The Importance of The Employment Contract Between The Cruise Line and The Crew Member

Information for Crew Members

the employment contract governs the relationship between the crew member and the cruise lineEvery crew member that works for a cruise line must sign an employment contract. This employment contract governs the relationship between the crew member and the cruise line. The crew member does not have the power to negotiate with the cruise line as an equal. If he wants to work, he must accept the contract the cruise line offers him. This is called an adhesion contract because the cruise line sets all the terms and conditions of the crew member’s employment. All crew member contracts are adhesion contracts.

There are two types of crew member adhesion contracts the cruise lines use. The first is what we call a “Self-Contained Contract“. This means that all the terms and conditions of employment are spelled out in the contract. This type of employment contract is usually very long and has lots of pages. The advantage of this self-contained contract is that by reading it the crew member can learn about all his rights under the contract. A good example of the self-contained employment contract is Carnival’s crew member contract.

The second type of contract is what we call a “Collective Bargaining Agreement Contract“. Collective bargaining agreement employment contracts are very short and have few pages. This type of contract does not contain all the rights of the crew member. It refers the crew member to a separate document called a “Collective Bargaining Agreement” that spells out in greater detail the rights of the crew member. The advantage of this type of contract is that it offers more generous terms for the crew member. The disadvantage of this type of contract is that the crew member is not provided a copy of the collective bargaining agreement, a separate document, at the time of signing the contract. Therefore, he does not know that it exists, nor does he have an opportunity to read it. A good example of this type of employment contract is Royal Caribbean’s crew member contract.

the cruise line sets all the terms and conditions of the crew member's employment.Injured crew members depend upon their contracts to provide for essential needs. The employment contract determines the maintenance rate an injured crew member will receive, and for how long he will receive it. This is the monthly amount of money the cruise lines will pay an injured crew member while he is receiving medical care for an injury, an accident, or a sickness. It also affects his entitlement to medical care and for how long. The applicable law and the availability of a disability clause will also be contained in the employment contract.

We advise all crew members to read and re-read their employment contracts regardless of the type of contract they get. If they get a self-contained contract, all their rights under the contract will be there. If they get a collective bargaining agreement contract, they must request a copy of the collective bargaining agreement to learn about all their rights under the contract.

Any crew member that has questions about his employment contract should reach out to us. We offer all crew members free confidential consultation in person, by phone, or by Email.

When Should an Injured Crew Member Hire a Marine Lawyer?

Information for Crew Members

Most crew members get injured because of the abusive labor policies of the cruise lines.The main reasons many injured crew members delay hiring a lawyer to help them obtain money compensation for their injuries are: Guilt, Hope, and Fear.

Guilt:
Many crew members blame themselves for their injuries.  This is totally wrong. Most crew members get injured because of the abusive labor policies of the cruise lines.  They are made to work too many hours.  Repeatedly, they have to lift, pull, push, and carry heavy items. Fatigue causes accidents and injuries.  They are not given adequate training and the proper tools they need to do their jobs.  As the ships get bigger there are fewer crew members relative to passengers and they do not get the help they need.  Crew members should not feel guilty because they are injured.  It is not the crew members’ fault. The companies are responsible for their accidents and injuries.  Therefore, an injured crew member should never delay hiring a maritime injury lawyer because he thinks his injuries are his fault.

Hope:
Most crew members are hardworking people that sacrifice themselves for the benefit of their families.  They leave their homes and families behind and work 7 days a week for periods of 6 months or longer.  When they get injured, they want to return to work as soon as possible to continue providing a good life for their families.  Sadly, the reality is quite different.  The cruise lines rarely re-hire an injured crew member.  They do not care that the crew member may have given them many years of hard work.  They treat the crew member as a broken piece of machinery that needs to be replaced.  Therefore, an injured crew member should never delay hiring a marine lawyer because he thinks the company is going to hire him back.  It rarely happens. 

Fear:
Many injured crew members fear that if they hire a lawyer the cruise ship company will retaliate and cut off their maintenance money and their medical treatment.  Nothing could be farther from the truth.  It is just the opposite.  When a crew member is represented by a marine lawyer the cruise ship companies are far more careful with his maintenance money and his medical treatment. For example, when a crew member is not represented by an attorney, the company is far more likely to try to pressure the crew member’s doctors to declare him to be at maximum medical improvement.   This cuts off his medical treatment and his maintenance money.  This rarely happens when a marine lawyer is involved.  When there is no maritime injury lawyer involved, the companies will try to give the crew members quick and inferior medical care by sending them to receive medical care, not back to their countries, but to third countries where the medical care is cheap, inferior, and the doctors can be controlled by the company.  Therefore, an injured crew member should never delay hiring a lawyer because he fears that the company will cut off his medical treatment and his maintenance money.

When should an injured crew member hire a lawyer? Yesterday.