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Anonymous users2024-02-11In addition to the national statutory holidays, the crew members are also entitled to annual leave of not less than 5 days for every 2 months of work on the ship.
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Anonymous users2024-02-10Of the easiest things in the world, procrastination is the least effortless.
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Anonymous users2024-02-09Legal Analysis: The standard of normal working hours of seafarers should be based on 8 hours per day, 2 rest days per week (compensatory rest) and public holidays (compensated) rest.
Except in emergency or extraordinary working situations, the rest time of the crew during the working period of the ship shall meet the following requirements:
1. Not less than 10 hours in any 24-hour period;
2. Not less than 77 hours in any 7-day period;
3. Any rest period in 24 hours can be divided into no more than 2 time periods, of which 1 time period should have at least 6 hours, and the interval between consecutive rest periods should not exceed 14 hours.
Legal basis: Labor Law of the People's Republic of China Article 36 The State implements a working hour system in which the daily working hours of workers shall not exceed eight hours and the average weekly working hours shall not exceed forty-four hours.
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Anonymous users2024-02-08Legal Analysis: During the period of paid leave, the employer of the crew member must pay him or her remuneration not less than the average salary during the period of working on the ship.
Legal basis: Article 30, Paragraph 2 of the Regulations of the People's Republic of China on Seafarers In addition to the holiday posture of national statutory holidays, seafarers are also entitled to annual leave of not less than 5 days for every 2 draft months of work on the ship. During the period of paid leave, the employer of the crew member must pay him or her remuneration not less than the average salary during the period of working on the ship.
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Anonymous users2024-02-07Legal analysis: The protection of the rights and interests of seafarers in the Labor Contract Law has both advantages and disadvantages. The favorable protection is mainly reflected in the labor dispatch aspect, while the disadvantageous aspect is mainly the provisions on the arbitration procedure for labor disputes.
In the case of crew labor contract, the business model between the crew and the shipowner is mainly divided into the following types: First, the company directly signs a crew labor contract relationship with the company's own crew, which is an employment relationship. Second, the crew directly signs a crew labor contract with the shipowner, etc., forming a long-term or short-term (mostly short-term) labor relationship, which is essentially an employment relationship, not an employment relationship.
Third, some crew labor agencies hire or employ crew members who are not their regular employees (generally low-level ordinary crew members), and then arrange crew members to work on ships of other companies (foreign or Chinese nationals), and the crew employment contract or employment contract is signed between the crew labor agency and the unit that actually uses the crew, which involves relatively complex legal relationships such as labor dispatch and labor cooperation, which is also easy to cause crew labor disputes in the case of withering and seeping.
Legal basis: Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer, and the standard of one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.
The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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