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. This is called the sea employment contract or 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.) 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. 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 MLC regulations state: -Every sailor is entitled to safe employment, in accordance with safety standards – Every sailor is entitled to decent working and living conditions on board the ship He must be in a language understood by the crew member. If such a language is not English, an English translation must be kept on board the ship. The sea is signed by the ship`s crew member and employer and a copy kept by the crew member and a copy kept on board the ship is signed.
(The importance of a copy kept on board was emphasized within two weeks of the MLC`s entry into force when a vessel was arrested in Denmark, as the inspection revealed that none of the crew members had an ESE.) Sailor`s Contract Guide (719kb PDF) – Every sailor is entitled to fair conditions of employment – Every sailor has the right to health protection, medical care, social protection measures and other forms of social protection.