MLC Policy

The MLC includes a set of mandatory and voluntary regulations. It sets out minimum standards of work and rest, living conditions, shore leave from vessels, the obligations of yacht owners, and much more. The protection and welfare of seafarers is at its core.

For seafarers joining a commercially registered yacht, protection is automatically granted - if a vessel is commercial, it should be MLC compliant. However, never assume compliance. Seafarers should check any contract/SEA thoroughly before joining a vessel.

If you are employed on board a private vessel, it is important to acknowledge that you may not benefit from the same rights. A private vessel does not need to implement the MLC. We would advise you to carefully review any contract before agreeing employment, to ensure working, rest and living conditions are to a safe standard.

Figure Eight offers a free confidential advisory service to crew who are unsure of any provisions in an employment contract - commercial or private.

Before joining any commercial vessel you must be given a Seafarers' Employment Agreement, and be given time to read and question the document before signing. There is no one standard contract, however information on suggested content and a model agreement can be found here.

The MLC confirms the following seafarer’s rights:

• The SEA must comply with current flag state laws and any Collective Bargaining Agreement. Any conditions within the contract should not be lesser than the minimum standards set out by the MLC.

  • (The agreement should be legal in the flag state of the yacht. If an agreement differs from the model contract, it should not offer anything less than the minimum MLC standard.)

• The right to review the SEA and seek advice concerning its contents both before and after signing.

  • (You should be given the opportunity to read any contract and seek independent advice before signing.)

• A copy of the SEA, signed by both parties for your personal record.

  • (Self-explanatory - you should always be given a copy of your contract countersigned by the yacht owner or captain

Figure Eight Yacht Management follows the strict guidance set out in MGN 475 Amendment 1.

This Marine Guidance Note lays out the rules for placement of crews and how personal information should be managed and stored. In effect, this ensures that we are regulated and do not follow any poor practices. FIgure Eight Yacht Management welcomes applications from all seafarers.

The responsibilities Figure Eight have include, but are not limited to the following:

• We will not keep any kind of blacklist to prevent individual seafarers from gaining employment.

• There is no charge made against the seafarer for any of our placement or registration services.

• We will ensure that seafarers recruited or placed are qualified for the job concerned.

• We will maintain an up-to-date register of all seafarers recruited or placed through us and an up-to-date list of the vessels for which we provide seafarers,

• We will ensure that our services can be easily contacted in an emergency, at all hours.

• We will ensure that SEAs are in accordance with flag state laws and regulations, as is any Collective Bargaining Agreement (CBA) that forms part of the employment agreement.

• We will inform seafarers of their rights and duties under their employment agreements prior to engagement.

• We will ensure seafarers have adequate time to review their SEA before signing.

• We will examine and respond to any complaint and advise the competent authority (Flag State) of any unresolved complaint. Please also see our Complaints Procedure.

• Make sure, as far as reasonably practicable, that the owner/management company/Captain has the means to protect seafarers from being stranded in a foreign port.

• Protect the confidentiality of seafarers’ personal data.

• We will not recruit any crew under the age of 16 years, or below the minimum age specified by vessel’s flag (whichever is higher).

• We will not recruit any crew under the age of 18 years as a ship’s cook.

The owner is ultimately responsible for the safety and wellbeing of seafarers on board their yacht, whether it is private or commercial. Consequently, many yacht owners choose to use a crew placement and yacht management service, to ensure they meet MLC requirements and to minimise their involvement in the compliance process - but most importantly to ensure their employees are safe.

When hiring through Figure Eight, yacht owners and captains can be reassured that a careful checking process has been completed. The team will sight certificates, qualifications and follow up references before passing suitable candidates forward to the owner for interview.

Figure Eight will also brief owners about their obligations as employers within the maritime industry, prior to any crew being placed.

For owners of private vessels, Figure Eight can make tailored recommendations to ensure that seafarer welfare is maintained to a high standard.

As a seafarer working on board a commercial vessel, it is important to know that your rights are protected in law by the Maritime Labour Convention 2006.

Again, seafarers employed on board private vessels do not automatically benefit from the MLC, however any contract can be checked by the Figure Eight team to ensure conditions concerning welfare are included.

The crew accept responsibility for:

• Providing accurate information about their maritime experience, training, qualifications and medical certification, that can be backed up with adequate references.

• Keeping the Figure Eight team updated with any changes to certification including expiries and renewals.

• Presenting copies of any reasonably requested certificates or additional documents to us or the ship owner, within an agreed time frame.

• Adhering to the terms set out in a SEA or employment contract.

• Making yourself aware of the onboard complaints procedure.

Figure Eight Yacht Management will only supply crews to commercial vessels that adhere to the standards set out in MLC2006, or private vessels that can prove crew welfare is regulated to a high standard on board.

We will check evidentiary documentation of any vessel prior to placing a crew.

Each commercially registered yacht should have an official On Board Complaints Procedure. This should include details of the management company, shipowner and relevant representative of the flag state.

This procedure aims to resolve conflict and solve grievances that a seafarer may have, at the lowest level.

Put simply, it is a means to make a formal complaint without fear of discrimination or repurcussion when you are working on board a vessel, often away from your home country.

“At the lowest level” means the resolution should also be attempted at the first available opportunity (ie, initial complaint is made to the Chief Officer, Master, then Figure Eight, then the shipowner, then the MLC department of the MCA) - rather than directly escalating a grievance off the yacht.

You always have the right to complain directly to a shipowner or the MCA’s MLC department at any time during your employment: 105 Commercial Road, Southampton, SO15 1EG or by using the email address mlc@mcga.gov.uk.

If you wish to make a complaint against Figure Eight Yacht Management, this should be made in writing either by email or post to the company directors using the contact information listed on the website.

The complaint should be made within 14 days of an incident occurring, unless extenuating circumstances prevent this. Figure Eight Yacht Management will acknowledge receipt of any complaint within 7 working days. We will then investigate and seek to resolve the complaint within 14 working days.

Should the complaint remain unresolved, we will bring it to the attention of the relevant authority or appropriate flag state and commit to keeping the seafarer updated.