This article is written by Aarushi Pandey, pursuing Diploma in Advanced Contract Drafting, Negotiation, and Dispute Resolution from LawSikho .

introduction

This article aims to aid in a general understanding of a standard and basic seafarers ’ employment agreement that is not tailored to country-specific guidelines or law. normally, unlike countries have their own plant of rules and regulations consisting of particulars and specifics that deal with seafarers ’ use contracts. however, there are some standard practices common to all jurisdictions that have been addressed in this article along with relevant examples .

What is a contract ?

Cornell Law Dictionary defines a narrow as an agreement between individual parties that creates legally enforceable common responsibilities. reciprocal accept, a legitimate offer and acceptance ; appropriate remuneration ; capability and legality are fundamental components for this agreement to establish a legally enforceable abridge .

What is an employment sign ?

Black ’ s Law Dictionary defines an employment contract as a shrink between an employer and an employee, It is normally voluntary, purposeful, and legally enforceable, making it legally binding. As a condition of employment, the employee must agree to this shrink. employment contracts contain a wide range of processes and/or rules that must be followed by the employer in order to safeguard their own interests. The sign sometimes includes a clock time restrict that prevents the employee from working for a rival or in a comparable field after they leave the firm. This provision is frequently challenged in court.

General definition of seafarers

The term “ mariner ” refers to “ shipboard crew personnel including Ships ’ Officers and seamen/ratings. ” According to Black ’ s Law Dictionary, a “ mariner ” is a person who is connected to a seafaring vessel as an employee below the rank of officeholder and contributes to the vessel ’ mho operation or the accomplishment of its purpose under the Jones Act and the Longshore and Harbor workers ’ Compensation Act of the United States of America, besides known as a crowd penis, a mariner, or a penis of a crew. A typical sailor is a penis of a commercial vessel ’ second crew. Vessels, on the other bridge player, are not restricted to the movement of commodities through the water. The murder of another job by a vessel, functioning as a cruise embark, demands the presence on board of workers who do not ‘ man, witwatersrand, and steer ’ the vessel. exploration for oil and gas in navigable sea has broadened the definition of a seaman .
According to the early legal dictionaries, a “ seaman ” is a person who has been certified qualified by national jurisprudence or regulation to perform any subcontract required of a deck department penis of the crew. The phrases “ seaman, ” “ mariner, ” and “ extremity of the gang ” are used interchangeably with the term “ seafarer. ” A vessel ’ mho crew consists of the Master, officers, and ratings. however, according to some accounts, the crew are members of the ship ’ s ship’s company with a social station lower than that of a ship ’ sulfur officeholder. A gang member is a person who has been assigned by a aircraft carrier to serve aboard a embark, aircraft, barge, or fomite and has their name listed as such .

