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Summary. In order to protect the labor rights and interests of seafarers, on the basis of investigating the current situation of seafarers' labor security, and based on the background of corporatized management of inland waterway individual transport vessels, this paper further analyzes the possible labor law risks of inland waterway transport enterprises, and proposes that enterprises should pay attention to the following: (1) sign labor contracts as soon as possible; (2) deliver the text of the contract to the crew; (3) Be cautious in signing on behalf of others; (4) pay attention to the application of indefinite term contracts; (5) Pay all insurance premiums in full; (6) Conduct attendance records and performance appraisals and archive them in a timely manner.
Inland waterway transport enterprises shall unify the right to operate ships, and only by truly realizing the corporatization of individual transport vessels can the labor rights and interests of seafarers be effectively protected and the healthy development of the inland waterway transport industry can be ensured.
The current situation and problems of protecting the labor rights and interests of seafarers in China, and the necessity of protecting the labor rights and interests of seafarers.
Don't rush, you take your time.
Hello dear! At present, it is mainly scholars engaged in the study of maritime law, and scholars in the field of labor law are rarely interested in this issue. The protection of crew members involves the relationship between the ship's crew and the shipowner, whether the state intervenes, the qualifications of the crew, the shipowner's obligations and the responsibility of the shipowner.
The establishment of the relationship between the crew and the shipowner is the key to solving the high-law attribute of the crew department.
In order to protect the labor rights and interests of seafarers, on the basis of investigating the current situation of seafarers' labor security, and based on the background of corporatized management of inland waterway individual transport vessels, this paper further analyzes the labor law risks that inland waterway transport enterprises may have in the presence of the department, and proposes that enterprises should pay attention to the following when employing seafarers: (1) sign labor contracts as soon as possible; (2) deliver the text of the contract to the crew; (3) Be cautious in signing on behalf of others; (4) Pay attention to the suitability of indefinite contracts; (5) Pay all insurance premiums in full; (6) Conduct attendance records and performance appraisals and archive them in a timely manner. Inland waterway transport enterprises should unify the right to operate ships, and only by truly realizing the corporatization of individual transport ships can the labor rights and interests of the seafarers be effectively protected and the healthy development of the inland waterway transport industry can be ensured.
Article 27 of the Regulations on Seafarers stipulates that: "The seafarers' employer shall conclude labor contracts with seafarers in accordance with the relevant laws and regulations on labor contracts and the provisions of international treaties on seafarers' labor and social security concluded by the People's Republic of China or which have been strengthened by seafarers." "When applying for documents such as ship operation certificate and crew competency certificate, it is necessary to submit a labor contract, so the file of the ship and crew that has been included in the corporatized management must have a labor contract, and the general term is one year.
However, due to the high mobility of the crew and the frequent changes in the work location, in the case of a normal sail failure, the crew and the ship owner reach a verbal agreement and directly participate in the operation, and the content and form of the work are very arbitrary. Most of the paper labor contracts are only signed as a formal requirement for handling relevant documents, and neither the ship owner nor the crew will carefully study the specific content of the contract, nor will they keep the original documents, and even the contract will be signed by others.
1、。Extract the common factor.
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