Bermuda: Guidelines for electronic signatures on Seafarers’ Employment Agreements

The Bermuda Shipping and Maritime Authority has published Merchant Shipping Notice 2024- 038, which informs relevant parties that BSMA now accepts electronic signatures on Seafarers’ Employment Agreements.

Purpose: To guide compliance with Regulation 8 of the Bermuda Merchant Shipping (Seafarers’ Employment Regulations) 2013, which mandates that seafarers must either have a signed original employment agreement or access to an electronic copy.

Acceptance and Conditions:

• The BSMA permits the use of electronic signatures on SEAs, provided certain conditions are met:
  • There must be a formal agreement between the shipowner and the crewing agency or manager allowing them to sign on behalf of the shipowner.
  • The SEA must clearly state the name and position of the person signing on behalf of the shipowner.
  • It must be evident that the electronic signature is made on behalf of the shipowner.
• Seafarers are also allowed to electronically sign their agreements.

Direct Recruitment:

• The conditions for using electronic signatures apply whether seafarers are recruited through a crewing agency or directly by the shipowner.

Review and Advice Requirement:

• Despite the acceptance of electronic signatures, shipowners and their representatives must ensure that seafarers are given a chance to review the SEA and seek legal or professional advice before signing. This requirement is in line with Title 2 of the Maritime Labour Convention 2006 and remains in force regardless of the mode of signing.

This notice was published on August 13, 2024.

LINK TO THE DOCUMENT

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