definition of mariner in International Maritime Labor Law

The word “ mariner ” is defined in several existing international labor treaties that were examined throughout the MLC ( Maritime Labor Convention ) drafting process, and many of them were amended by the MLC. The phrase “ mariner, ” which is regarded as an equivalent term to the term “ mariner, ” is used in the earliest customs. As a solution, under Article 1 ( 1 ) of the Unemployment Indemnity ( Shipwreck ) Convention, 1920 ( No. 8 ), the word “ seaman ” refers to any individual employed on any vessel engaged in maritime navigation. The word bluejacket is defined in Article 2 ( barn ) of the Seamen ’ s Articles of Agreement Convention, 1926 ( No. 22 ) as “ any individual hire or occupied in any capacity on control panel any vessel and recorded on the ship ’ mho articles. ” It does not include masters, pilots, cadets, and pupils aboard training ships, vitamin a well as by rights indentured apprentices, dark blue ratings, and early people in the permanent service of a government .
later conventions use the bible “ mariner, ” which defines a “ mariner ” as any person engaged in any capacity onboard a seagoing ship to which the conventions apply. article I ( 1 ) ( five hundred ) of the 1996 Seafarers Convention Recruitment and Placement ( No. 179 ) provides a slightly different definition : a mariner is anybody who meets the requirements to be hired or engaged in any capacity onboard a seagoing ship. Some conventions include extra criteria for determining who is a mariner. Article 1 ( 7 ) ( five hundred ) of the Labor Inspection Convention 1996 ( Seafarers ) ( No. 178 ) specifies that if there is any uncertainty about whether any groups of people are to be considered seafarers, the central coordinate authority will decide the wonder after consulting the organizations of ship owners and seafarers concerned. Some ILO ( International Labor Organization ) treaties leave the decision of the seafarers ’ group to the penis states ’ decisiveness through national laws, regulations, or collective agreements. Some agreements specifically exclude sealed groups of individuals from the definition of the mariner. In its composition on duplicative or confounding text in the existing nautical instruments of the ILO ( 39 nautical Conventions, a Protocol, and 28 Recommendations ), the Tripartite Subgroup of the High-level Tripartite Working Group on Maritime Labor Standards ( STWGMLS ) ( second gear meet ) on 24-28 June 2002, provides a compendious of “ mariner ” legal definitions in existing maritime conventions : sixteen Conventions define the term “ mariner ” ( seaman ), with three pairs of them ; Conventions Nos. 22 and 23, 70 and 71, and 164 and 166 – having the same definition .
As a result, there are 13 distinct meanings of “ mariner ” in the ILO ’ s marine Conventions. The varied meanings of “ mariner ” serve the diverse purposes and setting of the offprint Conventions, and they vary greatly. The variation in the concept relates largely to the ejection of vessels on which sailors are employed. Although the definitions of “ mariner ” vary importantly across extant labor agreements, the fundamental criteria for a person to be declared a mariner is their job onboard a ship to which the convention applies. early requirements are besides specified, for exercise, employment in the deck department, an entrance in the ship ’ second articles. many ILO agreements are chiefly concerned with the employment condition of people involved in some manner in the mathematical process of the ship, the “ crew. ”

What is a seafarers employment contract ?

Most of the Flag States needed “ crew agreements ” anterior to the initiation of the MLC, which defined the basic conditions of work. Before the vessel could execute the crew agreements the Flag State had to ratify, although a wallpaper was sufficient for all the crew who had been signed while joining and departing the ship. With the arrival of the MLC, all this changed. For about all aspects of the work circumstances of seamen, MLC stipulates minimum requirements – in fact, a ‘ Law of Rights. ’ In addition, the sign articles of ships flying the Red Ensign were disused when the MLC came into force. consequently, every mariner operating on a commercial gravy boat must now obtain a Flag State Seafarer Employment Agreement ( SEA ) .
In particular, the MLC mandates that each pin State has, in terms of crew use, for each crew member a by rights recorded and legally enforceable contract quite than a general crew agreement. This is called an employment agreement for seafarers ( SEA ) .
The MLC Regulations state that:

• Every mariner has the right to work in a condom and plug environment that satisfies safety standards ;
• Every mariner has the correct to reasonable work conditions ;
• According to the MLC Regulations, every mariner has the right to a suitable work and living environment onboard ship ;
• Every mariner is entitled to health care, aesculapian treatment, Payments for benefit and other forms of social corroborate ;
• The terms and conditions of a mariner ’ randomness employment shall be specified or referred to in a clear written legally enforceable agreement that meets the criteria of the Code .

The SEA is an agreement between a single crewman and the owner, agent, or ship’s company owned by the vessel. In most cases, the owner has little participation in the vessel ’ s administration ; because many vessels are owned by a commercial enterprise and managed by a management firm .
It must be written in the crewmember ’ s native clapper. If the speech is not english, a translation into English must be retained on board the ship. The crewmember and the vessel ’ randomness employer must sign the SEA, and a copy must be kept by the crewmember a well as a transcript onboard the vessel. ( The need of having a replicate onboard was demonstrated barely two weeks after the MLC went into force when a vessel was detained in Denmark because none of the crew had a SEA. )

What is the relevance of the mariner ’ s use condense ?

Since the Maritime Labor Convention ( MLC ) went into force, compulsory minimum criteria for mariner employment agreements and wage requital have been adopted internationally. The seamen must sign a contract of use with both the seamen and the owner of the employer/ship .
Every mariner working on a british sea-going ship is obligated by the Maritime Labor Convention ( Minimum Seafarer Requirements, etc. ) Regulations 2014 ( S.I. 2014/1613 ) must have a written SEA with the seafarer/employer detailing the shipyard ’ south work. A train agreement should be entered into with a trail provider for trainees with the sole purpose of working in a united states navy and receiving train as seamen for the purposes of the Trainers Maritime Shipping Convention ( minimal Requirements for Seafarers, and so forth ). This coach agreement can be considered significantly equal to a SEA .

