SEAFARER EMPLOYMENT AGREEMENT
*** Guidance ONLY ***
1. The terms and conditions for employment of a seafarer shall be set out or referred to
in a clear written legally enforceable agreement and shall be consistent with the
standards set out in the Code.
2. Seafarers' employment agreements shall be agreed to by the seafarer under conditions
which ensure that the seafarer has an opportunity to review and seek advice on the terms
and conditions in the agreement and freely accepts them before signing.
3. To the extent compatible with the member's national law and practice, seafarers'
employment agreements shall be understood to incorporate any applicable collective
bargaining agreements.
Source : Maritime Labour Convention, 2006
RECOMMENDED FORMAT FOR SEAFARER EMPLOYMENT AGREEMENT PARTICULARS REQUIRED TO BE
INCLUDED BY THE MLC
This Agreement is between:-
.
. (insert Seafarers full name)
..
.........................
. (insert date of birth or age (see Note
1)
.
.
..
(insert place of birth town and country)
AND
................................................................................(insert
Shipowners name)
OF...........................................................................(insert
Shipowners full address)
Capacity in which seafarer is to be employed
The capacity in which you are initially employed is
..
.......................
(insert capacity)(see Note 2)
Place of Work
You will be employed on
..
..(see Note 3)
Wages
Your wages will be
(insert amount and currency) per week*/month*/year*
(delete as appropriate) or formula for determining wages (see Note 4)
Means of payment of Wages
Your wages will be payable by
. [insert method of payment] at weekly*/monthly*
(delete as appropriate) intervals on the
.[insert number] day of each
..
week*/month* (delete as appropriate)
[Overtime hours i.e. hours worked outside of normal working hours will be paid at a rate
of
(insert overtime rate] (Delete this sentence if not applicable)
Paid Annual Leave
You are entitled to take
.(insert number) (see Note 5) working days as paid
leave in each year of employment.
If your employment commenced or terminates part way through the holiday year, your
entitlement to paid annual leave will be assessed on a pro rata basis. Deductions from
final salary due to you on termination of employment will be made in respect of any paid
annual leave taken in excess of your entitlement.
There is no provision for the carry over of paid annual leave from one year to the next.
All paid annual leave must be taken in the year in which it accrues. There is also no
provision for payment to be made in lieu of untaken leave except where paid annual leave
has accrued but has not been taken at the date of termination of employment.
Notice of Termination of Employment (Delete whichever is not applicable) (See Note
6)
Definite Period Agreement
Your employment is for a period commencing on
[insert date] and ending on
..
[insert date] unless it is terminated for justified reasons in advance of this point or
the ship is at sea at that point time in which event it will continue until its arrival
in port at which point it will terminate,
OR
Indefinite Agreement
The length of notice which you are obliged to give to terminate your employment is
[insert notice period which is to be not less than seven days].
The length of notice which you are entitled to receive from the shipowner to terminate
your employment is [insert notice period which is to be not less than seven days].
OR
Voyage Agreement
Your employment is for the length of the voyage of [ship] commencing on
[insert
date] from the port of
.[insert name of port] until
[insert date] or the
vessel's arrival in the port of
.[insert name of port]] at which point it will
terminate, unless it is terminated for justified reasons in advance of this point.
Health and Social Security Benefits (see Notes 7 and 8)
If you become sick or injured whilst on a voyage, you will be paid your normal basic
wages until you have been repatriated in accordance with the repatriation provisions set
out below. After you have been repatriated you will be paid
.per cent .[insert
number] of your normal basic wages up to a maximum of
.weeks [insert number
which shall be 16 or above] less the amount of any Statutory Sick Pay or Social security
Sickness Benefit to which you may be entitled for
..[insert number] working days
in total in any one sick pay year]
If you require medical care while you are on-board this will be provided free of charge,
including access to necessary medicines, medical equipment and facilities for diagnosis
and treatment and medical information and expertise. Where practicable and appropriate,
you will be given leave to visit a qualified medical doctor or dentists in ports of call
for the purpose of obtaining treatment.
