OF THE EMBARKATION CONTRACT OF THE OFFICERS AND CREW OF THE SHIPS OF THE

NATIONAL MERCHANT MARINE

Paragraph 1.

Article 96. Seafarers or crew refers to those who, under contract,

embarkation, exercises professions, trades, or occupations on board ships or naval artifacts.

Article 97. Seafarers, to work on board, must hold a license and

a license or a registration, as appropriate, all documents of national validity,
granted by the General Directorate of Maritime Territory and Merchant Marine, in accordance with
regulatory standards that allow for the assessment of knowledge and professional suitability of
interested. The documents mentioned in this section will be granted to any person who requests them.
request and meet the regulatory requirements.

Access to the vessels and their stay on them will be controlled by the maritime authority, which
For reasons of order and security, access may be denied to any person.

Article 98. The charter contract is the one entered into by seamen with the shipowner, whether...
this acts personally or represented by the captain, by virtue of which they agree in
provide on board one or more vessels of the shipowner, services typical of maritime navigation, and
this is to receive them on the ship, feed them and pay them the salary or remuneration that has been established
agreed.

This contract must be authorized at the Port Captaincy on the coast and at the consulates of
Chile when celebrated abroad. The parties shall also be governed by the provisions
special laws that establish regulations on navigation.

The clauses of the shipping contract shall be understood to be incorporated into the respective contract of
work, even if it is not documented in writing.

Article 99. The seamen hired for the service of a ship constitute its crew.

Article 100. The ship's crew consists of the captain, officers, and crew members.

The officers, according to their specialty, are classified into deck personnel and personnel of
machine and general service, and the crew in deck staff and engine room personnel.

The officers and crew will perform the functions assigned to them on board the vessels.
by the captain, in accordance with the agreement made by the parties.

Article 101. Only in cases of force majeure, qualified by the ship's captain, of which must be
leave a record in the logbook of this, the supply will be obliged to carry out
other tasks, apart from those indicated in article 100, not subject to the established conditions
in article 12.
Article 102. For the purposes of this paragraph, an employer is any owner, shipowner, or operator.
any title of a national merchant ship

Article 103. The boarding contract, in addition to what is stated in Article 10, must indicate:

a) Name and registration of the ship or ships;

b) Assignments and per diem that are agreed upon, and

c) Port where the contractor must be reinstated.

Article 104. The captain will only take on officers or crew members who have noted in their book the
disembarkation of the vessel in which they have previously served. This annotation must carry the
signature of the maritime authority, or of the respective consul if the disembarkation has occurred in the
foreigner.

Article 105. If due to extraordinary reasons the ship sets sail with some officer or
crew member who has not signed their boarding contract, the captain must rectify this.
omission in the first port where I dock, with the intervention of the maritime authority of this;
but, in any case, the individual on board must have been registered in the ship's roll.

If due to the lack of a temporary written agreement between the seafaring man on board

under these conditions and the captain, if there is no agreement between the parties when legalizing the contract, the
The maritime authority will investigate the case to authorize the disembarkation and restitution of the individual to
port of origin, if he thus requests it. In any case, the seafarer will have
right to be paid for the time served, under the conditions of the contract of those who
they perform a position equal to or analogous; in the absence of these, the conditions will be adhered to in which
would have served its predecessor; and if it had not existed, to those that are customary to stipulate in
the port of embarkation for the performance of analogous cargo.

Article 106. The weekly working hours of seafarers shall be fifty-six hours distributed over
eight hours daily.

The parties may agree on overtime hours without being subject to the maximum established in the article.
31

Notwithstanding what is stated in the first paragraph and only for the purposes of the calculation and payment of the
Remunerations, any excess of forty-five hours per week will always be paid with a surcharge.
established in the third paragraph of article 32

Article 107. The shipowner, directly or through the captain, will make the distribution of the
days that the previous article refers to.
Article 108. The provision of article 106 does not apply to the captain, or to whoever replaces him.
should be considered as functions of continuous and sustained work while it remains at
burgundy.

