Crew & Concierge Ltd, terms and conditions for temporary and permanent candidates.

DEFINITIONS

In these terms and conditions the following definitions apply:

Client
Being the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 (English Law) to which the Candidate is introduced and is the registered Owner of the Yacht/Property

Consultancy
Being Crew & Concierge Ltd: Registered; Orchard Leigh, Sandhills, Knowl Hill, Reading Berkshire, RG10 9XX.

Yacht/Property
Being the vessel/property to which the Consultancy provides a Candidate for interviews and subsequent employment.

Candidate
Being the person/crew member introduced by the Consultancy to the Client for interview and subsequent employment.

 

The following agreement is written for Candidate’s advice, guidance and potential employment protection.  We ask the Candidate to take time to read the following information and take a look at our draft Seafarers Employment Agreement (SEA), this is available on our website.  It encompasses, as far as possible, the yacht’s obligations to you under MLC 2006.  There is not a standard document for a SEA, however, the copy displayed on our website is ideally what you should be looking to obtain in any SEA.

https://www.gov.uk/seafarer-working-and-living-rights/maritime-labour-convention

SEA’s are required to comply with current applicable national laws and regulations and should include any Collective Bargaining Agreement that may apply to them.  Together they should not be less favourable than the minimum standards of MLC.  MLC gives the Candidate the right of sufficient time to study the content before and after signing a SEA with the Client.  Please ensure you also receive a copy of this.

Below is some more advice.  It is recommended that you satisfy yourself of these items at or subsequent to the interview/s with any potential employer.  You should be sure that all sections of the SEA are completed and acceptable to you.  Where a yacht does not need to comply with MLC or flies the flag of a country which has not ratified MLC you should ensure you are happy with the conditions offered.

We also provide a link which lists the flag states who have currently ratified MLC 2006

http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:312331

MLC provides protection for such matters as the below (which is not an exhaustive list).

It requires Flag States to carry out regular inspections. It sets out responsibilities of yacht owners to the seafarers.  It requires documentation to be provided for you which makes clear the standards of working and living conditions on-board.  Crew & Concierge Ltd will make sure, as far as practicable, that the Client is financially able to fulfil his obligations to you; you should also try to determine that you are similarly satisfied.  You should also determine that you have adequate personal insurance cover provided for you by the Client during the period of your employment.

You will not be subject to exploitation by Crew & Concierge and similarly should not be by the Client. Therefore: Crew & Concierge will not charge candidates any direct or ‘hidden’ costs before, during or after the registration process through to placement.  Crew & Concierge will assist next of kin or concerned family members with any advice and guidance they can.  This will be at no cost. In so doing and, if necessary, they will first try to verify that the credibility of the relationship is genuine and for example will try to advise the Candidate of any concerns and pass over contact details of the family member to the engaged Candidate, (rather than vice versa, for the potential protection of the personal details of the crewmember). To this end, Candidates are requested here to maintain up-to-date records of their own personal contact details for use by Crew & Concierge.  It is illegal to engage a person less than 16 years of age on a yacht (or 18 years of age as a Chef).  Crew & Concierge will not therefore nominate such individuals to our Clients.  Should you have any complaint or grievance whilst employed on a yacht following placement by Crew & Concierge, or are required to respond to any alleged complaint or grievance levelled against you which you choose to contest, you are guided to follow the complaints and grievances procedure outlined on-board.  Should you have a complaint or grievance concerning the conduct of Crew & Concierge during the employment process, it should be brought to our attention promptly and in writing.

It will be documented and as far as possible all efforts will be made to resolve the issue/s.

If this is finally unresolved we will bring it to the attention of the appropriate representative of the ‘flag state’.  Crew & Concierge is not responsible for any damages resulting from the actions taken by us, or a competent authority, to resolve the complaint.  Crew & Concierge provide details of our emergency telephone details on the ‘About Us’ page of our website www.crewandconcierge.com. You will also find the mobile numbers of our director, manager and consultants.  Under the MLC Convention Crew & Concierge, are contracted to provide suitably qualified individuals to our Clients. In signing (‘ticking’) on the registration page, you are guaranteeing that you will provide us on request with your statutory documentation including any Certificates of Competency, passport, STCW certification, your marine medical (eg. ENG1) and any references from previous employment. You also undertake that the information you provide to us is always authentic and an accurate representation of your experience, training, qualifications and marine medical status. You also agree to keep us updated with any renewal or update of certification and marine medical compliance. If engaged you will also need to provide the yacht or their representatives with your full qualifications, certificates of training and medical document together with any other paperwork they may reasonably request.