Term and legal significance of hiring on
Definition of hiring on
In a legal context, hiring on refers in particular to the conclusion of a contract in which a person (usually an employee or crew member) undertakes to enter into the service of an employer or the captain of a ship or aircraft. The term has its roots in traditional maritime and aviation law, but also finds application in general employment law and refers to the formal and legally binding establishment of an employment or service relationship.
Hiring on in maritime and shipping law
Legal foundations
In German law, hiring on is primarily governed by the Maritime Labour Act (SeeArbG). The agreement between a ship’s master and a person to be employed (usually seafarers) generally requires written form and is known as a seafarer’s employment agreement (Heuervertrag). This contract establishes an employment relationship with specific rights and duties for both parties.
Conclusion of the seafarer’s employment agreement
Hiring on is bindingly established by concluding an individual employment contract, which for seafarers is also called a seafarer’s employment document (Heuerbrief). Entry in the seaman’s book and registration of crew members are among the statutory requirements. The contract must clearly regulate key contents such as the start and end of the employment relationship, the type of work owed, and remuneration (hire).
Special legal duties in hiring on
- For the employer/captain: There are special obligations of instruction regarding safety on board, compliance with working and rest times, as well as obligations to repatriate seafarers to their home port.
- For the employees/seafarers: Crew members are obliged to perform their duties as instructed, to observe the ship’s hierarchy, to maintain loyalty and confidentiality, and, in exceptional circumstances (e.g., emergencies at sea), to provide special assistance.
Termination of hire
Dismissal (discharge) also takes place through a formal act and is subject to certain conditions. Notice periods, claims for severance, and repatriation obligations are governed by statutory provisions.
Hiring on in aviation law
Comparable regulations exist in aviation law. The employment of crew members is based on contracts that must also meet certain minimum requirements and reporting obligations to the relevant authorities.
Statutory provisions
The Aviation Act (LuftVG) and supplementary regulations govern the rights and obligations relating to the hiring on of aviation personnel. As in maritime and shipping law, formal rules apply to both hiring and termination procedures.
Hiring on in general employment law
Outside of shipping and aviation, hiring on refers to the creation of an employment relationship through the conclusion of an employment contract. Here, too, the Verification Act (NachwG), the German Civil Code (BGB), and specific provisions for the protection of employees apply.
Form and content of the employment contract
Although oral agreements are generally valid, it is always recommended to record working conditions in writing. The employment contract must contain information on the type and scope of duties, pay, working hours, probationary period, notice periods, and entitlement to leave.
International law and hiring on
International regulations
International regulatory frameworks such as the Maritime Labour Convention (MLC) of the International Labour Organization (ILO) set minimum standards for hiring practices at sea. These especially concern crew protection conditions, standardization of employment contracts, and ensure fair employment conditions worldwide.
Recognition and monitoring
State authorities oversee the correct implementation of hiring-on requirements by conducting regular inspections on ships and in aircraft. Violations lead to administrative and, if necessary, criminal sanctions.
Special protection provisions when hiring on
- Occupational safety: Employees must be specially protected against accidents and illness in the course of duty. This includes compulsory insurance, medical checks, and special regulations for workplace equipment.
- Protection of minors: The employment of minors is subject to special restrictions and is regulated under the Youth Employment Protection Act (JArbSchG) and international agreements.
- Principle of equal treatment: Non-discriminatory selection procedures and employment conditions are mandatory.
Legal consequences and risks of improper hiring on
A lack of written form, deficient contractual arrangements, or violations of statutory requirements when hiring on can lead to the nullity of the employment relationship, claims for damages, or administrative actions.
Summary: Hiring on is a legally defined process for establishing an employment relationship, particularly in the fields of seafaring, aviation, and the general working world. It includes specific formal requirements, employee protection provisions, and a variety of regulations to ensure the smooth and safe conduct of the employment relationship. Compliance with national and international regulations ensures that the rights of all parties involved are protected and safe working conditions are maintained.