Nor shall this provision apply to the chief engineer, the commissioner, the doctor, the telegraph operator to
cargo of the radio station and to any other official who, in accordance with the regulations of
worked on board, served as head of a department or service of the ship and, in such
character, must oversee the ordinary and extraordinary work of their subordinates.

Article 109. Work on Sundays or holidays will not be mandatory when the vessel is
anchored in port. The duration of work in the corresponding week may not be
this case exceeds forty-eight hours.

Article 110. On Sundays or holidays, no other work shall be required from the staff than
those that cannot be postponed and are essential for service, safety, hygiene
and cleaning of the ship.

Article 111. The Sunday rest established by the previous article shall have no effect on
on Sundays or holidays when the vessel enters or leaves the port, in cases of force
neither regarding the staff in charge of passenger service nor the workers
that they remain on board the ship.

The employer must grant a day of rest at the end of the embarkation period.
compensation for activities carried out on all Sundays and holidays when the
workers should have provided services during the respective period. When it has been
Accumulated more than one day of rest in a week, the provisions of the fifth paragraph will apply.
of article 38

Article 112. For the distribution of the working day and shifts, as well as to determine
specifically in the onboard work regulations, the tasks that must be paid for as
During overtime, the onboard service will be divided into sea service and port service.

The rules of maritime service may apply not only when the vessel is in the
but in open roadstead, also all the times that the vessel remains less than
twenty-four hours in sheltered anchorage or port of call.

Conversely, the port service rules may be applicable whenever the ship
stay more than twenty-four hours in sheltered anchorage or port of call, or in cases where
the ship spent the night or part of the night in the port of registration or in the destination port of
line or usual return of the trip.

However, the maritime service, in whole or in part, will be maintained during the departure and arrival to
port and in dangerous areas, for the necessary time for the execution of the work of
security (to anchor, to lift, to tie, to light the fires, etc.), and monitoring of the movement of the
passengers on arrival and departure days.
Article 113. For maritime service, the personnel of deck and engine officers are
the general service officers will be distributed in shifts and in teams. Likewise, the
Crew members shall work in shifts or teams as determined by the captain.

The distribution of work at sea can also include the attentions and tasks of the day.
and at night, collective and discontinuous, aimed at ensuring hygiene and cleanliness of the
ship, the good operating condition of the machines, the rigging, the material in general and of
certain special services that the regulation will specify.

Article 114. For port service, the entire crew will be grouped by categories to carry out
the workday, except for the night watch staff and those in charge of the
services that require continuous operation (boilers, refrigerators, dynamos, services of
passengers, etc.), who will work distributed in shifts or teams, during day and night, without
interruption.

Workers who are on port watch duty will be available.

from the employer for twenty-four hours, therefore, must remain on board.

Article 115. The regulatory work framework, both at sea and in port, within limits
from the legal day and in accordance with the modalities of this article, it shall be prepared and
signed by the captain, endorsed by the maritime authority to establish its compliance with the
regulations of work on board, posted in a place on the ship, of free and easy access.

The modifications to this table, which were essential to introduce during the trip, will be
recorded in the ship's log and communicated to the maritime authority for approval or
sanction for the unjustified alterations that may have been made.

Article 116. The minimum rest for workers referred to in this paragraph will be eight
continuous hours within each calendar day.

Article 117. Overtime hours do not entitle to additional pay.

what the captain ordered under the following circumstances:

a) When the safety of the ship or the people on board is in danger due to
force majeure circumstances;

b) When it is necessary to save another vessel or any other boat or to avoid loss
of human lives. In these cases, the compensation received will be distributed in
in accordance with what was agreed or, alternatively, with international customary law, and

c) When it is necessary to instruct personnel on fire drills, lifeboats and

other rescue maneuvers and exercises.

Article 118. The extraordinary work that must be performed outside of shift for safety
From the ship or fulfillment of the travel itinerary, it will not grant the officer the right to overtime.
responsible, when caused by nautical or professional errors or negligence on their part,
whether in the navigation or maintenance of the ship at sea, or in the loading, delivery, or reception of
the load; without prejudice to the disciplinary sanctions that maritime regulations authorize.

They will also not have the right to overtime for work outside of shifts, the machine operators,
when, under similar circumstances, they are responsible for damages or errors that occur
during their respective shift.

