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Terms & Conditions

mymuybueno® Private Chefs Ltd Candidate Terms and Conditions

DEFINITIONS

In these terms and conditions the following definitions apply:

Client
is the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 (English Law) to which the Candidate is introduced and are prospective employers, their representatives and/or agents

Selection Service
is mymuybueno Private Chefs Ltd

Registered Address:
3rd Floor, 207 Regent Street, London, W1B 3HH, UK.

Registration Number: 09335958

Yacht/Property
is the vessel/property to which the Selection Service provides a Candidate for interviews and subsequent employment.

Candidate
is the person/ candidate introduced by the Selection Service to the Client for interview and subsequent employment.

The following agreement is written for Candidate’s advice, guidance and potential employment protection. We ask the Candidate to take time to read the following information and take a look at our draft Seafarers Employment Agreement (SEA), this is available on our website. It encompasses, as far as possible, the yacht’s obligations to you under MLC 2006. There is not a standard document for a SEA, however, the copy displayed here on our website is ideally what you should be looking to obtain in any SEA.

http://webarchive.nationalarchives.gov.uk/20121107103953/http://www.dft.gov.uk/mca/mcga07-home/workingatsea/mcga-healthandsafety/maritime_labour_convention_2006/mcga-ssh-mlc-title2/mcga-ds-ssh-mlc-sea.htm

SEA’s are required to comply with current applicable national laws and regulations and should include any Collective Bargaining Agreement that may apply to them. Together they should not be less favourable than the minimum standards of MLC. MLC gives the Candidate the right of sufficient time to study the content before and after signing a SEA with the Client. Please ensure you also receive a copy of this.

Below is some more advice. It is recommended that you satisfy yourself of these items at or subsequent to the interview/s with any potential employer. You should be sure that all sections of the SEA are completed and acceptable to you. Where a yacht does not need to comply with MLC or flies the flag of a country which is not ratified MLC, you should ensure you are happy with the conditions offered.

This list shows the flag states who are currently ratified MLC 2006:

https://www.register-iri.com/userfiles/image/MLC,%202006%20countries%20list%20update%2030%20June%202014.png

MLC provides protection for such matters as the below, this is not an exhaustive list.

It requires Flag States to carry out regular inspections. It sets out responsibilities of yacht owners to the seafarers. It requires documentation to be provided for you, which makes clear the standards of working and living conditions on-board.

mymuybueno Private Chefs Ltd will make sure, as far as practicable, that the Client is financially able to fulfil his obligations to you; you should also try to determine that you are similarly satisfied. You should also determine that you have adequate personal insurance cover provided for you by the Client during the period of your employment.

You will not be subject to exploitation by mymuybueno Private Chefs Ltd and similarly should not be by the Client. Therefore: mymuybueno Private Chefs Ltd will not charge candidates any direct or ‘hidden’ costs before, during or after the registration process through to selection.

mymuybueno Private Chefs Ltd will assist next of kin or concerned family members with any advice and guidance they can. This will be at no cost. In so doing and, if necessary, they will first try to verify that the credibility of the relationship is genuine and for example will try to advise the Candidate of any concerns and pass over contact details of the family member to the engaged Candidate, (rather than vice versa, for the potential protection of the personal details of the candidate).

To this end, Candidates are requested here to maintain up-to-date records of their own personal contact details for use by mymuybueno Private Chefs Ltd. It is illegal to engage a person less than 16 years of age on a yacht (or 18 years of age as a Chef). mymuybueno Private Chefs Ltd will not therefore present such individuals to our Clients.

Should you have any complaint or grievance whilst employed on a yacht following selection by mymuybueno Private Chefs Ltd, or are required to respond to any alleged complaint or grievance levelled against you which you choose to contest, you are guided to follow the complaints and grievances procedure outlined on-board. Should you have a complaint or grievance concerning the conduct of mymuybueno Private Chefs Ltd during the selection process, it should be brought to our attention promptly and in writing.

It will be documented and as far as possible all efforts will be made to resolve the issue/s.

If this is finally unresolved we will bring it to the attention of the appropriate representative of the ‘flag state’.

mymuybueno Private Chefs Ltd is not responsible for any damages resulting from the actions taken by us, or a competent authority, to resolve the complaint.

mymuybueno Private Chefs Ltd provide details of our emergency telephone details inside the MLC Compliance area of our website in the Chef Services area.

Under the MLC Convention, mymuybueno Private Chefs Ltd, are contracted to provide suitably qualified individuals to our Clients. In signing (‘ticking’) on the registration page, you are guaranteeing that you will provide us on request with your statutory documentation including any Certificates of Competency, Passport, STCW Certification, your Marine Medical (ie: ENG1) and any references from previous employment.

You also undertake that the information you provide to us is always authentic and an accurate representation of your experience, training, qualifications and marine medical status.

You also agree to keep us updated with any renewal or update of certification and marine medical compliance. If engaged you will also need to provide the yacht or their representatives with your full qualifications, certificates of training and medical document together with any other paperwork they may reasonably request.

You agree to mymuybueno Private Chefs Ltd to keeping your personal data until specified otherwise under the Data Protection Act 1998.

Last Revision: June 2015

A copy of our Candidate Terms and Conditions is available on request.

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