Since the entry into force of the Maritime Labour Convention (MTC), binding minimum standards have been applied worldwide to seafarers` employment contracts and wages. An employment contract for seafarers must be signed by both the seafarer and the employer/shipowner. Prior to the establishment of the MDWC, most flag States required “crew agreements” setting out the essential terms and conditions of service. 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 boarding and exiting the ship. With the introduction of MLC, all that has changed. The MLC sets minimum requirements for almost all aspects of seafarers` working conditions – in fact, a “Bill of Rights”. In addition, signature items on Red Ensign-flagged vessels became obsolete when the MLC came into effect. Thus, any seafarer working on a commercial yacht must now have a Maritime Employment Contract (SEA) approved by the flag State. • The working conditions of a seafarer are defined or mentioned in a clear, legally enforceable written agreement, and must comply with the standards established by the code. With particular regard to the employment of crew, the MLC requires that each flag State have a clearly written and legally enforceable contract for each crew member, not a general crew agreement.
This is called the seafarers` employment contract or the SEA. In any event, the seafarer and the shipowner must have copies of the SEA signed by all parties concerned Any seafarer working on a British maritime vessel subject to the minimum requirements of MLC must have with another person a written SEA concerning the work of the seafarer on a ship containing at least the information set out in Annex 1 of the minimum requirements of MLC • Each seafarer has a right of health protection, medical care, well-being and other forms of social protection. If a seafarer is not directly employed by the shipowner, but by a third party (e.g. B a personnel agency), the employer must be a contracting party to the SEA. In such cases, the shipowner (or an agent of the shipowner) must also sign the agreement to ensure that the shipowner fulfils all the employer`s obligations to the seafarer under the ITA under Parts 1 and 2 of Annex 1 to this CONVENTION if the employer does not comply with these obligations. The “Model Maritime Employment Contract for an Employed Seafarer” (see Annex 2 to this MGN) therefore provides that the employer and the shipowner and seafarer sign the SEA. Before signing, the seafarer must have the opportunity to examine the employment contract and to be advised. The shipowner shall ensure that copies of the employment contract are loaded on board for control purposes. for seagoing vessels flying the German flag that meet all the minimum requirements of the Maritime Labour Act and the MLC. The use of this type of agreement, which can be extended or adapted individually, is not mandatory. The MLC regulations stipulate: • Every seafarer has the right to a safe workstation complying with safety standards If the seafarer is directly employed by the shipowner, the SEA must be located between the seafarer and the shipowner and must be signed by both the seafarer and the shipowner or an agent of the shipowner. .