C2.1.a. What is a seafarers’ employment agreement (SEA)?

The MLC, 2006 defines a seafarers’ employment agreement (SEA) in Article II, paragraph 1(g), as including both a contract of employment and articles of agreement. This is an inclusive definition that covers various legal systems and practices and formats. It specifically includes both a contract of employment and articles of agreement; but there could be other formats, as required under national law or practice. Regulation 2.1, paragraph 1, simply describes the SEA as “a clear written legally enforceable agreement” that must be “consistent with the standards set out in the Code”. To the extent compatible with national law and practice, a SEA is understood to incorporate (by reference) any applicable collective bargaining agreement, as provided in Standard A2.1, paragraph 2. This means that, other than some specific elements such as the name of the seafarer, etc., a collective bargaining agreement could form all or part of a SEA. However, irrespective of the precise form of a SEA, a Member is required to adopt national laws and regulations specifying the matters to be included in the SEA. The list of these matters is set out in Standard A2.1, paragraph 4(a) to (j). Even where a seafarer may be working for a concessionaire that is operating on a ship, for example a seafarer with passenger service duties on a cruise ship, he or she would still need to have a SEA signed by the shipowner or representative of the shipowner addressing the matters set out in Standard A2.1, paragraph 4 [see C1.4.p.].

Seafarers’ employment agreements