MLC 2006 - MARITIME LABOUR CONVENTION ARTICLE 1.4
Updated: June 2019
Superyacht Crew Agency is compliant with the provisions of the Maritime Labour Convention with respect to crew recruiting and placement as detailed in Article 1.4 of the convention and as required under United Kingdom Legislation.
MLC 2006 Compliancy Requirements for Superyacht Crew Agency
Superyacht Crew Agency will endeavour to operate its services in an orderly manner that protects and promotes seafarers’ employment rights as provided for in the MLC.
Superyacht Crew Agency will operate in conformity with all standardized systems of licensing and/or certification or other forms of regulation as may be established from time to time in accordance with the MLC.
Superyacht Crew Agency will not use any means or mechanisms such as black lists intended to prevent or deter seafarers from gaining employment where otherwise qualified;
No fees or charges for seafarer recruitment or placement or for the provision of employment for seafarers will be borne directly or indirectly in whole or in part by the seafarer, with the exceptions of the costs of the seafarer obtaining:
- a national statutory certificate;
- the national seafarers’ book;
- a passport or similar travel documents, but not including however the costs of - visas which shall be borne by the ship-owner and/or Client.
Superyacht Crew Agency will maintain an up to date register of all seafarers recruited or placed through them to be available for inspection by competent authorities.
Superyacht Crew Agency will ensure that Crew members are aware of their rights under the MLC, including the right to see the conditions of their seafarers’ employment agreements (SEA) prior to engagement with the Client and to be given their own copy of the contract.
Superyacht Crew Agency will take reasonable steps to ensure that Candidates recruited or placed by them are qualified and hold the documents necessary for the job concerned.
Superyacht Crew Agency will take reasonable steps to verify that the seafarers’ employment agreements (SEA) are compliant with applicable laws and regulations and consistent with any relevant collective bargaining agreement that forms part of the employment agreement.
Superyacht Crew Agency will take reasonable steps to verify that the Client has the means to protect seafarers from being stranded in a foreign port.
Superyacht Crew Agency will require the Client to obtain insurance prior to engagement of Crew members sufficient to compensate and safeguard Crew members from suffering financial or other loss.
Superyacht Crew Agency will have an insurance in place to compensate seafarers for monetary loss from the failure of the recruitment and placement service, or from breech of the seafarer employment agreement by the owner or his servants/agents to meet its obligations required of them in law.
Superyacht Crew Agency will Protect the confidentiality of seafarers’ personal data.
Superyacht Crew Agency will maintain up-to-date lists of the vessels for which we provide seafarers and ensure that there is a means by which the services can be contacted in an emergency at all hours.
Superyacht Crew Agency will not recruit any crew under the age of 16 years, or below the minimum age specified by vessel’s Flag (whichever is higher).
Superyacht Crew Agency will not recruit any crew under the age of 18 that shall be employed or engaged or work as a ship’s cook.
Superyacht Crew Agency will examine and respond to any complaint concerning their activities and advise the competent authority (Flag State) of any unresolved complaints, See out Complaints page here.
Please note that the risk of working on ships which fly the flag of a country which has not ratified the MLC 2006 is that the seafarer employment agreements may not be MLC 2006 compliant.
MLC Compliancy Requirements – the Client (Yacht) you may be working with.
The Client warrants to comply with the MLC and its applicable regulations applying to the employment of the Master and Crew at all times.
In accordance with the MLC, the Client will:
Provide the Company with a template of the standard contract, including a SEA, they supply to a member of Crew prior to any Crew from or introduced by the Company joining their yacht.
Ensure that the Client is also compliant with specified flag state rules by giving the Crew member the opportunity to examine their employment contract prior to signing and starting work on the vessel.
Provide the Crew member with their own personal copy of the employment contract.
Procure insurance cover, specifically P&I cover to ensure financial security for Crew members and to satisfy the ship-owners’ financial obligations under the MLC, including but not limited to:
cover the cost of repatriation or to return the Crew member to the port where they first joined the employer;
cover the cost of ensuring that the Crew member is not stranded at any port other than the port of departure.
Provide a copy of such insurance as required under this clause to the Company and confirm that this is in place at all material times.
Ensure that the Candidates and/or Crew members are advised of any particular conditions applicable to the job for which they are engaged, that such information is provided in advance of any engagement to the Company, and that both the Company, Candidates and / or Crew Members are made aware of a ship-owner or Client’s policies relating to the employment.
Take all reasonable steps to ensure that those Crew members responsible for ship’s safe navigation and pollution prevention operations have had adequate training and certification.
Take all reasonable steps to verify that the labour conditions on ships where Crew are placed are in conformity with applicable collective bargaining agreements concluded between ship-owners’ and seafarers’ representative organisations.
Will comply with national laws relating to natural justice in the dealing of issues of incompetence, indiscipline or any other employment issue, including dismissal.
The Client will take all reasonable steps to comply with requests by family members of Crew members for information or advice while the Crew members are at sea. These requests will be dealt with promptly and sympathetically and at no cost to the Crew member or their family members.
The Client shall comply with the Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014 and the Merchant Shipping (Hours of Work) Regulations 2002 as amended.
MLC Compliancy Requirements – General
All parties agree to any supervision and control of seafarer recruitment and placement services by the relevant competent authority operating in accordance with national law.
All parties will cooperate with any investigations undertaken by the competent authority.
All parties will comply with the national operating standards and practices in respect of:
- Medical examinations
- Identity documentation and other necessary documents as may be necessary to gain employment
Record keeping of seafarers’ information, including the maintenance of such records, which shall include:
- Seafarers qualifications;
- Record of employment;
- Personal data relevant to employment;
- Medical data relevant to employment.
All information kept by either party shall be received and retained with due regard for the right to privacy and the protection of confidentiality and will be subject to national laws in respect of data protection. For more information, see our Privacy Notice.
Records of emergency contact information will be maintained.
A means by which seafarers can contact an emergency contact at all times.
Procedures to prevent exploitation of seafarers, including where instances arise from the issue of joining advances or any other financial transaction between the ship-owner and/or Client and the Crew member.
All parties will clearly notify the Crew member of any costs that may be applicable to the commencement of employment before engagement.
All parties are responsible to verify all qualifications independently prior to and as soon as the crew member joins the vessel.