船東的責任 Shipowners’ Liability

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

2. 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.

3. 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.

4. 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

5. 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)

6. 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.

7. 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..

8. 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

9. 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.

10. 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.

11. 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.