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contract
a.y. achtie
Posted: Thursday, April 21, 2016 11:48 AM
Joined: 30/06/2008
Posts: 85


I have been offered an exciting new job and am considering jumping ship after 20 months on this one. The one catch is they need me ASAP and I need to give a month notice according to my contract. I can probably compromise at 2 weeks and try to leave on as positive terms as possible as its been a great 20 month tenure on board and would like to part ways well.

 
My question is, have they already breached the terms of my contract and is it therefore null and void and I have no obligation to honour the contract either as they have not? The reason being that the MLC work hours are clearly written in my SEA contract and I have documented proof this was continually breached by massive amounts, yes I know this is yachting and we do what is required, with a smile on my face, but they shouldn't quote contractual terms to me if they break them as and when THEY need to?! 
 
What to do? Advice please!

Anonymous
Posted: Friday, April 22, 2016 7:31 PM
Normally, if one part of a contract is invalidated the remainder still stands and for breach, there may be a process specified to remedy the breach. If you need the reference from this captain, you shouldn't just leave. If you don't and feel your reputation won't be harmed by lack of notice then talk with the captain and see if you can negotiate a mutually agreeable notice period that works for both. If your primary reason for leaving is financial, the captain may want to try to keep you and will appreciate that you talked with him/her first. A win:win is better than just leaving. Finally, what if the new opportunity goes wrong and isn't as good as you expected, will it still be worth it?
Good luck!

Akula Dave
Posted: Sunday, April 24, 2016 12:01 PM
Joined: 03/08/2015
Posts: 2


Be careful about stating that the yacht has submitted incorrect Work & Rest hour forms.  For the monthly returns there is a requirement for the crew member and Captain (Or registered representative) to sign the form acknowledging that the hours submitted are correct.  This is a legal document under ILO180 so if you have signed the form you are confirming that the entries are correct.

Depending on the yachts Flag State there is a procedure for reporting contravention of your SEA and the legal requirements of MLC certification.

If the yacht is operating commercially (Charter) or holds voluntary compliance yo LY2/LY3 is must also be MLC compliant.

As a crew member you should have a confidential procedure to contact the 'Designated Person Ashore (DPA) and report the fact that you have evidence of falsified legal documents. If you don't get any joy from Shore Management then report it to the Flag State.

Compliance with the work and Rest hours is for crew and yacht safety. If there is an accident and it transpires that you have falsified legal documents then be ready for court.


a.y. achtie
Posted: Sunday, April 24, 2016 9:52 PM
Joined: 30/06/2008
Posts: 85


Thanks for your replies and opinions. I will take them into consideration.

My issue is not with the non compliance of hours of work and rest but whether or not they have voided my obligation to honour the notice period in my contract as they have breached the stated working hour conditions. I have already worked the hours I have worked, that is done.

I should also state that the vessel is private so we have no reporting obligations (part of the 2 tier system the MLC has now created by not including the vast majority of yachts). No DPA either for that matter. For evidence, I simply have a photo of the posted work rosta which even in non owner tied to the dock standby mode manages to exceed the stated hours. When we are in owner mode and cruising..... yep, you get the picture.

 


 
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