Terms and Conditions for Permanent and Temporary Candidates.
In these Terms and Conditions the following definitions apply:
Means the person introduced by the Consultancy to the Client for interview / employment.
Means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Candidate is introduced and is the registered Owner of the Yacht.
Means wilsonhalligan, Suites B&C, Webb House, 20 Bridge Rd, Park Gate, SO31 7GE
Means the vessel to which the Consultancy provides a Candidate for interview / employment.
The following agreement is written for Candidate advice, guidance and potential employment protection.
Please read the draft Seafarers Employment Agreement (SEA), available on our website. Click here to read and understand it to be similar to that which should be offered to you when engaged in yacht employment. It encompasses as far as possible the yachts obligations to you under MLC 2006. It is a good example only, as there is not a standard, SEA.
SEA’s are required to comply with current applicable national laws and regulations and should include any Collective Bargaining Agreement that may apply to them. Together they should not be less favourable than the minimum standards of MLC.
MLC gives the Candidate the right of sufficient time to study the content before and after signing an SEA with the Client. You should also receive a copy of the document.
Further general advice is recorded below and it is recommended that you satisfy yourself of these items at or subsequent to the interview/s.
You should be sure that all sections of the SEA are completed and acceptable to you.
Where a yacht does not need to comply with MLC or flies the flag of a country which has not ratified MLC you should ensure you are happy with the conditions offered. Click here to see flag states who have currently ratified MLC 2006. MLC provides protection for such matters as the below (which is not an exhaustive list).
· It requires Flag States to carry out regular inspections.
· It sets out responsibilities of yacht Owners to the seafarers.
· It requires documentation to be provided for you which makes clear the standards of working and living conditions onboard.
wilsonhalligan will make sure, as far as practicable, that the Client is financially able to fulfil his obligations to you; you should also try to determine that you are similarly satisfied.
You should also determine that you have adequate personal insurance cover provided for you by the Client during the period of your employment.
You will not be subject to exploitation by wilsonhalligan and similarly should not be by the Client. Therefore:
· wilsonhalligan will not charge candidates any direct or ‘hidden’ costs before, during or after the process of registration through to placement.
· wilsonhalligan will assist next of kin or concerned family members with any advice and guidance they can. This will be at no cost. In so doing and if necessary, they will first try to verify that the credibility of the relationship is genuine and for example will try to advise the Candidate of the concerns and pass over contact details of the family member to the engaged Candidate, (rather than vice versa, for the potential protection of the personal details of the crewmember). To this end, Candidates are requested here to maintain up to date records of their own personal contact details, for use by wilsonhalligan.
· It is illegal to engage a person less than 16 years of age on a yacht (or 18 years of age as a Chef). wilsonhalligan will not therefore nominate such individuals to our Clients.
· Should you have any complaint or grievance whilst employed on a yacht following placement by wilsonhalligan, or are required to respond to any alleged complaint or grievance levelled against you which you choose to contest, you are guided to follow the complaints and grievance procedure outlined onboard.
· Should you have a complaint or grievance concerning the conduct of wilsonhalligan during the employment process, it should be brought to our attention promptly and in writing. It will be documented and as far as possible all efforts will be made to resolve the issue/s. If this is finally unresolved we will bring it to the attention of the appropriate representative of the ‘flag state’. wilsonhalligan is not responsible for any damages resulting from the actions taken by us, or a competent authority, to resolve the complaint.
· wilsonhalligan provide details of our emergency telephone details on the ‘Contact Us’ page of our website – specifically, the mobile numbers of our directors, managers and consultants.
Under the MLC Convention wilsonhalligan, are contracted to provide suitably qualified individuals to our Clients. In signing (‘ticking’) on the registration page, you are guaranteeing that you will provide us on request with your statutory documentation including any Certificates of Competency, passport, STCW certification, your marine medical (eg. ENG1) and any references from previous employment. You also undertake that the information you provide to us is always authentic and an accurate representation of your experience, training, qualifications and marine medical status. You also agree to keep us updated with any renewal or update of certification and marine medical compliance. If engaged you will also need to provide the yacht or their representatives with your full qualifications, certificates of training and medical document together with any other paperwork they may reasonably request.