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 99 122

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات