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What are Crew Entitlements if you quit your job?
Bonnie
Posted: Friday, September 16, 2011 11:08 AM
Joined: 13/08/2008
Posts: 5


Crew entitlements at termination of employment are always hazy and I just want to know what are the minimum requirements if you quit your job? I know if you fired you receive a flight but what if you decided to quit? I have been working on a Isle of Mann flagged vessel for 18months- I am under the impression I should receive acquired holiday pay and a repatriation flight? Does anyone know if this correct?
junior
Posted: Friday, September 16, 2011 12:05 PM
Joined: 14/01/2009
Posts: 1026


Sure..every penny and promise the boat made plus a nice letter of reference, a handshake and maybe even a going away present.. Your responsibility is proper notice...thirty days or whatever...proper timing..don't be leaving in the middle of a high season activity and proper preparation..don't leave with the generator on the dock in fifty pieces. 18 months is a long time, this means you were a good crew so you should have no problems. Good crew are expected to move on to better positions. Most problems arise when crew fail to honour their side of best practice or contract.
Captain Andy
Posted: Friday, September 16, 2011 5:39 PM
Joined: 17/09/2008
Posts: 93


Hi Bonnie! As the Isle of Man is a Crown dependancy of the UK, the IOM registry is regulated by the MCA under the Red Ensign Group. I do not wish to give you a Business and Law lecture, so I will keep this very short and simple. What size is your vessel in GT? When you joined the vessel did you recieve a Crew Agreement, Contract and sign the Official Log Book? Junior is right, in the Crew Agreement and Contract is a notice period which is usually 30 days - a calender month. If you submit your notice you are required to work and to the best of your abilities as normal. If you resign, you are liable for your repatriation costs: if the yacht fires you, then they should pay for repatriation, unless you acted in such a way that they had to remove you from the vessel. If this is the case, the comany can recover some/if not al of the repatriation costs from your final pay!! If they fire you for any eason (not you negiagence or failure to follow an order!) the yacht should pay for repatriation. If they don't, they are commiting the act of Abandonment. This should be a paragraph written into your Contract and/or Crew Agreement. You should recieve a MINIMUM of 2.5 days of paid leave every month. This stems from the Merchant Shiping (Hours of Work) Regulations 2002 and will be incorporated in MLC 2006 shortly when this becomes active. Please note that this is the minimum leave, some crew contracts /crew agreements are a lot more than this. Again, please check your contract/crew agreement. Lastly, you are legally allowed to be paid off a maximum of 7 days before you leave the vessel in cash! You can agree to a bank transfer, but this should be in writing from you to the Captain. This letter will confirm the latest transfer date of your cash - which normally coincides with the yacht pay cycle. In addition, there is a penalty that is imposed by the MSA which states that if you have not received your money 56 days after you have left the yacht, you are entitled to a days pay at the same rate until you are paid. If it has not been paid after one year, you are entitled to charge 20% on the monies owed etc etc! If this is the case, then you will not have an option, but to seek legal redress through an Admiralty Lawyer. You SHOULD also receive a SEA SERVICE TESTIMONIAL without having to ask. Failure to provide this is a Category 3 offence and will cost the Captain about 1000 pounds sterling if you go to Court. The Captain does not have to provide a reference, however, sections of your sea service testimonial will comment on you professional abilities and sobriety! The last thing you must do is to sign the Official Logbook as a Seaman being Discharged from the vessel. I do hope this has provided the information you require. If you need more advice, please email me directly at yacht_captain@live.com.
sean
Posted: Sunday, September 18, 2011 2:11 AM
Joined: 05/06/2008
Posts: 87


Maritime law under any mantle requires that the vessel return you to the port you were acquired. This protects you, reguardless if your fired or you quit...if this is in debate you need to contact a maritime lawyer ASAP. Sea-time is legally required to be provided. Pay of any kind in based on your contractual agreement with the yacht. I have a few maritime lawyers who specialize if needed.
Rusty Wrench
Posted: Sunday, September 18, 2011 4:48 AM
Joined: 21/09/2010
Posts: 207


Entitlements?

As much as one can stuff into one's bag(s) before departing the vessel.


