The collective agreement and seafarer contract before sailing
A collective agreement may be part of a seafarer’s employment terms if the individual contract refers to it. The Maxima material says that, in practice, a seafarer’s contract is often a short document and may refer to an applicable collective agreement as part of the employment contract.
What should be checked before signing?
Before a voyage, a seafarer should read the contract together with the documents it refers to. If the contract mentions a collective agreement, the seafarer should ask for a copy or the relevant extract before signing.
Based on the provided materials, special attention should be paid to:
- wage and payment procedure;
- overtime pay;
- working hours and rest time;
- repatriation and return home;
- medical insurance or medical cover;
- contract extension terms;
- probation period, if any.
These points are mentioned in a seafarer contract checklist published by the Kyiv Institute of Water Transport.
How is a collective agreement different from the contract?
The contract records the individual terms of a specific seafarer. A collective agreement, if applicable, may set out wider working conditions and guarantees that the contract only refers to briefly.
| Document | What it usually shows | Practical meaning |
|---|---|---|
| Seafarer contract | Rank, term, wage, vessel or company | Gives the basic personal terms of work |
| Collective agreement | Conditions on work, rest, pay, repatriation and other guarantees, if applicable | Helps explain short or general contract wording |
In the sample collective agreement included in the materials, the individual labour contract is to be signed no later than one day before joining the vessel or leaving the place of engagement, and two copies are given to the seafarer.
Repatriation
Repatriation is one of the key issues to check before a voyage. The Nautilus International material on MLC 2006 says that repatriation at the shipowner’s expense applies, in particular, when a seafarer cannot perform duties due to illness, injury, shipwreck, work in a war-risk area, or if the shipowner fails to meet legal obligations.
Before signing, separately check:
- where the return should be arranged to;
- who pays for the tickets;
- what happens in case of early sign-off;
- whether the procedure is clear in case of illness, injury or another ground for repatriation.
Practical minimum before signing
A seafarer should not sign documents if important terms remain unclear or if the document referred to in the contract has not been provided.
Before signing, it is worth checking that you have:
- received the contract and all documents it refers to;
- checked the company name, vessel, rank and contract term;
- checked wage, overtime, working hours and rest;
- checked medical cover and repatriation terms;
- kept copies of the documents before joining.
The main principle is simple: if a collective agreement is part of the employment terms, it should be read before the voyage, not after a dispute begins.