Termination and disciplinary measures Flashcards
(13 cards)
What must each contract specify regarding employment cessation?
Each contract must specify how employment may cease by either party, including voluntary termination, breach of conduct, or disciplinary measures.
What details should be included in the contract about notice periods?
The contract should state the notice period required by both parties.
What is the minimum notice period during the probationary period?
The minimum notice period by either party, including the probationary period, is seven days.
What is the standard notice period after the probationary period?
The standard notice period after the probationary period is 30 days unless specified differently.
Can the employer give a shorter notice period than the employee?
No, the employer may not give a shorter notice period than the employee.
What should be referenced in disciplinary measures?
There should be a reference to the Merchant Shipping Law, ensuring the rights of the seafarer.
What actions can lead to immediate dismissal?
Actions such as violence or drugs can warrant immediate dismissal.
What is the procedure for warnings before dismissal?
The procedure includes: 1st warning (verbal or written), 2nd warning (verbal or written), 3rd warning (written), then dismissal.
Who must issue warnings and how should they be documented?
All warnings must be issued by the Captain, witnessed, and entered into the official logbook.
What rights do crew members have regarding complaints?
All crew have the right to complain about other crew and their superiors without fear of intimidation or victimization.
What must be provided to crew members upon joining?
An onboard complaint procedure must be issued to all crew upon joining, along with their SEA.
What policy should be in place regarding piracy or armed robbery?
A policy should protect seafarers in case of piracy or armed robbery where the seafarer has been held captive.
What does the seafarer’s employment agreement state regarding captivity?
A seafarer’s employment agreement continues to have effect while held captive due to piracy or armed robbery, regardless of expiry or notice to terminate.
