Candidate Policy

 

© INSIGNIA CREW 2021

OUR CANDIDATE POLICY

1. Acceptance of Terms and Conditions

A Candidate will be deemed to have accepted and agreed to these Terms and Conditions when they submit their CV to Insignia Crew or by virtue of their registration on our website www.insigniacrew.com or where Insignia Crew provides Recruitment Services to the Candidate.

2. Definitions

In these Terms and Conditions, the following definitions apply:

Candidate: any person who approaches Insignia Crew, or is approached by Insignia Crew with a view to being introduced to its Clients for job opportunities;

Client: any person, firm or company who approaches Insignia Crew with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to whom a Candidate is Introduced by Insignia Crew;

Data Protection Legislation: means the Data Protection Act 1998 and 2018 and The General Data Protection Regulation 2016 (GDPR) to the extent which it is applied by UK GDPR as defined by the Data Protection Act 2018 together with other subsequent laws;

Engage (Including Engagement or Engaged): the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and /or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client;

Insignia Crew: Insignia Crew Limited, a company registered in England and Wales under company registration number 10395540 and whose registered office is at 12 Temple Chambers, Basement Office, 12 Clytha Park Road, Newport, Gwent, Wales NP20 4PB;

Introduce (or Introduction): the provision to a client of a curriculum vitae or any other details, whether written or oral, of the Candidate, whether or not the Candidate has knowledge of that Client before the introduction;

MLC 2006: means the Maritime Labour Convention 2006;

Parties: means Insignia Crew and the Candidate, and ‘Party’ shall mean either one of them;

Recruitment Services: the provision of recruitment services by Insignia Crew;

Seafarer: any person who is employed or engaged or works in any capacity on board a ship to which the MLC 2006 applies, or as otherwise as defined in the MLC 2006.

3. Recruitment Services

3.1. Insignia Crew provides Recruitment Services, subject to these terms and conditions.

3.2. The Recruitment Services are provided to the Candidate free of charge, on the basis that Insignia Crew may be paid a fee by its Client.

3.3. Insignia Crew does not promise that it will find a suitable position for the Candidate. Furthermore, Insignia Crew is under no obligation to forward a Candidate’s details to a Client where the Candidate is unsuitable for a position in Insignia Crew’s reasonable opinion.

3.4. If the recruitment process operated by any Client includes an online application form, Insignia Crew may, with the Candidate’s consent, complete the application form on a Candidate’s behalf. In those circumstances Insignia Crew will email the Candidate a list of questions to be answered and will use the answers provided to complete the online application form.

3.5. Insignia Crew may review a Candidate’s CV and reserves the right to, but has no obligation to, correct any grammatical or typographical errors contained therein.

3.6. Insignia Crew will not be responsible for any out of pocket expenses including travel, parking and accommodation incurred by the Candidate in attending an interview with a Client. For the avoidance of doubt, if a Client agrees to reimburse a Candidate in respect of interview expenses the arrangement is solely between the Candidate and the Client.

4. Candidate Obligations

4.1. The Candidate will provide Insignia Crew with copies of the following mandatory documents:

a) a full and accurate CV;
b) identification documents such as a passport;
c) copies of all qualifications and memberships of professional bodies (if requested);

4.2. If a Candidate is a Seafarer Candidate they will also be required to provide the following:

a) a current medical certificate (ENG1);
b) certificates for the following 5 modules of Standards of Training Certification and Watchkeeping (‘STCW’) in accordance with the STCW 2010 code section A-VI/1:
• Personal Safety and Social Responsibilities
• Fire Prevention and Fire Fighting
• Personal Survival Techniques
• Elementary First Aid
• Proficiency in Security Awareness

4.3. The Candidate confirms that all documents/certificates/licences/references in support of their training, qualifications and experience that are provided to Insignia Crew are correct and accurate and have not been falsified.

4.4. The Candidate acknowledges and agrees that by submitting their CV to Insignia Crew:

a) they authorise Insignia Crew to act on their behalf for the purposes of Recruitment Services;
b) they authorise the disclosure of their CV, and other relevant information including qualifications to Clients and prospective Clients of Insignia Crew.

4.5. The Candidate will notify Insignia Crew immediately on the occurrence of the first of the following events:

a) They accept an offer of employment from the Client; or
b) The commencement of an Engagement with a Client.

