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Law

Yacht members: don't ignore your notice period!

30 July 2024

Yacht members should remember that – except in an emergency – it is important to follow the correct procedure for leaving employment onboard a superyacht, writes Laura Molineux

Recently, Nautilus has heard from several members who have left the yacht on which they are employed without working their notice.

Sometimes there are really important reasons for leaving straightaway and you should get off as soon as possible – see below for more about this.

However, many members leave because they have another job that is starting immediately, or they are frustrated with the position and not prepared to work the notice, or for some similar reason.

Nautilus advises against this – here's why.

What should I do?

If you want to resign and leave the vessel early, the first thing to do is check your contract.
It is likely you will be required to continue working onboard the vessel for the number of days stipulated in the contract.

If you do not wish to serve this full notice period, you could potentially ask the employer if they are prepared to mutually agree to reduce or waive the notice or run any accrued leave against it, so you can leave the vessel earlier. Should your employer agree to this, make sure you secure the agreement in writing!

The employer could refuse this request, in which case you would be obligated to fulfil the notice.
If you have a (non-threatening) grievance that means you would prefer to leave the vessel, it is best to go through the proper complaints and grievance procedure. Often this will involve contacting the captain, but if the captain is the cause of your grievance then you should contact the designated person ashore to discuss the best way forward – this could include consent to come ashore or a reduced notice period if you feel you can't remain onboard due to, for example, an argument with another crew member or an employment dispute.

What happens if I leave anyway?

If you decided unilaterally to leave the vessel (without the employer's consent) then you may be in breach of contract.

That means the owner/employer/vessel could potentially pursue a legal case against you for damages. Not serving your notice may cause reputational damage to yourself as well, since they might refuse to provide a reference.

In addition, you may incur repatriation charges from your final salary.

Based on all these potential consequences, we recommend that you do serve the notice if the employer requests you to.

However…

Your safety always come first!

It is a sad fact that our members are sometimes subject to bullying, harassment, and other unfair, harmful and dangerous treatment. Even sexual assault.

In the event they you wish to leave a vessel due to the threat of (or actual) violence or assault, then your welfare must come first. You should take the first opportunity to remove yourself to a place where you feel safe, and contact the shoreside designated person, local police authorities, and Nautilus International. We will be ready to assist you.


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