Employment agreements for seafarers on UK sea-going ships
Read the full outcome
Detail of outcome
Please find attached the consultation outcome (document contains 60 pages).
Detail of feedback received
One hundred and seventy six organisations and companies were directly notified of the consultation exercise, and ten written responses were received, which included several major stakeholders.
There was widespread support for implementation and ratification of the Convention. In many cases, industry broadly welcomed the move to the Seafarer Employment Agreements because it will be more efficient than the current practice of crew agreements supplemented by an employment contract, and provides better transparency and therefore better employment protection for the seafarer.
There were concerns about the impact on small commercial vessels which have been addressed through guidance for that sector. Most consultation comments related to the interpretation and practical implementation of Convention requirements. These comments have been taken into account in finalising both the legal provisions and supporting guidance. In particular, as a result of the responses, the final draft of the Regulations addresses the position of seafarers undergoing training and other situations when the shipowner is not the employer of a seafarer.
The regulations on Seafarer Employment Agreements have been incorporated into the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 (S.I. 2014/1613) and the Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014 (S.I. 2014/1614) supported by MGN 477(M).
Original consultation
Consultation description
Under the Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) Regulations 1991, a single crew agreement is required which covers all members of crew.
Under these proposed Seafarer Employment Agreements Regulations crew agreements will be replaced by individual agreements for every person who is employed, engaged or works on board a ship to which the Maritime Labour Convention 2006 applies.
Where a seafarer is not an employee they will be required to have evidence of contractual or similar arrangements providing them with decent working and living conditions on board the ship on which they are serving.
Additional documents
- Draft seafarers’ employment agreements statutory instrument (DOC, 159KB)
- Seafarers’ employment agreements: impact assessment (PDF, 134KB)
- Seafarers’ employment agreements: draft merchant shipping notice (DOC, 440KB)
- Seafarers’ employment agreements: explanatory memorandum (DOC, 57KB)
- Seafarers’ employment agreements: transposition note (DOC, 75KB)
Documents
Updates to this page
Last updated 9 May 2018 + show all updates
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Updated employment agreements for seafarers on UK sea-going ships consultation, with the feedback and consultation outcome document.
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First published.