| (1) | The master of every South African ship shall enter into an agreement on behalf of the employer (in this Act called the agreement with the crew) with every seafarer whom the master engages to serve in that ship: Provided that the proper officer may refuse to allow the engagement of a seafarer— |
[Words preceding section 102(1)(a) substituted by section 7 of Act No. 12 of 2015]
| (a) | who has not completed any period of pre-sea training that may be prescribed; or |
| (b) | who does not possess a knowledge of one of the official languages of the Republic sufficient to enable him to understand fully any necessary orders given him in that language in the performance of his duties. |
| (2) | The agreement with the crew shall be in the prescribed form, dated at the time of the first signature thereof, and shall be signed by the master before any seafarer signs it. |
[Section 102(2) substituted by section 29(i) of Act No. 12 of 2015]
| (3) | The agreement with the crew shall contain, inter alia, as terms thereof the following particulars: |
| (a) | the nature and, as far as practicable, either the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement and any places or parts of the world to which the voyage or engagement is not to extend; |
| (c) | the number and description of the crew; |
| (d) | the time at which each seafarer is to be on board or to begin work; |
[Section 102(3)(d) substituted by section 29(i) of Act No. 12 of 2015]
| (e) | the capacity in which each seafarer is to serve; |
[Section 102(3)(e) substituted by section 29(i) of Act No. 12 of 2015]
| (f) | the wages which each seafarer is to receive, and which must include particulars of the basic wages to be paid, payments to be made for overtime, bonuses, allowances paid, paid leave or any other additional payments, or in the case of a fishing vessel, the basic daily rate and commission scales; |
[Section 102(3)(f) substituted by section 7 of Act No. 12 of 2015]
| (g) | a scale of the provisions which are to be furnished to each seafarer; |
[Section 102(3)(g) substituted by section 29(i) of Act No. 12 of 2015]
| (h) | any regulations approved by the Minister as to conduct on board and as to fines or other lawful punishment for misconduct which the parties agree to adopt. |
| (i) | the amount of a seafarer’s entitlement to annual leave or, where applicable, the formula used for calculating the annual leave and the remuneration payable during that period of leave; |
| (j) | the health and social security protection benefits to be provided to the seafarer by the owner of a ship; |
| (k) | the seafarer’s entitlement to repatriation; |
| (l) | reference to any collective bargaining agreement, where applicable; |
| (m) | the minimum notice period that may be given by the seafarer or the owner of a ship, which shall not be less than seven calendar days.’ |
[Sections 102(3)(i) to (m) inserted by section 7 of Act No. 12 of 2015]
| (4) | If the master of a South African ship engages single seafarers and there is already in existence in respect of that ship an agreement with the crew made in due form, those seafarers may sign that agreement, and the master need not enter into a separate agreement with them. |
[Section 102 substituted by section 29(k) of Act No. 12 of 2015]
| (a) | For the purposes of this section, in respect of all ships, excluding fishing vessels— |
"basic wages"
means remuneration for normal working hours, eight hours in a day, but does not include payments made for overtime, bonuses, allowances paid, paid leave or any other additional payments;
"overtime"
means time worked in excess of the normal working hours, and includes work undertaken on Saturdays and Sundays, and public holidays as defined in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994).
| (b) | If there is an agreement in place onboard a fishing vessel with the employer covering wages and conditions of employment agreed to under a registered bargaining council or statutory council in terms of the Labour Relations Act, 1995 (Act No. 66 of 1995), then the terms of that agreement apply to the employment of the seafarer concerned. |
[Section 102(5) inserted by section 7 of Act No. 12 of 2015]
