Ensuring the crew members on board a yacht are employed correctly from the outset is vital in creating a good working environment. This all begins with the individual seafarers SEA, Oliver Alabaster has outlined what an SEA is and the document’s importance.
An ‘SEA’ is a Seafarer Employment Agreement, which provides the framework of the working relationship between the employer and employee. This document stipulates the terms the seafarer agrees to meet throughout the duration of their employment, equally this confirms the standards and duties the employer must withhold, providing protection and a safe working environment for everyone involved.
An SEA is the equivalent of a land-based employment contract however, you would notice some key differences if you were to compare the two side by side. Just as you would see in a land-based contract, an SEA will outline the basic employment terms such as salary, probationary period, notice period and leave allowances. When in an SEA, these conditions must comply with MLC (Maritime Labour Convention) minimum requirements.
MLC has been in enforcement since 2006 to help protect employees and employers within the industry alike. SEA’s are designed to comply with these terms.
The convention covers numerous areas to ensure safety when working on board vessels. One example that you should expect to see outlined in an SEA is Hours of Work and Rest. Yacht crew sleep and rest at their place of work so strict guidelines have been set out. These allow crew to have enough time to rest around their busy work schedule.
If you have concerns about the lengths to which SEAs are compliant MLC, we suggest you reach out to your employer.
Anyone who accepts a job on an MLC-compliant vessel must have an SEA before embarking. From Captain down to deckhand, everyone must have their SEA in place. Not only is it important that convention requirements are followed, SEAs also help protect the seafarer as an employee. The SEA will provide security during employment onboard and ensure that seafarers are treated fairly and to the standards of the MLC.
The benefits don’t stop at the seafarer; they also help employers. SEAs give rights to the employer to handle difficult situations that may arise onboard and allow for a fair process when dealing with any discrepancies.
When the place of work is in the middle of the sea, it can be challenging to understand which jurisdictions you should listen to. When the vessel’s flag state, seafarers’ nationality and vessel’s location can all fall under different jurisdictions, how do you know which to follow? Oliver advises
When MLC compliant the SEA needs to comply with the country of the flag state of the vessel. However when abroad the seafarer needs to comply with all relevant laws of the country the yacht is in.
At Oceanskies we work with flag states and get approval from them on our SEA templates. A lot of our clients, if they want bespoke templates, will seek flag approval also using the data we provide to them.
If/when a vessel has an inspection, we action any opportunities as soon as possible to ensure we are compliant.
Generating SEAs for your crew that protect you both, while remaining compliant, is a difficult task. However, this is one that an employment provider can help you with.
At Oceanskies we have over 50 years of combined experience, which is used in each and every one of our SEAs issued. You can rest in confidence that everything is in hand.
