09/11/2024
It is important that all crew sailing on vessels where MLC 2006 is applicable, including vessels under 500 GRT who operate commercially, understand the provisions of the convention and are familiarized with their Seafarers Employment Agreement and the responsibilities of the yacht's owner. A familiarization could include the following points:
1. Before signing an approved SEA yacht crew have the right to review ther SEA and seek third-party advice on the agreement.
2. Crew are entitled, and should be provided with, a monthly pay statement detailing their monthly salary amount.
3. Hours of work and rest. Yacht Crew are entitled to a minimum of 10 hours of rest in each 24-hour period and a minimum of 77 hours of rest in each 7-day period. The records pertaining to hours of work and rest should be maintained on-board and a record presented to the crew member at the end of every calendar month.
4. The entitlement to paid annual leave should be documented in the SEA.
5. Crew are insured under the vessel’s insurance policy for any medical treatment required, including doctor’s visits and dental treatment. Crew will not be required to contribute any funds such as co-pay charges for any medical or dental treatment.
6. Financial security should be provided, via the vessel’s insurance policy, to ensure that payment of compensation for any liability claim brought in respect of any seafarer employed to work on board a yacht. This financial security should meet the relevant provisions of the standard A4.2.2 of the 2014 MLC 2006 Amendments.
7. Yacht crew are entitled to be repatriated to their country of residence at no expense to themselves when their SEA is terminated or when the SEA expires. However, if the agreement is terminated for disciplinary reasons or misconduct crew will still be repatriated at the owner’s expense, however $1,200 can be deducted from any monies owed by the vessel.
8. Complaints procedure. All crew will be given a personalized copy of the yacht's approved on-board complaint procedure.
9. Crew are entitled to professionally cooked, healthy and nutritious food while on-board. Where pertinent and taking into consideration individual dietary needs based on religious beliefs or abstinence from any type of foods, the ship’s cook will provide meals suitable for all crew members.
11. There should be a Safety Management System onboard (ISM) or in the case of vessels under 500GRT a mini-ISM that promotes a safe working environment. A Safety Officer should have been appointed and safety committee meetings are held at no less than 6-weekly intervals where you will be able to raise any safety concerns. All accidents and incidents, including ‘near-miss’ reporting should be recorded and reported to the mini-ISM shore managers or the ISM company for review and investigation including remedies to prevent a recurrence of the accident/incident. It is though, the crew's responsibility to report any potential hazards and, if necessary to suggest any possible corrective action. Risk Assessments, in accordance with the mini-ISM or the SMS (ISM) should be compiled for any potentially hazardous activity. Protective equipment should be provided on-board for all, or any hazardous tasks as directed by the captain. All newly compiled RAs should be promulgated at the Safety Committee Meetings.
12. Continuous training in form of drills shall be carried out i.a.w the mini-ISM or the the vessels Safety Management System (ISM).
I would recommend that a checklist including the items above be prepared and that all new crew sign that they understand the responsibilities.
If you require further advice regarding MLC or ISM regulations, including mini-ISM, then please don't hesitate to contact me via the YCM website here:
Yacht Compliance Management is a leader in ISM Management services, including SOLAS, STCW, MLC, IPS and MARPOL. Call us today 1 945 533-7863.
