Ⅳ. Follow-up and Institutional Analysis︱
The unusual nature of maritime labor means working conditions
such as working hours and rest time stipulated by the Labor Standards
Act are difficult to implement in practice. There are major differences in
the work aboard inshore/offshore fishing vessels and distant water fishing
vessels. Distant water fishing vessels operate for long periods at sea
making them more similar to the crew of merchantmen. The labor rights
of merchantmen crews are actually governed by the Seafarer Act, the
ILO Maritime Labour Convention (2006) (Convention No. 186), and not
the Labor Standards Act. At the same time, domestic and overseas-hired
fishermen each fall under the authority of different regulatory systems and
are managed under different laws. Abolishing the dual-track regulatory
system requires a decision at a higher policy level. Past amendments to
the three distant water fisheries laws however were already based on the
adoption of the dual-track regulatory system.
The aforementioned problems all increase the difficulty of applying
the Labor Standards Act to fishermen hired overseas. Fishing vessel
owners and fishermen hired overseas are unlikely to agree to be bound
by Taiwan’s labor regulations in their labor contracts as well. If a separate
set of regulations that account for the unusual nature of maritime labor
is to be defined, this can’t be left completely up to the market to decide.
The parts on protecting the health, safety, and dignity of fishermen, in
particular, should still be guided by the spirit of the Labor Standards Act.
Reference principles should be set such as maximum working hours and
minimum wage aboard fishing ships. Such standards may be different
from terrestrial labor but the differences should not be too pronounced
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