Laura Molineux highlights the awkward situations that can occur during employment disputes if you have included a romantic partner in your employment contract
Our Union has recently supported several members navigating complex employment disputes, and a recurring theme has emerged: a number of these disputes involve crew members holding joint employment contracts with their partners.
While often seemingly convenient or even romantic, entering into such an arrangement can unfortunately lead to significant and unforeseen complications should an employment issue arise.
We want to highlight why joint contracts, particularly in the unique environment of yachting, can be troublesome, and what you should consider.
What is a Joint Employment Contract?
A joint employment contract, in this context, is when two individuals (e.g. a couple) are employed under a single contract, often for a dual role on a yacht such as a captain and chief stewardess team. While the intention is usually to streamline the hiring process and present a united front to the employer, it can inadvertently tie your individual employment rights together in ways that are not beneficial if things go wrong.
The pitfalls for employment disputes
When an employment dispute arises – whether it's over wages, working conditions, unfair dismissal, or repatriation – a joint contract can create several significant hurdles:
- Intertwined fates: If one party in the joint contract has a grievance or is subject to disciplinary action, it can directly impact the employment of the other, even if their performance or conduct is exemplary. For example, if the captain's contract is terminated, the chief stewardess's employment may automatically cease as well, regardless of her individual merit. This creates a difficult situation where one person's professional standing is tied to another's, beyond their individual control
- Complexity in claims: pursuing an individual claim becomes far more complicated. If you're disputing terms, wages, or an unfair dismissal, the employer might argue that the contract is indivisible. This can mean:
- it can be challenging to argue for your individual rights or compensation when your contract is legally bound to your partner's
- disputes may become 'all or nothing' for both parties, potentially forcing a compromise that doesn't fully satisfy either individual's claims, simply to achieve a resolution
- repatriation challenges: the Maritime Labour Convention clearly outlines a seafarer's right to repatriation. However, in joint contract scenarios, what happens if one party is repatriated, but the other wishes to continue working, or if the reason for repatriation is specific to one individual? The clarity around individual repatriation rights can become blurred
- jurisdictional headaches: yacht employment already presents complex jurisdictional issues, with factors like flag state, employer's location, and crew's residency all potentially influencing which laws apply. A joint contract can further muddy these waters, especially if the couple has different nationalities or residencies, making it harder to determine the appropriate legal forum for a dispute
- loss of individual bargaining power: while entering the contract, it might seem strong to negotiate as a unit. However, in a dispute, your individual bargaining power can be diminished. The employer may be less inclined to settle with one party if it means still facing a claim from the other under the same contract
Our advice
The Union strongly advises caution when considering joint contracts.
Whenever possible, we recommend that you advocate for individual employment contracts, even if you are working as a couple or team. This clearly defines your individual rights, responsibilities, and terms of employment, protecting you from being unfairly impacted by your partner's employment situation.
If you have entered/choose to enter a joint contract arrangement, ensure your contract explicitly details your individual repatriation rights, independent of any joint arrangement. Also, seek to understand which country's law governs your employment contract and how it protects individual seafarer rights.
Your career and well-being are paramount. While working as a couple in yachting can be incredibly rewarding, it's crucial to ensure your professional security is not jeopardised by the structure of your employment agreement.
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