Credit: Captain Fernando Vallmitjana
The first issue of The Crew Report I ever produced included an announcement that the Maritime Labour Convention, 2006 (MLC) had been ratified. Since that date, some three years ago, I’ve written a good deal about the convention and there has been one facet that has become quite clear as the most problematic. To comply with the hours of work and rest we need more crew, but the LY3 accommodation requirements don’t allow for this. It makes sense, then, that the industry takes a good look at the use of dayworkers. This isn’t necessarily an option for charters because these dayworkers would need somewhere to sleep, but during those busy turnarounds between charters, this is a viable option.
Under the MLC, a dayworker is not counted as a seafarer and therefore is not subject to a Seafarer Employment Agreement, however there are still legal obligations in place. “A dayworker is subject to the local and national laws of the place where the vessel is docked,” explains Danny McGowan, senior assistant organiser at Nautilus International. “In some countries, such as Italy and France, yacht managers have learned to become extremely careful with dayworkers as they are aware that they can be held responsible under national law. Some [companies] charge the vessel owner a few and place the dayworker on the [company’s] own payroll. Elsewhere, things are not so cut and dried.”
"It is best to have some kind of contract in place and most insurers will want to see something, to know the extent of any potential payout." - John Cook, partner, Lesia Employment Services
John Cook, partner at Lesia Employment Services, recommends creating a temporary contract. “We create a temporary employment agreement that is similar to a SEA and get the employee to sign it,” Cook explains. “In our experience it is best to have some kind of contract in place and most insurers will want to see something, to know the extent of any potential payout. Also I think they require them as they want to make sure this person is not actually operating as crew.”
To see an example of a temporary employment agreement, take a look at what the captain of M/Y Ulysses offers here.