In the event of sickness or incapacity, you will be provided with medical care,
including medical treatment and the supply of necessary medicines and therapeutic
devices and board and lodging away from home until your recovery or until your sickness
or incapacity has been declared of a permanent character, subject to a maximum period
of
weeks [insert number which shall be 16 or above]. In addition the shipowner will
meet the cost of the return of your property left on board to you or your next of kin.
In the event of your death occurring on board or ashore during a voyage, the shipowner
will meet the cost of burial expenses, or cremation where appropriate or required by
local legislation, and the return of your property left on board to your next of kin.
Repatriation (see Note 9)
You will be entitled to repatriation, at the expense of the shipowner, if you are away
from your country of residence when this agreement is terminated:-
by the shipowner by you in the event of illness or injury or other medical condition
requiring your repatriation, the event that the ship is proceeding to a Warlike
Operations Area or the event of termination or interruption of employment in accordance
with an industrial award or collective agreement.
In circumstances where you are no longer able to carry out your duties under this
agreement or cannot be expected to do so e.g. shipwreck, the sale of your ship or a
change in your ships registration.
The entitlement to repatriation entails transport by
(insert means of transport)
to...............................................(insert place name or country).:
NOTE - You may not be entitled to repatriation at the expense of the shipowner in
circumstances where you have been dismissed on disciplinary grounds or have breached
your obligations under this Agreement. In such circumstances the shipowner will still be
liable to repatriate you but is entitled to recover from any wages due to you the cost
of doing so.
Maximum duration of service periods after which you are entitled to repatriation The
maximum period of service following which you will be entitled to repatriation at no
cost to you is
.weeks (insert number of weeks) (See Note 10)
Applicable Collective Bargaining Agreement(s)(delete if not applicable)(see Note
11)
You employment will also be subject to the Collective Bargaining Agreement(s) entered
into on
(insert date(s)) between the shipowner and
..(insert details of the other parties to the collective bargaining
agreement(s)) except that where any provision(s) of such collective bargaining
agreement(s) conflicts with International or UK law such provision(s) shall not apply to
your employment under this Agreement..
ADDITIONAL PARTICULARS REQUIRED TO BE INCLUDED BY THE UNITED KINGDOM
LAW
Hours of Work (see Note 12)
.
Your normal hours of work are from
..[insert time] to
..[insert time] on
[insert day of week] to
[insert day of week] inclusive.
Your hours of work will be arranged such as to ensure that you receive a minimum of 10
hours available for rest in each 24-hour period and a minimum of 77 hours rest in each
seven-day period. This minimum period of rest may not be reduced below 10 hours except
in an emergency.
You may be required, at the absolute discretion of the Master, to work additional hours
during an emergency affecting the safety of the ship, its passengers, crew or cargo or
the marine environment or to give assistance to other ships or persons in peril. You may
also be required to work additional hours for safety drills such as musters,
fire-fighting and lifeboat drills. In such circumstances you will be provided
subsequently with (a) compensatory rest period(s).
Grievance and Disciplinary Procedures
(a) Grievances
If you have a grievance regarding your employment you should follow the ship owners
grievance procedure a copy of which will be provided to you when you join the vessel.
(b) Disciplinary Rules and Procedure
The disciplinary rules applicable to you are set out in the Code of Conduct for the
Merchant Navy, which has been agreed between the Chamber of Shipping, Nautilus
International and the National Union of Rail, Maritime and Transport Workers; or the
Shipowners Code of Conduct . (Delete as necessary)
If you are dissatisfied with any disciplinary decision taken in relation to you, you
should refer to the disciplinary procedure set out in the Code of Conduct which can be
obtained from
..[state from where Code of Conduct can be obtained].
Pension benefits (Delete whichever is not applicable) (see Note 13)
You will be entitled to the following pension or other benefits
.(insert full
details including whether contributory (if so at what rate(s)) or non-contributory and
when payable etc.).
OR
You will be entitled to join the
.pension scheme (insert details
OR
There is no pension or other benefit entitlement attached to this employment.
Compensation in respect of loss of personal property as a result of the loss or
foundering of the vessel
Where you lose personal property, as a result of the vessel on which you are serving
foundering or being lost, the shipowner will pay compensation up to a maximum of
.
