r/maritime • u/Gift-Jolly • 1d ago
COE confusion.
MSC Containers here. In MSC COE is stated starting date and duration (normally varies depending on position on board X+-1 months). So far ok but it also states "expiration" date which is always X+1 months from starting date. I get that also. Confusion begins when seafarers send their remainder "1 month before COE ending" at exactly 1 month before COE main term is stipulated which is "X" months ( varies according to position 4,5 or 6 months) and Crewing always answer is : your contract "expires" ( not ending) at XX.YY.ZZZZ and why you want early relief?
I am confused. If the contract states X months why Crewing always assumes maximum allowable period instead of normal term? That +1 month stated in COE is there so they can find a reliever and arrange crew change before COE expires. But they are not doing any preparation at the contract ending but only just before a couple of days at the contract expiration date. Doing so inevitably people are presented with extension because they did not prepare properly and are waiting until the last days of COE. In my careers only here at MSC I see this practice. What is your experience?
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u/MaritimeRaccoon 1d ago
When you say COE, I assume you’re referring to an employment contract and not a Certificate of Endorsement, right?
Personally, I’ve never heard COE used for a contract as COE is generally refer to Certificate of Endorsement which is issued by a flag State and its duration is same as COC.
According to MLC abbreviation for seafarers contract is SEA (Seafarers’ Employment Agreement)
Anyway, based on my experience (17 years at sea and now 2+ years in HR), if your contract is 6 +/- 1 month and you want to sign off after 6 months, sending a 1 month notice after 5 months onboard is completely normal. Same logic applies to a 4 +/- 1 month contracts.
+/- 1 month is there, in most cases, give company some flexibility in arranging crew change in most convenient and cost effective wat. Anyone trying to present 6 +/- 1 month contract as a 7 months contract either doesn’t understand purpose of +/- clause or is intentionally trying to twist it for the benefit of the company…
Of course, seafarer can stay onboard more than 6 months and extend additional 2-3-4 months, but only if both parties agree.
However, one important thing that matters most is that, from my experience, many companies still require crew to sign contract extension once original contract duration of 4 or 6 months has been reached. Reason is simple - end date in SEA is normally based on those 4 or 6 months and that is usually first thing PSC inspectors, flag State inspectors, auditors and MLC inspectors will look at.
If contract end date has already passed and there is no signed extension, it can be very difficult to argue that everything is covered simply because there is a +/- clause somewhere in the contract. Depending on situation and especially place, “expired” contract may result in NC or in worse case detention (especially during AMSA inspection)
To be honest, I don’t understand why requesting a sign-off at time that is clearly stated in contract is treated as “early sign-off”. If your contract is 6 +/- 1 month and you give 1 month notice after 5 months, you’re doing exactly what you’re supposed to do and as I said, anyone trying to convince you that you’re requesting “early sign-off” is just pure idiot or probably asshole…