looking for a fair agreement

[SeaStarDF50]

Unrelated to your query: What's your boat make & year?

 

[ljk]

To start the business off, pay the mate by the hour or by the trip. After the business is off and running, you can determine a salary if you like. However, in the states, most businesses like the one you describe are going to pay so much per trip.

 

[DC36Monk]

You can write up a simple agreement. List the expenses to be paid before the split (fuel, guest beverages and food, etc.), the split, his duties, when the deal starts and how much notice to end it. Second, I’m going to be in Buenos Aires in late March. How about a boat tour?

 

[OldDan1943]

Employee, benefits .....
Day labor, no benefits.....
Check the local labor market....
Get an attorney involved before making any agreement.
In a business, you have to be somewhat callus. You are protecting your assets, the boat.
You must have business/liability insurance.... to protect YOU AND YOUR ASSETS.
You can always expand any agreement after a couple seasons.
Local labor laws can be a bugger too.
Just my opinion, I am not an licensed captain nor attorney.

 

[neurodoc]

You can write up a simple agreement. List the expenses to be paid before the split (fuel, guest beverages and food, etc.), the split, his duties, when the deal starts and how much notice to end it. Second, I’m going to be in Buenos Aires in late March. How about a boat tour?

Hi there!
thanks for your input. I actually had the chance to talk about this issue with my future mate and he had the same concerns I have. I proposed to write an agreement for 6 months and if necessary to adapt it to "reality" after that period. He agreed.

About Buenos Aires in late March: you are welcome! It is the beginning of Autumn and usually a very beautiful season on the Delta: you will see migrating birds, multicolored tree leaves and enjoy mild temperatures.

I will be around, pls send me a PM to exchange contact info.
BTW: the 24th of March (this year a Tuesday) is a public holiday. So it is quite probable that we will have a long weekend (20 trough 24th)

Best regards, Cosme

 

[neurodoc]

Unrelated to your query: What's your boat make & year?

Hi!
My boat is a Camaron (word that means "shrimp") about 50 were built between 1980 and 2000 in the northern suburbs of Buenos Aires.
It was designed by a local Naval Architect and size varied according to owners preferences (and budget). The lines have clearly been taken from fishing trawlers.
Construction is very solid: 1/4 inch welded naval steel. Propulsion was usually 2 x 140 HP diesel (Perkins or GM).
Although designed for freshwater recreational sailing, many are used as work boats at the sea.

 

[BandB]

You can write up a simple agreement. List the expenses to be paid before the split (fuel, guest beverages and food, etc.), the split, his duties, when the deal starts and how much notice to end it.

On many things I recommend one writing their own simple agreement. However, based on your knowledge and experience, I would strongly recommend against any do it yourself agreement in this situation. Here is why.

This innocent appearing agreement can actually be far more than you intend it to be and can establish the long term legal relationship. For instance, you may think it's a contracting agreement and it's legal form may make it a partnership agreement giving the other party equity ownership or you may intend it to be contracting but might accidentally through wording make it an employment agreement requiring all the aspects of having an employee to be dealt with. The laws affecting such things as I've described above are very complex and while I understand them in the US, I wouldn't profess to in any other country.

For instance, the comment made on "how much notice to end it". That may very well be superceded by law if the agreement is written in certain ways. I've seen major impact years later by very minor gestures or agreements in earlier years of companies. That includes deals held up because a former employee was given one share of stock and a deal held up because owners didn't realize in the particular country involved that the sale or transfer required a vote by and approval by the employees. In all cases these were worked out "at a price", a not insignificant one.

 

[neurodoc]

On many things I recommend one writing their own simple agreement. However, based on your knowledge and experience, I would strongly recommend against any do it yourself agreement in this situation. Here is why.

This innocent appearing agreement can actually be far more than you intend it to be and can establish the long term legal relationship. For instance, you may think it's a contracting agreement and it's legal form may make it a partnership agreement giving the other party equity ownership or you may intend it to be contracting but might accidentally through wording make it an employment agreement requiring all the aspects of having an employee to be dealt with. The laws affecting such things as I've described above are very complex and while I understand them in the US, I wouldn't profess to in any other country.

For instance, the comment made on "how much notice to end it". That may very well be superceded by law if the agreement is written in certain ways. I've seen major impact years later by very minor gestures or agreements in earlier years of companies. That includes deals held up because a former employee was given one share of stock and a deal held up because owners didn't realize in the particular country involved that the sale or transfer required a vote by and approval by the employees. In all cases these were worked out "at a price", a not insignificant one.

You are absolutely right!
I will have this agreement written by an attorney specialized in labor contracts.

 

[OldDan1943]

You are absolutely right!
I will have this agreement written by an attorney specialized in labor contracts.

No shares.... a straight employer and employee contract and exploration date, written by an attorney.