ILO MLC: Seafarers Employment Agreements

UK MCA issues Marine Guidance Note

UK Maritime & Coastguard Agency (MCA) has issued Marine Guidance Note 477 regarding Seafarers’ Employment Agreements in respect of those vessels to which the MLC Minimum Requirements Regulations apply.

The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarersetc.) Regulations 2014 (the “MLC Minimum Requirements Regulations”) require every seafarer on a ship to which they apply to have an individual Seafarer Employment Agreement (an “SEA”).

According to ILO Maritime Labour Convention:

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Every seafarer employed on a vessel to which the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 (“the MLC Minimum Requirements Regulations”) apply must have a legally enforceable Seafarer Employment Agreement (an “SEA”).
An SEA must include the minimum information specified in the MLC Minimum Requirements Regulations, set out at Annex 1 to this Notice.
The notice period for termination of an SEA must be at least seven days, and must not be shorter for the shipowner than for the seafarer.
An SEA may consist of more than one document; for example, it may include a CollectiveBargaining Agreement.
If an SEA is not in English, an English translation must be provided on board the ship.
A recommended model format for an SEA for an employed seafarer is provided at Annex2 to this MGN, if required. The format is not mandatory however all the required information must be included in any alternative form of Seafarer Employment Agreement.
When a seafarer’s work on a ship comes to an end, the seafarer must be provided with arecord of their service on board the ship.
Ships not subject to the MLC Minimum Requirement Regulations will remain subject tothe provisions of the Merchant Shipping (Crew Agreements, Lists of Crew and Dischargeof Seamen) Regulations 1991. MGN 474 (M) sets out the requirements for such ships

Duty to enter Seafarer Employment Agreement

Every seafarer working on a UK sea-going ship to which the MLC Minimum Requirements Regulations apply must have a written SEA with another person in respect of the seafarer’s work on a ship, which contains at least the information specified in Schedule 1 to the MLC Minimum Requirements Regulations

Where the seafarer is directly employed by the shipowner the SEA should be between the seafarer and the shipowner and must be signed by both the seafarer and the shipowner or an authorised signatory of the shipowner. Any signatory authorised by the shipowner to sign SEAs for seafarers working on the ship should be named in Part 2 of the Declaration of Maritime Labour Compliance for the ship.

Where a seafarer is not directly employed by the shipowner but is employed by a third party(e.g. a manning agency), the employer must be a party to the SEA. In such cases, the shipowner (or an authorised signatory of the shipowner) must also sign the agreement to guarantee that the shipowner will meet any obligations of the employer to the seafarer under the SEA, which fall under Parts 1 and 2 of Annex 1 to this MGN, if the employer fails to meet those obligations. The “Model Format for a Seafarer Employment Agreement for an Employed Seafarer” (see Annex 2 to this MGN) accordingly makes provision for both theemployer and the shipowner, as well as the seafarer, to sign the SEA.

In every case, both the seafarer and the shipowner must have copies of the SEA signed by all the relevant parties

Further details may be found by reading UK MCA Marine Guidance Note – MLC 2006: Seafarers’ Employment Agreements