Answer
Ans: CBA is mentioned in Title 2.1 of MLC which says SEA to be on basis of CBA.
CBA - Collective Bargaining Agreement - It is a written legally binding contract between an employer and a union representing the employee which details all the terms and conditions of the crew employed on the ship. It specifies entitlements such as pay (in the form of a wage scale), working hours, Overtime alowance, etc.
It is a result of extensive negotiations process between the parties regarding topics such as wages, hours of work and terms and conditions of employment.
CB As are specific to different types of seafarers (e.g., Deck officers, engineers, ratings) and address their unique roles and responsibilities. Seafarers have the right to be paid regularly and in full, at least monthly, and in accordance with your employment agreement or CBA. All information on the terms and conditions of employment, including the CBA, must be freely accessible to everyone onboard and available for inspection in port. If your employment agreement or CBA is not in English, then for ships operating in international waters, an English language version must be available onboard. Applicable CB As are normally incorporated into the employment agreement.
Benefits of MUI:
1.Negotiating CBA
2.Legal assistance in India or oustisde India before any court of inquiry where competency would be disputed- Upto 5 lacs
3.Industry info and latest updates via monthly magazines / website
4.Financial support (health) for immediate family members
5.Compensation for CoC suspension --- Upto 3.2 lacs over 8 months (Suspension)--- Upto 6 lacs over 18 months (Cancellatn/replacement)
6.In a difficult situation, MUI will extend assistance in all ports through their affiliates and fraternal unions.
SEA Seafarer employment agreement
1.It is an agreement between the shipowner and seafarer. 2.It will contain the following
3.Name of ship
4.Port of joining
5.Date of joining
6.Wages at least minimum as per the CBA.
7.Signatures
8.Comencement and completion date of contract
9.Legal advise can be received by the seafarer if he does not understand terms and conditions 10.Repatriation to homeport is also mentioned
11.Endorsement on cdc at the termination of contract and record of employment
CBA is a tripartite agreement between ship owner that is Indian national ship owners association and seafarer union such as NUSI or MUI and Flag state has observer status.
JMC Joint maritime committee decides the wages of the Able seafarer and is a bipartiate agreement between shipowner and seaferer union
CoC Insurance provided by MUI.