The NCCU research team proposed a two-stage legislative approach
with the primary goal of the domestic implementation of ILO-C188. Their
recommendation focused on establishing a specialized law for the labor
protection of fishing vessel crew members. However, the legislative
process was suggested to proceed in two phases. First, integrate
commonalities, specificities, and necessities of labor protection for
maritime workers, such as those on merchant ships (e.g., shipping, tourism
yachts), fishing vessels, or other maritime industries (e.g., offshore wind
energy). This integration would be carried out under the Seafarer Act,
serving as a specialized labor protection law for maritime workers
(seafarers). A dedicated section for “fishing vessel crew members” would
be established within the framework of the Seafarer Act to distinguish this
group from land-based laborers covered by the Labor Standards Act. Phase
two would address areas of existing regulations that do not comply with
C188 through immediate targeted amendments. These amendments would
serve as a foundational step toward the eventual creation of a dedicated
section or specialized law for fishing vessel crew members. 78
However, during the session on “The Challenges and Current Status of
Signing the C188 Convention” at the EU-Taiwan Exchange Forum on
“Taking Action to Safeguard Human Rights of Migrant Domestic Workers
and Fishers” held on January 24, 2024, the Fisheries Agency explained that,
based on the conclusions of the fourth meeting on “Legal Pathways for the
Domestic Implementation of the ILO Work in Fishing Convention (C188)”
convened by the Executive Yuan on October 25, 2023, it was decided that
the Ministry of Agriculture will now serve as the lead agency for
implementing the C188 Convention domestically. The chosen approach
will involve drafting an implementation act. On December 25 of the same
year, the Ministry of Agriculture invited relevant ministries and members
Lin, Liang-Jung, Kao, Shih-Ming, & Hsu, Hui-Yen. (2022, May). Research on the Domestic
Implementation of the ILO Work in Fishing Convention (C188) (pp. 348–350). Commissioned
by the Ministry of Labor, National Chengchi University.
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