DMB YACHTING GROUP – Applicants’ agreement
In this agreement (also referred to as ‘terms and conditions’ or ‘terms’), the following words shall have the corresponding meanings:
Applicant: This shall be taken to mean the individuals that is introduced to the Client for interview/employment purposes by the Company.
Client: This is defined as the individual, company or corporate body along with any affiliate or associated Company (such as is defined by the Companies Act 1985) to which the Applicant is introduced. The client is the registered Owner of the Yacht.
Company: This shall mean DmB Yachting Group, located at Ross House The Square, Gloucestershire, United Kingdom, GL54 1AF. It is also referred to as ‘consultancy’.
Yacht: This means the vessel to which the DmB Yachting Group provides an applicant for an interview and/or employment purposes.
Purpose of agreement/terms
The following agreement has been developed for applicant’s advice, direction and probable employment protection. By providing us with your resume, applying for jobs on any of our chosen third-party platforms or completing the registration pages with DmB Yachting Group you agree to our applicant’s agreement, website terms, privacy & cookies policy and the MLC guidance information.
Seafarers Employment Agreement (SEA)
You must make sure to read the draft Seafarers Employment Agreement (SEA), which is available on our website. Click here to read. You understand that the SEA is to be similar to that which should be offered to you when engaged in yacht employment. It details all the yachts obligations to you under MLC 2006.
You however understand that while it is a good example, there is not a standard SEA.
Compliance with Collective Bargaining Agreement
SEAs must follow current appropriate national regulations and laws and must detail any Collective Bargaining Agreement that are applicable to them. Combined together, the SEA and Collective Bargaining Agreement should not be less favourable than MLC’s minimum standards.
MLC offers all Applicants the right of sufficient time to scrutinize the content prior to and after signing a SEA with the Client. Applicants should also receive a copy of the document.
Further general advice is documented below and it is advised that you are satisfied with these items at or following to the interview/s.
You should also ensure that all sections of the SEA are duly completed and are acceptable to you.
Working in countries that have not ratified MLC
Flag States are required to carry out regular inspections.
In the event that a yacht is not required to comply with MLC or flies the flag of a country/jurisdiction which has not ratified MLC, we ask that you ensure that you are happy with the working conditions offered. Make sure to ask for the MLC described yacht Owners’ responsibilities to the seafarers. Also, you must be offered documentation which clearly described the standards of working and living conditions onboard.
Click here to see flag states who have currently ratified MLC 2006.
The MLC provides adequate protection for such matters as listed below. This is however not an exhaustive list.
As far as practicable, DmB Yachting Group will ensure that the Client has the financial ability to uphold his obligations to you. You personally must also try to determine that you are similarly satisfied.
You are to determine that the client provides you with adequate personal insurance cover during the period of your employment.
DmB Yachting Group will not subject you to exploitation, and neither should the Client. Therefore, DmB Yachting Group will not charge you or any other applicant any direct or ‘hidden’ costs whether prior to, during or following the process of registration through to placement.
It is unlawful to employ a person younger than 16 years of age on a yacht (or younger than 18 years as a Chef). DmB Yachting Group will therefore not introduce such individuals to our Clients. By completing our registration process you agree you meet these requirements set by the MLC.
DmB Yachting Group will provide assistance to next of kin or concerned family members with any guidance and advice that it can, at no cost. We will however first attempt to confirm the credibility of their relationship. we do this by advising the Applicant of the concerns of such family members and by sharing the contact details of the family member to the concerned Applicant, rather than vice versa. To help us carry out this all-important function, we ask that applicants maintain current records of their own personal contact details, for use by DmB Yachting Group.
If you have any complaint or grievance during your period of employment on a yacht following a placement by DmB Yachting Group, or if you are required to reply to any alleged complaint brought against you which you have chosen to contest, you are guided to follow the complaints procedure outlined onboard.
If you have any complaint or grievance as per the conduct of DmB Yachting Group during the process of your employment, you must bring this to our attention in writing as quickly as possible. We will document this and will deploy all possible effort to remedy the issue/s. should the issue be unresolvable, we will bring it to the attention of the appropriate representative of the ‘flag state’. DmB Yachting Group bears no liability for any damages that may result from the actions taken by us, or by a competent authority, to remedy the complaint.
Emergency contact details
DmB Yachting Group makes available our emergency telephone details, including the mobile numbers of our directors, managers and consultants, on the ‘Contact Us’ page of our website.
Request for statutory documentation
DmB Yachting Group, under the MLC Convention, is contracted to provide appropriately qualified individuals to our Clients. By signing (‘ticking’) on our registration page, you warrant that you will provide on request to us statutory documentation such as Certificates of Competency, STCW certification, passport, marine medical (eg. ENG1) as well as any references from prior engagements.
You represent that the information provided by you to us is true and is an accurate representation of your qualifications, experience, training, and marine medical status. You must also keep us updated with any renewal or update of certification and marine medical compliance. If employed, you must provide the yacht or its representatives with your full qualifications, certificates of training, medical document as well as any other paperwork they may reasonably request. You understand that your data will be processed and shared in order to find you a suitable position. You agree to join our mailing list (you can manually unsubscribe at any time).
All your information is stored in a secure account on our systems.