Video: Superyacht law experts Clyde & Co talk about legal complications of crew management
This is the second in a series of exclusive online videos, in which John Leonida, Partner at superyacht law firm Clyde & Co, answers a number of questions from Boat International readers.
The first question asks: “What should a captain do if a female crew member becomes pregnant?”
The law about crew and pregnancy isn’t that well developed, Leonida explains. There is some English law that talks about pregnancy and says the safety of the crewmember is paramount. It says that if the crewmember can’t do their job safely – and this isn’t just their safety but that of the crew and the yacht itself – then they should be given different work or, if necessary, suspended from work. But this applies in England, not internationally.
Watch the video below to understand more about how this law applies elsewhere in the world and what the MLC says about this.
The second question asks: “Does the crew have any benefits under the crew medical insurance and/or P&I?”
This is usually covered in the contract with the owner, Leonida explains. And where crew might be covered by P&I, there aren’t many yachts that are members of P&I clubs.
“In all these circumstances I always say to the crew: ‘look to your employment contract, and look to the insurances that the owner has.”