國際勞工組織2006年海事勞工公約研討會

1、國際勞工組織2006年海事勞工公約研討會Seminar on ILO Maritime Labour Convention, 20062006年12月20日20 December 2006臺北晶華酒店Grand Formosa Regent Taipei船東的責(zé)任Shipowners Liability中華民國輪船商業(yè)同業(yè)公會全國聯(lián)合會National Association of Chinese Shipowners秘書長 許洪烈Secretary General Hsu Horng Lieh11. Shipowners Benefits of the Taiwan Flag Vessels

2、 1.1 Ensure a level playing field between ships of countries that have ratified the MLC and ships of countries that have not ratified the MLC. 1.2 Prevent unfair competition from operators. 1.3 Ensure ships are operated safely and securely with few problems and few delays in port.22. Shipowners Liab

3、ilities of the Taiwan Flag Vessels 2.1 Act in a accordance with the National Laws, Regulations, Decrees, Guidelines, Applicable Collective Bargaining Agreements and Measures in practice which are on going fully comply with the mininun mandatory requirments of the Maritime Labour Convention, 2006 of

4、the International Labour OrganizationILO MLC 2006 2.2 To Carry on board a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance, attached to the ML Certificate and an intrim ML Certificate if necessary that provides prima facie evidence in foreign ports that condition on board

5、the ship comply with the National requiremenets of implementing the MLC. Ships that do not have a certificate are subject to Port State Control detailed inspections.33. Present Taiwanese Laws compared with the major items required by the MLC, 2006 3.1 MLC, 2006 Title 1 Minimum requirements for seafa

6、rers to work on a ship Covered by Seafarer, Shipping, Health Insurance and Labour Law of Taiwan (i) Minimum age (ii) Medical certificates (iii) Training and qualifications (iv) Recruitment and placement (Pay placement of seafarers is prohibited ) 3.2 MLC, 2006 Title 2 Condition of employment Covered

7、 by Seafarer and Labour Law of Taiwan (i) Seafarers employment agreements (h) the health and social security protection benefits to be provided to the seafarer by the shipowners. (ii) Wages (iii) Hours of work and hours of rest (iv) Leave (v) Repatriation (vi) Seafarers compensation for the ships lo

8、ss or foundering (vii) Manning Levels (viii) Career and skill development and opportunities for seafarers emplopment4 3.3 MLC, 2006 Title 3 Accommodation, recreational facilities, food and catering Covered by Seafarer, Labour and Vessel Law of Taiwan (i) Accommodation and recreational facilities (ii

9、) Food and catering 3.4 MLC, 2006 Title 4 Health protection, medical care, welfare and social protection Covered by Seafarer, Labour and Health Insurance Law of Taiwan (i) Medical care onboard ship and ashore (ii) Shipowners Liability (Include Sick and Injured Seamen or Death) (iii) Health and safet

10、y protection and accident prevention (iv) Access to shore-based welfare facilities (v) Social security (shall include at least three branches of the medical care, sickness benefit and employment injury benefit out of the nine branches of the medical care, sickness benefit, unemployment benefit, old-

11、age benefit, employment injury benefit, family benefit, maternity benefit, invalidity benefit and survivors benefit)5 3.5 MLC, 2006 Title 5 Compliance and Enforcement Covered by Seafarer, Vessel, Shipping, Labour, Health Insurance and Harbour Law of Taiwan (i) Flag State Reponsibilities System of in

12、spections for issuing Maritime Labour Certificate and Declaration of Maritime Labour Compliance need to be established. (ii) Port State Responsibilities System of inspection for modifing the Port State Control implementation system to incorperate with MLC, 2006 need to be established. (iii) Labour S

13、upplying Responsibilities System of inspection for enforcing Taiwanese seafarer supplying responsibilities covered by the system of “Advisory Committee for the Foreign Employment of the Mariners R.O.C., ROC ACFEM” estabilished under the Seafarer Law and only shipping agent with license issued by MOT

14、C can apply to the committee. The committee also kept special Fund of 10 millions NT Dollars for the repatriation of seafarers under certain conditions, for this Fund, We are the number one and possibly the only one Fund in the world.64. Concerned Issues for Shipowners of Taiwan Flag Vessels 4.1 Hou

15、rs of Work and Hours of Rest Shipowners are request to research and compare the differences between IMO STCW Chapter. VIII for watchkeepers and ILO MLC Title 2 for all workers on board and try to fully comply them all. 4.2 Social Security (three branches out of nine branches) Shipowners are request

16、to reseach the insurance coverge of your P&I. to meet the requirements.75. Draft of PSC Guidelines on inspection of seafarers working hours (IMO) 5.1 Possible deficiences that can be found out during inspections 5.2 Deficiencies which may be grounds of detention 5.3 PSC fatigue inspection diagramFla

17、g State ratified ILO 180 ?Evidences on work/rest hours ?Compliance to ILO 180 ?SOLAS chapter V.14 and STCW regulation VIII/1Minimum manning ?No fatiguePrescription(s)Inform flag State and ILODetentionInform flag State and ILOPSCYesYesYesYesNoNoNoOKNo86. Government Structure of Taiwanese and Foreign

18、Seafarers Employment on board Taiwan Flag Vessels. 6.1 MOTC Harbour Bureau Taiwanese seafarers work on board the Taiwan Flag Vessel should apply and get permit through this bureau with the condition of Collective Bargaining Agreement (CBA) signed in between NCSU (seamen union) and NACS (shipowners a

19、ssociation) and with the MOTC Government Form of Contract of Employment (COE) signed between shipowners and seafarers personally. 6.2 MOTC ACFEM, ROC Taiwanese seafarer work on board the Foreign Flag Vessel should apply and get permit through this committee with the same condition as 6.1. But the si

20、gnatory of shipowners can be substituted by their delegated and licensed shipping agent in Taiwan. 6.3 MOTC NACFSE National Assistance Commission for Foreign Seafarer Employment Foreign seafarer work on board the Taiwan flag vessel should apply and get permit through this commission with the conditi

21、on that CBA signed between shipowner and foreign seafarers organization and COE signed between shipowner and seafarer personally in accordance with the CBA.97. Recomandation 7.1 Government Develop an action plan for establishing National Flag State Control Guideline and Port State Control Guideline

22、for compliance with MLC, 2006 to ensure shipowners can meet the minimum mandatory requirements in 14 specified inspection areas of FSC and PSC easily. 7.2 Shipowners develop an action plan by Shipowners in accordance with your different service route to pay MLC, 2006 a repect with full and complete effec