C2.1.e. Who must sign a seafarers’ employment agreement (SEA)?

In accordance with Standard A2.1, paragraph 1(a) of the MLC, 2006 the SEA must be signed by both the seafarer and the shipowner or a representative of the shipowner ⁴⁸ . Except in cases where the applicable national law considers that a particular person, such as the ship’s master, has apparent authority to act on behalf of the shipowner any signatory other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner [see B14 and C2.1.f].

Questions have arisen about whether in the context of international industry with shipowners and seafarers based in different countries, the signature of the shipowner or the shipowner’s representative must be an original signature or whether it could be an electronic signature. The question of acceptability of an electronic signature in the context of the SEA is one of the many details of general contract law (the appointment of a representative is another such question, for example) that are left by the Convention to be determined by the national law and practice of the flag State (or other law which the flag State recognizes as applying to the SEA) [see C2.1.b.].

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Seafarers’ employment agreements