All seafarers must have a written employment contract with the employer/owner. According to the MLC`s A2.1 standard, seafarers` employment contracts must in any event contain the following information: for German-flagged seafarers, which meet 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. See the questions frequently asked by the ILO (Section C5.2) under www.ilo.org/global/standards/maritime-labour-convention/what-it-does/faq/WCMS_177371/lang-en/index.htm The Sea is a contractual agreement between each crew member and the owner, representative or owner of the vessel. (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.) If a sailor is not employed directly by the shipowner, but by a third party (for example. 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. 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 sailor must have the opportunity to review and advise the employment contract before signing.