Welcome to the Dockwalk.com Forum

 

In order to post a comment in one of the forum topics, you must log in or sign up. Your display name will appear next to your posts unless you check the Post Anonymously box. When writing a post, please follow our forum guidelines. If you come across a post that you would like us to review, use the Report Post button. Please note the opinions shared in the forums do not necessarily reflect the views of Dockwalk.


RSS Feed Print
Accrued Leave
Garrick Douthwaite
Posted: Sunday, October 9, 2011 6:04 PM
Joined: 08/03/2011
Posts: 1


Hi all Our yacht recently changed ownership. As a result, all crew are on a month 'probation.' During this month, should we accumulate leave as per our previous contracts? New employment contracts have not been drawn up yet. As far as i am aware, crew continue to work under the old terms unless otherwise stated? If anyone could shed some light, it would be greatly appreciated. Thanks
Anonymous
Posted: Monday, October 10, 2011 1:19 AM
The answer is very simple. READ YOUR CONTRACT. Why is this so hard for people? Maybe they should post it on Facebook to ensure it is reviewed. There will be a severability clause in the document. Your old contract was between you and the previous owning corporation of the yacht. Unless you have received an amendment stating that the contract was accepted / extended by the new owner, you are working at will. No guarantee of salary, vacation, or leave time. Don't assume anything.
Anonymous
Posted: Monday, October 10, 2011 6:45 AM
Not everyone has a contract, yachting for the most part is still the wild west, when it comes to employment of crew. Everything from insurance, vacation time, flights and so forth varies greatly from one boat to the next and lets face it a contract is not worth much if it is not enforceable. Third party mediation is simply not on the horizon and this is only amplified by the fact many crew and yachts dodge tax and steer clear of the system as and when it suits them which distances all parties from reality. At the end of the day you need to man up and ask the question and then decide what you shall do.
Bear
Posted: Wednesday, October 12, 2011 3:15 AM
Joined: 05/06/2008
Posts: 11


Sensible reply Mr Anon. It's the questions like this one that make it worthwhile looking at Dockwalk.....always good for a giggle....in a resigned sort of way.
Henning
Posted: Saturday, October 22, 2011 5:49 AM
Joined: 01/06/2008
Posts: 1049


You have no contract right now, the last expired when the vessel sold. You are not accruing anything at the moment that you have a right to expect. Whether the new owner honors the old contract until you sign a new one is up to their benevolence. This will be a "take what you get" type situation, whether you get a bonus or a screwing is a flip of the coin at this point.

Anonymous
Posted: Saturday, November 12, 2011 6:43 PM
Hey all, this may be a simple question but i have no reference in my contract and am the only winter crew aboard along with the captain. Concerning my standard 2.5 days leave pcm, does that include weekends or mon-fri working days only. I have been told it includes w/ends. regards.
Captain Andy
Posted: Sunday, November 13, 2011 11:20 PM
Joined: 17/09/2008
Posts: 93


Guys! The actual rules are simple for UK Certificate holders operating anywhere in the world, or those employed on Red Ensign Group Vessels - the Merchant Shipping Act 1995 states that leave WILL be accrued at the minimum rate of 2 days per month (and the definition of month is 30 calender days!). Contract or no contract - if you are working on a vessel over 80GT and have a crew of four or more then you should have signed a Crew Agreement. Your Captain should know more about this aspect of yacht operation. Lastly, during these times it is worth becoming a paid up member of Nautilus to protect you from bad managers and owners alike!
Anonymous
Posted: Wednesday, December 14, 2011 8:07 AM
Any1 with more than 1 yr experience can answer this Q for me: 2.5 days leave per month is what i get, so when i take my leave do i count weekends as part of my leave, or is it working days only. Im sure you can understand it makes a difference of at least 10 days to my holiday.
sean
Posted: Thursday, December 15, 2011 6:31 PM
Joined: 05/06/2008
Posts: 87


Anonymous...cool out there tiger.

2nd, and this is for everyone...contracts are mostly not worth the paper their printed on. They are primarily a basis for your employment and not always completely binding due to the fact they are drawn up by a lawyer who writes it to be as tangable as they wish.  Be warned, dont put all your faith on your contract...most crew experience with this will tell you they've been screwed based on how binding they thought their agreement was.

3rd... Garrick, Before taking this probation, it should have been defined by your captain or managing personell under what terms you should be taking leave..but its probably too late for that.  If so you should be spending your time investigating your options.  Being under probation means you may not have a gig in a month so keep your eye out for another opptunity or consider looking into upgrading licenses during this time.   

 

Good luck man...I know how much of a pain this situation can be


 
 Average 0 out of 5