The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
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9 Duty to enter into seafarer employment agreement
(1) A seafarer must have a seafarer employment agreement which complies with this regulation. (2) Subject to paragraph (4), if the seafarer is an employee but is not an employee of the shipowner— (a) the employer of the seafarer must be a party to the seafarer employment agreement; and (b) the seafarer employment agreement must include provision under which the shipowner guarantees to the seafarer the performance of the employer's obligations under the agreement insofar as they relate to the matters specified in– (i) paragraphs 5 to 11 of Part 1 of Schedule 1; and (ii) Part 2 of Schedule 1. (3) Subject to paragraph (4), if the seafarer is not an employee or if the seafarer is an employee of the shipowner, the shipowner must be a party to the seafarer employment agreement. (4) Paragraphs (2)(b) and (3) do not apply if the parties to a seafarer employment agreement are— (a) a seafarer who is on board the ship for the principal purpose of receiving training; and (b) an approved training provider. (5) A breach of paragraphs (1) to (3) is an offence by the shipowner. (6) In this Part— “approved training provider” means a person who provides or secures the provision of seafarer training pursuant to an agreement with the Secretary of State; and “employer” means a person by whom the seafarer is employed under a contract of employment.
9 Duty to enter into seafarer employment agreement
(1) A seafarer must have a seafarer employment agreement which complies with this regulation. (2) Subject to paragraph (4), if the seafarer is an employee but is not an employee of the shipowner— (a) the employer of the seafarer must be a party to the seafarer employment agreement; and (b) the seafarer employment agreement must include provision under which the shipowner guarantees to the seafarer the performance of the employer's obligations under the agreement insofar as they relate to the matters specified in– (i) paragraphs 5 to 11 of Part 1 of Schedule 1; and (ii) Part 2 of Schedule 1. (3) Subject to paragraph (4), if the seafarer is not an employee or if the seafarer is an employee of the shipowner, the shipowner must be a party to the seafarer employment agreement. (4) Paragraphs (2)(b) and (3) do not apply if the parties to a seafarer employment agreement are— (a) a seafarer who is on board the ship for the principal purpose of receiving training; and (b) an approved training provider. (5) A breach of paragraphs (1) to (3) is an offence by the shipowner. (6) In this Part— “approved training provider” means a person who provides or secures the provision of seafarer training pursuant to an agreement with the Secretary of State; and “employer” means a person by whom the seafarer is employed under a contract of employment.
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