Contract of Employment or Seafarer’s Employment Agreement — What It Is and Why Both Mean the Same

Contract of Employment or Seafarer’s Employment Agreement — What It Is and Why Both Mean the Same

Employment at sea is regulated by a special branch of international maritime law.
Unlike shore-based workers, seafarers are governed not only by the laws of the flag state but also by international conventions that define their labor rights and obligations.
The main document formalizing this relationship is the Seafarer’s Employment Agreement (SEA) — or, in another interpretation, the Contract of Employment.
These two terms refer to the same legal document — a seafarer’s labor contract — but come from different legal traditions.

1. What Is a Seafarer’s Employment Agreement

A Seafarer’s Employment Agreement (SEA) is an individual employment contract between a seafarer and a shipowner (or the shipowner’s authorized representative, such as a crewing company).
It defines the terms and conditions of employment, rights and duties of both parties, the period of service, wages, repatriation, and other employment-related matters.In modern maritime practice, the SEA replaced the old “Articles of Agreement” — brief, often unclear documents that lacked specific guarantees for the crew.
The modern form of the SEA was established by the Maritime Labour Convention (MLC 2006), which set a unified global standard for seafarers’ working and living conditions.

2. Conventions and Legal Basis

The content and enforceability of a Seafarer’s Employment Agreement are based on several key international instruments:

1. Maritime Labour Convention, 2006 (MLC 2006) — defines minimum working and living standards, wages, repatriation rights, medical care, rest hours, and onboard conditions.

2. STCW Convention (Standards of Training, Certification and Watchkeeping for Seafarers) — establishes professional qualification and competency standards for seafarers.

3. ILO Convention No. 22 (Seamen’s Articles of Agreement) — one of the earliest instruments mandating written employment agreements for seafarers.

4. ITF/IBF Collective Bargaining Agreements — define minimum wage rates, overtime pay, and social guarantees under union-negotiated standards.

Every Seafarer’s Employment Agreement must comply with MLC 2006 and the national legislation of the ship’s flag state.
If a conflict arises between national and international provisions, the MLC 2006 prevails as the superior international standard.

3. Mandatory Contents of the Agreement

According to Standard A2.1 of MLC 2006, a valid Seafarer’s Employment Agreement must include, at a minimum:

• Full name, position, and qualification of the seafarer;

• Details of the shipowner and/or crewing agency;

• Name and flag of the ship;

• Place and date of commencement;

• Duration of employment and conditions for repatriation;

• Wage amount and payment method (including allotments to family);

• Terms of termination;

• Entitlements to medical care, food, accommodation, and paid leave;

• Signatures of both the seafarer and the employer.

The contract must be drawn up in duplicate — one copy for the shipowner and one for the seafarer.
If the vessel is covered by a Collective Bargaining Agreement (CBA), a copy must also be available on board.

4. Obligations of the Parties

The Shipowner (Employer) undertakes to:

• Provide safe and decent working conditions;

• Pay wages regularly and on time;

• Arrange repatriation upon completion of the contract;

• Provide food, accommodation, and medical care onboard;

• Respect limits on working and rest hours as defined by MLC (Regulation 2.3).

The Seafarer agrees to:

• Perform duties faithfully and professionally;

• Comply with safety and environmental protection requirements;

• Follow the shipboard hierarchy and instructions;

• Remain on board until officially signed off.

5. Seafarer’s Rights Under the Agreement

Every seafarer under MLC 2006 enjoys the following guaranteed rights:

• Fair employment conditions and adequate rest;

• Monthly payment of wages;

• Repatriation within no more than 12 months of service;

• Medical care and compensation in case of injury or illness;

• Freedom of association and union representation (ITF rights);

• Protection from unlawful dismissal and exploitation.

6. Contract of Employment vs Seafarer’s Employment Agreement

The terms “Contract of Employment” and “Seafarer’s Employment Agreement” are often used interchangeably.
In essence, they refer to the same document — a written employment agreement between a seafarer and an employer.The difference lies only in terminology and legal tradition:

• Contract of Employment — a more general labor law term, often used in common law jurisdictions;

• Seafarer’s Employment Agreement (SEA) — the internationally recognized term established by MLC 2006 to standardize all maritime employment contracts.

Both represent the same legal relationship: a binding agreement governing the seafarer’s service, rights, and obligations on board.

7. The Importance of SEA for Seafarers

The Seafarer’s Employment Agreement is not just a formality. It:

• Defines the seafarer’s legal guarantees;

• Protects against arbitrary decisions or exploitation;

• Serves as the main evidence in labor disputes;

• Confirms compliance during flag or port state inspections.

In essence, the SEA is the seafarer’s legal passport at sea — without it, work on board a vessel is considered unlawful under international law.

Conclusion

The Seafarer’s Employment Agreement (SEA) and Contract of Employment are two terms describing the same concept — the official labor agreement between a seafarer and a shipowner.
This contract is grounded in MLC 2006, ILO conventions, and ITF agreements, ensuring transparency, safety, and fairness in maritime employment.For every professional seafarer, the SEA is the core document that guarantees dignity, security, and lawful employment at sea.