4.6. If requested by Insignia Crew, a Candidate will provide names and full contact details of at least two referees whom the Candidate agrees Insignia Crew and / or a Client may approach for the purpose of obtaining a reference for the Candidate.

4.7. The Candidate will inform Insignia Crew immediately if they become aware of any circumstances which would render such Engagement detrimental to their interests or those of Insignia Crew and /or the Client.

4.8. During the course of the provision of the Recruitment Services, the Candidate will not engage in conduct which may have a detrimental impact on the reputation of Insignia Crew or the Client.

5. Insignia Crew Obligations

5.1. Insignia Crew gives no promise as to the suitability of an Engagement for a Candidate. The Candidate will satisfy themselves as to the suitability of the Client as a potential employer and the suitability of the job title and job specification before attending any interview or accepting a job offer.

5.2. Insignia Crew is not liable to the Candidate for any loss, injury, damage, expense or delay incurred or suffered by the Candidate arising directly or indirectly from or in any way connected with the Introduction to or the Engagement of a Candidate by a Client, including without limitation any economic loss or other loss of profits, business, turnover or goodwill, indirect or consequential loss, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of Insignia Crew.

5.3. Insignia Crew will not be liable for any loss, injury, damage, expense or delay arising from or connected in any way with:

a) any failure of the Client to meet the Candidate’s requirements; or
b) any act or omission of the Client, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise including but not limited to any failure by the Client to:
• respond to or reject a Candidate’s job application;
• contact Insignia Crew to confirm an interview after requesting that an interview is arranged;
• attend a confirmed interview;
• provide any feedback after an interview
c) the withdrawal by a Client of an oral or written job offer.

5.4. References to liability apply to every liability arising under or in connection with these terms and conditions including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

5.5. Nothing in these terms and conditions limits any liability which cannot legally be limited, including but not limited to liability for:

a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quite possession) any other liability which cannot be limited or excluded by applicable law.

5.6. Subject to clause 5.5 Insignia Crew’s liability to the Candidate shall not exceed the aggregate fees paid by the Client for the Introduction of a Candidate.

6. Data Protection

6.1. Insignia Crew will comply with its obligations under the Data Protection Legislation.

6.2. Further information about how Insignia Crew may use Candidate’s Personal Data can be found in our Privacy Policy click here.

7. Seafarer Candidates

7.1. MLC 2006 establishes minimum working and living standards for all Seafarers working on ships flying the flags of ratifying countries. Under the MLC 2006 every seafarer has the right to:

a) a safe and secure workplace that complies with safety standards;
b) fair terms of employment;
c) decent working and living conditions on board ship; and
d) health protection, medical care, welfare measures and other forms of social protection.

7.2. Insignia Crew is an MLC 2006 compliant agency and has strict protocols and procedures in place in order to comply with the MLC 2006 regulations.

7.3. Insignia Crew strongly recommends that all Seafarer Candidates familiarise themselves with Seafarer rights including pay, hours of work, and accommodation conditions. More information is available here www.ilo.org and here  Seafarer working and living rights .

7.4. Insignia Crew has successfully completed a Maritime Coastguard Agency audit in keeping with the terms of the MLC 2006 title 1.4 meaning the business is compliant in all areas of title 1.4 of the Convention.

7.5. Insignia Crew’s MLC 2006 accreditation is covered under an insurance policy arranged by Sturge Taylor and Associates Ltd (Lloyds Broker) with Underwriters at Lloyds of London.

7.6. Title 1.4 of the MLC 2006 sets standards for the recruitment and placement of Seafarers on ships and commercial yachts to which the MLC 2006 applies.

7.7. Insignia Crew recognises the importance of working with and supporting Clients and their associated yachts with whom the MLC 2006 holds equal focus. In order to establish a yachts MLC 2006 compliance, Insignia Crew will establish the following information:

a) Insignia Crew will request a copy of the yachts MLC 2006 certificate and will record the certificate number on file;
b) Insignia Crew will establish that the terms of a Seafarer’s contract will be released for review prior to that seafarer joining his or her yacht;
c) Insignia Crew will, to the best of its ability, establish that the Seafarer’s SEA (Seafarers Employment Agreement) holds information indicating that the yacht owner and or management company has the means to protect its crew from both abandonment and also being stranded in a foreign port;

