When preparing to sign a Seafarer Employment Agreement (SEA), understanding its terms and conditions is essential. SEAs are not uniform and often differ based on the flag state of the vessel. These differences can significantly impact aspects like leave entitlements, certification requirements, and medical cover. This article focuses on minimum leave entitlements, a crucial element for seafarers to examine closely.

Why Minimum Leave Entitlement Matters

Leave entitlements are essential to ensuring a healthy work-life balance for seafarers, who spend extended periods away from their families and home. Under the Maritime Labour Convention (MLC, 2006), the standard minimum annual leave is calculated at 2.5 days per month of service, or roughly 30 days a year. However, not all flag states adhere strictly to this standard, and some may offer varying leave arrangements. Here’s what to look for in your SEA regarding leave entitlement.

1. Confirm Leave Entitlements

The first step is to check how leave is calculated and whether the SEA complies with the MLC standard or offers enhanced benefits. Some flag states or employers may provide more than the minimum 30 days per year, which could be a significant advantage. Ensure the SEA specifies the number of leave days you are entitled to and how these days are accrued. Rotation has become increasingly commonplace with 5:1, 3:1, 2:1 and 1:1 ratios according to seniority. 

Certain contracts may also offer additional leave for long voyages or challenging working conditions. Understanding these provisions ensures you can plan your time off and avoid misunderstandings.

2. Check for Accumulation Policies

Some SEAs allow leave to be accumulated or carried over to subsequent contract periods, while others require it to be used within the same contract period. This distinction is crucial, especially for seafarers facing unforeseen circumstances like extended deployments or delays in crew changes.

Ensure the SEA outlines the rules for leave accumulation and usage. If you cannot take your leave due to operational demands, the agreement should clarify whether unused leave will be compensated or carried forward.

3. Transportation Provisions for Home Leave

Another critical element to review is whether the SEA includes transportation to and from your home for leave periods. Many employers cover travel expenses as part of their SEA, ensuring you can return home without financial strain. If the vessel is MLC compliant, this is a given, but not all vessels are.

If transportation costs are not included, calculate the potential expenses and factor this into your decision to sign the contract. Additionally, confirm if the SEA covers return travel in emergencies or unexpected contract terminations.

4. Transportation in the Event of a Seafarer’s Death

While it’s a difficult and morbid topic, the SEA should include provisions for the repatriation of a seafarer’s remains in the unfortunate event of death during service. Most flag states and employers are required to cover the costs of transporting the remains to the seafarer’s home country, along with personal belongings. This provision ensures the family is not burdened with the financial and logistical challenges of repatriation. Confirm that this clause is included in the SEA and aligned with the standards set by the MLC, 2006.

Minimum leave entitlement is not just a legal requirement but a fundamental aspect of a seafarer’s overall well-being. By thoroughly reviewing the leave provisions in your SEA, you can ensure that your time off is adequate, well-compensated, and effectively planned. This is just one of several key areas to focus on when reviewing your SEA. If you are unsure of any of the stipulations, clarify with your employer, it your right to be able to understand all aspects of your contract fully before making a commitment. Stay tuned for Part 2, where we’ll delve into certification requirements.

Virtual Pursers co-founders, Bec McKeever and Dominique Smit provide yacht administrative assistance to all vessels, no matter the size of the yacht or the extent of the need.