The standard seafarer employment contract (SEA) was updated as part of this communication and made available on the following link: the SEA model prior to the introduction of the MTC, most flag states required «crew 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). And: – The conditions of a sailor`s employment must be defined or described in a clear, legally enforceable written agreement and must comply with the standards established by the code. All seafarers must have a written employment contract with the employer/owner. According to the MLC`s A2.1 standard, seafarers` employment contracts must in any event contain the following information: for German-flagged seafarers, which meet all the minimum requirements of the German Maritime Labour Act and the MLC. The application of this agreement model, which can be extended or adapted individually, is not mandatory.
Every sailor is entitled to fair conditions of employment The redundancy books are issued by the Danish Maritime Authority in accordance with ILO Convention 108 on seafarers` identity cards (1958) to persons of Danish nationality aged 16 and over. The master must ensure that a copy of the act and provisions adopted under this Act is available on board in Danish and English and is available to seafarers. In addition, the law contains provisions that haunt the shipowner/captain to terminate the employment of the sailor without notice if z.B. Incompetence, missing boat, brutal negligence of the sailor, repeated disobedience, violent or intoxicated behaviour on board, etc. As a result, the A.2.1, paragraph 6 regulation is complied with. With regard to certain employment information, the shipowner`s obligation to inform is deemed to be fulfilled when the employment contract relates to acts, administrative provisions or collective agreements relating to the applicable conditions. Where a collective agreement represents all or part of the sailor`s employment contract, the shipowner must ensure that a copy of that collective agreement is available on board. For ships on international voyage, only parties or collective agreements subject to port state controls must be available in English. With respect to the crew in particular, the MTC must have a clearly written and enforceable contract for each crew member from each flag state, not a general occupancy agreement. This is called the sea employment contract or SEA.
See the questions frequently asked by the ILO (Section C5.2) under www.ilo.org/global/standards/maritime-labour-convention/what-it-does/faq/WCMS_177371/lang-en/index.htm On request, the master must confirm the working relationship by confirming the working relationship by confirming the employment relationship by confirmation in the person`s relief account or by other means, para. B example a special declaration (declaration of maritime service).