Article 119. Meal hours shall not be considered for the purposes of the regular workday.
of work.

Article 120. No person on a vessel's crew may leave their job without the
intervention of the maritime or consular authority of the port where the vessel is located.

Article 121. If the vessel undertakes a voyage whose duration is to exceed one month or more
At the end of the contract, the contractor may terminate it with four days' notice.
less, at the exit of the ship, after which the contract will be resolved.

When the contract expires offshore, it will be understood as extended until the arrival of
the ship to the port of its registration or that in which it must be restored as contracted. But, yes before
if I touch the ship at any national port and it takes more than fifteen days to arrive at the
of restitution or of registration of the vessel, either party may terminate the
contract, with the contractor being reimbursed by the shipowner.

Article 122. When any individual from the supply is called to military service, they will remain
Once the contract is finished, the shipowner or the captain, on their behalf, will be obliged to cover the costs.
passage to the conscription port.

Article 123. If a ship is lost due to shipwreck, fire, or other similar disasters, the
The employer must pay the maritime workers compensation equivalent to two months of
compensation. This indemnity will be charged to any other of a similar nature that
could be stipulated in the employment contracts.

In addition, the seaman shall have the right to be compensated for the loss of his belongings.
personal.

Article 124. In cases where the ship lost due to shipwreck or other causes is insured, it
they will pay with the insurance, preferably ahead of any other debt, the sums owed to the crew
for wages, layoffs, and compensations.

In the case of eviction and compensation, the preference will be limited to the amount established in the
fourth paragraph of article 61

Article 125. To the officers and crew members who have worked after the shipwreck for
collect the remains of the ship or as much of the cargo as possible will be paid, along with a bonus
provided for the efforts made and the risks faced to achieve the rescue.
Article 126. In cases of illness, all the crew members will be assisted at the expense of
of the shipowner during their stay on board.

When the illness is not included among work-related accidents, it will be governed by the
following rules:

1.- The patient will be disembarked upon arrival at the port, if the captain, after a medical report, deems it necessary.
necessary and the shipowner will be responsible for the costs of illness on land, unless the
disembarkation takes place in a Chilean port where sustained medical attention services exist
for the forecasting systems to which the patient is affected. The travel expenses to the port
the costs of restitution will be the responsibility of the shipowner, and

2.- When the illness is harmful to the health of those on board, the sick person will be
disembarked at the first port the ship touches, if he does not refuse to receive it, and will have the
same rights established in the previous number.

In the event of the death of any crew member, the costs of transferring the remains
Up to the point of origin will be the responsibility of the shipper.

Article 127. Officers or crew members who do not lose the continuity of their services
they would have served the owner of the vessel and that, by leasing it, they would start providing services
to the tenant or shipowner.

Article 128. The salaries of the officers and crew shall be paid in national currency or in their
equivalent in foreign currency.

Payments will be made in arrears on a monthly basis, if it concerns officials and if the contract is
would have been agreed for a fixed term; in the case of crew members, it will be subject to what would have been established

stipulated.

In the contracts signed for round trip, the salaries will be paid upon completion. However,
the officers and crew will have the right to request advances of up to fifty percent of
accrued wages.

Article 129 When for any reason, the vessel is in port, the employer does not
can provide accommodation, food, or transportation to people at sea, in the country or in the
foreigners will need to pay per diem to cover all or some of these expenses depending on the case.

Article 130. The provisions of this paragraph and those specific to the operation of the vessel are
they will also apply to national officers and crew members on board ships
foreigners, as long as they are leased or chartered with purchase commitments by shipowners
Chilean nationals, or onboard Chilean ships leased or chartered by foreign shipowners.

Article 131. The provisions of this paragraph shall not apply to workers on board.
smaller vessels, unless otherwise agreed by the parties.
Article 132. The President of the Republic shall establish the minimum requirements in the regulation.
necessary order and discipline, for the safety of the people and the ship. Regarding the
The work regime on the vessel will correspond to the employer to dictate the respective regulations.
internal, in accordance with articles 153 and following of this Code, whoever it may be
number of components of the ship's equipment.