Frequently asked questions
What legal requirements must be met when hiring on?
When hiring on—that is, the formal establishment of an employment relationship, especially in the maritime sector—numerous legal provisions must be observed. First, compliance with national and international employment regulations is mandatory, as stipulated, for example, in the Maritime Labour Act (SeeArbG) or international agreements such as the Maritime Labour Convention (MLC). A written seafarer’s employment agreement must be concluded, precisely regulating all conditions of the employment relationship such as working hours, remuneration, area of responsibility, and duration of employment. Reporting obligations must also be observed, for example, to the competent maritime professional association or the ship’s flag state. The employer must also check whether the person to be hired is authorized to work on the respective ship, which requires suitable qualifications and medical fitness certificates.
What obligations arise from the seafarer’s employment agreement for employers and employees?
Once a seafarer’s employment agreement has been concluded, specific rights and obligations arise for both parties. The employer is particularly obliged to pay the employee the agreed hire (remuneration), ensure safe and healthy working conditions, and fulfill care and protection duties under national and international maritime employment law. For the employee, obligations include the proper performance of contractual work, compliance with ship’s regulations, and following instructions from the captain or supervisor. Breaches of these obligations can result in employment law sanctions, up to and including immediate termination, depending on the type and seriousness of the breach.
What special labor law provisions must be observed when hiring on?
Unlike ordinary land-based employment, special labor law regulations apply at sea, especially on ships operating internationally. The employment relationship is often subject to the law of the flag state under which the ship sails. As a result, legal systems outside Germany may be relevant, for example regarding notice periods, working time regulations, and social security entitlements. The employer must ensure that the concluded seafarer’s employment agreement complies with the applicable law and with the statutory minimum regulations of the flag state and international minimum standards such as the MLC.
Is there a requirement for social security when hiring on?
There is generally a requirement for social security for seafarers when hiring on. In Germany, employment relationships on German ships are subject to compulsory maritime social insurance, which includes pension, health, long-term care, and accident insurance. For ships under foreign flags, the regulations of the respective flag state may apply, with international social security agreements possibly being relevant. The employer must verify in which country the social security obligation arises and pay the corresponding contributions correctly. Faulty or missing payments can result in substantial claims for back payments and criminal consequences.
How must employment conditions be documented?
The employment conditions for hiring on must be documented in writing in the seafarer’s employment agreement. This contract must comply with the legal requirements and contain at least details of the essential working conditions (working hours, remuneration, leave entitlement, notice periods, type of activity, duration of employment, and repatriation rights). According to the MLC and national maritime regulations, a copy of the contract must be provided to the employee. Furthermore, copies must be available on board to serve as evidence during inspections by authorities or in the event of disputes.
What participation rights and protective mechanisms exist when hiring on?
Employee representatives and, if applicable, trade unions have special participation rights when hiring on. For example, the works council must be informed and involved during recruitment as required by the Works Constitution Act. The protection of seafarers is also specially regulated: there are special provisions to protect against unjustified dismissal, concerning accommodation, catering, and repatriation after the end of the contract to an agreed place. Furthermore, international agreements such as the MLC guarantee rights to assistance, continued payment of wages, and repatriation in case of illness or maritime incidents.
Can fixed-term seafarer’s employment agreements be concluded?
In the field of maritime shipping, it is permissible and common practice to conclude fixed-term seafarer’s employment agreements, in particular for specific voyages or periods of time. When setting a fixed term, the requirements of the Part-Time and Fixed-Term Employment Act (TzBfG) as well as the special rules of maritime law must be observed. The reason for the fixed term must be sufficiently documented in the contract. After the agreed term has expired, the employment relationship generally ends automatically, unless its continuation has been expressly agreed—deviating provisions in the seafarer’s employment agreement can provide for automatic renewal or conversion into a permanent employment contract if certain conditions are met.
