If a seafarer is not directly employed by the shipowner, but by a third party (e.g. B a personnel agency), the employer must be a contracting party to the SEA. In such cases, the shipowner (or an agent of the shipowner) must also sign the agreement to ensure that the shipowner fulfils all the employer`s obligations to the seafarer under the ITA under Parts 1 and 2 of Annex 1 to this CONVENTION if the employer does not comply with these obligations. The “Model Maritime Employment Contract for an Employed Seafarer” (see Annex 2 to this MGN) therefore provides that the employer and the shipowner and seafarer sign the SEA. A completed redundancy booklet or a written declaration by the master shall be considered as a sufficient record of the seafarer`s employment to comply with standard A2.1, paragraph 1e. The seafarer must receive a copy of the employment contract signed by the shipowner/employer or by the person who has assumed responsibility for the shipowner or employer. A particular form of the seafarer`s employment contract is not necessary. The employment contract must contain information on all conditions important for employment, as defined in the order of the Danish Maritime Authority. Where the seafarer or employer terminates the employment relationship, the date and manner in which the employment relationship ended must be indicated in writing. For certain information relating to employment, the shipowner`s obligation to inform the shipowner shall be deemed to have been fulfilled where the contract of employment refers to acts, administrative provisions or collective agreements which relate to the applicable conditions.
If a collective agreement constitutes all or part of the seafarer`s employment contract, the shipowner must ensure that a copy of the collective agreement is available on board. For ships used internationally, only parties or collective agreements subject to port State control should be available in English. Since the entry into force of the Maritime Labour Convention (MTC), binding minimum standards have been applied worldwide to seafarers` employment contracts and wages. An employment contract for seafarers must be signed by both the seafarer and the employer/shipowner. A written contract of employment must be concluded between the seafarer and the shipowner or employer or the person who has assumed responsibility for the shipowner or employer. The contract must be concluded at the latest at the beginning of the employment relationship; and for seafarers on board, at the latest at the beginning of service. The seafarer must have the opportunity to examine the employment contract and to be advised on its conditions before signing. for seagoing vessels flying the German flag that meet all the minimum requirements of the Maritime Labour Act and the MLC. The use of this type of agreement, which can be extended or adapted individually, is not mandatory….