SEA Contracts and Repatriation for super yacht chefs

Thanks to chef Steve for letting us know about the following. We would like to share this info with you!

We recommend you check your SEA contracts before signing to make sure you are 100% aware of what your rights are regarding repatriation back to your home port if your contract is terminated whilst you are not onboard the yacht..

Basically if your yacht has repatriated you home for your holiday or elsewhere and they then terminate your contract you are not eligible for repatriation costs back home. See highlighted part.

You can of course ask for your contract to include the words to say that your repatriation costs if terminated will be paid for if you 'are not onboard' at the time of contract termination but you will need to negotiate this with your captain or yacht management company.

Thanks to our Nautilus Intl for confirming the following:

 

Text from email received:

Hi Efrem,

Regarding your enquiry, the SEA should state the place of repatriation which the ship-owner is obliged to repatriate the seafarer, occasionally the seafarer may wish to take their leave at a different location they may request this to the ship-owner who may or may not agree and cover the costs.

If the seafarer has requested this destination and the ship-owner has agreed to the destination and to cover the costs, then this destination has been mutually agreed by both parties. Obviously I would not recommend this option especially at the moment when borders can close and travel restrictions are changing frequently.

If the ship-owner has repatriated the seafarer on annual leave and seafarer has travelled abroad on holiday then the ship-owner is not obliged to repatriate them again following termination.

Under the MLC

6. Each Member should require that shipowners take responsibility for repatriation arrangements by appropriate and expeditious means. The normal mode of transport should be by air. The Member should prescribe the destinations to which seafarers may be repatriated. The destinations should include the countries with which seafarers may be deemed to have a substantial connection including:

(a) the place at which the seafarer agreed to enter into the engagement;

(b) the place stipulated by collective agreement;

(c) the seafarer’s country of residence; or

(d) such other place as may be mutually agreed at the time of engagement.

 

Hope this helps.

Kind regards

Rachel Lynch | Strategic Organiser
T: +44 (0)151 639 8454
W: www.nautilusint.org