Seafarers Rights International

Right to employment agreement

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Under the Maritime Labour Convention 2006 (‘MLC’):

  • A seafarer has the right to a written employment agreement. It must be clear and legally enforceable.
  • A seafarer must be able to review the employment agreement, and seek advice on it, before signing it.
  • A seafarer must enter into the employment agreement freely.
  • The employment agreement must be signed by the seafarer and the shipowner, or a representative of the shipowner.
  • The seafarer and the shipowner must each have a signed original of the employment agreement.
  • If the employment agreement includes a collective bargaining agreement, a copy of the collective agreement must be available on board the ship.
  • The employment agreement must contain the following particulars:
  • the seafarer’s full name, date of birth or age, and birthplace;
  • the shipowner’s name and address;
  • the place where and date when the employment agreement is entered into;
  • the seafarer’s position on board;
  • the amount of the seafarer’s wages, or how they are calculated;
  • the amount of annual paid leave, or how it is calculated;
  • the conditions for terminating the agreement, including the notice period, if the agreement is for an indefinite period (this must not be less for the shipowner than for the seafarer); the expiry date, if the agreement is for a fixed term; and the port of destination, if the agreement is for a specific voyage;
  • the health and social security protection benefits provided by the shipowner;
  • the seafarer’s entitlement to repatriation;
  • reference to the collective bargaining agreement, if applicable.
  • A copy of the seafarer’s employment agreement, including any applicable collective bargaining agreement, must be available substantively in English on board the ship for review by officers of a competent authority, including port state control officers.

See Regulation 2.1 of the MLC.

For more information

See the ILO Frequently Asked Questions (section C5.2) at http://www.ilo.org/global/standards/maritime-labour-convention/what-it-does/faq/WCMS_177371/lang–en/index.htm

 

July 2014

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