IV. Labor Inspections
The enforcement of labor laws often requires the intervention of public
authorities, with labor inspections being considered the most direct means
to ensure compliance by employers. Fishing, a high-risk “4D” industry 61,
faces unique challenges due to the nature of vessels being mobile
workplaces operating across national borders. These factors make labor
inspections in the fishing industry particularly challenging—both onshore
and offshore. Compounding the issue is the division of inspection
responsibilities across multiple governing bodies, leading to fragmented
authority. The dual-track regulatory framework differentiates between
domestic and overseas employment, while jurisdictional challenges
regarding flags of convenience further complicate the enforcement of labor
laws. These factors collectively add significant complexity to labor
inspections in the fisheries sector.
i. Labor Inspection Mechanisms
Labor inspection is a critical measure for the government to enforce
labor laws, representing the State's use of public authority to intervene in
the private domain of labor relations. Its purpose is to ensure compliance
with labor laws, protect worker safety and health, prevent occupational
accidents, and safeguard workers' rights. 62 The Labor Inspection Act is the
primary legal basis for labor inspections, which involve the exercise of
significant public authority. The scope of inspections is broadly
categorized into two areas: matters regulated under labor standard laws and
matters regulated under occupational safety and health laws.
Fishing operations at sea are characterized by difficulty, long distances from home, high
danger, and dirty working conditions.
62
Chiu Chi-Hsien, “The Professional Division of Occupational Safety and Health and Labor
Inspections,” Taiwan Labor Quarterly, Issue 41, March 2015, Leshuo Headlines, p. 5.
61
67
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