Article Of Agreement For Employment Of Seafarers

Ship items are considered part of a “ship document” that constitutes the legal environment on board the vessel. [7] They are necessary to resolve disputes between sailors and their captains, as well as between sailors and owners of ships and cargo. [6] [7] They are subject to port authorities and foreign consular officials to establish the Bona fides of a ship. [7] MLC requires that, if the employment contract is not in English, the translation of certain sections should be in English. When an SRPS is duly authorized by the shipowner to act as a representative (under a “power of attorney” or other document), it may sign the employment contract as a representative of the shipowners (A2.1.1 a)). In such cases, the employment contract should be clearly signed, in addition to the signature, as “by ——- of —— as agent of the shipowners” or others. Yes, that is acceptable. Under MLC, it is not necessary for an agreement signed with a local union to be approved by ITF. The CBA`s terms and conditions must, however, include the minimum requirements of A2.1.4, 2.1.5 and 2.1.6.

Standard A2.1.6 refers to short-term or unrepated termination of the employment contract for compassionate or urgent reasons. In this case, a penalty as a deduction of the salaries of sailors, the replacement fee the flight fare will not be imposed on the sailor. This agreement is wise between the employer/employer representative and the sailor under the collective agreement sector, i.e., NMB (INDIA)/INSA-MUI/others……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… according to the above conditions: yes, the employment guarantee agreement (letter of employment) and the articles of the agreement meet the A2.1 standard, provided that the information required in accordance with the A2.1.4, A2.1.5 and A2.1.6 standards is contained in these documents. Boat items developed as part of the law merchant (Lex mercatoria). Early commercial vessels were often cooperative efforts in which the crew or some members contributed to the initial costs of the vessel, cargo and operation; and the payment was made at the end of the share trip. As a result, all crew members were considered participants in the company, even if they contributed only to work. [10] This has been widely recognized under the legal concept of a “community of common hands” (total hand in German, comunidad in mano in Spanish). Standard A2.1, paragraph 1, point c), provides that the shipowner and the sailor concerned each have an original signed from the sailor`s employment contract, without specifying that the original should be on board. Since paragraphs 1 and 2 of the A2.1 standard must provide only one copy of the agreement and all collective agreements applicable on board, it is not necessary for the originals to be kept on board.

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. 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.) It may be good to have the employment contract/CBA in the language of the sailors. However, it is not necessary. 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.