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Seafarer Employment Contracts

Can I negotiate the terms of my SEA?

While standard terms are often fixed, you can sometimes negotiate contract duration, notice periods, or clarify wage components. Always review before signing.

What happens if I work without a signed contract?

Working without a signed SEA is illegal under MLC 2006. If injured or unpaid, proving your agreed terms becomes much harder, relying on general laws.

Does the SEA cover my travel to the ship?

Yes, the SEA or CBA usually dictates that the shipowner pays for travel to the vessel and repatriation. Ensure this is explicitly stated.

Is an electronic signature valid on an SEA?

Yes, electronic signatures are generally accepted, but you must have access to an original or digital copy on board at all times for inspections.

Reading Time

3 min

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The Seafarer Employment Agreement (SEA) is the core document defining a seafarer's working conditions, rights, and duties on board. The importance of this agreement is often underestimated by seafarers before signing, which later leads to serious problems. The Maritime Labour Convention (MLC 2006) and Georgian legislation impose strict requirements on the content of the SEA. Qualified legal services in this field involve drafting contracts (for shipowners) and reviewing/analyzing them (for seafarers) to ensure fair and lawful employment relationships.

What does Seafarer Employment Contracts service cover?

The service targets seafarers, crewing companies, and shipowners:

  • Contract Audit: Checking the terms of the contract offered to the seafarer for compliance with MLC 2006 standards and ITF collective agreements.
  • Contract Drafting: Developing standard SEA forms for shipowners that comply with flag state laws and company policies.
  • CBA Integration: Correctly reflecting Collective Bargaining Agreement terms in individual employment contracts.
  • Dispute Prevention: Clarifying ambiguous clauses and identifying risks (e.g., regarding wage deductions, repatriation costs, or fines).

Common Situations and Risks

Improperly executed contracts lead to the following problems:

  • Hidden Costs: The contract's "fine print" states that costs for uniforms, visas, or training are borne by the seafarer, which often contradicts the MLC.
  • Wage Ambiguity: Basic Wage and Fixed Overtime are not clearly separated, reducing compensation for leave or sickness.
  • Early Termination: Conditions for early contract termination and Severance Pay if the shipowner sells the vessel are not defined.
  • Jurisdiction: The contract stipulates dispute resolution in a distant country (e.g., Panama or Liberia), making it practically impossible for the seafarer to enforce rights.

Georgian Legislation and Regulations

In Georgia, SEAs are regulated by the Law on Labour of Seafarers, which is fully compliant with MLC 2006. The law obliges employers to give seafarers sufficient time (at least 24 hours) to review the contract and seek legal advice before signing. The SEA must include information about the seafarer's identity, the vessel, wages, leave, health insurance, and social protection. Georgian law invalidates any contract term that worsens the seafarer's position compared to the minimum statutory standards.

Service Process

Consultation involves:

  1. Review: Detailed reading and legal analysis of the draft contract.
  2. Discrepancy Detection: Identifying clauses inconsistent with law and international standards.
  3. Recommendations: Advising the seafarer on what changes to request or what risks to expect.
  4. Negotiation: Communicating with the crewing company to clarify terms if necessary.

Why Legal.ge?

Many seafarers sign contracts without reading them for fear of losing the job. Legal.ge allows you to quickly and confidentially check your contract with experienced maritime lawyers. We will help you understand your rights and avoid "slave" contracts. For shipowners, we create a solid legal framework that minimizes the risk of labor disputes.

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