Crew AgreementsCrew Agreements

Malcolm MaclachlanMalcolm Maclachlan

• Agreement in writing Agreement in writing made between each person made between each person employed as a employed as a seamanseaman and his/her employer; to be and his/her employer; to be signed by seaman and by or on behalf of employersigned by seaman and by or on behalf of employer

• All seamen’s agreements to be in one CA document.All seamen’s agreements to be in one CA document.

• MCA may approve agreements contained in more MCA may approve agreements contained in more than one CA.than one CA.

• Provisions and form of CA to be approved by MCA. Provisions and form of CA to be approved by MCA.

• CA to be carried in ship whenever ship goes to sea. CA to be carried in ship whenever ship goes to sea.

Ships exempt from Ships exempt from requirement to have a Crew requirement to have a Crew

AgreementAgreement• Ship owned by a general lighthouse authority.Ship owned by a general lighthouse authority.

• Ship of less than 80 register tons engaged solely on Ship of less than 80 register tons engaged solely on coastal voyages*.coastal voyages*.

• Pleasure yacht on a coastal voyage*, or any other Pleasure yacht on a coastal voyage*, or any other voyage if no more than 4 crew are paid.voyage if no more than 4 crew are paid.

• Coastal voyage* by any ship solely for purpose of Coastal voyage* by any ship solely for purpose of trials of the ship, its machinery or equipment.trials of the ship, its machinery or equipment.

Lists of Crew (LOC)Lists of Crew (LOC)

• Master Master isis a seamen for purposes of Pt II a seamen for purposes of Pt II so must be on a LOC.so must be on a LOC.

• 2 types of LOC (for all ships):2 types of LOC (for all ships):1.1. for seamen who are for seamen who are partiesparties to a CA: to a CA: ALC1(a)ALC1(a)

2.2. for seamen for seamen exemptexempt from signing a CA: from signing a CA: ALC1(b) ALC1(b) (Master should also be listed on this.)(Master should also be listed on this.)

• Both LOCs to be in CA document (ALC1).Both LOCs to be in CA document (ALC1).

Seamen exempted from Seamen exempted from signing a Crew Agreementsigning a Crew Agreement

• Person employed in ship solely in connection with Person employed in ship solely in connection with construction, construction, alteration, repair or testingalteration, repair or testing of ship and not engaged in navigation of ship and not engaged in navigation of ship.of ship.

• Person solely employed in work directly related to: Person solely employed in work directly related to: – sub-sea exploration/exploitationsub-sea exploration/exploitation– sub-sea gas storage/recoverysub-sea gas storage/recovery– sub-sea cable workssub-sea cable works– pipeline workspipeline works– provision of goods, personal services or entertainment on provision of goods, personal services or entertainment on

board, board,

• Member of British Member of British naval, military or air forcesnaval, military or air forces

• Should be listed on ALC1(b).Should be listed on ALC1(b).

Display of CADisplay of CA

• Master must arrange for copy of any CA Master must arrange for copy of any CA relating to ship, or extract containing relating to ship, or extract containing applicable terms, to be posted in some applicable terms, to be posted in some conspicuous place.conspicuous place.

• Must be kept so posted and legible.Must be kept so posted and legible.

• ALC6 is used. Attach copy of each ALC1(d) ALC6 is used. Attach copy of each ALC1(d) in use. in use.

Supply & production of Supply & production of copy documentscopy documents

• On demand of a seaman, the On demand of a seaman, the employer or master must, within a employer or master must, within a reasonable time: reasonable time:

1.1. supply a copy CA or extracts showing supply a copy CA or extracts showing his/her employment terms; andhis/her employment terms; and

2.2. make available any document referred to make available any document referred to in CA (e.g. MN Code of Conduct, D&A in CA (e.g. MN Code of Conduct, D&A Policy).Policy).

Crew Agreement Crew Agreement documentsdocuments• ALC 1ALC 1 Crew Agreement and List of Crew - outer cover.Crew Agreement and List of Crew - outer cover.

• ALC 1(a)ALC 1(a) List of Crew and Signatures of Seamen Who Are Parties to the List of Crew and Signatures of Seamen Who Are Parties to the Crew Agreement.Crew Agreement.

• ALC 1(b)ALC 1(b) List of Crew Relating to Seamen ExemptedList of Crew Relating to Seamen Exempted

• ALC 1(c)ALC 1(c) List of Young Persons.List of Young Persons.

• ALC 1(d)ALC 1(d) Contractual Clauses (BSF or NFD).Contractual Clauses (BSF or NFD).

• ALC 6ALC 6 Copy of Crew Agreement.Copy of Crew Agreement.

• All may be inspected in ILO 178 inspections.All may be inspected in ILO 178 inspections.

Indefinite agreementsIndefinite agreements

• No expiry date (like shore employment). Seaman No expiry date (like shore employment). Seaman may give notice at any time (could be expensive may give notice at any time (could be expensive for owner).for owner).

• To be MCA-approved. Normally restricted to Near-To be MCA-approved. Normally restricted to Near-Coastal v/ls unless employer agrees otherwise.Coastal v/ls unless employer agrees otherwise.

Multiple ship Multiple ship agreementsagreements• One CA relating to more than one ship, One CA relating to more than one ship,

e.g. fleet of ferries on same route.e.g. fleet of ferries on same route.

• Main CA kept ashore. Name of all ships Main CA kept ashore. Name of all ships on front cover.on front cover.

• Copy of main CA on board each ship.Copy of main CA on board each ship.

Crew not required to sign Crew not required to sign off on leaving vesseloff on leaving vessel

• Seamen on regular work pattern (e.g. 2 on/2 off; do not Seamen on regular work pattern (e.g. 2 on/2 off; do not need to sign off when leaving v/l, provided:need to sign off when leaving v/l, provided:– they are paid throughout period off;they are paid throughout period off;– they are expected to rejoin before CA expires.they are expected to rejoin before CA expires.

• Prior MCA approval required.Prior MCA approval required.

• OLB record to be made of leaving and rejoining v/l.OLB record to be made of leaving and rejoining v/l.

• Seaman who gets switched or fails to rejoin to be signed Seaman who gets switched or fails to rejoin to be signed off in his/her absence.off in his/her absence.

• Used in ferries, offshore vessels, etc.Used in ferries, offshore vessels, etc.

Discharging a seamanDischarging a seaman• Make Discharge Book entries. Make Discharge Book entries.

• Issue Cert. of Discharge if no Discharge Book.Issue Cert. of Discharge if no Discharge Book.

• If seaman requests, within 6 months from date of discharge If seaman requests, within 6 months from date of discharge or leaving ship, master or authorised officer must give or leaving ship, master or authorised officer must give seaman separate certificate seaman separate certificate eithereither as to quality of his work as to quality of his work or indicating whether he has fully discharged obligations or indicating whether he has fully discharged obligations under CA.under CA.

• If absent, state reason in place of his signature.If absent, state reason in place of his signature.

• OLB narrative section entry.OLB narrative section entry.

Closing Crew AgreementClosing Crew Agreement

• Discharge all seamen.Discharge all seamen.

• Remove ALC 6.Remove ALC 6.

• Send all CA docs + OLB + Radio Log Send all CA docs + OLB + Radio Log (retain copy sheets) to MCA in UK or (retain copy sheets) to MCA in UK or Proper Officer abroad.Proper Officer abroad.