​Gard保赔协会：乌克兰船员需要延长合同或遣返该怎么办？

随着乌克兰冲突的继续，Gard保赔协会注意到许多会员和客户在遣返乌克兰船员时遇到了困难。考虑到局势动荡和不确定性的情况，一些船员可能想要延长合同，而有些船员则希望提前终止合同，以便返回乌克兰。

鉴于这种情况，国际保赔集团人员小组委员会起草了以下合同附录，以帮助想要更改合同的船东和船员。

QUOTE

Addendum to the contract of employment dated: XXXXX (hereinafter referred to as “SEA”).

This addendum is agreed between (name and rank of the seafarer), hereinafter referred to as “seafarer”, and (name of the employer which could be shipowner direct or its agents to be clarified appropriately as referred in original employment contract), hereinafter referred to as “employer”.

According to the terms of SEA, the seafarer’s term of employment on board (insert name of the vessel) completes on………. or is due to be completed on …….. (insert date of completion of contract together with usual +/- tolerance period). The agreed place of repatriation in SEA is …..(insert name of place of repatriation in SEA).

The seafarer wishes to terminate the SEA before the termination date and after due consideration of the present exceptional circumstances the employer agrees to this request. Repatriation to the original place of engagement is no longer practical or is unsafe. The alternative place of repatriation is now agreed to be……… (insert new location for repatriation).

The seafarer undertakes that s/he shall comply with all applicable laws including but not limited to any entry or visa requirements imposed on her/him at the alternative place of repatriation. In the event that repatriation to the alternative place becomes impractical or unsafe after the nomination by the seafarer but prior to commencement of the repatriation journey, the seafarer and the employer agree to consider alternative viable places of repatriation.

The seafarer and the employer agree that early repatriation to such agreed alternative place of repatriation shall be deemed as due performance of the employer’s obligation to repatriate the seafarer and the employer will be released from any and all further obligations towards the seafarer under the contract of employment including any obligations imposed under the applicable CBA and/or the Maritime Labour Convention and/or applicable laws other than those which have accrued to the date of repatriation and not yet been discharged.

UNQUOTE

需要注意的是，该模板只能用作一般指导。使用此条款的会员都应寻求独立的法律意见，协会也建议会员向战争险保险人调查该情况，因为标准的保赔险责任不包括因战争直接或间接引起的疾病、伤害或死亡。

国际保赔集团人员委员会强调，上述措辞并不作为国际保赔集团批准的措辞组成之一，只是为了在重大动荡时期促进方法和援助的统一。