Model Seafarer Employment Agreement

Since the maritime labour convention (MLC) came into force, binding minimum standards have been applied worldwide to seafarers` employment contracts and wage pay. A seaman`s employment contract must be signed by both the sailor and the employer/owner. The MLC regulations state: – Every sailor has the right to a safe workplace, in accordance with safety standards. All seafarers must have a written employment contract with the employer/owner. In accordance with the MLC`s A2.1 standard, seafarers` employment contracts must in any event contain the following information: and: – the conditions of a sailor`s employment must be defined or described in a clear and legally enforceable written agreement and must comply with the standards established by the code. The AES is a contractual agreement between each crew member and the ship`s owner, representative or owner. (In most cases, the owner has little to do with yacht management; since many yachts are owned by a company and operated by a management company, we will now only go to the “employer” to cover all three units.) Prior to the introduction of the MTC, most flag states required “occupancy agreements” defining the main conditions of employment. The flag state had to approve the crew agreements before they were implemented by the ship, but a document was sufficient for the entire crew, signed by individuals upon the ship`s entry and exit. With the introduction of the MLC, all that has changed. The MLC sets minimum requirements for almost every aspect of seafarers` working conditions – in fact, a “Bill of Rights.” In addition, dedications to ships under the Red Ensign flags became obsolete when the MLC came into effect. Thus, any sailor working on a commercial yacht must now have a seaman`s contract authorized by the Flag State (SEA). Every sailor has the right to health protection, medical care, social protection measures and other forms of social protection.

Any sailor working on a British sea vessel subject to the minimum requirements of the MLC must have a sea written with another person regarding the sailor`s work on a vessel containing at least the information specified in Schedule 1 of the MLC Minimum Requirements Regulations The Merchant Shipping (Minimum Requirements for Seafarersetc). The 2014 MLC Minimum Requirements Regulations require that each sailor on board a vessel for which he is applying has an individual seaman`s employment contract (an “AES”). The sailor must have the opportunity to review and advise the employment contract before signing. The shipowner ensures that copies of the employment contract are placed on board for inspection. If the sailor is employed directly by the shipowner, the sea must be located between the sailor and the shipowner and signed by both the sailor, the shipowner or an authorized signatory of the shipowner. Any signatory authorized by the shipowner to sign SEAS for sailors working on the vessel should be mentioned in the second part of the declaration on compliance with the rules relating to maritime work for the vessel. If a sailor is not employed directly by the shipowner, but by a third party (for example. B of a crew agency), the employer must be a contracting party to the SUP.

In such cases, the shipowner (or an authorized signatory to the shipowner) must also sign the agreement to ensure that the shipowner will fulfill all of the employer`s obligations to the sea under Parts 1 and 2 of Schedule 1 of this MGN if the employer does not comply with these obligations.