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Article 1
These Regulations have been established pursuant to Article 25 of the Seafarer Act.
Article 2
Foreign employers shall apply to employ seafarers from the Republic of China (R.O.C.) in accordance with the provisions established herein.
Article 3
In order to manage the employment of R.O.C. seafarers by foreign employers and provide employed seafarers with better services, the Maritime Administration has approved the creation of the Committee for R.O.C. Seafarers Employed by Foreign Employers (hereinafter the “Committee”) to offer aid with regard to processing employment procedures and integrating and providing consultation services to settle disputes between employers and employees, as well as to assume responsibilities related to the depository and utilization of the relief fund financed for seafarers employed by foreign employers.
Falling under the supervision of the Maritime Administration, the Committee is made up of representatives designated by the Master Mariners Association, National Chinese Seamen’s Union, R.O.C. Vessel Carriers, R.O.C. Shipping Agency and the Maritime Administration.
The Committee shall have 7 to 15 members, among which one chairman, one deputy chairman and one financial committee member shall be elected. These members’ positions shall be unpaid and have a term of service of 3 years. The chairman may be reappointed once when elected successively, while all other members may be reappointed when elected successively. General committee meetings shall be held quarterly and special meetings may be convened whenever necessary.
1 or 2 members from the paragraph above shall be assigned by the Master Mariners Association; 2 to 3 members by the National Chinese Seamen’s Union, 1 by the R.O.C. Vessel Carriers, 2 to 4 by the R.O.C. Shipping Agency and 1 to 5 by the Maritime Administration.
The relief fund created for seafarers employed by foreign employers shall be used to help settle disputes between employers and employees. The administrative guidelines for such fund shall be established by the Committee.
The Committee may employ multiple short-term employees as required to handle Committee affairs. The Committee’s establishment plan shall be submitted to the Maritime Administration for approval.
Article 4
Foreign employers shall entrust their employment of R.O.C. seafarers to either R.O.C. shipping carriers or R.O.C. shipping agencies, public or private professional colleges, senior vocational schools or higher-level schools or maritime related unions (associations) as their agent for employment. Foreign employers shall fill in an application form (see Attachment 1) and a letter of authorization (see Attachment 2) and shall provide the following documentation to the Maritime Administration to apply for a registration permit before employment:
1. Photocopy of the certificate of nationality of the vessel.
2. A special agreement signed with the National Chinese Seamen’s Union about the employment of R.O.C. seafarers, or equivalent supporting document acknowledged by the National Chinese Seamen’s Union, or a MLC Certificate..
Article 5
After a foreign employer or representative employs a R.O.C. seafarer following approval, an employment contract shall be signed and the following documents shall be submitted to the Maritime Administration for records:
1. List of seafarer information.
2. Duplicate copy of the seafarer employment contract.
Article 6
Any foreign employer who would like to transfer an employed seafarer to another vessel or to borrow a seafarer employed by another foreign employer shall first obtain the consent of the seafarer and re-sign the employment contract. The current foreign employer shall submit the re-signed employment contract, together with the list of seafarer information, to the Maritime Administration within 15 days for reference. However, if the foreign employer remains unchanged, the years of employment shall not be interrupted.
Article 7
The representative of a foreign employer shall submit the Monthly Report on the Number of Onboard and Onshore R.O.C. Seafarers (see Attachment 3) to the website system of the Maritime Administration before the 10th day of the following month.
Article 8
If a R.O.C. seafarer or a vessel on which the seafarer serves has an accident or experiences an anomalous event, the foreign employer or its representative shall immediately report to the Maritime Administration.
Article 9
If a seafarer leaves the vessel without permission in a foreign country, the foreign employer or its representative shall immediately fill out and submit the Report on Seafarers Leaving Vessels in a Foreign Country without Permission (see Attachment 4) to the Maritime Administration for further handling.
Article 10
A foreign employer that hires R.O.C. seafarers shall not order such seafarer to violate R.O.C. laws or regulations or do anything that may possibly jeopardize national interest. Such employer shall be responsible for returning the seafarers to the R.O.C. when the R.O.C. government summons them for military service.
Article 11
Any foreign employer or its representative that violates these Regulations shall be sanctioned in accordance with the Seafarer Act and other applicable laws and regulations. Such foreign employer or representative may also be barred from further application for employment or acceptance of entrustment to employ R.O.C. seafarers for a period no less than 3 months but no more than 2 years.
When a foreign employer or its representative commits a material breach of these Regulations, its permit to hire or to be entrusted with the hiring of R.O.C. seafarers shall be revoked.
Article 12
These Regulations shall be implemented from its date of publication.
Web site:Laws & Regulations Database of The Republic of China