Ⅳ. Follow-up and Institutional Analysis︱
• Dual-track regulatory system for fishermen
employment
Foreign fishermen are employed by Taiwanese fishing vessel owners for
maritime fishing. Employment can be divided into domestic employment
and overseas employment depending on the type of fishing activity. The
recruitment, approval and management of domestically hired migrant
fishermen must follow the Employment Services Act, and must also
comply with domestic labor regulations such as the Labor Standards Act,
Occupational Safety and Health Act, and Labor Insurance Act with the
Ministry of Labor as the competent authority. Whereas the approval and
management of foreign fishermen hired overseas are governed by the Act
for Distant Water Fisheries and its subordinate legislation with the Fisheries
Agency of the Council of Agriculture as the competent authority. There are
immense differences between the two regulatory systems.
NGOs have called for “abolishing of overseas hiring and making the
Labor Standards Act applicable to all foreign fishermen” as they believed
that foreign and Taiwanese fishermen alike should enjoy the same rights
and protections. If the Labor Standards Act applies to all domestically-hired
foreign fishermen, then why aren’t Taiwan’s labor regulations applicable to
foreign fishermen that are hired overseas to work on Taiwanese vessels?
According to the COA, the industry believed that distant water fisheries
is a highly internationalized industry subject to international competition.
The working conditions (e.g. working hours and wages) of foreign
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