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. If the sailor is employed directly by the shipowner, the sea must be located between the sailor and the shipowner and signed by both the sailor, the shipowner or an authorized signatory of the shipowner. Any signatory authorized by the shipowner to sign SEAS for sailors working on the vessel should be mentioned in the second part of the declaration on compliance with the rules relating to maritime work for the vessel. The sailor must have the opportunity to review and advise the employment contract before signing. The shipowner ensures that copies of the employment contract are placed on board for inspection. for German-flagged sea vessels, which meets 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. Apprentices whose sole purpose for working on a ship is training are considered seafarers in the sense of commercial navigation (maritime labour agreement) (minimum requirements for seafarers, etc.). The 2014 regulations should have a training contract with a training provider. This training agreement can be considered fundamentally equivalent to an ESE.
Any sailor is entitled to a fair terms of employment If a sailor is not employed directly by the shipowner, but is employed by a third party (z.B of a crew agency), the employer must be a contracting party to the SUP. In such cases, the shipowner (or an authorized signatory to the shipowner) must also sign the agreement to ensure that the shipowner will fulfill all of the employer`s obligations to the sea under Parts 1 and 2 of Schedule 1 of this MGN if the employer does not comply with these obligations. The “marin contract model for a occupied sailor” (see Schedule 2 of the MGN) accordingly provides for the employer, the shipowner and the sailor to sign the Seafar. The AES is a contractual agreement between each crew member and the ship`s owner, representative or owner. (In most cases, the owner has little to do with yacht management; since many yachts are owned by a company and operated by a management company, we will now only go to the “employer” to cover all three units.) 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.