(insert amount).
ADDITIONAL PROVISIONS INCLUDED BY SHIPOWNER (See Note 14)
Signature of Seafarer
......................
.
Signature of Shipowner or Shipowners representative
....
(State position held)
Place where this Agreement is entered into
(see Note 15)
Date when this Agreement is entered into
..
......
NOTES
Note 1 - insert date of birth or age - Normally the date of birth should be
inserted in full.
Only in exceptional circumstances should the seafarers age be inserted.
This should be the seafarers age at the time the SEA was signed and should be inserted
only where there is no means of establishing the seafarers actual date of birth e.g.
because the seafarer comes from a country where birth records are not accurate or for
various reasons no longer exist and the seafarer himself does not know his actual date
of birth.
Note 2 - Capacity in which seafarer is to be employed - This will be the
capacity in which the seafarer is to be employed at the time the SEA is signed by the
parties to it. Given that an SEA may run for a considerable length of time if the
seafarer remains with the same shipowner, it is possible that the capacity in which the
seafarer is employed could change over time. The shipowner may wish to consider whether
a new SEA will be issued at such time or alternatively include a provision indicating
how any changes to capacity will be dealt with e.g. by means of a letter setting out the
new capacity and the relevant wage scale.
Note 3 Place of Work should state either the name of the vessel on which the
Seafarer is to be employed where this is known or may state that Place of Work may be
on any vessel owned, managed or chartered by the shipowner. where the seafarer may be
employed on more than one vessel.
Note 4 Wages - As with Capacity (Note 2 above) wages payable to the
seafarer are likely to change if employed by the same shipowner over a significant
period of time. When completing the Wages entry in the SEA, the shipowner will
therefore need to bear this in mind and include appropriate wording to cover any future
wage increases e.g. by providing for the wage to increase as notified to the seafarer in
writing.
Note 5 Paid Annual Leave - The period of paid annual leave must be not less
than that specified in the Maritime Labour Convention, 2006 Standard A2.4. Where it is
more appropriate to do so, the formula to be used for calculating annual leave, e.g. 2.5
days per month of employment, may be inserted instead of an actual number of days.
Note 6 Notice of Termination of Employment - The period of notice required to
be given to the seafarer by the shipowner must not be less than that required to be
given to the shipowner by the seafarer and, except in the case of a fixed term or voyage
agreement, must be not less than seven days.
Note 7 Health and Social Security Benefits - On a UK registered vessel the
provision of medical care includes any surgical or medical treatment or such dental or
optical treatment (including the repair or replacement of any appliance) as cannot be
postponed without impairing efficiency.
Note 8 Social Security Benefits - These include payment by the shipowner of
any costs incurred in respect of any sickness or injury occurring between the date on
which they commenced duty on board a ship and the date on which they are deemed to have
been duly repatriated.
This also includes payments that shipowners are required to make in respect of the death
or long term disability of a seafarer due to an occupational injury, illness or hazard
occurring while the seafarer is serving under a seafarers employment agreement or
arising from their employment under such agreement.
Where appropriate, account should also be taken of all current UK legislation governing
health and social security protection benefits and the SEA should specify what, if any
social security contributions are being made by the shipowner on the seafarers behalf
and to which administration. If no contributions are being made, the SEA should state
should state that the seafarer should make their own arrangements to pay social security
contributions where appropriate.
Where appropriate it is recommended that details also be included of any entitlement to
other benefits (e.g. State Sickness Benefit, State Maternity Benefit, etc.) to which a
seafarer will be entitled and the level of seafarer contribution, if any, towards such
benefits.
Note 9 - Repatriation - The terms and conditions governing entitlement or
otherwise to repatriation for seafarers employed on UK registered vessels will be set
out in new regulations amending the Merchant Shipping (Repatriation) Regulations 1979 to
fully comply with Regulation 2.5 and Standard A2.5 of the Maritime Labour Convention.
The destination for repatriation must be one of the following:
the place where the seafarer signed their employment agreement;
their country of residence;
the place specified in any applicable collective agreement; or, subject to the agreement
of the shipowner, another place of the seafarer's choosing.
