hours of crew discharge or arrival at the final port of destination with (Agreement + List of Crew).
• The Proper Officer issues the Master with a Certificate of Delivery.
• 21 Days for Coasting and Fishing vessels.

Clauses of a Crew Agreement

• Voyage Clause
• Conduct Clause
• Wage Clause
• Provisions Clause
• Training Clause
• Reimbursement Clause
• Disrating Clause
• Breach Clause
• Statutory Clauses
• Additional Clauses
• Allotment clause
• Cash advance clause
• Clause indicating the position of the Deck Line and Load Lines
• Clause stating the date and time of the commencement of work

Misconduct by Seafarers

• Any action or inaction by a seafarer that endangers the ship or life, or is a general offense against discipline.

Misconduct - MSA Provisions: Master and Seafarers

• Shall not knowingly do anything tending to the immediate loss, destruction, or serious damage to the ship.
• Shall not endanger life or cause injury to any person belonging to or on board the ship.
• Shall not knowingly refuse or omit any lawful act proper and required to preserve the ship from immediate loss, destruction, or serious damage.
• Shall not preserve any person belonging to or on board the ship from danger to life or injury.

Misconduct - MSA Provisions: Seafarers

• Not reporting for duty in a drunken condition or being drunk onboard the ship.
• Not willfully disobeying any lawful command or neglecting duty.
• Not being guilty of continued willful disobedience to lawful commands or continued willful neglect of duty.
• Not combining with any of the crew to disobey lawful commands or neglect duty.
• Not impeding navigation or retarding voyage progress.
• Not assaulting the master or any of the ship's officers
• Not preventing or hindering the loading/unloading or departure
• Not willfully damaging the ship, misappropriate, make improper use of, or damage any of the ship’s stores, equipment or cargo.

MSA: Desertion and AWOL

• Desertion: Absence from the ship with the intention of not returning.
• AWOL: Failing/refusing to join the ship, proceed to sea in the ship, or unauthorized absenteeism from ship or duty.

Discipline on Board Ships

• The Master is ultimately responsible for enforcing discipline onboard.
• It is in line with company's Disciplinary Code and Code of Conduct.
• Considers Minor Offense vs. Misconduct.
• The disciplinary procedure must be defined clearly and made available to the crew.
• The disciplinary procedure allows for both an informal and formal approach.
• May include Fines (Unclear).

Reasons Which Justify Dismissal

• Misconduct
• Capability
• Redundancy
• Statutory Requirement

Grievances

• A process for raising concerns, problems, or complaints must be available to the crew.
• Should allow for both an informal and formal approach.
• Company Policy guides the process.