7.8. As part of Insignia Crew’s compliance to title 1.4 of the MLC 2006, Insignia Crew operates a number of measures:

a) Insignia Crew will prohibit the use of means, mechanisms or blacklists intended to prevent or deter qualified seafarers from gaining employment;
b) Insignia Crew confirms that no fees or other charges for Seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel identification;
c) Insignia Crew holds an up to date and confidential database of all Seafarers with whom it Engages, the details of which are held for no longer than is necessary and deleted in accordance with its Privacy Policy;
d) Insignia Crew will conduct validation checks to verify the authenticity of Seafarer’s licenses and qualifications;
e) Insignia Crew will conduct confidential reference checks against all Seafarers with whom it Engages;
f) Insignia Crew will not recruit Seafarers under the age of 18, as verified by passport checks at both registration and interview stages;
g) Individual yachts will conduct their own disciplinary procedure as necessary. These procedures will be reflected in the Seafarer’s SEA. It is the responsibility of the individual Seafarer to read and understand the disciplinary procedure of the yacht they joins prior to joining her.

7.9. If a Seafarer Candidate is Engaged by a Client of Insignia Crew, the Seafarer Candidate will be required to provide Insignia Crew with a signed copy of their contract or SEA within 14 days. If this is against a yacht’s policy or the Seafarer has signed an NDA, Insignia Crew will require written confirmation from the Seafarer that they have received their contract, signed it and are happy with the terms and conditions.

8. Complaints Procedure

8.1. Insignia Crew is committed to delivering the very highest level of service to both its Clients and Candidates. To reflect this, Insignia Crew monitors carefully, via a number of means, how its service is delivered. One such method is via a simple complaints procedure.

8.2. In the unlikely event that a complaint needs to be lodged against a service delivered by Insignia Crew, please follow the complaints procedure below.

8.3. Complaints should normally be made within 14 days of an incident or of the matter coming to the Client or Candidate’s attention. This time limit can be extended provided good reasons are supplied for not making the complaint sooner and it is possible to complete a fair investigation.

8.4. Clients and Candidates can make a complaint verbally, in writing, or by email.

8.5. If a Client or Candidate makes a complaint verbally, a record of that complaint will be made and the Client or Candidate will be provided with a written copy.

8.6. If the Client or Candidate are complaining on behalf of a third party, written consent must be included with the correspondence (if made in writing or by email) as this will increase the likelihood of a quicker response. Insignia Crew will respond to complaints as quickly as possible in order to rectify the matter in question without delay.

Step 1
a) Clients and Candidate should contact Insignia Crew explaining the grievance in as much detail as is considered necessary, using any of the following methods:

• Email: complaints@insigniacrew.com
• In writing to: Insignia Crew Ltd, C/O Zest Accountants, Temple Chambers, 12 Clytha Park Road, Newport, NP20 4PB
• Telephone: +44 7879 638 908

b) Insignia Crew is confident that the Client or Candidate complaint can be addressed and resolved by following the procedures explained in step 1. If, however, the Client or Candidate feels that the complaint has not been addressed in a manner that is satisfactory and in keeping with the standards that Insignia Crew aim to maintain, please move to step 2.

Step 2 (for Clients relating to the Engagement of Seafarers and Seafarer Candidates only)
a) If it is believed that a complaint has not been addressed correctly or has been left unresolved, the Client or should contact the following MLC Department at The Maritime Coastguard Agency using the details below. Included in this action should be full details of previous correspondence.

• Website: www.mcga.gov.uk
• Email: mlc@mcga.gov.uk or infoline@mcga.gov.uk
• In writing to: Spring Place, 105 Commercial Road, Southampton, SO15 1EG
• Telephone: (main switchboard) +44 203 817 2000

9. General

9.1. Either Party may terminate these terms and conditions at any time on not less than 14 days written notice to the other Party.

9.2. No variation of these terms and conditions shall be valid unless it is in writing and signed by the parties.

9.3. Neither party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of the its rights and obligations under these terms and conditions without the prior written agreement of the other Party.

9.4. These terms and conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurance, warranties, representations and understandings between them, whether written or oral relating to its subject matter.

9.5. Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

9.6. Unless it expressly states otherwise, these terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.

9.7. Any notice or other communication given to a Party under or in connection with this agreement shall be in writing and shall be:
a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
b) sent by email to the following address [insert email]

9.8. Any notice or communication shall be deemed to have been received:
a) if delivered by hand, at the time the notice is left at the proper address;
b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this Clause 9.8 (c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

9.9. This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

9.10. These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

9.11. Each Party irrevocably agrees that the courts of England and Wales shall exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.