The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

Content of seafarer employment agreement U.K.

10.—(1) Subject to paragraph (2), a seafarer employment agreement must include provision about the following matters—

(a) if the seafarer is an employee of the shipowner or of any other person, the matters in Part 1 and Part 2 of Schedule 1;

(b) if the seafarer is not an employee, the matters in Part 1 and Part 3 of Schedule 1,

and where the seafarer employment agreement is one which falls within regulation 9(4), the name and address of the approved training provider must be set out in the agreement.

(2) Such provision may be achieved by way of reference to another document which includes provision about those matters.

(3) A breach of paragraph (1) is an offence by the shipowner.

(4) Prior to entering into a seafarer employment agreement, the shipowner or, in the case of an agreement falling within regulation 9(4), the approved training provider must take reasonable steps to satisfy itself with regard to the following requirements—

(a) the seafarer must have had a sufficient opportunity to review and take advice on the terms and conditions of the agreement;

(b) the seafarer must have received an explanation of the rights and responsibilities of the seafarer under the agreement; and

(c) the seafarer must be entering into the agreement freely.

(5) Where a shipowner—

(a) fails to take such reasonable steps; or

(b) in relevant cases, fails to take reasonable steps to ensure that the approved training provider has complied with paragraph (4),

the shipowner commits an offence.

(6) A seafarer employment agreement must contain a declaration by the shipowner and the seafarer or, in the case of an agreement falling within regulation 9(4), by the approved training provider and the seafarer confirming that the requirements in paragraph (4)(a) to (c) have been met.

(7) A breach of paragraph (6) is an offence by the shipowner.