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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 Fo PowerPoint Presentation
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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 Fo

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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 Fo - PowerPoint PPT Presentation


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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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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

slide2
1. Shipowners’ Benefits of the Taiwan Flag Vessels

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.

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2. Shipowners’ Liabilities 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 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.

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3. Present Taiwanese Laws compared with the major items required by the MLC, 2006

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

the shipowners.

(ii) Wages

(iii) Hours of work and hours of rest

(iv) Leave

(v) Repatriation

(vi) Seafarers compensation for the ships’ loss or foundering

(vii) Manning Levels

(viii) Career and skill development and opportunities for seafarers’ emplopment

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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) 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)

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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 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.

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4. Concerned Issues for Shipowners of Taiwan Flag Vessels

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..

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5. 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 diagram

PSC

Yes

No

Flag State ratified ILO 180 ?

Yes

No

Evidences on work/rest hours ?

Yes

No

Compliance to ILO 180 ?

No

SOLAS chapter V.14 and STCW regulation VIII/1

Minimum manning ?

No fatigue

OK

Yes

Prescription(s)

Inform flag State and ILO

Detention

Inform flag State and ILO

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6. Government Structure of Taiwanese and Foreign 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 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

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 condition that CBA signed between

shipowner and foreign seafarers’ organization and COE signed between shipowner

and seafarer personally in accordance with the CBA.

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7. Recomandation

7.1 Government—

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.

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 effect in your company’s management system and do exercise and practice on goingly for good.

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8. Conclusion

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.