- 英文關鍵字
- The Seafarer Act, Seafarer Working Conditions, Wages, Allowances, Special Bonuses, On-Shore Charges, Meal Expenses, Annual Paid Leaves, the Seniority of Service, the Seniority of Service on Ships
- 英文摘要
- Compared with general land-based work, the shipping industry and seafarer work have unique characteristics, including the fact that shipping involves international affairs and seafarers must stay away from land, they cannot return home while working on board, and that the sea is quite dangerous. Therefore, the Seafarers Act has special regulations on the employment, working conditions, and welfare of merchant seafarers. If there are specific regulations in the Seafarers Act, those regulations will take precedence, while the Labor Standards Act will apply supplementary to the Seafarers Act.
This article focuses on merchant seafarers subject to the Seafarers Act, focusing on the disputes over labor conditions that have occurred in practice in the past, including: what is the salary structure of seafarers (what is the meaning of “Wage”, “Allowance”, and “Special bonuses”), how to calculate relevant statutory benefits for seafarers, whether various remuneration items
and meal allowances are considered wages under the Labor Standards Act, the conditions for granting paid annual leave on a pro-rated basis of service months, the method of arranging leave, the conditions for converting annual leave into monetary compensation and the nature of the monetary compensation, whether a seafarer can request severance pay from the employer when asserting their rights under Article 21 of the Seafarers Act concerning forced resignation, whether crew members' consent is required when implementing transfers, and the method for calculating seafarers' service years (years of service on board) and other issues. This article summarizes and analyzes the relevant disputes and court judgments and raises issues that need to be clarified under the current laws on some disputes.
- 目次
- 壹、前言
貳、船員勞動條件之實務爭議
一、船員報酬與給付之相關爭議
二、有給年休之相關爭議
三、被迫辭職之資遣費
四、船員之調動爭議
五、船員之年資爭議
參、結論