Anonymous
Posted: Monday, September 19, 2011 1:16 AM
"Maritime law under any mantle requires that the vessel return you to the port you were acquired." This is not true for private yachts. If you do not have a contract, be careful. http://www.gov.im/ded/shipregistry/
Anita Warwick
Posted: Tuesday, September 20, 2011 9:49 PM
Joined: 15/05/2008
Posts: 37


If you have your own individual crew health insurance, it goes with you, that's the beauty of having your own health plan! If you are on a boat group plan check to see if it has Continuation of Cover - a benefit that means you can continue the plan on your own dollar for sometmes 6 months.
Andy Davies
Posted: Wednesday, September 21, 2011 12:44 AM
Joined: 22/06/2008
Posts: 4


read your contract!
Rusty Wrench
Posted: Wednesday, September 21, 2011 1:26 AM
Joined: 21/09/2010
Posts: 207


CORRECT!

Always read the contract before you sign it.

Beware; if the 'contract' deviates from, or violates Flag State law, it is merely an entrapment instrument designed to limit/reduce your seafarer rights and ultimately control your shipboard life.

 


chrismlewis
Posted: Wednesday, September 21, 2011 7:10 AM
Joined: 09/10/2008
Posts: 121


Some flags have different regs (Sean I guess you are American) but if you do not have a contract to the contrary you fall back on Flag state law and ILO regulations. Mostly it is quite acceptable to flag for boats to issue contracts with an agreed point of repatriation (maybe port of embarkation or somewhere convenient like London). This protects the boat from having to fly Ozzies and Kiwis half way around the world after a week on board! But basically yes, you should be entitled to something.
Anonymous
Posted: Thursday, September 22, 2011 1:11 AM
Yachties are such a group of whiners. You just got paid extremely well for 18 months to clean a rich man's dirty sheets. Did you pay for rent, medical, food, entertainment, or security? I bet that the yacht even provided you with soap and toothpaste. What more do you want? You are not "entitled" to anything. You got paid for the job, now move on.
Bonnie
Posted: Thursday, September 22, 2011 1:03 PM
Joined: 13/08/2008
Posts: 5


Anonymous. You clearly have never worked on board before It is a lot more than just washing some rich guys dirty sheets. Speaking from experience you give up all personal freedoms and are on call and more often than not working 24|7. As a good, hard working crew member on a charter yacht you make a lot of money for your Boss. I think due holiday pay and a flight back to where they picked you up from is far from an extreme expectation. Believe me, if I had more than 10 minutes of personal time I would gladly go buy my own soap...little difficult when you are out at sea.
Bonnie
Posted: Thursday, September 22, 2011 1:09 PM
Joined: 13/08/2008
Posts: 5


Thank you very much for your reply and everyone else who replied! It was extremely helpful and educational! I have a contract and believe I should get my flight back to the port agreed upon and acquired holiday pay. It is good to know that we do have some power in ensuring we are granted this upon leaving.
Anonymous
Posted: Friday, September 23, 2011 12:47 AM
LOL. O' my sweet Bonnie. Don't you worry, I've worked plenty of boats. And the yachtie mentality these days only gets better. Look at your post, like the boss owes you something. YOU made him a lot of money on a charter yacht? Really? Did the charter guests pick that boat because of you? Did they say, I will only spend $100k for a week's vacation if Bonnie is my stewardess. Only she can change my sheets and wipe my arse. Was it your uncanny ability to inventory t-shirts and cleaning supplies? Did you forget that you were already paid for the work? It's called a salary. Or maybe you feel "entitled" for a bit more since you gave a little extra something, something? LOL. Take your money, get another job, and move on. Freaking Facebook generation. Look at poor me, I have it so bad. I work in air conditioning all day and eat meals prepared by a 5-star chef. Please send me an airline ticket to get away from this horrible situation. LOL!!!
Anonymous
Posted: Friday, September 23, 2011 11:48 AM
What a bitter, nasty person you are! If you hate yachties and yachting so much why come on here and vent all your rage. seems to me you need to move on. get a life.
Anonymous
Posted: Friday, September 23, 2011 12:41 PM
My dear fellow anonymous, I am not expressing any type of rage. I am simply trying to put a little reality and perspective into the situation. For some reason, crew in the yachting industry of late have taken the approach that they are owed something. This feeling of entitlement may be attributed to the economy, or it may be generational, but it is absolutely ridiculous. You join a charter yacht, KNOWING that it will be a lot of work and long hours. That's what you get paid for. Where in the mix does it say that you are owed something more? This industry is for the pleasure of the wealthy. With the snap of a finger, they could all collectively end it. This BS attitude of look at me, pay me more, I made you money, needs to stop. Do your job, get paid, and shut up. If you don't like, it's not the military, quit and move on.
sean
Posted: Friday, September 23, 2011 1:45 PM
Joined: 05/06/2008
Posts: 87