What are the all-important clauses in a seafarers employment contract ?

All seagoing ships must have a former employer/shipowner employment agreement. The employment agreements for seafarers should, in all instances, include the follow specifics in accord with standard A2.1 of the MLC :

1. The arrant name of the mariner, date of birth, old age and place of give birth ;
2. mention and address of the shipowner ;
3. The placement in which the mariner will be employed ;
4. The count of the mariner ’ south earnings or, if appropriate, the method acting used to compute them ,
5. The number of days of give annual leave ;
6. In the event of temp agreements, the termination of the agreement and its terms : the date of the agreement ’ south termination ;
7. The provision of health and social security benefits given to seafarers ;
8. The veracious of a mariner to be repatriated ;
9. If relevant, a character to the collective bargain agreement ;
10. Any farther data that national law may need, in german law : the date on which the mariner ’ s employment agreement is signed, the placement and date on which service is begun, ampere well as the agreed-upon hours of parturiency and lie ;
11. Before sign, the mariner must be given the chance to review and seek advice on the use agreement. The shipowner must make sealed that copies of the employment agreement are kept on board for inspection reasons .

The model format for a mariner use agreement

This agreement is between :
……………………………………..…….…………………………… .
( Insert Seafarer ’ s fully name )
…………………………………..……………………….…… .
( Insert date of parturition )
…………………………………………….…….…..…… .
( Insert place of parturition – township and country )
AND
………………………………………………………………………………………
( Insert Ship owner ’ second name )
………………………………………………………………………………… .
( Insert Ship owner ’ s broad address )
CAPACITY IN WHICH SEAFARER IS TO BE EMPLOYED
The first capacity in which you are engaged is ………………………..…………………….. ( Insert capacity )
PLACE OF WORK
You will be employed on …………………………………………………..……………..
( Insert the name of the vessel or specify any vessel owned, managed, or chartered by the shipowner )
WAGES
Your pay will be ………………………………………..… ( Insert amount and currency ) per week/month/year ( erase as allow ) or formula for determining wages
MEANS OF PAYMENT OF WAGES
Your wages will be account payable by……………………………. ( Insert method acting of payment ) at weekly/monthly ( edit as appropriate ) intervals on the ………………. ( Insert the number ) sidereal day of each… …………Week/Month ( edit as appropriate )
( Overtime hours i.e. Hours performed outside of normal work hours will be compensated at the rate of………………………… ( Insert the overtime pace here ) ( Remove this conviction if it is not applicable )
PAID ANNUAL LEAVE
You are entitled to take ……………………………. In each year of employment, you are entitled to ( tuck number of ) working days as paid entrust .
If your employment began or ended during the vacation season, your correct to paid annual leave will be calculated on a pro-rata footing. Any paid annual forget taken in overindulgence of your entitlement will be deducted from your last wage upon the end point of service .
There is no planning for carrying over paid annual leave from year to year. All paid annual leave must be used in the calendar year in which it is accrued. There is besides no provision for reimbursement in stead of untaken leave, save when paid annual leave has accrued but has not been used at the time of job end point.

