national boundaries.79
To ensure adequate labor protection in the fisheries sector, the
provisions of ILO Convention No. 188 must be interpreted alongside other
related ILO conventions that predate it. Only by doing so can the full scope
of Convention No. 188 be comprehensively understood and implemented.
In terms of interpretation, the convention is interconnected with other ILO
labor protection conventions. Furthermore, each article of the convention
is closely linked with others due to the unique characteristics of fisheries
work.
For example, when addressing working hours, one of the key features
of maritime labor is the “uncertainty of working hours,” making their
protection more challenging compared to land-based labor. Once a vessel
sets out to sea, factors such as whether the fishing operation is nearshore
or distant water, maritime weather conditions, and seasonal migration of
fish stocks can all affect standby time.
While working hours are primarily regulated under Articles 13 and 14,
which establish minimum rest periods, these must be considered in
conjunction with other provisions, such as crew allocation. Rest periods
are closely tied to the size of the vessel and the number of crew members
available; smaller crews result in more demanding shifts for those on
board.80
Li, Po-Wen, & Lee, Yu-Ting. (2020, May). A Study on the Labor Inspection System for
Domestic Fishery Workers in Taiwan. Ministry of Labor, Institute of Labor, Occupational
Safety and Health, p. 46.
80
Lin, Liang-Jung, Kao, Shih-Ming, & Hsu, Hui-Yen. (2022, May). Analysis of Domestic
Legislation for ILO Fisheries Work Convention (C188). National Chengchi University,
Ministry of Labor Commissioned Study, pp. 65–67, 109–115.
Article 14, Paragraph 1, Subparagraph 2 of ILO-C188 stipulates: “For vessels remaining at sea
for more than three days, irrespective of their size, and in consultation with the relevant parties,
to prevent fatigue, the minimum rest periods provided to fishers shall be: (i) not less than 10
hours in any 24-hour period; and (ii) not less than 77 hours in any 7-day period.” However,
unlike Article 5, Paragraph 2 of Convention No. 180 (Seafarers' Hours of Work and the
Manning of Ships Convention), this convention does not require that daily rest periods for
fishers be divided into no more than two intervals, with one interval being at least six hours,
and the intervals between two rest periods not exceeding 14 hours.
79
87
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