Candidate Agreement

Global Crew Services Candidates Terms and Conditions

By registering with Global Crew Services SL (hereinafter referred to as GCS) and entering information on this website, you (hereinafter referred to as Candidate) enter into an agreement that hereby authorises GCS to forward your personal data to captains, management companies, and other interested parties (hereinafter referred to as the Client). GCS has a strict privacy policy and any personal data provided by you is subject to this protection, and you agree to GCS keeping your personal data until specified otherwise under the Data Protection Act (DPA) 1998.

 

The following information is written for the Candidate’s advice, guidance and potential employment protection. We ask the Candidate to read the following information on the MLC 2006, provided on the links to the MCA website and to look at the model format of the Seafarer’s Employment Agreement (SEA). There is not a standard SEA document, however, this shows an example provided by the MCA and it encompasses as far as possible, the yachts obligations under MLC 2006. If a yacht does not need to comply with MLC 2006 Candidates should ensure that they understand and are satisfied with the conditions of employment offered.

 

MLC 2006

 http://www.dft.gov.uk/mca/mcga07-home/workingatsea/mcga-healthandsafety/maritime_labour_convention_2006.htm

SEA

http://www.dft.gov.uk/mca/mcga07-home/workingatsea/mcga-healthandsafety/maritime_labour_convention_2006/mcga-ds-ssh-mlc-sea.htm

 

The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally enforceable agreement and shall be consistent with the standards set out in the Code. The Candidate should be satisfied with these terms at, or following, interview with the Client.

The SEA is issued in accordance with the member's national law and regulations, and incorporates any Collective Bargaining Agreement that may apply to them. Together they should not be less than favourable than the minimum standards of MLC 2006. The Candidate will be informed of their rights and duties under their SEA prior to or in the process of engagement. Where a yacht does not need to comply with MLC or flies the flag of a country which has not ratified the convention the Candidate should ensure satisfaction with the conditions offered.

The SEA shall be agreed to by the Candidate under conditions which ensures that the Candidate has the right and opportunity to review and seek advice on the terms and conditions in the agreement before and after signing. All sections of the SEA should be completed and found acceptable to the Candidate, and the Candidate should receive a copy of the signed SEA.

MLC 2006 provides protection for seafarers and it requires Flag State to carry out regular inspections. It sets out the responsibilities of the yacht owners to the seafarers and also requires documentation to be provided, which makes clear the living and working conditions onboard.

GCS want to bring to your attention that once aboard there maybe disciplinary procedures consistent with national law in place, which should be explained in greater detail within your SEA. It is your responsibility to have read any disciplinary procedures.

 

GCS will make sure, as far as practicable, that the Client is financially able to fulfill his obligations to the Candidate and has the means to protect the seafarer from being stranded in a foreign port, it is advised that the Candidate should also determine this is satisfactory. The Candidate should also determine that adequate personal insurance cover is provided by the client during the period of employment.

The Candidate will not be subject to exploitation by GCS and similarly should not be by the Client. Therefore GCS will not charge candidates any direct or 'hidden' costs during or after the registration process through to placement.

The Candidate is responsible for the cost of obtaining an STCW certificate (approx. 1200 euros), recognised medical certificate (approx. 150 euros), passport, seafarer’s book or other similar personal travel documents.

GCS will assist with any request for information or advice by next of kin or family members promptly and at no cost, but will first verify that the request is genuine and, for example, will try to contact the Candidate to advise of any concerns and pass on the contact details of the family member for personal protection. The Candidate is responsible for maintaining their personal profile and keeping the information up to date, including personal and next of kin contact details.

 

Should the Candidate have any grievance or complaint whilst employed on a yacht following selection by GCS, or is required to respond to any alleged complaint or grievance levelled against the Candidate which the Candidate chooses to contest, the Candidate is guided to follow the complaints and grievances outlined onboard. Should the Candidate have any complaint or grievance concerning the conduct of GCS during the selection process, it should be brought to the attention of GCS promptly and in writing. It will be documented and as far as possible all efforts will be made to resolve the issue. If this is unresolved it will be brought to the attention of the appropriate representative of the ‘Flag State’. GCS is not responsible for any damages resulting from the actions taken by them, or a competent authority, to resolve the complaint. A copy of the Complaint Procedure can also be found on our website.

 

GCS contact details, including the mobile telephone number which can be used for emergencies, are provided on the ‘Contact Us’ page on our website www.globalcrewservices.com

 

The Candidate confirms that, to the best of their knowledge, the information provided when registering with GCS and creating a personal profile is accurate, truthful and authentic. GCS retains the right to end all dealings with anyone providing them with misleading information and if a placement has already been made, the misleading information will be reported to the yacht which will decide on the appropriate course of action. Under the MLC 2006 GCS are contracted to provide suitably qualified candidates to our Clients. By ‘ticking’ on the registration page you are guaranteeing that you will provide us, on request, your statutory documentation (Passport, STCW, ENG1 medical or equivalent, any Certificates of Competency and any references from previous employment). You also agree to update any renewed certificates or documents. If employed, you will need to provide the Client with your full qualifications, medical and training certificates and any other documents that they may reasonably request.

It is illegal to employ a person under the age of 16 years, or under the age of 18 years as a cook or for night time duties, and so GCS will not refer such Candidates to any Client.

 

 

 

Last revision_2: August 2017

 

Placement Agency No 0400000017