Clyde Co Guide to Superyacht Law - Sixth Edition

The aim of the MLC is to set a standard for seafarers’ working conditions regardless of which flag they sail under. The MLC came into force on 20 August 2013.

social security payments there. This applies to crews whose vessels are within French territorial waters, and (unless these are states with which France has reciprocal agreements and social security contributions are being paid there already) regardless of the yacht’s flag state or the crewmember’s nationality. There are some exceptions: if social security is already being paid in an EU state, or a non-EU state with which France has a reciprocal social security treaty (these include some of the popular superyacht flag states such as the Isle of Man) then this is an acceptable alternative, although proof may be required. Alternatively, private insurance is available from a (so far) small number of providers as an alternative to the French public system. You must carry on board the following: Maritime Labour Certificate, Declaration of Maritime Compliance, two copies of the most recent inspection, medical certificates for crew, employment contracts, records of hours of work and rest, complaints procedure.

Is there anything new with the MLC?

• As the MLC is known as a ‘living’ document, we can expect developments and amendments as issues arise and levels of compliance evolve. • Since its implementation, the MLC has been amended to add a mandatory requirement that shipowners have financial security to cover abandonment of crew, as well as death or long-term disability of crew due to occupational injury and hazard, which took effect in early 2018, while other recent amendments give a greater emphasis on inspections to the health and safety risks of bullying and harassment of crew.

Are there any other crewing matters I should be aware of?

Depending on where your yacht operates and your crew’s nationalities and/or countries of residence, there may be other costs and compliance issues to be aware of. For instance, the French government recently enacted a decree requiring the employers of non-French seafarers (including yacht crews) resident in France for more than three months to make

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