NOTICE OF TERMINATION OF EMPLOYMENT ( Delete whichever is not applicable )
Definite Period Agreement
Your employment is for the menstruation beginning on………………… ( Insert date ) and ending on…………….. ( Insert date ), unless it is terminated for justify reasons anterior to this point or the ship is at ocean at that time, in which case it will continue until the ship arrives in port, at which degree it will terminate .
OR
Indefinite Agreement
The amount of notice you must provide to terminate your caper is ( insert notice period which is to be not less than seven days ) .
The time period of comment you are entitled to from the shipowner to terminate your employment is………………………. ( Insert a notice period of no less than seven days. )
OR
Voyage Agreement
Your employment is for the duration of the voyage of [ transport ] beginning on………… ( Insert go steady ) from the port of………………………. ( Insert the identify of the port ) until………………… ( Insert date ) or the vessel ’ second arrival in the port of………………………. ( Insert port appoint ), at which point it will cease unless terminated earlier for justifiable reasons .
HEALTH AND SOCIAL SECURITY BENEFITS
If you get ill or wounded while on a travel, you will be paid your regular basic wage until you are repatriated in note with the rules for repatriation set down below. After being repatriated, you will be paid……………….percentage ( insert numeral ) of your normal basic wages up to a maximal of…………………………weeks ( insert the number which must be 16 or higher ) less the come of any Statutory Sick Pay or Social Security Sickness Benefit to which you may be entitled………………….. ( Insert number ) working days in entire in any one sick pay year )
If you require medical attention while onboard, it will be supplied at no cost, including access to required drugs, medical equipment and facilities for diagnosis and discussion, arsenic well as medical data and cognition. Where possible and appropriate, you will be granted permission to consult a restricted medical doctor or dentist in a port of call for discussion .
In the event of illness or incapacity, you will be provided with medical care, including medical discussion and the add of necessity medicines and therapeutic devices, equally well as circuit board and adjustment away from home, until your convalescence or your nausea or disability is deemed of permanent nature, for a utmost duration of…………..weeks ( insert the number which shall be 16 or above ). Furthermore, the shipowner will cover the expense of returning your belongings left on board to you or your following of akin .
If you die on control panel or ashore during a trip, the shipowner will cover the cost of burying or cremation where allow or required by local regulations, deoxyadenosine monophosphate well as the reelect of any property left on control panel to your nearest kin .
REPATRIATION
If you are not in your state of residence when this agreement expires, you will be entitled to repatriation at the expense of the shipowner :

1. By the shipowner .
2. By you in the subject of illness, accident, or early medical condition necessitating your repatriation, if the transport is on route to a Warlike Operations Area, or if your work is terminated or interrupted in accord with an industrial award or collective agreement .
3. Under situations when you are no longer able or can not be expected to carry out your responsibilities under this agreement, such as a shipwreck, the sale of your ship, or a change in your transport ’ south register .

The right to repatriation involves department of transportation via………………… ( Insert mode of department of transportation here ) to……………………………………. ( insert place name or country ) .
Note : In the event that you have been fired on corrective grounds or have broken your responsibilities under this Agreement, you may not be entitled to repatriation at the expense of the shipowner. In such cases, the shipowner is still obligated to repatriate you but may deduct the expense of doing thus from any earnings owed to you .
Maximum service time length after which you are eligible for repatriation
The maximal term of service after which you will be eligible for complimentary repatriation is……………….months ( insert number of months – no more than 12 months ) .
APPLICABLE COLLECTIVE BARGAINING AGREEMENT(S) ( delete if not applicable )
Your employment shall besides be governed by the Collective Bargaining Agreement ( sulfur ) agreed upon………………………………………………………….. ( Insert date ( s ) ) between the shipowner and…………………………………………….. ( Insert information of the other parties to the corporate dicker agreement ( s ) ) contains extra terms and conditions and is incorporated into this Seafarers ’ Employment Agreement, as appended .
HOURS OF WORK
Your regular function hours are…………….. ( Insert time ) to…………….. ( Insert time ) from………………………… ( Insert sidereal day of week ) to…………………… ( Insert day of workweek ) inclusive .
Your work hours will be structured in such a way that you obtain a minimum of 10 hours of rest each 24-hour time period and a minimum of 77 hours of rest per weeklong time period. Except in an emergency, this minimal clock of respite may not be decreased below 10 hours .
You may be asked to work extra hours during an hand brake affecting the safety of the ship, its passengers, crew, or cargo, or the nautical environment, or to help other ships or individuals at risk, at the exclusive delicacy of the Master. You may besides be forced to work extra hours for condom drills including musters, firefighting, and lifeboat drills. In such cases, you will be given ( a ) compensated rest time period as a result ( mho ) .
COMPLAINTS AND DISCIPLINARY PROCEDURES
(a) Complaints
If you have a complaint about your job, you should follow the ship owner ’ south complaints procedure, a imitate of which will be supplied to you when you board the ship .
(b) Disciplinary Rules and Procedure
Merchant Shipping Law N.106 ( I ) /2000 on Criminal and Disciplinary Liability of Seafarers lays forth the corrective regulations that apply to you .
ADDITIONAL PROVISIONS INCLUDED BY SHIPOWNER
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
touch of Seafarer
…………………………………………….………………….………………………………..
signature of Shipowner or Ship owner ’ s representative ……………………………..
…………………………………………………………………… ( State military position held )
invest where this Agreement is entered into
………………………..……………………………
date when this Agreement is entered into
……………………………..…………………………

References

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