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國際勞工組織 2006 年海事勞工公約研討會 Seminar on ILO Maritime Labour Convention, 2006 2006 年 12 月 20 日 20 December 2006 台北晶華酒店 Grand Formosa Regent Taipei. 船東的責任 Shipowners’ Liability. 中華民國輪船商業同業公會全國聯合會 National Association of Chinese Shipowners 秘書長 許洪烈 Secretary General Hsu Horng Lieh.
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National Association of Chinese Shipowners
Secretary General Hsu Horng Lieh
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.
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 the International
Labour Organization—ILO 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 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.
3.1 MLC, 2006 Title 1
Minimum requirements for seafarers 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 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
(iii) Hours of work and hours of rest
(vi) Seafarers compensation for the ships’ loss or foundering
(vii) Manning Levels
(viii) Career and skill development and opportunities for seafarers’ emplopment
Accommodation, recreational facilities, food and catering
Covered by Seafarer, Labour and Vessel Law of Taiwan
(i) Accommodation and recreational facilities
(ii) 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 safety 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-age benefit,
employment injury benefit, family benefit, maternity benefit, invalidity
benefit and survivors benefit)
Compliance and Enforcement
Covered by Seafarer, Vessel, Shipping, Labour, Health Insurance and Harbour
Law of Taiwan
(i) Flag State Reponsibilities
System of inspections 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 Supplying 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 MOTC 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.
4.1 Hours 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 to reseach the insurance coverge of your
P&I. to meet the requirements..
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 diagram
Flag State ratified ILO 180 ?
Evidences on work/rest hours ?
Compliance to ILO 180 ?
SOLAS chapter V.14 and STCW regulation VIII/1
Minimum manning ?
Inform flag State and ILO
Inform flag State and ILO
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 association) 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 signatory of
shipowners can be substituted by their delegated and licensed shipping agent in
6.3 MOTC NACFSE National Assistance Commission for Foreign Seafarer
Foreign seafarer work on board the Taiwan flag vessel should apply and get
permit through this commission with the condition that CBA signed between
shipowner and foreign seafarers’ organization and COE signed between shipowner
and seafarer personally in accordance with the CBA.
Develop an action plan for establishing National Flag State Control
Guideline and Port State Control Guideline for compliance with MLC,
2006 to ensure shipowners can meet the minimum mandatory requirements
in 14 specified inspection areas of FSC and PSC easily.
develop an action plan by Shipowners in accordance with your different
service route to pay MLC, 2006 a repect with full and complete effect in your company’s management system and do exercise and practice on goingly for good.
8.1 Taiwan was developed by Law. As far as seafarer’s law concerned ,
Taiwan is a developed country. There are Seafarer Law, Vessel Law,
Harbour Law, Shipping Law, Labour Law and Health Insurance Law to
cover the MLC, 2006 Intergratedly, therefore, if shipowners face
difficulties with other parties concerned regarding the implementation of
MLC, 2006, your are most welcome home back to Flag in Taiwan and
employ moreTaiwanese seafarer .
8.2 On behalf of the National Association of Chinese Shipowners (NACS) ,
I will be very much delighted to say, I am always here at your service and disposal.
8.3 Thank you for your attention.