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Clyde marine contract, 2 years? £3000?

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  • Clyde marine contract, 2 years? £3000?

    Hello,

    I am currently coming to the end of my cadet-ship, I am with Clyde marine and my company wants me to stay on.... But I cant face going away again with their ships. I signed a 2 year contract for when I'm finished my cadet-ship. Does anyone know what happens if I refuse to go to sea? I've herd things about a £3000 fine.

    Any help would be great

  • #2
    Originally posted by Cadet123 View Post
    Hello,

    I am currently coming to the end of my cadet-ship, I am with Clyde marine and my company wants me to stay on.... But I cant face going away again with their ships. I signed a 2 year contract for when I'm finished my cadet-ship. Does anyone know what happens if I refuse to go to sea? I've herd things about a £3000 fine.

    Any help would be great
    Well you signed a contract with them so the company could take you to court possibly. I could imagine this would cost more than 3000

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    • #3
      In the contract they said that a max of 3000 pounds if you break your contract.

      Ive never herd of a cadet being taken to court over a cadet contract, as it would be more hassle for the company than its worth.

      Comment


      • #4
        Originally posted by Cadet123 View Post
        In the contract they said that a max of 3000 pounds if you break your contract.

        Ive never herd of a cadet being taken to court over a cadet contract, as it would be more hassle for the company than its worth.
        Well it's upto the company you signed the 2year contract with to stay on with. At the end of the day it's a breach of contract and some companies won't be nice about it.

        Comment


        • #5
          When I was with Clyde it was just the training no company had a tie in, and at that stage if you failed to complete the course they had on the paperwork a maximum of £3000 that they could claim back, some of my contemporary's were given contracts from companies DURING their cadetships and were made to believe that if they didn't accept the 2 year contract then their cadetship would be in jeopardy. However.....

          It will be worth going through the paperwork you have got, there are two basic options (they may be more)

          if its one contact that covers the cadetship and this job then yes you have to do it and if you don't they will be right to claim back whatever penalty that they have written in (given that the whole package considers that you will work for them) as it will be valid the whole period

          if it is two separate contracts then its a different matter, even if they are your sponsor unless the agreement with Clyde Training (trainee sponsorship agreement) details it then the company has no hold over you for anything you have received as a cadet (even the sea time is something that Clyde and not NMM are responsible for managing) from my OLD contract Clyde marine can recover a contribution to minimise the loss incurred by early termination up to a maximum of £3000, medical and compassionate reasons may be treated differently. You would then have a second contract that is effectively a job and as such can be treated like that ie you can leave. however to avoid any extra stress I wouldn't bring that up till all the sea time has been achieved although even then under the previous agreement clyde would still have the obligation to get you the sea time with the sponsor. The other way the job part could have been done is by being an update of the original contract, in which case it would also need to be signed by your surety and it is clyde marine changing the terms of a contact that all parties have then agreed to, that would be harder to leave, but not impossible.

          once all the sea time is in talk to your manager about this, make sure you don't slip up and give them an easy excuse to fire you and while it not really the unions true role talk to them as they will provide legal advice to members
          you can take it with a pinch of salt, but i prefer it with a nip of whisky

          Comment


          • #6
            Hello ETwhat,

            Thanks for the reply, helps a lot!

            I am with NNM and i just read through some paper work, it said I have also a signed an agreement with NNM. I don't have this agreement, so i will try and get hold of it. I signed this when i was 17 years old.

            I have booked my orals now, so i don't need to worry about sea time etc...

            With a large company like this, i really struggle to believe that every cadet they take on does their two years. I haven't herd one horror story of any cadets paying anything more than 3000 quid.

            For a company to take a cadet to court and try get money out of them seems very extreme, especially when the cadet doesn't want to go away any more and would be use less if he did go to sea....

            Comment


            • #7
              Originally posted by Cadet123 View Post
              Hello ETwhat,

              Thanks for the reply, helps a lot!

              I am with NNM and i just read through some paper work, it said I have also a signed an agreement with NNM. I don't have this agreement, so i will try and get hold of it. I signed this when i was 17 years old.

              I have booked my orals now, so i don't need to worry about sea time etc...

              With a large company like this, i really struggle to believe that every cadet they take on does their two years. I haven't herd one horror story of any cadets paying anything more than 3000 quid.

              For a company to take a cadet to court and try get money out of them seems very extreme, especially when the cadet doesn't want to go away any more and would be use less if he did go to sea....
              Word of warning, as you were under 18 at commencement a legal guardian / parent will have signed the contract as well as yourself and will be held jointly liable - the company can choose to pursue them for the costs.

              Although you do really need to find a copy of the contract you signed with NMM and check it's terms if that is the one which requires you to continue for 2 years beyond the cadetship.
              “Twenty years from now you will be more disappointed by the things you didn’t do than by the ones you did do. So throw off the bowlines, sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.”

              – Mark Twain
              myBlog | @alistairuk | flickr | youtube Views and opinions expressed are those of myself and not representative of any employer or other associated party.

              Comment


              • #8
                Originally posted by Cadet123 View Post
                I am with NNM and i just read through some paper work, it said I have also a signed an agreement with NNM. I don't have this agreement, so i will try and get hold of it. I signed this when i was 17 years old.
                Ultimately yes without a copy of the contract you really cant make any informed decisions, if they have recently sent you information about it then asking them wont seem strange you are young and occasionally young people aren't great at holding onto paperwork (generalizing).
                From the Clyde agreement there is no come back for money as long as you complete the cadetship, so it will be in the other bit that any different terms are mentioned, however if NMM have paid for any courses vacinations etc over and above what they would have had to do for you as a cadet because they believed you were going to come work for them then certainly they will have terms for recouping the cost.

                As a point when I told Clyde that I was off to work for someone else they suddenly said you cant you have to work for NMM and you signed a contract and they can charge you etc etc, now I knew I hadn't and strangely enough no contract was ever found. so if you don't have a copy of it, then make sure it does exist.

                Alistair - all clyde cadets have to have a surety sign the contract as well regardless of age and it is made clear that in a debt situation they can chase them as well as you.
                you can take it with a pinch of salt, but i prefer it with a nip of whisky

                Comment


                • #9
                  Just a word of warning, I have frequently seen people like yourself say "I have never heard someone being taken to court/ pay etc" but I have (one of my mates got a real hard time and ended up quite substantially out of pocket 10 years ago)

                  Remember you may be the one they choose to make an example of and a contract is a contract.

                  IMHO if you knew you had to do 2 years just do 2 years!
                  Pilotage - It's just a controlled allision

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