Note 10 - Maximum duration of service periods after which you are entitled to
repatriation
The maximum period of service following which a seafarer will be entitled to
repatriation is to be not more than 52 weeks minus the period of statutory paid annual
leave - see note 5.
Note 11 - Applicable Collective Bargaining Agreement(s) - Seafarers Employment
Agreements may, where applicable, incorporate any applicable collective bargaining
agreements. Therefore the terms and conditions contained in a collective bargaining
agreement should be appended to, or incorporated by reference into, and thus form part
of a Seafarer Employment Agreement.
Collective bargaining Agreements may not however be substituted entirely for individual
Seafarer Employment Agreements in respect of seafarers employed on UK registered
vessels.
It should also be noted that in the event of any conflict between the provisions of a
collective bargaining agreement and UK general or merchant shipping legislation, the
relevant UK legislation will prevail.
Note 12 Hours of Work - The hours of work for seafarers employed on UK
registered vessels must comply with the requirements of the Merchant Shipping (Hours of
Work) Regulations 2002 (as amended) or any subsequent Regulations which may further
amend or replace those Regulations.
Note 13 Pension benefits - Where appropriate it is recommended that details
also be included of any entitlement to additional pension benefits (e.g. State Pension)
to which a seafarer will be entitled and the level of seafarer contribution, if any,
towards such benefits.
Note 14 Inclusion of Additional Provisions by Shipowner It is recognised
that there will be occasions on which shipowners wish to include provisions additional
to those set out in the Maritime Labour Convention. There is no objection to the
inclusion of such additional provisions however any such provisions must not conflict
with the provisions of UK general or merchant shipping legislation or any international
instruments which have been ratified by the United Kingdom.
The Maritime and Coastguard Agency will not be checking and approving additional
provisions, as it currently does for crew agreements, and it will therefore be the
responsibility of the shipowner to ensure that there is no conflict. Failure to do so
may result in refusal to issue a Maritime Labour Certificate or its cancellation if one
has already been issued.
In the context of non-compliance, some provisions have previously been found in crew
agreements which, if included in Seafarer Employment Agreements, could result in refusal
to issue, or cancellation of, a Maritime Labour Certificate. Examples of these, which
would apply also to Seafarer Employment Agreements, include:-
requiring that all seafarers belong to a union
Under UK law there is no obligation on any worker to belong to a union requiring
that seafarers join a specified union.
- Apart from the previous provision regarding choice on whether or not to join a
union, such a provision would also conflict with the International Labour
Organisation Convention on Freedom of Association. This Convention has been ratified
by the UK and provides that workers shall be free to form and join organisations of
their own choosing.
requiring that by signing the agreement seafarers automatically agree to medical
information about themselves being passed to the shipowner or another party acting on
behalf of the shipowner.
- This is not acceptable and may only be done with the specific prior authority of
the seafarer on each occasion the shipowner requests that such information be made
available
requiring that by signing the agreement seafarers automatically agree to sensitive
personal data (as defined in the Data Protection Act) about them being passed to other
individuals or organizations as determined appropriate by the shipowner or another party
acting on behalf of the shipowner.
- This also is not acceptable as such individuals/organisations may potentially be
located in countries that do not have data protection legislation or have legislation
that does not provide similar protection to that of the UK. Such transfer of
sensitive personal information may only be undertaken with the specific prior
authority of the seafarer on each occasion the shipowner proposes that such
information be passed to another individual or organisation
requiring that a seafarer bear the cost of his repatriation, and the cost of providing
his replacement, should he terminate his employment prior to completing the specified
period of employment even though he gave the period of notice to terminate his
employment that was required by the agreement.
- Under UK legislation a seafarer can only be charged the cost of his repatriation if
he has breached his obligations under the agreement or has been dismissed on
disciplinary grounds. The giving of the period of notice specified in the agreement
would not constitute breach of the seafarers obligations even if it terminated his
employment before the date envisaged in the agreement.
This list is illustrative only and should not be taken as listing all provisions that
would be considered unacceptable.
Note 15 The Place where Agreement is entered into should state the name of
village, town or city and country where Agreement is signed by the parties to it