SEA Contracts and Repatriation for Super Yacht Crew
Thanks to chef Steve for letting us know about the following — we'd like to share this info with you.
We recommend you check your Seafarer Employment Agreement (SEA) before signing, to make sure you're fully aware of your rights regarding repatriation back to your home port if your contract is terminated while you're not onboard the yacht.
1Check the repatriation clause — read what your SEA states about your place of repatriation before you sign it.
2Know the default rule — if your yacht has already repatriated you home for a holiday or elsewhere and they then terminate your contract, you're not automatically eligible for repatriation costs home again.
3Negotiate if it matters to you — you can ask for your contract to state that repatriation costs will be paid if terminated while you 'are not onboard', but you'll need to negotiate this directly with your captain or yacht management company.
Confirmed by Nautilus International
We asked Nautilus International to confirm the position, and Rachel Lynch, Strategic Organiser at Nautilus, replied:
"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 and may request this from 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 — though we wouldn't recommend this option, especially when borders can close and travel restrictions change frequently. If the ship-owner has repatriated the seafarer on annual leave and the seafarer has then travelled abroad on holiday, the ship-owner is not obliged to repatriate them again following termination."
Rachel Lynch, Strategic Organiser, Nautilus International
What the Maritime Labour Convention Says
Under the MLC, each member state should require shipowners to take responsibility for repatriation arrangements by appropriate and expeditious means, normally by air. The destinations to which seafarers may be repatriated should include countries with which the seafarer has a substantial connection, including:
- The place at which the seafarer agreed to enter into the engagement
- The place stipulated by collective agreement
- The seafarer's country of residence
- Such other place as may be mutually agreed at the time of engagement
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