The RMI Maritime Administrator has observed during flag State inspections that cadets are working overtime hours on re-occurring basis. This fact is also being picked up by PSC who are issuing Code 17s and require payment of overtime.
Through the new Marine Safety Advisory No. 34-20, RMI warns that PSC deficiencies are frequently being issued over cadet working hours or missing or unavailable training records.
Cadets are seafarers and, therefore, must be covered under a seafarers’ employment agreement (SEA) or a training agreement in lieu of a SEA.
Most training agreements provide for a monthly lumpsum payment, a stipend. The agreements do not include overtime as do standard SEAs. Thus, it is understood that the cadets are to work normal hours. Normal working hours in port and at sea mean eight hours per day (see also RMI Maritime Regulations (MI-108), §7.51.5a(1)).
During a recent PSC inspection, records for an onboard training program were not available onboard. In another case, PSC determined that a licensed Electro-Technical Officer (Reg. III/6 of STCW) could not serve as cadet. The PSC officer issued deficiencies stating that the contracts needed to be changed per joining date and the wages paid per the Collective Bargaining Agreement scale.
The Administrator advises that cadets must either be covered under a SEA that includes overtime or adhere to normal working hours under a training agreement where overtime is not specified. In addition, documentation should be available onboard to show that the cadet training program is followed for the period that the cadet is on board,