Get that crew contract in writing!

Spring is in the air, and you know what that means.  It’s time to start getting out your fishing gear, getting those needed repairs done on your boat, and evaluating your fishing business. 

This is the time of year when fishermen start thinking about hiring their crew for the season, if they haven’t already.  For captains, that means making sure that you have your crew lined up.  For deckhands, that means making sure that they have employment for the upcoming season.  If you are considering hiring new crew, or if you would like to reinforce existing roles, responsibilities and obligations of your current crew or position on a boat, you might want to consider a crew member’s employment contract.  For both captains and crew, a crew member employment contract is not just a recommendation, it is essential. 

If there is a dispute between a deckhand and a captain, how is one side going to prove to a court what the agreement is?  A written contract protects both parties, but it also makes it much easier to settle disputes that may arise out of the term of employment. 

At a minimum, a crew member employment contract should include the following:

1.      Crew member name;

2.      Vessel owner name;

3.      Vessel name;

4.      Term of employment (from what starting date to what ending date);

5.      How a crew member will be paid (% of the gross catch, or % of the net catch after certain listed expenses);

6.      Whether or not the crew member will receive a share of any post-season price adjustments (retro pay);

7.      What costs will be paid by which party (travel expenses, gear, crew members’ license, etc.);

8.      Medical history;

9.      What duties are covered in the employment;

10.   Signatures of both parties, with dates.

The medical history portion may feel a little bit too personal, but it can really protect a vessel owner in the case that a crew member makes a claim against them for a prior medical condition.  It also puts the vessel owner on notice if they hire a crew member that has a condition such as seasickness or a hernia that would indicate that they may some alternative arrangements for certain job duties. 

Finally, make sure to remember to sign and date the contract.  It is not an enforceable agreement unless it is signed and dated by both parties.  To be on the safe side, get it notarized before a notary public.    

For a good example of a crew member employment contract, see the sample provided at Alaska Sea Grant Marine Advisory Program website at http://seagrant.uaf.edu/map/fishbiz/pubs/crewcontract.pdf.