Seniority allowances Clause Samples
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Seniority allowances. 1. The seniority allowance, equivalent to 4% of the guaranteed wage, is cal- culated after 3, 7, 10 and 13 years of service and, starting from 1 January 2002, after 16 years of service (service here refers to the total duration of the employment relationship). On vessels registered in EU or EEA member states and on foreign vessels belonging to the shipowner, all years served in a crew position shall be taken into account when calculating an employee’s seniority allowance entitlement. The time entitling to a seniority allowance shall be spent in employment in coastal or further distance traffic.
2. When calculating the time entitling an employee to a seniority allowance, shipowners with shared management and pairs of shipowners in which one has an at least 51% ownership of the other are considered one shipowner.
3. The time entitling to a seniority allowance shall also include the time during employment when an employee has been prevented from working for the fol- lowing reasons:
1) annual holiday of other employees;
2) military reserve exercises or extraordinary military service, if the employee has returned to work as soon as such hindrance ended;
3) an interruption referred to in paragraph 3 of Section 3(2) of the Seamen’s Annual Holiday Act;
4) a medical examination referred to in the Occupational Health Care Act (1383/2001) or the act on seamen’s medical examinations (Laki laivaväen lääkärintarkastuksista 1171/2010) or ordered by the employer or as a re- ▇▇▇▇ of any sickness or accident;
5) maternity leave, special maternity leave, paternity leave, or parental leave referred to in the Seafarer’s Employment Contracts Act;
6) municipal or other public elective function or appearance as a witness in a court of law testimonial which the employee was not entitled to refuse ac- cording to the law, or refusal of which would only have been permitted for a special cause stated in the law;
7) an order issued by the authorities to prevent the spreading of a disease;
8) travel required by work, if these travel days are not otherwise counted as working days for the employee;
9) for any other reasons if the employer is by law required to pay the employ- ee remuneration for such time despite of his absence;
10) with the employer’s consent, taking part in training required by the work, however so that only 30 days at a time are counted as equivalent to working days.
Seniority allowances. An employee is entitled to a seniority allowance after 3, 5, 8, 11 and 14 years of employment irrespective of the shipowner. One seniority allowance always corresponds to 3% of the guaranteed wage. With the protocol of signature concerning the entry into force of the new passenger vessel agreement and signed on 13 February 2001, the parties have agreed on the following application guidelines on the introduction of the new seniority allowance system: The seniority allowance system under the new agreement shall be introduced so that seniority allowances gained under the old agreement shall remain valid when the new agreement enters into force. If an employee has gained seniority allowances of more than 15% during the old agreement, he or she shall not accrue new ones during the period of validity of the new agreement. If an employee has gained seniority allowances of less than 15%, under the new agreement he or she will accrue seniority allowances in the following manner: when the employee has worked for the number of years that entails him or her to a new seniority allowance, the employee is entitled to a seniority allowance in accordance with the new system. However, the allowance shall not exceed the allowance to which the years worked would entitle the employee under the new agreement. For instance, an employee who already receives a seniority allowance of 30%, shall receive a seniority allowance of 30% also when the new agreement enters into force. An employee who receives a seniority allowance of 15% shall maintain the allowance when the new agreement enters into force but shall no longer be entitled to new seniority allowances. An employee who receives a seniority allowance of 10%, shall after 11 years be entitled to a seniority allowance of 12%. An employee who has under the old agreement received a seniority allowance of 20, 25 or 30% and starts working for a different shipowner during the validity of the new agreement is entitled to a seniority allowance of 20% from the new shipowner. When calculating the time entitling an employee to a seniority allowance, shipowners under shared management are considered one shipowner. At the beginning of an employment relationship, an employee shall present appropriate certificates for the aforementioned employment relationships for them to be taken into account. The time entitling an employee to a seniority allowance shall be spent in employment in longer-distance traffic than inland waterway traffic (= near-co...