all are uniformly applicable. With the shift of responsibility for C188 to the
MOA, questions arise regarding how domestically hired foreign fishers and
Taiwanese nationals, previously under the MOL and governed by the
Labor Standards Act, will be affected. Determining the agency responsible
for inspections of occupational safety and health provisions on fishing
vessels, as stipulated in C188, remains challenging.
In some countries, such as Japan, commercial ship and fishing vessel
crew regulations are integrated into a single law—the Seafarer Act. While
distinctions are made between the two types of crews, they are addressed
under separate provisions within the same legal framework; this could
serve as a model for dealing with these issues in Taiwan.
The governing authority for Taiwan’s Seafarer Act is the Ministry of
Transportation and Communications (MOTC). According to a 2014
directive from the MOTC’s Maritime and Port Bureau, the Seafarer Act is
deemed a special law under the Labor Standards Act as specified during its
review by the Legislative Yuan in 2008. Employers intending to hire
foreign seafarers must apply for a permit from maritime authorities and
adhere to the Regulations Governing the Management and Employment of
Foreign National Seafarers. However, for foreign crew members
employed in distant water fisheries, their employment is regulated under
the Act for Distant Water Fisheries and its associated Regulations on the
Authorization and Management of Overseas Employment of Foreign Crew
Members, authorized by Article 26 of the act 99 and overseen by the
Article 26 of the Act for Distant Water Fisheries:
“Any distant water fisheries operator intending to employ overseas any foreign crew member
shall obtain permission from the competent authority. Such employment shall be done by the
distant water fisheries operator him/herself or through domestic intermediaries or agents
(hereinafter referred to as “recruitment agents”).
Recruitment agents as referred to in the preceding paragraph shall be authorized by the
competent authority and shall deposit a certain amount of security deposit.
Regulations on the qualifications of foreign crew members, conditions for permission, required
documents, rights and interests of distant water fisheries operators and foreign crew members,
contents of contracts, conditions for authorization of recruitment agents, period, management,
conditions for revocation, rights and interests of recruitment agents and foreign crew members,
contents of contracts, management responsibilities, the certain amount, submission, and refund
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