What is this...the "anynomous" pity party.  Whilst people are not 'owed' anything short of what they're contract obligates, there are certain legals rights under some registrars and industry standards that are common practice as I have seen in my 15 years in this industry.  You "anynomous" types must remember, when a yacht hires someone and it doesnt work out for whatever reason, the captain (or hiring party representing the vessel) is 50% responsible for brinig that person into the crew.  That responsibility is to check references and make sure this person is up to the standard that their C.V. says they are...just as the yacht should accurately present its program and expectations of that crew member.  When things go sour for any reason, that 50% responsibility of the vessel is repirations...to return that crew member to the point of embarkation (or whichever details they agree on) and fulfill contractual obligations. 

When poeple in this industry start getting this bitter on  a simple forum question, then they're day has clearly passed them.  Time to move on and get yourselves a job at West Mairine.


Larry Gray
Posted: Wednesday, September 28, 2011 5:15 PM
Joined: 28/09/2011
Posts: 2


Bonnie. I agree with most everyone that has a post on this issue. Yes the boat should send you back to the port you were hired from. Even if its not your home. Yes read your contract. But if no contract has been signed. That is a little tougher. Either way getting your Hoilday Pay... Good luck with that. I have been in this lifestyle, (yes its a lifestyle, more then job) for many years. Never got back holiday pay. But for many years contracts were never offered. Today its more common. If I can give you some advice there might be a time when you might have to leave a yacht. There might be no flight anywhere, no holiday pay, or even no crew pay. It has happend I know this first hand. Get yourself a credit card with at least $5000.00 on it NEVER use it. But keep it in back up for that one in a millon chance you are in a tough situation. At least it will get you home. Alot of what happens when a crew member quits a boat and how they are compensated, other then the legal requirments. Are how they leave the boat. giving the Captain ample notice. keeping a good and positive attitude, til their departure date. Its goes along way on how well the end compensation is givien. Lastly. To Anonymous. Dude get a grip!!!!! Boat crew give up alot of personal freedoms, personal space and time, to do this kind of work. That is why their is such high turnover. I do agree that their are more than more boat crew members out there that have the "What can you do for me attitude". For the job that they do on a boat compaired to the same job on shore. Crews are well paid. However Bonnie was just trying to find out her rights and what is commonly done when this kind of situation happens. So ease up a bit. If you are that bitter, I agree with the statement. Go work at West Marine. If they will have you Good Luck Bonnie
Captain Andy
Posted: Wednesday, September 28, 2011 5:29 PM
Joined: 17/09/2008
Posts: 93


Bonnie, just wondering how your situation stands now? Has it been resolved to your satisfaction?
Bonnie
Posted: Thursday, October 13, 2011 1:53 PM
Joined: 13/08/2008
Posts: 5


Thank you again for all the input. Just needed some more advice as the situation has not resolved. I had given adequate notice (one month) and am supposed to be finishing on the 23rd of this month. However, all crew (9 of us) including myself have not been paid our last (September) salary and some outstanding tips from the season. Getting worried as they had also promised money to come through to book my flight but it is a week later and no money. So now I am owed last months wages, this month (up until the 23rd), aquired holiday pay and my flight. As you can imagine this adds up to a lot. What is in my power and the other crew to ensure I (and all the crew) paid up to date before I depart??
John Doe
Posted: Thursday, October 13, 2011 5:12 PM
Joined: 13/10/2008
Posts: 69


You seem to hear this same story far to often these days. I wonder if the more affluent Management Companies could afford to set up some kind of "escrow" account for wages to attract the best crew to their agencies (finding good crew also seems to be an issue these days). The crew is essentially guaranteed payment in advance and forfeits any owed monies if they leave early without good reason. In my experience Captains have the resources to deal with crew issues. If you are good, they will help you out. If you are an issue or cause them grief they can make your life difficult and expensive.
ratpack
Posted: Friday, October 14, 2011 5:33 PM
Joined: 03/03/2011
Posts: 100


Bonnie - what flag does your boat fly - Marshall Islands ??
Anonymous
Posted: Sunday, October 16, 2011 12:55 AM
ratpack..."I have been working on a Isle of Mann flagged vessel for 18months..."
 
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