A Study on the Seafarers’ Leave and Working / 我國船員應有休假及工作時數之探討

碩士 / 國立臺灣海洋大學 / 商船學系所 / 98 / Taiwan, an island nation, is located in the center area of the Asia and the Pacific Ocean. Therefore, the international waterways of both sides of the island encourage Taiwan to develop the maritime industry actively, and they also have tremendous impact on Taiwan’s economy. The maritime industry is the business providing professional transporting service through recruiting seafarers on ships. In view of the enterprise, the first priority is to fulfill the international criteria and balance the budget. On the employee side, comparatively, they are always pursuing higher pay, shorter working-hours and more reasonable vacations. Thus, it sometimes makes
the employer and employee stand in confronting positions as enemies, but sometimes they are as close as a family. In the society of capitalism and the reviving human rights, there are continuous conflicts between the employer and the employee, which influence the management and the existence of the enterprise. Down to the ground, the key point in business is “human resources.” Keeping high-quality labor working effectively is the key to maintain the organization and the enterprise growing continuously.
Recently, the authorities concerned and the non-overnmental circles have recognized the importance of the human rights. Thus, they are promoting to treat the employees well, provide them with humanized management, and guarantee them the rights to work.
The problems such as reasonable vacations and working hours
influence the seafarers’ health and safe voyage, and furthermore affect the operation of the shipping companies involved directly. This paper focuses on the problems in respects of crew members’ working hours, vacations, recreation, and etc. Firstly, confirm the legalization of the implementation and effectiveness of the international covenant in our country. Further discuss the 2006 ILO Maritime Labor Convention, relevant conventions of
international labor organization, and compare the distinctions and applicability of them. Secondly, discuss the seafarers’ rights in incumbent. The Seamen Act and its sub-laws, and further analyze the current Labor Standards Act in respects of laboring and welfare conditions. Also do a comparison of the two to see if they are compatible with the spirit of the regulation of the international society. Then the paper discusses our regular standard crew member employment contract to see if it is in comply with the terms of international conventions in general, and to explore the disputes may arise in relationship between employers and employees, and etc. Finally, this study concludes the difference between conventions and the acts mentioned above to submit the possible recommendation on the
prospect to achieve the goal to guarantee our crew members’ legal rights, mental and physical health, and at the same time enhance the development of our shipping industry.

Identiferoai:union.ndltd.org:TW/098NTOU5728013
Date January 2010
CreatorsTsung-Hsien Tsai, 蔡宗憲
ContributorsJiunn-Liang Guo, 郭俊良
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format128

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