The fisher’s work agreement shall contain the following particulars, except in so far as the inclusion of one or more of them is rendered unnecessary by the fact that the matter is regulated in another manner by national laws or regulations, or a collective bargaining agreement where applicable:
| (a) |
the fisher’s family name and other names, date of birth or age, and birthplace; |
| (b) |
the place at which and date on which the agreement was concluded; |
| (c) |
the name of the fishing vessel or vessels and the registration number of the vessel or vessels on board which the fisher undertakes to work; |
| (d) |
the name of the employer, or fishing vessel owner, or other party to the agreement with the fisher; |
| (e) |
the voyage or voyages to be undertaken, if this can be determined at the time of making the agreement; |
| (f) |
the capacity in which the fisher is to be employed or engaged; |
| (g) |
if possible, the place at which and date on which the fisher is required to report on board for service; |
| (h) |
the provisions to be supplied to the fisher, unless some alternative system is provided for by national law or regulation; |
| (i) |
the amount of wages, or the amount of the share and the method of calculating such share if remuneration is to be on a share basis, or the amount of the wage and share and the method of calculating the latter if remuneration is to be on a combined basis, and any agreed minimum wage; |
| (j) |
the termination of the agreement and the conditions thereof, namely: |
| (i) |
if the agreement has been made for a definite period, the date fixed for its expiry; |
| (ii) |
if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the fisher shall be discharged; |
| (iii) |
if the agreement has been made for an indefinite period, the conditions which shall entitle either party to rescind it, as well as the required period of notice for rescission, provided that such period shall not be less for the employer, or fishing vessel owner or other party to the agreement with the fisher; |
| (k) |
the protection that will cover the fisher in the event of sickness, injury or death in connection with service; |
| (l) |
the amount of paid annual leave or the formula used for calculating leave, where applicable; |
| (m) |
the health and social security coverage and benefits to be provided to the fisher by the employer, fishing vessel owner, or other party or parties to the fisher’s work agreement, as applicable; |
| (n) |
the fisher’s entitlement to repatriation; |
| (o) |
a reference to the collective bargaining agreement, where applicable; |
| (p) |
the minimum periods of rest, in accordance with national laws, regulations or other measures; and |
| (q) |
any other particulars which national law or regulation may require. |
Implementation of Geneva Conventions Act, 2012
