for German-flagged sea vessels, which meets 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. 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. 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. Since the maritime labour convention (MLC) came into force, binding minimum standards have been applied worldwide to seafarers` employment contracts and wage pay. A seaman`s employment contract must be signed by both the sailor and the employer/owner. The sailor must have the opportunity to review and advise the employment contract before signing.
The shipowner ensures that copies of the employment contract are placed on board for inspection. Prior to the introduction of the MTC, most flag states required « occupancy agreements » defining the main conditions of employment. The flag state had to approve the crew agreements before they were implemented by the ship, but a document was sufficient for the entire crew, signed by individuals upon the ship`s entry and exit. With the introduction of the MLC, all that has changed. The MLC sets minimum requirements for almost every aspect of seafarers` working conditions – in fact, a « Bill of Rights. » In addition, dedications to ships under the Red Ensign flags became obsolete when the MLC came into effect. Thus, any sailor working on a commercial yacht must now have a seaman`s contract authorized by the Flag State (SEA). 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.) 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. All seafarers must have a written employment contract with the employer/owner.
In accordance with the MLC`s A2.1 standard, seafarers` employment contracts must in any event contain the following information: with respect to the crew in particular, the MTC must have, by flag condition, a clearly written and enforceable contract for each crew member and not a general crew contract.