Crew contracts – Seafarer Employment Agreement (SEA)

Question 1

What should all crew receive?

Answer 1

All crew should receive a contract of employment which should be fair and just for both employer and employee.

Question 2

What is the MLC 2006 requirement?

Answer 2

The MLC 2006 requirement is for an internationally approved contract established by the International Labour Organisation (ILO).

Question 3

What has superseded all commercial crew contracts?

Answer 3

The Seafarers Employment Agreement (SEA) has superseded all commercial crew contracts.

Question 4

Who is responsible for ensuring the content of the SEA?

Answer 4

It is the responsibility of each flag state to ensure the content of the SEA.

Question 5

Can companies issue their own contracts?

Answer 5

Yes, companies can issue their own contracts, but they must be approved by the flag state and contain minimum requirements.

Question 6

What should the contract be for the Purser?

Answer 6

The contract should be a template; only the name and variables of individual information should be able to be changed.

Question 7

What should happen before a crew member joins a vessel?

Answer 7

Before joining a vessel, the crew member should be sent a draft of the SEA for approval and have sufficient time to consult external advice if required.

Question 8

What should each crew member possess?

Answer 8

Each crew member should have their own signed SEA in their possession.

Question 9

What must be kept on-board regarding the SEA?

Answer 9

A signed agreement must be kept on-board available for inspection if requested.

Question 10

What must all SEAs contain regardless of national law?

Answer 10

All SEAs shall contain the following:
1. Seafarer’s full name, date of birth or age and birthplace.
2. Ship owner’s name and address.
3. The place and date where the agreement was entered into.
4. The capacity in which the seafarer is employed.
5. The amount of wages that the seafarer will be paid or formula used for calculation.
6. The amount of paid annual leave or the formula used for calculation.
7. The termination and conditions thereof of the agreement.
8. The health and social security protection benefits provided to the seafarer.
9. Seafarer’s entitlement to repatriation.
10. Reference to collective bargaining agreement if applicable.
11. Any other particulars for which national law may require.